Legal Radar

Baltimore Police Officers Indicted in Death of Freddie Gray

Several police officers who have been charged for the death of Freddie Gray were recently indicted by a jury. The latest in the case have led to protests and riots all over Baltimore. It also sparked another nationwide debate over police force.

Gray, 25 years old, died on April 19, one week after succumbing to a spinal injury in police custody after being arrest in West Baltimore. It was mentioned that the charges made against police officers --- Garrett E. Miller, Edward M. Nero, Caesar R. Goodson Jr., Alicia D. White, William G. Porter, and Brian W. Rice --- were the same as that announced early this month.

Added charges were made against three police officers. Three other officers had their false imprisonment charges dropped. But a charge of reckless endangerment was included in all six police officers.

Gray’s injury was believed to have happened while being handcuffed and placed in a police van.

The Justice Department kicked off a civil rights probe into the Baltimore police department after the death of Gray.

Manhattan DA to Gives Etan Patz Case Another Try

Manhattan prosecutors will likely have a retrial of a New Jersey resident who was charged with the disappearance of Etan Patz in 1979. Cyrus Vance Jr., a District Attorney, announced of the retrial early this week after the initial trial left the jury hanging early this month.

54-year old Pedro Hernandez released a confession to local police in 2012 of him luring Patz into a SoHo bodega (where he was employed at the time), and murdered the boy. His attorneys argued the confession was nothing but a lie after facing hours of interrogation.

The disappearance of Patz on May 25, 1979, caused a countrywide fixation and remains one of the biggest unsolved cases in New York.

Hernandez’s multi-week murder case, which started in January, revealed testimonies from more than 50 witnesses. After 3 long weeks of arguments, a mistrial was declared when one of the jurors said he couldn’t vote to make a conviction of Hernandez.

Another trial schedule on the same case could be set next month.

Manhattan DA to Gives Etan Patz Case Another Try

Manhattan prosecutors will likely have a retrial of a New Jersey resident who was charged with the disappearance of Etan Patz in 1979. Cyrus Vance Jr., a District Attorney, announced of the retrial early this week after the initial trial left the jury hanging early this month.

54-year old Pedro Hernandez released a confession to local police in 2012 of him luring Patz into a SoHo bodega (where he was employed at the time), and murdered the boy. His attorneys argued the confession was nothing but a lie after facing hours of interrogation.

The disappearance of Patz on May 25, 1979, caused a countrywide fixation and remains one of the biggest unsolved cases in New York.

Hernandez’s multi-week murder case, which started in January, revealed testimonies from more than 50 witnesses. After 3 long weeks of arguments, a mistrial was declared when one of the jurors said he couldn’t vote to make a conviction of Hernandez.

Another trial schedule on the same case could be set next month.

Oregon House Clears Gun Bill, Lands on Governor’s Desk

Since the massacre in 2012 at Sandy Hook School in Newtown, Connecticut, advocates of gun-control are working hard to seal loopholes found in the current background-check laws.

Not all efforts were deemed successful. Gun-rights advocates believe that such measures are a burden and won’t do much to halt crime. But in 2014, residents of Washington State voted to solidify its background-check laws. Currently, the Oregon legislature is doing the same.

Early this week, the Oregon House ended with a 32-28 vote to support the Senate Bill 941, which entail background checks for gun buyers via private sales. At present, background checks in Oregon are only carried out for individuals purchasing a firearm from a gun show or certified dealer.

The bill has now moved on to Oregon Governor Kate Brown’s desk, who promised to sign the bill.

The bill passage makes Oregon the 12^th state to enforce checks on transfers and checks within private parties for long and hand guns.

Judge: GM Can Retain Its Bankruptcy Protection

A federal judge early this week ruled that GM (General Motors Co.) can hold on to its bankruptcy protection, which allows it to halt legal claims worth billions of dollars from consumers seeking damages over a faulty ignition switch.

Robert Gerber, a U.S. bankruptcy judge, who heard the oral arguments, submitted a 134-page ruling indicating that he couldn’t find evidence where GM carried out fraudulent acts in court when it participated in the bankruptcy process. The protection curbs customers from filing suit for compensation for injuries sustained and declining resale values to older GM vehicle models equipped with faulty ignition switches.

Attorneys of the plaintiffs argued that GM mislead the court for not revealing the faulty ignition switch matter, which it had knowledge of back in 2005. GM said its executives weren’t informed of the issue until 2013, which pushed for a 2.6-million vehicle recall a year later. The ignition switch problem has now been linked to over 80 deaths and more than 100 injuries.

Ex-Blackwater Security Team Slapped with Long Sentences

Just early this week, a federal judges carried out a stiff prison sentences on 4 ex-Blackwater guards for being part of a 2007 Baghdad shooting that killed 17 Iraqis and wounded 14 others.

One of the ex-Blackwater guards, Nicholas Slatten, a sniper, was convicted of murder and received a life sentence. The remaining three, Dustin Heard, Paul Slough, and Evan Liberty, were each given a 30-year sentence for manslaughter and weaponry offenses.

Judge Royce Lamberth passed down the sentences in a proceeding, taking place in a courtroom where friends and family of the guards were present, along with a small number of relatives of the Iraqi victims.

Sentences given to guards involving weaponry charges and manslaughter were lower than what was sought after by the federal government. In carrying out the sentences, Lamberth said he weighed the seriousness of the crimes committed and the clean records of the accused.

Attorneys for the guards intend to make an appeal.

Jury to Make Death Penalty Decision on Tsarnaev

Dzhokhar Tsarnaev, the suspect who confessed to carrying out the Boston bombings, was convicted this week on charges which include murder and using weapons of mass destruction, has set the stage as to whether or not he should receive the penalty.

Prosecutors who had the advantage of the case against Tsarnaev will now see themselves as the underdogs, fighting a tough match, when the likely guilty verdicts push them into the penalty stage. They’ll need to aggressively convince the jury that Tsarnaev deserves the death penalty.

The government will need to prove outright that Tsarnaev is a “necessity” to add to the feelings of closure and security of Boston. Basically, the execution will serve in making Boston a “strong” city and is something that will aid and rebuild its community.

A suspect, Louis Jones Jr. was sentenced to death for the kidnapping and murder of Tracie McBride, a United States Army Private. He died through lethal injection more than a decade back where all federal executions are now taking place.

Jury Deliberations on Boston Marathon Bombing Trial Begins

A federal jury early this week failed to come up with a final verdict in the case of Dzhokhar Tsarnaev, the suspect in the Boston bombings. But a schedule to resume with deliberations will begin this Wednesdays morning.

Judge George O’Toole Jr. sent the jurors home after spending a solid seven hours making deliberations.

Tsarnev, 21 years, is facing 30 charges and may end up with a death penalty if convicted in one or several counts. They include using a weapon of mass destruction that led to multiple deaths as well as the killing of a police officer.

A guilty verdict may likely be prelude to the sentencing phase that will determine if Tsarnaev would either be given a death penalty or a life sentence.

Over 200 people were injured during the bombing that happened seconds from each other. More than a dozen people lost their limbs.

Tsarnev’s older brother was killed in a shootout with the police, while he briefly eluded the police. He was later found wounded and hiding in a boat.

Prosecutors Rest Boston Marathon Bombing Case

Prosecutors have rested their case against accused Boston marathon bomber Dzhokhar Tsarnaev early this week after jurors in his death penalty trial saw autopsy photos and even heard a medical examiner describing horrific injuries and deaths suffered by the 2013 attack.

But Tsarnaev’s attorneys started out their defense by clearly pointing out that his older brother was the mastermind of detonating pressure-cooker bombs close to the finish line of the Boston race.

The defense made it very clear from the first day of the testimony last month that their aim isn’t to acquit Tsarnaev but to save him from the death penalty by claiming that his brother, Tamerlan, was the culprit of the terror bombings.

If Tsarnev is convicted, the trial will push for the second face, where the same jury panel will hear out further evidence to make a decision whether Tsarnev should take the death penalty or spend his remaining life in jail.

Prosecutors will lay out evidence of aggravating aspects to prove that Tsarnaev deserves the execution.

Lufthansa to Compensation Claims If Responsible for Crash

Lufthansa may end up paying compensation claims to the families’ victims of the Germanwings crash if the airline happens to be liable.

Experts believe the average damages payment of £100,000 won’t apply as families/relatives will ask for more to respect the 150 passengers killed in the crash.

Preliminary evidence from the airline’s 9252 cockpit recorder indicated that Mr. Lubitz locked himself in the cockpit and had the pilot reprogrammed to bring the plane from 36,000 feet all the way to 96 feet off the ground.

The amount the airline will end up paying will depend on the filed claims.

Lufthansa may deal with higher claims if it so happens the breadwinner of the family was killed in the crash. Survivors can easily sue them for years for lost income.

Experts believe Lufthansa may end up settling with the families/relatives of victims to prevent the case from going to court.

The airliner is immediately providing 50,000 euros for every passenger who died. Such payment is completely separate from the actual compensation.