Tag Archives: conviction

Wisconsin AG moves to block Brendan Dassey’s release

Wisconsin’s attorney general plans to file an emergency motion to block the conditional release of Steven Avery’s nephew, Brendan Dassey, convicted of homicide in a case made famous by the Netflix series Making a Murderer.

Attorney General Brad Schimel said in a statement on Nov. 14 that he was filing the motion with the 7th U.S. Circuit Court of Appeals.

A federal judge ordered Dassey released while prosecutors appeal a ruling that overturned Dassey’s conviction in the 2005 slaying of photographer Teresa Halbach.

U.S. Magistrate Judge William Duffin had ruled in August that investigators tricked Dassey into confessing he helped his uncle, Steven Avery, rape, kill and mutilate Halbach in 2005.

The state has appealed that ruling.

The order to release the 27-year-old Dassey from prison, which also came from Duffin, was contingent on him meeting numerous conditions. He had until noon Tuesday to provide the federal probation and parole office with the address of where he planned to live.

Dassey was 16 when Halbach died. He’s now 27.

A timeline of events in the Brendan Dassey case

A judge has overturned the 2007 homicide conviction of Brendan Dassey in a case profiled in the Netflix series Making a Murderer.

At the center of the judge’s decision was a confession Dassey made saying he helped his uncle Steven Avery kill Teresa Halbach in Wisconsin.

The judge determined the confession was coerced using deceptive tactics.

Here are some key events in the case:

Oct. 31, 2005: Teresa Halbach, 25, of St. John in Calumet County, a photographer for Auto Trader Magazine, goes to Avery’s Auto Salvage near Mishicot to photograph a minivan for sale by Steven Avery’s sister.

Evidence later shows Avery called asking for her to come, using his sister’s name.

Nov. 3, 2005: Halbach’s family reports her missing.

Nov. 5, 2005: Halbach’s cousins find her vehicle under brush and auto parts in the Avery salvage yard. Charred bone fragments found in a burn pit later are determined to be her remains.

Nov. 8, 2005: Avery tells reporters he fears authorities are trying to frame him for Halbach’s slaying because he sued Manitowoc County officials for $36 million for wrongful conviction. Avery spent 18 years in prison for rape before DNA evidence cleared him of the crime and he was freed in 2003.

Nov. 9, 2005: Avery is arrested and, based on past convictions for burglary and other crimes, charged with possessing firearms as a felon. Authorities say two guns were in his trailer home.

Nov. 15, 2005: Avery is charged with first-degree intentional homicide and mutilating a corpse.

Feb. 14, 2006: Authorities announce Avery has settled his lawsuit against Manitowoc County officials for $400,000.

March 2, 2006: Avery’s nephew Brendan Dassey, then 16, is charged in adult court with being a party to first-degree intentional homicide, mutilation of a corpse and first-degree sexual assault. Prosecutors base the charges on a videotaped statement in which Dassey detailed the killing, saying he and Avery raped and killed Halbach and burned her body. He later recants the statement.

Jan. 29, 2007: A judge dismisses sexual assault and kidnapping charges against Avery because Dassey may not testify at his trial.

Jan. 30, 2007: A judge says defense attorneys can tell jurors that Avery was wrongfully convicted of rape and may use as evidence a vial of his blood found unsecured in the Manitowoc County courthouse. Defense attorneys say discovery of the vial supports their claim that blood was planted to frame Avery.

Feb. 12, 2007: Avery’s trial begins.

March 12, 2007: After the prosecution and defense rest, the judge dismisses the false-imprisonment charge, saying he doesn’t think the jury has enough evidence to find Avery guilty. Avery has not taken the witness stand. Dassey also does not testify in Avery’s trial.

March 18, 2007: After deliberating for nearly 22 hours over three days, jurors convict Avery, now 44, of first-degree intentional homicide and being a felon in possession of a firearm. Avery is acquitted of the charge of mutilating a corpse.

April 16, 2007: Dassey, now 17, goes on trial before a jury selected in Dane County.

April 20, 2007: Prosecutors play Dassey’s videotaped confession for the jury.

April 23, 2007: Dassey testifies in his own defense, saying he lied when he gave the statement but doesn’t know why. Avery does not testify.

April 25, 2007: After 4 1/2 hours of deliberation, the jury convicts Dassey of being party to first-degree intentional homicide, mutilation of a corpse and second-degree sexual assault. Sentencing is scheduled Aug. 2.

June 1, 2007: Avery is sentenced to life in prison with no possible parole.

Aug. 2, 2007: Dassey is sentenced to mandatory life in prison with a possibility of parole set for Nov. 1, 2048.

December 2015: Netflix releases the series Making a Murderer, in which the filmmakers cast doubt on the legal process used to convict Dassey and Avery. Authorities involved in the case have called the 10-hour series biased, while the filmmakers have stood by their work.

Aug. 12, 2016: A judge throws out Dassey’s conviction, ruling that investigators coerced a confession using deceptive tactics. He gives prosecutors 90 days to decide whether to retry Dassey.

Jury convicts Indiana gospel singer on child porn, exploitation charges

A jury has convicted a Muncie, Indiana, man of 19 counts of sexual exploitation of a minor and one count of distribution of child pornography.

Shawn Shannon, 44, a traveling gospel singer, was convicted in July after a three-day trial, said Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division.

U.S. Attorney Jim Lewis of the Central District of Illinois said the government presented evidence that Shannon lured a 13-year-old boy to a hotel in Decatur, Illinois, and directed him to pose for a series of sexually explicit photos.

Shannon also engaged in sexual contact with another minor boy and took similar photos, according to trial evidence.

He was arrested on April 15, 2015, and was remanded to the custody of the U.S. Marshals Service pending trial.

Sentencing has been scheduled for Jan. 9, 2017, before U.S. District Judge Colin S. Bruce of the Central District of Illinois.

U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Decatur Police Department investigated the case.

Trial Attorneys Maureen C. Cain and Elly M. Peirson of the Criminal Division’s Child Exploitation and Obscenity Section prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.

Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.

On the Web

For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Looming marijuana ruling could limit federal prosecutions

Rolland Gregg and his family have fought federal marijuana charges for more than three years, arguing that the roughly 70 marijuana plants investigators found on their Washington property were for their own medicinal use and fully complied with state law.

A federal jury last year convicted Gregg, his mother and his wife of growing 50 to 100 marijuana plants — amounts their attorney said are in compliance with state medical marijuana law.

With prison sentences looming, they have now turned to a recent act of Congress that they say should have stopped the U.S. Department of Justice from prosecuting them because they were doing what their state allowed. Marijuana is illegal under federal law, and the DOJ disagrees with Gregg’s understanding of the new law.

“It’s been the hardest thing I’ve ever had to deal with in my life when you see the government coming down on you for simply trying to be healthy,” Gregg said.

A federal appeals court is expected to issue a ruling soon on the scope of the law that could pave the way to end or overturn at least six federal marijuana criminal prosecutions and convictions in California and Washington, including Gregg’s, and limit future prosecutions of medical marijuana users and dispensaries in eight Western states that allow them.

“The 9th Circuit is the biggest circuit, one that contains lots of marijuana states. If they were to say, ‘The federal government is prohibited from enforcing medical marijuana law,’ that would be huge,” said Sam Kamin, a professor at the University of Denver Sturm College of Law who studies marijuana regulation.

At issue is a Congressional amendment that said the DOJ could not use funding Congress allocated to it for 2015 and 2016 to prevent states that have legalized medical marijuana from implementing laws that permit its use, distribution and possession.

The amendment’s bipartisan sponsors — California Congressmen Sam Farr, D-Carmel, and Dana Rohrabacher, R-Costa Mesa — say it prohibits the DOJ from prosecuting people who are complying with state medical marijuana laws. California and more than 20 other states have legalized marijuana for medical use. The drug, however, remains illegal under federal law.

The DOJ has interpreted the law more narrowly, saying it prevents prosecutors from trying to block state medical marijuana laws or charging state officials who implement them, yet permits U.S. attorneys to go after marijuana dispensaries and growers.

The 9th Circuit is expected to clarify the amendment in appeals by three sets of defendants who have cited it as grounds for judges to dismiss their marijuana charges.

Steve McIntosh, a dispensary owner in Los Angeles, had permits from local officials that show him in compliance with state law, according to his attorney, Marc Zilversmit. Under the Congressional amendment, the most the federal government can do is refer him to state authorities for prosecution, Zilversmit said.

Another defendant, marijuana grower Samuel Doyle, met Washington’s requirements for collective cannabis grows for medical marijuana patients, his attorney Douglas Hiatt said.

“He was growing medical marijuana for people who needed it, whether they could afford it or not,” Hiatt said.

The DOJ says McIntosh’s dispensary had ties to a street gang, and Doyle and his co-defendants did not meet the legal requirements for medical marijuana in Washington. Investigators found more than 550 plants growing on the Spokane property Doyle oversaw, and at least one of Doyle’s co-defendants indicated the marijuana was being sold, prosecutors said.

The DOJ did not respond to a request for further comment.

Gregg’s case is not among the ones the 9th Circuit is set to rule on. But he has raised the same argument as the other defendants, and the 9th Circuit has put his appeal on hold pending the outcome of the other appeals, his attorney Phil Telfeyan said.

“The feds think they have the power to override voters of the State of Washington and the will of Congress,” said Telfeyan, co-founder of the nonprofit civil rights group Equal Justice Under Law. “It’s up to the 9th Circuit to tell them, ‘Enough is enough. You can’t keep prosecuting people who are using medical marijuana for their needs.””

The DOJ cited a county investigator’s testimony that he saw evidence of a for-profit marijuana growing operation on Gregg’s family property. The investigator said he found records that he believed were for drug sales, a scale and packaging material in the house as well as firearms, according to court documents.

Gregg, 34, who owns an alternative energy company, denied he sold marijuana, saying he used the drug to treat pain following a snowboarding accident that left him with a broken back and neck. His mother has rheumatoid arthritis and his ex-wife had an eating disorder, he said, adding that all three had medical marijuana authorizations.

But the DOJ argued in his case and Doyle and McIntosh’s cases that the Rohrabacher-Farr amendment doesn’t bar it from prosecuting people violating federal drug law, even if they meet state law.

Alex Kreit, a marijuana law expert at Thomas Jefferson School of Law in San Diego, said the DOJ and marijuana defendants have strong arguments for their conflicting interpretations of the amendment.

“The (amendment’s) language is not a model of clarity,” he said. “It really is open to a number of different interpretations.”

Aid for wrongfully convicted could make open records problem

A bill that would increase compensation for people wrongly convicted of crimes has open records advocates worried over what it would do to court records.

The bipartisan bill from Rep. Dale Kooyenga, R-Brookfield, and Rep. Gary Hebl, D-Sun Prairie, would help the wrongly convicted with up to $50,000 per year spent behind bars, plus transitional services and access to state health insurance.

Another provision requires a court to seal all records related to the conviction if it’s requested by the person freed. Open records advocates say that would make it hard to examine the case to figure out where it went wrong.

“Do we really want to hide from public view the court file in cases where an injustice was done by the justice system?” said Wisconsin Freedom of Information Council president Bill Lueders.

Lueders pointed to the recent “Making a Murderer” Netflix documentary series about Manitowoc County native Steven Avery, who served 18 years in prison for sexual assault before he was exonerated. A few years after his release, Avery was sentenced to life in prison for the 2005 death of photographer Teresa Halbach. Under the current bill, Lueders said, much of the information about how the sexual assault case was handled would not have been public, giving Avery sole discretion on what to divulge.

“Sealing it all up conceals not only the fact that it happened, but also the misconduct that occurred in the case,” said Madison media law attorney Robert Dreps.

Hebl said he’s a strong supporter of open records and transparency, but in the case of people who were wrongly convicted, the records can hurt their chances to remake their lives.

“The fact that they’ve gone through this horrible travesty of judgment and spent so much time in prison for something they didn’t do, I think it’s incumbent upon us to give them some reasonable rights,” Hebl said.

The state Assembly passed the bill unanimously Tuesday and the Senate could take it up this week.

Lueders is pushing for the Senate to remove or amend the language on records. Hebl said he hasn’t heard from any legislators interested in doing that.

Hebl noted defendants could share their records with the public or with media if they want, but Dreps said giving that right only to defendants raises First Amendment concerns.

“I don’t sacrifice my constitutional rights to a defendant’s whim,” Dreps said.

He instead suggested attaching a note to any court records or online records when a case is overturned. Lueders said for most of those, shielding information won’t help with the reputation of the person involved. Many are high-profile cases with extensive media coverage that would still live online.

“You’re not going to make it go away by hiding certain court records,” Lueders said.

Group offers reward for info on illegal wolf kills in Great Lakes region

A recently established group is offering a $1,500 reward for information leading to the arrest and conviction of anyone who illegally kills a wolf in the Great Lakes region.

Great Lakes Patrol says it created the reward program in response to recent wolf killings in Michigan’s Upper Peninsula. It says another factor was the appearance of Facebook sites promoting unlawful attacks on the predators.

Founder Rod Coronado says members will circulate reward posters around the towns of Newberry and Gulliver, where dead wolves were discovered.

Rewards will be offered for other illegal kills in Michigan, Wisconsin and Minnesota.

Great Lakes Wolf Patrol says it was founded this year to monitor legal wolf hunts and worked with Wisconsin’s Department of Natural Resources to investigate illegal wolf trapping during the October hunt.

Thousands rally across U.S. after grand jury fails to indict Ferguson officer

Thousands of people rallied late on Nov. 24 in U.S. cities, passionately but peacefully protesting a grand jury’s decision not to indict a white police officer who killed a black 18-year-old in Ferguson, Missouri.

People led marches, waved signs and shouted chants of “hands up, don’t shoot,” the refrain that has become a rallying cry in protests over police killings across the country.

In Milwaukee, protesters gathered in Red Arrow Park before the decision was announced from Missouri. Red Aarow is where a police officer fatally shot an unarmed Dontre Hamilton seven months ago.

The most disruptive demonstrations were in St. Louis and Oakland, California, where protesters flooded the lanes of freeways, milling about stopped cars with their hands raised in the air.

Activists had been planning to protest even before the nighttime announcement that Officer Darren Wilson will not be charged in the shooting death of Michael Brown.

The racially charged case in Ferguson has inflamed tensions and reignited debates over police-community relations even in cities hundreds of miles from the predominantly black St. Louis suburb. For many staging protests on Nov. 24, the shooting was personal, calling to mind other galvanizing encounters with local law enforcement.

Police departments in several major cities braced for large demonstrations with the potential for the kind of violence that marred nightly protests in Ferguson after Brown’s killing. Demonstrators there vandalized police cars and buildings, hugged barricades and taunted officers with expletives on Nov. 24 while police fired smoke canisters and tear gas. Gunshots were heard on the streets and fires raged.

But police elsewhere reported that gatherings were mostly peaceful following the announcement.

As the night wore on, dozens of protesters in Oakland got around police and blocked traffic on Interstate 580. Officers in cars and on motorcycles were able to corral the protesters and cleared the highway in one area, but another group soon entered the traffic lanes a short distance away. Police didn’t immediately report any arrests.

A diverse crowd of several hundred protesters marched and chanted in St. Louis not far from the site of another police shooting, shutting down Interstate 44 for a time. A few cars got stuck in the midst of the protesters, who appeared to be leaving the vehicles alone. They chanted “hands up, don’t shoot” and “black lives matter.”

“There’s clearly a license for violence against minorities, specifically blacks,” said Mike Arnold, 38, a teacher. “It happens all the time. Something’s got to be done about it. Hopefully this will be a turning point.”

In Seattle, marching demonstrators stopped periodically to sit or lie down in city intersections, blocking traffic before moving on, as dozens of police officers watched.

Groups ranging from a few dozen to a few hundred people also gathered in Chicago, Salt Lake City, and Washington, D.C., where people held up signs and chanted “justice for Michael Brown” outside the White House.

“Mike Brown is an emblem (of a movement). This country is at its boiling point,” said Ethan Jury, a protester in Philadelphia, where hundreds marched downtown with a contingent of police nearby. “How many people need to die? How many black people need to die?”

In New York, the family of Eric Garner, a Staten Island man killed by a police chokehold earlier this year, joined the Rev. Al Sharpton at a speech in Harlem lamenting the grand jury’s decision. Later, several hundred people who had gathered in Manhattan’s Union Square marched peacefully to Times Square.

In Los Angeles, police officers were told to remain on duty until released by their supervisors. About 100 people gathered in Leimert Park, and a group of religious leaders held a small news conference demanding changes in police policies.

A group of about 200 demonstrators marched toward downtown.

The marchers briefly shut down the northbound and southbound lanes of Interstate 110 in downtown Los Angeles, according to City News Service. People stood and lay in the northbound lanes and the center divider. California Highway Patrol officers declared an unlawful assembly.

After midnight, about 100 police officers wearing riot gear fired hard foam projectiles into the ground to disperse about 50 protesters on Pico Boulevard in downtown Los Angeles, the Los Angeles Times reported.

Another group of about 30 people marched all the way to Beverly Hills, where they lay down in an intersection.

Chris Manor, with Utah Against Police Brutality, helped organize an event in Salt Lake City that attracted about 35 people.

“There are things that have affected us locally, but at the same time, it’s important to show solidarity with people in other cities who are facing the very same thing that we’re facing,” Manor said.

At Cleveland’s Public Square, at least a dozen protesters’ signs referenced police shootings that have shaken the community there, including Saturday’s fatal shooting of 12-year-old Tamir Rice, who had a fake gun at a Cleveland playground when officers confronted him.

In Denver, where a civil jury last month found deputies used excessive force in the death of a homeless street preacher, clergy gathered at a church to discuss the decision, and dozens of people rallied in a downtown park with a moment of silence.

Twitter: #Ferguson

Associated Press writers Olga R. Rodriguez in San Francisco; Jim Salter and Alan Zagier in St. Louis; Tami Abdollah in Los Angeles; Kantele Franko in Columbus, Ohio; Sean Carlin in Philadelphia; Deepti Hajela in New York; Michelle L. Price in Salt Lake City; and Joshua Lederman in Washington, D.C., contributed to this report.



Laverne Cox stands with transgender student appealing ‘manifesting’ prostitution conviction

A student and activist at Arizona State University is appealing her conviction under Phoenix’s “manifesting” intent to engage in prostitution ordinance.

Monica Jones is seeking a reversal of the conviction with the support of her pro bono attorney at Perkins Coie, the American Civil Liberties Union and Emmy-nominated actress Laverne Cox.

Jones, who is a transgender woman of color, was convicted in April in Phoenix Municipal Court for a misdemeanor under a city code that criminalizes waving at cars, talking to passersby and asking of someone is a police officer, according to her legal representation.

“The officer who arrested me profiled me as a sex worker because I am transgender, I am a woman of color and I live in an area that is perceived to be low income,” Jones said.

Jean-Jaques “J” Cabou, an attorney at Perkins Coie, said Jones was denied a trial by jury, convicted of a misdemeanor she did not commit and prosecuted under a statute that is unconstitutional.

“This law is unconstitutional, her trial was unfair and her conviction should be reversed,” Cabou said.

Jones also has found support from the ACLU, the ACLU of Arizona, the Transgender Law Center, Lambda Legal and the Urban Justice Center — the civil rights groups have filed a friend-of-the-court brief on the student’s behalf and against the Phoenix law.

“Transgender women, especially transgender women of color, are too often perceived by law enforcement to be engaged in prostitution solely because of their transgender status,” said ACLU attorney Chase Strangio. “Vague and overbroad laws, like Phoenix’s manifesting ordinance, give too much discretion to police officers, encouraging biased policing against women of color, particularly transgender women of color, people living in poverty and other members of the LGBT community.”

The amicus brief argues, in part, that Jones was assumed to be engaging in sex work because of how she looked.

During Jones’ bench trial, the arresting officer said that Jones’ presence in an area he claimed is “known for prostitution” and her outfit, which he described as a “black, tight-fitting dress,” suggested to him that Jones was manifesting intent to engage in prostitution.

The arresting officer at trial, and about 20 times in his written report, referred to Jones as a man.

Lending support to Jones’ cause, LGBT civil rights advocate and actress Laverne Cox, said in a statement, “Our society is unfortunately filled with negative assumptions about trans women. This law allows all of those assumptions to be acted upon, emboldening officers to arrest people just because of how they look or act. Walking while trans should not be a crime, but this law can certainly make it one.” Cox is starring in Orange is the New Black on Netflix.

Are you missing out on our ticket giveaways and free discount coupons? Simply like us on Facebook and follow us on Twitter.

Man appeals conviction in porn rival murder

A Virginia man convicted in the murder of a rival in the gay porn business in northeastern Pennsylvania is seeking a new trial, arguing that his attorneys weren’t effective and claiming his co-defendant committed the murder.

Thirty-two-year-old Harlow Cuadra of Virginia Beach, Va., was convicted of first-degree murder in the 2007 slaying of 44-year-old Bryan Kocis in his rural Dallas Township home.

The Wilkes-Barre Times Leader  said Cuadra’s former attorneys testified earlier this month in Luzerne County Court that they made his case a priority and spent much time and effort preparing for trial. The attorneys also said Cuadra withheld information from them.

Investigators said Cuadra and 26-year-old Joseph Kerekes killed the victim and set his house on fire.

Kerekes pleaded guilty to second-degree murder and sentenced to life in prison. 

Iowa man who didn’t tell his sex partner he had HIV wants conviction overturned

A Plainfield, Iowa man sentenced to 25 years in prison for failure to notify his sex partner he carried HIV went before the Iowa Court of Appeals this week.

Nick Rhoades had pleaded guilty to failing to disclose his HIV status before having sex with a Cedar Falls man in June 2008.

His attorneys say the contact was consensual, Rhoades used a condom and HIV was not transmitted.

Rhoades, whose sentence was reduced and who has been on probation, claims he should not have been advised to plead guilty because he lacked the intent to spread HIV required to be proven by state law.

Rhoades, who had to register as a sex offender for life, wants his conviction overturned.