Why the State Had to Disclose Zimmerman Docs

Posted on May 18th, 2012

Reposted for Criminal Law News Now

The special prosecutor in the Trayvon Martin murder case publicly released more than 180 pages of documents Thursday, more than a month after accused murderer George Zimmerman's defense team requested them.

The documents include transcripts of 911 calls, results of Martin's autopsy, and a description of Zimmerman's injuries the night of the shooting in Sanford, Fla. The documents are posted on FindLaw's Courtside blog.

The documents have renewed debate and speculation about what happened Feb. 26 when Zimmerman shot and killed Martin. Some are also wondering why it took so long for the documents to be released to the public.

The answer lies in a legal process called discovery, which requires both parties to disclose all relevant facts and documents with the other party before trial.

Each state has different discovery rules. Under Florida's rules, a prosecutor must turn over all discovery documents 15 days after a defendant requests them. George Zimmerman's lawyer made the request April 12, Orlando's WKMG-TV reports.

Applying a strict reading to the rules, an attorney for several media organizations had argued the prosecutor missed the 15-day deadline last month.

But Zimmerman's defense shot down that criticism on a website they've set up to discuss the case. "While the rules do state that discovery is due 15 days from demand, ... it is up to [Zimmerman's] defense team to decide how to handle these matters," a web post asserted April 29.

Zimmerman's lawyers were concerned about identifying witnesses in the discovery documents."We are delaying demanding the discovery until we can file motions to protect these witnesses," the April 29 post said. "Once that is in place, discovery will flow to us, then the media and the public has access to it, under our rules."

George Zimmerman's lawyers received the Trayvon Martin discovery documents Monday, and they were released to reporters Thursday. Names and addresses of witnesses and others interviewed in the case were redacted.

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Posted in Crime in the News, discovery, documents, florida, georgezimmerman, prosecutors, redacted, sanford, trayvonmartin

Mila Kunis Stalker Waited Outside Her Gym, Broke Into Her Condo

Posted on May 18th, 2012

Reposted for Criminal Law News Now

A man previously arrested for stalking actress Mila Kunis has been arrested again for stalking her. Apparently, he just can't get enough.

Stuart Lynn Dunn, 27, has been charged with stalking and violating a restraining order, the Associated Press reports. Dunn was arrested on two other occasions for stalking the "Black Swan" star earlier this year. He was ordered to stay away from Kunis after he was found living in an empty condo owned by the actress. Earlier this month, Dunn was arrested again outside of Kunis' gym.

So what potential penalties await the star's alleged stalker?

First-time offenders can get up to a year in jail and/or a fine up to $1,000. Perpetrators can also be required to attend counseling. In California, stalking is defined as willful, malicious, and repeated harassment or following of another person.

For repeat offenders, like Dunn, the punishment can be much more severe. If there is a temporary restraining order already in place, violators can face from two to four years in prison. Since Dunn was already ordered by a judge to refrain from contacting Kunis, he could potentially get a much stiffer sentence.

Dunn is scheduled to be arraigned in Los Angeles on the two nw stalking-related felony charges. He's currently being held on $190,000 bail. Dunn doesn't appear to be represented by an attorney. Media attempts to find his lawyer were unsuccessful.

Mila Kunis has not issued a statement regarding the stalking incident yet. The actress has appeared in such films as "Forgetting Sarah Marshall" The Book of Eli." She also provides the voice of Meg Griffin on the animated Fox television show "Family Guy."

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Posted in california, Celebrities & Privacy, celebrityrestrainingorders, celebritystalkers, milakunis, stalking

CA Patient Jailed for Not Taking His Meds

Posted on May 18th, 2012

Reposted for Criminal Law News Now

Can you be arrested for not taking medication?

If you answered in the negative, you'd be wrong. California health officials have petitioned for the arrest and prosecution of Armando Rodriguez, a Stockton drug user who has an active case of pulmonary tuberculosis. After refusing to take his medication on multiple occasions, he was arrested.

He's since been charged with refusing to comply with a tuberculosis order.

Though many people live with tuberculosis, the Associated Press reports that the disease becomes active when a person's immune system is compromised. Drug users like Armando Rodriguez are particularly susceptible.

Health officials across the country are given special powers to deal with diseases that pose a public health risk. Active cases of tuberculosis are highly contagious and can be spread through the coughing up of blood and phlegm into the air.

In California, the local health commissioner can order a tuberculosis patient to appear at designated times to take his meds. He or she can also require patients to be home at certain times to do the same, according to the Associated Press. Armando Rodriguez apparently failed to do both of these.

Officials felt arrest was their best option. Though patients are offered transportation and other services to help them get healthy, prosecutor Stephen Taylor told the AP that "criminal cases ... generally involve drug users who are harder to treat and manage." These individuals simply won't cooperate with an out-patient program.

This is how they handle things in California, but other states may only require court-ordered detention. In Virginia, example, patients aren't exactly arrested for not taking medication. Instead, a judge can order them to be detained in a medical facility if there is proof they continue to engage in at-risk behavior. New York has similar laws.

So while Armando Rodriguez was arrested for not taking medication, his situation is not exactly unique. And arguably, his arrest was necessary to preserve the public's health.

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Posted in armandorodriguez, Crime in the News, medication, publichealthorder, tuberculosis

Can Travolta Sexual Battery Lawsuit Be Re-Filed in Another Court?

Posted on May 17th, 2012

Reposted for Criminal Law News Now

John Travolta's accusers may not be done with the "Pulp Fiction" star just yet. Headline-seeking attorney Gloria Allred has confirmed that she's been hired and there may be a new legal action filed against the actor.

This plaintiff (known only as John Doe #2) fired his previous attorney, Okorie Okorocha, CNN reports. Both he and the other plaintiff (John Doe #1) have retained Allred. John Doe #1 was also previously represented by Okorocha. Both plaintiffs have accused Travolta of groping them during the massages they each gave him. The alleged incidents took place in Los Angeles and Atlanta.

However, will the plaintiffs be allowed to file a new suit after their first attempt was dismissed?

The answer likely lies with whether the case was dismissed with or without prejudice.

When a lawsuit is dismissed without prejudice, the parties involved retain their rights and privileges. In terms of filing, this means the same case can be brought again using the same facts and evidence. A dismissal or judgment with prejudice results in the exact opposite. Typically, the latter is issued when a lawsuit has been fully and fairly argued.

In the plaintiffs' case, the first lawsuit was dismissed without prejudice, Allred said. Because of that, it should be possible to file a new case.

John Doe #1 withdrew his suit after it was revealed that Travolta was in New York and not Los Angeles when the alleged incident took place. Okorocha stated he put the wrong date in the original lawsuit.

Gloria Allred will reportedly be conferring with her clients to plan the next step. Martin Singer, Travolta's attorney, has called both accusers' allegations "ridiculous."

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Posted in Celebrities in Court, Celebrity Image, celebritysexualbattery, gloriaallred, johntravolta, massagehijinks

HBO ‘Johnny Bananas’ Lawsuit Over ‘Entourage’ Character Dismissed

Posted on May 17th, 2012

Reposted for Criminal Law News Now

A New York judge has dismissed the "Johnny Bananas" lawsuit brought by MTV reality star John Devenanzio. Nicknamed Johnny Bananas, he had alleged that HBO's Entourage improperly gave his name to a fake cartoon gorilla played by Kevin Dillon's character.

He sued, further claiming that the faux gorilla, which happens to look remarkably like Dillon, has caused him "tremendous emotional distress." He also suffered from "great mental anguish and pain."

HBO fought the suit and seems to have won, according to the Hollywood Reporter. Its lawyers argued that nicknames are not protected by New York law and that there was no connection between the fake show and the man.

However, the judge tossed the suit for other reasons. Devenanzio didn't file the "Johnny Bananas" lawsuit until 14 months after the episode's original air date. There's a one year statute of limitations in New York on emotional distress claims, notes the celebrity website.

Though the reality star could arguably re-file should the episode air again, the judge warned him not to. He went on to state that cartoon "does not constitute atrocious, indecent or utterly despicable conduct meeting the requirements for an intentional emotional distress claim."

Ouch.

So it seems that, if there are any lessons to be learned from the "Johnny Bananas" lawsuit they would be that (1) you should always file your lawsuits in a timely manner, and (2) reality stars should stop being big babies.

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Posted in Celebrities in Court, entourage, johndevenanzio, johnnybananas, realitytv

Nick Stahl Missing: ‘Terminator 3′ Actor May Have Frequented Skid Row

Posted on May 17th, 2012

Reposted for Criminal Law News Now

Is Terminator 3 actor Nick Stahl missing? His wife, Rose Murphy, thinks so.

The Los Angeles Police Department has confirmed that Murphy filed a missing person report on Monday. She last saw the 32-year-old actor on May 9. That's nearly five days before she filed the report.

It's unclear why she waited so long, as there is no waiting period to file a missing person report.

Yes, contrary to popular belief, there is no 24 or 48 hour waiting period -- even for an adult. Federal law prohibits the imposition of a waiting period. However, this doesn't mean police have to become actively involved when an adult disappears.

Disappearing is not a crime, so unless there is some evidence of foul play, there's not much officers can or will do. If the missing adult has medical problems or may be involved in a dangerous situation, the local police department will also launch a search.

The missing Nick Stahl seems to fit this latter situation, as the LAPD has actively begun searching. The actor may have been a recent Skid Row visitor, according to TMZ sources. Murphy expressed concern in February that Stahl has been using drugs.

Though, that concern happened to be expressed in court papers -- the couple is still married but is locked in a custody battle over their 2-year-old daughter.

At this juncture, no one knows whether Nick Stahl is missing or just chose to disappear. Not a lot is certain at this point. But given the high-profile nature of the search, we should know pretty soon.

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Posted in actors, Celebrity Image, drugs, missingpersons, nickstahl, terminator3

Stand Your Ground Defense Denied in FL Vet’s Killing

Posted on May 17th, 2012

Reposted for Criminal Law News Now

Florida's "Stand Your Ground" law cannot be used by a senior citizen accused of manslaughter in the 2010 killing of an unarmed Air Force veteran, a judge has ruled.

Trevor Dooley, then 69, admits shooting and killing his neighbor David James, 41, of Valrico, Fla., during an argument in a neighborhood basketball court, Tampa's WFTS-TV reports.

The dispute began when Dooley yelled at a teenager to stop skateboarding on the court. James, who was playing basketball with his 8-year-old daughter, stood up for the skateboarder -- asking Dooley to show him a sign saying skateboarding wasn't allowed.

What happened next is in dispute.

Prosecutors say Trevor Dooley, who holds a concealed weapons permit, pulled out a gun to intimidate his neighbor, WFTS reports. That allegedly led to a fight, during which Dooley shot and killed James in front of his young daughter.

Dooley claimed self-defense under Florida's "Stand Your Ground" law, which provides immunity from prosecution if a person "reasonably believes" deadly force is necessary to prevent death, serious bodily injury, or the commission of a forcible felony.

At a hearing about whether "Stand Your Ground" gave Dooley immunity, Dooley testified that at one point during the fight, James had a hand around his throat and "was killing me." That's when Dooley pulled out a gun and shot James, Dooley said.

But a judge sided with prosecutors. "There was no reasonable belief that deadly force was required," the judge wrote in a ruling released Monday, the Tampa Bay Times reports.

The ruling means Dooley's manslaughter case will proceed to trial -- where his lawyer can try to persuade jurors of Dooley's self-defense claim, according to the Times. A trial date has not yet been set.

Trevor Dooley's "Stand Your Ground" ruling shows what could happen to George Zimmerman, who has claimed self-defense in the killing of unarmed teenager Trayvon Martin.

A pre-trial hearing will likely determine whether Zimmerman is immune from prosecution under "Stand Your Ground." If the case proceeds to trial, Zimmerman's lawyer will likely try to persuade jurors of Zimmerman's self-defense claim.

It's not clear when such a "Stand Your Ground" hearing will take place in Zimmerman's case. His defense team will first review the prosecution's evidence. The evidence (including medical records) was released to Zimmerman's lawyers on Monday, Tampa's Bay News 9 reports.

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Posted in concealedweapon, Crime in the News, florida, georgezimmerman, immunity, killing, pretrialhearing, selfdefense, shooting, standyourground, trayvonmartin

NY Mom Sent Death Threats to Little League Coach

Posted on May 17th, 2012

Reposted for Criminal Law News Now

For sme mothers, theirdedication to their children has no bounds. A New York mom who sent death threats after her son was excluded from a Little League travel team has been sentenced to 60 days in jail and five years of probation, Newsday reports.

Janet Chiauzzi, 45, wrote threatening letters to John DeMasi, a Little League official, when her son failed to make it onto the team's summer roster. She also sent threats to DeMasi's wife and son, who was 10 years old at the time. One letter read that "if something terrible happens" to DeMasi's family, the son could blame his father.

The judge called Chiauzzi's actions "despicable." But while her sentence was steep, it could've been a lot worst.

Chiauzzi plead guilty to six misdemeanors and two felonies. The latter two offenses were second-degree stalking and first-degree filing of a false instrument.

In New York, both offenses are class E felonies and carry potential sentences of up to four years imprisonment. Had the judge been so inclined, he could've sent Chiauzzi away for much longer.

Second-degree stalking is when a defendant displays or threatens to use any deadly weapon in the course of stalking. It can also occur if the victim is under age 14 and the alleged stalker is over 21 years old. The latter appears to be applicable to Chiauzzi's case.

The mother of two also had three other charges against her, but they were dismissed. She was also ordered to pay restitution and is barred from contacting DeMasi and his family.

However, Chiauzzi appears remorseful for her behavior. Prior to sentencing, she asked for the victims' forgiveness and stated her wish to take her actions back. Hopefully, this mom has learned death threats aren't the way to get your kid on a summer Little League team.

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Posted in childdeaththreats, Crime in the News, littleleaguescandal, newyork, seconddegreestalking, sentencing, zealousmoms

Is a Fake Cop Murdering Miss. Motorists?

Posted on May 16th, 2012

Reposted for Criminal Law News Now

Authorities in Mississippi are warning drivers about a possible fake police officer who may be pulling drivers over and then shooting them dead.

Two drivers were found shot and killed in two separate incidents in northern Mississippi last week, CNN reports. "The concern is that someone is posing as a law enforcement officer, and that is how these vehicles end up on the side of the road," the director of the Mississippi Bureau of Investigation said Monday.

The MBI is warning drivers to be wary if an officer attempts to pull them over, and suggests two courses of action if a driver is suspicious about a traffic stop Mississippi:

  • Under Mississippi law, drivers can call 911 to verify that they're being pulled over by a legitimate police officer.
  • Drivers can also put on their flashing hazard lights and drive to a well-lit area with lots of people around, before stopping for a police officer.

The first alleged fake police officer shooting took place May 8, along Interstate 55 in Panola County, Miss. A 74-year-old Nebraska man was killed, the Associated Press reports.

Then on Friday, a 48-year-old Mississippi woman was found shot and killed near her car along Mississippi Highway 713 in nearby Tunica County.

Both victims were found in the early-morning hours. Investigators are analyzing bullet casings found near both bodies, the AP reports.

At this point, the fake police officer explanation is just a theory, as there were no witnesses to the killings. Police and sheriff's agencies are saturating the area to find the suspect, according to the AP.

If the alleged fake police officer is caught, the killer will likely face murder charges. In addition, impersonating a police officer is a misdemeanor in Mississippi, punishable by up to a $500 fine and six months in jail.

Related Resources:

Posted in 911, Crime in the News, highway713, interstate55, mississippi, murder, policeimpersonator, policeofficer, shooting, trafficstop

Bret Michaels Settles Head Banging Lawsuit vs. Tony Awards

Posted on May 15th, 2012

Reposted for Criminal Law News Now

Rocker Bret Michaels has settled his lawsuit against organizers of the Tony Awards.

The Poison frontman filed the suit after being hit by a piece of scenery during the 2009 awards show, the Los Angeles Times reports. Michaels had just finished performing and claims he was told to exit the stage towards the hazard.

His nose was broken and he received three stitches in his lip. He also blamed the incident for a near-fatal brain hemorrhage he sustained 10 months later.

So what's the "Rock of Love" reality star getting for his troubles?

Unfortunately, everyone is staying tight-lipped about the details. The settlement agreement was confidential. But what's known is that it covers both the organizers of the Tony Awards and CBS, the network that aired the event.

Michaels originally claimed four causes of actions in his complaint. He sought damages for negligence, negligent interference with an economic advantage, negligent misrepresentation, and battery.

While the singer didn't state how much he was looking for, his complaint indicated that he wasn't likely going to hold back. In addition to attorney fees, Michaels also wanted compensatory, incidental, special, and consequential damages for the incident.

However, this all would've likely been minimal compared to the amount he could've recovered by way of punitive damages. Awards here serve the dual purpose of punishing and deterring defendants. And it's also usually where the big money is when it comes to lawsuits.

But there's no way to know how much Bret Michaels could've received from organizers of the Tony Awards now that his lawsuit is settled.

Related Resources:

Posted in battery, bretmichaels, bretmichaelslawsuit, cbs, Celebrity Settlements, fallingscenery, negligence, punitivedamages, tonyawards

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