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Judge orders mom charged in kid's death released
Criminal Law Updates | 2008/10/30 17:10
A woman accused with her husband of giving their 4-year-old daughter a fatal overdose of prescription drugs will be released from jail as she awaits trial, a judge ruled Thursday.

Judge Charles Hely said Carolyn Riley should be released on her own recognizance once she proves she has a place to live because she has been held without bail for 20 months.

The trial has been tentatively scheduled for Jan. 22, but could be postponed as the state Appeals Court considers prosecutors' appeal of a decision reducing the charge against the Rileys from first- to second-degree murder in the death of their daughter, Rebecca.

The girl was found dead on her parents' bedroom floor on Dec. 13, 2006.

A state medical examiner determined Rebecca died of a lethal combination of prescription drugs for bipolar disorder and attention deficit hyperactivity disorder, for which she and two older siblings were being treated.



Wis. court: Cops illegally taped nursing home sex
Criminal Law Updates | 2008/09/12 10:37
Police who videotaped a man having sex with his comatose wife in her nursing home room violated his constitutional rights, an appeals court ruled Thursday.

David W. Johnson, 59, had an expectation to privacy when he visited his wife, a stroke victim, at Divine Savior Nursing Home in Portage, the District 4 Court of Appeals ruled. Therefore, police violated his Fourth Amendment rights against unreasonable searches when they installed a hidden video camera in the room, the court said.

"We are satisfied that Johnson's expectation of privacy while visiting his wife in her nursing home room is one that society would recognize as reasonable," the unanimous three-judge panel wrote.

The ruling means prosecutors cannot introduce the videotapes as evidence in their case against Johnson, who is charged with felony sexual assault for having intercourse with his wife without her consent at least three times in 2005.

Johnson's attorney, Christopher Kelly, said his client would visit his now 54-year-old wife every day, reading her the Bible and moving her arms and legs so her muscles wouldn't atrophy.

The woman's sister is upset that prosecutors brought charges against him, Kelly said. "She believes her sister's husband was merely expressing his love for his wife and was trying everything he could to bring her back to consciousness," Kelly said.

The couple married in 1988 and had no children, Kelly said.

Kelly said he believed prosecutors would be forced to drop the charges without the evidence on the tapes and thought the appeals court made "a pretty obvious call."

Johnson's wife was admitted to the nursing home after suffering a stroke. Court records say she was unable to speak or sit up, and nursing home staff members fed, cleaned and turned her. Prosecutors say she was comatose.

Johnson visited her frequently and sometimes would close the door to her room so they could have privacy as allowed by the nursing home. But staff members tipped off police, fearing she was in danger because, they suspected, he was having sex with her.

Police obtained a search warrant to videotape the room and installed the camera, which ran for three weeks. Johnson, who is free on bail, was charged based on that evidence.



Jury selection resumes in O.J. Simpson trial
Criminal Law Updates | 2008/09/11 10:26
The judge in the O.J. Simpson armed robbery trial allowed jury selection to proceed Wednesday after looking into a report by two prospective jurors that they were contacted by somebody identifying himself as a member of the media.

Clark County District Court Judge Jackie Glass said she was confident neither person has been influenced by the contact.

It was unclear if the person actually represented a media outlet. Court officials were reviewing videotapes from the courthouse in an attempt to identify the man who contacted the two people after court adjourned Tuesday.

Court information officer Michael Sommermeyer said any media contact with jurors would be a violation of a court order and punishable with a contempt of court finding or confiscation of press credentials.

"The court and the judge are attempting to do everything in their power to empanel a jury that's as unbiased as humanly possible and not tainted by any outside influence," Sommermeyer said.

He said the two people refused to be interviewed and reported the alleged contact to the judge on Wednesday morning.

Prosecutors and defense lawyers are vying for an edge as they try to shape a jury that will decide whether Simpson and a buddy robbed two sports memorabilia dealers at gunpoint in a casino hotel room a year ago.

Twenty people have been dismissed after two days of questioning. No jurors have been seated. Twelve people have advanced through personal questioning by both sides to remain in consideration.



Sentencing begins in Clemson student strangling
Criminal Law Updates | 2008/09/09 09:16
A convicted sex offender facing execution for raping and strangling a Clemson University student feels so guilty for his crimes that life in prison would be harder on him, his lawyer argued in a South Carolina court on Monday.

Jerry Buck Inman, 37, of Tennessee, pleaded guilty last month to murdering 20-year-old engineering student Tiffany Marie Souers in May 2006 in her apartment about three miles from the South Carolina college's campus. A judge will decide whether Inman is executed or sentenced to life in prison.

"He is filled with guilt and shame," Inman's attorney Jim Bannister said. "That eats him from the inside out on a daily basis. ... It leads him to the conclusion that he is an animal and that he deserves to die."

But Bannister argued during the first day of the sentencing hearing that his client should not be executed. He said Inman "came into this world impaired to start with," living in a home where his father molested him and his mother suffered from mental illness.



Man shows up in Pa. court with loaded handgun
Criminal Law Updates | 2008/09/05 10:24
A central Pennsylvania man faces additional charges after showing up for a hearing on summary charges of public drunkenness and disorderly conduct with a loaded handgun.

A police officer found the weapon when the 22-year-old man arrived for a hearing Tuesday at District Judge Jonathan Grine's office in State College.

The man was arraigned on new charges including possession of a firearm in a court facility and taken to Centre County jail in lieu of $10,000 cash bail.

Court documents indicate the man's earlier actions led court staff members to believe he was armed. Police say he called asking if there was a locked box to store his gun, later entered the office and ran out, returned and checked the court calendar, then took pictures of signs saying weapons are prohibited.



Man faces charges for allegedly shooting near UCLA
Criminal Law Updates | 2008/09/03 09:49
A man has been charged with two felonies after police found him near the University of California at Los Angeles campus with five loaded semiautomatic pistols and thousands of rounds of ammunition.

Gene Bush, 52, was charged Tuesday with shooting at a traffic light and at a university building. No one was injured.

Police searched him, his van and a storage unit, finding weapons, ammunition and what police called an anti-government manifesto.

"Given the situation, with the amount of guns and ammunition involved, we thought it best that he remain in custody until we know the full story behind him," said UCLA police Sgt. Phil Baguiao. "We would consider him a danger to society given the circumstances."

Police said officers found Bush carrying the pistols — which were equipped with laser sights — and 400 bullets. They also found another 7,800 rounds of ammunition in his van and 3,000 more in his storage locker, police said.

A UCLA police news release said Bush appeared to have no criminal history and was living out of his van.

After his arrest Sunday, Bush made anti-government statements and told police to look in his nearby suitcase for "the secret," the release said. A Los Angeles police bomb squad found timers, paint thinner and other suspicious items inside, as well as his manifesto.

UCLA police spokeswoman Nancy Greenstein said police believe Bush was acting alone and didn't have a specific target. "He had writings and a lot of them seemed to be anti-government, talk about 9/11," she said.

It wasn't known if Bush had an attorney. He is scheduled to be arraigned Wednesday in Los Angeles Superior Court.



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