Tuesday
Episodes 13, 14 and 15...
For those of you wanting to know how RTB turns out, you can find the last three episodes onlinehere.
This from Simple Justice
Hat tip to Simple Justice who had this nice post on the recent decision in People v. Radcliffe More on this soon...
Wednesday
Britain to Tax Banker Bonuses
I love the way they're doing this. We won't of course, but we should--a windfall profits tax is perfectly appropriate here. At least as long as we're not going to just chuck the whole system and adopt an APT tax which is what we should do.
Tuesday
Thinking about time...
In the wake of yesterday's news that RTB had been cancelled, I found myself thinking a lot about the whole arc of my life, (leaving The Bronx Defenders, writing Indefensible, going back and forth to Hollywood etc) and more specifically about time and doing time. It turns out there's a handy website that calculates the number of days between dates, allowing me to easily determine that there were 1,259 days from the day I got a phone call from Steven Bochco and we agreed to do a show, until its cancellation two seasons later. In the spirit of idiotic RENT songs, the website also informs me that: 3 years, 5 months and 10 days also converts to:
108,777,600 seconds
1,812,960 minutes
30,216 hours
179 weeks (rounded down)
But put another way, it's almost exactly a four year prison sentence with good time, or what the feds would describe as a 48 month guideline sentence.
I am sad to see the show fall by the wayside. There was so much more I thought the show had to say, and I really felt we continued to improve from a story and character standpoint. I suppose I was even naive enough to think that a third season would have offered us a critical reappraisal. But, as a friend of mine use to say, "at least no one calls me "old peg leg".
108,777,600 seconds
1,812,960 minutes
30,216 hours
179 weeks (rounded down)
But put another way, it's almost exactly a four year prison sentence with good time, or what the feds would describe as a 48 month guideline sentence.
I am sad to see the show fall by the wayside. There was so much more I thought the show had to say, and I really felt we continued to improve from a story and character standpoint. I suppose I was even naive enough to think that a third season would have offered us a critical reappraisal. But, as a friend of mine use to say, "at least no one calls me "old peg leg".
Monday
The gutsiest move by a politician in a long time
Gov. Ted Strickland grants clemency to 78 people and why? Rehabilitation! And not just your drug guys doing 100 years for possession either, he actually released people convicted of murder, and other serious crimes. Bravo Governor. I'm sending you a donation today, and I urge other readers to do the same or to at least write and express your approval:
You can do that HERE
You can do that HERE
Friday
Justice à Manhattan
I love the french Here's the awesome plot summary of one of my RTB episodes:
Jerry et Richard se battent pour des clients victimes de verdicts injustes. Richard doit affronter le juge Kessler, qui est davantage préoccupé par un rencard surprise que par le procès... Pendant ce temps, Bobbi lutte pour régler une situation bouleversante impliquant son ex-mari.
C'est bien.
Jerry et Richard se battent pour des clients victimes de verdicts injustes. Richard doit affronter le juge Kessler, qui est davantage préoccupé par un rencard surprise que par le procès... Pendant ce temps, Bobbi lutte pour régler une situation bouleversante impliquant son ex-mari.
C'est bien.
Court officer steals documents from the defense file on videotape!
Now he has to apologize or go to jail.
Judge Donahoe held Deputy Adam Stoddard in contempt for the Oct. 19 incident in which he could be seen on a courtroom security video sneaking up behind attorney Joanne Cuccia in the middle of a hearing and taking a document from her file.
During several days of testimony following the incident, Stoddard said he happened to have glanced at the file and saw the words “going to,” “steal” and “money” grouped together in a sentence. It made him think a crime was taking place and gave him the authority to pull the document, he said.
But Donahoe rejected that story, saying there’s no way “a reasonable detention officer” would have thought a crime was taking place based on what he saw.
“There was no immediate or future security threat that would have justified a reasonable detention officer in DO Stoddard’s situation removing, seizing and coping a document from a defense attorney’s file,” Donahoe wrote in his ruling, which was made public today. “A reasonable detention officer would have recognized after spending approximately 37 seconds reading the paragraph in question, that the ‘key words’ had nothing to do with an immediate or future security threat to the jail or anyone else.”
Here's the video!
Alexander Cockburn quotes me...
how cool is this?!
"They will offer these and scores of other persuasive arguments, and it is impossible to imagine they will prevail. As David Feige, a public defender in the Bronx, presaged in a smart piece on the Slate site, these efforts by the defense team will fail and produce bad law."
"They will offer these and scores of other persuasive arguments, and it is impossible to imagine they will prevail. As David Feige, a public defender in the Bronx, presaged in a smart piece on the Slate site, these efforts by the defense team will fail and produce bad law."
Thursday
Wednesday
Monday
Fernando Bermudez Declared Innocent of Murder
It's about time.
Congratulations to former colleague Michael Risinger and his wife who represented Fernando and were instrumental in his exoneration.
Congratulations to former colleague Michael Risinger and his wife who represented Fernando and were instrumental in his exoneration.
Friday
Someone knows how to spell schadenfreude
OOPS!:
A man blamed a low-flying pelican and a dropped cell phone for his veering his million-dollar sports car off a road and into a salt marsh near Galveston. The accident happened about 3 p.m. Wednesday on the frontage road of Interstate 45 northbound in La Marque, about 35 miles southeast of Houston.
The Lufkin, Texas, man told of driving his luxury, French-built Bugatti Veyron when the bird distracted him, said La Marque police Lt. Greg Gilchrist. The motorist dropped his cell phone, reached to pick it up and veered off the road and into the salt marsh. The car was half-submerged in the brine about 20 feet from the road when police arrived."
Thursday
Tuesday
Republicans and Democrats like us...
Ok, dear readers, I'd love your analysis of this one:
Want to grab a Republican and not in the usual TV places? Try "Wipeout" on ABC. A Democrat? How about TNT's "Saving Grace"?
In July, TiVo used Power||WatchTM ratings service -- one that surveys its DVR users -- to examine party affiliations concerning TV programming. It didn't just measure the seemingly obvious TV news show category, but monitored general entertainment programming, as well.
The highest-rated show for those who identify themselves as Republicans was Discovery Channel's "Deadliest Catch," a show about real-life lobster fishermen in the rough and cold waters of Alaska. The show grabbed a 4.9 rating among Republican viewers, with an index of 130.2, which equates to some 30% over the average.
The second-best show was ABC's special "J.K. Rowling: A Year in the Life," which took in a 3.8 Republican rating and a 125.2 index. ABC's "Wipeout," the reality athletic competition show, was in third with a 6.6 rating and a 116.2 index.
For those identified as Democrats, the best-rated show was TNT's "Saving Grace," a drama about an Oklahoma City detective who deals with crime and her guardian angel. It scored a 5.3 rating among Democrats and a 153.6 index -- the highest index for either party affiliation.
Almost as high for the Democrats was Bravo's "Kathy Griffin: My Life on the D-List," which took in a 6.4 rating and a 151.2 index. "The Closer," another TNT show, was in third place with a 9.6 rating and a 138 index. The best-rated broadcast network show was NBC's "The Philanthropist," with a 5.8 rating and a 137.2 index.
Where did Democrats and Republicans meet? TNT's "Raising The Bar," about young public defender lawyers and young DAs in New York City, which scored well on both lists. For Republicans, this pulled in a 4.2 rating and a 112.9 index; for Democrats, the show earned a 4.8 rating and a 128.8 index.
Among TV news shows, Republicans and Democrats split along party lines, according to what critics believe are their affiliations. Eight of the top 10 shows for Republicans were on the Fox News Channel, while eight of the top 10 show shows for Democrats were either MSNBC or CNN.
So: Is this a good metric of the Political Engagement of Viewers? If so, is there a correlation between political engagement and purchasing?
Hmmm.....
Want to grab a Republican and not in the usual TV places? Try "Wipeout" on ABC. A Democrat? How about TNT's "Saving Grace"?
In July, TiVo used Power||WatchTM ratings service -- one that surveys its DVR users -- to examine party affiliations concerning TV programming. It didn't just measure the seemingly obvious TV news show category, but monitored general entertainment programming, as well.
The highest-rated show for those who identify themselves as Republicans was Discovery Channel's "Deadliest Catch," a show about real-life lobster fishermen in the rough and cold waters of Alaska. The show grabbed a 4.9 rating among Republican viewers, with an index of 130.2, which equates to some 30% over the average.
The second-best show was ABC's special "J.K. Rowling: A Year in the Life," which took in a 3.8 Republican rating and a 125.2 index. ABC's "Wipeout," the reality athletic competition show, was in third with a 6.6 rating and a 116.2 index.
For those identified as Democrats, the best-rated show was TNT's "Saving Grace," a drama about an Oklahoma City detective who deals with crime and her guardian angel. It scored a 5.3 rating among Democrats and a 153.6 index -- the highest index for either party affiliation.
Almost as high for the Democrats was Bravo's "Kathy Griffin: My Life on the D-List," which took in a 6.4 rating and a 151.2 index. "The Closer," another TNT show, was in third place with a 9.6 rating and a 138 index. The best-rated broadcast network show was NBC's "The Philanthropist," with a 5.8 rating and a 137.2 index.
Where did Democrats and Republicans meet? TNT's "Raising The Bar," about young public defender lawyers and young DAs in New York City, which scored well on both lists. For Republicans, this pulled in a 4.2 rating and a 112.9 index; for Democrats, the show earned a 4.8 rating and a 128.8 index.
Among TV news shows, Republicans and Democrats split along party lines, according to what critics believe are their affiliations. Eight of the top 10 shows for Republicans were on the Fox News Channel, while eight of the top 10 show shows for Democrats were either MSNBC or CNN.
So: Is this a good metric of the Political Engagement of Viewers? If so, is there a correlation between political engagement and purchasing?
Hmmm.....
Sunday
Tuesday
Just once and for all, can we get this straight?
Ok, I'm sick and tired of hearing about how you can't release pedophiles and rapists because they all re-offend.
Let's once and for all understand what our ownBureau of Justice Statistics says:
THESE ARE THE MOST RECENT LONG-TERM STUDY NUMBERS:
Of the 272,111 persons released from prisons in 15 States in 1994, an estimated 67.5% were rearrested for a felony or serious misdemeanor within 3 years, 46.9% were reconvicted, and 25.4% resentenced to prison for a new crime.
Within 3 years of release, 2.5% of released rapists were rearrested for another rape, and 1.2% of those who had served time for homicide were arrested for a new homicide.
Sex offenders were less likely than non-sex offenders to be rearrested for any offense –– 43 percent of sex offenders versus 68 percent of non-sex offenders.
Sex offenders were about four times more likely than non-sex offenders to be arrested for another sex crime after their discharge from prison –– 5.3 percent of sex offenders versus 1.3 percent of non-sex offenders.
On a given day in 1994 there were approximately 234,000 offenders convicted of rape or sexual assault under the care, custody, or control of corrections agencies; nearly 60% of these sex offenders are under conditional supervision in the community.
Of the 9,691 male sex offenders released from prisons in 15 States in 1994, 5.3% were rearrested for a new sex crime within 3 years of release.
Approximately 4,300 child molesters were released from prisons in 15 States in 1994. An estimated 3.3% of these 4,300 were rearrested for another sex crime against a child within 3 years of release from prison.
JUST TO BE CLEAR:
Released prisoners with the HIGHEST rearrest rates were robbers (70.2%), burglars (74.0%), larcenists (74.6%), motor vehicle thieves (78.8%), those in prison for possessing or selling stolen property (77.4%), and those in prison for possessing, using, or selling illegal weapons (70.2%).
Released prisoners with the LOWEST rearrest rates were those in prison for homicide (40.7%), rape (46.0%), other sexual assault (41.4%), and driving under the influence (51.5%).
Within 3 years, 2.5% of released rapists were arrested for another rape, and 1.2% of those who had served time for homicide were arrested for homicide.
Ok, can we all please stop echoing the bullshit now?
Let's once and for all understand what our ownBureau of Justice Statistics says:
THESE ARE THE MOST RECENT LONG-TERM STUDY NUMBERS:
Of the 272,111 persons released from prisons in 15 States in 1994, an estimated 67.5% were rearrested for a felony or serious misdemeanor within 3 years, 46.9% were reconvicted, and 25.4% resentenced to prison for a new crime.
Within 3 years of release, 2.5% of released rapists were rearrested for another rape, and 1.2% of those who had served time for homicide were arrested for a new homicide.
Sex offenders were less likely than non-sex offenders to be rearrested for any offense –– 43 percent of sex offenders versus 68 percent of non-sex offenders.
Sex offenders were about four times more likely than non-sex offenders to be arrested for another sex crime after their discharge from prison –– 5.3 percent of sex offenders versus 1.3 percent of non-sex offenders.
On a given day in 1994 there were approximately 234,000 offenders convicted of rape or sexual assault under the care, custody, or control of corrections agencies; nearly 60% of these sex offenders are under conditional supervision in the community.
Of the 9,691 male sex offenders released from prisons in 15 States in 1994, 5.3% were rearrested for a new sex crime within 3 years of release.
Approximately 4,300 child molesters were released from prisons in 15 States in 1994. An estimated 3.3% of these 4,300 were rearrested for another sex crime against a child within 3 years of release from prison.
JUST TO BE CLEAR:
Released prisoners with the HIGHEST rearrest rates were robbers (70.2%), burglars (74.0%), larcenists (74.6%), motor vehicle thieves (78.8%), those in prison for possessing or selling stolen property (77.4%), and those in prison for possessing, using, or selling illegal weapons (70.2%).
Released prisoners with the LOWEST rearrest rates were those in prison for homicide (40.7%), rape (46.0%), other sexual assault (41.4%), and driving under the influence (51.5%).
Within 3 years, 2.5% of released rapists were arrested for another rape, and 1.2% of those who had served time for homicide were arrested for homicide.
Ok, can we all please stop echoing the bullshit now?
Saturday
Friday
Unhappy Ashcroft...
A federal appeals court has ruled that former Attorney General John Ashcroft may be held liable for people who were wrongfully detained as material witnesses after the Sept. 11 terrorist attacks.
In a harshly worded ruling handed down Friday, a three-judge panel of the 9th U.S. Circuit Court of Appeals called the government's use of material witnesses after Sept. 11 ''repugnant to the Constitution and a painful reminder of some of the most ignominious chapters of our national history.''Sweet.
In a harshly worded ruling handed down Friday, a three-judge panel of the 9th U.S. Circuit Court of Appeals called the government's use of material witnesses after Sept. 11 ''repugnant to the Constitution and a painful reminder of some of the most ignominious chapters of our national history.''Sweet.
Wednesday
Teddy Kennedy: May he rest in peace
A real loss.: "He was a Rabelaisian figure in the Senate and in life, instantly recognizable by his shock of white hair, his florid, oversize face, his booming Boston brogue, his powerful but pained stride. He was a celebrity, sometimes a self-parody, a hearty friend, an implacable foe, a man of large faith and large flaws, a melancholy character who persevered, drank deeply and sang loudly. He was a Kennedy."
Monday
It's only taken eight years...
But finally there's a little more progress on double blind sequential line-ups. Turns out, Dallas has adopted what they term a pioneering new photo lineup approach, and only 8 years after I filed the first motion on this in People v. Franco.
Better late than never.
D.
Better late than never.
D.
Wednesday
6 months in jail for yawning -
THanks to O for this one:
JOLIET, Ill. – Drowsy spectators in one suburban Chicago courtroom might want to stifle their yawns from now on. Clifton Williams, 33, of Richton Park, is facing six months in jail for making what court documents call a yawn-like sound in Will County Judge Daniel Rozak's court last month. The yawn happened as Williams' cousin, Jason Mayfield, was being sentenced for a drug charge on July 23. Rozak found Williams in contempt of court and sentenced him to six months in jail. However, Rozak could free Williams after a status hearing Thursday, if Williams apologizes and the judge accepts. By then, Williams will have served 21 days.
Witnesses disagree about whether Williams' yawn was out of line.
Charles Pelkie, spokesman for the Will County state's attorney's office, said the prosecutor in the courtroom at the time told him that what came out of Williams' mouth could hardly be called a "yawn." "This was a very loud, boisterous, deliberate attempt on the part of this individual to disrupt the proceedings and show disrespect to the court," Pelkie said. "It was not a guy who involuntarily yawned. This guy was making a statement — a very loud statement — in court."
Mayfield disagreed, saying it was "not an outrageous yawn." Williams has written his family to say that he can't believe he's in jail "for nothing." A message left for Rozak Tuesday was not immediately returned.
Six months is the maximum sentence judges can give for criminal contempt without a jury trial.
JOLIET, Ill. – Drowsy spectators in one suburban Chicago courtroom might want to stifle their yawns from now on. Clifton Williams, 33, of Richton Park, is facing six months in jail for making what court documents call a yawn-like sound in Will County Judge Daniel Rozak's court last month. The yawn happened as Williams' cousin, Jason Mayfield, was being sentenced for a drug charge on July 23. Rozak found Williams in contempt of court and sentenced him to six months in jail. However, Rozak could free Williams after a status hearing Thursday, if Williams apologizes and the judge accepts. By then, Williams will have served 21 days.
Witnesses disagree about whether Williams' yawn was out of line.
Charles Pelkie, spokesman for the Will County state's attorney's office, said the prosecutor in the courtroom at the time told him that what came out of Williams' mouth could hardly be called a "yawn." "This was a very loud, boisterous, deliberate attempt on the part of this individual to disrupt the proceedings and show disrespect to the court," Pelkie said. "It was not a guy who involuntarily yawned. This guy was making a statement — a very loud statement — in court."
Mayfield disagreed, saying it was "not an outrageous yawn." Williams has written his family to say that he can't believe he's in jail "for nothing." A message left for Rozak Tuesday was not immediately returned.
Six months is the maximum sentence judges can give for criminal contempt without a jury trial.
Monday
If poverty tends to criminalize people, it is also true that criminalization inexorably impoverishes them.
If you read one thing today, let it be this perfect Times Op-Ed called Is It Now a Crime to Be Poor?
In it, the incomparable BARBARA EHRENREICH observes:
""The viciousness of the official animus toward the indigent can be breathtaking. A few years ago, a group called Food Not Bombs started handing out free vegan food to hungry people in public parks around the nation. A number of cities, led by Las Vegas, passed ordinances forbidding the sharing of food with the indigent in public places, and several members of the group were arrested. A federal judge just overturned the anti-sharing law in Orlando, Fla., but the city is appealing. And now Middletown, Conn., is cracking down on food sharing."
In it, the incomparable BARBARA EHRENREICH observes:
""The viciousness of the official animus toward the indigent can be breathtaking. A few years ago, a group called Food Not Bombs started handing out free vegan food to hungry people in public parks around the nation. A number of cities, led by Las Vegas, passed ordinances forbidding the sharing of food with the indigent in public places, and several members of the group were arrested. A federal judge just overturned the anti-sharing law in Orlando, Fla., but the city is appealing. And now Middletown, Conn., is cracking down on food sharing."
Thursday
40,000 to be released in CA
What a perfect synopsis:
The massive 750% increase in the California prison population since the mid-1970s is the result of political decisions made over three decades, including the shift to inflexible determinate sentencing and the passage of harsh mandatory minimum and three-strikes laws, as well as the state’s counterproductive parole system. Unfortunately, as California’s prison population has grown, California’s political decision-makers have failed to provide the resources and facilities required to meet the additional need for space and for other necessities of prison existence. Likewise, although state-appointed experts have repeatedly provided numerous methods by which the state could safely reduce its prison population, their recommendations have been ignored, underfunded, or postponed indefinitely. The convergence of tough-on-crime policies and an unwillingness to expend the necessary funds to support the population growth has brought California’s prisons to the breaking point. The state of emergency declared by Governor Schwarzenegger almost three years ago continues to this day, California’s prisons remain severely overcrowded, and inmates in the California prison system continue to languish without constitutionally adequate medical and mental health care.
The massive 750% increase in the California prison population since the mid-1970s is the result of political decisions made over three decades, including the shift to inflexible determinate sentencing and the passage of harsh mandatory minimum and three-strikes laws, as well as the state’s counterproductive parole system. Unfortunately, as California’s prison population has grown, California’s political decision-makers have failed to provide the resources and facilities required to meet the additional need for space and for other necessities of prison existence. Likewise, although state-appointed experts have repeatedly provided numerous methods by which the state could safely reduce its prison population, their recommendations have been ignored, underfunded, or postponed indefinitely. The convergence of tough-on-crime policies and an unwillingness to expend the necessary funds to support the population growth has brought California’s prisons to the breaking point. The state of emergency declared by Governor Schwarzenegger almost three years ago continues to this day, California’s prisons remain severely overcrowded, and inmates in the California prison system continue to languish without constitutionally adequate medical and mental health care.
Friday
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my controversial book about a day in my life as Public Defender in the South Bronx is finally available for Kindle and Ipad.
