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….
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….
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….
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.
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….
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….
* 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]
* 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]
* 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]
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….
* 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]
* Opponents of “three strikes” hope that the SCOTUS decision requiring California to reduce its prison population by 33,000 inmates will help them to repeal three strikes. Four balls, standing eight count, and wicked googly are among sports terms vying to take its place. [San Diego Union Tribune]
* A law firm librarian in New Jersey is suing her old firm and police for being falsely arrested and accused of pulling a fire alarm in the law firm’s building. This lawsuit is long overdue. Dewey even need to check out the complaint? Folio microfiche rare books. [New Jersey Law Journal]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
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