Supreme Court Considers Prosecutors Immunity

Today, the United States Supreme Court considered a case involving immunity from civil lawsuits against prosecutors who fabricated evidence. The case out of Iowa involves the conviction of 2 men for first degree murder in 1978 and sentenced to life in prison. Both men were released 25 years later after their convictions were thrown out. It turns out that prosecutors failed to reveal to anyone that they suspected another man had committed the murders and intentionally omitted his name from any police reports and failed to inform the defense attorneys that the suspect had failed a lie detector test. Both of the men filed civil lawsuits against the prosecutors claiming that the prosecutors coerced witnesses and created false evidence prior to the trial. However, prosecutors are immune from civil lawsuits based on their work at trial. The 2 men are suing the prosecutors for the work they did prior to the trial. The case involves whether the immunity of prosecutors stretches to work done before trial.

The court is expected to release its decision next year.

The case is Pottawattamie County v. McGhee, 08-1065.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Charges Dismissed Against Ticket Writing Cop

On February 23, 2009 we published a blog about John Haleas, a Chicago police officer charged with perjury, official misconduct and obstructing justice by lying on police reports regarding arrests for DUI cases. Cook County Circuit Court Judge James Obbish ruled that prosecutors improperly used statements given by Haleas to Internal Affairs investigators during an administrative investigation by the Chicago Police Department. There is a Supreme Court case specifically on point which prohibits prosecutors from using statements given in an administrative proceeding in a subsequent criminal proceeding. Haleas had no choice but to give the statements to the investigators in the internal affairs investigation. The prosecutor who had been working on the case testified that he was careful to keep the statements given in the administrative investigation and the criminal investigation separate but this was not able to be verified because the prosecutors office lost the file.

Haleas had been given awards for being the most prolific enforcer of DUI laws when he led the state in the number of arrests. According to prosecutors Haleas failed to perform field sobriety tests and lied in his police reports.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Expansion of Medical Marijuana Passes in Maine

Yesterday, Maine voters overwhelmingly approved a ballot measure expanding the medical marijuana laws in the State of Maine. The measure passed by a 59 to 41 percent margin. The measure would create dispensaries to disperse marijuana and increase the number of ailments eligible for a prescription. Most of Maine's newspaper editorial boards opposed the measure on the basis that the lack of oversight of the dispensaries would create problems for law enforcement. The passage of this measure bodes well for a measure that may be placed on the 2010 ballot which would decriminalize marijuana in Maine.

Maine becomes the fifth state to allow for dispensaries to distribute medical marijuana. In the recent months the federal government has announced that federal agents will stop raiding local marijuana dispensaries and distributors so long as state law allows for their existence and operation.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court Considers Lawyers Bad Advice

Today, the Supreme Court heard oral arguments on a very interesting case. In 2001 Jose Padilla plead guilty to drug charges in Kentucky. Padilla had lived in the United States for 40 years as a permanent resident. He asked his attorney if a plea of guilty to the drug charges would have any immigration consequences and was told that it wouldn't. Of course, Padilla's attorney was wrong and Padilla is now facing deportation. Padilla is claiming that the faulty advice by his attorney amounted to a violation of his Sixth Amendment right to effective assistance of counsel. Padilla is arguing that defendants need to be informed of the immigration consequences of a guilty plea since Congress has mandated that a conviction of certain crimes can lead to deportation. During oral arguments Justice Scalia expressed concern of opening a Pandora's box. Scalia wanted to know what the extent of the possible consequences could be. For instance, would the attorney have to advise the client that a plea of guilty could affect their client's right to own a gun, or to obtain financial aid, or affect their ability to have visitation of their children in a divorce proceeding. Justice Kennedy suggested that judges warn defendants that there may be collateral consequences to their guilty plea when they are being admonished at the time of the plea.

We will keep an eye out for the court's decision and pass it along to you.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Chicago Murder Rate Declining

The number of murders in Chicago are declining. The murder rate declined by 11 percent through the first nine months of 2009 compared to the same period last year. Through September of 2009, there were a total of 348 murders compared to 393 for the same period last year. Through September 15, 2009, the number of murders of youths between the ages of 6 and 18 declined by 14.5 percent compared to last year. Throughout the year, the figures being released by law enforcement officials have been showing a decline in the violent crime rate and the murder rate. The current numbers suggest that this is a sustained drop. This follows a 2008 that showed that the murder rate and the rate of violent crimes had been increasing. This was discussed in our post on January 16, 2009.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Motorist Beats Red Light Ticket

A Lake Zurich motorist took time to review the video of his alleged red light ticket violation and was able to win his case. The camera had been placed at the intersection of South Rand Road and Illinois Highway 22 by the Village of Lake Zurich. On August 1, 2009, Kevin Mahanay made a right turn at that corner without stopping and received a $100 ticket in the mail for disregarding the red light at that intersection. Instead of doing what most citizens do when they receive such a ticket in the mail, which is to just mail in a check for $100, Kevin Mahanay actually took time to go to the web link referred to in the ticket he received and watched the video of his alleged violation. It turns out that enough leaves had grown on a tree in front of the camera that the view of the traffic light was obscured. Kevin requested a hearing and the hearing officer threw out the ticket because the leaves had obscured the view of the traffic light and he couldn't determine what color the light was when Kevin made the turn. Since earlier this year, 3,191 red light tickets have been issued by this camera. About one third of the tickets involve the right turn. When the problem of the leaves obscuring the camera became known to the village, the camera was turned off. It was turned off about a month after Kevin Mahanay received his ticket. It's unknown how many people simply paid the ticket without reviewing the video. This case serves as an important lesson to all.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Video Disputes Officers DUI Arrest Report

An attorney representing several individuals suing a Chicago Police officer in Federal Court for what they claim were false DUI arrests has revealed a video which contradicts the officer's DUI report. The officer is Richard Fiorito. The camera was mounted inside Fiorito's squad car. On June 21, 2009, Fiorito pulled over Michael Vaughn for suspicion of drunk driving. Fiorito had Vaughn perform a field sobriety test. The video shows Vaughn walking in a straight line with his arms at his side. However, Fiorito's police report indicates that Vaughn couldn't keep his balance and raised his arms from his side more than six inches. In addition, the video shows Fiorito being very rude and mean to Vaughn who was cooperating with the officer. The attorney representing the individuals in the federal lawsuit claims that Fiorito made up DUI against his clients so he could rack up overtime when he appeared in court.

Part of the lawsuit alleges that Fiorito would harass gay and lesbian motorists. Fiorito has been with the Chicago Police since 1999.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.