Brooklyn Police Scandal: Four Brooklyn narcotics officers have been charged with misconduct and falsifying records. Christine Hauser of the New York Times reports that Gravesend and Bay Ridge are the two areas in Brooklyn where cases have been affected the most. Detective Sean Johnstone was heard on a tape recording saying he and his partner, Officer Julio Alvarez, recovered 28 bags of cocaine yet only turned in 17. When Internal Affairs started investigating Johnstone and Alvarez, it led to the arrest of Sgt. Michael Arenella and Officer Jerry Bowens. The Brooklyn district attorney’s office has dismissed over 183 cases because either one or more of the officers have played a significant role in them. In addition, the city’s special prosecutor Bridget G. Brennan has thrown out five indictments against eight defendants.
Juvenile Crime: Katie Zezima writes in this New York Times report that cases under a Rhode Island law that allowed juveniles to be tried in adult court would be dismissed or transferred. Judge Daniel A. Procaccini from the Rhode Island Superior Court ruled that approximately 100 pending cases would be dismissed. Cases that resulted with an indictment will be sent to Family Court; only if the attorney general believes the crime is heinous, will a juvenile be tried in adult court. The judge concluded that juvenile's rights were violated because the cases were sent directly to adult court. Attorney General Patrick C. Lynch appealed the ruling and says it places the victims and their families in a “state of uncertainty.”
AG Seeks Change in Crack Sentencing Rules
According to this AP story, Attorney General Michael Mukasey wants Congress to modify the recently amended sentencing guidelines to prevent the early release of thousands of violent crack offenders. Mukasey is asking that the new law be changed to allow sentence reductions for only first-time and nonviolent offenders. Less than month ago, the U.S sentencing commission ruled that over 20,000 federal inmates would be eligible for reduction for their crack cocaine sentences. Mukasey argues that full retroactive application of the new guidelines will increase violence in communities and clog up the courts.
A "jailhouse lawyer" wrote the successful certiorari petition in the Supreme Court case of Burgess v. United States, No. 06-11429, reports Meg Kinnard for AP. The case is set for argument March 24, but petition author Michael Ray won't be arguing it. He remains a guest of Uncle Sam. The petition is here via Legal Writing Prof Blog.
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