Indictment – 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 Texas Deputy and Husband Indicted in Denny’s Chokehold Death https://legacy.lawstreetmedia.com/blogs/crime/texas-deputy-husband-indicted-dennys-chokehold-death/ https://legacy.lawstreetmedia.com/blogs/crime/texas-deputy-husband-indicted-dennys-chokehold-death/#respond Mon, 12 Jun 2017 18:09:52 +0000 https://lawstreetmedia.com/?p=61320

The deadly confrontation was captured by witnesses on cellphone video.

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"Denny's" courtesy of Mike Mozart; license: (CC BY 2.0)

A Texas sheriff’s deputy and her husband have been indicted on murder charges after choking a man to death outside of a Denny’s restaurant in the Houston area last month.

John Hernandez was confronted by the couple just after 11 p.m. on May 28 for urinating outside of a Denny’s restaurant in Northeast Harris County after a dinner with his family.

Terry Thompson, 41, put Hernandez in a chokehold and pushed him to the ground. His 45-year-old wife, Chauna Thompson, an off-duty Harris County sheriff’s deputy, helped pin him down.

When the couple noticed Hernandez wasn’t breathing, they finally let go and he was rushed to the hospital–but it was too late. The 24-year-old father of one was put on life support and died the following week.

The choking took place in front of Hernandez’s shocked wife and young daughter, who reportedly was screaming, “Quit hitting my daddy.”

On Thursday, the Thompsons were indicted on murder charges and they face life in prison if convicted. The charges came a day after protesters held a rally and a march in support of Hernandez’s family to demand justice. One group organized a sit-in at the sheriff’s office.

Tensions were high the entire week leading up to the indictments after a cellphone video of the altercation was circulated on social media.

According to Terry Thompson’s lawyer, Scott Courtney, the indictment was rushed due to public pressure. Courtney said Hernandez attacked Thompson first, and that the chokehold was self-defense.

“It’s disappointing that citizens can simply march on the courthouse and demand somebody be indicted for murder,” he said.

But District Attorney Kim Ogg didn’t buy it. In a statement, she said:

We grieve with the Hernandez family. We believe that this grand jury true-bill is a reflection of our community’s belief that a crime occurred and that crime was murder–and that it was participated in by Terry Thompson and his wife, Deputy Chauna Thompson.

Randall Kallinen, an attorney for the Hernandez family, said Hernandez’s wife was put in a police car for four hours after the incident, as if she were a suspect. She also had her cellphone taken away by deputies at the scene.

Melissa Trammell, a Denny’s employee testified that she had witnessed the incident. “The man was turning purple,”said Trammell. “We begged him to get off the man and he wouldn’t.”

Trammell testified that she tried to reason with Thompson, but instead he looked her in the face and said, “I’m not getting off him.”

Chauna Thompson and her husband were both offered the opportunity to testify, but declined.

Even with the indictments, the Hernandez family worries that the Thompsons may receive a more lenient treatment because of the wife’s position. Prosecutors, however, say they will show no favoritism in the case and will “let the chips fall as they may with the grand jury.”

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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Indictment of Pro-Life Extremists a Positive Step Forward https://legacy.lawstreetmedia.com/blogs/law/indictment-pro-life-extremists-positive-step-forward/ https://legacy.lawstreetmedia.com/blogs/law/indictment-pro-life-extremists-positive-step-forward/#respond Wed, 27 Jan 2016 15:49:09 +0000 http://lawstreetmedia.com/?p=50297

A little bit of justice.

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In a promising turn of events, the investigation into Planned Parenthood of the Gulf Coast ended with an indictment, but not of the organization.

A grand jury in Houston, Texas, handed down an indictment of the two Center for Medical Progress (CMP) employees who slandered Planned Parenthood through doctored videos earlier this year. David Daleiden, the director of the Center for Medical Progress, and CMP employee Sandra Merritt were indicted on charges of tampering with a governmental record and a misdemeanor charge in relation to purchasing human organs.

applause standing ovation

The news was quick to incite reactions, both from pro-lifers outraged that justice had been served:

And by pro-choice advocates standing behind Planned Parenthood and this major step forward in women’s healthcare rights:

Cecile Richards, the director of Planned Parenthood, pointed out that states investigating her organization have failed to find any illegal activity.

But what does this indictment mean for the future of Planned Parenthood, and for women’s rights on a broader scale? The damage done by those videos is irreparable, and pro-life politicians are still attempting to defund the organization despite all the evidence against their arguments.

What this means is that, at least from a legal standpoint, the battle for reproductive rights will continue to be won. Planned Parenthood, it comes as no surprise, is not guilty of anything except providing affordable healthcare. The organization is more than abortions.

But what about politics? Fear-mongering and emotional appeals are strong campaign tactics, as we have seen from the GOP candidates and by the fact that a bill to defund Planned Parenthood made it all the way to Obama’s desk. The blatant facts seem to have little effect on politicians who let emotion and religion guide their decisions.

What pro-life advocates and politicians need to understand is that Planned Parenthood does not exist for abortions alone, and pro-choice does not mean pro-abortion. Just because the government funds a clinic that offers abortion as a service, does not mean it endorses abortion itself. Pro-choice literally means pro-each woman should make her own decision about her own body. And while conservative state governments will continue to attempt things like “All Lives Matter” acts to kick reproductive rights back a century, at least this indictment shows there really is no basis for such legislation.

Morgan McMurray
Morgan McMurray is an editor and gender equality blogger based in Seattle, Washington. A 2013 graduate of Iowa State University, she has a Bachelor of Arts in English, Journalism, and International Studies. She spends her free time writing, reading, teaching dance classes, and binge-watching Netflix. Contact Morgan at staff@LawStreetMedia.com.

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Grand Jury Declines Criminal Charges for Officers in Tamir Rice Shooting https://legacy.lawstreetmedia.com/blogs/culture-blog/grand-jury-declines-criminal-charges-officers-tamir-rice-shooting/ https://legacy.lawstreetmedia.com/blogs/culture-blog/grand-jury-declines-criminal-charges-officers-tamir-rice-shooting/#respond Mon, 28 Dec 2015 22:01:26 +0000 http://lawstreetmedia.com/?p=49782

#BlackLivesMatter.

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After more than a year of investigating, a grand jury in Cleveland, Ohio, declined Wednesday to charge two officers who shot and killed 12-year-old Tamir Rice on November 22, 2014.

Rice was killed outside of a recreational center after officers Timothy Loehmann and Frank Garmback mistook his toy pellet gun for a real weapon.

In an afternoon press conference announcing the verdict, Cuyahoga County Prosecutor Timothy McGinty called the shooting a “perfect storm of human error.” McGinty credited a recent enhancement of the surveillance video of the shooting with the jury’s decision, claiming the close up was “indisputable evidence” that Tamir was drawing the toy gun from his waistband as officer Loman exited the police car.

The initial surveillance footage showing officer Loman shooting Rice just seconds after arriving on scene became a major rallying point for the #BlackLivesMatter movement. Further investigation into the 911 call also revealed that the caller told the dispatcher that the gun was “probably fake” and held by a “juvenile.”

Both the verdict and McGiny’s explantation of the ruling offended many users on social media who were seeking justice for the slain child. Under the trending hashtag #TamirRice thousands of people began publicly voicing their disapproval.

It’s easy to see where their outrage comes from, when an institutional bias toward black men makes them statistically more likely to be killed by police.

Research has shown that police shootings are disproportionately skewed towards young black males. Movements like #BlackLivesMatter have helped to educate the public on this disgustingly inhumane trend, but still each month more black men are killed by those sworn to serve and protect them.

Accidents do happen, but making these officers accountable for their actions is a necessary step in fixing the problem.

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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Grand Jury Declines to Indict Prison Staff for Death of Sandra Bland https://legacy.lawstreetmedia.com/blogs/law/grand-jury-declines-to-indict-prison-staff-for-death-of-sandra-bland/ https://legacy.lawstreetmedia.com/blogs/law/grand-jury-declines-to-indict-prison-staff-for-death-of-sandra-bland/#respond Tue, 22 Dec 2015 19:06:35 +0000 http://lawstreetmedia.com/?p=49703

This doesn't look promising.

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In a move that surprised probably no one, but saddened many, a Texas grand jury declined to indict any of the jail staff for the death of Sandra Bland. Bland, 28, was found dead in her cell at the Waller County Jail after being arrested during a routine traffic stop. While her death was ruled a suicide, the entire nature of the situation–the seemingly excessive force used during the stop, and the mysterious circumstances surrounding her untimely death–raised suspicions and criticisms. The grand jury will be meeting again to determine charges against others, including Officer Brian Encinia who originally pulled Bland over and arrested her, but many are pessimistic that charges will not be filed against him either.

Sandra Bland is another entry on a horrifyingly long list of Black Americans who have died at the hands of police officers or in police custody; the police officers or other officials involved in their deaths have overwhelmingly not been charged with any wrongdoing. Bland’s family has called the grand jury procedure that ended in no indictments a “sham,” and the family is moving forward with a wrongful death suit against state and local authorities.

It’s surprising, in a legal sense at the very least, that the grand jury didn’t find any wrongdoing on the part of the jail staff. The forms filled out when she was brought to jail do indicate that she was depressed and had exhibited suicidal tendencies in the past–that should have led to jail officials keeping a closer eye on her, per procedures from the Texas Commission on Jail Standards.

But there are multiple other instances throughout Bland’s case where strong arguments can be made that the law was broken–beginning with the traffic stop that landed her in jail in the first place. What happened during that stop isn’t so much at issue; video from Encinia’s dash cam as well as a bystander video has long been available to the public. The stop itself was seemingly legal–although there are certainly very convincing concerns about whether or not she would have been stopped in the first place had she been white–but Encinia’s actions after that point are questionable.

The stop quickly escalated into an argument over Bland’s cigarette that ended with Encinia pulling Bland out of the car and arresting her–yet that flies in the face of a recent Supreme Court ruling that states that routine traffic stops can’t be extended unless there’s evidence that the driver has committed another crime, or there’s a safety issue in play. So, the question of whether or not the altercation that led to her arrest stemmed from a legal action on her part will be one that the grand jury has to weigh in its probing of Encinia’s actions.

So, questions about Sandra Bland’s treatment certainly aren’t over, but the fear that Encinia won’t face any charges seems warranted. As Cannon Lambert, one of the attorneys representing the Bland family, stated “if he [officer Encinia] was going to charged, you’d think he’d be charged already. The evidence that they need is flat out on the videotape.”

 

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Rick Perry’s Hands Are Full https://legacy.lawstreetmedia.com/elections/rick-perrys-hands-full/ https://legacy.lawstreetmedia.com/elections/rick-perrys-hands-full/#respond Fri, 05 Jun 2015 19:51:35 +0000 http://lawstreetmedia.wpengine.com/?p=42560

Between an indictment and a presidential bid, his hands are full.

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On Thursday June 5, Rick Perry announced his plans to run for the Republican presidential bid in 2016. Despite his blunder in a Republican presidential debate almost four years ago, Perry decided that reforming his image and enhancing his stage presence will give him a good shot at running for president this time around. But considering Perry’s low support among Texans and his indictment regarding his alleged abuse of power as governor, Perry might not be able to rally any support for his bid.

So far, Perry has focused his presidential bid on his experience as a governor who stimulated Texas’s economy and on his military experience. His primary tactic is to distinguish himself from the other Republican candidates by being the face of leadership and experience. He’s also emphasized his humble background by relaying his childhood upbringing on a cotton farm. But this technique has not quite corrected his previous blunder, nor is it garnering the same support that he had the first time around.

Perry has already lost crucial support in Texas and many Texans don’t even support him; in a recent poll he barely polled at 2 percent compared to Scott Walker at 18 percent and Marco Rubio at 13 percent. Many Republican and Tea Party members have flocked to Ted Cruz instead of Perry.

The last piece of the puzzle that is seriously damaging Perry’s chances of winning the Republican bid for the presidency is the indictment that accuses Perry of abusing his power as governor when he was in office. Perry allegedly threatened Travis County District Attorney Rosemary Lehmberg to resign after she had pleaded guilty to drunk driving and served a 45-day sentence. She refused and Perry vetoed the funding to her office’s Public Integrity Unit, which focused on anti-corruption measures. As a result of the indictment, Perry faces the possibility of 109 years in prison. Perry’s defense appeals to the rule of the law, as he stated:

I stood up for the rule of the law in Texas, and if I had to do it again, I would make exactly the same decision.

However, the original complaint was actually filed before Perry vetoed the funding for the Public Integrity Unit. The team who filed the complaint found four other allegations that could point to felonies. The claim for the complaint is focused more on Perry threatening another official and actually has little to do with his vetoes. All of these accusations could spell problems for Perry on the campaign trail.

Perry seems to be taking on a lot as he runs for the Republican presidential bid. The fact that he is accused of abusing his power as governor should put a lot of doubt in voters’ minds. And even though his presidential campaign has focused on important issues so far, such as increasing jobs, Perry has not been successful in gaining support in Texas. Some could say it’s admirable that he is trying to run for the presidency again, but he should be more focused on his abuse of power charges, which may end up determining his presidential campaign before it even really begins.

Sarina Neote
Sarina Neote is a member of the American University Class of 2017. Contact Sarina at staff@LawStreetMedia.com.

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Former Speaker Dennis Hastert Indicted Over These Mysterious Payments https://legacy.lawstreetmedia.com/news/hush-money-may-cost-ex-house-speaker-dennis-hastert-freedom/ https://legacy.lawstreetmedia.com/news/hush-money-may-cost-ex-house-speaker-dennis-hastert-freedom/#respond Sat, 30 May 2015 16:53:15 +0000 http://lawstreetmedia.wpengine.com/?p=41884

Who was Hastert paying such large sums of money, and why?

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Image Courtesy of [Doug Bowman via Flickr]

A mysterious “past misconduct” forces one powerful politician down a dark road to keep his secret hidden with an illegal cover up costing millions. It sounds like the kind of synopsis you’d find on the back of a thrilling conspiracy novel, but it actually summarizes the contents of a federal grand jury’s seven page indictment served to former Republican House Speaker Dennis Hastert on Thursday .

According to the Washington Post, Hastert, 73, is charged with scheming to conceal $950,000 in withdrawals from various accounts, which violates federal banking laws requiring the disclosure of any large cash transactions. These withdrawals were part of the reported $1.7 million in cash paid by Hastert over five years to an undisclosed person referred to only as “Individual A,” whom he’d wronged in the past. Sources are now claiming that he’d committed sexual misconduct against the individual.

In 2010, Hastert met with Individual A and was confronted with his “past misconduct,” which he allegedly agreed to pay $3.5 million in order to conceal. At one point he was reportedly paying $100,000 every three months to this person, according to the indictment.

The indictment did made a point to mention Hastert’s 26 year stint as a high school teacher and coach in Yorkville, Illinois, that this individual has been a resident of Yorkville, and has known Hastert for most of their life.

Hastert was a well regarded politician and tobacco and energy lobbyist who is best known for being the longest running Republican speaker in the history of the U.S. House, but in 2013 the FBI and the Internal Revenue Service began investigating him for “possible structuring of currency transactions to avoid the reporting requirements.”

According to the Post,

In addition to the banking charges, Hastert faces a count for making ‘false, fictitious and fraudulent statements’ to federal investigators during an interview last December in which he was questioned about the many cash withdrawals for less than $10,000, just under the amounts that would have triggered disclosure requirements.

When asked about these withdrawals Hastert told investigators he made them “because he did not feel safe with the banking system,” saying,

Yeah…I kept the cash. That’s what I’m doing.

We’ll have to wait for the arraignment to see how he will plea, but the U.S. Attorney Office in Chicago said that if convicted  on both counts he could face a maximum penalty of 10 years in prison and a $500,000 fine.

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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Man Who Landed Gyrocopter Near Capitol Building Indicted https://legacy.lawstreetmedia.com/news/man-landed-gyrocopter-near-capitol-building-indicted/ https://legacy.lawstreetmedia.com/news/man-landed-gyrocopter-near-capitol-building-indicted/#respond Fri, 22 May 2015 20:44:40 +0000 http://lawstreetmedia.wpengine.com/?p=40284

The man who landed a gyrocopter on the U.S. Capitol lawn was indicted on six charges.

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I’ve lived in Washington, DC for almost five years, and I’ve gotten used to pretty much any kind of disruption to my day because of security concerns. Whether it’s having to walk all the way around the White House complex due to it being shut down for security reasons, or not being able to cross the street because President Obama’s motorcade is coming through, minor interruptions to my day have become the norm. But last month, a man took even the most jaded DC residents, and the country, by surprise when he landed a gyrocopter in front of the U.S. Capitol Building. That man, Doug Hughes, was just indicted on six counts as a result of his misadventures, and could face a sentence of more than nine years in prison if found guilty.

Hughes is 61 and works as a mailman in Ruskin, Florida. He drove the gyrocopter up to Gettysburg, Pennsylvania, then flew it to DC and landed it on the Capitol lawn. Hughes was completely aware that what he was doing was against the law; in fact, breaking the law was sort of the point, as it would allow him to attract attention and publicity for his cause. He was trying to deliver 535 letters (one for each member of Congress) to the Capitol building, protesting the power that big money plays in Washington politics. Hughes’ contraption looked like this:

The charges against Hughes include two felonies and four misdemeanors. One issue is that he didn’t have any sort of license to operate his “aircraft”–the felony charges are to that effect. The misdemeanor charges include three counts of violating national defense airspace, and for mislabeling his gyrocopter as a mail-delivery vehicle. Regardless of the jail time that Hughes is probably going to serve, he’s received quite a bit of attention for his message as a result of the stunt. When he came back to DC for his hearing, he was met by plenty of supporters. He appeared in the E. Barrett Prettyman Courthouse just a few blocks away from where he landed his gyrocopter this Spring, and pleaded not guilty to the charges. He doesn’t contest that he flew the gyrocopter onto the Capitol lawn, just that he caused no damage when he did so.

He also pledged to continue his fight against the influence of money in politics, and to continue to educate voters. Hughes stated:

Over time, the Congress, our Congress, has rewritten the rules to define an open marriage: They’re in bed with lobbyists, special interests, Wall Street and big banks. We are not asking, we are demanding that our government honor the vows of fidelity implicit in the Constitution…As long as I am free, I am going to keep introducing voters to solutions to the problems of corruption that the vast majority of voters recognize and oppose.

While Hughes certainly seems passionate about his cause, and did receive attention for the gyrocopter stunt, violating multiple laws really isn’t a great way to make a compelling argument for a cause, no matter how worthy the it is. Unfortunately for Hughes his actions, and the legal issues he’s going to have moving forward, probably won’t do much to advance his cause in the end.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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The Rick Perry Indictment is a Joke https://legacy.lawstreetmedia.com/blogs/rick-perry-indictment-joke/ https://legacy.lawstreetmedia.com/blogs/rick-perry-indictment-joke/#comments Wed, 20 Aug 2014 15:55:06 +0000 http://lawstreetmedia.wpengine.com/?p=23147

I was flabbergasted the moment I read that Governor Rick Perry is being indicted.

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Hey y’all!

As most of you know, I hail from the great state of Texas! I wasn’t born here but my parents made sure I got here as fast as possible. I’ve been here long enough to experience both governors George W. Bush and Rick Perry, two men I have a great amount of respect for.

I was flabbergasted the moment I read that Governor Rick Perry is being indicted for alleged abuse of power in a veto dispute. First, I must have been hiding under a rock for a few weeks because I had no idea that they were even considering indicting Governor Perry. But let’s be really honest, someone is always trying to sue or indict a lawmaker, even the President. We do live in a world of frivolous lawsuits so I really shouldn’t be surprised.

Let’s jump in to the most ridiculous of the ridiculous: The person who made the decision to convene a grand jury to indict Governor Perry is Travis County District Attorney Rosemary Lehmberg. The same woman who was arrested for drunk driving. No one is above the law, but she clearly thought she was. The cops even had to put a spit guard on her and strap her to a chair. What does that say about her decisionmaking skills? I find her almost as laughable as the crack-smoking Toronto Mayor.

To make things even worse, after Lehmberg plead guilty to drunk driving, she refused to leave her position as District Attorney. How shocking, one poor choice on top of another. It puts the whole Perry indictment into question. Actually, for me it makes me question her whole career. Forget her political affiliation, consider the decisions she has made and think, how that one decision ruined her life, and think about how many other decisions that she has made that have had the same impact on others. You have to question her ability to reason — or at least I do.

An indictment would kill a presidential bid for most political careers of this magnitude, but it seems to be making Perry’s stronger. So many people have come out in support of him it is like a blessing of endorsements for the future run.

Part of what Perry is being indicted for is “misusing government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment.” Perry threatened to veto funding for the state’s public integrity unit last summer. This veto threat is more specifically about $7.5 million in funding for the state’s public integrity unit, the ethics watchdog unit housed under Travis County District Attorney Rosemary Lehmberg’s office.

I think that this whole thing is a game of cat and mouse. It also seems to me that today’s government officials are more stubborn and selfish than ever. What about that is good for the people? Rosemary Lehmberg is a joke and has turned the Travis County District Office into a joke as well. Governor Perry may not be perfect but at least he knows how to conduct himself in a manner that doesn’t lead to a spit mask, being arrested, putting people’s lives at risk, and being strapped to a chair.

Fellow Law Streeter Anneliese Mahoney wrote a really great piece about the Rick Perry indictment with a bit different point of view that you should check out!

 

Allison Dawson
Allison Dawson was born in Germany and raised in Mississippi and Texas. A graduate of Texas Tech University and Arizona State University, she’s currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative. Get in touch with Allison at staff@LawStreetMedia.com.

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