Criminal Law News – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Possession of Small Amount of Drugs No Longer a Felony Offense in Oregon https://legacy.lawstreetmedia.com/blogs/crime/possession-small-amounts-drugs-no-longer-felony-offense-oregon/ https://legacy.lawstreetmedia.com/blogs/crime/possession-small-amounts-drugs-no-longer-felony-offense-oregon/#respond Fri, 18 Aug 2017 18:19:17 +0000 https://lawstreetmedia.com/?p=62794

Oregonians may now be charged with a misdemeanor for possessing small quantities of drugs.

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Image Courtesy of Oregon Department of Transportation License: (CC BY 2.0)

People in Oregon who are arrested while in the possession of small amounts of drugs will no longer face felony charges. Oregon Governor Kate Brown signed HB 2355 into law on Tuesday, reducing the classification of possession of certain quantities of drugs from a felony to a misdemeanor.

Individuals convicted of the misdemeanor now face up to one year in prison. Prior to this move, those same individuals faced up to five years in prison for possession of any amount of cocaine and methamphetamine, and up to 10 years for heroin and MDMA, according to the Huffington Post.

Per the new law, individuals may be charged with a misdemeanor if they are found to be in the possession of less than two grams of cocaine or methamphetamine, less than one gram of heroin, less than 40 pills of oxycodone, less than one gram or five pills of MDMA (also known as ecstasy), or less than 40 units of LSD. Individuals possessing larger amounts of those drugs can still face felony charges.

The law also contains a provision to combat profiling of people “based solely on the individual’s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness or disability.”

In 2014, California became the first state to defelonize minor drug crimes after voters approved Proposition 47. The ballot measure also included the reclassification of other felonies such as certain theft and fraud charges as misdemeanors.

In recent years, the U.S. federal government has begun to rethink sentences for some drug-related crimes. CBS reported in 2016 that more than 26,000 federal drug offenders had received shortened prison terms as a result of sentencing guidelines changes that the U.S. Sentencing Commission approved in 2014. The reevaluation of drug penalties is not just occurring in the U.S., but has become a global effort. Countries are working to lessen the power of organized crime and promote rehabilitative treatments for drug users.

Changes to federal drug policies in the U.S. may be slow to progress under Attorney General Jeff Sessions. But states like Oregon could play a significant role in ending the “war on drugs” through drug defelonization and rehabilitating drug users rather than imposing harsh penalties on them.

Marcus Dieterle
Marcus is an editorial intern at Law Street. He is a rising senior at Towson University where he is double majoring in mass communication (with a concentration in journalism and new media) and political science. When he isn’t in the newsroom, you can probably find him reading on the train, practicing his Portuguese, or eating too much pasta. Contact Marcus at Staff@LawStreetMedia.com.

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Rapper Kidd Creole Charged with Murder https://legacy.lawstreetmedia.com/blogs/entertainment-blog/kidd-creole-murder/ https://legacy.lawstreetmedia.com/blogs/entertainment-blog/kidd-creole-murder/#respond Thu, 03 Aug 2017 20:02:37 +0000 https://lawstreetmedia.com/?p=62547

The 57-year-old allegedly stabbed a homeless man for calling him "a gay slur."

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Image courtesy of Alan Cleaver; License: (CC BY 2.0)

On Wednesday, New York police arrested Nathaniel Glover, also known as Kidd Creole, for fatally stabbing a homeless man.

Surveillance footage shows the 57-year-old rapper getting into an argument with the victim on Tuesday, police told the New York Times. The altercation took place at around 11:50 p.m. at the intersection of East 44th Street and Third Avenue. TMZ reports that the victim used a “gay slur,” which caused Glover’s angry reaction. It is not clear if or how the two men knew each other before the argument.

As the fight escalated, Glover stabbed the victim multiple times in the torso. EMS took him to Bellevue Hospital, where he was pronounced dead.

The New York Daily News identifies the man as 55-year-old John Jolly. He lived in a homeless shelter in Lower Manhattan, about two miles from where Glover allegedly stabbed him. According to a police statement, he was a level two sex offender who served five years for beating and raping a 42-year-old woman in 1997. Jolly appeared to be drunk on the surveillance footage.

Glover, a Bronx native, works near the crime scene as a handyman and security guard. He confessed to the murder and told police that he was “extremely remorseful” for his actions.

He was charged with second-degree murder, which carries a maximum sentence of life without parole. There is no information on his lawyer as of yet.

“That is so sad, I’m really in shock right now,” Glover’s 72-year-old neighbor told the New York Daily News. “He was the sweetest man I’ve ever met. Everybody liked him, I’m really about to cry.”

Glover was one of the founding members of Grandmaster Flash and the Furious Five, a hip hop group active during the 1980s. They reached mainstream fame with their 1982 single “The Message,” which reached Number 62 on the Billboard Top 100. The group was inducted into the Rock and Roll Hall of Fame in 2007. They were the first hip hop group to reach that milestone.

The Furious Five was supposed to perform at the Dell Music Center in Philadelphia on August 20. Following Glover’s arrest, Live Nation removed the event from its concert listing. Neither the band nor the music center have commented on Glover’s arrest.

Delaney Cruickshank
Delaney Cruickshank is a Staff Writer at Law Street Media and a Maryland native. She has a Bachelor’s Degree in History with minors in Creative Writing and British Studies from the College of Charleston. Contact Delaney at DCruickshank@LawStreetMedia.com.

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Two Arrested For Murders of Four Missing Pennsylvania Men https://legacy.lawstreetmedia.com/blogs/crime/two-arrested-murders-four-missing-pennsylvania-men/ https://legacy.lawstreetmedia.com/blogs/crime/two-arrested-murders-four-missing-pennsylvania-men/#respond Fri, 14 Jul 2017 19:32:03 +0000 https://lawstreetmedia.com/?p=62136

The bodies of all four have been found by investigators.

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"warning sign" courtesy of Robert Couse-Baker; license: (CC BY 2.0)

On Thursday night, the main person of interest in the investigation into the four men who disappeared in Pennsylvania last week confessed that he killed all of them. Cosmo DiNardo, 20, admitted to the murders in exchange for the district attorney’s agreement to not pursue a death sentence, one of his lawyers said.

The confession came one day after investigators found human remains in a “common grave” on DiNardo’s parents’ property, which the police had spent days searching. The remains were identified as belonging to Dean Finocchiaro, 19. Thanks to cadaver dogs, the grave could be found despite being 12.5 feet deep. The bodies of the remaining men were later identified in the same grave.

Early Friday morning, a second man was arrested, 20-year-old Sean Kratz. Both men face charges of criminal homicide, conspiracy to commit criminal homicide, abuse of a corpse, and robbery.

The Killer Knew the Victims

Police suspected early on that all the men knew each other. Jimi Patrick, 19, was the first to disappear, and was last seen on July 5. He reportedly graduated from the same small high school as DiNardo did, just one year later. Finocchiaro was last seen on the evening of July 7, as was Thomas Meo, 21, and Mark Sturgis, 22. Meo and Sturgis were longtime friends who both worked for Sturgis’ father.

Finocchiaro and DiNardo were both members of a Facebook group for people buying and selling terrain vehicles, and text messages in a group chat showed that they knew each other. A friend of Meo and Sturgis, Eric Beitz, said that DiNardo had been hanging out with them recently and that he talked about “weird things like killing people and having people killed.” Apparently DiNardo also sold guns. Sturgis’ father said he had heard his son and Meo mention Finocchiaro in the past.

History of Mental Illness

Cosmo DiNardo was well known to law enforcement and had had 30 contacts with law enforcement in just six years. He suffers from mental illness and spent time at a mental institution last summer where he was involuntarily committed. It is unknown for what specifically, but a prosecutor described him as schizophrenic.

On Monday, Dinardo was arrested for an unrelated charge of possessing a firearm despite suffering from a mental illness. The incident involving the firearm reportedly happened in February, but the district attorney authorized police to refile the charges last month. His father then paid 10 percent of his $1 million bail.

The Crime

Police early on focused on DiNardo as a person of interest in the case of the missing men, after a signal from Finocchiaro’s cellphone was traced to DiNardo’s family farm. On Wednesday, DiNardo was arrested for trying to sell Meo’s car for $500 to a friend, who called the police.

The car was found on another property owned by the DiNardos, but was still officially registered to Meo. Meo’s diabetic kit was still in the car, which according to family members, he didn’t go anywhere without. After that, DiNardo’s bail was set at $5 million. On Wednesday, cadaver dogs led police to the grave.

DiNardo told investigators he promised to sell the men marijuana, but then he decided to kill them and keep their money. He shot and killed Patrick on July 5, and used a backhoe to dig a hole in which to bury the body.

On July 7, DiNardo and Kratz met with Finocchiaro, also involving marijuana sales. Kratz shot Finocchario, and DiNardo placed him in a metal tank.

Later that same day, DiNardo shot Sturgis and Meo and placed them in the same tank as Finocchiaro. The next day, DiNardo and Kratz dug a deep hole using the backhoe and buried the whole tank. There are sure to be more details to come as investigators continue their search and press the men.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Fyre Festival Organizer Arrested, Charged With Wire Fraud https://legacy.lawstreetmedia.com/blogs/entertainment-blog/fyre-festival-organizer-arrested-wire-fraud/ https://legacy.lawstreetmedia.com/blogs/entertainment-blog/fyre-festival-organizer-arrested-wire-fraud/#respond Wed, 05 Jul 2017 20:01:29 +0000 https://lawstreetmedia.com/?p=61908

The disastrous festival saga continues!

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"Bahamas" Courtesy of A. Duarte : Licence (CC BY-SA 2.0)

The main organizer of Fyre Festival has been arrested and charged with wire fraud, according to court documents that were unsealed Friday.

Billy McFarland, 25, is accused of defrauding investors in his company, Fyre Media, and Fyre Festival. The now-infamous music festival was promoted on social media by models and celebrities, who touted it as a luxurious paradise in the Bahamas for those who could afford the $1,500 (minimum) ticket price. But when Fyre Festival attendees arrived on the island, they described it as a “post-apocalyptic nightmare.”

McFarland could face up to 20 years in prison if found guilty, according to a release from the U.S. Attorney’s office for the Southern District of New York. McFarland was released on $300,000 bail Saturday, after a hearing that focused largely on McFarland’s wealth and lavish lifestyle.

According to the criminal complaint, McFarland, as founder and CEO of Fyre Media and its subsidiary, Fyre Festival, misrepresented his company’s earnings and his personal wealth, and “perpetrated a scheme to defraud individuals by inducing at least two investors to invest approximately $1.2 million.”

“McFarland promoted the Fyre Festival in part by claiming that it would bring a global audience together to share a life changing experience,” the complaint reads. “Ultimately, the Fyre Festival was widely deemed to have been a failure.”

The complaint was sworn to by Brandon Racz, a special agent with the F.B.I. who is assigned to the White Collar Fraud squad in the agency’s New York Division. At least two individuals were identified in the complaint as having invested $1.2 million in Fyre Media and Fyre Festival. However, investigators believe there could be more than 80 investors involved, according to the New York Times.

Fyre Media began as an website through which users could book artists and celebrities for events. McFarland allegedly distributed documents to potential investors, claiming that the company had pulled in millions of dollars in revenue from these bookings. However, the company had really earned less than $60,000.

McFarland also misrepresented his personal wealth, according to the complaint. In one example, McFarland provided at least one investor with documents that purported to show that he owned more than $2.5 million in stock in a particular company. In reality, he only owned less than  $1,500, and had altered a Scottrade account statement to make it appear that he owned more.

In the press release, Joon Kim, the acting U.S. Attorney for the Southern District of New York, called Fyre Festival a “disaster.”

“As alleged, William McFarland promised a ‘life changing’ music festival but in actuality delivered a disaster,” Kim said. “McFarland allegedly presented fake documents to induce investors to put over a million dollars into his company and the fiasco called the Fyre Festival. Thanks to the investigative efforts of the FBI, McFarland will now have to answer for his crimes.”

McFarland’s co-organizer, rapper Ja Rule, has not been arrested. The pair face more than a dozen lawsuits related to Fyre Festival, including one seeking $100 million in damages for disappointed Fyre-goers.

Avery Anapol
Avery Anapol is a blogger and freelancer for Law Street Media. She holds a BA in journalism and mass communication from the George Washington University. When she’s not writing, Avery enjoys traveling, reading fiction, cooking, and waking up early. Contact Avery at Staff@LawStreetMedia.com.

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Chicago Officers Indicted on Three Felony Counts in Laquan McDonald Murder https://legacy.lawstreetmedia.com/blogs/crime/indicted-laquan-mcdonald-murder/ https://legacy.lawstreetmedia.com/blogs/crime/indicted-laquan-mcdonald-murder/#respond Thu, 29 Jun 2017 14:35:31 +0000 https://lawstreetmedia.com/?p=61770

McDonald was shot and killed in October 2014.

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Image Courtesy of Scott L; License: (CC BY-SA 2.0)

On Tuesday, three officers involved in the shooting of 17-year-old Laquan McDonald were indicted on three felony counts: conspiracy, official misconduct, and obstruction of justice. None of the officers pulled the trigger that killed McDonald on October 20, 2014 in Chicago’s South Side. Instead, they are accused of intentionally shielding the man who is charged with McDonald’s murder, Officer Jason Van Dyke.

According to the indictment, Detective David March and patrol officers Joseph Walsh and Thomas Gaffney provided a misleading report after the shooting. Detailing the events that led Van Dyke to shoot and kill McDonald, the officers said the teenager wielded a knife and was aggressively approaching the officers, slashing his blade in their direction.

But about a year after the shooting, in November 2015, the Chicago Police Department released dashcam footage that contradicted the officers’ report. In the video, McDonald appears to be holding a knife, but is clearly staggering away from the officers. Shots ring out and McDonald falls to the pavement, as Van Dyke continues to fire his weapon. In all, 16 shots were fired. The video, which sparked massive protests across Chicago, ultimately led to the dismissal of Police Superintendent Garry F. McCarthy.

“These defendants lied about what occurred during a police-involved shooting in order to prevent independent criminal investigators from learning the truth,” said Patricia Brown Holmes, the special prosecutor who announced the charges on Tuesday.

The indictment said that the three men were aware that a “public airing” of the shooting and the video “would inexorably lead to a thorough criminal investigation by an independent body and likely criminal charges.” The charges also said March, a detective with over three decades of experience, “failed to locate, identify, and preserve physical evidence” of the crime, “including video and photographic evidence.”

The three officers also allegedly conspired together to avoid interviewing three witnesses that would have conflicted with Van Dyke’s account of his encounter with McDonald. Van Dyke was charged with first-degree murder in 2015; he pleaded not guilty, and there is no trial date set at this point. March, Walsh, and Gaffney are scheduled to be arraigned on July 10. If convicted, they could face over ten years in prison and tens of thousands of dollars in fines.

In the Obama Administration’s last months in office, officials conducted an investigation into the CPD. The findings were announced just days before President Donald Trump’s inauguration. The Justice Department found a pattern of racial discrimination within the CPD, and said the department “engages in a pattern or practice of using force, including deadly force, in violation of the Fourth Amendment of the Constitution.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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YouTuber Charged With Child Pornography Production https://legacy.lawstreetmedia.com/blogs/technology-blog/youtuber-child-pornography/ https://legacy.lawstreetmedia.com/blogs/technology-blog/youtuber-child-pornography/#respond Sun, 18 Jun 2017 14:48:24 +0000 https://lawstreetmedia.com/?p=61449

Are the allegations against Austin Jones indicative of celebrities abusing the fan-celebrity connection?

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Image courtesy of Esther Vargas; License: (CC BY-SA 2.0)

YouTuber Austin Jones was charged with two counts of child pornography production in a Chicago federal court on June 13.

Jones, 24, allegedly solicited pornographic videos from two underage fans, according to a criminal complaint. In an affidavit, Special Agent of Homeland Security Investigations Michael Ploessl said Jones had communicated separately with two girls who had each identified themselves as 14 years old.

Ploessl said that during a videotaped interview with HSI, Jones waived his Miranda rights and admitted to having sexually explicit chats with the girls over Facebook in which he instructed them to make and send videos of themselves “dancing in a sexually explicit way” and performing sexual acts, despite knowing that the girls were underage.

Ploessl said Jones directed both girls, identified as Victim A and Victim B in the affidavit, to send him videos of themselves dancing in a sexual manner. According to Ploessl, Jones coached the girls on what to do, wear, and say in the videos, including telling each girl to explicitly identify her name and age at the beginning of the videos.

Ploessl said Victim A repeatedly told Jones that she was “tired and wanted to stop,” but that Jones pushed her to continue. Ploessl said Victim B also expressed her discomfort with what Jones was asking her to do, but Jones continued to pressure her, repeatedly calling her his “biggest fan.” Victim A sent Jones approximately 15 videos; Victim B sent approximately 25. According to the affidavit, several of the videos depicted Victim A and Victim B dancing nude from the waist down.

If convicted, Jones could face up to 30 years in prison.

People on social media reacted to the news about Jones. Some condemned him for “[abusing] his position as a public figure.”

One ex-fan burned some of their Austin Jones memorabilia, including an Austin Jones poster and shirt.

Another said they were not surprised by the news after similar allegations surfaced a few years ago.

These are not the first allegations of Jones pressuring underage girls to send him videos. In May 2015, screenshots of alleged messages, as well as more detailed explanations of those message interactions, between Jones and a girl named “Ashley” were posted on the website PupFresh. In that article, “Ashley” said she and Jones started talking during a Facebook Q&A at which point they began messaging one another privately and Jones asked her to send him videos of her twerking. Other women have made online posts and videos accusing Jones of similar actions, but thus far only two unnamed individuals are referred to in the complaint.

In June 2015, Jones uploaded a video on YouTube in which he responded to the accusations against him. Jones apologized for his conduct but denied that anything went beyond twerking.

“Nothing ever went further than twerking videos,” Jones said in the video. “There were never any nudes, never any physical contact.”

Jones’ case is one among a growing number of allegations against YouTubers–most of whom are white men–who have allegedly used their status as internet personalities to coerce fans and other individuals into uncomfortable situations, abusive relationships, and incidents of sexual assault and/or rape.

In 2014, at least four women came forward to accuse British YouTuber Sam Pepper of inappropriately touching them and/or sending them inappropriate messages. Three of those four women were under the age of 18 at the time of their alleged interactions with Pepper, according to BuzzFeed News.

Also in 2014, several individuals accused another British YouTuber, Alex Day, of pressuring them into sexual situations and having inappropriate relationships with fans. Day initially denied the allegations, but eventually admitted to having “occasionally manipulative relationships with women” in a Tumblr post from his account that his since been deactivated. However, Day maintained in another Tumblr post that “at no point in my life have I ever had a sexual relationship with someone under the age of consent.”

Organizations like Thorn, an international anti-human trafficking organization, are working to address the sexual exploitation of children and to eliminate the production and spread of child sexual abuse material (CSAM). In addition to providing resources for trafficking victims, Thorn is advocating for increased intelligence sharing among organizations that are fighting child trafficking to decrease redundancy and inefficiency. Thorn also communicates with people searching for CSAM to encourage them to seek help and deter them from exhibiting harmful behavior.

Ploessl’s affidavit did not say that Jones had circulated the videos he had received from the girls. While Thorn is working to end sexual exploitation of children by tracking the circulation of CSAM, it can be difficult to track CSAM that perpetrators are keeping solely for themselves.

Unlike television and film celebrities who are largely unreachable to fans, YouTubers and other internet stars often establish more personal relationships with their fans and are able to connect with their viewers in real-time thanks to social media. For many, YouTube is a community where fans and creators can have meaningful, appropriate interactions with one another. But the combination of YouTubers’ perceived relatability and celebrity status can result in some creators abusing that fan-creator relationship.

In his conversation with Victim B, Jones allegedly asked her, “do you realize how lucky you are?!?!” and told her that she needed to “prove” that she was his biggest fan. Jones allegedly told Victim B things like “I guess you really aren’t my biggest fan…..ok then” and “I’m just trying to help you! I know you’re trying your hardest to prove you’re my biggest fan. And I don’t want to have to find someone else,” according to the affidavit.

By reinforcing the idea that they should be placed on a pedestal and worshiped, some celebrities have forced fans into situations in which they do not or cannot consent to. If the allegations of YouTubers manipulating and abusing their fans are any indicator, increased accountability within the YouTube space is a necessary step in ending certain internet personalities’ predatory behavior toward vulnerable, underage fans.

Marcus Dieterle
Marcus is an editorial intern at Law Street. He is a rising senior at Towson University where he is double majoring in mass communication (with a concentration in journalism and new media) and political science. When he isn’t in the newsroom, you can probably find him reading on the train, practicing his Portuguese, or eating too much pasta. Contact Marcus at Staff@LawStreetMedia.com.

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Turkish Security Detail Charged after May Melee https://legacy.lawstreetmedia.com/blogs/law/turkish-security-detail-charged/ https://legacy.lawstreetmedia.com/blogs/law/turkish-security-detail-charged/#respond Thu, 15 Jun 2017 19:11:54 +0000 https://lawstreetmedia.com/?p=61438

They can't be arrested unless they return to the country.

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"Turkey" courtesy of PASOK: License (CC BY-SA 2.0)

Today, United States law enforcement officials charged the security detail for Turkish President Recep Tayyip Erdogan after they escalated a protest outside the Turkish Embassy, leading to violence.

The skirmish broke out this May after Erdogan and his security detail met with President Donald Trump at the White House on May 16. Court documents reveal the demonstration was peaceful until a group of “radicalized protesters began taunting the peaceful protesters,” according to the Washington Post.

When Erdogan’s group arrived at the property, Turkish security provoked the demonstrators and a violent outburst broke out that entangled demonstrators from both sides, Turkish security, and American law enforcement. Eleven people were injured and nine were hospitalized, as Erdogan watched from his Mercedes-Benz.

Police in Washington D.C. have been investigating the incident alongside the State Department and Secret Service.

These charges levied against Turkish security officials are the first steps since the attack a month ago. Since the incident, American authorities have been frustrated privately and publicly regarding what they perceived as a foreign government’s attack on American free speech, according to the New York Times. 

The State Department responded by saying “violence is never an appropriate response to free speech” and that officials are “communicating our concern with the Turkish government in the strongest possible terms.”

Just last week the House of Representatives passed a bill condemning the violence and asking for punishment.

While America views free speech and protest as an integral part of its democracy, the same cannot be said for Turkey. After a failed military coup last year, Erdogan’s government has pursued enemies and detractors of his regime. Nearly 200,000 people have been arrested, dismissed, or suspended from their jobs, according to the Washington Post. While the United States ranks 43rd in the World Press Freedom rankings, Turkey is ranked 155th.

One issue is that Erdogan and his team returned to Turkey just hours after the skirmish and it is unlikely that the country would extradite its people to face charges. If they ever return to the United States, however, they risk being arrested, according to the New York Times.

With that in mind, the State Department added that it would consider additional action “as appropriate under relevant laws and regulations.”

Another issue the outburst created was how it would impact diplomatic relations between the nations. It has already halted the progress of a $1.2 million arms sale to Turkey, according to the New York Times.

The incident has certainly raised tensions with Turkey, and American officials may continue to be disappointed with their attacks on protesters. Now it remains to be seen how Turkey, and Erdogan, will respond to the charges from law enforcement.

Josh Schmidt
Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

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Bangladeshi Diplomat Allegedly Forced Unpaid Aide to Work 18-Hour Days https://legacy.lawstreetmedia.com/blogs/crime/bangladeshi-diplomat-servant/ https://legacy.lawstreetmedia.com/blogs/crime/bangladeshi-diplomat-servant/#respond Tue, 13 Jun 2017 21:12:10 +0000 https://lawstreetmedia.com/?p=61390

He's been charged with trafficking, among other charges.

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Image courtesy of Fredrik Rubensson; License: (CC BY-SA 2.0)

On Monday, a Bangladeshi diplomat in New York was charged with labor trafficking and assault for allegedly forcing his servant to work up to 18 hours a day without pay. The man couldn’t escape his situation as the employer, Mohammed Shaheldul Islam, had taken his passport and threatened to kill his mother and son.

Forty-five-year-old Islam is the deputy consul general for Bangladesh. According to authorities, he hired Mohammed Amin to be his servant and organized for him to come to the U.S. in 2012. But when he arrived, Islam took his passport and made Amin work for up to 18 hours a day. He said if Amin left, he would have his mother and son killed and “shame” his daughter.

Islam is also accused of beating Amin if he wasn’t obedient enough, with his hands or with a wooden shoe. He didn’t pay him, but Amin did make a little bit of money working at parties and events that Islam organized. But even then, Islam took the tip money and gave Amin a check back, so that it would look on paper as if he was given a paycheck.

Islam is now facing 33 charges for grand larceny, assault, labor trafficking, unlawful imprisonment, and more. “The long list of 33 charges in the indictment is a clear indication of the shocking depth of the deprivation and abuse allegedly meted out by this diplomat against his helpless domestic worker,” said Phil Robertson of Human Rights Watch in Asia.

Arranging for countrymen to accompany diplomats to serve as household help is common for South Asian diplomats. But in 2013, Indian deputy consul general Devyani Khobragade was arrested on charges of labor trafficking, also in New York. She had forced her housekeeper and nanny to work for $1 dollar an hour, for 100 hours a week. Shortly after that Islam started writing checks for Amin’s tip amounts, to create the illusion of a regular paycheck.

Khobragade’s arrest caused relations between the U.S. and India to worsen. People in India were outraged at the news–not because of the rich diplomat’s treatment of her employee, but because U.S. officials had arrested her outside her daughter’s school and strip-searched her. Many also argued that the housekeeper was far better paid than domestic workers in India.

Preet Bharara, then the United States Attorney in Manhattan, commented on it at the time. “One wonders why there is so much outrage about the alleged treatment of the Indian national accused of perpetrating these acts, but precious little outrage about the alleged treatment of the Indian victim and her spouse,” he said.

Experts say the cases that are actually prosecuted are only the tip of the iceberg–the practice of using servants under slave-like conditions is probably much more common than we know.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Anthony Weiner Pleads Guilty in Sexting Case with 15-Year-Old Girl https://legacy.lawstreetmedia.com/blogs/crime/anthony-weiner-guilty-sexting/ https://legacy.lawstreetmedia.com/blogs/crime/anthony-weiner-guilty-sexting/#respond Fri, 19 May 2017 18:06:13 +0000 https://lawstreetmedia.com/?p=60856

The former congressman will register as a sex offender.

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Image Courtesy of Barry Solow; License: (CC BY-SA 2.0)

Anthony Weiner, the disgraced former congressman from New York, pleaded guilty to transferring obscene materials to a minor in a federal court in Manhattan on Friday. The expected plea agreement capped an FBI investigation into Weiner’s relationship with a 15-year-old girl. Weiner, 52, could face a maximum sentence of 10 years in prison. The judge said he will be required to register as a sex offender. Weiner also agreed to not appeal any prison sentence between 21 and 27 months.

In court on Friday, Weiner issued the following statement:

Beginning with my service in Congress and continuing into the first half of last year, I have compulsively sought attention from women who contacted me on social media, and I engaged with many of them in both sexual and non-sexual conversation. These destructive impulses brought great devastation to family and friends, and destroyed my life’s dream of public service. And yet I remained in denial even as the world around me fell apart.

Last September, the girl anonymously shared her story with British tabloid The Daily Mail. She said Weiner had sent her sexually explicit text messages and photographs. She said Weiner was aware that she was a minor. That report came just months after Weiner was embroiled in another sexting scandal that led to a separation with his wife, Huma Abedin, a close aide to Hillary Clinton.

The FBI’s investigation into Weiner’s communications with the 15-year-old girl also affected the presidential campaign–Weiner’s electronic devices contained emails pertinent to the FBI’s investigation into Clinton’s private email server. Recently fired FBI Director James Comey sent a controversial letter to Congress, in the days before the November 8 election, saying that the FBI, while investigating Weiner, found new emails that “appear to be pertinent to the [Clinton] investigation.”

The FBI determined the newly-discovered emails didn’t contain any new information, but Clinton recently blamed the eleventh-hour disclosure as central to her election defeat.

Weiner’s political career crumbled in 2011, when his first sexting scandal went public. He had been a Democratic representative from New York since 1999. Despite his tarnished reputation, he ran for mayor of New York City in 2013. His bid was derailed by yet another sexting scandal.

According to an Associated Press report, Weiner was crying in court as he apologized to the girl, saying, “I have a sickness, but I do not have an excuse.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Chelsea Manning is a Free Woman https://legacy.lawstreetmedia.com/blogs/crime/chelsea-manning-freed/ https://legacy.lawstreetmedia.com/blogs/crime/chelsea-manning-freed/#respond Wed, 17 May 2017 21:22:21 +0000 https://lawstreetmedia.com/?p=60805

...and officially on Instagram.

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Image Courtesy of mathew lippincott: License (CC BY 2.0)

After serving seven years behind bars, Chelsea Manning walked out of the U.S. Disciplinary Barracks at Fort Leavenworth in Kansas today a free woman.

Manning, 29, was sentenced to 35 years in prison for leaking hundreds of thousands of secret government files to Wikileaks. The leaked military archives contained files such as diplomatic cables, videos, and PowerPoint presentations, and is considered to be one of the largest leaks of classified information in history.

President Barack Obama commuted the bulk of her remaining sentence–all but four months to be exact–in January, as one of his final acts in office.

Manning, who already has a Twitter account that she updated regularly while in prison, quickly acclimated herself to new forms of social media upon her release. She commemorated her “first steps of freedom” on her newly acquired Instagram account–the app was created in 2010, the same year she went to prison.

First steps of freedom!! 😄 . . #chelseaisfree

A post shared by Chelsea E. Manning (@xychelsea87) on

She even went as far to celebrate her first post-prison meal, a greasy slice of pepperoni pizza.

So, im already enjoying my first hot, greasy pizza 😋

A post shared by Chelsea E. Manning (@xychelsea87) on

Over the years, Manning, who has had a Twitter account since 2013, has remained vocal about her imprisonment, transition, and politics.

In a short statement Wednesday, Manning said:

After another anxious four months of waiting, the day has finally arrived. I am looking forward to so much! Whatever is ahead of me is far more important than the past. I’m figuring things out right now — which is exciting, awkward, fun, and all new for me.

Anyone familiar with Manning’s case knows that life for the private first class soldier has been incredibly tumultuous following her 2013 conviction. While in prison, Manning–born Bradley–came out as transgender and changed her name to Chelsea, but was forced to remain in the all-male prison.

In 2014, she sued the U.S. government for access to hormone therapy and won; however she was still forced to conform to male grooming standards, which only exacerbated her gender dysphoria. In 2016, Manning attempted suicide twice and went on a hunger strike, each time citing her prison conditions. Her second suicide attempt came after she was sent to solitary confinement as punishment for her first suicide attempt.

President Obama faced harsh criticism from Republicans for commuting Manning’s sentence, but reportedly “felt strongly it was the right thing to do.”

“Chelsea has already served the longest sentence of any whistleblower in the history of this country,” said Manning’s attorneys Nancy Hollander and Vincent Ward in a joint statement. “President Obama’s act of commutation was the first time the military took care of this soldier who risked so much to disclose information that served the public interest. We are delighted that Chelsea can finally begin to enjoy the freedom she deserves.”

Manning is still attempting to appeal her conviction, and according to her attorneys she will remain an active-duty soldier in the Army. Under this status, she is eligible for care at military medical facilities and other benefits, but will not receive pay.

GoFundMe page set up by her supporters said she was headed home to Maryland, where she has family. As of Wednesday afternoon, the page had raised more than $156,000 to help with her living expenses.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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White Man Who Traveled to New York To Kill Black Men Charged with Hate Crime https://legacy.lawstreetmedia.com/blogs/crime/new-york-hate-crime/ https://legacy.lawstreetmedia.com/blogs/crime/new-york-hate-crime/#respond Sun, 26 Mar 2017 18:56:21 +0000 https://lawstreetmedia.com/?p=59797

James Jackson killed Timothy Caughman last week.

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"new york city :: skyline" courtesy of hjjanisch; license: (CC BY-ND 2.0)

Late Monday night, 28-year-old white Army veteran James Jackson from Baltimore reportedly stabbed black New Yorker Timothy Caughman, 66, to death with a sword. Jackson later told police that he has hated black men his whole life, and that he traveled to New York to kill black men. Jackson turned himself in on Wednesday morning just after midnight. The group behind the Women’s March called for people to join a march against hate crimes in honor of Caughman on Friday afternoon.

Jackson, like Dylann Roof, had written down his thoughts and beliefs about race and told police that he planned to deliver them to the New York Times. He took the bus to New York, aiming to get a lot of news coverage. According to his manifesto, he planned to kill multiple people.

Jackson was arraigned in Supreme Court in Manhattan on Thursday, charged with second-degree murder as a hate crime. But the prosecutor, Joan Illuzzi, said that additional charges may be forthcoming, such as first degree murder as “this is an act, most likely, of terrorism.” A police officer who spoke on the condition of anonymity told the New York Times that Jackson said that he had hated black people his whole life, since he was a child. Apparently he was particularly upset by black men who are in relationships with white women.

This act by someone who appears to be a white supremacist–although there are no confirmed ties between Jackson and any groups or organizations, he was obviously fueled by racial hate–has caused outrage. Many people are wondering why many politicians are not doing more about this type of homegrown terrorism, let alone acknowledging it.

There is also a notable difference in how the media covers murders of people of color compared to white people. New York Daily News writer Shaun King lashed out at his own colleagues on Friday, criticizing them for focusing on Caughman’s criminal history; he was arrested a couple of times for petty crimes, most recently 15 years ago. As King points out, a criminal record is irrelevant to murder. But the media appears to be more likely to focus on criminal history when writing about a black man who was killed than, for example, when covering the deaths of white people who tragically died in the London terror attack.

Caughman was a well-liked, quiet man from Queens, who used to run a federal anti-poverty program for youths. He had many different jobs during his lifetime and at the time of his death he lived in a room in a building for formerly homeless people transitioning to permanent housing. Caughman also read a lot and loved getting autographs from celebrities and keeping up with celebrity news. Actress Shari Headley used to communicate with him on Twitter, and she expressed her condolences on the social media site.

New York Mayor Bill de Blasio spoke out against the crime on Friday, calling it “domestic, racist terrorism,” and comparing it to Dylann Roof’s killings in Charleston. He said that the election of Donald Trump has “unleashed forces of hate all over the country” and that attackers of this kind need to be punished harshly. But Trump, who quickly expressed condolences for the American tourist who was killed in the London attack, has yet to say anything about his fellow New Yorker.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Nearly Four Decades Later, Etan Patz’s Killer is Convicted of Murder https://legacy.lawstreetmedia.com/blogs/law/etan-patz/ https://legacy.lawstreetmedia.com/blogs/law/etan-patz/#respond Tue, 14 Feb 2017 22:11:54 +0000 https://lawstreetmedia.com/?p=58910

Pedro Hernandez kidnapped and killed Patz in May 1979.

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"Manhattan" Courtesy of Marcela; License: (CC BY 2.0)

On the morning of May 25, 1979, a six-year-old boy walked, without adult supervision for the first time, to his school bus stop in New York City’s SoHo neighborhood. Etan Patz never came home that day. In fact, he never made it to school–and his body has never been found. But on Tuesday, 38 years later, the case that shocked the country came to a close: a jury convicted Pedro Hernandez on one count of second-degree murder, and one count of first-degree kidnapping. He will be sentenced on February 28.

“The Patz family has waited a long time, but we’ve finally found some measure of justice for our wonderful little boy, Etan,” Stanley Patz, Etan’s father, said after the verdict was read. “I’m really grateful that this jury finally came back with which I have known for a long time — that this man, Pedro Hernandez, is guilty of doing something really terrible so many years ago.”

The conviction ends one of the longest-standing child murder cases in U.S. history, and Patz was one of the first missing children to end up on the side of a milk carton. Hernandez, 56, first became a suspect in 2012, when his brother-in-law told police that Hernandez, decades earlier, said he had “done a bad thing and killed a child in New York.”

Hernandez confessed, and police charged him with second-degree murder. In his account, he said he baited Etan Patz with a soda to the basement of a bodega he worked in at the time, which was near the school bus stop. There he choked the child and stuffed him in a bag, which he left at a curb a few blocks away.

But Hernandez’s first trial in 2015 resulted in a hung jury. One juror, Adam Sirois, believed Hernandez was mentally deranged, and his admission did not make sense. “For me, the whole case kind of hinges on mental health, which factors into what I think are the false confessions — or at least the likelihood of false confessions being made by him,” he said at the time.

The defense called on doctors and psychiatrists to testify about Hernandez’s mental condition, and how his admission could have been a fictional account. His daughter described her father’s strange visions. But the prosecutors said his mental incapacities were exaggerated, and perhaps even fake. In the decades following Patz’s disappearance, Hernandez lived in New Jersey with his wife and daughter, with seemingly no run-ins with the law.

In his closing arguments a few weeks ago, Harvey Fishbein, Hernandez’s lawyer, said his client is “an odd, limited, and vulnerable man,” and added that “Pedro Hernandez is an innocent man.” But according to the jury that is, without a reasonable doubt, incorrect. Which for Stanley Patz, was a long overdue sigh of relief. “I am truly relieved, and I’ll tell you, it’s about time,” he said. “It’s about time.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Tulsa Officer Charged With Manslaughter in Terence Crutcher’s Death https://legacy.lawstreetmedia.com/news/officer-manslaughter-terence-crutcher/ https://legacy.lawstreetmedia.com/news/officer-manslaughter-terence-crutcher/#respond Fri, 23 Sep 2016 16:50:11 +0000 http://lawstreetmedia.com/?p=55711

Officer Betty Shelby has been released on a bond pending prosecution.

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"Courtroom" courtesy of [Karen Neoh via Flickr]

Betty Shelby, the police officer who shot Terence Crutcher on a highway in Tulsa, Oklahoma last week, was formally charged with manslaughter. Tulsa County District Attorney Steve Kunzweiler announced on Thursday that he had charged officer Shelby with first-degree manslaughter, which would amount to a minimum of four years in prison if convicted.

In a brief statement about the charges, Kunzweiler said, “The tragic circumstances surrounding the death of Mr. Crutcher are on the hearts and minds of many people in this community.” Shelby was booked at the local county jail early Friday morning before being released on a $50,000 bond. Crutcher’s family members said that they approved of the charges and hope that Shelby’s prosecution will lead to a conviction.

Crutcher’s twin sister, Tiffany, said after the announcement, “This is a small victory. The chain breaks here. We’re going to break the chains of police brutality.”

Crutcher’s car broke down on the interstate last Friday and a woman called 911 reporting that a man was running away from the vehicle as if it was about to blow up. Betty Shelby, who was responding to another 911 call about domestic abuse, came across Crutcher and his car. She got out and started asking Crutcher what was wrong, but he reportedly ignored her questions and kept mumbling to himself. As the interaction unfolded, backup arrived at the scene and Crutcher was later shot and killed.

The court documents claim that Shelby shot Crutcher “unlawfully and unnecessarily.” The filing argues that she became emotionally involved and overreacted to the situation. Shelby’s attorney Scott Wood said that Crutcher was acting erratically, which led Shelby, who Wood said is a drug recognition expert, to believe he was on drugs. She claims to have feared for her life before she fired the shot, and said that Crutcher kept patting his pockets and she couldn’t tell if he had a gun. Crutcher was unarmed and there was no weapon in the car.

A video of the incident shows Crutcher with his hands raised in the air shortly before he was shot. Shelby apparently ordered him to go back to his car and another officer tasered him as he approached the driver-side door. Shelby then shot Crutcher shortly after he fell to the ground.

Police say that Crutcher was reaching into the window before he was shot, but the attorney for the Crutcher family, Benjamin Crump, later said, “The window was up, so how can he be reaching into the car if the window is up and there’s blood on the glass?”

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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How did a D.C. Metro Cop Become First U.S. Officer to Face ISIS Charges? https://legacy.lawstreetmedia.com/blogs/crime/metro-cop-isis-support/ https://legacy.lawstreetmedia.com/blogs/crime/metro-cop-isis-support/#respond Wed, 03 Aug 2016 21:08:52 +0000 http://lawstreetmedia.com/?p=54611

Is Metro Safe?

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Image Courtesy of [Michael Hicks via Flickr]

The Department of Justice announced Wednesday that a D.C. Metro Transit Police Department (MTPD) officer has been arrested on suspicion of supporting the terror network ISIS. This is the first case of a U.S. law enforcement officer facing terrorism charges. Here’s what we know:

Who Is He?

The officer’s name is Nicholas Young, and he is a 36-year-old man from Fairfax, Virginia. Young has been a MTPD officer since 2003, and has been under surveillance for suspected ties to terrorism for six years.

What Did He Do?

Young is accused of allegedly purchasing nearly $250 worth of gift cards that were intended for ISIS in order to purchase mobile messaging accounts to recruit others to join the terrorist organization.

He is also accused of making vague threats to kill FBI agents and informants or bring guns into federal court, according to a criminal complaint obtained by the Washington Post. The paper writes, “Young allegedly threatened to kidnap and torture an agent who interviewed him, and leave the head of anyone who betrayed him in a cinder block at the bottom of a Virginia lake.”

How Long Has He Been on the FBI’s Radar?

According to the DOJ’s statements, Young has been on the FBI’s radar since 2010. Here is a rough timeline of his encounters with the FBI:

  • In 2010, Young was interviewed by law enforcement about his relationship with Zachary Chesser, who later pled guilty to supporting a foreign terrorist organization and making threats against the creators of “South Park” for writing an episode about Islam he disliked.
  • In 2011, Young traveled to Libya one time and attempted to travel a second time. He also had several meetings with an undercover law enforcement officer, many of which were with Amine El Khalifi, who later pled guilty to planning to conduct a suicide bombing at the U.S. Capitol Building in 2012.
  • In 2014, Young met approximately 20 times with an FBI informant, who he advised how to travel overseas to join the Islamic State and evade detection.
  • In 2016, he contacted the same FBI informant about purchasing the gift cards for ISIS.

Is Metro Safe?

According to authorities, there was never any credible or specific threat to the Metro system. MTPD officials initiated this investigation and have been working closely with the FBI throughout the case. Metro Transit Police Chief Ron Pavlik said in a statement.

This investigation began with concerns that were reported by the Metro Transit Police Department, and it reinforces that, as citizens, we all have a duty to report suspicious activity whenever and wherever it occurs.

Young was terminated from the MTPD Wednesday morning after his arrest.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Bill Cosby Charged With Felony Sexual Assault Over 2004 Case https://legacy.lawstreetmedia.com/news/bill-cosby-charged-felony-sexual-assault-2004-case/ https://legacy.lawstreetmedia.com/news/bill-cosby-charged-felony-sexual-assault-2004-case/#respond Thu, 31 Dec 2015 15:16:40 +0000 http://lawstreetmedia.com/?p=49829

It's about time.

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Image Courtesy of [Rakka via Flcikr]

2015 really wasn’t Bill Cosby’s year.

Almost overnight the once-beloved television father became widely known as a sexual predator, who unbeknownst to most of America spent the better part of five decades drugging and sexually assaulting young women who once viewed him as their idol. Now after months of highly-publicized exposes, harrowing accounts from over 50 women, and half a dozen civil lawsuits, Cosby is finally facing felony criminal charges for the only assault that’s still capable of putting the disgraced comedian behind bars.

In a press conference Wednesday, Montgomery County, Pennsylvania prosecutor Kevin Steele announced a single charge of aggravated indecent assault against Cosby, stemming from the 2004 assault of a former Temple University employee. The victim, Andrea Constand, claims Cosby drugged and assaulted her in his Elkins Park mansion. The announcement was a relief for many who anxiously watched the approach of the January 16 deadline, that would have marked the end of the 12-year-statute of limitations for trying the case.

Constand worked at the University as an operations manager for the women’s basketball team when she caught Cosby’s eye. Cosby reportedly said he wanted her the minute he saw her. After becoming her mentor and friend, Cosby repeatedly made sexual advances toward her that were not reciprocated. So one night Cosby allegedly called her over to his home to discuss “her career plans” and offered her some pills to help her relax. Within 30 minutes Constand told police she’d loss the feeling in her legs, and Cosby was fondling her breasts and putting his hands down her pants.

After she reported the assault to police, the case quickly became a game of “he said/she said” for investigators. However, some newly unsealed court documents revealed new evidence pertinent to the case, and prosecutors had what they needed to reopen the case.

Cosby has never been convicted of sexual assault, despite the dozens of eerily similar claims from women who say he gave them quaaludes and then forced himself on them. Many of the women waited too long to press charges, not knowing that their years of silence wasted precious time that they could have used before the statutes of limitations ticked away.

To this day Cosby denies any wrongdoing, and has accused his accusers of defamation.

Cosby will not return to court until January 14, but is currently out on a $1 million bail. If convicted he could face up to ten years in jail and a $25,000 fine. Even if found not guilty, Cosby’s reputation and career are beyond repair, and the civil lawsuits still pending against him could end up stripping the former star of his fortune.

Without a doubt the upcoming legal proceedings will likely be the most highly anticipated cases of the new year.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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