Defense Lawyer Booted off Murder Case After Refusing to Participate

Judge Nancy Miller declared a mistrial Tues. after defense attorney DaShawn Hayes missed court Monday and wouldn’t participate in the jury selection the next day.  The New Orleans judge dismissed Hayes from the case citing “intentional obstruction of progression in this case.”

The defendant Desmon Stewart faces up to 50 years in prison for attempted second-degree murder.

“I feel like I have an obligation to protect this defendant’s rights,” the judge said.  “He’s entitled to a fair trial. He’s entitled to present a defense.  The Constitution of the state and the United States provide him that, and you’re telling me you can’t provide him that?”

“I can’t provide him that,” was Hayes’ response.

After not showing up on Monday Miller ordered Hayes’ arrested and said she will prepare a motion to hold him in contempt of court.  He could be facing 24 hours in prison and a $100 fine.

For more visit New Orleans Times-Picayune

An Unlicensed Lawyer Gets Promoted to Partner?

Kimberly Kitchen worked for the BMZ Law Offices in Huntingdon, Pennsylvania for nearly ten years and she was recently rewarded for her work by being promoted to partner in April.  But recently it has come to light that she might not even be a real lawyer.  Now she is under investigation by the state Attorney General’s office.

BMZ said in a statement, “Our office was notified, for the first time, late Friday afternoon, December 19, 2014 by the court, regarding serious concerns relative to the legitimacy of Kimberly Kitchen’s license to practice law. Sadly, it would appear that our firm was the last, in a long line of professionals, to have been deceived by Ms. Kitchen into believing she was licensed to practice law.  While we have yet to learn all we must we endeavor to continue our investigative efforts, remain fully cooperative with all the appropriate authorities and legal entities, while remaining vigilantly protective of client interests.”

Apparently Kitchen had been using another attorney’s ID number in order to “practice” law.  In fact, there is no record of a Kimberly Kitchen according to the state’s Attorney Registration Office.

When asked how she was able to get away with the deception for so long a former president of the Huntingdon County Bar Association speculated that it may have been because she worked as an “estate planning specialist” which kept her out of the courtroom.

“She only worked on inheritance court documents,” he said, “and I believe the inheritance tax division does not look at the attorney ID number.”

Kitchen’s name has now been covered on the sign outside BMZ’s law offices.

For more see: http://www.abajournal.com/news/article/was_law_firm_duped_lawyer_practiced_there_a_decade_and_won_partnership_was

http://abovethelaw.com/2014/12/oops-law-firm-promotes-associate-who-likely-wasnt-a-lawyer-to-partner/

Personal Injury Lawyer Stephan R. Krawitz is Indicted for Stealing Over $600,000 From Clients

Personal injury lawyer Stephan R. Krawitz has been indicted by the New York State Supreme Court for stealing over $600,000 from settlements.  He is charged with two counts of Scheme to Defraud in the First Degree, four counts of Grand Larceny in the Second Degree, and 15 counts of Grand Larceny in the Third Degree.

Apparently Krawitz had been receiving and depositing settlement checks behalf of 18 clients since 2008.  He then withheld money from 16 of those clients and lied to the other two about the amount they were owed, underreporting the size and keeping much of the money for himself.

In 2008 Robert Rough was involved in an accident that caused nerve damage.  For three years Krawitz never informed him that a settlement had actually been reached despite the fact that Rough had asked about it several times.  Finally, in 2012 Krawitz acknowledged the settlement but only gave his client $35,000.  Krawitz had allegedly underreported the size of the settlement.  Rough died form cancer in 2014 never receiving any portion of his settlement funds.

“While these alleged crimes were taking place, one of Stephen Krawitz’s clients died of cancer without ever receiving the full settlement money rightfully owed to him,” said District Attorney Vance. “The defendant in this case is accused of stealing from multiple victims who were seriously injured, including a 96-year-old great-grandmother who broke her shoulder after being hit by a car, and a 20-year-old Russian foreign exchange student hospitalized for three months and forced to undergo brain surgery following a car accident. Neglecting to conduct oneself in a manner befitting an officer of the court undermines the entire legal profession.”

For more see: http://manhattanda.org/press-release/da-vance-announces-indictment-lawyer-stealing-hundreds-thousands-dollars-more-18-clien

Lawyer Hypnotizes Clients Into Sexual Acts

Have you ever seen someone hypnotized? Usually, it’s absolutely hilarious.  Normally quiet people running around thinking they’re barn animals, saying things they would never say, doing things they’d never do.  On top of that hypnosis can be used to help people quit smoking or get through pain or illness.  But could it be used for something as horrible as rape?

Michael Fine of Fine Legal Services and formerly of Smith, Illner & Gemelas (which is where the elleged conduct occurred) decided to put hypnosis to a more disturbing use on some of his clients.  A woman identified as Doe 1 told investigators after some of her meetings with Fine she “began to notice that she  was wet in her vaginal area, that her bra was disheveled, and that she could not recall the entire duration of the meetings.”  Possibly more disturbing, she reported time missing at the courthouse too.

Sadly, Doe was afraid to tell the authorities for fear they wouldn’t believe her; which isn’t entirely surprising considering many assault victims are afraid to tell authorities as it is, imagine trying to explain to the cops, “He hypnotized me.”  But despite her fears, she did go to authorities who advised her not to go back to his office.  Instead, she went back with a plan to find out what was really going on.

“Although police told her not to return to Fine’s office, the woman instead began recording her interactions with him. During an Oct. 10 conversation, Fine began by discussing legal matters, but then began asking the woman whether she was alone, the documents said.

“(Fine) then began to use ‘code’ words that induced Doe 1 to enter a trance-like stage,” [Bar Association lawyer Chris] Cook wrote.  Fine then began to use sexually charged language with the woman, urging her to have orgasms and told her that he was her “teacher.”

He also allegedly told her “that they have a ‘special bond,’ and that their conversations are ‘private conversations between us, nobody else, just us, right,’ that she is ‘being made love to by the world’s greatest lover,’ that she will not ‘cancel her next meeting,’ and that all she will remember about their conversation is that ‘we talked about legal matters,’” Cook wrote.”

After showing authorities the recordings police sent her back in wearing a wire and camera, stopping things before they got out of hand, but while Fine was “still describing what sexual activities he wanted the woman to engage in.”

Though he doesn’t face criminal charges yet the bar is seeking immediate suspension of his license to practice law.

For more see: http://abovethelaw.com/2014/11/lawyer-accused-of-hypnotizing-clients-into-sex-acts/

New Sexual-Assault Policy Causes Rift at Harvard

Harvard College and Harvard Law School are one of dozens of other higher-education institutes that have come under investigation by the federal Education Department due to how they handle complaints of sexual assault and harassment.  With the threat of funds being cut, Harvard, and other institutions, has come up with new policies in hopes of preventing such claims.  But 28 Harvard Law professors don’t agree with the policy.

“Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required” by Title IX (the federal anti-discrimination law) they said.  They argue that there is now assurance of representation for the accused, nor do they have enough opportunity to find facts, confront witnesses, or present a defense at an adversary hearing.

Others, however, support the new policy.  One student group called Our Harvard Can Do Better said they found the reaction from the professors disturbing.  “By implying Harvard should disregard its legal obligation to protect all of its students and ensure a safe and anti-discriminatory environment, this piece displays a callous lack of understanding of sexual violence and its effect on survivors in educational institutions,” they wrote.  This group supports an “affirmative consent” standard when defining sexual assault – meaning “only yes means yes” as opposed to “no means no.”  Harvard is the only Ivy League school without this kind of policy.

In response to the divide in the school, Harvard said this in a statement:  “The University appreciates that not every member of the community will agree with every aspect of the new approach.  Some believe the policies and procedures go too far; others believe that they do not go far enough. This type of discussion is fundamental to any vibrant academic community.”

For more see: The New York Times, Bloomberg News, theHuffington Post and the Harvard Crimson

Statutory Rape Victim Required to Pay Child Support

A 24-year-old Arizona man has had money seized from his bank account, his wages garnished, and has been told he owes $15,000 plus %10 interest in back child support and medical bills.  This, sadly, is not an uncommon occurrence.  A single mom has to turn to the law to get a dead-beat-dad show some sort of support for his child.  But Nick Olivas isn’t your typical dad.  In fact, he didn’t even know he was a dad until he was 21 when the baby was already six.  That’s right, six.  Nick had fathered the baby when he was 14 with a 20-year-old (at the time) woman.  “It was a shock,” he said.  “I was living my life and enjoying being young. To find out you have a 6-year-old? It’s unexplainable. It freaked me out.”

If a 14-year-old girl had gotten pregnant by a 20-year-old man, most likely the man would have been considered a predator, charged with statutory rape, and sent to jail.  So why the double standard with a male victim?  Well, because it’s the law. “Much of the law relating to child support is based on the fact that it is typically in a child’s best interest to receive financial support from mothers as well as fathers,” a 2011 Georgia Law Review article says, even when there is “wrongful conduct by the mother.”  In Nick’s case the state will seek child support, but if the mother had been convicted of sexual assault or sexual assault with a minor that wouldn’t be the case.

Nick says he is willing to pay future child support, but feels he shouldn’t have to pay for years when he was a juvenile or when he didn’t even know she existed.  “Anything I do as an adult, I should be responsible for,” he said. “But as a teenager? I don’t think so.” He would like to see his daughter and be a part of her life saying he knows what it’s like to grow up without a parent since is mother died when he was young.  “I can’t leave her out there,” he said.  “She deserves a dad.”

For more information see:  The Arizona Republic, USA Today, and http://www.abajournal.com/news/article/statutory_rape_victim_is_told_to_pay_child_support/

New DNA Test Allows Prosecutors to Charge Correct Identical Twin

Boston prosecutors say they have proof they are charging the correct identical twin, Dwayne McNair, for the rape and robbery of two women in 2004 thanks to a new DNA test.

“There certainly have been instances where identical twins have laid blame on the other, or each denied responsibility, and for a lack of persuasive evidence they’ve both gotten off,” said Jennifer Mnookin, a professor of law at U.C.L.A.

The crimes were committed in 2004, but it wasn’t until 2007 that police had any evidence against McNair when semen were found on the second victim.  Unfortunately, the DNA also matched his twin brother Dwight. That combined with lack of probable cause meant neither brother could be arrested.

In 2011 another suspect, Anwar Thomas, was found who later admitted to attacking the women with Dwayne which allowed prosecutors indict McNair in fall 2012.  But when they heard about the new DNA test they decided to terminate the case and start over with the new results.

According to Eurofins Scientific, the company that tested the DNA, Dwayne was 2 billion times more likely to be the source than his twin brother Dwight.  Suffolk County District Attorney Daniel Conley said that though the scientific foundation for the test is well established, the forensic application is new saying, “To the best of our knowledge our case will be the first prosecution to use it.”  He went on to say the new testing may be useful in future cases with similar circumstances.

For more see: http://www.nytimes.com/2014/09/16/us/new-dna-test-sought-in-identical-twins-rape-case.html

12 Trends in Employment Discrimination Litigation Employers Should Keep in Mind

Employment discrimination litigations have been on the rise for years and 2014 is no different.  Judges, human resources professionals, and attorneys across the country all agree in order for employers to avoid claims they must be more proactive.  Attorney Mike Hawkins of Dinsmore & Shol LLP suggests 12 key trends employers would do well to keep in mind this year and years to come:

1. Juries view employment actions from the employee’s point of view — not the employers’.
2. Monitor board policies and procedures affecting large groups of employees.
3. Consider settling claims early.
4. Give greater consideration to binding arbitration agreements to avoid jury trials and class action claims.
5. Objectively assess cases early.
6. A SWOT analysis can be invaluable when reviewing a claim or case.
7. Having internal litigation hold processes in place helps to avoid problems surrounding document discovery issues.
8. Eliminate human error.
9. Local knowledge is power.
10. Implement a social media policy and enforce it.
11. Expert witness and statistician use in employment cases as well as Office of Federal Contract Compliance Programs (OFCCP) audits are growing.
12. Religious discrimination and accommodations remain on the rise.

Employers should be nothing less than vigilant, but can take preventative steps to protect themselves such as prompt investigation and remedial steps, executing effective complaint mechanisms for employees, training supervisors on discrimination objectives, early claim assessment and resolution processes, and arbitration agreements.

For more information see: http://www.jdsupra.com/legalnews/12-trends-in-employment-discrimination-l-68781/?utm_source=jds&utm_medium=twitter&utm_campaign=legalalerts

Two Convicted Murderers Now Free Because of New DNA Evidence

Fifty-year-old Henry McCollum and his half-brother Leon Brown are now free after new DNA evidence has implicated a different suspect.  Thirty years ago the men were arrested for the rape and murder of an 11-year-old girl in North Carolina.  Both were sentenced to death, but Brown’s sentence was later reduced to life in prison. 

The body of 11-year-old girl, Sabrina Buie, was found in Red Springs, around 30 miles southeast of Fayetteville, in an area known to be a lovers’ lane.  In the same area was found several “beer cans, condoms, and cigarettes,” prosecuting attorney, Joe Freeman Britt said. One of those cigarette butts was eventually tested for DNA and turned out to match “another individual named Roscoe Artis, a convicted rapist and murderer who lived less than 100 yards from where the victim’s body was found,” said McCollum’s and Brown’s attorneys. 

When asked how he felt about those who sent him to jail McCollum told reporters, “ain’t no anger in my heart.  I forgive those people.  I don’t like what they done to me and my brother because they took 30 years away from me for no reason, but I don’t hate them.”

Artis is already serving a life sentence on a separate conviction in a North Carolina prison.  It is unclear whether he will be charged for Sabrina’s murder.

Lawyer Convinces 90-year-old Client to Invest $120,000 on a Litter Box

Delbert Joe Modlin of Sacramento has been charged with securities fraud, financial elder abuse, and grand theft after he allegedly convinced his 90-year-old client and his daughter to invest $120,000 in his cat litter box invention. The two had sought out the lawyer for help with an estate plan.
According to prosecutors the arrest warrant for Modlon stated that the lawyer persuaded the father to liquidate his investments and then assured the daughter that in four years their money would double with the litter box investment.
Modlin was already facing charges regarding the handling of another elderly couple’s property, filed for bankruptcy twice, and had gambling problems all of which he did not disclose or obscured by hiring a company to change or remove negative information about him on the Internet, prosecutors say.
His website tells that he has been practicing for decades, “championing the elderly and ensuring they are not taken advantage of.”
His bond on the most recent case was lowered to $100,000 after he agreed to stop practicing law until he was tried.
Michael Farley, Modlin’s lawyer, stated, “I plan to investigate all the evidence, get to the bottom of what happened and give everyone their day in court.” He also argued that lawyers representing those with mental health issues or the elderly can often be accused unfairly.