WHITE PLAINS SPEEDING TICKETS – SCHOOL ZONE SPEEDING TICKETS

Fri, 21 Nov 2008 19:43:07 GMT

The City of White Plains Police Department is relentless when it comes to issuing speeding tickets. This is especially so in school zones. At Tilem & Campbell we are routinely retained by motorists who received a school zone speeding ticket in White Plains. Many of these White Plains speeding tickets are issued in the Stepinac High School zone along Mamaroneck Avenue where the speed limit drops from 40 mph to 25 mph. Although there is no parking across the street from the high school, there are no drop off points across the street from the high school, the high-school is set back several hundred feet from the main road and all student parking and pick-up locations are several hundred feet from the main road, the speed limit drops dramatically at that location and others along Mamaroneck Ave. and elsewhere.

School zone speeding tickets are covered in NY VTL § 1180(c) which states in general terms that whenever a maximum school zone speed limit has been established, no motorist shall exceed said speed limit during school days indicated on a school zone speed limit sign provided that such reduced speed can only be in effect from 7 a.m. to 6 p.m. or any time interval in between (See VTL § 1180(c)(1)).

Instead of a school zone speed limit sign, a reduced school zone speed limit may be indicated by flashing lights indicating that a reduced school zone speed limit is in effect during school activities. Such flashing lights may only flash and therefore, may only reduce the school zone speed limit for a period starting 30 minutes before and up to 30 minutes after school activities (See VTL § 1180(c)(2)).

These School Zone tickets are often prosecuted more aggressively than other types of speeding cases in the White Plains City Court and in other Courts such as Mamaroneck and Harrison.

If you have been issued a White Plains Speeding Ticket for exceeding a school zone speed limit or any other traffic violation including work zone speeding, red light, no left turn, etc, call Tilem & Campbell toll free at 1-877-DR-SUMMONS (1-877-377-8666) for a free consultation or visit www.DrSummons.com.

Mortgage Fraud Sends Defendant To Prison For 135 Months

cfpeterson@mac.com (Chuck Peterson) — Fri, 21 Nov 2008 19:43:07 GMT

If you think that white colar crime results in a slap on the wrist, consider the recent sentencing decision in a case of mortgage fraud, in Georgia. The Georgia United States Attorney reports that last week Adriene Newby-Allen was sentenced to 135 months imprisonment and ordered to pay $5,278,703 in restitution. Newby-Allen pled guilty in July to charges arising from a multi-million dollar mortgage fraud scheme. She was alleged to have conducted a mortgage fraud scheme from which she and others fraudulently obtained millions from mortgage companies through inflated mortgage loans obtained by straw purchasers, including her husband and another co-defendant. Newby-Allen herself received approximately $1 million in loan proceeds. She allegedly inflated the sales price of real estate and caused the submission of false loan applications and other documents. At the closings on the properties, Newby-Allen and her co-conspirators caused lenders through false representations to disburse millions to a shell company she created.

The use of "straw purchasers" is neither new nor unique to Georgia. In Idaho we have seen similar allegations in real estate and mortgage fraud cases in federal and state court. I represented clients this past year in a case that alleges the defendants used "straw purchasers" to obtain favorable loans from a local bank, hoping to quickly flip the properties and then pay off the loans from the profits. Trouble (in the form of civil lawsuits and criminal charges) usually follows such schemes. The declining real estate market left the "straw purchasers" holding the debts, even though they never intended to own the properties. My clients were not indicted but were actually victims of that scheme.

Consider the penalty imposed by the federal district judge in Georgia - time and money. Lots of time and lots of money, the latter of which the defendant likely does not have. The federal sentencing guidelines continue to guide the courts as they consider an appropriate sentence in any federal case. The amount of the loss is one of the factors used by the guidelines in calculating an appropriate sentencing range. What struck me about this case was the amount of time - 135 months. That is hardly a slap on the wrist. Eleven years sitting in a federal prison should give Adriene Newby-Allen ample opportunity to mull over the choices she made. Just so you know - she will likely serve ten years or more before any release - and that early out will only occur if Adriene Newby-Allen demonstrates good behavior. Look for similar fraud cases to come throughout the United States as the nation demands an accounting for white collar crime.

It goes without saying that if you are contacted by authorities wanting to know about any role you may have had with respect to a mortgage loan or banking transaction - get a lawyer immediately. There is no substitue for good counsel in such circumstances.

From the NY Times

Fri, 21 Nov 2008 19:26:47 GMT

Court Weighs How Juries Should Hear Lab Evidence.

What if They Gave a WOD and Nobody Came?

mark@fightthefeds.com (Mark Bennett) — Fri, 21 Nov 2008 19:07:03 GMT

The New York Times suggests a solution to the problem of insufficient funding for indigent defense: With states struggling to come up with financing for schools and hospitals, we fear politicians are unlikely to argue for significantly more money for public defenders’ offices. To solve the immediate crisis, new sources of support would have to be [...]

The New York Times suggests a solution to the problem of insufficient funding for indigent defense:

With states struggling to come up with financing for schools and hospitals, we fear politicians are unlikely to argue for significantly more money for public defenders’ offices. To solve the immediate crisis, new sources of support would have to be found — quickly.

One approach would be for states to increase the registration fees charged to lawyers. The private bar also must significantly expand pro bono representation. Such efforts alone cannot fill the gap. Ultimately, government must take responsibility. All defendants, rich or poor, have the right to competent legal counsel.

(Brother Greenfield responds, with Twitterworthy conciseness, “Bite Me.“)

Let’s reason this out.

States are struggling to come up with financing for schools and hospitals.

The government has to provide effective representation to the indigent accused. They accuse somebody, they have to make sure she can afford counsel.

If the government spends more on prosecutions, it has to spend more on defense as well (unless it’s just prosecuting those who can afford to hire counsel).

So why, instead of bailing out the government by spending more (in the form of higher taxes, or higher lawyer registration fees, or more “pro bono” lawyer time) on indigent representation, aren’t we talking about spending less on criminal prosecution?

The Times’s suggestion arises out of the conventional wisdom that lawyers have a societal obligation to defend the poor pro bono; this conventional wisdom accreted before Gideon, and before the “War on Drugs” was in full swing. But pro bono publico means for the public good, and most criminal defense lawyers hold very strongly the opinion that the WOD is not in the public good. Participating in the WOD enables the WOD. Lawyers don’t have any obligation to be enablers of crackpot policy.

Requiring lawyers to subsidize, with their time and money, the criminal justice system that takes money away from the schools and hospitals would be like requiring the drunk’s abused spouse to pay for the food and gin so the abuser could pay the electric bill.

Suppose that all defense lawyers decided that the death penalty was unconscionable, concluded that the only way to stop the government from killing its people would be to conscientiously object to participation in death penalty cases, and did so. Death penalty prosecutions would grind to a halt.

That is an example of how we can influence policy not only through what we do, but also through the things we refuse to do. This only works, however, if and to the extent that there is a shortage of lawyers willing to take whatever the government is willing to pay for the work. The current situation, in which the government can afford to prosecute more cases than it can afford to defend, may present an opportunity to the bar. If we refuse to bail out the system, they system will hit rock bottom, and something will to give. If we can do it for the public good, we should.

So how about if lawyers refuse to work pro bono on the drug cases, but take on the other cases for free? No good — now you’re asking the battered spouse to pay for the food so the drunk can pay the electric bill and the food bill. That’s just shifting the money around.

The solution to the problem of indigent defense is not to spend more on indigent defense, but rather to spend less on prosecution.

The quickest, easiest, least painless way to pay for schools, hospitals, and criminal justice is to guy the criminal justice system by eliminating the most wasteful and harmful single program in the history of criminal justice: the WOD.

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John Marshall is in the HOUSE

jfmesq@hotmail.com (John Marshall) — Fri, 21 Nov 2008 19:06:58 GMT

It is always interesting when you are requested to give legal commentary. I really got a kick Thursday when I received a call from a writer/researcher from the Fox television show House. I could not help but appreciate the irony of being enlisted on such a dark show when my New Jersey criminal defense practice has such a dark side as well.

I was even more excited when the writer told me why he was calling me. He had done some research on a potential plot that involved someone being arrested in New Jersey for urinating in public, and his research indicated that I was a prominent authority on this subject. What a pinacle of achievement. Perhaps I can parlay this into a specialty in NJ lewdness charges. Anything is possible!!!

Morton Ranch Cheerleaders Indicted

matt@scheinerlaw.com (Matthew Skillern) — Fri, 21 Nov 2008 18:35:15 GMT

The Harris County District Attorneys office has secured indictments of cheerleaders from Morton Ranch High School. The Houston Chronicle reports that these indictments may be the first for Harris County under the 1995 anti-hazing law. Everyone is applauding the Harris County District Attorney's Office for pursuing this charge. Yet, the cases went before a Grand Jury. Misdemeanors do not typically go to the Grand Jury unless it is a high profile NFL player or if the DA's office does not want to shoulder the blame for rejecting the case or prosecuting the case.

Currently, 44 states have anti-hazing laws with Arizona being the most recent to join the ranks. The Texas anti-hazing statute is found in Section 37.152 of the Texas Education Code. The Statute can range from a class b misdemeanor to a State Jail Felony depending on whether there are injuries or death. Of course a class b misdemeanor, such as these cases, is assigned when there are not any injuries. That means nobody was physically hurt.

This is a broad and scary statute. Two things I think are important and people need to know:

1.) Failing to report hazing is a class b misdemeanor. This is similar to the requirement to report child abuse cases. I had no idea that "failing to report" hazing was a criminal offense. What this means frat boys is that being present but not participating in hazing could land you in court. You have to let the Dean or Principal know about the hazing IN WRITING.

2.) Consent is not a defense.

This is a pending case with young futures on the line so I am not going to speculate about what did and did not happen. I am more interested in discussing if this is the appropriate venue to resolve this matter.

Assuming there is merit to these allegations, what should happen to these cheerleaders? Should they be in criminal court for continuing what is most likely some tradition that they were once on the receiving end.

As a parent, I can certainly understand the outrage of the parents of the JV cheerleaders and wanting some accountability. These parents were well within the zone or reasonableness for reporting what happened.

If theses allegations are true, then this practice must be stopped at once. Second, there should be some real consequences for these girls. BUT I am thinking more a long the lines of kicking them off cheerleading, not allowing them to attend any extra-curricular activities such as prom or walk in graduation, etc.

Criminal Court? That is ridiculous. I am sure some prosecutor somewhere is thinking, "we must set a precedent or send a message to the community to make sure this does not happen again." My position always has been you do not use a human being to make an example for others.

Prosecutors have been sending these "messages to the community" for years and the courthouse is as full as ever. Education about hazing and its effects might be the smarter way to go. Here's my question people, "has Katy ISD ever addressed hazing to its students before this incident?"

I am sure being arrested and having their names in the paper has relieved these young ladies of any tendency to haze others. This prosecution should be stopped. Bullying ought to be handled by the school and the parents. Lastly, bullying is an important issue in our schools and should be prevented at all costs, but there are smarter ways to do it other than arresting kids.

How Would You Improve Voir Dire?

areed@reinhartlaw.com (Anne Reed) — Fri, 21 Nov 2008 18:15:18 GMT

On Tuesday, I reviewed "Building A Better Voir Dire," the article by Judge Gregory Mize and Paula Hannaford-Agor of the National Center for State Courts. The article challenged judges to work creatively to help the actual practice of jury selection live up to the ideals most of us share. Now it's your turn. What do you think judges should do to improve voir dire where you practice? I'm serious; I'm collecting your advice. A number of judges read this blog, I'm honored to say, and I'm sometimes asked to talk to judges' groups about this topic. I'll collect your best...

Now it's your turn. What do you think judges should do to improve voir dire where you practice?

I'm serious; I'm collecting your advice. A number of judges read this blog, I'm honored to say, and I'm sometimes asked to talk to judges' groups about this topic. I'll collect your best answers in a post (or two?) here, and I'll pass them on in person as well.

Tell me what you think judges most need to change in voir dire -- in the comments below, on Twitter, on your own blog, or by E-mail. (Keep it civil, of course, and constructive.) If you have friends with ideas, tell them to send them along. We'll see what happens.

(Photo by Laughlin Elkind at http://flickr.com/photos/wurzle/659315; license details there.)

Complexions @ Joyce Chelsea & Foniadakis’s Rite of Spring @ Joyce SoHo

tonya@tonyaplank.com (Tonya Plank) — Fri, 21 Nov 2008 17:53:15 GMT

(photo by Andrea Mohin, NYTimes, of Desmond Richardson and S. Epatha Merkerson, in “I Will Not Be Broken”) Sorry, am very behind again on my review posts — so busy with all manner of stuff to get done before Thanksgiving! Anyway, both of these two programs — Complexions Contemporary Ballet at the Joyce’s Chelsea theater, and [...]

(photo by Andrea Mohin, NYTimes, of Desmond Richardson and S. Epatha Merkerson, in “I Will Not Be Broken”)

Sorry, am very behind again on my review posts — so busy with all manner of stuff to get done before Thanksgiving! Anyway, both of these two programs — Complexions Contemporary Ballet at the Joyce’s Chelsea theater, and Andonis Foniadakis’s new version of “Rite of Spring” at its SoHo location — were both danced brilliantly — big huge kudos to all of the dancers, but especially to Ioanna Toumpakari (below, in photo I swiped from Oberon’s Grove), who did what appeared to be an extremely emotionally intense and physically vigorous 40-minute solo in “Rite.”

I didn’t feel as strongly about the choreography of either though.

Complexions (I saw program A; there is also a program B) included five pieces, my favorite of which by far was “I Will Not Be Broken,” choreographed by Dwight Rhoden and having its world premiere this season. This ballet is on both programs, by the way. It began with S. Epatha Merkerson (an actor on Law & Order) first speaking the words of a poem, then breaking out into song — a set of slavery spirituals. Desmond Richardson — who is amazing beyond belief — sat on a bench at the front of the stage, body contorted, hunched over, then arms moving quickly, waving something off, brushing off shackles — binds not only physical but mental — then fanning himself with quick flicks of the wrists, like cooling himself down from being taken by the spirit. He’d lift his feet flexed-footed, as if tense, very alive, a body occupied by another force — then kick out violently, fall to the ground, jump up into an amazing flexed-footed split, come up for air. More jumps, then he’d sit on the bench again, cover his eyes, cradle himself.

While he rested, another couple — a man and woman sitting on another bench — danced a duet. But I just found myself unable to wait for Richardson to catch his breath, start up again. I’m not even sure what each specific movement meant or was intended to evoke, but overall I got the sense of a man being lifted out of himself, out of his pain, to freedom, letting the spirit free him — which is of course what slavery spirituals were all about. He brought the words Merkerson spoke and sang vividly and compellingly to life, to say the least.

The rest of the program was so-so choreographically, though danced very well. “Ave Maria” was performed by a couple — Hiroko Sakakibara and Simon Sliva — who lifted and wrapped their limbs around each other lovingly and with beautiful intensity; “Rise”, a set of dances set to U2 music; “Routines” a piece that started out with a group of dancers warming up, then donning exaggerated Forsythian ballet costumes — the women in saucer-like tutus, the men in short skirts danced to a collage of industrial music (with clanking bells, train whistles, etc.); and “Constructs for 4″ a nice lyrical piece for three men and one woman to soft violin music by Bach.

I guess my main issue with Rhoden’s choreography (aside from “Broken”) is that the dancing, while very rhythmic and musical, doesn’t really amount to a discernible theme or create a specific feeling. For example, the “Rise” music was great fun, it was like traveling through time, remembering all those U2 songs from when I was in college. But the songs are all about something and that’s their genius — the sentiment they convey, not just that they’re danceable. For example, “I Still Haven’t Found What I’m Looking For” is in part about race relations and our society’s continual failure to achieve social justice. I didn’t see anything evoking that here — bodies moving rhythmically - jumping happily, skipping, running, doing brilliantly high battemants — but nothing that made the song’s lyrics, its spiritual rhythm, come alive. And it was that way with the rest as well — not only the piece danced to U2 songs, but Ave Maria, the one danced to the violins (though this one was choreographed by Igal Perry) — yes, the lifts were lovely, but neither created an atmosphere for me or told a story or made me really feel anything. Still, I have to say, Complexions is worth seeing for “Broken” alone. And for the dancers and their sculpted muscularity — some are quite built — and which they somehow spectacularly combine with hyper flexibility and an air of feathery lightness. And the other dances are fun — the music is great, and the dancing is rhythmic, just not evocative enough or emotionally all there to me.

And same with the Foniadakis. Actually, I was going to wait until I had some time to do research on the history of “Rite of Spring,” and watch some of the other versions (there are many!) but then my post wouldn’t go up until the run is long over. I know the original Stravinsky music and Nijinsky dance involve violence, sexuality, fertility rites, and depictions of young girls dancing themselves to death. And I know many versions — like that by Pina Bausch, and the Joffrey — are danced by an ensemble. This was danced by one woman — the seemingly indefatigable Toumpakari. She was dressed only in a tribal thong, a grassy-looking fabric lining the waist, with paint marks on her forearms, calves and forehead.

Before the music began, she walked around stage, with kind of a prancing limp, as if performing a tribal custom. When the Stravinksy began, she seemed on the verge of a sexual awakening, her hip-jutting, pelvis-rolling movements and facial expressions very sexually suggestive. Then, she began performing more of an African dance, throwing her arms and shoulder over her waist, kicking out with flexed feet. She began fighting an imaginary person, lashing out, scratching, growling at him. This was followed by more frenzied movement, until she worked herself up so she nearly collapsed. She fell to the floor, slowly rose, bent over deeply from the waist, looked at her hands, horrified — they appeared to be turning into claws before her eyes, she couldn’t control the fingers. Finally, she gained control over her body and began the African-like movement again, running around stage with the limp, starting the process anew. Each phase seemed to repeat several times until, finally, at the end, out of breath, she slowly looked over to the side of the room, where her street clothes lay, walked over very slowly and calmly, and changed from costume into jeans and white t.

I feel like I’d need to do more research on the dance history to form a better judgment of the choreography, but I was highly impressed by Toumpakari.

For other perspectives, here is Roslyn Sulcas’s Times review of Complexions; here and here is Oberon on Foniadakis.

Complexions shows through November 30; “Rite of Spring” through this Sunday.

Open Thread ... Sweet Merciful Friday

jhart@kcstar.com (James Hart) — Fri, 21 Nov 2008 17:26:56 GMT

Welcome to the Open Thread, our blog's space for off-topic comments and discussion. Feel free to post links if you've seen an interesting story somewhere else. Please sign your comments, and please avoid profanity, as well as racially and sexually...

Darold Ray Stenson

jhart@kcstar.com (James Hart) — Fri, 21 Nov 2008 17:25:39 GMT

From The AP: In this 2001 photo provided by the Washington State Dept. of Corrections, Darold Ray Stenson is shown. Stenson, who was convicted in 1994 of the 1993 murders of his wife Denise, and business partner Frank Hoerner, is...

Did son's medical problems, bills lead dad to murder-suicide?

jhart@kcstar.com (James Hart) — Fri, 21 Nov 2008 17:09:05 GMT

Story is from Wisconsin. Hat Tip: Many thanks, JUNGLE JIM!

What drinking lye does to a person's internal organs

jhart@kcstar.com (James Hart) — Fri, 21 Nov 2008 17:00:24 GMT

Sara wrote an article yesterday about Carly E. Morris, a woman who died after accidentally drinking lye at a meth house. (It was in a soda bottle, and two men have pleaded guilty in the case.) Here's what got cut...

The Chunking Express: Court Finds Evidence Of Prisoner's "Chunkings" Admissible To Prove Motive/Common Plan

7millerc@jmls.edu (Colin Miller) — Fri, 21 Nov 2008 16:30:12 GMT

I remember the technique of chunking from my days of taking psychology in college. Essentially, chunking is based on the idea that short-term memory is limited in the number of things that can be remembered, with a common rule being...

Florida teen kills himself live on webcam

jhart@kcstar.com (James Hart) — Fri, 21 Nov 2008 16:21:30 GMT

Some viewers tried to stop him, some egged him on. From The AP: Someone finally notified the moderator, who traced where the Pembroke Pines teen was located and called police. Biggs was dead by the time they got there.

Who killed Monteze Murrell?

jhart@kcstar.com (James Hart) — Fri, 21 Nov 2008 15:50:51 GMT

KMBC has more about Murrell, a Raytown man who disappeared months ago and whose headless, handless corpse has just been identified in Lafayette County. Here's the story from Russ Pulley.

St. Louis won't do gun buybacks

jhart@kcstar.com (James Hart) — Fri, 21 Nov 2008 15:29:13 GMT

They've cut funding for the program and plan to spend the money on, you know, fighting the rising homicide rate.

Nebraska could amend its safe-haven law today

jhart@kcstar.com (James Hart) — Fri, 21 Nov 2008 15:24:43 GMT

But, the Los Angeles Times notes, nobody has really addressed the other side of the problem: There are a lot of families out there with huge problems -- such as violent, mentally ill children -- and they don't have any...

Do rewards help solve crimes?

jhart@kcstar.com (James Hart) — Fri, 21 Nov 2008 15:03:27 GMT

According to this P-D article, not really. They interview police who say that rewards will draw information from some people, but they also encourage the wacky and the greedy to call, too, which can overwhelm police with false leads.

Fingers Crossed

Fri, 21 Nov 2008 14:54:54 GMT

Good luck to all the California Bar takers. Results are published today!!

Injustice anyone?

Fri, 21 Nov 2008 14:53:52 GMT

I had a client in custody yesterday. He had failed to appear 2 days ago. 26 years old. Living on the street. No criminal record whatsoever. Not even an arrest.

He was charged with theft...for eating a piece of cheese in a store and not paying.

He was hungry because he is homeless. He opened some shitty package of cheese worth $2 and ate one piece. And the offer from the prosecution, had he accepted, would have put him on probation for three years and 10 days in county jail, which would have set him up so that the next theft could have been charged as a felony and sent him to state prison.

Is there any compassion left in this world??

Sometimes my job breaks my heart.

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