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.