Total Criminal Defense Blog

Though not exactly hardened criminals, several attendees of graduation at Fort Mill High School in Rock Hill, South Carolina, were marched away in shackles, as local police began cracking down on disruptive celebrations during the event.  That’s right, they were arrested for cheering when the names of the family members they came to support were announced.   A warning was given before the ceremony, though no intimation that those who violated the rule could be arrested.

The school requested that the police force be brought in to deal with what it deemed was excessive disruption in previous graduation ceremonies.  However, it seems that instead of hewing to their role as intimidating discouragers, the officers chose instead to arrest the offending parties.  Those arrested face up to 30 days in prison and a $1,000 fine on charges of disorderly conduct.

One of those arrested wanted to cheer because, according to him, “it was like a funeral in there.”

A recent decision by the U.S. Supreme Court upheld a criminal penalty imposed by a lower court concerning promotion of child pornography.  The ruling was specifically intended to clarify one provision of a 2003 law establishing criminal penalties for possession of child pornography; the new decision establishes penalties for promotion of the offensive material, even if one does not “possess” it in the legal sense.  The decision established a five-year mandatory prison sentence for those convicted of promoting child pornography.

One of the points of contention in the case was the nature of child pornography covered, which, in the interpretation made by the Supreme Court, could include adults portraying minors engaged in simulated intercourse in Hollywood movies such as Titanic or Traffic, or even pictures of nude children sent to grandparents of even descriptions of pictures that may be interpretable as pornographic.

Critics of the decision, which had been reversed by the 11th Circuit Court of Appeals prior to being taken on by the Supreme Court, believe that there is too much leeway in the definition established and that it could result in prosecutions of innocent activities.

Have you ever come across a law that left you wondering “what the heck were they thinking?” If not, then check out this article on some crazy laws. If so, give it a read anyways, as you’re sure to enjoy these antiquated and strange offerings:

• The Criminality of the Absurd: Outdated or Irrational Laws in the United States.

Did you know that the FBI has plans to invade the privacy of Americans by compiling “biometric” databases?

It has been reported that data including digital images of faces, fingerprints and palm prints are already being collected, however, there are plans to also gather data including iris patterns, face shapes, scars, speech patterns and even gaits.

The technology is not new. This biometric data is already being used at the Pentagon and and the Defense Department. Also, the Department of Homeland Security reportedly already uses iris scans during some airport security checks.

Read more about the FBI’s 10-year plan to compile these biometric databases in our criminal defense articles section.

Well, well, well. Barry Bonds, formerly of the San Franscico Giants, is facing charges of perjury and obstruction of justice for lying to a federal grand jury about his steroid use.

Some sources like Bonds’ case to Michael Vick’s, speculating that Vick’s recent 23-month sentence could be the beginning of a trend: many legal experts predicted a shorter jail stint for the former NFL star. Could Vick’s sentencing have been the beginning of a trend of taking criminal offenses committed by celebrities more seriously?

Both athletes hired teams of crackerjack criminal defense attorneys. Both got in legal trouble at high points in their careers. And, if Bonds’ trial goes anything like Vick’s, both will be held legally accountable for their actions, despite their superstar status.

A 21-year old student at Loyola MaryMount University in California has been arrested after posting online about shooting people on campus.

Police say that Carlos Huerta, a senior at the university, posted a message on an Internet message board that said that he intended to shoot as many people as he could on campus before being shot and killed by police.

Huerta was arrested for making criminal threats after investigators determined that his computer was used to post the threat on Juicycampus.com. They say that there is no indication that the threat was a serious one.

In Brooklyn, New York, United States Postal Service customers on Michael Olivio’s route have been getting shortchanged.

People who had been expecting mail, especially greeting card and most especially those with cash inside, were complaining to the post office that some of their mail was missing.

The complaints had been coming in since June, so U.S. Postal Inspection Service Special Agent Stephen Dolloff decided that it was something that warranted an investigation.  During September and then again last week Dolloff set up a sting operation using decoy greeting cards.

One of the cards contained cash and a concealed electronic transmitter.  The transmitter revealed that Olivio did not deliver the card, but instead kept it in his car.

When Olivio was arrested, more than 130 articles of undelivered mail were found in his car with the decoy.  He admitted that he had been taking the mail and lately had gotten away with as many as 35 per day.

Olivio was released from jail on his own recognizance.  It is not known at this time exactly how much cash he is accused of stealing or what charges he will face.

A man in Tennessee has been arrested and charged with aggravated child abuse and two counts of rape.  He is accused of forcing his two teenage daughters to wear electric shock dog collars and raping them.

And we thought Tasers were bad!

The man’s wife also faces charges because she knew that the girls were being forced to wear the shock collars and the alleged rapes but did nothing to stop it, nor did she report it to authorities.  She is charged with aggraveted child abuse and failure to report child abuse.

A 17 year old girl who was missing for two weeks has admitted that she lied about being abducted, and in fact just ran away with an older man.

Pheuk Kue, 37, a convicted sex offender, was arrested and had been in jail on $5,000 bond until the charges were dropped against him when the girl confessed.  Kue would have faced three years in prison if the girl had not come clean, and he had been convicted of the charge of false imprisonment.

Kue has previously served time in prison for having sexual contact with underage girls.

In Washington, two officers subdued a 6-foot-5-inch naked man with two pairs of handcuffs and at least three Taser shocks so that they could arrest him.

According to the police report, they were called to check out reports of a 23 year old man who had his pants down around his ankles and was screaming at the top of his lungs.  One witness at the scene said that the man was “stressing out” and had ripped off his clothing.

While at the scene speaking with the witness, the officer and an undercover detective heard people fighting inside a nearby house.  The police officer said that he suspected that the man inside the house was on PCP because two other people in the area had recently been arrested while on the drug.

When the officer decided that he was going to enter the house, the witness advised him that the man was around 315 pounds, and that he might need backup.  So, the officer and the detective entered the house and called for backup.

Inside, they found the nearly naked man with a “wild look” in his eyes.  The police report says that the man’s chest was heaving and that his arms were flailing.

Then the situation quickly escalated.  The man charged at the officers, so the officer fired his Taser at him without warning him.  The man fell to the floor but started to get up again, so he was shot with the Taser gun two or three more times.  He reportedly attempted to lick the Taser wires while saying things like “times five” and “make a movie”.

The officers got the man outside and covered him with a blanket as he began biting the ground and getting mouthfuls of grass and dirt.

After things were under control, the house was searched and drug paraphernalia was found.  There are also about $1,000 worth of damage done to the home.

The man was taken to the hospital, and then to jail, on suspicion of malicious mischief.

So, were police out of line in repeatedly Tasering this man?  Or was it a situation in which he was so out of control that it was reasonably necessary?

Obviously, I wasn’t there, so I’m not completely sure.  I’m also not really sure if “Taser first, ask questions later” is the best approach, but over and over in the news you see that is the approach police officers are taking.