Tag Archives: Lawyer

Librarian Tells a Patriot Act Story

Besides the Shakespeariana and Elizabethan maritime rarities on display, the highlight of the evening was the story former ALA President Carol Brey-Casiano told—for the first time in its entirety, she said—about an experience she described as the worst in her professional career. It involved a Texas Ranger, a lawyer named Paco, the Patriot Act, and the Merritt Fund. Shortly after the September 11 attacks in 2001, two men came into the El Paso (Tex.) Public Library where Brey-Casiano was (and still is) director. One man, wearing a white cowboy hat and a huge belt buckle, identified himself as a Texas Ranger. He told her a threat had been sent recently from one of the library computers and demanded to see the sign-up sheets. Brey-Casiano replied that she could not release patron records without a court order and that, in any case, the sign-up sheets were shredded every night. The ranger’s sidekick began citing the USA Patriot Act as authority, but she reminded him that it was a federal law, which cannot be invoked by a state law enforcement official. The two men left, but the next morning a court order arrived asking for specific sign-up sheets—ones that could not be handed over because they had already been shredded. The following Monday, Brey-Casiano got a call from the mayor of El Paso, who accused her of withholding information (a felony in Texas) and told her he was putting her on administrative leave. Knowing her rights, she insisted she had done nothing wrong and followed proper legal procedures. The mayor admitted it was out of his hands, since the Texas Ranger had filed the complaint. He agreed to let her stay on the job as long as she told no one about the situation—effectively a gag order—during the course of an official investigation of her actions. She immediately called the ALA Office for Intellectual Freedom, which advised her to find a lawyer quickly. OIF Director Judith Krug told her she should apply for assistance from the Merritt Fund. She applied and received a grant of $1,000, which helped her pay for her lawyer, an El Paso attorney named Francisco “Paco” Dom

Stripper: Conrad Murray Brought Me to MJ’s House

A Los Angeles stripper claims the embattled Dr. Conrad Murray brought her home from Sam’s Hof Brau strip club weeks before Michael Jackson died last June. Whether that’s true, or what bearing it had on Murray’s treatment of Jackson that fateful morning is completely unclear, but Joe Jackson sees a connection. Michael’s father and his lawyer, Brian Oxman, will interview a stripper who not only claims Dr. Murray was at the strip club hours before Michael Jackson died, but that she was at Michael Jackson’s house after being invited by the doctor. The stripper, who claims she was working at Sam’s Hof Brau on June 24, 2009, says that Dr. Conrad Murray was at the club drinking just before midnight. Oxman, who is repping Joe in his wrongful death lawsuit against Murray, who faces involuntary manslaughter charges, has spoken with the stripper’s “rep.” The stripper claims weeks before Jackson died, Dr. Murray invited her to Jackson’s home in Holmby Hills. She claims she went late one night, after the club closed, and the King of Pop was there, however he was in a deep sleep. In Oxman’s letter of intent to sue Dr. Murray for the wrongful death of Jackson, he accused the doctor of drinking at Sam’s Hof Brau before treating MJ. Dr. Murray’s reps have strongly denied he was at the club on June 24, and even more adamantly, have said that the doctor does not drink … period. The death of Michael Jackson took place June 25, 2009.

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Stripper: Conrad Murray Brought Me to MJ’s House

Illegal Sarah Palin defense fund must give back donations

A legal defense fund for former Alaska Governor Sarah Palin was illegal and must repay nearly $400,000 to donors, according to a settlement with a state-appointed lawyer announced on Thursday. But Palin, the feisty former Republican vice presidential candidate who has become a fixture of the conservative Tea Party movement, probably violated a state ethics act without knowing she was doing so, independent counsel Tim Petumenos said. While governor, Palin faced some two dozen ethics complaints, which she said left her with a legal bill of more than $500,000. Her political action committee raised a fund to pay for her defense. A preliminary ruling by another independent counsel last year said the fund was illegal because it used her official position as governor to raise money for her personal gain. Petumenos confirmed the decision and said no such legal defense fund had ever been set up before for a state official in Alaska. Palin violated the ethics rules because she was a beneficiary of the fund but probably relied on bad advice from out-of-state lawyers to conclude it was above board, Petumenos said at a news conference. He added that Palin should have checked with the state attorney general before pursuing the fund. “It is the responsibility of every public official to make sure they are personally compliant with the (Alaska Ethics) Act,” he said. The deal requires Palin's fund to give back to donors $386,856 collected while she was in office. A further $33,546 collected after she resigned will not be affected by the deal. Palin, no longer a public official, has launched a new defense fund. She is now independently wealthy but her lawyer, Thomas Van Flein, told reporters he still believed she ran up the legal costs in her capacity as governor and so a new fund was justified. http://www.reuters.com/article/idUSTRE65O0AG20100625 added by: Stoneyroad

Katherine Jackson to Joe: Don’t Drag Me Into This!

Filed under: Katherine Jackson , Joe Jackson , Michael Jackson , Conrad Murray , Celebrity Justice Joe Jackson has no business dragging his wife into the wrongful death lawsuit he’s filing against Dr. Conrad Murray … this according to her lawyer. TMZ broke the story … Brian Oxman is filing the wrongful death suit in federal court today.

Stossel Argues Gun Control Increases Crime, ‘I Was Once as Clueless as Senator Schumer’

On Thursday’s Stossel show on FBN, host John Stossel devoted the program to making the case that gun control can increase crime rates and that higher rates of gun ownership tend to decrease crime. Stossel admitted that, even as a libertarian, it took time for him to come around to this truth as he and most in the mainstream media live in the New York City liberal bubble, not cognizant of all the states that have passed concealed carry laws and seen crime decrease. During a segment with Dennis Hannigan of the Brady Campaign, the FBN host observed: “Over the years, more and more states changed their laws to allow concealed carry. The mainstream media and my neighbors are so isolated here in New York City and in Washington, D.C., most of us had no clue that carrying a concealed weapon is already legal in the rest of the country. More places all the time, legal guns, and yet crime does keep dropping.” Stossel concluded the show by recounting Britain’s failed experiment with gun bans, and revealed that Democratic Senator Chuck Schumer, known for advocating gun control, had declined an invitation to appear on the show to argue his case as the FBN host took a self-deprecating jab at the New York Senator: I was once as clueless as Senator Schumer. Now I admit I was wrong about guns laws. Fewer guns don’t necessarily mean less crime. The opposite may be true. About 10 years ago, a mass shooting in the United Kingdom led Britain to pass one of the toughest gun control laws in the world. … This did not decrease crime. In fact, gun-related crime merely doubled after the ban passed. Crime increased in Britain while it decreased in America. … Britain just took guns away from the good guys, the people who obey the law. Doing that makes crime easier for the bad guys. The truth is gun control is not crime control. During a segment with University of Chicago Professor John Lott, author of More Guns, Less Crime – a segment which also included the Brady Campaign’s Hannigan – Stossel recounted: “We have this chart from your book that shows violent crime rates after concealed carry laws passed. Here it is for murder. It’s impressive. After the law passed, crime went down.” Another segment explored the issue of concealed carry on college campuses, and included advocates on both sides of the issue. David Burnett of Students for Concealed Carry on Campus notably contended: “I would point you to two colleges in Colorado. One of them banned guns in 2003. The other one decided they would allow guns. On the campus that allowed guns, the crime dropped like a rock. And on the campus that banned guns, the crime went up.” Stossel then hosted a segment which included Suzanna Hupp, who has lobbied against gun control in response to losing her parents in a mass shooting at a time when it was illegal to carry guns into restaurants in Texas. Also included was Nikki Goeser, whose husband was shot to death in front of her in a Tennessee bar where she was not legally allowed to bring her own gun for self-defense. And Mark Walters of Armed America Radio recounted the time he defended himself from being carjacked by brandishing a weapon to scare off his attacker. The FBN host then moved to a segment focusing on the effort to overturn Chicago’s handgun ban, featuring Chicago resident and plaintiff Otis McDonald. Stossel recounted the case of D.C.’s gun ban that was overturned by the Supreme Court two years ago, and how changes in the law affected crime in the city: “Murder and other gun violence have dropped in D.C. since the Supreme Court overturned the handgun ban. And let’s now go back 35 years to when Washington passed its gun ban. In the years that followed, crime went up compared to other big cities and compared to the rest of America. Fewer guns, more crime.” Stossel concluded the show by recounting Britain’s failed experiment with gun bans, and noted revealed that Democratic Senator Chuck Schumer, known for advocating gun control, had declined an invitation to appear on the show to argue his case as the FBN host took a self-deprecating jab at the New York Senator: As he concluded the show, Stossel showed a clip of Senator Schumer arguing in favor of gun locks, comparing the concept to put child safety locks on medicine bottles, as the FBN host pointed out the flaw in Schumer’s logic: “Well, Senator Schumer, you don’t suddenly need to open an aspirin bottle for self-defense.” Stossel recounted his show’s unsuccessful offer to allow Schumer to appear on the show, and informed viewers of the effects of strict gun laws in Britain. Below is a transcript of relevant portions of the Thursday, June 24, Stossel show on FBN: JOHN STOSSEL: Concealed carry terrifies a lot of people, and many people would be shocked to how many states already allow it. And here, I think, is a really cool map that shows which states already have it. States that have concealed carry laws are colored yellow. This is the law in 1986 – that’s 25 years ago. Over the years, more and more states changed their laws to allow concealed carry. The mainstream media and my neighbors are so isolated here in New York City and in Washington, D.C., most of us had no clue that carrying a concealed weapon is already legal in the rest of the country. More places all the time, legal guns, and yet crime does keep dropping. … STOSSEL: We have this chart from your book that shows violent crime rates after concealed carry laws passed. Here it is for murder. It’s impressive. After the law passed, crime went down. … DAVID BURNETT, STUDENTS FOR CONCEALED CARRY ON CAMPUS: I would point you to two colleges in Colorado. One of them banned guns in 2003. The other one decided they would allow guns. On the campus that allowed guns, the crime dropped like a rock. And on the campus that banned guns, the crime went up. … The college in Colorado, there’s not very many colleges that allow them. The college at Colorado, the sheriff there is a big fan of it, and he went to the college, and he said, “No, do not ban this. This works. Nobody is irresponsible. Everything is good.” … STOSSEL: If you’re an adult in America, do you have the right to own a gun? Thirty-five years ago Washington, D.C. said no. They passed a law that banned handguns. That law was challenged in court, and, two years ago, the Supreme Court ruled the ban was unconstitutional. The mayor was upset. MAYOR ADRIAN FENTY (D-WASHINGTON, D.C.): More handguns in the District of Columbia will only lead to more handgun violence. STOSSEL: But that didn’t happen. In fact, murder and other gun violence have dropped in D.C. since the Supreme Court overturned the handgun ban. And let’s now go back 35 years to when Washington passed its gun ban. In the years that followed, crime went up compared to other big cities and compared to the rest of America. Fewer guns, more crime. It’s counterintuitive, but it does seem to be true. Gun rights’ supporters were excited when the Supreme Court overturned the Washington law, but that case was not the big one because it just applies to D.C., the federal property. The big case that’s being debated now by the Supreme Court, and next week or maybe even tomorrow the court is expected to announce its decision. The case is called McDonald versus Chicago. If the court sides with McDonald, it would apply the right to bear arms to people in all cities. The lead plaintiff in that lawsuit is Otis McDonald. Here’s an interview done with him by Fox’s Chicago affiliate. UNIDENTIFIED MALE REPORTER: In the 38 years that you’ve lived here, how many times have you been burglarized? OTIS MCDONALD, CHICAGO RESIDENT: The house three times, the garage twice. STOSSEL: McDonald lives in a Chicago neighborhood that he says has been taken over by gangs and drug dealers. REPORTER: He says he’d feel safer if he had a handgun by his bed, but then he’d be breaking Chicago’s 28-year-old handgun ban. Why is owning a gun important? MCDONALD: When my life is threatened, I’d like to be able to at least feel that I can protect myself. STOSSEL: Chicago’s lawyer who opposes giving McDonald a gun wouldn’t come on to defend the ban, so, Dennis Hannigan from the Brady Campaign is back to give Chicago’s side. Also with us is the lawyer who argued McDonald’s case before the Supreme Court. But before we go to the lawyers, let’s go to the plaintiffs, 76-year-old Otis McDonald. So, Mr. McDonald, you own a shotgun. Isn’t that enough? You want a handgun, too? MCDONALD: Yes. I own a shotgun for hunting game. STOSSEL: Isn’t that enough? MCDONALD: No. STOSSEL: Why? MCDONALD: I don’t think it would be efficient enough for me to handle in close quarters with a would-be killer or something like that. … STOSSEL: I once wrote a book about myths with the subtitle, “Everything You Know is Wrong.” And that applied to me. It turned out so much of what I and my colleagues in the liberal media thought was true was just wrong. But, of course, I live here in New York City. We have all kinds of silly beliefs. We also have silly politicians who say things like this: SENATOR CHUCK SCHUMER (D-NY): Let me ask a simple question: If an aspirin bottle can have a safety lock, why not a gun? STOSSEL: Well, Senator Schumer, you don’t suddenly need to open an aspirin bottle for self-defense. There is a difference. We asked the Senator to join us on this program. His office said they’d call us back, but they didn’t. I was once as clueless as Senator Schumer. Now I admit I was wrong about guns laws. Fewer guns don’t necessarily mean less crime. The opposite may be true. About 10 years ago, a mass shooting in the United Kingdom led Britain to pass one of the toughest gun control laws in the world. When the law passed, Britain seemed to get safer by the minute if you watched as officials made sure cameras were there as 160,000 newly illegal firearms were forked over by law-abiding citizens and sent to be melted down in an incinerator. But the real result? This did not decrease crime. In fact, gun-related crime merely doubled after the ban passed. Crime increased in Britain while it decreased in America. This shouldn’t come as a surprise if you consider just two things. Criminals usually don’t obey laws. That’s why we call them criminals. And gun laws never totally get rid of guns. England’s ban didn’t magically eliminate all British handguns. Officials estimate a quarter million illegal weapons are still in circulation. Britain just took guns away from the good guys, the people who obey the law. Doing that makes crime easier for the bad guys. The truth is gun control is not crime control.

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Stossel Argues Gun Control Increases Crime, ‘I Was Once as Clueless as Senator Schumer’

Katherine Jackson’s Lawyer Goes After Joe Jackson

Filed under: Michael Jackson , Joe Jackson , Katherine Jackson , Celebrity Justice Joe Jackson ‘s cruel attack — that his wife, Katherine , is responsible for Michael’s death, is but the latest in a rich history of reckless, untrue comments … so says Katherine’s lawyer and the lawyer for Michael Jackson’s estate. Katherine is not… Read more

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Katherine Jackson’s Lawyer Goes After Joe Jackson

Jesse James Lawyer — A Fair Trial Will Be Tough

Filed under: Jesse James , Celebrity Justice Jesse James is going to have “a really difficult time” getting an impartial jury to judge him — so says his lawyer Joe Yanny . Jesse — who’s being sued by a manufacturer over a planned clothing line for Walmart — is in the middle of jury selection,… Read more

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Jesse James Lawyer — A Fair Trial Will Be Tough

Lindsay Lohan’s Lawyer Says SCRAM Bracelet Detected Alcohol

Actress avoided jail time after posting $200,000 bail for the violation. By Mawuse Ziegbe Lindsay Lohan at the 2010 MTV Movie Awards Photo: Kevin Winter/ Getty Images In the wake of Lindsay Lohan ‘s SCRAM alcohol-monitoring bracelet being set off, her lawyer says the device did detect the physical presence of alcohol. As The Associated Press reports, Shawn Chapman Holley issued a statement Tuesday saying the SCRAM bracelet indicated the presence of “a small amount of alcohol” on Sunday night. The troubled actress avoided jail time Tuesday after posting $200,000 bail for violating a court order banning her from consuming alcohol. While the fact that the device was set off may appear problematic, Lohan’s lawyer declined to confirm whether alcohol was indeed present in the actress’ system: “Having just received the report, I am not in a position to speak to its accuracy or validity, however Ms. Lohan maintains that she has been in complete compliance with all of the terms of her probation and her bail.” The SCRAM bracelet detects alcohol consumption through the measurement of the wearer’s perspiration. The device then sends information about the blood alcohol content to Alcohol Monitoring Systems, which manufactures the bracelet. As the bracelet not only detects alcohol from ingesting beverages, wearers are told to avoid consuming products that may also contain alcohol, such as mouthwash, cologne and perfumes. Lohan is familiar with the SCRAM bracelet, as the actress volunteered to wear the device following her 2007 DUI arrest. Lindsay’s estranged father, Michael, also weighed on in the actress’ situation. CNN reports that the elder Lohan said in a written statement that his daughter’s violation demonstrates that Lindsay needs help. “It’s FINALLY clear and obvious that Lindsay has a severe addiction problem,” Michael Lohan asserted in a statement to CNN. “How many mountains do I have to shout from? How much longer do I have to get slammed for trying to bring attention to this horrible situation, to get my daughter the help she needs, because I love and care about her.” The actress took to Twitter to deny that she had violated her probation. “My scram wasn’t set off,” Lohan tweeted. “It’s physically impossible considering I’ve [done] nothing for it to go off-All of these false [reports] are absolutely wrong.” Lohan is due back in court July 6. Related Artists Lindsay Lohan

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Lindsay Lohan’s Lawyer Says SCRAM Bracelet Detected Alcohol

Lindsay Lohan Arrest Warrant Issued, Then Recalled; Train Wreck Free on Bail Again After SCRAM Incident

Lindsay Lohan narrowly avoided jail again yesterday after another warrant was issued for her arrest, only to be promptly recalled after she posted bail. This voided her previous bail, which she was free on. A little background: Lohan probation when she failed to appear in court last month for a status hearing. Judge Marsha Revel revoked her probation and set bail at $100,000. In return for bail, Lindsay was to appear for a hearing on the probation violation July 6. After her alcohol monitor went off Sunday, that bail is forfeited. Instead of throwing Lindsay in jail pending the July hearing, Revel allowed her to post new bail – set at $200,000 – to remain free. She did so promptly. Less than an hour after the warrant was issued, a bondsman delivered $20,000 bail – the standard 10 percent – to keep the actress out of the slammer. Just when you thought Lindsay Lohan couldn’t be more of a mess. The judge could have jailed her outright this time, but didn’t. If Lindsay violates the terms of her probation and the SCRAM program again, she won’t be as lucky. Lohan’s warrant was issued after her SCRAM bracelet went off at an MTV Movie Awards party, in what a D.A. spokeswoman called “an alcohol-related violation.” Maybe going bar hopping with the thing isn’t the best idea. In a series of Tweets, Lohan, who lives in denial , predictably wrote: “I did not violate anything … at all … My scram wasn’t set off Its physically impossible …” “I’ve been more than I’m compliance [sic] & feeling great.” Not according to her lawyer , Shawn Chapman Holley, who tells TMZ the ankle bracelet “indicated the presence of a small amount of alcohol on Sunday night.” Holley added, “Having just received the report, I am not in a position to speak to its accuracy or validity, however, Ms. Lohan maintains that she has been in complete compliance with all of the terms of her probation and her bail.” So either SCRAM is inaccurate, or Lindsay’s lying. Who do you believe?

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Lindsay Lohan Arrest Warrant Issued, Then Recalled; Train Wreck Free on Bail Again After SCRAM Incident

Charlie Sheen Used Wife’s Lawyer to Cut Deal

Filed under: Charlie Sheen , Brooke Mueller , Celebrity Justice It’s one of the most ironic legal twists in a long time — TMZ has learned the lawyer who cut the very sweet plea deal for Charlie Sheen