The US Supreme Court has issued its second stay of execution in as many days. Both decisions relate to the adequacy of legal representation in the two cases.
The Texas case involves convicted murderer Cleve Foster who maintains that he is innocent and was inadequately represented during the murder trial. Foster claims that his attorney failed to obtain a blood-spatter expert to question the case presented by the prosecution.
The second case involves Daniel Cook, a convicted murderer in Arizona. Cook’s attorneys argued that his trial lawyer was so incompetent Cook was forced to defend himself on the murder charge.
The Supreme Court agreed in both instances and both cases were granted stays of execution. How this affects future death penalty cases remains uncertain. However, the nation’s highest court appears willing to look at claims involving defendants who claim inadequate assistance of counsel.
The St. Petersburg Police Department had one of their internal investigation officers interview my client Nicholas Lindsey without my consent or knowledge yesterday.
http://www.wtsp.com/news/article/184243/8/SPPD-conduct-questionable-interrogation-of-alleged-cop-killer
The US Supreme Court announced today that it would not consider the appeal of a death row inmate sentenced to die for killing a police officer 20 years ago. Troy Davis has continued to proclaim his innocence and his cause has received worldwide attention from such figures as the Pope, Amnesty International, and the European Union.
The case is controversial because many agree with Davis and believe that he was improperly convicted. No murder weapon was ever found. There was no DNA evidence linking him to the murder and 7 of 9 witnesses recanted after his conviction.
Pasco County Judge Robert Cole recently dismissed a DUI charge against Luis Alberto Salas-Delgado because the prosecutors failed to show that the Dade City Police Department had not met the requirements for a DUI checkpoint. After reviewing video footage of the DUI stop and arrest, Judge Cole noted that Salas-Delgado had performed one field sobriety test “as well as it can be done.”
There are many legal requirements that must be fulfilled for a DUI checkpoint to pass legal muster. The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures.
Some of the requirements necessary for a legal checkpoint include notifying the public of the time and location of the DUI checkpoint. Law enforcement officials also have to post signs and even provide escape routes for drivers to turn off the road before entering the checkpoint.
Please see my interview Reginald Roundtree of WTSP-TV regarding Nicholas Linsdey and the shooting of St. Pete Police Officer David Crawford.
Click Here to Watch the Inteview
The St. Pete Times reported today that 16-year old Nicholas Lindsey has been indicted by a Pinellas County grand jury for first degree murder in the shooting death of Officer David Crawford. Lindsey will be tried as an adult. The paper also reported that I will represent him.
The criminal justice system in this country presumes that a person charged with a crime is innocent until proven guilty. In spite of the emotionally charged circumstances surrounding the tragic death of another St. Petersburg police officer, this applies to my client Nicholas Lindsey. He is innocent until proven guilty in a court of law. There is no rush to judgment because justice must be served. In the interest of justice, a thorough investigation must take place, depositions must be taken, and evidence must be evaluated before a judgment of one’s innocence or guilt is established.
That’s why our criminal justice system works. Yes, it’s adversarial but it is so to protect the rights of every citizen. This is the bedrock of our system and a reflection of our society’s values. It’s why our nation remains the envy of other nations.
The tragic deaths of St. Petersburg Police officers Sgt. Tom Baitinger and Jeffrey Yaslowitz is an unspeakable loss for our entire community. These men, like all police officers, put themselves in harm’s way each and every day for us and our safety. I agree with Howard Troxler who wrote in the St. Pete Times that today (and everyday) would be a good day to thank police officers for their service. As a criminal defense attorney, I’m often in an adversarial position with them and other law enforcement officers. However, I’ve always believed they’re the best and true heroes. We may disagree in the courtroom, but they are an indispensable part of our community.
So, the next time, you’re stopped by an officer of the law, remember they have no idea who you are or your intentions. They have to be prepared that this stop may be their last. Give them the respect and the courtesy they deserve, and thank them for the service they render.
