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June 2014 Archives

Man Sentenced to In-Home Detention After Convicted of Raping Wife

A man in Indiana was recently convicted of rape after the jury or judge found that the man had drugged his wife and sexually assaulted her while she was unconscious. The victim told police that her husband had been doing this for over three years, and she only became aware after she saw three sex videos on the man's cell phone. According to the online article on the ABA Journal website, the prosecutor stated that the man denied sexually assaulting his wife but admitted to drugging her without her knowledge and to making the videos. In defense of drugging her, it is claimed that he said "she was snippy and it made her nicer."

DUI, Hit and Run, and Assault on Officer All on Golf Course at U.S. Open

I am sure that many people have heard incidents of recreational golfers sometimes having a few too many drinks while hitting 18 holes, and some of those incidents have resulted in DUI charges because the person drove the golf cart while under the influence. However, a U.S. Open fan recently topped it all. When a police officer instructed the fan who was driving a golf cart to stop, the man tried to get away but struck the officer in the process. After hitting the officer, the man sped on. Not surprisingly, the man was stopped, arrested, and ultimately charged with Driving Under the Influence, Hit-and-Run, and Assault on a Police Officer.

Inmate on Road Work Crew Gets Marijuana Delivery

I thought that I had heard of almost everything, but a state correctional inmate receiving a marijuana delivery while working on a road crew was a new one. A Florida inmate was working with other inmates when a black Dodge Charger drove by and something was tossed out the window. The inmate picked up the bag, but after seeing police officers approach, the man threw the baggie. In another odd twist, when the man tossed the baggie, it hit a deputy standing nearby. The substance in the baggie was later tested and found to be marijuana.

False Report of Marijuana Possession Leads to Firing of Penn State Fencing Coach

What is a successful coach? How about 12 team national championships, 28 individual NCAA titles, 10 Olympians, and 188 All-Americans over a span of 31 years! That is winning a national title almost every other year. Who was this coach? The former leader of the men's fencing team at Penn State. That is a record that any coach would be proud of. So what caused Penn State to fire this gem of a  coach?

What Sentence Does a Twelve Time York County DUI Offender Receive?

A York County judge recently convicted a man of a twelfth offense of a Pennsylvania DUI charge as well as a third offense of Driving Under Suspension DUI-related.  As a DUI defense attorney, I have seen people with 4 to 5 prior DUIs, but 12 was a record for me.  Also, when people have multiple prior convictions of drunk driving, a few of the prior offenses tend to be pretty old and occurred when the person was young and dumb.  In this case, according  to the fox43.com article, the man has had eight of these twelve driving under the influence convictions within the last 10 years. In 2009, the man was sentenced on four DUI incidents and was sent to state prison for a 3 to 15 year sentence. The man would have served at least 3 years in a state prison before being released on parole. The current charge obviously occurred while the man was on state parole, so the man will be returned to a state correctional facility for the parole violation in addition to receiving a sentence on the new case.

Pittsburgh Defense Attorney Introduced Drug Paraphernalia Into Evidence at Hearing, Criminal Charges Possible

According to a Pittsburgh Post-Gazette article, a Pittsburgh criminal defense attorney was representing a client charged with drug possession and other offenses at a suppression hearing before an Allegheny County judge, and the lawyer questioned her client's wife about a small wooden box. The wife admitted that the box was hers, and upon opening the box in court, it was discovered that the box contained a straw with heroin residue on the end. The problem for the lawyer is that the straw and box are considered "drug paraphernalia" undermarijuana-pipe-paraphernalia.jpg Pennsylvania law, which means that it was illegal for the lawyer to be in possession of those items even if the lawyer was introducing the items as evidence at the hearing. The police and prosecutors routinely handle such items in drug delivery and drug possession hearings, but the rules are sometimes different for defense lawyers.

Suppression of Evidence Sought in Pennsylvania Drug Court Judge's Cocaine Theft Case

A Washington County judge that once presided over the county's Drug Court program was charged with theft and possession of cocaine. It is alleged that the judge had requested that the police leave drug evidence in his chambers, and the police believe that the judge was stealing the cocaine and, at times, replacing it with baking soda. The police conducted a search of the judge's chambers, and  drugs and other evidence were found that the prosecution intends to use at the judge's upcoming drug possession trial. The former judge hired prominent Pittsburgh criminal defense lawyer Robert DelGreco, and Attorney DelGreco filed a motion to suppress the evidence because the police had not obtained a search warrant for the judge's chambers but instead were searching pursuant to an administrative order issued by the President Judge of the county.

State College Burglar Steals Sandwich and Sauces

Most people have enough sense to refrain from breaking and entering into a house or place of business.  Those that do make the bad decision to commit such a trespass normally do so with the intent to steal something of value, such as electronics and money.  A State College burglar recently broke into into a closed Subway restaurant and stole approximately $100.00 worth of food and sauces. People probably wonder why someone would break into a restaurant to steal some food. Regrettably, I have represented quite a few Penn State students over the years that have made some bad decisions, and the common denominator in those cases is that the bad decisions were made after having a few too many drinks.