Prisons

Stephen McDaniel Indicted for Murder of Lauren Giddings

By David Lat

Stephen McDaniel

This should not come as a great shock, since he’s been in jail since July, but Stephen Mark McDaniel has been indicted by a grand jury for the murder of Lauren Giddings. McDaniel and Giddings graduated earlier this year from Mercer Law School, where they were classmates, and they were also neighbors in the Barristers Hall apartment complex in Macon, Georgia.

In addition to being charged with the Giddings murder, McDaniel has been indicted for other creepy crimes….

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Morning Docket: 11.14.11

By Staci Zaretsky

* Pennsylvania may have new child abuse reporting requirements by the year’s end. Apparently the key to efficiency in state government is to sully the reputation of the state’s pride and joy. [CNN]

* “There is always room for a good law school, regardless of the climate.” Say hello to Peter C. Alexander, the founding dean at the Indiana Tech law school that nobody wants. [Journal Gazette]

* The hunt for the remains of Mercer Law grad Lauren Giddings is playing out like an episode of Scooby Doo. Will the gang be able to investigate at Old Man Jenkins’s Browning’s farm? [Macon Telegraph]

* A paralegal-cum-prisoner is suing over his soy-based diet, saying it’s cruel and unusual punishment. He’s doing life for child sexual battery, so I say bring on the soy! [New York Times]

* Lat once said that lawyers are like cockroaches: you can’t kill them. Probably why this lawyer bugged out when he saw his creepy-crawly brethren on an AirTran flight. [New York Daily News]

Non-Sequiturs: 10.26.11

By Elie Mystal

Leah Ward Sears

* Leah Ward Sears, who shows up on SCOTUS shortlists, wants to impose a mandatory waiting period… on divorces. It’d be interesting to live in a country where you had to wait for a year to get rid of your spouse, but not to buy a gun. [Slate]

* Speaking of marriage…. Tara Reid was maybe engaged to an accountant? [Going Concern]

* Trust me, nobody buys off your ATL bloggers. Without us disclosing it. Because it’s not a bribe if you like money and don’t care who knows about it. [Gawker]

* The study doesn’t say that fat people are more likely to miss work; it says that unhealthy people are more likely to miss work. That’s why I discriminate against thin little stress balls that have a conniption every time they see a slice of chocolate cake. [Business Insider]

* Wait, we have a prison rape elimination act? Did we only just now decide that prison rape should be stopped? But it doesn’t apply to everybody in prisons? I’m so confused. [ACLU: Blog of Rights]

* At least Ken Jennings isn’t going to law school. [Ken Jennings]

Stephen McDaniel’s Ex-Roommate Speaks: Say Hello to Thad Money

By David Lat

Would you want this man as your roommate?

The cast of characters in the criminal case against Stephen Mark McDaniel, the 25-year-old Mercer Law School alumnus accused of killing his neighbor and classmate, Lauren Giddings, continues to grow. Last week, the existing players — the wild-haired defendant, his super-religious mother, the good ol’ boy defense lawyer, the handsome handyman, the 58-year-old law student — were joined by a fellow with the improbable name of Thaddeus Money. Who happens to be a financial advisor, amazingly enough.

Thad Money, a former roommate of Stephen McDaniel, came to public attention last week when his name was mentioned at McDaniel’s magistrate court hearing. In building their case against McDaniel, Macon police are relying in part on Money’s recollections of the defendant.

After the hearing, Thaddeus Money gave an interview to the Macon Telegraph. Let’s learn more about this young man, and hear what he has to say about his ex-roomie….

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Probable Cause Found Against Stephen McDaniel in Lauren Giddings Murder Case

By David Lat

Glenda McDaniel and Mark McDaniel, parents of Stephen McDaniel, arriving at court this morning.

Bad news keeps on coming for Stephen Mark McDaniel, 25, the recent Mercer Law School graduate accused of killing Lauren Giddings, his former neighbor and classmate. This morning a judge found probable cause in the murder case against McDaniel, which will now be bound over to Bibb County Superior Court. The judge also denied bail to Stephen McDaniel, who has been in Bibb County jail since July 1 (on unrelated burglary charges; he also faces kiddie porn charges).

We were fortunate enough to have a reader at this morning’s hearing. Let’s hear what this roving reporter has to say….

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Chilling Internet Postings Linked to Stephen McDaniel

By David Lat

Stephen McDaniel

It seems that Stephen Mark McDaniel just can’t catch a break. First the recent Mercer Law School graduate gets accused of murdering his former neighbor and classmate, Lauren Giddings. Then he’s hit with lurid charges of child pornography possession. He has been in Bibb County jail for almost two months, and the incarceration has been taking its toll on him.

And now, according to the Macon Telegraph, Stephen McDaniel is being fingered as the author of some exceedingly creepy postings to internet message boards. If the claims of his authorship are true, they will definitely not help his case.

We’ve called the postings “chilling” and “creepy,” but you don’t have to take our word for it. Check them out for yourself….

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Hacksaw McDaniel Accused of Child Pornography Possession

By David Lat

Stephen McDaniel

Things just got a lot more complicated for Stephen McDaniel, the 25-year-old Mercer Law School graduate accused of killing his former neighbor and classmate, Lauren Giddings. As we mentioned last night, McDaniel has been hit with seven charges of sexual exploitation of children.

So even if McDaniel is cleared of the Giddings murder, he’s still looking at a whole host of other allegations. As you may recall, what originally landed him in the Bibb County jail were two counts of burglary (namely, filching condoms from other apartments at the Barristers Hall complex). Now he stands accused of child pornography possession, facing possible exposure of five to 20 years in prison on each charge.

At the time we originally mentioned the kiddie porn charges yesterday, we didn’t have the dirty details. Now we do.

If you have the stomach for it, keep on reading….

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The Lauren Giddings Murder Investigation: Some Updates

By David Lat

Lauren Giddings

It has been a few weeks since we last wrote at length about the investigation into the murder of Lauren Giddings. As you may recall, Giddings was a recent graduate of Mercer Law School whose decapitated torso was found on June 30 in Macon, Georgia.

A former neighbor and classmate of Giddings, Stephen M. McDaniel, 25, has been charged with her murder. McDaniel is being held at the Bibb County jail, where he has been for several weeks.

There have been a few recent developments in the case — nothing major, but still worth noting….

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Non-Sequiturs: 08.15.11

By Elie Mystal

* Howrey’s pre-Labor Day, everything must go, furniture sale. Don’t miss it. [Am Law Daily]

* CBS settles the case with two women suing Dr. Phil for unleashing a naked dinner guest on them for his show. I’m not sure if this is a case of two really uptight women or one really ugly dude, but I do know that alcohol would have solved this problem better than any counseling Dr. Phil could have provided. [Lowering the Bar]

* This is a touching little profile on life on the inside for Hacksaw McDaniel. [Macon Telegraph]

Obamacare!

* Obama is confident Supreme Court will uphold Obamacare? Did a justice die while I was away and nobody told me? [WSJ Law Blog]

* Do you think any of these new law firm models can use a thousand highly paid yet unskilled associates straight out of law school for a limited time until they go on to do actually interesting things with their lives? Oh, no reason, I was just asking. [Legal Blog Watch]

* This list of organizations who heavily contributed to members of the Deficit Super Committee includes Skadden. Actually, it looks like many lawyers are heavily invested with these politicians. [Maplight]

Non-Sequiturs: 08.11.11

By David Lat

Judge Terence Evans

* Professor Eugene Volokh poses this question to his readers (we considered a similar query before): “I Got Awful Grades My First Year in Law School. Should I Quit?” [Volokh Conspiracy]

* I’m not that familiar with canon law, but I don’t think it looks favorably upon alleged groping of teenage girls. [La Crosse Tribune]

* Professor Douglas Berman wonders if there should be a social networking website designed for use by prisoners. (Commenter challenge: come up with a name for this “Facebook for jailbirds” social network.) [Sentencing Law and Policy]

* Stroock stricken with lawsuit by former partner. [Am Law Daily]

* Professor Paul Horwitz’s (thoughtful and measured) response to the law prof turned scamblogger. [Prawfsblawg]

* Seventh Circuit Judge Terence Evans, RIP. [Milwaukee Journal-Sentinel]

The Collected Writings of Stephen McDaniel

By David Lat

Stephen Mark McDaniel

In prior coverage of Stephen Mark McDaniel, the Mercer Law School graduate accused of murdering his former neighbor and classmate, Lauren Giddings, we alluded to several emails that Stephen McDaniel sent to some of his classmates. Some students found the emails, which reflected McDaniel’s conservative political views, to be strange or disturbing.

Thanks to the kindness of several tipsters, we now have copies of some of the emails sent around Mercer Law by Stephen M. McDaniel. We will now share them with you, so you can judge for yourself whether there is anything in this correspondence that is troubling or problematic….

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A Portrait of the Accused as a Young Man (Plus a reader poll: innocent?)

By David Lat

Stephen McDaniel

Revelations continue to spill forth regarding Stephen Mark McDaniel, 25, the recent Mercer Law School graduate accused of killing his former classmate and neighbor, Lauren Giddings.

On Saturday, the Macon Telegraph reported on a theory that Stephen McDaniel was framed for the murder of Lauren Giddings. This theory was advanced by McDaniel’s mother, Glenda McDaniel, who steadfastly maintains her son’s innocence. As commentator Kenny Burgamy aptly noted in the Telegraph, “A mother’s love is instinctual, unconditional and forever.”

Yesterday the Telegraph followed up with a detailed profile of Stephen McDaniel, looking at his childhood, family background, and college years. It’s a great read; check it out in full over here.

To whet your appetite, let’s cover the highlights….

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Has Stephen McDaniel Been Framed in the Lauren Giddings Murder?

By David Lat

Stephen McDaniel

In our coverage of Stephen Mark McDaniel, the 25-year-old Mercer Law School graduate who has been charged with the murder of Lauren Giddings, his former classmate and neighbor, we have repeatedly stressed that McDaniel remains innocent until proven guilty. We have pointed to past examples of individuals who were viewed by the public as almost certainly guilty of particular crimes, but who turned out to be innocent — such as Gary Condit and Richard Jewell, to say nothing of the numerous prisoners who have been freed thanks to DNA evidence.

It is therefore appropriate to ask at this time: Has Stephen McDaniel been framed for the murder of Lauren Giddings?

Let’s look at some of the theories — and the evidence — suggesting this might be the case….

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The Plot Thickens: Say Hello to ‘Hacksaw McDaniel’

By David Lat

Stephen 'Hacksaw' McDaniel

In last night’s story about Stephen Mark McDaniel, the recent Mercer Law School graduate accused of murdering his former neighbor and classmate, Lauren Giddings, we tried to come up with a Nancy Grace-style nickname for the accused. Inspired by Tot Mom, Nancy Grace’s moniker for Casey Anthony, one reader suggested “Chain Mail Man” (based on McDaniel’s penchant for wearing chain mail to his law school classes).

In light of new evidence that has come to light, however, a better nickname has emerged for Stephen McDaniel. Until a superior option presents itself, the defendant may occasionally be referred to in these pages as “Hacksaw McDaniel.”

What is the basis for this new handle? Let’s take a look at the arrest warrant for Stephen M. McDaniel, which lays out the gruesome particulars….

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A Closer Look at Stephen McDaniel, Lauren Giddings, and Mercer Law School

By David Lat

Stephen McDaniel

I just realized that I share several things in common with Stephen Mark McDaniel, the recent Mercer Law School graduate who has been charged with the grisly murder of his former classmate, Lauren Giddings.

During law school, I served as vice-president of my law school’s Federalist Society chapter. So did Stephen McDaniel (under Lauren Giddings, who served as president).

Through the Federalist Society, I got to meet one of my heroes, Justice Clarence Thomas. So did Stephen McDaniel, who expressed his admiration for Justice Thomas’s integrity.

I once aspired to be a prosecutor and a federal judge. So did Stephen McDaniel, who hoped to serve as a prosecutor on his way to realizing his dream of serving on the U.S. Supreme Court.

Stephen McDaniel’s mother, Glenda McDaniel, once asked her son whether romance was possible between him and any woman. My mother has posed similar questions of me.

Lauren Giddings

And this, thankfully, is where the similarities end. My hair, while sometimes problematic, doesn’t look like the result of “a grizzly bear banging Bob Marley’s mom” (as one ATL tipster described McDaniel’s mane). In law school, I wore khakis and button-down shirts to class, not chain mail (which doesn’t sound very comfortable). I have never been accused of burglarizing apartments (to steal condoms). And I’ve certainly never been accused of murder.

As we reported last night, Stephen M. McDaniel, 25, has been charged with the horrific murder of Lauren Giddings, 27, a bright and beautiful recent graduate of Mercer Law. Giddings’s decapitated torso was found on June 30. The search for the rest of her remains continues.

Let’s take a closer look at this deeply disturbing case….

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Breaking: Stephen McDaniel Charged With Murder of Lauren Giddings

By David Lat

Stephen McDaniel

A recent graduate of Mercer Law School in Macon, Georgia, Stephen Mark McDaniel, has been charged with murder, according to inmate information posted tonight on the website of the Bibb County Sheriff’s Office. As you may recall, Stephen McDaniel was a neighbor and classmate of Lauren Giddings, the slain Mercer Law graduate whose torso was found on June 30, inside a trash bin just outside her apartment building.

McDaniel, 25, was previously identified as a person of interest in the killing of Lauren Giddings, 27. He is currently being held in Bibb County jail, having been charged with two counts of burglary in an unrelated case.

Bibb County jail records are how the murder charge against McDaniel came to light. Let’s take a look at Stephen McDaniel’s inmate information sheet….

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Non-Sequiturs: 08.01.11

By David Lat

* A federal judge in Kansas has given Planned Parenthood’s Abortionplex a new lease on life. [WSJ Law Blog]

* What? A former Supreme Court clerk who got passed over for a job at a law school? Nicholas Spaeth, who’s also the former state attorney general for North Dakota, is suing the Michigan State University College of Law, for age discrimination. [The BLT: The Blog of Legal Times via SBM Blog]

* Interesting thoughts from Scott Greenfield on making executions public. I certainly don’t oppose more-comprehensive coverage of the criminal justice system in general. [Simple Justice]

* Elsewhere in criminal justice news, should prisons be run on a voucher system? Dan Markel offers some thoughts on Sasha Volokh’s interesting proposal. [PrawfsBlawg]

* An interesting profile of Alan Gura, the celebrated Second Amendment litigator, by a fellow small-firm lawyer, Nicole Black. [The Xemplar]

* Hopefully this will all become moot after a deal gets done, but remember the Fourteenth Amendment argument for Obama unilaterally raising the debt ceiling? Jeffrey Rosen thinks a lawsuit against Obama would get kicked for lack of standing — or might even prevail. [New Republic]

* But Orin Kerr believes that a recent SCOTUS case might change the analysis. [Volokh Conspiracy]

* Howrey going to pay all the creditors? A lot turns on how some contingency-fee cases turn out, according to Larry Ribstein. [Truth on the Market]

* From in-house to the big house: former general counsel Russell Mackert just got sentenced to more than 15 years in prison for his role in a fraud scheme. [Corporate Counsel]

* Keep It Simple: a commendable theme for Blawg Review #313. [Patent Baristas via Blawg Review]

Non-Sequiturs: 07.28.11

By Elie Mystal

Sheryl Crow

* I’m standing in the middle of a desert, waiting for my ship to come in. But now no joker, no J.D. degree, can take your losing hand, and make it win; you should be leaving Las Vegas. [WSJ Law Blog]

* If Miami Law could somehow figure out a way to actually do this, they would usher in a new era where law schools might still be expensive, but not useless. At some point, the way we educate future lawyers has to change, doesn’t it? [Roy Black]

* The law and law enforcement will always be behind the curve when trying to police cutting-edge techniques employed to unwittingly photograph naked women. Still not sure if you want to click on the link? How about: “This is why Kash is afraid to pee.” [Not-So Private Parts / Forbes]

* I don’t understand and/or don’t care why so many lawyers have a problem with the “and/or” construction. [Legal Blog Watch]

* Listening to Lat and Bess Levin discuss the various things can happen to meth users was the highlight of my day at the office, but seriously kids, don’t do drugs. [Dealbreaker]

* What do you get for the billionaire who has everything? His own prison. [Sentencing Law & Policy]

Chris Christie

* Wait, John Grisham stories are fictional? Man, I always thought that nobody offered to pay off my debts and buy me a house and a car in Memphis because of my race. [ABA Journal]

* New Jersey Governor Chris Christie is going to be okay. [Slate]

* Scott Drake asked me to do a podcast just after I read Rick Matasar’s response to the New York Times. This recording was made after I calmed down. [Legal Broadcast Network]

Video Arraignments Save Money and Make Judges Feel Safer

By Christopher Danzig

Maybe I’m just naive, but I find the concept of conducting any courtroom business via video enthralling but also a bit unnerving. It seems so inconsistent with the mythical and timeless ideals of the hallowed halls of justice, yadda yadda yadda.

Whether we like it or not, however, video conferencing is creeping into courthouses across the country. For example, as I previously reported, a Georgia court let a criminal witness testify via Skype.

Last week a government survey revealed that Pennsylvania state courts conduct more than 15,000 video conferences each month. More than half were preliminary arraignments, but the state used videoconferencing for warrant proceedings, bail hearings and sentencing hearings, too.

According to the survey, not only does video conferencing save the state a boatload of money, it also saves magistrate judges from having to personally interact with the pesky “derelicts” charged with crimes.

Keep reading to find out how virtual arraignment conserves dollars and judicial peace of mind….

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Non-Sequiturs: 05.31.11

By David Lat

Rachel Brand

* High-powered litigatrices on the move: Rachel Brand and Kate Comerford Todd, two fabulous members of The Elect, are joining the National Chamber Litigation Center — where they will contribute to the Chamber’s impressive track record of litigating against excessive regulation. [The BLT: The Blog of Legal Times]

* Was it Anthony Weiner’s wiener that went out over Twitter? The congressman isn’t saying. [Daily Caller via Instapundit]

* Professor Sasha Volokh floats the intriguing idea of prison vouchers: “What would the world look like if, instead of assigning prisoners to particular prisons bureaucratically, we gave them vouchers, good for one incarceration, that they were required to redeem at a participating prison?” [Volokh Conspiracy]

* Dance protests aren’t allowed at the Jefferson Memorial, but might they be coming to Apple stores? [TaxProf Blog]

* An update on “don’t ask, don’t tell” developments. [Metro Weekly]

* This should be interesting: disgraced ex-judge Sol Wachtler tells all. [92YTribeca]

* A moving Memorial Day edition of Blawg Review. [Securing Innovation via Blawg Review]