Chicago Cop Sentenced to 11 Years

On November 22, 2008, we published a blog about the trial of former Chicago cop Mahmoud Shamah who was on trial for using his office to steal. There was testimony at the trial that Shamah and his partner would plant evidence on motorists when stops came up empty and would steal money from suspected drug dealers during traffic stops. His partner testified that it was easy to steal money from suspected drug dealers because they could not complain that their drug money had been stolen. On December 9, 2008 we informed our readers that Shamah was convicted of the charges. Shamah's partner, Richard Doroniuk, was sentenced to 11 years in prison today for his part in the crimes. During the sentencing hearing, federal district court judge Robert Gettleman stated that "in this city, it seems to me that we are bombarded by stories and cases and prosecutions of police misconduct," Gettleman went on to say that "it's been accelerating . . . it's very discouraging."

Shamah is scheduled to be sentenced on Thursday.

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 Puts Off Death Penalty Case

Yesterday the Supreme Court put off a controversial death penalty case with racial overtones until it reconvenes in the fall. Troy Davis has been in prison on death row for 18 years, convicted of murder, for the 1989 shooting death of a white policeman in Georgia. Davis has been denying his guilt from the beginning. Since his 1991 trial, 7 out of the 9 witnesses in his trial have either recanted or changed their testimony. There was no weapon found, no fingerprint evidence and no DNA evidence. One of the state's witnesses has since identified another man as the shooter. Davis has been granted several 11th hour stay of executions and has garnered international support for his cause. The European Union has opposed his execution, as has Pope Benedict XVI. There was no explanation for the court's decision yesterday. The decision means that no execution date will be set until the court reconvenes in the fall.

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 Adds Confrontation Clause Case

In it's final act of the term, the Supreme Court agreed to hear a case involving the Confrontation Clause of the 6th Amendment. The case is Briscoe v. Virginia. The question in that case is whether it is proper for the state to introduce a certificate of a forensic lab technician without being required to present the actual testimony of the lab technician? Does that violate the 6th Amendment? Virginia courts found there was no constitutional violation because the defendant is allowed to call the lab technician as a witness in their case. This grant of certiorari comes on the heals of the case of Melendez-Diaz v. Massachusetts decided last week by the Supreme Court. The decision to grant certiorari to this case was the last act of the term by the Supreme Court.

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.

Kent Resigns

Embattled Federal District Court Judge Samuel Kent issued his resignation on Thursday, effective at the end of June, 2009. Just last week, Judge Kent became the first sitting Federal Judge impeached by the House of Representatives in 20 years. Earlier this month Judge Kent submitted his letter of resignation to President Obama effective in one year. This would have allowed Judge Kent to continue to receive his salary and health insurance benefits. Judge Kent turned himself in to prison to begin serving his 33 month sentence just a couple of weeks ago. The United States Senate had begun to prepare for a trial after the Articles of Impeachment were delivered from the House.

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.

Schaumburg Dumps Red Light Cameras

The Village of Schaumburg is going against the national tide and will be getting rid of its red light cameras. Last fall, Schaumburg installed red-light cameras at the intersection of Woodfield Road and Meacham Road, close to Woodfield Mall. Within a couple of months, the cameras recorded 10,000 tickets, each resulting in a $100 ticket. Roughly 98% of those tickets were for motorists who failed to stop at the red light prior to making a right turn. The Village closed down the right turn camera out of concern that the intersection was designed in such a way as to give motorists the mistaken impression that they didn't have to stop prior to making the right turn. In addition, the Village became concerned that the tickets issued to Woodfield Mall customers was bad for business. Subsequently, the Village announced that it would be installing red light cameras at four other intersections in the village. Now comes word that after a thorough examination of the effectiveness of red light cameras, the Village of Schaumburg has decided to eliminate the red light cameras altogether. The police studied the top 10 intersections with the most accidents and found that only 15 out of 800 accidents were caused by traffic light violations. The vast majority of accidents were caused by excessive speed. The Village made the decision that harassing shoppers and citizens with red light camera tickets was not justified from a public safety standpoint.

Let's hear it for Schaumburg! Let's hope this starts a trend.

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 Rules In Crime Lab Case

Last week the United States Supreme Court ruled that defendants have a constitutional right to cross examine crime lab analysts who prepare lab reports on drug cases and other cases. Roughly 20 states give defendants the right to cross examine the analysts that prepare lab reports. Illinois is one of those states. However, about 30 states do not give defendants that right. Massachusetts did not give Luis Melendez-Diaz the right to cross examine and challenge the lab reports when he was convicted of possession of cocaine. Massachusetts courts rejected his plea to challenge the lab reports and he was turned down. On Thursday the Supreme Court ruled in his favor and found that he had a constitutional right to confront his accusers. The court ruled that Melendez had the right to question the lab analyst about testing methods, how the evidence was preserved and any other issues.

The case involved some unusual alliances. The majority consisted of Justices Scalia, Ginsberg, Souter, Stevens and Thomas. The dissent consisted of Kennedy, Roberts, Alito and Breyer.

The case is Melendez-Diaz v. Massachusetts, 07-591.

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 Rules Strip Search of Student Unconstitutional

On Thursday the United States Supreme Court ruled that the strip search of an Arizona grammar school student violated the student's Fourth Amendment rights and was unconstitutional. A classmate accused Savana Redding of giving her pills. The vice principal took Redding to his office and searched her backpack. When nothing was found in the backpack she was taken to the nurse's office where she was forced to move her bra to the side and stretch her underwear waistband exposing her breasts and pelvic area. No pills were ever found. Redding filed a lawsuit against the school officials and the school district. The trial judge dismissed the lawsuit. An appeals court agreed with the dismissal. But last July, a full panel of the 9th U.S. Circuit Court of Appeals found that the search was an invasion of her constitutional rights and found that the school administrators could be found individually liable for damages. In Thursday's decision, the Supreme Court agreed that the student's rights were violated but ruled that the school officials could not be held financially liable for damages. The Court returned the case to the lower courts to determine whether the school district could be held financially liable for damages.

The court ruled that the search of Redding's backpack was permissible. But when nothing was found, the officials went too far when they asked her to take off her clothes. Officials only need "reasonable suspicion," not probable cause to search a student. But the court found that the school officials found that the strip search of the student was "excessively intrusive."

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.

Attorney General Urges Changes In Cocaine Sentencing Guidelines

On Wednesday, Attorney General Eric Holder called for reform of the sentencing guidelines for crack cocaine. In an address before a symposium sponsored by the Congressional Black Caucus and Harvard Law School, Holder called for a thorough review of the Federal Sentencing Guidelines because of the "unwarranted" disparities between punishments for different forms of cocaine. Holder pointed out that the disparities in the way crack cocaine and powder cocaine are treated under the Federal Sentencing Guidelines erodes public trust and confidence in the justice system. In 2007 the U.S. Sentencing Commission voted to give retroactive effect to an earlier sentencing guideline amendment that reduced crack cocaine penalties. A study by the U.S. Sentencing Commission from April 2008 reports that over 3,000 defendants convicted of crack cocaine offenses have had their sentences reduced under this amendment. The final decision on whether to reduce a defendants sentence rests with the sentencing judge.

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.

Senate Begins Impeachment Process For Kent

On Wednesday the United States Senate officially began the impeachment process for imprisoned Federal Judge Samuel Kent when they accepted the articles of impeachment from the House of Representatives. Senate leaders have set up a bipartisan committee to prepare for the impeachment trial. Judge Kent, who recently began serving his 33 month federal prison sentence, is being impeached for alleged sexual harassment against his secretary and case manager, obstructing a judicial proceeding by making false statements and making false and misleading statement to federal agents during their investigation.

Kent is the first federal judge impeached in 20 years and only the thirteenth federal judge to ever be impeached.

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.

Federal Jury Awards Man $21 Million For Being Framed By Chicago Cop

A federal jury today awarded a Chicago man $21 million in damages after he claimed he was framed for a murder. Juan Johnson was convicted of murder in 1989. Johnson claimed that he was framed for the murder by Detective Reynaldo Guevara. Guevara has since retired. In 2004 Johnson's murder conviction was thrown out by the Court of Appeals. He was retried and found not guilty of the murder. At the retrial, a gang member testified that Detective Guevara had told him to point Johnson out of the lineup.

The trial lasted for two weeks. The $21 million dollar award is the largest of its kind involving the City of Chicago. Johnson was arrested last year by the FBI for allegedly selling drugs.

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 To Decide Federal Sex Offender Law

The Supreme Court today agreed to accept an appeal by the Obama administration of a court ruling striking down a federal law that permits sex offenders to be held in prison after they complete their prison sentences. The law that permits sex offenders to be held in prison after they finish their sentence is called the Adam Walsh Child Protection and Safety Act. It was signed into law in 2006 by then president George Bush. The law provides that if prosecutors are able to prove that someone is suffering from a serious mental illness, abnormality or disorder and would have difficulty in refraining from sexually violent conduct or child molestation, they could be confined in prison indefinitely. The U.S. Court of Appeals in Virginia struck down the law because it exceeded the limits of congressional authority and intruded on the police powers reserved in the Constitution for the states. Many state laws provide for the commitment under civil law for mentally ill sex offenders who pose a risk to the community. The Justice Department has identified at least 95 inmates who could be subject to detention under this law. In 1997 the U.S. Supreme Court ruled that these civil state laws are constitutional.

The Adam Walsh Act also establishes a national sex offender registry, increases punishment for some federal crimes against children and strengthens child pornography protections. These provisions of the Adam Walsh Act are not being challenged.

The case is U.S. v. Comstock, 08-1224.

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 1-8--228-7295,

Supreme Court To Decide Miranda Case

Today, the United States Supreme Court agreed to decide a case in which the question is whether a suspect has to be told that he has a right to have a lawyer present during police questioning. The case involves Kevin Dwayne Powell who was convicted of Unlawful Use of Weapon by a Felon. When Powell was first arrested, he was given his Miranda warnings which only included him being informed that he had a right to not answer questions and to obtain a lawyer's help. He was warned that he had the right to a lawyer before questioning but not told that he had the right to an attorney during questioning. Powell's attorneys argued that the Miranda warnings were not sufficient but the argument failed at the trial court level and he was convicted. The Florida Supreme Court overturned his conviction finding that the Miranda warnings were not sufficient. The United States Supreme Court will make the final decision.

The case is Florida v. Powell, 08-1175.

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

Obama May Have To Confront Death Penalty Issue Very Soon

President Barack Obama may be forced to confront the death penalty issue within a matter of months. At issue is a case currently pending in Washington involving 6 death row inmates. The judge deciding their case has imposed a stay on their executions while he is reviewing whether the death penalty was properly imposed in their cases. If the stay is lifted then they will be scheduled for execution and President Obama will be petitioned to stop their executions. Three of the defendants are part of a Richmond Virginia gang that were sentenced to death for drug related murders, 2 men convicted of the rape, sexual assault and murder of a 16 year old girl, and another man convicted of killing a prison guard. All 6 defendants are black.

It will be interesting to see how President Obama will handle these matters. During the presidential campaign, he declared himself a supporter of death penalty. However, he has also stated that the death penalty should be reserved for the most "heinous" of crimes and in his book, "The Audacity of Hope" he stated that he saw little evidence that the death penalty served as a deterrent. As a senator from Illinois, he played a big role in reforming the death penalty system in Illinois. We will keep an eye out for any developments.

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.

House Impeaches Kent

Today, the House of Representatives unanimously voted 4 Articles of Impeachment against Federal District Judge Samuel Kent. Judge Kent is the first federal judge impeached in 20 years. The articles of impeachment accuse Judge Kent of sexually harassing two female employees and lying to judicial investigators and Justice Department officials. The House vote sets up a trial in front of the Senate. Judge Kent claimed that he was suffering from depression after the death of his wife was suffering from alcohol abuse. Obviously, the House was not sympathetic to his claims.

Judge Kent surrendered to a federal prison in Massachusetts to begin serving his 33 month sentence.

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

ACLU Suit Challenges Solitary Confinement Units

Yesterday, the American Civil Liberties Union (ACLU) filed a lawsuit against the U.S. government challenging the establishment of isolated cells in federal prisons. The ACLU is alleging that these solitary units were created in violation of federal law. The Administrative Procedure Act requires that before new rules are adopted, the public must be given notice and an opportunity to comment on them. The ACLU is alleging that this law was not complied with before these solitary units were created. These isolation cells within federal prisons were created in response to the terrorism threat. The lawsuit was filed on behalf of Sabri Benkahla who is currently housed in one of these isolation cells in an Indiana prison. Benkahla was kidnapped by Saudi authorities in 2003 a day before his wedding. He was turned over to the FBI and brought to the United States. He was charged in federal court with supporting the Taliban and with violating firearms laws. He was only convicted of perjury in connection with the case and sentenced to 121 months in federal prison.

The ACLU is requesting that the Bureau of Prisons be enjoined from further operation of the solitary units, implement the statutory notice and comment requirements and set visiting hours for the inmates.

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.

Rhode Island Legislature Approves Medical Marijuana

On Tuesday, the Rhode Island General Assembly approved medical marijuana, overriding a veto from Governor Donald Carcieri. The measure establishes 3 dispensaries to provide marijuana to patients who have cancer, glaucoma, HIV, Hepatitis C, wasting syndrome, severe chronic pain, severe nausea, seizures, muscle spasms and other medical conditions. The measure allows approved patients to possess up to 12 mature marijuana plants and two and a half ounces of marijuana. In addition, caregivers of qualifying patients are allowed to possess marijuana for up to five of their qualifying patients. The measure had originally been vetoed by the governor. The entire House voted in favor of the measure and was approved by the State Senate in a 35 to 3 vote. Rhode Island only becomes the third state allowing medical marijuana dispensaries, along with California and New Mexico. The United States Supreme Court has held that the United States Congress has the right to criminalize medical marijuana growth and use for medical purposes. During the Bush Administration the Drug Enforcement Administration would routinely raid medical marijuana dispensaries because they violated federal law. Recently, the U.S. Department of Justice has decided not to prosecute owners of medical marijuana facilities that do not violate state law and to stop these raids.

Illinois is seeking to legalize medical marijuana. Legislation has already been passed by the House and Senate.

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 Rules In Convict DNA Case

On November 11, 2008 we published a post about the Supreme Court agreeing to hear a case involving whether people convicted of a crime have a constitutional right to have the DNA collected in their case tested in hopes of proving their innocence. The case involves William Osborne who was convicted of a rape 16 years ago. Osborne was seeking to have a blue condom tested for his DNA. He argued that such a test would establish his innocence. The Supreme Court denied his request ruling that Osborne did not have a constitutional right to have the DNA tested. The Supreme Court overruled the 9th U.S. Circuit Court of Appeals in San Francisco which had ruled that Osborne did have a constitutional right to the DNA test. This decision was a 5 to 4 decision, with the conservative justices in the majority. However, the impact of this decision may be limited. The federal government and 47 already have laws that allow convicts some access to DNA evidence. Such testing has led to the exoneration of at least 232 convicts that had been wrongfully convicted of such crimes as murder and rape. In the majority opinion, Chief Justice Roberts refused to impose a constitutional requirement for fear of interfering with the actions already taken by the states and the federal government.

Osborne was convicted of raping and beating a woman with an ax handle in Alaska. He left her for dead in the snow near the Anchorage Airport. A blue condom was found near the victim and was used in the attack. The victim identified Osborne as one of the attackers, and another man convicted in the attack has implicated Osborne in the crime. Osborne admitted his guilt in a hearing before the parole board in 2004. At trial, Osborne's lawyer passed up an offer to have the DNA tested out of fear that such a test would conclusively implicate Osborne. Osborne is currently in prison awaiting sentencing for another robbery committed after he was paroled for this rape.

The case is District Attorney's Office v. Osborne, 08-6.

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.

Authorities Warn Of Cemetary Crimes

With Father's Day right around the corner, authorities are warning people about the rise of theft crimes at cemeteries. People are being warned to lock their cars and keep a close eye on purses and valuables after several recent thefts at local cemeteries. There have been several cases in which women have returned to their cars only to find their purses missing from their cars. As temperatures rise and more people are expected at cemeteries, authorities are warning the public to be careful. For some reason, people think it's safe to leave their cars unlocked and their valuables out in the open in a cemetery. Thieves understand this and have been taking advantage of the opportunity.

There are over 100 cemeteries in Cook County.

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.

Update on Mississippi Police Gun Case

Last week we published a post about inmates in a Mississippi work camp who stole guns from the local police station. Seven of those guns turned up in Chicago. On Monday, the final defendant in that case plead guilty in federal court. The defendant, Andre Redmond, plead guilty to four federal charges involving a conspiracy to steal 11 police guns from the Greenwood, Mississippi Police Department in 2005 and 2006. He plead guilty the morning that his trial was scheduled to start. At least seven other defendants plead guilty to the conspiracy and several of them were expected to testify against Redmond.

According to prosecutors, inmates working at the police station saw guns in a locked closet. Two of the inmates figured out a way to remove a ceiling fan in the room next to the closet and sneak into the closet. 11 guns were removed from the closet and placed in a garbage can and hidden in another closet in City Hall. Redmond was then called and told to pick them up while he was working with another prison work group. At least 7 of those guns ended up in Chicago.

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.

Tougher Penalties for Marijuana Proposed

THC, or tetrahydrocannabinol, is the active ingredient in marijuana that makes users feel "high." Plants that are specially breeded to produce marijuana with a high THC content are commonly called "kush" on the street. Growers cultivate the plants hydroponically so they can control the light, temperature and humidity to increase the THC content of the plant. This type of marijuana can sell for as much as $600 an ounce making it as profitable as crack cocaine. U.S. Representative Mark Kirk has been listening to law enforcement officials who have been complaining that they have been recovering more of this type of marijuana in raids throughout the area. In response, Representative Kirk has introduced legislation that would increase the penalties for this type of marijuana and would expose first time offenders to up to 25 years in prison. The proposed law would target those who sell or distribute marijuana that has a THC content exceeding 15 percent, or 5 to 10 percentage points higher than average marijuana.

This proposed legislation comes a month after the Illinois Senate approved a bill to legalize medical marijuana in Illinois.

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.

New IDOC Head Targeting Health Care Costs

The new head of the Illinois Department of Corrections, Michael Randle, has made attacking the rising health care costs in Illinois prisons a top concern. Randle was previously a high ranking prison official in Ohio. He participated in programs that shifted the cost of treatment of ill inmates to the federal government. Randle plans on visiting every Illinois prison so that he may determine how to go about reducing prison health care costs.

The total cost to Illinois taxpayers for health care in prisons amounts to $118. That comes out to $2,600 per inmate. The cost of prison health care has risen over 60% since 2001.

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

Chicago Expanding Use of Security Cameras

On Wednesday the City of Chicago revealed a slew of new security cameras at Navy Pier. This is part of an effort by the City of Chicago to put cameras on all the beaches, Soldier Field and McCormick Place. A total of 200 cameras were installed in February of this year at Navy Pier. The total project cost $4.2 million. The cameras are monitored and viewed by the police marine unit, a local police station and the U.S. Coast Guard command center.

The City has made no secret of it's long term plan of placing cameras throughout the city to monitor crime. Recently the city has announced plans to place cameras along the streets of the city to photograph and ticket uninsured drivers. We have been reporting regularly about the expanded use of red light cameras by Chicago.

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.

Judiciary Committee Recomends Impeachment for Kent

The saga of Judge Samuel Kent continues. The House Judiciary Committee voted 29-0 to approve four articles of impeachment against U.S. District Court Judge Samuel Kent. We first reported about Judge Kent on February 23, 2009. At that time we reported that Judge Kent was being charged criminally with fondling 2 female employees. His case was notable because it represented one of the few times that a sitting federal judge was facing trial on criminal charges. The next day. on February 24, 2009, we reported that the trial was averted when Judge Kent entered into a plea agreement with prosecutors in which he agreed to plead guilty to one count of obstruction of justice. On May 12, 2009, we reported that Judge Kent was sentenced to 33 months in prison for obstruction of justice. And last week, on June 4, 2009, we reported that Judge Kent sent a letter of resignation to President Barack Obama effective in one year. This one year delay allows Judge Kent to continue to receive his salary and health insurance benefits.

The articles of impeachment approved by the House Judiciary Committee means that the matter is now going to the full House for a vote by all the members of the U.S. House of Representatives. If the House votes to impeach Judge Kent, it would be the first such act in 20 years.

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.

McHenry County Forced To Set Up Drug Court

Up until now, McHenry County has been able to avoid having to set up a drug court. It's the only surrounding county without a drug court. All of that is about to change. Last week an amendment to the Drug Court Treatment Act was passed by the Illinois legislature requiring every county to have a drug court. Before last week, drug court was an option. If Governor Pat Quinn signs the legislation, McHenry County will have no choice but to follow the lead of all the other counties in the area. As a matter of fact, all of the other surrounding counties have had a drug court for at least five years. McHenry officials have been complaining that they have been unable to set up a drug court because they do not have enough judges. Current state law adds fees and costs to anyone pleading guilty to a crime or convicted of a crime that are supposed to be used for this purpose. McHenry County has been taking those fees and costs and using them for a mental health court. It is uncontroverted that drug court saves money in the long term. It's cheaper to send someone to drug treatment than it is to house them in prison.

If the legislation is signed by the governor, McHenry County will have until January 1, 2010 to set up the court. McHenry officials are reporting that they are working at getting it done on time.

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.

Update on McHenry Prosecutor Case

On June 1, 2009, we published a post about a possible scandal brewing in McHenry County. A former secretary for McHenry County State's Attorney Louis Bianchi was claiming that Bianchi had her do illegal campaign related work for him while she was on county time. The former secretary, Amy Dalby, had been sentenced to Court Supervision for illegally removing thousands of computer files from Bianchi's office. Dalby claimed she removed the files to preserve the evidence of Bianchi's illlegal conduct. Dalby has also filed a petition to have a special prosecutor appointed to investigate Bianchi. This morning, Bianchi filed a motion to have an outside attorney appointed to represent the county in Dalby's Petition. Bianchi wants an outside attorney appointed for the county to have the county determine whether to oppose Dalby's petition.

It seems like Bianchi would be better served by not getting involved in the matter and not file any motions or petitions relative to the case. This matter has the real potential of becoming complicated and drawn out. We'll keep an eye out on this for our readers.

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.

Seven Guns Stolen From Mississippi Police Found In Chicago

The Federal government has announced that seven guns stolen from a Mississippi police department have been found in Chicago. Between 2005 and 2006, 11 handguns and five machine guns were stolen from the Greenwood Mississippi police department by prison inmates in a community work program. 9 people were charged in the case and all but one plead guilty. The trial of the last defendant is scheduled to start on Monday. The news that the guns were found in Chicago was released by prosecutors in that case. The final defendant is not charged with the machine guns. The documents released by the prosecutors do not include information about the machine guns.

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

FBI Website Tracks Bank Robberies

The FBI has set up a pretty neat website that features detailed descriptions of bank robberies in the Chicago area. The website is called the Bandit Tracker Chicago website. The website features details of recent bank robberies along with surveillance video and photographs from the actual robberies. The site was started last month. It was set up in conjunction with the Chicago Police Department and the Cook County Sheriff's Department.

According to the website, the highest number of bank robberies occurred in 2006 when there were 284. Last year there were 277 bank robberies. So far there have been 100 bank robberies in 2009.

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

Drivers Beware. State Police Manning Toll Plazas for Seat Belt Violations

As part of it's "Click it or Ticket" seat belt enforcement program, the Illinois State Police have been stationing troopers at toll plazas and catching motorists as they are paying their tolls. The most recent such campaign ran from May 15 to May 31 and resulted in 1,301 seat belt tickets being issued, most at toll plazas. Decisions on which toll plaza to be manned are usually made the morning of the operation and last about an hour. In addition to state troopers, municipal police departments are increasingly using such operations to nab motorists and issue tickets. The biggest such campaigns revolves around the Memorial Day weekend. In 2006, a total of 214 seat belt tickets were issued. This year, 418 tickets were issued. The current fine for such tickets is $55. The most common toll plaza lanes to be patrolled are the cash lanes. Though people have reported seeing troopers nab motorists at the IPass lanes as well. This calls into question the safety practices of the Illinois State Police. In addition to leading to seat belt tickets, approximately 60% of seat belt stops result in other citations being issued. It could be anywhere from a defective light to no insurance or no license. Many of these operations are also being carried out at night in hope of catching a drunk driver.

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.

Man Who Led To Ban On Executing Menatally Retarded Sentenced to Life

In 2002, the United States Supreme Court ruled that it is unconstitutional to execute someone who is mentally retarded. Yesterday, the Virginia Supreme Court ruled that the man who was the subject of that case is to spend the rest of his life in prison. In 1996, Daryl Atkins abducted an Air Force mechanic in front of a Virginia convenience store at gunpoint, forced him to withdraw money from an ATM machine, drove him to an isolated area and shot him 8 times. A co-defendant, who is already serving life in prison, testified that Atkins pulled the trigger. After Atkins victory in the U.S. Supreme Court, a jury found that he was not mentally retarded and reimposed the death sentence. The Virginia Supreme Court then overturned that decision and ordered another hearing to determine whether he was mentally retarded. During that hearing, the judge heard evidence that had previously not been made known to Atkins' attorneys casting doubt on his guilt. In response, the judge sentenced Atkins to life in prison. Prosecutors appealed the decision of the judge claiming that the sole purpose of the hearing was to determine whether Atkins was mentally retarded and that the judge had no authority to overturn the death sentence for any other reason. The Supreme Court of Virginia disagreed with the prosecutors and upheld the judge's decision.

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.

NRA Appeals Chicago Gun Ban Decision to Supreme Court

On July 2, 2009, we published a blog about the Court of Appeals upholding the City of Chicago and Village of Oak Park ban on handguns. The lawsuit challenging the gun ban by these cities was filed by the National Rifle Association one day after the Supreme Court's ruling in District of Columbia v. Heller, in which the District of Columbia's handgun ban was struck down. Chicago and Oak Park's handgun ban is substantially similar to the District of Columbia's ban. In declining to apply the ruling in Heller to the Chicago and Oak Park ban, the Court of Appeals found that the Supreme Court's decision in Heller did not apply to states and municipalities. The NRA has already filed an appeal of this decision with the United States Supreme Court setting up what promises to be another big fight over the Second Amendment. Any decision will not be released before September of this year.

The case is National Rifle Association v. Chicago, 08,1497.

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.

City Considering Increasing Penalty and Cost For Red Light Camera Tickets

As if paying $100 for getting caught by a Chicago red light camera was not enough, now comes news that an ordinance has been introduced to require victims to complete a "Red Light Education Program" and pay an additional fee of $25. If this program was not completed an additional fine of $50 would have to be paid. Alderman Edward M. Burke introduced this ordinance on Wednesday. Alderman Burke claims that the goal of implementing this new program is public safety but acknowledged that the issue of raising much needed revenue was a factor in the proposal. He admits that the City is struggling to find additional sources of revenue. Currently, 143 intersections have red light cameras. An additional 39 are expected to go up this year. By 2012, at least 330 intersections are expected to have cameras. In 2008, the city reports that 579,560 red light tickets were issued. The city made $44.8 million dollars last year off of these cameras. In the first quarter of 2009, 146,612 tickets have been issued bringing the city $13.3 million dollars in revenue. The City is considering setting up a network of cameras that will issue tickets to uninsured drivers. But in order for this to work, the insurance companies must be required to provide up to date information of license plates of insured motorists on a shared network. At least 14 states require weekly reports from insurance companies. Illinois is not one of those states. So without this requirement, it will be very difficult, if not impossible, to implement this system.

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.

Texas Shows True Intent of Red Light Cameras

Some states are starting to look closely at the use of red light cameras and are starting to ban their use. Texas is one such state. The Texas legislature has banned the use of red light cameras but has a grandfather clause exempting existing contracts. In an attempt to lock in these revenue generating cameras, two Texas towns are entering into long term contract extensions with the companies that supply the cameras. Southlake has extended their contracts by 20 years. The same thing happened in Montana. The Montana legislature passed a similar ban on red light cameras which had the same grandfather clause exempting existing contracts. Some towns in Montana entered into contract extensions and the Montana legislature responded by passing another statute eliminating the grandfather clause.

The effectiveness of red light cameras is also being questioned. While the Texas legislature was debating banning red light cameras, one Texas town reported that while the drop in accidents caused by running red lights dropped, it was almost entirely offset by the increase in rear end collisions at the same intersections. Many opponents of red light cameras believe that simply extending the yellow light time would serve the same public safety purpose and lower the number of fines issued for tickets. This also brings up the possibility of rigging the yellow light sequence at an intersection to increase the likelihood of someone running a red light. On February 6, 2009 we published a blog about one such plot uncovered in Italy.

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 Hopes Cop Surge Will Stop Crime Surge

We've all heard about the troop surge in Iraq, how about the Chicago cop surge? It has become a tradition in Chicago that when summer starts, the crime rate spikes. The warmer weather brings more people out to the streets and with kids out of school for summer break, its understandable that the crime rate will increase. This year, the Chicago Police have announced that they plan on flooding the streets with police officers to try to keep this crime surge from happening. However, this plan will be difficult to implement due to budget restraints. The budget cuts caused only 200 officers to be hired this year. This leaves the Chicago Police force with 500 officers short of authorized strength. To make up for this shortfall of officers, the police superintendent has taken 500 officers assigned to desk duty out of the office and ordered that they spend at least one week out on the streets. 148 other desk officers will be permanently reassigned to street duty. The Mobile Strike Force will have it's membership expand and will be assigned to conduct surveillance in potentially violent areas. The new members of this unit will be taken from other units.

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.

New Lethal Injection Procedure Debuts in Ohio

On Wednesday the State of Ohio executed convicted murderer Daniel Wilson using a new method called "set-to-die." Ohio announced this new procedure last month. The way it works is that after a sedative is administered, the executioners shake the prisoner and call out to him. If there is a response from the prisoner, a second sedative is administered. Last year, the U.S. Supreme Court ruled that a three drug lethal injection sequence used by most states did not violate the constitution. This decision ended a moratorium on the death penalty pending this decision.

Daniel Wilson was sentenced to death in 1992 after being convicted for the murder of a woman after he kidnapped her and burned her alive in the trunk of his car. Wilson's execution reportedly proceeded without any problems.

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.

Federal Judge Resigns Effective In One Year

The saga of convicted U.S. District Court Judge Samuel Kent continues. On May 12, 2009 we published what we thought would be our final post on his case. Today comes news that Judge Kent submitted his letter of resignation to President Barack Obama, effective in one year, in the midst of impeachment proceedings before the U.S. House Judiciary Committee. In May of this year, Judge Kent plead guilty to lying to a judicial panel that was investigating sexual harassment allegations made by his former secretary. He was sentenced to 33 months in prison. The House of Representatives began impeachment proceedings to remove Judge Kent from the bench. By delaying his resignation, Judge Kent would receive his pay of $174,000 and full health insurance benefits. Once his resignation becomes effective, he will no longer receive his salary or health insurance benefits. A disciplinary judicial panel has already called for the impeachment of Kent. In spite of Kent's resignation, the House Judiciary Committee will continue with it's impeachment proceedings. If Judge Kent is impeached, he would be immediately removed from his position.

This time we are not going to promise that this is the last post we publish on Judge Kent's saga.

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.

Appellate Court Upholds Chicago Handgun Ban

In a surprising decision, a unanimous three-judge panel of the U.S. Court of Appeals upheld Chicago's ordinance banning handguns and automatic weapons within city limits. Chicago's ban had been challenged by the National Rifle Association. The NRA sued Chicago and Oak Park, Illinois, one day after the Supreme Court's decision in District of Columbia v. Heller, which struck down a handgun ban in Washington, D.C. The handgun ban struck down in Heller was substantially the same as Chicago's ban. The court upheld Chicago's ban by reasoning that the Heller decision did not apply to states and municipalities. The Appellate Court differentiated the Heller case from Chicago's ban by stating that "Heller dealt with a law enacted under the authority of the national government, while Chicago and Oak Park are subordinate bodies of a state." The NRA's lawsuit was initially dismissed by the trial court on December 4, 2008 by following a 1982 appeals court ruling upholding a ban on handguns by the Village of Morton Grove. The ruling in this case was released only one week after oral arguments were held. The NRA has vowed to appeal this to the United States Supreme Court.

The case is National Rifle Association of America v. City of Chicago, 08-4241.

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.

Preliminary Crime Statistics for 2008 Released

The FBI today released it's Preliminary Annual Uniform Crime Report. The report is showing a 2.5 percent decrease in the number of violent crimes and a 1.7 percent decrease in the number of property crimes from 2008 to 2007. All four of the violent crime offenses, murder, rape, aggravated assault, and robbery all decreased nationally. Violent crimes in all city sizes decreased. Murders dropped in the larger cities but in cities with populations less than 100,000, the murder rate increased 5.5%. When it comes to property crimes, there were overall decreases in these crimes as well. The only crime that saw an increase was Burglary which increased by 1.3%. Property crimes decreased in all but one Region of the United States. Property crimes increased by 1.6 percent in the Northeast. Arsons decreased by 3.9% nationally.

Overall, the preliminary results show that crime is generally down. To view all the crime reports from 1995 to 1998, click here.

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.

Is There a Scandal Brewing in McHenry County?

The Daily Herald has a front page story about a potential scandal that is getting attention involving McHenry County State's Attorney Louis Bianchi. We have previously written about Mr. Bianchi. On January 19, 2009 we published a blog concerning the stretching of county resources due to Mr. Bianchi's tough stance on plea agreements. Today's story about Mr. Bianchi is much different. The story started in 2007 when Bianchi's office learned that files may have been taken from the prosecutor's office. A special prosecutor was named at the time to investigate the missing files. The investigation led to the arrest of Amy Dalby, a secretary working in the prosecutors office. The former secretary claimed that she removed the files from the office because she wanted to gather proof that Bianchi was making her perform campaign work and other political duties on county time. Ms. Dalby felt that it was her civic duty to preserve the evidence to show that Bianchi was unethical. Bianchi has denied Dalby's allegations and claims they are all politically motivated. In Mr. Bianchi's defense, Dalby never went to law enforcement with any of the alleged evidence but rather turned it over to Bianchi's Republican opponent who ran an unsuccessful campaign against him last year.

Dalby was sentenced to one year of court supervision for misdemeanor computer tampering because she admitted to downloading and removing more than 5000 pages of documents from the prosecutors office. The special prosecutor is still investigating and refuses to say whether any more people will be charged with crimes.

We will keep an eye out for any more developments.

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 Gives Ohio Another Chance For Death Penalty

The Supreme Court gave the State of Ohio another chance to put a man that may be mentally retarded to death. In 2002, the Supreme Court ruled that mentally retarded defendants cannot be put to death. The 6th U.S. Circuit Court of Appeals threw out the death sentence of Michael Bies after the Ohio Supreme Court had determined that Bies had an IQ of 69 and was mentally retarded. The Ohio Supreme Court determination was made before the U.S. Supreme Court's 2002 ruling barring the execution of mentally retarded defendants. The U.S. Supreme Court ruled that the Court of Appeals acted too quickly when it thew out the death sentence. Justice Ruth Bader Ginsburg said in the majority opinion that "mental retardation was not a conclusive or necessary determination in any Ohio court proceeding to date." A new hearing will be held and Bies will argue that he is mentally retarded and should be spared the death penalty, and prosecutors will try to rebut his claim and argue that he is deserving of being put to death for murdering a 10 year old boy who refused to perform a sex act.

The case is Bobby v. Bies, 08-598.

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 Refuses to Hear Appeal of Death Penalty Case

The Supreme Court has refused to hear an appeal of a Missouri man sentenced to death for raping and murdering a 15 year old girl. Michael A. Taylor had been convicted of raping and murdering the 15 year old girl in 1989. Taylor had requested that a jury determine his sentence. Instead, his request was denied and a judge determine that several aggravating factors existed that warranted the imposition of the death penalty. This case raises some very important questions that remain unanswered by this decision. In 2002, the Supreme Court ruled that juries, not judges, should determine whether aggravating factors existed that would demand that the death penalty be imposed. In his appeal, Taylor was asking that the Missouri courts apply this principle and the Missouri courts had refused. The Supreme Court today refused to hear Taylor's appeal thereby leaving this issue undecided. If the Supreme Court has ruled that juries should determine if aggravating factors exist, then what does the denial of Taylor's appeal in this case mean to this rule?

The case is Taylor v. Missouri, 08-1084.

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.