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Man accused of handing pot to court security
Criminal Law Updates |
2008/05/14 12:07
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A man was arrested after pulling marijuana from his pocket at a security check at a court. The man was visiting the courts section of the Bradley County Justice Center on Monday when he was asked to empty his pockets into a plastic bowl, a standard procedure. Sheriff Tim Gobble said the items he placed in the bowl included marijuana and rolling papers. When questioned, the man ran from the building, but officers captured him within minutes. The man faces charges of having contraband in a penal institution and evading arrest. |
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Boyfriend pleads not guilty in toilet-seat case
Criminal Law Updates |
2008/05/08 11:02
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The western Kansas man whose girlfriend became stuck to a toilet during a two-year stay in their bathroom appeared in court Wednesday in separate cases. Ness County prosecutors said Kory McFarren pleaded not guilty Wednesday to a misdemeanor charge of mistreatment of a dependent adult. The charge stemmed from police in February discovering McFarren’s girlfriend, Pam Babcock, physically stuck to the toilet. McFarren said Babcock had refused to come out of the bathroom for two years. Medical personnel estimated she spent at least a month on the toilet. Babcock remains in a Wichita hospital. McFarren’s pretrial hearing is June 13. McFarren also had his first appearance on a felony charge of lewd and lascivious behavior. He was arrested in March for allegedly exposing himself to a neighbor who was a minor. |
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Smithtown developer pleads guilty in bribery case
Criminal Law Updates |
2008/04/29 11:54
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A Smithtown developer pleaded guilty to a felony bribery charge yesterday - the second person to admit guilt and agree to cooperate in a widening building department corruption probe that has rocked town government.
Robert Fitzpatrick, 55, of Bayport, pleaded guilty to third-degree bribery before Suffolk County Court Judge Martin Efman. He was released on his own recognizance until his sentencing on July 14.
As part of a plea deal, Fitzpatrick faces a reduced maximum sentence of 1 to 3 years in prison, or as little as no jail time at all.
Prosecutor Kevin Ward said Fitzpatrick admitted to offering a $5,000 bribe to then-chief building inspector Robert Bonerba in March 2003 in connection with a house being built by Smithtown developer Frank Esposito.
Ward said Fitzpatrick lied on building permits for the developer's house to save money on permit fees and avoid a higher tax liability.
Rocking back and forth in brown loafers and with his hands folded neatly in front of his blue sport coat, Fitzpatrick said only "Yes" and "No" before the judge during the plea. |
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Smithtown contractor admits to bribe
Criminal Law Updates |
2008/04/28 17:08
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A Smithtown contractor pleaded guilty to a felony bribery charge on Monday -- the second person to admit guilt and agree to cooperate in a widening buildings department corruption probe that has rocked town government.
Robert Fitzpatrick, 55, of Bayport, pleaded guilty to third-degree bribery before Suffolk County Court Judge Martin Efman. He was released on his own recognizance pending sentencing on July 14.
As part of a plea deal, Fitzpatrick faces a maximum of 1 to 3 years in prison, or as little as no jail time at all.
Prosecutor Kevin Ward said Fitzpatrick admitted to offering a $5,000 bribe to then-chief buildings inspector Robert Bonerba in March 2003 in connection with a house Ward was building for Smithtown developer Frank Esposito.
Ward said Fitzpatrick lied on building permits for the developer's house to save money on permit fees and avoid a higher tax liability.
Rocking back and forth in brown loafers and with his hands folded neatly in front of his blue sport coat, Fitzpatrick said only "yes" and "no" before the judge.
Earlier this month, Esposito, of Nissequogue, pleaded guilty to giving Bonerba a $10,000 bribe. Ward said in court Monday that Fitzpatrick and Esposito evenly contributed $5,000 toward the bribe. Bonerba has not been charged in the case.
Also as part of his plea deal, Fitzpatrick agreed to pay the town $50,000 -- money prosecutors say he gained illegally in the project.
Fitzpatrick now joins Esposito in helping prosecutors understand the depth of town corruption.
"The defendant has entered into a cooperation agreement with the district attorney's office," Ward said in court.
Outside the courtroom, Ward said only, "We are going to follow the evidence wherever it leads us. This investigation is active and ongoing. It encompasses both the town building's department and the rest of town government."
Suffolk County District Attorney Thomas Spota has been investigating the buildings department for two years.
Asked by reporters about his cooperation, Fitzpatrick, said only "Not at this time." His attorney, Fred Schwartz, of Smithtown, also declined to comment.
Bonerba was suspended by the town in December 2006 for failing to properly fill out his financial disclosure statements. Before a hearing could be held to weigh his termination, he retired on a state pension of $31,871.
Bonerba could not immediately be reached for comment. |
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Can murder victim's statements be used at trial?
Criminal Law Updates |
2008/04/21 18:53
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Dwayne Giles complains that his former girlfriend's statements should not have been used against him at his murder trial because the woman couldn't be cross-examined. Her absence wasn't a result of a scheduling conflict. She was dead. And Giles killed her. Three California courts that have considered Giles' claim have said, in effect, "You must be kidding." Now, though, the Supreme Court, in arguments scheduled for Tuesday, is hearing Giles' case to see whether the use during his trial of statements the girlfriend made to a Los Angeles police officer violated his constitutional right to confront witnesses against him. The issue the court has agreed to resolve is when defendants forfeit that right. It is already clear that a defendant who kills someone to prevent him from testifying may not come into court and seek to exclude prior statements by the dead person. But this case is one in which there were no charges pending against Giles when he shot Brenda Avie dead with a 9-millimeter handgun outside his grandmother's house in September 2002. A few weeks earlier, Avie told a police officer that Giles assaulted and threatened to kill her. The officer testified about the conversation at Giles' trial, over his lawyer's objection. Giles claimed he acted in self-defense, fearing that Avie was armed. She wasn't. Giles also testified that Avie behaved erratically and threatened to kill both him and his new girlfriend on the night she died. |
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Hunt on for Clues in Times Square Blast
Criminal Law Updates |
2008/03/07 14:28
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Authorities on Friday were investigating whether an explosion at the Times Square military recruiting office was connected to strikingly similar bombings at two foreign consulates in New York, but ruled out a link to mysterious letters sent to Capitol Hill offices. Investigators were also scrutinizing surveillance video and forensic evidence after a bicycle-riding bomber struck the landmark station Thursday, scarring one of the world's most recognizable locations. Authorities said there was no connection between the blast and a letter sent to as many as 100 members of Congress bearing the words "Happy New Year, We Did It." The lengthy anti-war letters — which arrived with photos of a man standing in front of the recruiting office before it was damaged — contained no threats, officials said. Laura Eimiller, an FBI spokeswoman in Los Angeles, said an individual was questioned there about the letters to Congress and "there is no evidence linking the letters, which contained no threat, to the bombing." |
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