Murder

Scheduling Snafu Lands Defense Attorney in Contempt — And Possibly Jail

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Tim Pori

Time conflicts are an unavoidable part of litigation. Scheduling and re-rescheduling trials and court hearings — it’s simply part of the litigation process. It’s a pain, but most of the time, an attorney shouldn’t get too much flak for a legitimate scheduling conflict.

But this week, one Bay Area criminal defense lawyer has gotten caught between a rock and two murder trials. A local judge was unhappy when he missed a hearing for one murder case because he was in court for another murder case of in another county. Now he’s facing contempt charges and jail time.

This is just another reason why we really should be investing more in teleportation technology….

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Morning Docket: 04.16.12

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Apparently Google thinks this Mob Wife is a 'cheap hooker.' If nothing else, she totally dresses like one.

* The harsh realities of post-recession practice: will Biglaw leaders have to resort to alternative billing practices in order to survive? Well, they better, or else they’re “not going to have a law firm for very long.” [Washington Post]

* I don’t think “secret service” means what you think it means. Listen up, agents, prostitution might be legal in much of Columbia, but it makes America look bad when you can’t afford a $47 hooker. [New York Post]

* Jessica Recksiedler, the judge assigned to oversee George Zimmerman’s case, may have a conflict of interest thanks to her husband. Somebody’s getting banished from the bedroom this week. [Bloomberg]

* Law firms with ties to New Jersey Governor Chris Christie have seen record profits compared to their take under Jon Corzine’s rule. That said, even if he called them “idiots,” it was totally worth it. [Star-Ledger]

* UMass Law is being reviewed for accreditation by the American Bar Association, and opponents are throwing some major shade. As if Dean Ward’s scandalous resignation wasn’t enough. [South Coast Today]

* Is this house haunted as a matter of law? That’s what this New Jersey couple is hoping that a judge will say about their rental home. Hey, it wouldn’t be the first time it’s happened in the tri-state area. [ABC News]

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Quote of the Day: It Must Suck to Be the Person Who Lost to Jose Baez

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He’s going to try the case in court, not in the press, and I admire that.

– Jeff Ashton, speaking about Mark O’Mara, who is defending George Zimmerman against murder charges in the death of Trayvon Martin. For his part, Ashton is no stranger to the spotlight. The former Florida Assistant State Attorney was the prosecutor in charge of the Casey Anthony case.

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Another Mistrial Declared After Modern Technology Unacceptably Intrudes into Court

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Usually when we hear about courtroom drama stemming from social media, it’s caused by someone, you know, actually involved in the case.

Not today! This week, a judge declared a mistrial in a Kansas murder case after a pesky reporter shot and published a cellphone pic from trial. What kind of scandalous photos was the intrepid journalist taking?

The kind that almost certainly doesn’t warrant a mistrial….

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Chicago-Area Lawyer Didn’t Make a ‘Rational Decision’ When He Hired a Contract Killer to Off a Former Client

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Jason Smiekel

When we last checked in with Illinois attorney, Jason W. Smiekel, the man accused of taking out a hit on a former client (who also happened to be the ex-husband of Smiekel’s fiancée), he was busy trying to convince a judge to release him on bail. Apparently he didn’t think murder for hire was a “crime of violence.” Needless to say, that was an exercise in futility.

In August, Smiekel pleaded not guilty to seven counts of using interstate facilities in his alleged murder-for-hire scheme. At the time, readers who knew Smiekel assured us that we would “see in the end that he is the victim in this whole fiasco.” They believed that the divorce lawyer’s fiancée — otherwise known as the “hot hot hot blonde” (HHHB) — was to blame.

But based on the plea deal that Smiekel took yesterday, that doesn’t seem to be the case….

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How Many Trials Does It Take to Get a Murder Conviction? The World May Never Three.

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Jason Cai is going away for a long, long time.

Yesterday, it appears some justice was finally served in a tragic Silicon Valley murder case. A jury convicted Jason Cai, a 53-year-old software engineer, in the grisly murder of a young attorney.

Prosecutors say the killing was an act of revenge. Let’s learn more about the attorney who picked the wrong case, as well as Cai, who at this point has ridden the murder trial rodeo more times than anyone should…

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Bail Set for Stephen McDaniel in the Lauren Giddings Murder Case

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Last week, we wrote about the bail hearing for Stephen M. McDaniel, the Mercer Law School graduate accused of killing his former neighbor and classmate, Lauren Giddings. At the hearing, the prosecution cited a gory internet posting that it claimed was written by McDaniel. But it now appears that the post might have been a fake. When contacted by Above the Law, one of McDaniel’s lawyers, Franklin Hogue, denied that his client wrote the posting in question.

At the bail hearing, the prosecution asked for bond to be set at $2.5 million, while defense counsel sought $100,000 bond. Chief Judge S. Phillip Brown took the matter under advisement.

Yesterday he issued his ruling….

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Morning Docket: 04.12.12

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* The EEOC suit against Kelley Drye was brought “for a reason.” You hear that, Biglaw? Other firms with mandatory retirement policies better take a look at their partnership agreements and make some changes. [Am Law Daily]

* Media whore lawyers unite! Cheney Mason of Casey Anthony fame has come out of the woodwork to support George Zimmerman. Still waiting on vital impressions from Gloria Allred. Oh wait… [Naked Politics / Miami Herald]

* Just think, maybe if Planned Parenthood of Texas had taken Tucker Max’s money, they wouldn’t be suing the state for banning their organization from the women’s health program. Nah, they’d still be suing. [Reuters]

* Georgetown Law is planning to launch an executive education program, but don’t worry, they’re not going to be competing with Harvard. They know they’re the safety school in this scenario. [National Law Journal]

* Love will definitely make you do some really crazy things, like watch The Expendables. Or allegedly commit a murder-suicide because your husband might’ve had an affair. Things like that. [Atlanta Journal-Constitution]

* Kim Kardashian’s dubious defense of the day: “I’m Armenian and hairy.” The only-famous-for-her-sex-tape star is trying to use that as an excuse to get a lawsuit over a hair removal product dismissed. [Fox News]

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Was the Shocking McDaniel Internet Post Unveiled Last Week a Fake?

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Stephen McDaniel

Last week, we saw some big news in the Stephen M. McDaniel murder case. In a bond hearing, prosecutors told the court about another internet post allegedly made by McDaniel, the Mercer Law School graduate who stands accused of murdering classmate Lauren Giddings. The newest post was particularly unsettling and gory.

At first glance, the post seemed like it could be a smoking gun. But things are never as simple as they seem: rumors are going around that the post is a fake. Because, as Above the Law readers know, don’t believe everything you read in online comments…

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Morning Docket: 04.06.12

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* “We can’t engage the public in a seminar about health law.” Justice Sonia Sotomayor informed the public at Penn Law that she would not be taking up a post as a Wise Latina civics instructor. [Wall Street Journal]

* Next on Meltdown with Keith Olbermann: this liberal commentator has sued Current TV over getting fired. It is clearly the most irresponsible, homophobic, racist, reactionary, tea-bagging network ever. [Businessweek]

* George Zimmerman has added another lawyer to his soon-to-be defense team — a “veteran criminal defense” lawyer. Why did he need to hire such a hot shot if what he did to Trayvon Martin was legal? [Reuters]

* Step aside TSA: what kinds of rights do cruise passengers have at sea? How about the right not to be interrogated, strip searched, and then forced to pee in front of security guards? [Overhead Bin / MSNBC]

* Jordan Wallick has been convicted of second degree murder in the shooting death of James Wallmuth III, a University of Pittsburgh law student. Wallick is now looking at life behind bars for his crime. [CBS 21 News]

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