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Crime & Justice News -- December 1, 2008

By David Badertscher, PLL

<p>Source: Crime & Justice News -- December 1, 2008</p> <p>" </p><table cellspacing="0" cellpadding="0" width="600" border="0"><tbody><tr><td><font color="#000000" size="2"> <div>-- Advocates Seek To Allow Open Gun Carrying In Texas</div> <div>-- Have "Stand Your Ground" Laws Gone Too Far For Self-Defense?</div> <div>-- NYC Police Killing Of Man Who Wielded Chair Called Justified</div> <div>-- How Las Vegas Police "Saturation Teams" Attack Crime</div> <div>-- Bratton Persuades L.A. To Expand Police Force Despite Economy</div> <div>-- Milwaukee Police Dog-Shooting Case Goes To Jury Trial</div> <div>-- Nebraska Murder Case Sets Record For 6 Exonerated By DNA</div> <div>-- OR Getting 1,600 More Nonviolent Inmates, Must Pay For Housing</div> <div>-- Houston Called Top U.S. Source Of Guns Going To Mexico</div> <div>-- St. Louis Newspaper Condemns "Worthless" City Crime Rankings</div> <div>-- Victim Impact Videos Likely To Appear In More Criminal Trials</div> <div>-- Will More Criminal Cases Be Filed Over Web "Terms Of Service?</div></font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">Advocates Seek To Allow Open Gun Carrying In Texas <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>More than a month before the Texas legislative session starts Jan. 13, gun-rights supporters are asking state legislators to pass an "open carry" law to let Texans wear guns openly, the Ft. Worth Star- Telegram reports. They are putting their message on billboards, on banners on cabs and in radio ads, asking others to sign on to the cause. 'We are targeting Texas,' said Mike Stollenwerk of www.opencarry.org, a champion of the growing nationwide effort. 'Texas is probably the most pro-gun state, but doesn't have open-carry laws. <p>Texas is an open-carry battleground because it is one of only six states where handguns cannot, in some form, legally be worn in plain view. Texas residents may carry concealed handguns if they have a permit. More than 28,000 people have signed an online petition asking Gov. Rick Perry and the legislature to make Texas an open-carry state. "Some fear that pushing for open carry could bring more problems than solutions. 'What are they trying to do?' said Richard Leal of Texans for Gun Safety Laws. 'Go back to Texas gunslinger days?' It has been 14 years since the state legislature passed a concealed-carry law. </p><a href="http://rs6.net/tn.jsp?e=00144ai5H7ur4Er8wnkZe-HYkYil0-VmM5ukb6Gh-jdbx2O4VJE1BMTVoilj1XWJ1NDGJPF--dX5N44yyLw23hXdG1trOVNNU2q1ID118ZkrTHEIdpQYymPhQTpAEdeGurwr1gTFdU8DrQSDZXlCXsmJUDHZ_siS6Wj" shape="rect" color="#0000FF" target="_blank">Ft. Worth Star-Telegram</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">Have "Stand Your Ground" Laws Gone Too Far For Self-Defense? <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>Mitch Morelli of Memphis pusued an armed robber in a high-speed car chase and was able to jot down a tag number that helped police track down the assailant, reports the Memphis Commercial Appeal. 'It was straight out of Clint Eastwood-type stuff,'' Morelli said. 'But I knew if I did nothing, nothing would happen.'' The suspect, police allege, had terrorized city schools in a series of handgun incidents and had robbed another family in a home invasion. <p>Critics fear some citizens have become too bold amid law changes that have greatly broadened the right of self-defense. Nationally, a spate of "Stand Your Ground'' laws, including one passed in Tennessee last year, are eliminating old standards requiring that a crime victim retreat first before using deadly force. A prosecutor said Morelli likely was within his rights to pursue his robbers. An old Tennessee law gives citizens power to make citizen arrests. Paul Helmke of the Brady Campaign to Prevent Gun Violence questions whether society should 'go back to a vigilante, every-man-for- himself situation.'' Helmke is critical of 'Stand Your Ground'' laws that eliminate requirements that crime victims retreat before using deadly force to protect a car, home or business. The National Rifle Association says 22 states have Stand Your Ground laws, including Tennessee, where lawmakers extended the use of deadly force to citizens who are attacked in their cars. </p><a href="http://rs6.net/tn.jsp?e=00144ai5H7ur4H7oYGVa93SjUNZ5ndiC5Vbzx6lamRW1kE5HoUMCsxp2iK08PI3mFK7uk9cjLHMpZBnKkMJXUGp4vYgNHqL8dIHgI_Gjym93JJ8-N3u9odwzV3Vp2knCpRHvv4Aq3v_tJAeDNhydIWd0CBKn62eOSUnIt4si-7PfvZonSKw-2A3o95QxhUxunjD" shape="rect" color="#0000FF" target="_blank">Memphis Commercial Appeal</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">NYC Police Killing Of Man Who Wielded Chair Called Justified <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>A church custodian saw a man alone in a parking lot, swinging a folding chair like an ax, bringing it down toward the windshield of a parked van and stopping, an inch from the glass, says the New York Times. Police were called, and the man swung the chair at Officer Dawn Ortiz, who shot and killed him. The police said the Nov. 13 shooting of day laborer Gilberto Blanco appeared to be justified. because the officer was at risk of being killed or seriously hurt with the chair. 'as there an imminent threat to life or serious injury?" asked police spokesman Paul Browne. 'That is the defining statement.' <p>Results of an internal police probe may never be made public. The outcome: A man with no known criminal record and an otherwise invisible life as an immigrant worker is dead, at 46. The officer has been sidelined with administrative duties. </p><a href="http://rs6.net/tn.jsp?e=00144ai5H7ur4H8g3GNIbBqWxTP6-7L4d8mFJfhPwQF5F3rsZFHeoqDCqBLmQg0YWe5mb9GAf2hNX-9tuHEg21CVANswvB-qAC6BiYsM0Wfw-lGe4gJWCN68EJdSi-YEL4yu2q1xkWSb2AdyPxrCa-nyPt3gSez3DVUXbA3lms7LTQ=" shape="rect" color="#0000FF" target="_blank">New York Times</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">How Las Vegas Police "Saturation Teams" Attack Crime <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>The Las Vegas Metropolitan Police Department's saturation teams, or sat teams for short, believe in a proactive approach to policing, reports the Las Vegas Review-Journal: "Don't handle calls for service. Leave that to the regular patrol cops. Talk to as many citizens as possible to find out who the bad guys are. Get people off the street who don't belong, and maybe prevent a robbery or burglary, or worse, from happening.'The teams use whatever laws are at their disposal: jaywalking, riding a bicycle without reflectors, outstanding warrants. They work together, swarming "hot spots." <p>The newspaper describes how one 'sat' team plans its work. During the first week of one anticrime attack, the criminals were like 'der caught in the headlights," said one officer. The second week the criminals had caught on, and officers were constantly running suspects down on foot. Crime has dropped significantly in one area tackled by a saturation team. A commander stressed to his officers the importance of shaking the hands of residents and explaining to them what the team was doing in the area. That helped build bonds with those in the community. 't's old-school policing with professionalism,'he said. The team draws a few officers from each area command. The strategy has two advantages: it doesn't upset area command captains by sapping one area over another, and it draws officers from all over the valley. If one officer doesn't know the streets in an area, chances are someone else does. </p><a href="http://rs6.net/tn.jsp?e=00144ai5H7ur4HaCG4ezzGaKl3GRn7HToBCL9aVzq_TABJ-anmCpsIEVmAstULpkdb8k_9l_69NJ5EfwIEDGTEGdfxr1xdqs-oO7Ep-xTN3suQbYUki7tFC-Ea9wN-EPpcnEQp8ugRuYmk=" shape="rect" color="#0000FF" target="_blank">Las Vegas Review-Journal</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">Bratton Persuades L.A. To Expand Police Force Despite Economy <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>Shrinking budgets are forcing cities like Phoenix, Portland, Or., and San Diego to cut their police forces but Los Angeles Police Chief William Bratton has grown his department with a persuasive argument about the financial costs of crime, reports the Wall Street Journal. The city is adding 1,000 police officers, pushing its force levels in the Los Angeles Police Department to above 10,000 for the first time, even as the city faces a more than $400 million shortfall for this fiscal year and next. Bratton thinks of Los Angeles's crime reduction as money in the bank. 'he cost of a homicide to the city is $1 million,' he said, citing a National Institute of Justice study that takes into account such costs as criminal trials and police salaries. "We've reduced the homicide rate by nearly 300 in six years,'he said. 'That's a $300 million annual benefit to the city.' <p>Criminologist Richard Rosenfeld of the University of Missouri, St. Louis, says Bratton's numbers assume that policing is capable of controlling the entire crime situation in a city. Historically, Rosenfeld said, crime wanes during periods of economic growth and surges during economic downturns. Says Bratton: 'The irony is that as we go into this economic downturn, we're expanding, which is exactly what you need to do when the economy turns bad.' </p><a href="http://rs6.net/tn.jsp?e=00144ai5H7ur4Gh0E28CmFsaB6JhAGji2F0MNx99IxZ-BjVujkaRVNXXqtLBOvucj-mWDHMdr9HSMnS6mW-D1Am5-ViwoGUX7PWYHI4f0gtwH6aghwYo-b9jhpUz-tfg8zLAf51Miy_LzDxFPk7WfGwHorb7Q8b031s" shape="rect" color="#0000FF" target="_blank">Wall Street Journal</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">Milwaukee Police Dog-Shooting Case Goes To Jury Trial <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>Milwaukee police have shot more than 400 dogs in the line of duty in the last decade, says the Milwaukee Journal Sentinel. The 2004 death of a 7-year-old Labrador/springer spaniel mix named Bubba appears to be the first such case to go to a federal civil rights trial in Milwaukee, where it is set to begin before a jury this week. His owner, Virginia Viilo, sued the city and two officers, claiming her constitutional rights were violated when an officer fired shots into her already- injured dog. <p>Courts have held that unnecessarily killing a pet violates the owner's Fourth Amendment rights against unreasonable seizure. The city already has lost an appeal at the U.S. Court of Appeals for the Seventh Circuit. Viilo says Bubba was a playful dog who romped with neighborhood children and visited residents at the nursing home where she worked. Police say Bubba was a threat to them on the day they encountered the dog. They say he charged them, growling and baring his teeth. </p><a href="http://rs6.net/tn.jsp?e=00144ai5H7ur4FMGUcqV2gU17c8BJ7AgJheqDefCk0GacVOomt0CXvSUv9hGZfAN0WWhdcEF448NaML8T9rL3dRcW-xdGmdMz7s2Ec1N6fk_8AxMBcYxB61W_MU7zo3K8GEPDkLdBZ65-RogdBE7t_NYMnHuaYY0Yup" shape="rect" color="#0000FF" target="_blank">Milwaukee Journal Sentinel</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">Nebraska Murder Case Sets Record For 6 Exonerated By DNA <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>How could so many people admit in vivid detail to a horrendous crime that they didn't commit? A murder case from Beatrice, Ne., in which six people were wrongfully convicted in 1989 of the slaying of a 68-year- old woman is a new national record for the most people exonerated in one case by DNA evidence, says the Omaha World-Herald. Saul Kassin, a professor of psychology at the John Jay College of Criminal Justice in New York City, and law Prof. Richard Leo of the the University of San Francisco, said the Beatrice case had an unusual aspect: the role played during interrogations by a police psychologist who previously had served as private therapist to some of those being questioned. <p>About 25 percent of the cases where DNA evidence has led to exonerations involve false confessions. In the Beatrice 6 case, five of the defendants acknowledged their guilt, and at least four gave detailed statements about who was involved and why they would brutally attack and murder Helen Wilson. On Nov. 7, authorities announced that DNA from the case matched that of a now-deceased Oklahoma City man. The state is seeking pardons for five defendants and has declined to seek a new trial for the sixth. Kassin and Leo said safeguards against false confessions include requiring videotaping of police interviews in their entirety and making sure that confessions match facts known only to police. </p><a href="http://rs6.net/tn.jsp?e=00144ai5H7ur4FlemDW3eX2gCo5p4KhYyel-uVL6H1QJVKk3wJ-H6CbPuqmu-IaHPuELAMT3kuubcwwtFIn0FMfIsdKYnl_bB8a1RAGacaC4smFKGr7X63Rvndx-SLJ48OhbfuApfn9O9m3Mdf75_gMfduzNXdZ6AeXHEllQtybFCA=" shape="rect" color="#0000FF" target="_blank">Omaha World-Herald</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">OR Getting 1,600 More Nonviolent Inmates, Must Pay For Housing <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>In March, the Oregon Department of Corrections expects the first of what will become known as its 'Measure57 inmates.' The timing of their arrival could not be worse, reports The Oregonian. They will be expensive guests, and they will start showing up in the prison system just as state tax revenues are declining and agencies struggle to comply with an order to slash spending. Measure 57 was referred to voters by lawmakers under pressure to head off a more costly initiative on the ballot. <p>Overwhelmingly approved in November, the law will impose longer sentences for certain property and drug crimes. It mandates drug and alcohol treatment for inmates with moderate to severe addiction problems who are considered at medium to high risk of committing more crime. Officials estimate Measure 57 will bring an additional 1,600 nonviolent inmates about 2012 and after and hold them for longer periods of time. The measure, with an estimated five-year cost of $411 million, included no funding mechanism. Officials estimate Measure 57 will cost an extra $9 million before June 30 and $153 million in the 2009- 11 biennium. Because of Measure 57, the state must borrow $314 million between 2010 and 2017 to finance prison expansion and pay back that money plus $203 million in interest during the next 25 years. </p><a href="http://rs6.net/tn.jsp?e=00144ai5H7ur4ExQSWAy_rhnsgqKSR5d1iefyL27xEdDM8sj8QbJ7ahNoC9H2z-PU-_0hiITIwyz9A5uWHm5WavVraC6kJGq13txuxAnfKSkekHUESeHN8QhJBzuXAHN3hKjNxkJ1peoGtEo717yI00LH4ApkCOcpBYqQi02pKT9wHkgU3-PGDojv9-upZP547Fva3uKbbTgpk=" shape="rect" color="#0000FF" target="_blank">The Oregonian</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">Houston Called Top U.S. Source Of Guns Going To Mexico <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>Drug cartel gangsters waging a criminal insurgency against Mexican society are making the Houston area their marketplace of choice, as they spend millions of dollars statewide buying military-style weapons and ammunition, reports the Houston Chronicle. Gangsters have honed in on Houston because of its glut of gun shops, its proximity to the border, and its long-established networks for smuggling narcotics into the U.S., federal law-enforcement officials said. The surge in fraudulent purchases comes as more than 4,000 people have died in Mexico's criminal underworld violence this year. <p>Authorities point to many crimes, including the infamous 2007 Acapulco Massacre, to illustrate the carnage brought on by Houston-bought guns in the hands of ruthless killers. 'Our investigations show Houston is the top source for firearms going into Mexico, top source in the country,' said J. Dewey Webb, agent in charge of the Bureau of Alcohol Tobacco, Firearms and Explosives' Houston division. Mexican agents last month found 500,000 rounds of ammunition and 540 guns at a stash house near the border. Preliminary information indicates many of the guns came from the Houston area. "It is more weapons than you would need to supply an army,' Mexico Attorney General Eduardo Medina-Mora said. </p><a href="http://rs6.net/tn.jsp?e=00144ai5H7ur4EptPh3vowe2ur867OkZ5GkaLmSVRoqUxsQSC5a5OOBdNUkduEYTq0Pq6WVTaEfwcPCEgnd8-8QMbxt6-NHV8yFI4qCOQVtor8W14Omw4FJW3MToR1FEOCvHjxNMb0WWidXctytlJ4oHJfEWw67fdtgluDJdX2pQWA=" shape="rect" color="#0000FF" target="_blank">Houston Chronicle</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">St. Louis Newspaper Condemns "Worthless" City Crime Rankings <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>For several years, a publishing company has been peddling warmed-over FBI crime data assembled in book form and labeled "city crime ratings," complains the St. Louis Post-Dispatch in an editorial. Critics argue "that the listings amount to pseudo-scientific junk cynically packaged in the trappings of official law enforcement data to make a fast buck. They are right," says the newspaper. <p>The principal complaint is that there is no meaningful way to compare the incidence of crime from city to city, much less any meaningful way to make useful judgments about what city is more dangerous than another. Such "hucksterism" shouldn't be supressed, says the Post-Dispatch, citing the "constitutional right to cut, paste and publish FBI crime data into meaningless form and puff it up as if it were valuable.' The newspaper warns librarians who may want to purchase the new volume at $55 that 'all the data in the book are government statistics available online for free, and the way the book uses numbers renders them worthless.' </p><a href="http://rs6.net/tn.jsp?e=00144ai5H7ur4F2DkxqOtm11_LO5haf2QWORFN2QTQO9bpHVXYtwV6GdAW5vr4rhghmlTMDPfgNuG9OqJy74Gd_vqna7sBqGgkJNqpQtH7BQYRrzrIuqYjT0JD3wkbZT-1eWk8y2oNr8yZ-A7DLrdWzskGME-U0SjxV5zQLxbOfEoa6f1nfzIyyE_baYIA95UW5Npvtuii5sDqOQtDerMnmIF3Pd-ZBsrodLtBVEdZ2mxJs58lG96lOuE2IqpzLUt-V" shape="rect" color="#0000FF" target="_blank">St. Louis Post-Dispatch</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">Victim Impact Videos Likely To Appear In More Criminal Trials <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>Fueled by technology and the victims' rights movement, 'victim impact videos' are becoming staples in criminal trials, reports the Washington Post. Increasingly sophisticated multimedia presentations depict victims from cradle to grave, often with soft music in the background, tugging on the heartstrings of jurors. Defense lawyers say the videos are highly prejudicial and have sought to have them banned. The Supreme Court last month declined to hear challenges to two such videos, including one of Sara Weir, who was raped and murdered in 1993 at 19. The video contains more than 90 photos of Weir and is set to the haunting tones of Enya. <p>As a result of the court's decision, the use of such videos will probably accelerate in coming years. 'The publicity from the Supreme Court cases is going to make more victims and prosecutors aware of the possibility of technology-aided victim impact statements," said Margaret Garvin of the National Crime Victim Law Institute. Prosecutors defend the videos, which are presented as part of "victim impact evidence' in death penalty and non-capital homicides and are usually put together by families. "You're talking about 20 minutes that actually lets the jury see these people walking and breathing and moving," said Matt Murphy, an Orange County, Ca., prosecutor. 'I can see why these videos drive defense lawyers crazy because they actually balance things out.' </p><a href="http://rs6.net/tn.jsp?e=00144ai5H7ur4HB4OgIGCdZgEZwNMVvcIMYEB7lPdHQjzZjXISPzn1nIR7wyD0HNYSamRoGaqJkhL3Xvc9Z0PfleEcAhEgCptMqIkWtvxtL0SlMkqdSk3pqO7OKK1pcRikOiwOdbWmvRWHTAy9GmLzot0hBkwP04X0EYThhT_p3nQh3PjzZZzIgIISDNv7l8KlduBX6RNxmmhW_MRTW-eeaSg==" shape="rect" color="#0000FF" target="_blank">Washington Post</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">Will More Criminal Cases Be Filed Over Web "Terms Of Service? <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>Will the arcane 'terms of service' on Web sites be the basis for more criminal prosecutions? That's what experts are asking after last week's conviction of Missourian Lori Drew for violating rules of the social networking site MySpace in a case that led to a suicide. <p>The St. Louis Post-Dispatch says that legal experts advise against agreeing to any contract without first reading it, and the same legal experts also admit that they don't spend much time poring over 'terms of service' agreements. Drew lawyer H. Dean Steward is trying to dismiss the case, arguing that prosecutors in Los Angeles over-reached and that Drew could only be prosecuted if she both read MySpace's terms and knowingly and intentionally violated them. Internet experts have expressed concern that the case, if successful, could have a chilling effect on a medium where anonymity is part of the landscape. But it also may prompt some people to give a little more thought before clicking "Yes." </p><a href="http://rs6.net/tn.jsp?e=00144ai5H7ur4EVXqVITJjZTKuqL-7i9-lHElWLYMoH8mp0Pq5mlDxRO9ovL96vzGykVoSk42qjkIk0CZOr3Xwn2SaqW-x8M_Yr4CZBUpYYpgwmxx3Pk7Un3j_hckwJvaOQtjxGxSVoUdGoRU29SY4CHvpsp9GejJE3F0R1NITJRjcOEwk6NSvt0eCxkXwOSHwo65i92i44_xtGFcBqb-AhsfV_7Ws25YGx-xKvg9zmVJoiFSL-3drZCyysKWsuZum4" shape="rect" color="#0000FF" target="_blank">St. Louis Post-Dispatch</a> "</font></td></tr></tbody></table>

Full post as published by New York Supreme Court Criminal Term Library on December 01, 2008 (boomark / email).