Thursday, July 19, 2012

Zimmerman amasses small fortune for legal defense.

After many many recorded telephone calls were released it looks like George Zimmerman's criminal defense lawyer may have a little explaining to do. The media is now saying that Zimmerman's attorney knew about a small fortune that Zimmerman had compiled for his legal defense via online money transfer giant, Paypal. It doesn't appear that the tapes are conclusive but many are saying that Zimmerman's criminal defense attorney allowed the court to hear testimony he knew not to be true. This being the testimony of Zimmerman's wife referring to the couples finances and Zimmerman's ability to make bond. I don't know if he knew or didn't know but I don't think the tapes prove either way what the lawyer knew. You be the judge. Here is the article that says what the tapes contained.
  
Jail Call Suggests attorney knew about Zimmerman Money
By Frances Robles

Prosecutors released nearly 150 of George Zimmerman's recorded jailhouse phone calls Monday, including one that suggests his defense attorney knew from the start that tens of thousands of dollars in donations had begun pouring in.  In a phone call recorded April 14 between Zimmerman and a friend named Scott, the two discuss the new defense lawyer and the attorney's vision for an upcoming bond hearing. Zimmerman tells his friend that he told his new attorney, Mark O'Mara, that he tried to transfer $37,000 from his online legal defense fund site, but could not complete the transaction because of PayPal rules that prevent transfers larger than $10,000.  He twice mentions telling O'Mara about the money.
"He said he's going to have me declared indigent," Zimmerman told his friend. "I told him I didn't think that would be possible, because there was one sizable transfer I tried to make. It got stopped. You know, $37. He said: 'Well that doesn't matter. Right now you're not working. You're not providing an income for your family. You're probably not going to be employable for the rest of your life.'"

At one point the friend asks whether O'Mara knew "the volume" of the donations that came into the PayPal account Zimmerman had set up to solicit donations from the public. Zimmerman said O'Mara knew about the attempted transfer of $37,000, but not any more than that.  They agreed to keep it that way.  At an April 20 bond hearing, Zimmerman's wife testified the couple was broke, and the judge granted her husband a $150,000 bond. Days later, O'Mara declared to the court that Zimmerman had actually amassed a small fortune in donations.  At the time, O'Mara said he had failed to press his client about how much money he had raised.

Prosecutors then reviewed Zimmerman's jailhouse calls and bank records, and found that he, his wife, sister and the friend had collaborated to transfer all the donations out Zimmerman's name into cash. Zimmerman and his wife were recorded talking in a simple code to refer to large amounts of money. "Eight dollars" meant $80,000.  Furious, Seminole County Circuit Judge Kenneth Lester sent Zimmerman back to jail. A new bail hearing was held in June, and Zimmerman was released on a $1 million bond.  Zimmerman's wife was charged with perjury for lying at the first bond hearing.

Critics have questioned O'Mara's role in the plot, wondering whether he was really duped by his client or if he played a role in misleading the court. Zimmerman's wife, Shellie, testified that it was her brother-in-law who managed the online donations and she did not know how much was in it. O'Mara did not call Zimmerman's brother to testify.  Reached late Monday, O'Mara insisted he did not know about the money.
"I recall now some conversation of a transfer, but I don't recall a specific amount," O'Mara told The Miami Herald. "If it was $10,000 or $100,000 or $30,000, I would have remembered. It's not the type of thing you would risk your license to practice law over."  He stressed that the recording shows that Zimmerman was keeping him "at an arm's length" regarding the funding he had raised. He does not think the recording is clear-cut about whether Zimmerman told him about the money.  "I would have remembered $37,000," he said. "I can't imagine not remembering. It puts my credibility on the line."


The bulk of the calls reveal that Zimmerman was bored out of his skull, in a cell with no mirror and no clock. He seemed to have nearly unlimited access to a phone. In jail for just 11 days, he averaged more than 10 15-minute calls a day. He's heard whispering sweet nothings to his wife, and growing exasperated as she fails to understand his code language.  Fluent in Spanish, in one call he lamented to his sister that their parents did not give him a proper Hispanic name like "Jorge." If America had understood he was Latino, the entire ugly affair over the shooting death of Trayvon Martin could have been avoided, he said.  Zimmerman is charged with second degree murder for the Feb. 26 killing of the Miami Gardens teenager. The charges came only after weeks of protests by civil rights activists, people who Zimmerman said wrongly believed him to be "white."

At least one protest was almost held to support Zimmerman, but he stepped in and had organizers call off the rally. On April 19, Zimmerman reached out to the Rev. Terry Jones of Gainesville, Fla., to stop him from holding a rally in Sanford that weekend.  Jones had made headlines around the world when his threat to hold "International Burn a Koran Day" on the anniversary of 9/11 set off deadly protests in Afghanistan. On the phone, Zimmerman prayed with Jones and asked him to give America time to heal.

"I was calling as one God-fearing sinner to another for time for healing, not just for the city of Sanford, for America," Zimmerman said. "I know your intentions are good."  He was inspired by the biblical story of Jesus calming the storms, he said. Jesus, he said, wanted everyone to calm the storms.  Zimmerman asked Jones to come visit him in the jail instead

Tuesday, July 17, 2012

Top Ten Sports "Moving Violations"

Hey everyone, thought I would post up something a little more light hearted today.  Ran across this video on Youtube and it made me laugh.





Remember, If you find yourself with a moving violation in Overland Park, Olathe, Mission, Merriam, Lenexa, Shawnee, Leawood, Kansas City, or anywhere else in Kansas give me a call.

Monday, July 16, 2012

Jury recommends fine after man kills mother-in-law?

Saw this come up across the Kansas City Star and the headline nearly made me fall out of my chair.  Turns out shooting your mother-in-law doesn't carry with it as stiff a penalties as you might think.  In all fairness it look like it was an accident and she was threatening him.  Sounds like a pretty hostile home to live in if everyone has a gun and a knife at their ready disposal when a fight breaks out.

Here is the article.

Jury Recommends fine after convicting KC man of Killing his Mother-in-law
By:  Mark Morris

A Jackson County jury convicted a Kansas City man late Wednesday of involuntary manslaughter in the Aug. 22, 2011, killing of his mother-in-law.  But jurors found Michael S. Tittone, 28, not guilty of armed criminal action and decided that he should be punished with a fine, rather than imprisonment, a prosecutor’s spokesman said.  A judge will determine the fine at sentencing.

Tittone originally was charged with second-degree murder in the death of Pamela J. Groves, 52, in a home they shared in the 3500 block of St. John Avenue.  In testimony Tuesday, Tittone said Groves often became abusive and violent when she had been drinking. On that evening, he was afraid that she might again threaten him with a large knife that his defense lawyer showed the jury.  Tittone said he pointed a handgun at Groves and ordered her to her room. She then punched him in the throat and he lost his balance, he said.
“I can’t tell you if I pulled the trigger or if it happened while I stumbled backward,” Tittone said.
Tittone became emotional during his testimony, weeping as he described his long and conflicted relationship with Groves.

“She was like a father to me in a weird way,” Tittone said. “I loved that woman. I didn’t want this to happen.”

Read more here: http://www.kansascity.com/2012/06/21/3669315/jury-recommends-fine-after-convicting.html#storylink=cpy

Wednesday, July 11, 2012

New Law in Kansas allows for Free Booze at retail stores.

Well this caught me off guard.  The other day I was in Kansas City, MO at the Grandslam Gas Station and I walked in to see a sample stand like you would see at any Sam's Club or Costco.  I thought this was kind of strange being that it was in a gas station/ liquor store.  What peaked my interest even more was that they were giving out liquor.  Not cheese or candy or something like that but liquor.  It wasn't even beer or wine it was flavored vodka.  They were giving out half shots of vodka!  At a gas station?!  Turns out in Missouri this is 100% legal.  So I got to looking and it looks like the law changed in
Kansas to make it legal here also.

This just doesn't make any sense that Kansas would loosen up laws that allow you to get free booze at a retail outlet but then tighten the reins on driving under the influence laws.  Not only is it strange but it’s just counterintuitive,  you can go into a store, take a free shot of hard alcohol and try some wine then get back in your car and drive away.  Now if you get pulled over and you refuse to take a breath test the law allow for criminal punishment.  These laws seem to advocate drinking and driving then harshly punish those who do the natural consequence of what the law is now making legal.  I'm not saying you should drink and drive but this just doesn't make sense to give people free alcohol at a place they obviously drove a car to, then turn around and hammer them when they exercise their constitutional right to not incriminate themselves.

Here is the article that brought my attention to the Kansas law change.


New Kansas law allows wine, beer, and sprits tastings in retail stores
Br: Dennis Schaefer

New Kansas legislation, effective July 1, 2012, will allow wine, beer and spirits tastings in retail liquor stores. This has long been the case in Missouri but now Kansas has come into the 21st century and will be able to compete, on an equal footing, with Missouri liquor stores.  Time to get out and see what Kansas wine, beer and spirits stores are up to.

Lukas Liquor Superstore is wasting no time in announcing that their Kansas location will begin a tasting schedule for their customers starting this Sunday, July 1st. To celebrate the new law, on Sunday afternoon they will be tasting Pearl vodka and a delicious variety of Naked Grape wines from 1:00 - 4:00 p.m. Then on Tuesday, July 3rd, the fresh new flavors of New Amsterdam vodka will be on the tasting card, as well as premium wines from Edna Valley Winery, Red Rock and Martin Codax, from 3:00 - 6:00 p.m.

At the original Rimman Liquors in Lenexa, they will be pouring Radler, which is a shandy brew consisting of 50% premium beer and 50% grapefruit or lemon soda and is the perfect summer thirst-quencher. It's also low in calories and low in alcohol (2.83%). That's on Tuesday, July 3, from 1:00 - 8:00 p.m. Also on the same tasting menu: a wonderful wine blend called Eccelstone, primarily focused on Pinot Gris and Grenache Blanc but with another half dozen grapes in the blend. It's aromatic and flowery, a touch sweet, and wonderfully refreshing.


At Rimman Liquors in Prairie Village, on July 3, from 2:00 - 7:00 p.m., their preferred pour is from Lagunitas Brewing and it's their special seasonal, Undercover Shut-Down Ale, which, by the way, is very limited. Also on the tasting card: a genuine Dunkel Weizen from Summit Brewery of St. Paul, Mn. It's similar to wheat beer, but darker with flavors of toffee and chocolate and hints of banana and clove.

Buckley’s Wine Market will be offering a sparkling wine tasting from 5:00 - 7:00 p.m. on July 1, though the specific bubblies weren't specified. Their new wine tastings will be regularly scheduled from 5:00 - 7:00 p.m. on Thursdays and from 3:00 - 5:00 p.m. on Saturdays.

Gomer's of Lenexa announced that it will be getting into the swing of things too, with a store tasting on Sunday, July 1, from 12:00 - 4:30 p.m. featuring Edna Valley Chardonnay, Solicello Moscato, A to Z Rose', Bridgeport Summer Squeeze and the new and wildly popular Bud Light's Lime-a-Rita.

Free wine tastings on the Kansas side of the Kansas City metro area this week at: Lukas Liquor Superstore, 7541 W. 119th St., Overland Park, Ks. 66213, 913-451-8030. Rimman Liquors of Lenexa, 15117 W. 87th St., Lenexa, Ks. 66219, 913-942-1604. Rimann Liquors of Prairie Village, 3917 Prairie Lane, Prairie Village Shopping Center, Prairie Village, Ks. 66208, 913-236-5311. Buckley's Wine Market, 8661 W. 135th St., Overland Park, Ks. 66223, 913-814-9463. Gomer's Lenexa, 12740 W. 87th St., Lenexa, Ks. 66215, 913-894-0600.

Monday, July 9, 2012

Shawnee Kansas man in hot water after posting mugshots of people arrested in Kansas.

Well as if there wasn't enough negative stigma around someone that has been arrested, someone has taken it to a new level.  A Kansas man has created a website that posts up the mugshots of people arrested in Johnson County.  Now this is kinda a jerk thing to do but this has already been done.  The Johnson County sheriff's office already does this with inmates, so that relatives and such can confirm who has been arrested and have some basic information about their charges.  But this guy took it a step further.  Way further.  He then promoted the website and charged people to take their picture and information off the site.

Imagine.  You get arrested for something as simple as failure to register your car. (Pretty common especially since the Kansas Department of revenue just went through a huge computer system problem that lasted for months) This jerk takes your photo and blasts it all over the internet.  Then you go and try to get a new job, or have a job interview.  The employer searches your name on google. Bam they come up on this moron's website. Not good.

So then after people start calling this jerk asking to have their name taken off the website, what does this jerk do?  He charges them nearly $200.00 to take it down.  This guy is a total bottom feeder.  Here is the article that inspired this post.

SHAWNEE, Kan. (AP) — A northeastern Kansas man whose website posted mug shots and addresses of people arrested in Johnson County — then asked for up to $200 to take them down — is defending the site in the wake of a massive backlash from critics who complained it took advantage of people who hadn't been convicted of anything.  Matthew Creed, 30, of Shawnee, said he developed the website, Blabbermouthkc.com, as a community service to help make people aware of potential lawbreakers in their area.  "That was the biggest thing, to make others aware of those that were living around them that were breaking the law and to try to get those breaking the law to think twice about their future actions," Creed said Friday.  Critics slammed the website, which launched in May, saying it was akin to extortion or blackmail. The Johnson County District Attorney's office said Friday it was continuing to investigate whether Creed had violated any state laws.

"This guy is just a bottom-feeding vulture," said Jay Norton, a lawyer in Johnson County who represented some people featured on the website. "The idea that he was trying to help the community is a total farce." Creed's website featured a map of the Kansas City metro area with dots showing the Kansas or Missouri hometowns of people arrested in Johnson County. Clicking on the dots brought up the mugshots and addresses of people arrested — whether they were formally charged, much less convicted, The Kansas City Star reported (http://bit.ly/KY3bOx ).  Some of the photos were of people arrested for such infractions as being a minor in possession of tobacco or driving with expired registration.

Creed said Friday that the current version of the site was an initial test version and that it hasn't yet been fully realized. The site was temporarily offline late Thursday but was back up Friday evening.  "It's going through a transition," Creed said. He said in the future, he would like the website to focus more on charges related to drugs, alcohol, sex abuse and child support nonpayment, and perhaps eliminate some of the lesser charges.
Numerous websites post news of arrests, and often include mug shots. Some offer people a way to get such postings removed for a fee. Creed struck a nerve by combining both features, including an elaborate scale of payments to remove photos and arrest information from the site — $199.99 for prompt removal, $149.99 for removal within a few days.

Creed said he is seeking to have the site established as a nonprofit and intends to give 40 percent of proceeds to other charities. As an alternative to charging for removal of postings, he suggested he could do it if a person performed 180 hours of community service.  Creed said he knew he was delving into gray areas of the law but thought his business model was legal.  Wayne Logan, law professor at Florida State University, said Friday that Creed doesn't have any legal authority "to impose community service on anybody" and that while websites like Creed's may be legal, they also raise ethical concerns because they're "trying to make money off other peoples' misfortunes."  "Of course these are arrests, not convictions very often, so there's an important distinction there," Logan said.  Citing "Wanted" posters, Logan said people have been publishing information about suspected criminals for decades, but noted that the online factor in naming and shaming is different.

"The Internet is both more pervasive and more permanent. The reputational ramifications are much more significant," Logan said. "There's a kind of perverse gratification people get from looking at other people being in difficult circumstances."

Thursday, July 5, 2012

Wrongful death case against KC Priest goes forward.

The three year statute of limitations for wrongful death in Missouri was suspended in this case due to the "fraudulent concealment" of the diocese when it supposedly covered up the abuse.  That line pretty much says it all.  The saga continues for O'Brien who has been the subject of numerous abuse cases.  In this case it appears that a young man was killed via gunshot wound at the age of 14, and the parents are suing claiming that abuse of the priest caused the death.  Hopefully they get everything they are due. 

Here is the article in the Kansas City Star.

Wrongful-Death Lawsuit in priest abuse can proceed, judge rules

By: Judy Thomas

A wrongful-death lawsuit alleging that a boy took his life decades ago because of repeated sexual abuse by a Kansas City priest can proceed, a judge ruled this week.  The statute of limitations for wrongful death is three years in Missouri.  But in his order, Jackson County Circuit Judge Michael Manners held as valid the argument of the boys’ parents that the statute of limitations should be suspended because of the defendants’ cover-up, fraud and concealment of the priest’s alleged abuse of their son and other children.  The judge dismissed the parents’ other claims that the priest and the diocese deprived their son of “a material chance of surviving.”  Don and Rosemary Teeman filed the case against Monsignor Thomas O’Brien and the Diocese of Kansas City-St. Joseph last September after someone who served as an altar boy with their son, Brian, told them of the alleged abuse.

Brian Teeman, 14, died of a gunshot wound in November 1983 at the family’s home in Independence. The diocese and O’Brien filed motions to dismiss the lawsuit, arguing that too much time had passed. “I feel this win on the motion to dismiss is a big, big plus for our case to get justice for our son, Brian, and for all the victims who are also trying to get justice,” Don Teeman told The Kansas City Star. “God has started to answer our prayers.”  The lawsuit, which seeks unspecified damages, is thought to be the first wrongful-death case in Missouri involving priest sexual abuse in which the statute of limitations could be suspended based on “fraudulent concealment,” said Rebecca Randles, the Teemans’ attorney.

“This is a victory for us in a big way,” Randles said. “This means the case can move forward.” The diocese issued this statement in response to the order: “This procedural ruling did not make any finding as to the factual allegations made by the plaintiffs, and the diocese will continue to defend the case.” The lawsuit says the diocese shares responsibility for Brian Teeman’s death because officials knew that O’Brien was sexually abusing boys but covered it up.  O’Brien, who has been the subject of more than two dozen sexual abuse lawsuits since 2004, has repeatedly denied that he abused any boys. His attorney, Gerald McGonagle, was out of town Friday and could not be reached for comment.  The diocese has said that it received a complaint in September 1983 accusing O’Brien of sexual misconduct with a teenage boy and that O’Brien denied any wrongdoing. O’Brien was removed from his assignment as pastor of Nativity of the Blessed Virgin Mary Parish in October 1983 and sent for psychological evaluation and treatment, the diocese said.

After completing treatment, O’Brien returned to the diocese in June 1984 and was allowed to serve only as a part-time hospital chaplain, the diocese said. He continued in that position until 2002. Later that year, the bishop at that time, Raymond J. Boland, told O’Brien that he could no longer present himself as a priest.
When they filed the lawsuit, the Teemans said they didn’t know about the sexual abuse or the reason for Brian’s suicide until Jon David Couzens, the former altar boy, contacted them in 2011. The lawsuit alleges that O’Brien forced Brian Teeman and three other boys to perform sexual acts in the sacristy at Nativity of the Blessed Virgin Mary Church in Independence. The abuse began when Brian was 11 and continued until he graduated from eighth grade, the lawsuit alleges. It says O’Brien warned the boys that if they ever told, they would be kicked out of the church, be disowned by their parents and go to hell.  Couzens also filed a lawsuit last summer alleging sexual abuse by O’Brien. A ruling on motions to dismiss his case is pending.

Read more here: http://www.kansascity.com/2012/06/29/3683190/ruling-wrongful-death-lawsuit.html#storylink=cpy

Monday, July 2, 2012

DUI charges dismissed against former KU/ Former Pro Football player.

It looks like the Douglas County District Attorney dismissed the DUI charge against former KU football player and Pro Football player Elvis Patterson.  It turns out that after reviewing the tape of the DUI case shot by the officer's dash cam and in light of the defendant's medical condition the Prosecutors determined that there was not enough evidence to pursue a conviction.  It just goes to show you that you don't have to be drunk to fail a field sobriety test.  Like any physical test there are many different factors that  can contribute to a negative response to a directive by an officer.  These tests are very subjective and we always recommend that anyone that is pulled over by the police and suspected of a DUI to refuse the field sobriety tests.  You are not required to take them so don't give the police anymore evidence against you.

Here is the article that this post was derived from.

Prosecutors dismiss DUI charge against former KU, Pro Football Player
By Chad Diepenbrock

Douglas County prosecutors Thursday dismissed a DUI charge against former Kansas University and NFL football player Elvis Patterson related to a June 4, 2011, traffic stop east of Lawrence. Patterson, 51, Lenexa, pleaded guilty two traffic infractions, refusing a preliminary breath test and speeding for going 12 mph over the limit on Kansas Highway 10. District Judge Michael Malone ordered Patterson to pay $260 in fines and court costs.

Assistant District Attorney Greg Benefiel said prosecutors agreed to dismiss the DUI count after reviewing a video of the stop. Patterson had communicated to Douglas County Sheriff’s officers he had a medical condition that affected his ability to perform field sobriety tests, the prosecutor said. “We determined that the case could not be proven beyond a reasonable doubt,” Benefiel said. Patterson’s attorney John Ivan earlier this year filed a civil petition contending Patterson told officers he had a medical condition and a disability that made it “impossible for him to perform the balance and coordination tests.” Ivan also wrote in the petition a patrol car video recorded only officers at the scene and not Patterson. Patterson was a KU defensive back from 1981 to 1983 and won Super Bowls as a member of the 1986 New York Giants and 1993 Dallas Cowboys.