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    Tuesday, May 19, 2009

    Schaffner Mixing it Up

    I don't have a dog in this fight, but Charlie Schaffner seems to rile prosecutors wherever he goes.  Winning cases might have something to do with it, but I get the impression that losing to Chaz is somehow more annoying to prosecutors than losing to someone else.  Well, don't indict crappy cases.  Problem solved.

    Some people will no doubt take offense to the remark about "crappy cases."  Look, I've seen Charlie in trial.  He can see where a case is weak and capitalize on it and juries like him.  That's all you need to win but it's not like he's some kind of master litigator who has the courtroom hanging on every word and pulls off miracles.  From what I've seen and heard about his recent wins, they were all pretty weak cases.

    As to the discovery issues raised in the article, I don't ever get a piece of paper from Linda's office without being forced to sign something right then and there.  I suppose a computer crash could be causing a problem, but I don't know many prosecutors who would accept a defendant coming in and saying that the dog ate their homework.

    Is this trial ever going to end?


    Sunday, May 17, 2009

    Truth Telling Not Welcome Here

    So some guy tells the truth about the failed war on drugs and our local prosecutors get their drawers in a knot.  I'm shocked.

    Saturday, May 16, 2009

    Department of the Shoe Being on the Other Foot

    Some Boone County Sheriff's Deputy has been charged with domestic violence against his wife.  Having been involved in more than a few of these, I won't assume anything about his guilt.  I must confess to getting my Schadenfreude on, though, whenever a cop (or prosecutor or probation officer, etc.) gets charged with a crime.  Now, this guy might be a really good cop and a great guy but he might also be one of those miserable pricks who gooses every charge up, never wants to deal and thinks everyone ought to go to jail.  Anyone know which it is here?

    Keeping Us Safe from Handjobs

    Crimefighter Ben Dusing has struck another blow in the twilight struggle against Asian women giving handjobs to middle-aged salesmen and middle-management types.  With little heed for their own safety, agents of the postal inspector, immigration and local police raided the King's Spa.  Finding evidence of illicit handjobbery, the United States has indicted Yong Hui Cho, guaranteeing that we will get to pay to house Ms. Cho in federal prison instead of just putting her on probation for promoting prostitution and shutting the shop down.

    Is it me or does it seem like the kinds of things that will get you into federal court have gotten progressively more trivial over the years?  Not that running a brothel isn't a crime (whether is should or shouldn't be is another story), but it can be dealt with at the state level, as can a lot of cases that land there.  It's not that I'm especially soft on crime, but it seems like there must be some public corruption or mortgage fraud or something out there that the feds are particularly well-suited to investigate and prosecute rather than this stuff.

    Someone will say, "but what about human trafficking and other human rights violations?"  Fine.  If I hear that that was really going on in this case, I'll reconsider whether the feds should be involved.  Mostly what I hear about these cases is some middle-aged woman and a couple of other women were whacking guys off and charging it on credit cards, giving the feds jurisdiction.  (n.b. When running a handjob parlor, only take cash)

    Sentencing Sanity

    There's a story in the Enquirer today about Judge Bartlett's reducing the sentence on that girl who was involved in the home-invasion shooting in Elsmere when she was a juvenile.  Dropping her to 12 yrs seems like the right thing to do.  It seems to take into account her juvenile status, her progress in custody and still gives her a healthy sentence to serve.  I can only assume she's serving 85%, right?

    I was glad to read no official quotes roughing up the judge, but the comments are already getting vicious.  There's a real mean streak out there that demands longer sentences and larger prisons and it just seems unsustainable to me.  It's interesting to be working in the criminal justice system in this economy because we're about the see, I think, some big changes (forced upon us by the economy) in how we deal with low level offenders and prison populations overall.

    Wednesday, May 13, 2009

    Kenton County Fisticuffs

    I'm hearing vague, poorly sourced reports about a "fight" in the bathroom between Shannon Sexton & Jim Redwine.  Jim, a rangey southpaw, has always been known as a level-headed guy with great people skills, so this report surprises me.  

    Shannon, according to my extremely well-placed sources, has been annoying the CAO lately.  Shannon, a good trial attorney by many accounts, has had the benefit of some GREAT facts in some recent cases.  People are saying that Shannon's recent successful trials have gone to his head.  I have not seen any evidence of that, but reasonable minds can differ, I suppose.

    Anyway, what's up with this?  Anybody know anything more concrete?

    Update:

    People who know things tell me that the "fight" was little more than an animated discussion that got a little loud.  Nothing to see here people.  Move along.

    Wednesday, May 6, 2009

    Thoughts on Arizona v. Gant

    What is the practical effect of Gant?  Sure, there will be some cases lost in the short term because of bad searches, but what about long term?

    I think the police will simply start impounding every car where they arrest the driver and want to take a look inside.  That's what I would be advising them to do if I was asked to come up with a way around Gant.

    Thoughts?