Two recent cases in the news point out how police have solicited or engaged in sexual activity with people they either encounter on the street or on the road in a traffic stop. This may be done in exchange for not arresting or ticketing them. A case I defended involved the police officer’s receipt of a sexual favor in exchange for the driver believing she would not get a citation for speeding. However, to the driver’s shock, the officer still wrote her a ticket. She complained to the police about this and the case went to trial for sexual battery against the officer. The woman testified that the officer “flipped the script” on her because the implicit plan, or script, was she would allow him special “access” in exchange for overlooking the speeding infraction. The jury found the officer not guilty because the driver at the time consented to the officer taking liberties with her. Lawyers keep up with news contained in stories such as this because it can immediately destroy all pending cases the officer made if it can be proven to have happened,or if the officer is fired. Monroe County Sheriff, Cobb County Police incident
Month: August 2019
A man attacked a 13 year old boy for not taking hat off during national anthem. Says president told him to do it.
Man attacked a 13 year old boy and cracked the child’s skull because the child did not remove his hat during the national anthem. The man’s criminal defense lawyer said the man’s defense is that the man thought that the president wanted him to do it. A witness said the man told him “[the boy] was disrespecting the national anthem, so he had every right to do that.” This appears to be a potential insanity defense because the defendant, who had suffered a service related brain injury, claims that he thought his commander in chief ordered him to do it. Even if insanity is not a workable defense, the man still has a mental health defense that can mitigate, or reduce, any possible punishment. Montana, like Georgia has a mental health court. The man’s lawyer will likely look into that option along with an insanity defense.
Prosecutorial Misconduct, Murder case Dropped, Georgia Supreme Court
State v. Monquez Jackson is a horrible prosecutorial misconduct case (for the DA). I have to simplify the facts but it boils down to this: This elected Dougherty County, Georgia District Attorney (not an Assistant DA), knowing he had a weak case, forced a mistrial by making an improper and misleading closing argument to the jury in a murder case. When the DA tried to retry the defendant for the murder, the trial judge said no he can’t because he, the elected DA, intentionally ruined the first trial. The defendant is therefore acquitted and goes free. The Georgia Supreme Court affirmed the trial court’s order barring retrial on double jeopardy grounds. Albany GA news article here.
