We’ve already mentioned the recent arrest of acclaimed film director Roman Polanski (pictured at right, with uber-hottie Adrien Brody). But it’s a slow news day controversial, so we’d like to give you a chance to discuss it in more depth.

Over at the WSJ Law Blog, Ashby Jones has a nice write-up. He explains the background:

The Oscar-winning film director was arrested on Sunday in Zurich on a 31-year-old warrant issued in the U.S. for having sex with a 13-year-old girl in 1977. Polanski was arrested, at the request of the United States, as he jetted into Switzerland to collect an award for his life’s work.

Local police arrested Polanski at the airport upon his arrival in Zurich, where he was to receive a lifetime-achievement award at the Zurich Film Festival. Polanski was jailed pending a decision on whether to extradite him to the U.S., according to the Swiss Justice Ministry….

Polanski fled the U.S. in 1978 after he pleaded guilty to having had sexual intercourse with girl — the allegation was that he gave the girl alcohol and part of a quaalude before raping her. Since then, he has lived in France, where he was born. French authorities refused to extradite him to the U.S., claiming that his crime didn’t fall under those covered by treaties between the two countries.

According to ABC News, which obtained comment from Polanski’s French lawyer, the director plans to fight extradition.

Should the authorities keep pursuing Polanski? Some pros and cons, plus a reader poll, after the jump.

One University of San Diego Law School student isn’t worrying about deferrals. He’s worrying about defense strategies. From the San Diego Union-Tribune:

A 30-year-old Marine Corps captain will face a court- martial Feb. 8 on rape and other charges involving three University of San Diego students in April 2007, a judge ruled today.

At the time of the alleged crimes, Capt. Douglas S. Wacker was on unpaid leave from the military to pursue a law degree at the university and on a spring break trip to New Orleans with the three alleged victims.

So not a very fun spring break trip for those San Diego law students.

According to the Union-Tribune, the New Orleans D.A. and a USD administrative board both looked into the allegations and decided not to pursue them, even though — according to one USD student — Wacker’s a “creeper”:

This guy was a 3L last year and was on the moot court board. A lot of people thought he was a real creeper.

Wacker may well be a creeper, but whether he’s a rapist is yet to be determined. The University of San Diego won’t be giving him a degree until that’s sorted out though. The University’s message to students AND an update — analysis from a lawyer and former Marine as to Wacker’s fate — after the jump.

We’ve covered the legislative twists and turns of same-sex marriage fairly closely here at ATL. But there was one notable court case we missed back in March.

We thought Dr. Li-Ann Thio’s description of anal sex as “shoving a straw up your nose to drink” was graphic, but this article by the Register on attempted same-sex female marital rape is even more explicit:

A Massachusetts woman has appeared in court on a domestic assault and battery rap after allegedly attempting to impregnate her wife with a plastic syringe containing her brother’s sperm.

Stephanie K Lighten, 26, of Pittsfield, was reportedly “all liquored up” when she made unwelcome advances towards her other half, 33-year-old Jennifer Lighten. Jennifer explained to officers that Stephanie “had been talking about trying to impregnate her for some time”, and that she’d accordingly armed herself with a “turkey baster and her brother’s semen in a sealed container”.

According to Lez Get Real, there were no rape charges per Jennifer’s request, just a domestic assault and battery charge.

Apparently these lovebirds were able to put the turkey baster incident behind them. We checked in with the Central Berkshire District Court and found out the case was dismissed in April.

US woman attacks missus with sperm-filled syringe [Register]

Pop quiz: You are a local prosecutor, and you’ve obtained pictures of an alleged rape. The pictures show the alleged violation taking place — the victim and the alleged assailant — as well as other teenagers drinking and partying. You should:

(a) Use the pictures as evidence when you prosecute the rapist.

(b) Put the pictures in a file and never look at them again (if you determine that the pictures show consensual sex).

(c) Do not charge the alleged rapist, but show the pictures to parents in your community.

If you answered (c), then you must be from Kansas. Click on the link below so Kash can tell you how they help parents in the heartland.

The bad idea file: Using sexual assault photos as an educational tool [True/Slant]

As we’ve previously noted, when it comes to disputes between lawyers and their former firms, there are several sides to every story. For example, compare Yolanda Young’s claims against Covington & Burling with the firm’s response (PDF).

We try to cover both sides of these controversies. Having previously covered Roofiegate — aka Moor v. Bingham McCutchen, a complaint filed by ex-associate Michelle Moor against the firm, alleging that she was slipped a date rape drug at the firm’s holiday party — we now bring you this update.

The Massachusetts Commission Against Discrimination (MCAD) has dismissed Michelle Moor’s complaint:

Based upon the Commission’s investigation, the Commission is unable to conclude that the information obtained establishes a violation of the statutes. This does not certify that the Respondent is in compliance with the statutes. No finding is made as to any other issues that might be construed as having been raised by this complaint.

Details, plus a link to the Commission’s ruling, after the jump.

* If you lie to get sex — and succeed — is that rape? [Volokh Conspiracy]

* What are the best case names ever? [Supreme Dicta]

* I’m still waiting for somebody to give me one good reason for the third year of law school. Anyone? All of my loan repayment checks say, “For 1L year only.” (Yes. The vast majority of them bounce). [The Shark]

* What to watch for during today’s associate video conference at Heller Ehrman. [Heller Highwater]

No, not really. The sensationalist headline of this post is issued with tongue planted firmly in cheek.

But yes, the U.S. Supreme Court just handed down two big opinions, ruling in favor of Exxon (vacating the Ninth Circuit’s affirmance of the $2.5 billion punitive damages award to victims of the Exxon Valdez oil spill) and a child rapist (holding that imposing the death penalty for child rape, in a case where defendant’s acts were not intended to cause death, violates the Eighth Amendment).

Still at large: Heller, the D.C. gun control case. Tom Goldstein speculates that Justice Scalia will be writing the principal opinion.

For more on today’s rulings, see the links below. If you have an opinion on them, please share it in the comments.

LiveBlog: Opinions | 6.25.08 [SCOTUSblog]
Supreme Court Rejects Death Penalty for Child Rape [AP]
Justices Cut Damages Award in Exxon Valdez Spill [AP]

Some people just can’t stay out of trouble. As soon as they get out of one scrape, they find themselves in another.

Take Gary Zerola, the dashing ex-prosecutor who was once named a “Most Eligible Bachelor” by People magazine. We named him Lawyer of the Day back in October 2007, after he was arrested in Miami for allegedly drugging and raping a college student.

As we previously reported, Zerola went to trial on rape charges in a different case and prevailed. In a second rape case, he was acquitted again. Charges in a third case, the Miami matter we originally wrote about, were dropped.

Now Gary Zerola is back in the news. From the Boston Globe:

Gary Zerola, a former prosecutor who was acquitted of rape charges, pleaded not guilty today in Boston Municipal Court to assault and battery on a police officer and other charges, after an incident downtown during Celtics victory celebrations last night.

Police apprehended Zerola at 1:45 a.m. after he was allegedly spotted urinating in public near State and Congress streets, according to Jake Wark, a spokesman for the Suffolk District Attorney’s office. When asked what he was doing, Zerola allegedly used an open hand to strike a police officer in the upper right shoulder, Wark said.

Weak sauce, Gary. If you’re going to hit a cop, make a closed fist.

Zerola, 36, ran but was quickly arrested on charges that also included disturbing the peace and resisting arrest. Judge Tom Horgan released Zerola on personal recognizance and scheduled a pretrial conference for Aug. 7.

Sounds undignified. Did he try to flee with his pants around his ankles? Was a big wet spot visible when he was arrested?

Former prosecutor, acquitted of rape, faces Celtics celebration rowdiness charge [Boston Globe]
Boston ‘Eligible Bachelor’ Who Escaped Rape Charges Arrested for Alleged Indecent Exposure, Assault [Fox News]

A 16-year-old girl posted a cry for help on YouTube two weeks ago. She was allegedly drugged and raped by a 23-year-old man. In the video, she does not name the rapist, but instead focuses on her disappointment that the Florida state attorney’s office refused to prosecute the case.

CNN picked up on the story this week. Their take is that young people are using social networking sites to talk about sexual assault. From a legal perspective, we think using YouTube as a forum to criticize the justice system is the more interesting aspect. CNN touches on that as well:

But counselors said survivors are going to look wherever they can to find help and comfort, particularly when they don’t get it through the court system.

Fewer than 5 percent of reported cases in Florida make it to a prosecutor’s office, Dritt said. Whether because of lack of forensic evidence or because many are he said/she said accounts, rape cases can be very difficult to try.

“What you hear from every rape crisis center from Pensacola to Key West is that there are hardly ever any prosecutions,” she said. “Most sexual violence is acquaintance rape, and unfortunately, a lot of juries still think that if a victim had a relationship with their attacker, then they cannot be raped by that person.”

According to CNN, the case was dropped because the victim and the accused had an ongoing sexual relationship and the prosecutor concluded that their sex was consensual. Jezebel points out that the victim was just 15 at the time, and unable to give consent according to Florida law. We wonder how this will play out for Lawson Lamar, the state attorney for this district.

Teen alleging rape turns to YouTube [CNN]
Teenage Rape Victim Turns To YouTube For Help [Jezebel]
A 16 year old rape victim needs help [YouTube]

As litigators know all too well, there are two — or more — sides to every story. Unfortunately, in many controversies involving law firms, we never hear the firm’s side (usually because they clam up — we try to pressure them give them incentives them to talk, but we don’t always succeed).

Earlier today, we reported on allegations made by a former associate at Bingham McCutchen in Boston. Michelle Moor claimed that (1) she was drugged at the firm holiday party; (2) a fellow Bingham associate told Moor that she had also been drugged — and then raped — by a Bingham employee the year before; and (3) a male employee at the firm “made ‘a number of alarming sexually inappropriate comments’ about ‘roofies’ and having sex with unconscious women.” Along with Moor’s allegations, we posted a brief statement from the firm.

Now we can bring you more of the firm’s side of the story. Earlier this afternoon, Bingham McCutchen’s general counsel, William Southard, sent out an internal email to all personnel. The email contains more specifics than the firm’s prior statement.

We got our grubby paws on it, of course. Based on the email, it seems to us that Bingham has handled this difficult situation with sensitivity and “delicate handling” (as touted in its ubiquitous advertisements).

Of course, you’re free to form your own opinion. Check out the email, after the jump.

Michelle Moor was a first-year associate at Bingham McCutchen, and a successful one judging from this Bingham press release on a case victory. She left the firm in February for the much smaller (and lower-paying) Kotin, Crabtree Strong, after allegedly being drugged at Bingham’s holiday office party. She has filed a sex discrimination complaint against Bingham for not taking appropriate actions after she reported the incident.

From Massachusetts Lawyers Weekly:

The seven-page [Massachusetts Commission Against Discrimination] complaint, which was sent to multiple newspapers yesterday evening, states that on Dec. 14, 2007, Moor attended the firm’s annual holiday party for associates at Lucia, a North End restaurant. Allegedly, after her second glass of wine, she felt “dazed and extremely disoriented.” At an emergency room that evening, the complaint says, a blood test revealed that she had ingested Tegretol, an anti-seizure medication that causes memory loss when taken with alcohol.

After the incident, another Bingham associate allegedly told Moor that she had been drugged and raped by a Bingham employee the year before, but that she had not reported the incident to the firm.

On Dec. 20, according to the complaint, Moor reported both incidents to the firm’s human resources department and asked that the firm warn other female associates.

A month later, on Jan. 17, according to the complaint, Moor attended a dinner at a restaurant with fellow Bingham employees, one of whom, a litigation specialist who worked on the same floor as Moor, made “a number of alarming sexually inappropriate comments” about “roofies” and having sex with unconscious women. The employee’s comments allegedly indicated to Moor that he “may have been the person who drugged her and may have intended to rape her while she was unconscious.”

At what kind of firm dinner does an employee feel comfortable talking about taking advantage of passed-out women?

The story is getting considerable media attention. It also appeared in the Boston Globe and the WSJ Law Blog.

We contacted Bingham for comment. Their statement, plus links to collected coverage, below the fold.

Unless 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]

For 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).

A 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

Check out this rather odd appeal from Florida, arising out of a prosecution for sexual assault charges. The defendant was originally charged with three counts of sexual battery, but was convicted on lesser included charges of misdemeanor battery.

One of the issues was whether the trial court should have granted a continuance based on the availability of a defense witness (even though the defense failed to move for a continuance at the time). From the opinion (PDF):

Defense counsel proffered one aspect of the urologist’s testimony: because Tyrrell’s penis was “smaller than average size” it “could not have caused” the injuries that Nurse Gibson observed during the rape exam.

You don’t normally see a man proclaiming his small penis size in public proceedings. But if a teeny weenie is a “get out of jail free” card, expect the defendant to play it. Think of it as the flip side of that Japanese appeal, in which a busty babe overturned her conviction by arguing that she was too well-endowed to fit through a hole she allegedly used to enter a building.

Our tipster described a second strange argument raised by the defense:

[The defense also argued] that the injuries were caused by the victim’s “aggressive” use of a dildo. [The opinion] mentions that the defense lawyer wanted the victim to identify the dildo from a “dildo lineup,” and that the defense attorney “extensively explored” the dildo issue with the victim on cross.

Seriously. The words “dildo lineup” actually appear in the opinion (and not even in scare quotes):

Tyrrell first argues that his “right to due process and right to confront witnesses” was violated because the state did not produce the [sex toys] that were the subject of the July 23 and August 2 orders….

Tyrrell contends that the trial court erred in failing to let him show the victim a dildo lineup.

If that doesn’t violate the Sixth Amendment’s Confrontation Clause, which guarantees a criminal defendant the right “to be confronted with the [dildos] against him,” we don’t know what does.

Tyrrell v. State (PDF) [Florida Fourth District Court of Appeal]

* Bush administration seeks greater power over promotions of military lawyers. [Boston Globe via How Appealing]

* Saudi king pardons rape victim who had been sentenced to 200 lashes (for being alone with a man at the time of the attack). [AP via New York Times]

* Limited effects of recent SCOTUS sentencing decision? [Chicago Tribune]

* CNN’s guide to Mitchell report players. [CNN]

* Law Blog’s guide to Sen. George Mitchell (including a funny story of a minor faux pas). [WSJ Law Blog]

* Poll suggests support for individual rights reading of Second Amendment. [CNN]

* Comcast v. NFL Network dispute produces another lawsuit. [Sportsline]

* Vick to be sentenced. [Atlanta Journal-Constitution]

* He Flatley denied the allegations, and apparently he was telling the truth. [AP via Reno Gazette-Journal]

* All’s well that ends well for fired U.S. Attorneys. [Los Angeles Times via How Appealing]

* And home will come lawyer, baby and all. [Atlanta Journal-Constitution]

* First thing we do, let’s detain all the lawyers. [Jurist]

* And speaking of detained lawyers… [Jurist]

Remember how victims of alleged sexual harassment by Bill Clinton claimed that inspection of the Article II member would confirm the truth of their claims, due to the presidential penis’s distinctive appearance? We were reminded of those entertaining days, when the political was just so darn personal, by this story:

Graphic photographs of two defendants will be allowed as evidence in a rape trial Wednesday. The defense team argued to prevent evidence that includes photographs of their clients’ anatomies out of the courtroom. Defense attorney Robert Jenkins said his client and another man might have to expose themselves during trial.

“They say it helps the case because, allegedly, one perp is circumcised and one not circumcised,” Jenkins said.

If the foreskin has been slit, you must acquit.

Update: A reader submitted this alternative, by email: “If he had no bris, you must dismiss.” (But we don’t know if the defendants are Jewish.)

Court To Scrutinize Defendants’ Genitals [WDSU.com]

Oh how the mighty have fallen. From the Miami Herald:

A Boston defense attorney once dubbed one of People Magazine’s Most Eligible bachelors was arrested for allegedly drugging and raping a college student he met at a Miami Beach nightclub.

Gary Zerola — already facing trial in two sexual attacks in Boston — was arrested last Friday night and booked into Miami-Dade County jail. Miami Beach police charged Zerola, 36, with sexual battery.

Once known for his work on behalf of foster children, Zerola was also a candidate to star in the first season of ABC’s reality hit The Bachelor,” according to Boston media reports.

More discussion, plus a photo of the handsome defendant, after the jump.

* Al Gore, law school dropout, wins Nobel Peace Prize. [WSJ Law Blog; Washington Post; New York Times]

* Houston crime lab drops the ball, again. [CNN]

* Iraqi families sue Blackwater in U.S. court. [CNN]

* Lithwick’s take on the interesting SCOTUS case, Medellin v. Texas. [Slate]

* McCartney-Mills divorce settlement could break records. [MSNBC]

* After typo, infants in Arkansas can’t not be allowed to marry. [CNN]

Durham District Attorney Mike Nifong, who rose to international infamy due to his handling of the Duke lacrosse team “rape” case, must now face the music. His trial on ethics charges brought by the North Carolina State Bar started today.

According to WRAL.com, Nifong’s lawyer, David Freedman, offered this argument in his opening statement:

“It is not unethical to pursue what someone may believe to be an unwinnable case.”

Well, that depends. If the case is unwinnable due to a manifest lack of credible evidence, and you decide to “pursue” it by making over 100 prejudicial statements to the media, that might be a problem.

Freedman said Nifong made about 98 percent of his statements early on in the case before suspects were identified and charged.

Does that make things better or worse? Should Nifong get off the hook for the speed with which he broke out of the gate — what North Carolina Attorney General Roy Cooper described as a “tragic rush to accuse”?

P.S. The article reminds us that the stripper involved was Crystal Magnum.* Isn’t that what those Skadden summer associates recently enjoyed?

* Correction: Whoops, sorry about that.

Lacrosse Attorney: Nifong Went ‘Far Over the Line’ [WRAL.com]