Mom arrested for hitting 12-year-old daughter, kicking officer – ABC15.com (KNXV-TV)

ABC15.com (KNXV-TV)

Mom arrested for hitting 12-year-old daughter, kicking officer ABC15.com (KNXV-TV) While police tried to take Garnica into custody, she reportedly kicked an officer in the groin causing him to “double over in pain” and spit on him several times while being handcuffed. Garnica was booked into the Maricopa County Jail on charges of ... and more »

Judicial Travesty: Supreme Court Orders Release of 46000 Convicted Felons – Big Government

Judicial Travesty: Supreme Court Orders Release of 46000 Convicted Felons Big Government Go out to the Mojave desert and set up tents, just like Maricopa County, AZ Sheriff Arpaio did for his criminals. Dress them in pink striped outfits and feed them baloney sandwiches in Wonder bread. I'm sure Kalifornia would save tons of money… ... and more »

Indiana local officials don’t want districts skewed by prisons

Added Indiana local officials don't want districts skewed by prisons to the Prisoners of the Census Blog.

Impossible, Polio Victim Tells Phoenix Cops – Courthouse News Service

Courthouse News Service

Impossible, Polio Victim Tells Phoenix Cops Courthouse News Service Rodriquez says he was taken from the Maryvale police precinct to the Maricopa County Fourth Avenue Jail, where the intake nurse told him "he was going to be transported to the nearest hospital emergency room via an ambulance because of the severity of ... Complaint: Paralyzed Man Beaten by Phoenix Cops ...Phoenix New Times (blog) all 2 news articles »

Sheriff issues result of investigation following letter of ‘no confidence’ – Pulaski County Daily News

Sheriff issues result of investigation following letter of 'no confidence' Pulaski County Daily News In the civilian sheriff world he would be closer to Sheriff Joe Arpaio of Maricopa County Arizona. As most of you know Sheriff Joe has tons of critics in the media and some social groups but his citizens keep sending him back to the office of sheriff. ...

New York DA Looks to Crack Down on DUI Refusals

District Attorney David Soares just announced a new policy regarding plea bargains in drunk driving cases.

Soares told the press that he will crack down on people who refuse to take the chemical test. Soares says those who refuse the test will not be able to get a plea bargain that reduces their charges from DWI down to a driving while ability impaired.

He says his DWI prosecutors are seeing more suspects refusing the tests in beliefs that it will help make it harder to convict them.

Opposition to the policy says this is “one size fits all justice” and that it doesn’t leave room for extenuating circumstances. They also question the timing of the announcement.

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TN DUI Bill Requires Blood Draws

It wasn’t Kenneth G.’s first time behind the wheel allegedly drunk.

When the 40-year-old man got pulled over in September, it was his third time being stopped on suspicion of driving under the influence.

And law enforcement knew about his 1994 and 2003 DUI convictions.

When a police officer in Benton, Tenn., asked him to take a breath test or consent to a blood draw, he refused. When his case got to court, prosecutors didn’t have enough evidence to charge him as a three-time DUI offender, so the charge was reduced to a lesser, included offense.

But if DUI-related legislation awaiting Gov. Bill Haslam’s signature gets the go-ahead, defendants like Kenneth will no longer slip through a loophole.

The legislation, which would go into effect Jan. 1, 2012, will require police to force a blood draw regardless of whether the driver consents to it if they have a prior DUI conviction or if they have a child in the vehicle with them under the age of 16.

Sponsored by lawmakers Sen. Mae Beavers, R-Mount Juliet, and Rep. Tony Shipley, R-Kingsport, the legislation, which critics claim violates certain constitutional rights, received unanimous support in the House and Senate.

“We’re tired of drunk drivers killing people,” said District Attorney General Steve Bebb, who serves Bradley, McMinn, Monroe and Polk counties and who lobbied for the bill. “We don’t know if it will stand up or if it’s constitutional, but we’ll test it.”

Police began forcibly drawing blood in DUI cases in July 2009. Under current law, in vehicular assault or vehicular homicide cases, police can take a driver’s blood with probable cause.

But in all other circumstances, a driver may refuse to submit blood with the understanding his or her driver’s license will be suspended. It’s called the Implied Consent Statute.

Brooklynn Martin Townsend, an assistant district attorney general in Bebb’s 10th Judicial District whose job is funded by a federal grant to strictly prosecute DUI cases, hopes the legislation prohibits defendants like Kenneth from getting off so easy.

“With multiple offenders, generally after their first or second DUI, their defense attorney says, ‘Don’t take the BAC (blood-alcohol content) test,’ ” Townsend said. “They learn not to do anything so they know they get that added benefit of very limited amount of evidence to show they’re impaired.

“If I don’t have a blood or breath test, as you can see, it can be very difficult to convict a multiple offender.”

In addition, she said, multiple DUI offenders often have revoked licenses for prior convictions so the Implied Consent violation means nothing to them.

“This new law will help us immensely in getting multiple offenders who have learned to play the game off the road, which means more lives saved,” Townsend said.

But Knoxville-based defense attorney Gregory P. Isaacs contends there is more than one way to prove someone is drunk behind the wheel.

“Field sobriety tests, which are federally approved, are used in every arrest and in court every day as evidence to show someone is impaired. So to say people aren’t doing that to get out of a crime is not correct,” he said.

Isaacs added that defense lawyers also often use a police video from the arrest that can be more powerful than any test in the eyes of a jury.

He also contends the passing of the bill raises Fourth Amendment issues, most of them grounded in the constitutional right to be free from unreasonable searches and seizures.

“Any time government is allowed to commit a seizure of your body and withdraw evidence prior to being arrested for a crime opens the door for a lot of issues,” he said. “This law really opens Pandora’s box on virtually every DUI stop and weakens all of our fundamental freedoms.”

It’s like letting law enforcement go blindly into a convicted sexual offender’s home to search because they think something is in there, he said.

Other critics, including Melanie Bean, the Tennessee Association of Criminal Defense Lawyers legislative chair, agreed there are a number of potential constitutional problems with the legislation.

“It’s impossible to know exactly how the statute will be interpreted, but these issues will be dealt with on a case-by-case basis by defense lawyers, prosecutors and the courts after the bill goes into effect,” she said.

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Deadliest Catch Captain Pleads Guilty to DUI Death

Clarence “Ole” Helgevold Jr., the man known to audiences as a captain from the Discovery Channel’s Deadliest Catch, pled guilty to criminally negligent homicide and driving under the influence in a fatal crash.

Prosecutors said Helgevold had been driving under the influence on January 19 in Alaska, when his vehicle crashed into a snow mobile driven by George L. George died at the scene.

In 2004, The Discovery Channel followed Helgevold’s crew for the 2004 miniseries, America’s Deadliest Season. They were also featured on the first season of Deadliest Catch, which showed his crew during the 2003-2004 opilio crab season.

According to the Associated Press, Helgevold struck a plea deal with prosecutors. In exchange for a guilty plea, he will serve five years in prison, and have his license revoked for three years and 30 days. In addition, he was ordered to have no contact with his victim’s wife, and required to pay a $5,000 fine, $1,000 of which was suspended.

Helgevold is also to be sentenced to an additional four years of suspended jail time, which would turn into probation. The judge in the case will need to sign off on the plea deal, with sentencing is set for August. Helgevold is currently out on bail, and under house arrest.

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Arrest in ‘Rock Burglar’ thefts – Arizona Republic

ABC15.com (KNXV-TV)

Arrest in 'Rock Burglar' thefts Arizona Republic Arpaio said Neese would be booked into a Maricopa County jail Friday night on charges of theft and burglary. "Can we tie him to every crime committed by the Rock Burglar right now? No," Arpaio said. "Can we tie him to many of them? Yes. ... Arpaio: 'Rock Burglar' Suspect Uneducated, Lived In Trailer ParkKPHO Phoenix MCSO: 'Rock Burglar' caught after 17 years, stole millions in Valley burglariesABC15.com (KNXV-TV) Police arrest man accused of being `Rock Burglar'KTAR.com all 56 news articles »

Arpaio: ‘Rock Burglar’ Suspect Uneducated, Lived In Trailer Park – KPHO Phoenix

ABC15.com (KNXV-TV)

Arpaio: 'Rock Burglar' Suspect Uneducated, Lived In Trailer Park KPHO Phoenix PHOENIX -- The Maricopa County Sheriff's Office said Robert James Neese, 58, eluded law enforcement officers for over 17 years. He's a suspect in nearly 400 burglaries where about $10 million dollars worth of jewelry, cash and coins were stolen. ... MCSO: 'Rock Burglar' caught after 17 years, stole millions in Valley burglariesABC15.com (KNXV-TV) Arrest in 'Rock Burglar' theftsArizona Republic Police arrest man accused of being 'Rock Burglar'TriValley Central all 61 news articles »

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