Criminal Law

September 19, 2007

OJ Simpson Now Charged With Kidnapping—and 10 Other Charges—in Las Vegas Casino Hotel Robbery Case

There are now 11 formal criminal charges against former football hero O.J. Simpson in the alleged armed robbery crime at a hotel room in the Palace Station Hotel and Casino in Las Vegas last Thursday. 10 of the charges are for felony crimes and include kidnapping with use of a deadly weapon.

According to prosecutors, Simpson committed kidnapping-along with his co-defendants-because they meant to detain or hold the two alleged robbery victims. The ex-football player and three other people are accused of pointed guns at sports memorabilia dealer Alfred Beardsley and collector Bruce Fromong while they stole the sports memorabilia, Beardsley’s sunglasses and baseball cap, and Fromong’s cell phone from the room. Fromong, who suffered a massive heart attack after the alleged robbery is in critical condition at the Cedars-Sinai Medical Center.

Police say that Simpson allegedly masterminded the armed robbery-although he has denied that a robbery ever took place or that there were guns involved. Two guns, however, were recovered.

In an audiotape recording, Simpson can be overheard ordering the men around and accusing someone of stealing from him. He claims that the items he recovered belonged to him and were stolen from him.

Simpson was released from jail after paying $125,000 in bail. His arraignment is scheduled for October 22. He is expected to plead not guilty to the criminal charges.

Kidnapping In Massachusetts, kidnapping is considered a crime against a person that is punishable for up to 10 years in prison. Massachusetts General Laws, Crimes Against the Person – Chapter 265, Section 26, describes kidnapping as the confinement or imprisonment of a person secretly, forcibly, or without lawful authority and against the person’s will.

Kidnapping is considered a very serious felony crime. Kidnapping, accompanied by the extortion of money or other valuables, can be grounds for a lifetime prison sentence.

Simpson released from jail, CNN.com, September 19, 2007
Prosecutors charge O.J. Simpson and three others, CNN.com, September 18, 2007
Massachusetts General Laws – Crimes Against the Person – Chapter 265, Section 26,

Related Web Resources:

O.J. Simpson Biography
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September 1, 2007

U.S. Senator Larry Craig Alleges Entrapment in Audiotape Recording of His Arrest for Lewd Behavior

by Altman & Altman

Authorities have released an audiotape of an interview between Idahoan Senator Larry Craig and the police officer that arrested him at the Minneapolis-St. Paul International Airport. Craig was arrested earlier this month after allegedly trying to engage in lewd conduct in an airport bathroom. He later pled guilty to a misdemeanor charge of disorderly conduct.

In the audiotape, Craig can be heard accusing the arresting officer of trying to entrap him. The officer is heard denying this. He promises not to take Craig to jail if he cooperates and accuses the senator of lying to him repeatedly. The officer can also be heard trying to get Craig to admit to the crime.

On Tuesday, Senator Craig told reporters that he “overreacted and made a poor decision” when he pled guilty and that he did not participate in any “inappropriate conduct” in the airport bathroom.

No sexual contact is said to have taken place. According to the arresting officer, Craig’s foot touched the officer’s foot while they sat next to one another in separate bathroom stalls.

Entrapment
Entrapment might have taken place if it can be proven that an investigating or arresting officer tried to induce a suspect into committing a crime that he or she would otherwise not have committed. It is not, however, considered entrapment if a person intended to commit the crime and law enforcement officers created a situation that allowed the person to do so.

If a defendant can prove that he or she was a victim of entrapment, he or she cannot be found guilty of the crime even if all the evidence points toward guilt.

Actions by police that can are considered entrapment include putting pressure on a defendant to commit the crime (includes harassing, pressuring, or coaxing the suspect) and giving someone a reason to commit the crime.

On tape, Craig denies allegations of soliciting officer, CNN.com, August 30, 2007
Entrapment, Lectlaw.com

Related Web Resources:

Airport Restroom Sex Senator Larry Craig Guilty Plea (Court Document)

Larry Craig: US Senator for Idaho
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July 18, 2007

Massachusetts Crime Lab Did Not Test Evidence From Over 16,000 Cases

by Altman & Altman

A new probe shows that the Massachusetts State Police Crime Laboratory failed to analyze evidence samples from more than 16,000 crimes that occurred in the state. Unexamined evidence included evidence from about 1,000 homicides and other deaths, as well as from over 6,500 sexual assault cases.

The lab has yet to open some 4,000 rape evidence kits. Evidence from about 2,900 criminal cases must still undergo DNA testing, and 10,000 evidence kits are being held in cold storage. The investigation into the lab’s lack of performance was requested by Massachusetts Governor Deval L. Patrick’s administration.

The Massachusetts Organization of State Engineers and Scientists blames the backlog on insufficient staffing at the lab. It also called on the need for more forensic scientists to handle the new crime lab equipment that had been purchased by the state. Massachusetts will now have to pay millions of dollars to private labs so they can eliminate the testing backlog.

The lab’s inability to process what could be important DNA evidence could lead to many convicted persons being set free after serving time in prison for rapes and murders they did not commit. Criminal cases from as far back as the 1980’s could be affected by the evidence backlog. The untouched evidence also could mean that many rapists and murderers may still be free.

The Innocence Project at Cardozo Law School in New York says that forensic testing errors were found in 63% of criminal cases where persons were exonerated. DNA testing backlogs, false confessions, eyewitness errors, and police informants were also reasons cited for exonerations.

The state says it will examine evidence in cases that can still be prosecuted. Cases where the statutes of limitations have already expired, however, will never be properly served.

Crime lab didn’t test 16,000 cases, Worcester Telegram & Gazette News, July 17, 2007
Crime lab crisis threatens us all, Boston Herald, July 17, 2007
Probe finds evidence from crime scenes never analyzed, Boston.com, July 15, 2007
Forensic Errors Often Contribute to Wrongful Convictions, Criminal Law Lawyer Source

Related Web Resources:

The Innocence Project

Wrongful Conviction, American Bar Association Continue reading