Wednesday, September 16, 2015
Ian Wallach is not presently authoring posts on trialfiend.com, he continues to post to the blog on criminal justice reform -- Renovate Justice (www.renovatejustice.com). Should you wish to contact Ian Wallach, you can do so by contacting the Law Offices of Ian Wallach, P.C. at www.wallachlegal.com.
Friday, July 3, 2015
9th US Circuit Court of Appeals Judge Alex Kozinski Published Detailed Analysis of Flaws In Trials And Evidence In Our Criminal Justice System (from an evidentiary standpoint)
Judge Alex Kozinski, of the 9th US Circuit Court of Appeals, who is one of America's most prominent jurists, publishes an article enumerating the serious flaws in the present criminal justice system in California. There article can be read here. You can also download it directly as a pdf here.
I began to list the more salient points – but there are too many. Please take the time to read this – it is a pleasure, and it is enlightening, and it is frightening.
Tuesday, May 26, 2015
The Richard Durst trial has captured national attention – the television documentary was gripping, but complaints about the editing suggests that the “truth-seeking” representations in the film may be questionable. The present pursuit of Mr. Durst as the defendant in this matter also runs contrary to purported police officer findings when the matter was originally investigated in 2000.
To access the publicly-available materials related to the Durst matter, click here: https://www.dropbox.com/s/84i78t2gitftc57/People v. Durst. SA089983.Felony Complaint For Extradition.March 16 2015.pdf?dl=0
From these materials, one can discern the following:
- The Felony Complaint for extradition was signed on March 16, 2015, the day after the airdate for the season finale of The Jinx, which strongly indicates collusion between HBO and the Office of the District Attorney for the County of Los Angeles.
- Durst’s legal team is headed by Dick Deguerin, who has among the finest reputations any criminal defense attorney can aspire to.
- Durst’s local counsel, for the Berman matter in Los Angeles, is Don Re – another phenomenal attorney, known for representing Snoop Dog, but also a real trial attorney and a fixture at the LAX courthouse – where the matter is pending.
- The matter is pending at the LAX courthouse (which has the finest bench in Los Angeles, in my opinion).
- The Complaint asserts that the death penalty can be sought – and the reason is that there is an allegation that the crime occurred because the victim was a witness to a crime.
- The Investigating Officer is Gevork Shamlan of the LAPD Robbery and Homicide Division.
Considering the pending federal action in New Orleans related to a gun charge, and Mr. Durst’s age, the matter may never play out in Los Angeles. If it does, considering the docket at the LAX courthouse, I anticipate that it will be sent down to the downtown courthouse and understand that four Deputy District Attorneys have been assigned to the matter, and that the team is lead by Richard Llewellyn, Jr. (this is not confirmed).
Monday, May 18, 2015
Washington Post. Sally Yates operates the DOJ and oversees the FBI; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; and the Bureau of Prisons. She has voiced her commitment to follow through on the Criminal Justice Reforms started by Eric Holder. In the article, Sally Yates is quoted stating ““Certainly, I don’t think I can ever be accused of being soft on crime,” Yates said. “But we need to be using the limited resources we have to ensure that we are truly doing justice and that the sentences we’re meting out are just and proportional to the crimes that we’re charging…We’re not the Department of Prosecutions or even the Department of Public Safety,” Yates said. “We are the Department of Justice.” To read the article, click here: New deputy attorney general: ‘We’re not the Department of Prosecutions
The President has announced that – as part of his push to ease tensions between communities and law enforcement – he will ban police departments from using federal funding to acquire items that include tracked armored vehicles, the highest-caliber firearms and ammunition, and camouflage uniforms. This follows the release of a 116 page DOJ report arising out of the incident in Ferguson, calling for law enforcement agencies to “embrace a guardian — rather than a warrior — mind-set to build trust and legitimacy both within agencies and with the public.” The NY Times Article is here: Obama to Limit Military-Style Equipment for Police Forces
Sunday, May 17, 2015
In the NY Times article “Death Sentence for Boston Bomber, Dzhokhar Tsarnaev, Unsettles City He Tore Apart”, people share confused sentiments in response to the death penalty finding. “But since a federal jury on Friday sentenced the convicted bomber to death, the finish line suddenly seems to be a place of ambivalence. Fresh flowers are accumulating. A sense of sorrow lingers in the air. Sightseers who come to snap a photo feel a little self-conscious. Residents train their gaze on the line, and the conversations turn to death — and disappointment. ‘I was shocked,’ said Scott Larson, 47, a records manager who works near the finish line. ‘The death penalty — for Boston.’” To read the full article, click here: http://www.nytimes.com/2015/05/17/us/death-sentence-for-boston-bomber-dzhokhar-tsarnaev-unsettles-city-he-tore-apart.html?ref=todayspaper&_r=0