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Showing posts from June, 2014

Lying Witnesses: The Shabby State of Criminal Justice in our Country

The American Criminal Justice System: “Houston, We have a Problem.” James Ferguson Mark Fuhrman, convicted of a felony perjury after the O.J. Simpson trial, is now a national Fox legal analyst, an “expert witness” on police matters. Last week, the 6th Circuit Court of Appeals in Cincinnati, Ohio, ruled “Dr.” James Ferguson, a state toxicologist, convicted of perjury, could NOT be sued or found liable for lying in a murder case where his expert witness testimony was relied upon by the judge for the conviction. Fred Zain, toxicologist at the West Virginia Department of Public Safety, falsified lab results which resulted in as many as 134 wrongful convictions. Once under investigation, he merely picked up and moved to San Antonio, Texas to work as a toxicologist where an investigation found at least 180 cases in which fraud may have led to wrongful convictions. He died in the comforts of his Florida home in 2002. Picking up the pieces in Boston, Massachusetts, over 34,000 lab

Judge Punches Defense Attorney: The Big Picture

http://www.wftv.com/news/news/local/brevard-judge-accused-punching-public-defender/ngCGC/ What is wrong with this picture ? On the surface of it, it looks like a judge challenged a defense lawyer to a fight and they both mutually agreed to duke it out behind the courtroom. However, this is NOT the case at all for MANY reasons.  When you watch recent news clips, you don’t see defense lawyers telling news reporters that Judge John Murphy has “issues.”  No, of course not ! How could they expect to get good plea bargains, rulings and judgments from the judge once they go on the news criticizing him ? Let’s get real. So what does the public really know for those who don’t know the judge and who don’t practice criminal law ?  Here is why this is SO important. First of all, the venue. A courtroom has rules of decorum. There to enforce the rules are bailiffs. One cannot yell, demean people, or physically fight in court. To make sure it is a safe environment, the public, including defe

How We got Basic Rights in Criminal Courts, A History Lesson

A History Lesson in Aaron Burr When it comes to Aaron Burr, history has it wrong. I asked my son Spencer to show me his American History book this year so I could inspect its reportings on Aaron Burr. As suspected, there was a short blurb void of facts and a speculative conclusory statement referencing Burr's dubious ambition in separating the American west from the east, even though this is not true.  The Texas School Board, is not alone, despite its notorious criticisms. One can go back to real time obituaries of Aaron Burr and read such innuendos.  History is for those who write it. History does not always add up to facts.  That is why I decided to get down into the complex minutiae of the actual Aaron Burr trials so that I could grasp the issues clearly.  I had no idea that his case was the definitive case that gave our citizens in practical reality the right to counsel, the right to bail, the right to confront one's accusers, the right to inspect evidence. My concern t