Tag Archives: sexcrime

Bill Cosby’s Second Trial Going to Jury

bill cosby

Bill Cosby

Closing arguments are scheduled today in Bill Cosby’s second trial on charges of drugging and sexually abusing a woman, Andrew Costand. The case previously went to trial last year, and ended in a hung jury. This time around, there was some additional evidence that went in front of the jury. The prosecutors were permitted to introduce the testimony of several other women, including supermodel Janice Dickinson, who allege that Cosby also drugged and assaulted them in a similar manner: in the first trial, they were only permitted to introduce the testimony of one women, who did not testify in this case. That’s huge for the effect on the impression of Cosby’s character. However, the Defense was permitted to introduce the testimony of a co-worker of the accuser, who claims that Constand had confided that she had a plan to accuse Cosby in order to cash in, and that she ultimately received a settlement of $3.4 million. That evidence was not heard at the first trial, either.

Closing arguments should conclude today, though jury deliberations may continue beyond this evening. The tenor of this trial was very different, as Cosby’s new attorney Tom Mesereau pointedly attacked the accuser and her financial interest in the claims. They also introduced evidence from Cosby’s private plane suggesting he was not even in Philadelphia at the time she alleges the attack to have occurred. The case will soon be in the hands of the jury- Cosby faces several years in prison for the three counts, of he could walk free. This is the only case of the multiple accusations against him for which the statute of limitations has not expired. The last jury deliberated over the course of six days, so it may be a while before there is a verdict.

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Bill Cosby’s Retrial Begins this Week

Famed comedian Bill Cosby goes back on trial this week for charges that he drugged and sexually assaulted a woman several years ago. Since the charges were filed, dozens of other woman have come forward to allege that Cosby had similar conduct with them. The case went to trial 10 months ago, and ended with a hung jury. Even though Cosby’s attorneys managed to avoid a conviction at that trial, Cosby now has a new legal team lead by Tom Mesereau, who has handled such high-profile clients as Michael Jackson.

The trial will be quite different this time, as the new attorneys seem more aggressive, and the evidence has substantially changed. For the first trial, the court allowed one other accuser to testify about her experience with Cosby. This time around, the court has permitted up to five other accusers to testify. Last time around, the attorneys were able to cast enough doubt on the “similar fact evidence” witness that the jurors later said they completely disregarded her. It will be very difficult for them to disregard five, or to demonstrate that they are financially motivated. One of the possible witnesses is model Janice Dickinson, who has sued Cosby for defamation for attacking her claims. It’s unclear why the judge decided that five other people can testify in this trial when they couldn’t in the last one, but it appears to make the situation far more grave for Cosby.

Generally, a retrial favors the prosecution… and probably more so when the judge permits a substantial amount of evidence that was previously excluded. We will find out the final outcome when the trial concludes, probably not for about a month.

The Sordid Tale of a former Kentucky Judge turned Sex-Trafficker

tim nolan mug shot

Tim Nolan

Cincinnati.com went long on Tim Nolan, the former judge (and attorney, school board member, and Trump activist) who has pled guilty to charges of human trafficking. Go check out the full article by Scott Wartman. In sum, the former judge- who had prided himself of being tough on crime, turned out to be a criminal. He has pled guilty to 21 counts of human trafficking going back to 2004, and will be sentenced Thursday for what will probably amount to a life sentence (20 years). He took advantage of young women, many living in his properties, often using drugs or physical force or the threat of eviction to induce them for sex.

The case was weird, not only because of Nolan’s political ties. At one point there were allegations he paid a witness, with whom he had had a relationship, but whose daughter was one of his victims. There was talk that he might blame mental illness, or his brain tumor, for his behavior, but ultimately decided to enter a guilty plea. He reportedly had a disdain for lawyers… which in itself suggests his contempt for the rule of law and due process, but is particularly galling for a lawyer himself.

Be sure to check out the article on cincinnati.com.

Former Naples Officer Acquitted of Sex Abuse Allegations

ricardo vazquez jr

Ricardo Vazquez Jr. speaks with his attorney, James Chandler, via WINK News

Ricardo Vazquez Jr. was acquitted by a jury today in Collier County of 4 counts of sexual molestation of two minors. Vazquez had worked at a Naples police officer several years ago. One of the counts could have earned him a life sentence, due to the accuser’s age. However, there was no physical evidence to back up the allegations, only the testimony of the accusers, and there were some inconsistencies in their statements. Vazquez was convicted of 2 lesser counts of misdemeanor battery, and sentenced to time served on those, since he had been in custody since his arrest in 2016. He will be released today, and is not a felon or a sex-offender. Vazquez had denied the charges all along, took the stand in his own defense, and it was demonstrated that the accusers did not like him. The trial started on Monday, closing arguments were yesterday, and they jury took the night off, and came back today to finish their deliberations.

Vazquez was represented by Naples attorneys James Chandler and Elizabeth Humann, who did an excellent job with a tough case. I spoke to Chandler, who said, “It was a great day for the Vazquez family and I am happy that their son and brother is returning home to them. It was a hard fought and emotional trial. Now it is time for Rick to try to return to life. I am extremely proud of our team.” It was a huge win on another big case for Chandler and his firm.

The Large Penis Defense Worked! Richard Patterson Found Not Guilty

Richard Patterson

Richard Patterson

Richard Patterson, who’s attorney claimed that his girlfriend accidentally choked to death on his large member during oral sex, as opposed to being intentionally choked, has been found not guilty by a jury this afternoon. Patterson did not take the stand, but the Defense presented testimony from the former county medical examiner that her injuries could be consistent with choking to death on his member. Medical testimony from the state called that theory into question, but the associate medical examiner could not state for certain the manner of death. The jury was not able to find beyond a reasonable doubt that the death was murder, and Patterson is a free, well-endowed*, man.

In fact, his attorney conceded that the explanation of death while performing oral sex was unlikely, but shifted his focus that the death could have been from a heart attack or other accident. While her body was decomposed, her throat cartilage was not broken, leaving open the possibility of an accidental death. Prosecutors could not prove the cause of death, nor how long she had been dead, which complicated their burden of proof, on an extremely complicated case.

*Presumably well endowed, as the defense decided not to put his penis in evidence, nor to show it to the jury…

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The Penis Defense Case is going to the Jury

Richard Patterson

Richard Patterson

Attorneys for Richard Patterson, accused in the choking death of his girlfriend, Francisca Marquinez, are doing their closing arguments today, and the jury should begin deliberations this afternoon. The case has made headlines after Patterson’s attorney filed a motion to allow the jury to view his client’s penis. Apparently, he decided against the presentation, as he rested the defense case before the court had to rule on the motion. The Defense did present the former Broward County medical examiner, who testified it was possible that the victim could have choked during oral sex. Previously, the state presented testimony from a current associate medical examiner, who testified about why it was unlikely she died this way, but that he could not rule on the manner of death due to the body’s condition when it was discovered. Prosecutors argued in closing that Patterson did not call 911 right away, which might be expected if the injuries really occurred accidentally, in addition to pointing out other statements by Patterson. The jury could reach a verdict later today.

Our original story on the case: https://crimcourts.wordpress.com/2017/05/17/florida-man-to-use-penis-defense-in-murder-trial/

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Florida Man to Use Penis Defense in Murder Trial

Richard Patterson

Richard Patterson

When I heard about this murder case, I was confused because I also heard it was a choking case. Horrifically, I was not given bad information: it is a choking case, and Richard Patterson claims the woman choked on his member. Trial is underway, and Patterson’s attorney argued a motion to allow the jury to see his penis. Reportedly, the state does not object: what can they say if that is the defense he claims. Defendants have broad latitude to present and argue their defenses.

At issue is whether or not the penis will be erect… The state argues that it should be erect, for proper context. That actually kind of makes since, as the Defendant is arguing that she accidentally choked while giving him oral sex. It appears there will be no dispute that she was otherwise healthy and died of asphyxiation, but to prove second degree murder, the state will have to show that the defendant cased the death by an act that was “imminently dangerous” AND “demonstrating  a depraved mind without regard for human life”. An accidental death during consensual sexual activity would not meet this standard, though the State is likely to argue that his story doesn’t make sense. The Defendant indicated in his motion that they intend to call the Broward Medical Examiner who will testify the death is “consistent” with accidental asphyxiation during oral sex. This could end up being the trial of the year…

The trial started yesterday, and a jury has been selected. The judge has not ruled whether the penis will need to be erect for the jury demonstration. The death occurred in Broward county in 2015, and Patterson is facing life in prison if convicted.