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.

Overhaul In Immigrant Detention Announced

Today, the Department of Homeland Security announced sweeping changes in the way that illegal immigrants are detained. The system houses an average of 32,000 detainees throughout the United States every day. The current system has been criticized for being cruel and inhumane. Currently, detainees are held in prison like facilities which are costly. The department announced that they will be coming up with new ways to detain nonviolent immigrants. Two new facilities will be built that will probably house the more violent immigrants. A facility in Texas will be converted to only hold women. The department plans on developing a system to electronically monitor immigrants and house them in converted hotels. The 350 contracts to state, county and municipal prisons will be reviewed and controlled by a centralized office. There's also plans to set up an online system to allow families to check on the status of their loved ones. Immigration and Customs Enforcement has a $2.5 billion budget to deal with the detention and deportation of illegal immigrants. Current detention procedures cost up to $100 per day per inmate. Some of the alternatives announced by the department may cost as little as $14 a day. The goal is to place inmates in appropriate places until they are deported. For instance, a nonviolent immigrant should not be treated the same way as a violent immigrant.

In researching to post this blog, I was surprised by the different headlines from different newspapers. For instance, the Christian Science Monitor headline read, "Some Illegal Immigrants to be Held in Old Hotels, Nursing Homes." The Houston Chronicle headline read, "More Detained Immigrants May Be Released." One New York Times article read, "Salvaging Immigration Detention." All of these articles were about the same story. Illegal immigration is a volatile and emotional issue. It's interesting how the views of a particular author or newspaper editor come out in the headlines. One article suggests we are salvaging immigration detention and the other starts off by saying that more illegal immigrants may be released.

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.

Ohio Death Penalty System In Disarray

Ohio Governor Ted Strickland, has postponed the execution of an inmate scheduled for this Thursday. The controversy arises out of the botched execution attempt of an inmate on September 15. Technicians tried for two hours to find suitable veins on Romell Brown. The botched attempt called into serious question Ohio's lethal injection procedures. Lawrence Reynolds, Jr., is scheduled to be executed on Thursday. Earlier in the day, the Ohio Attorney General asked the U.S. Supreme Court to let Reynolds execution go forward. However, later in the day, Governor Strickland announced that he would be granting a temporary reprieve to Reynolds until at least March, 2010. He also granted a temporary reprieve to Darryl Durr, who was scheduled to be executed in a few weeks, until at least April, 2010. In his announcement, Governor Strickland indicated that additional time was needed to thoroughly examine Ohio's lethal injection procedure to make it legal in accordance with Ohio law. Brown's execution has been delayed indefinitely.

All of the inmates are arguing that Ohio's lethal injection procedures violates the constitution's ban on cruel and unusual punishment. Judges reviewing these matters have been split.

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 Death Penalty Cases

The United States Supreme Court has refused to hear 2 cases involving the imposition of the death penalty in murder cases. The first case is out of Illinois and involves the case of Dr. Ronald Mikos. Dr. Mikos was facing allegations of Medicare Fraud. In 2005 he was convicted of the murder of a former patient so he could keep her from testifying against him and sentenced to death. At his trial, he refused to testify. During the sentencing phase the prosecutors argued that his unwillingness to testify showed a lack of remorse. After he was sentenced to death, jurors cited his lack of remorse as a reason for imposing the death penalty. Mikos argued that his unwillingness to testify did not show a lack of remorse and objected to the prosecutor arguing to the jury that it did. The U.S. Circuit Court of Appeals in Chicago upheld the death sentence and the United States Supreme Court refused to review the case without comment.

The case is Mikos v. United States, 08-1280.

The Supreme Court decided not to get involved in a case involving how the death penalty is imposed in Louisiana. In this case, the defendant was sentenced to death for her role in a brutal murder. A co-defendant was also convicted of murder and also received a death sentence. The case presented an opportunity for the Supreme Court to determine whether the death penalty in Louisiana is arbitrarily imposed on some defendants while others in similar circumstances are sentenced to life in prison.

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 1-800-28-7295.

Clerk of Cook County Court Introduces Online Orders of Protection

The other day I saw the following new page added to the Clerk of the Circuit Court's website. This new page simplifies the preparation and filing of a request for an Order of Protection in Cook County. It establishes a simple online process for preparing the proper documents necessary to obtain an Order of Protection. It is important to note that in order to obtain an Order of Protection, you have to present the prepared documents to the Clerk of the Circuit Court and be seen by a judge. In order for a valid Order of Protection to be obtained, it must be signed by a judge.

Word to the wise: Once you prepare the documents online, make sure you sign off of the website so as to close any access to what you just did on that page.

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.

Highlights Of Important Supreme Court Cases For Fall Term

This week, the United States Supreme Court announced which cases it will be considering in the upcoming Fall Term. In the backdrop of this announcement is the fact that a new Justice, Judge Sotomayor, will be taking her seat, and speculation that Justice John Paul Stevens could be retiring at any time. We first posted a post discussing the speculation surrounding his retirement on September 2, 2009. To read that post click here. The addition of Sotomayor is not expected to change the philosophical balance on the court. But the expectations for this term surround the cases that the Supreme Court has agreed to decide. Below you will find a brief synopsis of the interesting cases the Supreme Court has agreed to consider.

Guns and the Second Amendment: This case promises to get the greatest attention. On Wednesday the Supreme Court agreed to hear a case involving a challenge to Chicago's ban on handguns. Last year the Supreme Court overturned Washington D.C.'s ban on handguns. Chicago has a similar ban and is arguing that the decision overturning the Washington D.C. ban on handguns does not apply to state and local governments because Washington D.C. is governed by federal law. The Court of Appeals agreed with Chicago and the Supreme Court will now take up the issue. How the Supreme Court decides this case will have a tremendous impact on handgun bans throughout the country.

The case is McDonald v. Chicago, 08-0521.

Right to a Lawyer, Miranda Related Decision: How long is a suspects request for a lawyer valid? In 2003, Michael Shatzer was questioned for the sexual abuse of a boy. The case was dropped after Shatzer demanded an attorney. Three years later, after the boy was older and able to recount more details to a new detective assigned to the case, he was questioned and confessed to the crime. He was convicted by the trial court but the Maryland Court of Appeals overturned the conviction because he had requested an attorney in 2003. The United States Supreme Court will decide how long the request for a lawyer will last.

The case is Maryland v. Shatzer, 08-680.

Life without Parole for Juveniles: The court will decide whether a sentence for life without the possibility of parole violates the constitutional prohibition against cruel and unusual punishment. The case comes out of Florida where 2 juveniles, 13 and 17 years old, were sentenced to life in prison without the possibility of parole. Neither juvenile was convicted of a crime involving murder. We first posted a post about this case on May 10, 2009. Click here to read that post. On May 16, 2009 we posted another blog about a decision out of California holding that sentencing juveniles to life in prison was unconstitutional. To read that post click here.

We will update our readers on any other cases which may be added to the docket along the way.

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.

James G. Dimeas Appears for Defendant Charged in Orland Park Murder

On Monday, James G. Dimeas, of Legal Defenders, P.C., appeared in the Bridgeview Courthouse for a bond hearing for Fadi A. Alkarim. Mr. Dimeas's client is charged with the first-degree murder of a 21 year old Orland Park man. Alkarim is a co-defendant in the case, along with 2 other defendants. The prosecutor indicated that the state may seek the death penalty against one of the other defendants. Due to the seriousness of the charges, the judge denied bail for all of the defendants. The case has been continued for a preliminary hearing to October 9, 2009 in the Bridgeview Courthouse.

Below you will find some newspaper articles about the case:

WBBM Newsradio 780.

Southtown Star.

The Chicago Sun-Times.

ABC 7 News.

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.