Eye in the Sky Nabs Suspect – Orwell’s Nightmare?

Recently, a new infrared eye on a Denver police helicopter helped to apprehend a man accused of robbery and assault in the street. Nobody would claim that capturing a criminal is a bad thing. If someone breaks the law, they should be subject to a punishment exactly befitting the crime committed after being granted a fair trial of their peers and found guilty in a court of law; this is the core of our legal system. Everyone has the right to trial, and of representation by a competent criminal law defense attorney.

However, at what point does the need for law enforcement officials to do their job conflict with the legitimate privacy concerns of citizens? As anyone who has read George Orwell’s classic novel 1984 can tell you, the fear of victimization and the desire for security at any cost can lead to thought crimes and the nightmare of Big Brother.

Some people claim that privacy in our era of reality TV and social networks is an illusion at best, but do we still enjoy some reasonable expectation of privacy? Is this normal police patrolling, or is it spying on normal citizens while looking for criminals?

It’s not the purview of this blog to make value judgments on the tactics used to catch criminals; however, there are certain questions we as a society must keep in mind. Among these questions is that of the invisible line—at what point does police patrolling cross over into invasion of privacy? Is there a reasonable expectation of privacy when one is on a public street?

Assault and robbery are serious crimes, and assuming the suspect is guilty, it’s a good thing the suspect was caught. But it’s important for Denver criminal law attorneys to keep in mind that the job of a lawyer is to protect the rights of the individual, and both attorneys and the public should be ever vigilant regarding these questions.

Occupy Denver Movement Clashes with Police

The movement that began as Occupy Wall Street has spread across the nation like wildfire. To many the movement is confusing and bemusing—many of the protestors in these movements have been unable to clearly articulate exactly what it is they are trying to accomplish, aside from the ephemeral “Change,” and that they are against corporate greed. The one thing that is certain, however, is that more and more these movements are finding themselves at odds with authorities, a fact that is keeping Colorado criminal defense attorneys busy these days.

A recent clash between protestors in the Occupy Denver movement and hundreds of Denver police and SWAT officers has resulted in twenty arrests. Two of those arrested have been charged with felonies after being accused of assaulting police, charges that will stick with them for the rest of their lives unless their defense attorneys do a very good job.

The protest began when police moved into the park near the Denver Civic Center to remove illegal sleeping tents; the city has granted permits for food tables, but not sleeping structures. Protestors took umbrage to the efforts of police and surged in, which resulted in a melee that saw police firing pepper bullets into the crowd and using pepper spray.

Whether or not the force exercised by police was excessive will be an issue for the courts to decide; certainly the tactics used will come under scrutiny by the Denver criminal law attorneys that try the case.

Still, it’s clear that things are getting tense with the “Occupy” movements and something has to give, soon. The biggest question, however, is “what will give?” It would help if more people actually understood the agenda of the movement—it’s difficult to address demands when there are none clearly articulated.

Former DA Faces Prison after Sex Crime Plea

It is extremely easy to demonize criminal defense attorneys; indeed, it’s even popular to do so. Watch any television legal drama. Most of them, with one or two notable exceptions, focus on the District Attorney and the police, painting them as heroes while the defense lawyers are almost universally portrayed as sleazy, profit-obsessed, and even corrupt. This portrayal couldn’t be further from the truth, and is insulting to honest Colorado criminal law attorneys.

This isn’t to say that there aren’t corrupt and underhanded defense lawyers out there—just like with any profession, there are bad apples. But the District Attorney’s office isn’t always full of white knights, either. Recently, former DA Myrl Serra pleaded guilty to sexual misconduct and extortion related to three women.

Though sentencing will not be until January, Serra faces up to twelve years in prison for his acts. Suddenly, he looks a bit more like one of the prosecution attorneys on the TV series Harry’s Law than he does a heroic ADA on Law and Order.

The point here is not to attack the district attorney’s office. Far from it; though the DA and criminal defense lawyers almost always find themselves on opposite sides of the battle lines, both sides perform an important function in our legal system, and both sides have to believe wholeheartedly in what they do in order to be effective at their job.

Defense attorneys are not villains, contrary to what much of the media might have us believe. The landscape is rarely that black and white; both defense attorneys and district attorneys fill important roles, and both are at times heroic. Sometimes, just sometimes, District Attorneys wrongfully convict innocent people, and sometimes defense attorneys save the life of an innocent who is wrongly accused.

Elderly Woman Pulls Gun on Kids

A 74-year-old wheelchair-bound Colorado woman has been formally charged with a felony after allegedly pulling a gun on a group of children…for drawing with chalk on someone else’s driveway. Joyce Bradmon claims that the gun in question was simply an unloaded pellet gun, a fact any good Colorado criminal defense attorney will be certain to bring up at trial, but it’s still a bizarre case.

The incident took place in August, when Bradmon brandished the gun at some children who were playing with chalk in a neighbor’s driveway. Interviews with other neighbors have seen accusations fly that claim Bradmon constantly monitors the children’s activity in the neighborhood, even taking photographs. The children, parents say, are terrorized by these activities.

Bradmon, who has no prior criminal record, has made disparaging remarks about those neighbors interviewed and says that none of it is true, though she admits having waved the unloaded pellet gun. Now facing felony charges, she could see up to three years in prison for the incident in question.

It really makes one wonder sometimes what kind of a world we live in, where a 74-year-old woman is brandishing guns—even unloaded pellet guns—at children why by all accounts are six and eleven years of age. But it also goes to show that criminal activity spans the range of age groups and goes far beyond economic and racial lines. It’s hard to imagine a senior citizen in her seventies needing to hire a criminal trial lawyer. Even still, here we are, and it’s happened right in our own back yard. Three years can be a long time for a 74-year-old; one would hope that, given the circumstances, some sort of mental evaluation would take place as part of the proceedings.

In any case, it certainly brings new meaning to, “You kids get off my lawn!”

But I Had No Idea She Was Going to Rob the Place!

53-year-old Norma Sisernos has been arrested and accused of robbing a bank with her 31-year-old daughter Tina Guerrero. Denver police say that the couple went into a bank in Westminster, where one of them claimed to have a bomb, and they proceeded to rob the bank. Now here’s the twist: Norma claims that she never knew her daughter was planning to rob the bank, and that she is essentially an innocent bystander in the whole affair. If ever there was a case where a person was in dire need of a really good and qualified Denver criminal law attorney, this is one for the books.

Siserno claims that she never actually went into the bank, and that she had been sitting in her car playing a solitaire game and waiting for her daughter to come out of a uniform store that was next door. She also says she had no idea that her daughter even went into the bank until police pulled her over and arrested her and her daughter.

She also claims that her daughter has a drug problem and has been banned from Siserno’s house due to past theft. Still, she says, she never thought that her troubled daughter would sink as low as to rob a bank. Now Siserno, too, faces charges of aggravated robbery with a deadly weapon, felony charges that could lead to a very long prison sentence.

It’s an unusual case, and whether or not her claims are valid, or at least valid enough for a criminal defense, are for the courts, the prosecutor, and her criminal law attorney to hash out. It won’t be the first time ignorance has been brought up as a defense; the jury will have to decide whether the claim is believable enough for an acquittal.

Throwing a Fit on a Plane: Not a Good Idea

An unruly man who caused a ruckus on a Los Angeles-bound plane that caused the aircraft to be diverted to Denver, now faces twenty years in prison. Authorities say that Varoujan Khodjamirian consumed several alcoholic drinks and became loud and disruptive, kicking the seats in front of him, shouting threats, and even striking a flight attendant. If anything is certain, in today’s society, Mr. Khodjamirian needs to acquire a good Colorado criminal defense attorney, and fast.

Airlines, trains and busses are places that people should not mess around these days. In the post-9/11 era, unprecedented security measures are in place in the United States, and even striking a bus driver is classified as a crime under the United States Patriot Act. Naturally, folks tend to be a little on edge regarding disturbances on aircraft, even ten years later. As a result of his acts, Mr. Khodjamirian is facing twenty years in federal prison, plus up to a quarter of a million dollars in fines. What he did is also a crime under the U.S. Patriot Act.

Now, does Mr. Khodjamirian deserve twenty years in prison and $250,000 in fines from being unruly and disruptive on an aircraft?  Does he deserve it even for striking a flight attendant? We have in many cases gone overboard with these types of criminal charges, out of a desperate desire for security. Perhaps Khodjamirian’s criminal defense attorney well be able to put up a strong argument along these lines. While it’s understandable that we as a society are being extra careful after one of the most brutal attacks in our history, we also need to maintain a sense of perspective and ask ourselves if the punishment truly suits the crime. Remember also, our judicial system supposedly frowns on cruel and unusual punishment.

Medical Evidence is Critical to Colorado Assault Cases

Assault is not a victimless crime and, as such, can have many more variables that need considering before an accurate verdict can be rendered in any case.  Assault cases involve a victim who has suffered bodily injury and the medical evidence that can prove or disprove that claim of injury is critical in an assault case.

Due to the fact that pain can be considered bodily injury, even when there are no physical signs of injury present, constructing an appropriate defense for an assault charge can be incredibly difficult.  Having an experienced Colorado criminal defense attorney on your side to actively question evidence presented by the prosecution and to question the credibility of the witness statements is of great importance for a successful defense in an assault case.

If there were no other witnesses present at the time of the alleged assault you case can ultimately come down to a “he said, she said” battle that you will have a very difficult time winning if the prosecution is allowed to paint you as the aggressor.  The lowest type of assault charge in Colorado can still carry a prison sentence of up to two years.  Losing two years of your life to false or overblown accusations is very possible if you don’t have the right defense built by an experienced Colorado criminal defense attorney.

Your criminal defense attorney will be well aware of what is at stake and how dramatically your life will be affected if the prosecution can secure an assault conviction and will work hard to build the best possible defense for your case.

Colorado Prosecutors Upgrade Charge against CIA Contractor

The LA Times is reporting that prosecutors in Colorado are upgrading the disorderly conduct charge against a CIA contractor to include a second charge: one of felony assault. When 37-year-old Raymond Davis was arrested on October 1 after a parking space, the arrest was on misdemeanor charges of disorderly conduct and third degree assault. The upgrade in charges came after Davis’s first court appearance. Given Davis’s history prior to this incident, a good Colorado criminal defense attorney has an interesting tale to explore.

The incident in question was an argument over a parking place, which escalated into a fight when Davis allegedly “cussed out” the other party and allegedly hit him from behind when the man turned his back on Davis.

Before this incident, earlier this year, Davis was held in Pakistan for shooting and killing two men who he claimed tried to rob him. Though U.S. officials claimed that Davis had diplomatic immunity from prosecution due to his status as a CIA contractor, the Pakistani government held him until March of this year—three full months after his arrest. His release likely had something to do with the U.S. government paying 2.34 million dollars in restitution to the families of the victims—a Muslim tradition that the Pakistani government insisted be upheld.

Who knows what Davis went through during those three months?

Trials like this have all manner of twists and turns, and Colorado criminal defense attorneys watch with interest to see how these things play out. While it may not be the place of a Denver trial lawyer to speculate on the exact nature of Davis’s experiences in the Middle East, it does bring up an interesting element to ponder during his trial. Could Davis have reacted based on traumatic experiences from his time overseas?

Time will tell.

Colorado Closing Two Juvenile Facilities

Juvenile crime levels regarding crimes leading to incarceration have dropped to their lowest levels in Colorado since 1998, down 36% since 2006. This severe change in the apparent effectiveness of juvenile corrections has led to the state making the decision to close two of its juvenile facilities. While the state is citing better efforts to identify substance abuse and familial issues early, Colorado criminal defense attorneys point out that a push to reduce the number of offenders with minor offenses to locked facilities may have played a role.

In the end, the fact is that more kids are going to community-oriented programs instead of locked and secured juvenile facilities, and this has led directly to lower numbers of inmates at secured juvenile centers. Courts are looking more closely at the crimes being committed and deciding more carefully about appropriate corrective actions. Sending kids to juvenile lockdown isn’t the first or preferred option anymore.

One could argue that this is partly because criminal trial attorneys are better performing their jobs in recent years—the job of a criminal attorney isn’t only to see the client found not guilty. The job does not end with a guilty verdict.

The job of a Colorado criminal defense attorney is to defend the rights of their client, and this includes ensuring a fair and just punishment for a client found guilty of an accused offense. As the article points out, “Why would you put truants in [locked down facilities]?” Combined with increased efforts by social workers to identify problems early, the system is working.

In this case, the facilities being closed down will be converted into facilities serving other, badly needed purposes. One of them will be used for substance abuse treatment. Employees will be placed at other state institutions, so layoffs are expected to be minimal. All in all, a victory for the Colorado criminal justice system.

Man in Prison for Seventeen Years Sees Conviction Overturned

On September 30, a judge overturned the conviction of a man arrested for murder in 1994. Obie Anthony is tasting freedom for the first time in nearly two decades after information came to light that one of the key witnesses for the prosecution lied under oath, his testimony helping to damn Anthony to prison. Worse, the judge chastised the prosecution for not revealing that they had in fact made a deal with the witness—a pimp—to testify against Anthony in exchange for leniency.  This case may have taken place in LA, but here in Denver, criminal attorneys can’t help but shake their heads.

Sometimes our legal system works, and sometimes it doesn’t. Anthony’s co-defendant Reggie Cole was freed several months ago, and reportedly cheered in the courtroom when Anthony’s release was ordered.

Whether this release was a victory for our criminal justice system remains to be seen; after all, the actual shooter from the 1994 killings outside of an LA brothel remains undiscovered as a result of this development. However, certainly it’s a victory for Anthony and his criminal defense attorneys. It also shows that even when it fails, our legal system can succeed.

It is perhaps tragic that Obie Anthony spent seventeen years in prison based on flawed testimony, but in the end, one hopes, justice has been served for Anthony and will eventually be served for the victims of the tragic shootings. Still the freeing of an innocent man—and let’s not forget, that everyone in our justice system is considered innocent until proven otherwise—must be considered as much of a victory for the legal system as the conviction of a guilty man. The criminal defense attorneys who filed appeal for Anthony and his co-defendant should be lauded for their success in demonstrating that sometimes a failure in the legal system can be rectified.