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Crime

Thirty-Five Years for Assault with Spit

spit.jpgWillie Campbell has been sentenced to 35 years for assault with a deadly weapon. What makes this case interesting is that the deadly weapon was his HIV-positive spit.

From the Dallas Morning News:

Campbell was being arrested in May 2006 for public intoxication when he began resisting and kicking inside the patrol car, Dallas police office Dan Waller testified.

"He turns and spits," Waller said. "He hits me in the eye and mouth. Then he told me he has AIDS. I immediately began looking for something to flush my eyes with."

Campbell, who was convicted of harassment of a public servant, has a history of spitting at police officers and biting fellow jail inmates, The Dallas Morning News reported.

We wonder about the science behind finding the spit deadly. The science guys say you can't get HIV from saliva. Oh well, Campbell sounds like a jerk anyway.

HIV-positive man sentenced 35 years for spitting at officer [Dallas Morning News via Drudge]

Lawyer of the Day: Ira Schacter

Ira Schacter Ira J Schacter Ira Schachter Ira J Schachter CWT.jpgWhen a Biglaw partner is accused of domestic violence, we can't help but honor him with ATL's Lawyer of the Day. But we must note that this article from the New York Daily News drips with lawyer hatred, in describing a case where the attorney was not convicted.

They didn't even spell Cadwalader partner Ira Schacter's name correctly. We've put the perceived lawyer hatin' in bold:

A high-powered Manhattan lawyer was cleared of wife-beating charges Tuesday -- even though cops said his estranged wife was hurt in a scuffle last fall at the couple's East Side townhouse.

Ira Schachter, a partner at the white-shoe firm of Cadwalader, Wickersham and Taft, was freed despite dramatic photos that appear to show him causing a commotion outside the pricey brownstone on E. 78th St.

Manhattan Criminal Court Judge Larry Stephen also scrapped an order of protection against Ira Schachter, 48, after prosecutors said they couldn't prove the case against him....

Ira Schachter walked out of court surrounded by an entourage of powerful lawyers, including divorce lawyer Raoul Felder and Ira Sorkin, former head of enforcement at the federal Securities and Exchange Commission.

Not to say that beating your wife is okay. His wife claims he choked her, and police photos showed bruises on her head and neck. Schacter claimed it was self-defense after his wife bit his finger "to the bone."

The War of the Roses.jpgOne tipster tells us that Ira Schacter is "awkward, very messy, constantly touching himself, a general slob. But not violent." This tipster opines that Mrs. Schacter is "nuts" and that neither spouse is blameless, but that she was the one who ended up filing charges.

More about Ira Schacter, from a second source:

Very strange guy and hard to describe -- everyone suspected he had Asperger's. He has very quirky mannerisms and a speech impediment.... But he has a ginormous book of business and is probably the only rainmaker in corporate outside of Dennis [Block]....

Not a particularly likable guy. Very controlling of his little fiefdom, and very nasty to anyone perceived to be hitting his bottom line.

I am loathe to blame what may be the victim or defend anyone at CWT, but his wife was known around the firm to be extremely abusive to everyone she came in contact with. [She] could be heard screaming obscenities at undeserving secretaries and Ira over the phone.

They sound like they were meant for each other. Now we are going to watch War of the Roses.

Upper East Side wife reels after judge clears husband of wife-beating charges [New York Daily News]

Guys at my high school used to run massive drug operations all the time. It was no big deal.

San Diego drug bust.jpgThe Drug Enforcement Administration raided fraternities at San Diego State University yesterday. They found a treasure trove of evidence: two kilograms of cocaine, 350 Ecstasy pills, marijuana, psychedelic mushrooms, hash oil, methamphetamine, illicit prescription drugs, several guns and $60,000 in cash. Those are the makings of quite a frat party.

Members of Theta Chi, Lambda Chi Alpha, Phi Kappa Psi, Phi Kappa Theta, Sigma Alpha Epsilon and Sigma Alpha Mu were allegedly running drug rings at the university. Seventy-five students were arrested yesterday. During finals. That sucks.

From the San Francisco Chronicle:

A member of Theta Chi sent out a mass text message to his "faithful customers" stating that he and his "associates" would be unable to sell cocaine while they were in Las Vegas for a fraternity formal, according to the Drug Enforcement Administration. The text promoted a cocaine "sale" and listed the reduced prices on bulk quantities.

"Attn faithful customers both myself and my associates will be in Vegas this coming weekend," the 19-year-old student wrote in the text message. "So stock up, we will be back Sunday night."

Those arrested included a student who was about to receive a criminal justice degree and another who was to receive a master's degree in homeland security.

Criminal justice frat stud may need to change his major.

Ethan Nadelmann, founder and executive director of the Drug Policy Alliance, agrees with the title of this post. He says to ABC News that the raid will cost taxpayers millions of dollars in court and prosecutorial fees and that "anyone who has gone to college knows there were always students who would deal drugs and who subsequently went on to prestigious careers in law, law enforcement, medicine and politics." No big deal.

6 fraternities suspended in drug probe at San Diego State U. [San Francisco Chronicle]
Critics Call College Bust 'Ridiculous, Nonsensical Waste' [ABC News]

Not Just Creepy, But Criminal: Uma Thurman's Stalker Convicted

Uma Thurman stalk stalker Kill Bill Pulp Fiction.jpgAt around noon, the jury reached a guilty verdict in the week-long trial of Jack Jordan, alleged stalker of Uma Thurman. The jury deliberated for one full day. Presumably the jurors were moved by the beautiful actress's dramatic reading from Jordan's disturbing correspondence.

Jordan was convicted of stalking and aggravated harassment. Sentencing is set for June 2nd.

Jordan, by the way, is rather well-educated. He's a 1994 grad of the University of Chicago (undergrad, not law), who has also done some graduate work. But he's had mental health issues over the years; in late 2005, he was involuntarily committed. He rejected a plea deal that would have placed him in a mental facility for 18 months.

Thurman testified that she was terrified by Jordan's overtures. But if he had tried to do her harm, we suspect he would have encountered a world of hurt. If you've seen Kill Bill, you know that Uma Thurman is a badass.

Guilty verdict in Uma Thurman stalking trial [WABC via Gawker]
Jury Finds Accused Thurman Stalker Guilty [WCBS via Drudge]

Dallas to... $360 Billion! (And no state income tax.)

Austin Powers One Million Dollars ATL Above the Law blog.jpgThree hundred and sixty billion? Even Exxon Mobil, whose $10.9 quarterly profit just disappointed Wall Street, doesn't have that kind of cash on hand.

So we're not sure what this fellow was thinking. From the Dallas Morning News:

A man has been accused of attempting to pass a $360 billion check, which he claims was given to him by his girlfriend’s mother to start a record business, Fort Worth police said.

Charles Ray Fuller, 21, of Crowley, was arrested on April 22 on an accusation of forgery, police said....

The personal check was not made out to Mr. Fuller and when the bank contacted the check owner, the woman said she did not write a check for $360 billion.

'Cause overdraft fees are a bitch.

Quips our tipster: "[T]he dollar amount reminds me of something in the range of what Jonathan Lee Riches looks for. Perhaps JLR can represent him."

Man accused of trying to cash check for $360,000,000,000 [Dallas Morning News]

The DNA Made Me Do It?

DNA.jpgA fascinating article in the Washington Post explores new uses for DNA tests in the legal system. (We mentioned it yesterday in passing, but thought we'd say a bit more.)

Everything that's written on genetics has an obligatory section on eugenics. But after getting that out of the way, the piece turns to the more interesting possibilities for DNA. One is as a predictor of criminal behavior:

Rather than simply proving, for example, that the blood on a suspect's clothes does or does not match that of a murder victim, these "second generation" DNA tests seek to shed light on the biological traits and psychological states of the accused. In effect, they allow genes to "testify" in ways never before possible, in some cases resolving long-standing legal tangles but in others raising new ones.

Already, chemical companies facing "toxic tort" claims have persuaded courts to order DNA tests on the people suing them, part of an attempt to show that the plaintiffs' own genes made them sick -- not the companies' products.

In other cases, defense attorneys are asking judges to admit test results suggesting that their clients have a genetic predisposition for violent or impulsive behavior, adding a potential "DNA defense" to a legal system that until now has held virtually everyone accountable for their actions except the insane or mentally retarded.

For example, researchers have identified a genetic mutation in a brain enzyme that causes increased violent behavior. Could genetic predisposition towards violence one day be a possible defense by excuse?

As Vanderbilt's Nita Farahany -- an expert in behavioral genetics and the law, who has previously appeared in these pages (second photo) -- rightly points out, finding the cause for a behavior does not excuse a crime. But it could influence sentencing. [FN1]

Another possibility for DNA test applications is measuring life span, to determine awards in civil cases:

Many genes contribute to longevity; just last month, researchers announced the discovery of more than a dozen genes newly suspected of helping determine a person's life span. Even if all of them were known, they could at best provide a probabilistic estimate. But as those estimates become more accurate, said Hoffmann, the Maryland associate dean, they will force judges and jurors to think hard about a question that has long dogged legal scholars: Should damage awards be linked to projected life span at all?

"If it's for compensation, then yes, that means you'd want to fine-tune it to the details of the individual and their personal life expectancy," Hoffmann said. "But if damages are about deterrence, then that says you don't get off the hook just because you were lucky enough to hit someone who had a short life expectancy."

It's all speculative for now, as these tests are still in their early stages and not yet at the level of admissibility. But when they get to that point, there will be some interesting new possibilities and challenges for legal application.

[FN1] Earlier this month, Professor Farahany wrote an extremely interesting opinion piece for the Washington Post , imagining a world in which "police officers can read the minds of potential criminals and arrest them before they commit any crimes." It's not as far-fetched as it might sound: "various government agencies are funding the development of technology to detect brain activity remotely and are hoping to eventually decode what someone is thinking."

DNA Tests Offer Deeper Examination Of Accused [Washington Post]
The Government Is Trying to Wrap Its Mind Around Yours [Washington Post]

Deborah Jeane Palfrey: 'Alleged' D.C. Madam No More

Deborah Jeane Palfrey 2 Debra Jean Palfrey DC Madam Above the Law blog.jpgLast year, Deborah Jeane Palfrey, the so-called "D.C. Madam," was suggested as a possible running mate for John McCain, the presumptive Republican presidential nominee. But thanks to a development from earlier this afternoon, that probably won't be happening. From the AP:

A federal jury has convicted a woman of running a high-end prostitution ring that catered to members of Washington's political elite.

The verdict against Deborah Jeane Palfrey was announced in a courtroom Tuesday afternoon.

Palfrey has repeatedly denied the escort service engaged in prostitution, and that any sex acts happened without her knowledge. Palfrey caused a sensation last year when she announced that she would sell her phone records to news outlets to pay for her defense.

But the trial didn't reveal many new details about the service or the identities of its clientele. Republican Sen. David Vitter of Louisiana was linked to the case but didn't testify.

Well, even if it wasn't as explosive as expected, the trial yielded up a few new juicy details. Like the fact that one of Palfrey's escorts was a former professor and university department chair. Or the fact that Palfrey's prostitution service was patronized by several well-pedigreed lawyers (including Yale law grad Christopher Sorrow, who is presumably pretty sorrowful about being involved in this mess). Or the fact that Palfrey employed "testers," like trial witness Paul Huang, to evaluate the suitability of aspiring escorts (think "Consume-Ho Reports").

And the show's not over just yet. Palfrey has made a spectacle of herself from the start of this case, and we still have a sentencing and possible appeal to look forward to. So stay tuned.

Woman convicted of running Washington prostitution service [AP]
Professor for Hire [Inside Higher Ed via TaxProf Blog]
Four Former Call Girls Testify at Palfrey Trial [Washington Post]

When Third Graders Attack

third grade.jpg

Yesterday, Georgia brought us our judge of the day and news from our favorite pro se litigant. Today, it brings us murderous third graders. From CNN:

A group of third-graders plotted to attack their teacher, bringing a broken steak knife, handcuffs, duct tape and other items for the job and assigning children tasks including covering the windows and cleaning up afterward, police said Tuesday.

Photos of the assembled weapons are here.

We realize there is a tenuous legal connection here... but authorities at the school are citing privacy law and there will be charges!

The children, ages 8 to 10, were apparently mad at the teacher because she had scolded one of them for standing on a chair, Tanner said.

Two of the students were arrested on juvenile charges Tuesday and a third arrest was expected. District Attorney Rick Currie said other students told investigators they didn't take the plot seriously or insisted they had decided not to participate.

"Some of the kids said, `We thought they were just kidding,"' Currie said. "Another child was supposed to bring a toy pistol, and he told a detective he didn't bring it because he thought he would get in trouble."

Currie said the children are too young to be charged as adults, and probably too young to be sentenced to a youth detention center.

Police seized a steak knife, steel handcuffs, duct tape, electrical and transparent tape, ribbons and the paperweight from the students, Tanner said.

Currie said he decided to seek juvenile charges against two girls, ages 9 and 10, who brought the knife and paperweight and an 8-year-old boy who brought tape. He said all three students faced charges of conspiracy to commit aggravated assault, and both girls were being charged with bringing weapons to school.

How the world has changed. When we were in the third grade, we sang the variation on "Joy to the World" that celebrated the teacher being dead, but we didn't actually mean it!

11 Students Plotted To Kill Third-Grade Teacher [Local 6 News via Drudge]
Police Release Photos of Weapons in Waycross Plot [First Coast News]
Cops: Third-graders arrested in teacher attack plot [CNN]
Third-graders grilled on plot to kill teacher [The Florida Times-Union]

A PSA from ATL: Watch Out for Wombats!

wombat rape Australia New Zealand Above the Law blog.jpgUnless you've always wanted an Australian accent. From the Telegraph:

A New Zealand man who claimed he was raped by a wombat and that the experience left him speaking with an Australian accent has been found guilty of wasting police time.

Arthur Cradock, 48, from the South Island town of Motueka, called police last month to tell them he was being raped by the marsupial at his home and needed urgent assistance.

Cradock, an orchard worker, later called back to reassure the police operator that he was all right.

"I’ll retract the rape complaint from the wombat, because he’s pulled out. Apart from speaking Australian now, I’m pretty all right you know. I didn’t hurt my bum at all."

Wombats are very considerate; they use lots of lube. We learned that on Animal Planet.

[Cradock] pleaded guilty in Nelson District Court to using a phone for a fictitious purpose and was sentenced to 75 hours’ community work....

Wombats are native to Australia and are not found in New Zealand. Although powerfully built and about the size of a small pig, they are very rarely dangerous. There are three species: the widely distributed common wombat and the much rarer southern and northern hairy-nosed wombats.

Now wasn't that informative? You can bill 0.1 hour to "Professional Development" for reading this.

Man said 'wombat rape' led to accent change [UK Telegraph]

Update: Massachusetts Lawyers Getting Off

Carl McGee Carl Stanley McGee Governor Deval Patrick Above the Law blog.jpgFor the record, here's some follow-up on two Bay State lawyers previously discussed in these pages, who have been cleared of the charges against them. At least to some extent.

First, remember Carl Stanley McGee (right), who was arrested after being accused of going down on a 15-year-old boy? Earlier this week, Florida prosecutors decided to drop the case.

Apparently the teen had trouble identifying McGee. But maybe he also learned that it's bad form to complain about getting a BJ. Unless teeth are involved.

Second, remember the handsome Gary Zerola (below right), named a "Most Eligible Bachelor" by People magazine, and accused of rape and attempted rape by three different women? One of the cases against him went to trial, and he was acquitted (back in January; we missed the news when it came out).

Gary Zerola 2 Most Eligible Bachelor rape Above the Law blog.jpgA second trial is currently underway. In that case, as reported in today's Boston Herald, Zerola's defense team argues that the victim wanted to shakedown their client for $150,000.

The third incident, which is the one that we wrote about, has not yet gone to trial.

Sex Case Against MA Guv's Aide Dropped [AP]
'Most eligible bachelor' acquitted in attempted rape case [Boston Globe]
Zerola team: Alleged victim sought $150G [Boston Herald]

Earlier: Lawyer of the Day: Carl Stanley McGee
Most Eligible Bachelor Becomes Considerably Less Eligible

'Whereupon there is screaming'

This must be the most profanity-laced piece of transcript since Aaron Wider's deposition. It's the transcript from the sentencing hearing at which Assistant U.S. Attorney Carolyn Pokorny (E.D.N.Y.) was attacked by the defendant, before the court reporter and defense counsel tackled the assailant.

The transcript was prepared by Ron Tolkin, the court reporter involved in the incident, from an audio recording. Even the heroic Mr. Tolkin can't simultaneously (1) kick the a** of a kid decades his junior, and (2) transcribe the proceedings for posterity.

Excerpts appear below. For the full transcript, see the link at the end of this post.

Victor Wright transcript Above the Law blog.jpg

Update: Another choice excerpt, pointed out by several of you in the comments:

Victor Wright Ron Tolkin Carolyn Pokorny Eastern District New York ATL.jpg

To read the full transcript, click here (PDF). If you do, the "press it in" discussion might be confusing (and sound completely filthy). An E.D.N.Y. source clarifies:

["Pressing it in" refers] to the CSO, Marshalls and Deputy discussing how to activate the panic button. In the old E.D.N.Y. courthouse, you push in, but in the new one, you pull out.

Sentencing Hearing Transcript: United States v. Victor Wright (PDF)

Earlier: Lawyer of the Day: Harry Batchelder (And Court Reporter of the Day: Ron Tolkin)

S**t or Get Off the Pot? She Would Prefer Not To

The legal connection to this story is tenuous, but not non-existent. Criminal charges could be filed. And maybe there's a products liability case against the toilet manufacturer.

Anyway, it's such a great story -- and no, it's not from The Onion -- that we're going to link to it. From the AP:

toilet seat 1 toilet bowl woman stuck to toilet Above the Law blog.JPGA 35-year-old woman who apparently spent two years in her boyfriend's bathroom in Ness City had become stuck to the toilet seat, authorities said Wednesday.

"She was not glued. She was not tied. She was just physically stuck by her body. It is hard to imagine. ... I still have a hard time imagining it myself," Ness County Sheriff Bryan Whipple said in a telephone interview, adding that it appeared her body fat had grown attached to the seat.

Authorities planned to present their report to the county attorney later Wednesday to see if any charges should be filed against her 36-year-old boyfriend, Whipple said.

The boyfriend called police on Feb. 27 to report that "there was something wrong with his girlfriend," Whipple said, adding he never explained why it took him two years to call.

Is this woman a lawyer by any chance? Stick a Concordance-equipped computer in front of her, and let the doc review begin. She'll bill 3000 hours without breaking a sweat.

So, who has the movie rights? If they can make a feature film about a guy who took up residence at JFK Airport, surely they can do something with this amazing tale. Casting suggestions?

Sheriff: Woman sat on boyfriend's toilet for 2 years [Associated Press]

Lawyer of the Day: Harry Batchelder
(And Court Reporter of the Day: Ron Tolkin)

The Empire State is sending all sorts of craziness our way lately. From the New York -- no, not the Washington -- Post:

A female federal prosecutor was viciously attacked by a hulking, razor-wielding drug dealer in a Brooklyn courtroom yesterday - and was saved when the thug's 72-year-old lawyer and others tackled him.

"He was going to slash her throat," said defense lawyer Harry Batchelder, who, along with a court reporter and two marshals, slammed Victor Wright, 27 [or 37?], to the ground and grabbed an inch-long razor blade from him.

stenographer court reporter advertisement Above the Law blog.jpgCriminal defense lawyers are badass -- even the septuagenarians. And don't forget the court reporter:

"Why don't you try me instead of her?" stenographer Ron Tolkin shouted at the cowardly criminal as he leaped on Wright, before the group fell to the ground in a heap.

Both the elderly lawyer and Tolkin, 60, are former military men who served in Vietnam.

And what about Judge Frederic Block (E.D.N.Y.) -- what did he do? From Newsday:

Block immediately left the bench after the melee started, and more marshals rushed into the courtroom and helped subdue Wright, court officials said.

That's too bad. This story would have been perfect with the addition of a black-robed avenger, whacking the criminal into submission with a gavel.

P.S. Despite our admiration for federal judges qua judges, if we needed to be defended against a knife-wielding lunatic, we'd go with a state court judge any day of the week. E.g., Judge Ira Robinson.

RAZOR MANIAC JUMPS FED PROSECUTOR IN COURT [New York Post]
Drug dealer attacks 2 in Brooklyn courtroom [New York Newsday]

Ex-Judge of the Day: John Brennan

Since yesterday, when the big Eliot Spitzer news broke, we've been on a bad-behavior kick here at ATL. So let's keep going down that path. A tipster sent us a juicy story, with this intro:

This is wild. And by wild, I mean INSANE... He's 61. She's 25. He likes booze, cocaine, and turtlenecks.
How's that for a teaser? From the Albuquerque Journal (subscription):
John Brennan Judge John Brennan New Mexico Above the Law blog.jpgPolice drew their guns and broke open a door to get former District Court Judge John Brennan to stop choking his 25-year-old girlfriend, according to Albuquerque police reports released Monday.

According to the reports, Brennan, 61, appeared to be extremely intoxicated, denied that he attacked the woman and was wearing only a mock turtleneck and gray underwear when confronted by officers.

Brennan was arrested on charges of domestic violence, kidnapping and aggravated battery against a household member in connection with the Sunday incident. He made his first appearance in Metropolitan Court on Monday.

Well, good for him for having a girlfriend young enough to be his granddaughter (at least in our nation's more rural areas).

More details -- and yes, once again, allegations of prostitute involvement -- after the jump.

Continue reading "Ex-Judge of the Day: John Brennan"

Texas and Alabama Still Hot and Bothered Over Sex Toys; Guns OK

Love.jpgMarc J. Randazza fills us in on the Texas sex toy ban, just struck down by the Fifth Circuit. According to Marc, the arguments for outlawing the sale of toys for your pleasure-parts are thus:

(1) If the Texas dildo law is invalidated as an improper encroachment upon personal liberty, this will open the floodgates, and laws on bigamy and incest will be struck down too.

(2) Striking down the law “impermissibly overrides state lawmakers’ settled ‘authority to regulate commercial activity they deem harmful to the public’” (naturally citing a dissenting opinion from the 11th Circuit).

Marc slams the arguments for his own well-articulated reasons at the link. To us, the first argument is a slippery (heh) slope argument, which is usually a weak logical tactic. The second argument is stronger, although we’d like to see a list of reasons why sex toys are so harmful.

It is still illegal to sell sex toys in Alabama. The U.S. Supreme Court declined to hear an Alabama case in 2007 on the subject, so the lower court’s ruling (upholding the ban) remains intact. This quote, from Alabama store owner Sherri Williams (the store’s name is “Pleasures”) sums up the passion of people across the Southland who find the ban ridiculous:

“My motto has been they are going to have to pry this vibrator from my cold, dead hand. I refuse to give up,” she said.

You go, girl. By contrast, guns are perfectly legal in both states.
Texas -- Still Obsessed With Dildos [Legal Satyricon]

From the Department of Dubious Defenses: Shouting Fire in a Crowded... Airport?

Star Simpson MIT student fashion Above the Law blog.jpgIn the wake of our recent post about a dubious defense, here's another one:

A lawyer for an MIT student held at gunpoint after she walked into Logan International Airport wearing what authorities believed was a bomb asked a judge to throw out the charges Friday, saying the device was a legitimate form of free speech....

Thomas Dwyer Jr., a lawyer for Simpson, said his client didn't think her shirt would scare anyone. He said she'd been wearing the shirt for several days on the Massachusetts Institute of Technology campus, and it had not alarmed anyone....

"People make these objects part of their identity. It's a part of their personal expression," he said. "They are legitimate forms of First Amendment expression."

Writes Blogonaut:

[A] 9mm round from an airport police handgun might be a legitimate “free speech” reply to a person with a battery-powered rectangular device on their chest with flashing lights and apparent plastic explosive in their hands.

The marketplace of ideas. Ain't it grand?

P.S. Is the Tom Dwyer involved in this case the well-regarded Thomas E. Dwyer, Jr., of Dwyer & Collora (formerly Dwyer, Collora & Gernter, before Nancy Gertner was appointed to the federal bench)? If so, we'd expect a former state and federal prosecutor to offer a more compelling defense.

P.P.S. In fairness to Dwyer, another argument he's making -- that state law does not clearly define a "hoax device" -- seems stronger.

Woman charged with wearing fake bomb says device was free speech [Worcester Telegram via Blogonaut]

Earlier: From the Department of Dubious Defenses

ATL Public Service Announcement: Men of Dallas, Be Afraid

Judge of the Day: Hilton Fuller

Hilton Fuller Judge Hilton Fuller Brian Nichols Above the Law blog.jpgThis has been all over the news. We like the ABA Journal's version, 'cause it's the crispest:

The Atlanta judge overseeing the prosecution of alleged courthouse shooter Brian Nichols has stepped aside from the case after he was quoted [in a New Yorker article] as saying, “Everyone in the world knows he did it.”

The New Yorker piece was by one of our idols, prosecutor-turned-writer Jeffrey Toobin (who launched our blogging career, with this Talk of the Town piece). Judge Fuller and Jeff Toobin were interviewed by the Fulton County Daily Report about the controversy:

"I had a specific agreement with Toobin," said Fuller on Tuesday, before announcing his recusal. "Our conversation was to be on background only, and there would be no direct quotations or attributions, unless they were floated by me first."

Not so, said Toobin, reached in New York. "I don't know what to say," he said. "I mean, it was clearly for attribution; we even had a New Yorker fact-checker call and confirm it. ... I have great respect for Judge Fuller, but that was not at all my understanding."

We're with the meticulous Toobin on this one. In fact, we share the suspicion of one of the correspondents who wrote us about this story: Was Judge Fuller's indiscretion intentional? Was it his way of getting out from under a long and complex nightmare of a case?

Judge Recuses From Courthouse Shooting Case Due to New Yorker Quotes [ABA Journal]
Judge Fuller recuses from Nichols case [Fulton County Daily Report]
Judge in Courthouse Shooting Case Steps Down [New York Times]
Death in Georgia [The New Yorker]
New Yorker Quote Leads to Atlanta Judge Recusal [WSJ Law Blog]

Lawyer of the Day, People's Choice: Beth Modica

Beth Modica Elizabeth Modica prosecutor sex teenage boys Above the Law blog.jpgFor Monday's Lawyer of the Day, we faced an embarrassment of riches -- of embarrassment. So we nominated a quintet of contenders: a North Carolina lawyer caught reading Maxim in court, a former prosecutor who allegedly had sex with two teenage boys, an AUSA arrested on DUI charges, a Canadian lawyer/politician who allegedly overbilled an order of nuns, and a Chicago lawyer who keyed a Marine's car. Then we had you vote on who should take the honors.

Participation was enthusiastic, with almost 1,300 votes cast. Two contenders emerged early in the voting: Beth Modica, the allegedly predatory prosecutrix, and Jay Grodner, who pleaded guilty to keying the Marine's vehicle. Competition was fierce. But in the end, Mrs. Modica came out on top.

So congratulations, Beth Modica. You take the prize as Monday's Lawyer of the Day!

Read more about her alleged misadventures, after the jump.

Continue reading "Lawyer of the Day, People's Choice: Beth Modica"

Lawyer of the Day: James Jackson

Pinoy Power Filipino Power Nena Ruiz Above the Law blog.jpgUnlike yesterday -- and by the way, we'll keep the reader poll open for a few more hours -- today we have no difficulty picking our Lawyer of the Day. Hollywood lawyer James Jackson maltreated his Filipino maid. We do not like it when you mess with our peeps.

From the AP (via Law.com):

A former Hollywood studio attorney and his wife were sentenced Monday for abusive treatment of their Filipino maid in a case federal prosecutors said "amounts to modern-day slavery."

James Jackson, the former vice president of legal affairs at Sony Pictures, was ordered to perform 200 hours of community service and pay a $5,000 fine. His wife, Elizabeth, was sentenced to three years in prison after her attorneys unsuccessfully pleaded for her to receive home detention.

These Hollywood types are ruthless (we've watched "Entourage"). Studio lawyers make Biglaw partners look like social workers. Consider the treatment alleged by the former maid in her civil suit against the couple:

[Former maid Nena] Ruiz claimed in her civil lawsuit that Elizabeth Jackson regularly slapped her and pulled her hair. She also said she was forced to sleep on a dog bed and was given three-day-old food to eat even as she was expected to clean and provide fresh fruit to the Jacksons' pets. The Jacksons only paid her $300 for her work....

See? Studio lawyers are meaner than law firm partners. At least associates get paid $160K for their suffering.

Happily, Nena Ruiz ultimately made out quite well. She was awarded $825,000 in damages by the jury that heard her case.

P.S. In fairness to Mr. Jackson, it appears that much of the abuse was perpetrated by his wife. In her allocution, Elizabeth Jackson told the court: "In my life I have always tried and strived to do the right thing. I failed in this case." Um, yeah.

P.P.S. A tipster observes: "Is it just me, or have these modern-day slavery stories been popping up a lot lately? See here."

Former Sony Pictures Lawyer and Wife Sentenced in Forced Labor of Filipino Maid [AP via Law.com]
Hollywood couple sentenced in Filipino maid 'slave' case [AFP via Philippine Inquirer]
In Pictures: Long Island Slaver Family On Facebook [Gawker]