Proving a crime is a real "burden"!

Two cases currently being given an inordinate amount of hysterical media attention demonstrate how the public can have a twisted view of justice in America. More importantly, they are left with the impression that the cops always get it right and ignore the vast number of wrongfully convicted people in this country.

OJ is at it again! Or is he? Was he set up? Even some commentators think so as discussed on CNN InSession BLOGs. The hysterical reaction to OJ over the years is explicitly played out here. After his arrest for trying to get his own property back, who were the first to be interviewed? The Goldman's!! How's that for getting a fair shake? The actual evidence - available for those who care to look - shows a judge who let in tapes secretly recorded that even the FBI expert admitted could have been altered, the witness who did the taping selling them to a gossip website (TMZ) BEFORE he gave them to the police and then writing a book well before the trial and the arresting cop admitting that he normally arrests people before making a complete investigation! There is little doubt that OJ was trying to get his stuff back himself (without the police) to avoid any proceeds from going to pay the $33 million dollar judgment against him, but that does not mean he knew that a gun was brought to the party. His rat/snitch friends know that but will say anything after the frantic rush to cut deals with the government.

On the other side of the country, a young woman is being crucified daily in the press. Casey Anthony reported her daughter Caylee missing in July - a month after she went missing. Since then, she has been vilified as "unstable," "perplexed" and that she had long ago tried to give Caylee up for adoption. The authorities then claim to have found Caylee's hair, an "odor" and "stains" (which can only be seen with a black light) in the trunk of Casey's car. There is reportedly evidence of a "decomposing body" and traces of choloform. Never, however, have any of these supposed scientific tests been confirmed. I have seen countless instances where DNA and fingerprint "evidence" has been debunked because of faulty sample collection, messy lab work or flat-out corrupt technicians. But the media plays it like undoubted fact and then engages in salacious smears to paint this woman in the most evil light possible. Enough already!!! Can't the media allow the process to work without poisoning the jury pool before someone has a chance to defend themselves. The paper thin case they are trying to build reminds one of the Manhattan Beach sex abuse case (day care worker acquitted of molesting hundred's of preschool children) or the Duke LaCrosse case (where the DA was ultimately disbarred for abusing his position by manipulating the stripper "victims" of a claimed sexual assault).

Trying someone in the press is not what this country, or a criminal justice system are about. It turns into entertainment for those that can't get enough of Britney, Paris and Lindsay. If anyone has any doubt about the need for an experience and aggressive defense lawyer, these cases ar explicit examples of that need.

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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Entrapping "Thug Mike"?

Yesterday, a federal jury took just 6 hours to deliver guilty verdicts on 9 felony counts of bribery, extortion, attempted extortion and failing to file a financial form on a wire transfer of $15,000 against former Milwaukee alderman Michael McGee, Jr. [See McGee Guilty - JS Online] The entire uproar consisted of complaints by local Arab businessmen that McGee was shaking them down for money and gifts in direct connection with their liquor licences. In essence, no money, no license.

At first blush, the evidence seemed overwhelming: hours upon hours of recorded wiretaps where McGee referred to himself as "Thug Mike" and repeatedly appeared to be telling these government witnesses that he was God to them in their ability to stay in business. In his own words, McGee claimed to be the "gatekeeper." A closer examination, however, exposes at least a plausible entrapment defense. That seemed to be where the defense was trying to head but ultimately they portrayed the informants as incredible plotters just looking to remove a sitting alderman. There was plenty of evidence to support that view including the fact that the star witness, Adel “Jack” Kheirieh, actually ran for McGee's seat following his arrest even though Kheireh lived in Franklin.

Personally, I think that 2 things are going on: First, McGee had a huge target on his back from day 1 - just being the son of former alderman Mike McGee was enough to draw fire. The FBI and the US Attorney's office have spent a great deal of time and resources focusing on City Hall in the past few years (and state officials, too). They have racked up some convictions (Pawlinski, Cameron, Henningson) but have had some colossal embarrassments (Thompson, Donovan). Given that very mixed record, one has to question the tactics and judgement of law enforcement in gathering evidence and bringing cases that are highly questionable.

Second, and related, the fact that no other business owners than this tight group of Arab businessmen (who cling together under pretty much any environment as they all deal with each other just to survive) testified about McGee's conduct seems instructive. Were they the only businesses in the district with liquor licences? Hardly. However, if McGee was as thoroughly corrupt as he was represented, wouldn't all the black, white and Asian license holders be lining up to testify? The 6th district has 86 licences listed here and the government included testimony from a very small group of closely aligned business owners that went to great lengths to enhance the target on McGee's back. Where were the rest? Undisturbed by McGee, apparently.

I saw only a small portion of the trial but it seems that the verdict is at least questionable given the intense focus by law enforcement and the context of the 6th district business environment. As to propriety of the Aldermadic Privelege, that will have to wait for another blog post, such as the one about overzealous prosecutors and TJ Perlick-Molinari, the hero of that day.

White Collar Crimes

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John A. Birdsall, Birdsall Law Offices, S.C.

135 W. Wells St., Ste 214, Milwaukee, WI 53203

414.831.5465 - www.birdsall-law.com

Defense Lawyers Vindicated

On 6/1/08, Chicago Police Officer Kieth Herrera went public for the first time about massive corruption within his "Special Operations Section" (dubbed SOS) in some of Chicago's toughest neighborhoods. Up until now, his ratting out was done strictly with the FBI. His appearance on 60 minutes detailed the rampant corruption within the SOS that, in summary, amount to uncontrolled police state tactics to "get the job done" - i.e. use whatever means are necessary to get drugs and guns off the street. This includes beating suspects, warrantless and unjustified searches, lying in reports and in court - all in the name of "justice."

Now, I could go on a rant about the police and their ridiculous rationalizations about how they HAVE to break the law to get at these criminals. However, the important point for folks (i.e., the public who are typically silent on these points) to remember is that it is exposing exactly this sort of illegal overreaching that defense lawyers do every day in this country. And, I would be quick to add, that we are really only ones doing it. The DA's don't - they work WITH these guys every day and consider them partners in their valient mission. The judges don't because even though they can't honestly believe that the police are always honest, they really have nothing else to go on other than a pissing contest between defendants and cops. It is the defense lawyer that investigates and presents this corruption and overreaching to courts. It is a very difficult uphill battle most of the time but the legal basis is usually a 4th (searches), 5th (Miranda, confrontation) or 6th Amendment (right to an attorney) claim. Some call them "technicalities" but we call them mechanisms form achieving some semblance of fairness.

For an excellent article on the "defense of defense attorneys" (by a federal judge no less!!) click here. Yes we matter.

See also:
Police Interrogations
Legally, Police CAN Lie

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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