IGX

For years, Thomas Goethals has weighed the fates of some of Orange County's most violent criminals. But since the judge began presiding over heated hearings probing the misuse of jailhouse informants, dozens of prosecutors have steered criminal cases away from his courtroom.

Since February 2014, the district attorney's office has asked to disqualify Goethals — a former homicide prosecutor and defense attorney — in 57 cases, according to court records.

In 2011, records show, prosecutors made disqualification requests against Goethals just three times. In 2012, zero times. In 2013, only twice.

The surge of disqualifications began around the time the Superior Court judge agreed to allow wide-ranging hearings that brought prosecutors' mishandling of informant-related evidence under harsh scrutiny.

In a tactic informally called "papering a judge," prosecutors have repeatedly invoked Section 170.6 of the state's code of civil procedure, which allows lawyers a peremptory challenge to disqualify a judge they deem "prejudiced" against their interests. They do not have to prove prejudice or explain their reasons.

In January 2014, attorneys for mass murderer Scott Dekraai filed a blistering 505-page motion alleging that Orange County jailers and prosecutors had conspired to cover up a long-running program in which jailhouse snitches illegally pumped clients for incriminating information.

The resulting hearings climaxed Thursday in humiliation for elected Dist. Atty. Tony Rackauckas, as the judge — in a rare move — tossed the D.A.'s office off its most high-profile case. The judge cited prosecutors' "chronic failure" to turn over evidence to the defense.

In a ruling last August, Goethals harshly criticized the D.A.'s office for failing to turn over exculpatory evidence about informers to defense attorneys.

“It was so hard. I’d never heard anything like it. I thought someone was dying outside.” She ran to the door, opened it, and then chaos. “People came pouring in. For a second I thought it was a home invasion. It was terrifying. They were yelling and running, into every room in the house. One of the men was in my face, yelling at me over and over and over.” It was indeed a home invasion, but the people who were pouring in were Wisconsin law-enforcement officers. Armed, uniformed police swarmed into the house. Plainclothes investigators cornered her and her newly awakened family. Soon, state officials were seizing the family’s personal property, including each person’s computer and smartphone, filled with the most intimate family information. Why were the police at Anne’s home? She had no answers. The police were treating them the way they’d seen police treat drug dealers on television. In fact, TV or movies were their only points of reference, because they weren’t criminals. They were law-abiding. They didn’t buy or sell drugs. They weren’t violent. They weren’t a danger to anyone. Yet there were cops — surrounding their house on the outside, swarming the house on the inside. They even taunted the family as if they were mere “perps.” As if the home invasion, the appropriation of private property, and the verbal abuse weren’t enough, next came ominous warnings. Don’t call your lawyer. Don’t tell anyone about this raid. Not even your mother, your father, or your closest friends.

Read more at: http://www.nationalreview.com/article/4 ... vid-french

…a statistically very high number of wrongful convictions occur in the month of October, immediately prior to the general elections during the first week of November—and a statistically low number of convictions occur during the month of November. The data shows district attorneys rushing to bring cases to completion prior to the polls opening in early November, creating both a surge of wrongful convictions in October and a dearth of wrongful convictions in November.

A police officer is suing Starbucks for $50,000 after he spilled a complementary cup of coffee in his lap.

According to WRAL-TV, Raleigh police Officer Matthew Kohr’s suit says he should be compensated for burns, blisters and “emotional damage” caused after the coffee spill in 2012.

On my first day of police academy at Queens College in 1999, I, along with 1,400 other young men and women in ill-fitting suits, heard a lieutenant deliver this speech:

Ten percent of you were meant to be police officers. You have it in your blood and bones and you will excel in this profession. For 80% of you, this is a job. It’s a job you will do well and honorably for your career with the NYPD. Ten percent of you should never have made it this far. You are too dumb, too damaged, or too criminal to be police officers and you very well will be hurt, killed, or arrested in the years to come.

I’ve been thinking about that speech a lot lately, watching the news of police brutality and murder in Ferguson, Baltimore, and my hometown, New York City.

Blaidd Drwg wrote:I've gone soft..... http://www.buzzfeed.com/dreamworks/why- ... -brutality

When Ronald Hammond appeared in a Baltimore courtroom on a charge of possessing 5.9 grams of marijuana, the judge scoffed at the case.

District Judge Askew Gatewood told the prosecutor that "5.9 grams won't roll you a decent joint," according to a transcript of the 2012 case. "Why would I want to spend taxpayers' money putting his little raggedy butt in jail — feeding him, clothing him, cable TV, Internet, prayer, medical expense, clothing — on $5 worth of weed?"

Gatewood encouraged Hammond to plead guilty and said he would let him off with a small fine.

But months later, the case would land Hammond in prison for 20 years.

Hammond was on probation at the time, for selling $40 worth of crack cocaine to an undercover officer, resulting in a distribution charge. Circuit Judge Lynn Stewart-Mays gave Hammond a suspended sentence of 20 years in that case, warning that if he violated probation he would face the whole term.

Hammond, 31, is in prison with a projected release date of 2028. On Friday, he will petition the court to overturn his marijuana conviction, arguing that his constitutional rights were violated. The Baltimore state's attorney's office contends in court documents that he has no grounds to appeal.

Mary Price, general counsel for the drug-reform group Families Against Mandatory Minimums, said his sentence was "extraordinarily punitive."

"Sending somebody to prison for $40 of cocaine and not enough marijuana to build a joint seems unfathomable," Price said.

"This case exemplifies how the criminal justice system works against itself," said Hammond's new attorney, Gabriela Hopkins.

Since Hammond's marijuana arrest, the General Assembly passed legislation decriminalizing marijuana possession of less than 10 grams. The House of Delegates passed a bill this year excluding marijuana as a possible probation violation, but the measure died in the Senate. But legislative changes would not affect Hammond's case retroactively.

The current maximum penalty for possession of 10 grams of marijuana or less is a $100 fine.

The 20-year term Hammond received is the same as Tavon White, the Black Guerrilla Family gang leader, got for attempted murder and orchestrating a racketeering conspiracy at the city jail. It is twice the maximum penalty for killing someone while driving under the influence.

bennyonesix wrote:Zero causal connection between the bad acts of the policeman and the arrestee's suicide though, right?

Not saying, just asking.

Protobuilder wrote:What I don't understand is the online commentary that you should be able to walk up to any cop, call him a bitch and take out your cell phone to record his reaction and he should simply walk away. If I did that in a coffee shop, I would expect the person behind the counter to come at me. Yes, cops should be held to a higher standard but I can't imagine dealing with people like that on a regular basis.

bennyonesix wrote: Do you really think that is reasonable?

It's complete lunacy to me.

Protobuilder wrote:Nobody has any idea but people are already convinced.

My take, which is as worthless as that put forth by anybody else, is that it doesn't make any sense for police to kill her. She wasn't found roughed up, she was found hanging in her cell which isn't something that can accidentally happen when things get out of hand. If she isn't found dead, this video likely doesn't ever see the light of day. Sure, she may file a lawsuit but I can't see killing somebody over that though, as Boris said, everybody is crazy.