Atlanta Defense Attorneys

Archive for April, 2010

BY MICHAEL WEBSTER: Syndicated Investigative Reporter: Mon Jan 12, 2009 at 12:01 AM PST

Homeland Security Secretary Michael Chertoff said this week if Mexico’s vicious drug war ever spills into the United States they have several response plans, one of which calls for a military surge along the U.S.-Mexico border.

Secretary Chertoff there have already been many so called “spill over’s” into the U.S. with little or no response from the Bush administration. Many believe it is do to the cozy relationship between the two governments.

From Brownsville Texas to San Diego California Mexican cities bordering American cities are where most Americans are being killed by assassinations and executions. But other Americans are being killed by the long arm of the Mexican drug cartels which reach deep into America. There are accounts of Mexican drug cartel surrogate terrorist’s invading the U.S. by crossing the porous international border and killing Americans in Dallas Texas, Atlanta Geo, New York City, Phoenix Ariz, Las Vegas Nevada, and is believed to have reached Shelby County Alabama where five people were found murdered gangland style by Mexican nationals.

Many Americans were kidnapped in the U.S. and taken to Mexico where they were murdered. Still other Americans were abducted and slain in Mexico while visiting, others where shot gangland style in country. Dozens of U.S. citizens have been kidnapped, or held hostage, or killed by their captors in Mexico and many cases remain unsolved. Moreover, new cases of disappearances and kidnap-for-ransom and Americans being killed continue to be reported. On top of that there have been dozens of incursions by the Mexican military into the states. Also all along our borders with Mexico American authorities have been attacked by the Mexican military and by those believed to be well trained Mexican drug cartel surrogate terrorist using military style Humvee’s, rocket lounges, assault rifles, grenades, 50 cal mounted weapons and other hard core military weaponry. To date there is no evidence that the U.S. Government has done anything to curtail these attacks. 

Carey Marcella McClintock was threatening to testify against a prominent and well known El Paso criminal defense lawyer who has represented Mexican and American drug traffickers and that he himself was beholding to the drug cartels and their gang members.

Carey’s father has been independently investigating his daughter’s killing and now believes that Carey was taken from a Texas town near Dallas to Juarez Mexico across the border from El Paso Texas on a ruse, and was brutally murdered on August 31, 2008 in Juarez so she could not testify.  She was found in an abandoned house in the desert minutes outside of the city.  She had been beaten and stabbed multiple times. Carey’s father believes that his daughter was about to testify against the attorney and others in a federal and on going investigation involving the Mexican drug cartel and there hired assailants the El Paso’s Barrio Azteca Gang  One Of The Most Dangerous In Nation. “I believe she was coerced into going to El Paso by the attorney and the attorney’s girl friend where she was provided transportation and was put up in a hotel in Juarez and all paid for by the same attorney. Her family fears that what really happened to Carey has happened to others and that her murder and others like hers will never see the light of day and will never be solved by the corrupt Mexican authorities. He also says the American authorities refuse to investigate because they claim the crime was in Mexico. The El Paso Police Dept has been informed as to the details surrounding the case where the local attorney illegally transported and harbored a known fugitive, yet no investigation is underway. The father also thinks the same attorney had something to do with his daughter’s murder.

In spite of all that, Chertoff claims he has instructed the 22 federal agencies that fall under his preview to develop border-violence response plans because the drug war in Mexico appears to be escalating, not ending. So far, more than 5,300 people have been killed across Mexico as the result of the on going civil war between the Mexican Government and the powerful Mexican drug cartels.

“We completed a contingency plan for border violence, so if we did get a significant spillover, we have a surge if I may use that word — capability to bring in not only our own assets but even to work with” the Defense Department, Chertoff told the New York Times.
He did not give details on how, when or where the military might be used.

According to the El Paso Times Jason Ciliberti, a spokesman for U.S. Customs and Border Protection, which is one of the federal agencies under the Homeland Security department, confirmed the contingency plans. He said federal agencies have had border-violence response plans for several months now.
“We need them so customs and Border Patrol can continue daily operations,” Ciliberti said from his Washington, D.C., office. “The other reason the plans exist is because these agencies, which are all a part of Homeland Security, must provide U.S. citizens with a safe place to live. If the violence threatens the daily safety and daily routine of U.S. citizens, Homeland Security must be ready.”

Many Americans believe that the crimes against Americans such as kidnappings and murders by invading forces like the cartels are being ignored by the American government and many local law enforcement officials are turning a blind eye on the violence accruing on American soil or just are not properly informed.

An example of this attitude or lack of knowledge is found in a recent statement by the acting El Paso Police Chief Greg Allen where he said that he did not think a military buildup would ever be needed. He went on to say “It would have to be an end-of-the-world type situation before the military is brought in. “We all pretty much feel like the violence is going to be contained in Mexico. Our concern is minimal.”

These statements are coming from our so called first line defense law enforcement officials along our border with Mexico. Luna County (N.M.) Sheriff Raymond Cobos, whose territory encompasses Deming and the Columbus port of entry a section known for drug and human smuggling, said the drug cartels are very much aware of the firepower U.S. law enforcement agencies and the military have.

“I think they look across the border and see a lot of U.S. law enforcement ready to respond,” Cobos said. “Since the violence started, we have treated every incident as a potential border violence incident. But so far, nothing has spilled over.”Cobos told the media recently.

Ciliberti said the contingency plans vary, but for the most part, if the violence in Mexico spills into the U.S., the first Homeland Security plan calls for increasing the number of Border Patrol agents in the region. Chertoff said that nationally, an additional 19,000 agents will be deployed this year.

The Homeland Security plan also calls for the partnering of federal agents with local and state police officers to help patrol any areas where border violence is occurring.

“As a last resort, it would include the military,” Ciliberti said.

The EL Paso Times reports that Paul Boyce, a spokesman with U.S. Army public affairs office in the Pentagon, said all of the U.S. armed forces, including the Army are a part of U.S. emergency contingency plans. He said the military is ready to help any city, state or region in any type of emergency.

“For security reasons, we do not get into the details or say what our role would be,” Boyce said.

Cobos said that if the violence did reach across the border, local law enforcement agencies up and down the border would be able to respond appropriately.

“But if for some reason that didn’t work,” he said, “then we would call on Chertoff’s contingency plans.”

In a recent article the times reported that U.S. Rep. Silvestre Reyes, D-Texas, said the fact that the federal government has a contingency plan for border violence should be put in perspective. The federal government historically has had plans for any type of national emergency.

“As the violence in Mexico escalated last year, the Department of Homeland Security updated these plans to ensure that our federal law enforcement agencies are adequately prepared to meet any type of emergency that could arise should the violence in Mexico threaten the security of the United States,” Reyes said.

“The use of military forces would be a last resort because our federal law enforcement agencies are fully prepared to respond to most emergency scenarios, that is the whole purpose behind these contingency plans.”

Still, El Paso County Commissioner Dan Haggerty said the news that the U.S. has various levels of contingency plans to deal with the violence should be comforting to most El Pasoans.

“I think it is going to get worse in Mexico, and we as U.S. citizens need to be assured that Homeland Security or someone is going to protect us,” he said. “We must accept that we live in a city that has been labeled as a major drug-smuggling corridor and a place for illegal immigration.

“With that type of illegal activity comes the possibility that our safety is at risk.”

Estimates indicated in Iraq during the height of that bloody war there were never more than 10,000 hard core Al-Qaeda fighters in country. It is estimated that in the Americas there are already thousands of Al-Qaeda, and other Muslim extremist groups operating. In Mexico it is estimated that there could be tens of thousands of Mexican drug cartel members, enforcement gangs and other sympathizers. Iraq is a country of only 25 million people, Mexico is a country of well over 100 million people and it is in our back yard. It has taken over 350,000 American troops and thousands of troops of our allies and well over a trillion American dollars to combat and contain Iraq’s civil war. More people were killed violently in Mexico last year than in Iraq and Afghanistan combined. It is time that America wakes up and faces the fact that a major civil war is taking place in Mexico and it is spilling over into the streets of America and will likely get much worse long before it gets better and is likely to kill even more Americans.

For Related articles click on or Google: “Michael Webster’s other writings.”

  

Editors Note:

 

Michael Webster’s Syndicated Investigative Reports are read worldwide, in 100 or more U.S. outlets and in at least 136 countries and territories. He has published articles for Maxims News, which is associated with MediaChannel.org and Globalvision News Network, global news and media information services with more than 350 news affiliates in 135 countries. Many of Mr. Webster’s articles are printed in six working languages: English, French, Arabic, Chinese, Russian and Spanish. With ten more languages planed in the near future.

Mr. Webster is America’s leading authority on Venture Capital/Equity Funding. A trustee on some of the nations largest trade Union funds. A noted Author, Lecturer, Educator, Emergency Manager, Counter-Terrorist, War on Drugs and War on Terrorist Specialist, Business Consultant, Newspaper Publisher. Radio News caster. Labor Law generalist, Teamster Union Business Agent, General Organizer, Union Rank and File Member Grievances Representative, NLRB Union Representative, Union Contract Negotiator, Workers Compensation Appeals Board Hearing Representative. Mr. Webster publishes the on-line newspaper the Laguna Journal and does investigative reports for print, electronic and on-line News Agencies.

Civil juries have been called the conscience of the community. John Stuart Mill once observed that the jury system is “at the very heart of democracy Similarly, Alexis De Tocqueville stated that the American civil jury system is “one of the most efficacious means for the education of the people which society can employ.”

Those fighting for the rights of the people, namely Personal Injury Lawyers in Wrongful Death, Birth Injury, Brain Damage, Medical Malpractice, Truck Accident an similar cases, have long fought for strengthening the jury system.  The right to a trial by jury in civil cases is firmly embedded in the United States Constitution, as well as most state constitutions. The Seventh Amendment provides: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.” And the United States Supreme Court has held that “[m]aintenance of the jury as a fact-finding body is of such importance and occupies so firm a place in our history and jurisprudence that any seeming curtailment of the right to a jury trial should be scrutinized with utmost care.”

Why, then, has the American jury system been under attack in recent years? One answer is that this attack is nothing new. As early as 1872, Mark Twain commented: “The jury system puts a ban on intelligence and honesty, and a premium upon ignorance, stupidity and perjury. It is a shame that we must continue to use a worthless system because it was good a thousand years ago.”  Likewise, in 1911 Ambrose Bierce defined “trial” as a “formal inquiry designed to prove and put upon record the blameless characters of judges, advocates and jurors.”

Contrary to the literary critique of the 19th century, the recent attack on the American jury is far more potent.  Corporations and their insurers have been at the forefront of such attacks on civil juries, seeking to limit corporate liability exposure by replacing the civil jury system with a more manageable statutory structure.

And their call for jury reform is getting louder. Following the recent $253.4 million dollar jury verdict against Merck in the first Vioxx suit in Texas, some tort “reformists” have called for the “End of the Jury System for Civil Cases.” According to Professor Brainbridge of UCLA, this Vioxx verdict “raises serious questions as to the competence of lay jurors to resolve technical issues.”

Other commentators disagree, arguing that juries in civil cases stand as indispensable watchdogs over corporate negligence and corruption. Specifically, the Vioxx verdict illustrates how, “for ordinary Americans, the civil justice system is the last check-and sometimes the only check-against corporations that put profits before the health of safety of their own customers.”

Still, even the firmest supporters of the American civil jury agree that juror comprehension is strained by lengthy cases, complex evidence and intricate law. In such cases, not only are the interests of justice poorly served, but jurors themselves become dissatisfied with their participation. Accordingly, recent jury reform efforts have been aimed at making the jury system more responsive to citizen needs, as opposed to abandoning civil juries altogether.

The American Bar Association (ABA) has recently spearheaded two such efforts to highlight the importance of jury service in our nation: the American Jury Project and the Commission on the American Jury. The former has been charged with producing a single set of modern jury “Principles” that the ABA proposes as a model for courts across the country. The latter has been charged with a mission to encourage appreciation of the American jury system, to persuade the public to participate in the process, and to stimulate reform in hopes of improving the experience of serving on juries.

This paper examines some of the newest and more controversial jury trial innovations being considered by judges and attorneys to maximize juror comprehension of evidence and applicable law.

DISCUSSION

A.        Jurors Asking Questions

One of the more controversial jury-reform proposals is to allow jurors to ask witnesses questions during trial. This practice is slowly gaining acceptance in jurisdictions throughout the country, and is a practice endorsed by the American Bar Association.

Proponents of allowing jurors to ask questions note the difficulty juries face in analyzing evidence presented through one-way communication. That is, attorneys and witnesses speak during trials, while jurors only listen. The United States Court of Appeals for the Fifth Circuit, in United States v. Callahan, held that “[t]here is nothing improper about the practice of allowing occasional questions from jurors to be asked of witnesses. If a juror is unclear as to a point in the proof, it makes good common sense to allow a question to be asked about it.”

There are essentially two approaches on how jurors might ask questions during trial.   Under the first approach:

After both lawyers conclude their respective direct and cross-examination, the trial court asks the jurors for written questions; the jury and witness leave the courtroom while the judge determines the admissibility of the questions; the trial court reads the questions to both lawyers and allows them to object; the jury and witnesses are brought back into the courtroom and the judge reads the admissible questions to the witness; after the witness answers, both lawyers may ask follow-up questions limited to the subject matter of the jurors’ questions.

Under the second approach:

The juror writes the question and hands it to the bailiff, who then passes it to the judge; the judge (most often at a break) furnishes copies of the question to the attorneys so long as in the judges opinion, the question-or some variation of the question-is potentially meritorious (having foundation in law as well as being relevant and material to the case at hand); the juror’s question now belongs to the attorneys, who are free to handle the question as they deem appropriate and in their client’s best interest.

Opponents of allowing jurors to ask questions under either approach argue that it may disturb the respective roles of the attorneys and juries, transcending jurors from neutral fact-finders into advocates. Additionally, jurors might become distracted by thinking of questions rather than paying attention to the trial. Furthermore, a probing question from a juror might improperly aid an otherwise ineffective attorney.

State appellate courts have taken differing approaches to the practice of allowing juror questions. In City of Springfield v. Thompson Sales Co., the Missouri Supreme Court expressly upheld the use of jury questioning. On the other hand, in Steele v. Atlanta Maternal-Fetal Medicine, P.C.,the Court of Appeals of Georgia found that the trial court abused its discretion by allowing jurors to submit questions for witnesses. The Supreme Court of Vermont, in State v. Dolesny,held that it was within the trial court’s discretion to permit jurors in criminal cases to submit written questions for the witnesses.

Despite the increasing number of jurisdictions permitting jurors to ask questions, most attorneys remain cautious about this reform proposal. In a traditional adversary trial, lawyers control the questioning of witnesses, subject only to judicial scrutiny. When jurors are allowed to ask questions, attorneys must yield some of this control to the jury.

B.        Consecutive Expert Witness Testimony

Most of the criticism surrounding the Vioxx verdict suggests that jurors are incapable of understanding and evaluating complex expert testimony. One jury reform proposal seeks to address this concern by reordering the sequence of proof so that opposing experts offer their testimony consecutively.

In complex cases involving a “battle of the experts,” some jurisdictions have experimented with reordering the traditional sequence of proof to better facilitate juror comprehension. For example, if a plaintiff offers an expert witness on the issue of causation, the defendant’s causation witness would testify immediately after the plaintiff’s expert, rather than much later in the trial during the defendant’s case-in-chief. This procedure would allow jurors to hear all the expert causation witnesses in the same approximate time period.

Another approach would allow each side’s expert to appear together in front of the jury, following their testimony, to answer one another’s questions about the testimony. For instance, expert witness A could be asked to respond to expert witness B’s criticism of expert witness A’s conclusions. This technique allows the jury to examine the extent of any real difference between expert testimony and to compare these differences side by side.

Still, this proposal certainly has detractors. Both plaintiff and defense lawyers are concerned with disrupting their trial presentation strategy by reorganizing the timing of presentation of expert witnesses. Accordingly, most commentators agree such reordering of testimony should not occur without the consent of the judge and all parties.

C.        Interim Summaries

Another controversial jury-reform innovation is to allow attorneys to provide jurors with interim summaries during various stages throughout the trial. One common problem for jurors is the inability to put individual pieces of evidence together in any meaningful context. Because jurors can better understand evidence when they know why it is being presented to them, some jurisdictions permit lawyers to make mini-summations during the trial.

Proponents of the practice argue that such summaries are useful in long and/or complex jury trials. Mini-summations can help the jury focus on the significance of evidence and place evidence in context while it is still fresh. The Arizona Supreme Court Committee on More Effective Use of Juries concluded that “[i]nterim summaries can enhance jury comprehension, aid juror recall of the evidence and help jurors avoid making premature judgments in the case.”

Opponents of mini-summation argue that this practice allows lawyers to “put a spin on the testimony before all the evidence is in,” which can be highly prejudicial. Furthermore, opponents note that interim summaries can waste time, bore the jurors, and interrupt the flow of presenting testimony.

D.        Juror Deliberations During Trial

In most jurisdictions, jurors are prohibited from discussing the case until they receive final jury instructions. However, some jurisdictions have considered permitting pre-deliberation discussions by jurors, especially in lengthy or complex cases.

In fact, Arizona became the first jurisdiction to expressly permit jurors to discuss evidence during civil trials. Currently, Arizona jurors can do so only in civil trials; in criminal trials they must still wait until the final deliberations to discuss the case with one another.

In civil cases in Arizona, jurors are instructed at the outset that they may discuss the evidence amongst themselves during the trial but only in the jury room and only when all are present. They are cautioned that discussion is appropriate only as long as they keep an open mind until they have heard all the evidence, all the instructions on the law, and all arguments of counsel. A number of trial judges across the country are using this procedure on an experimental basis, generally with the consent of the parties.

The foremost objection to pre-deliberation jury discussion is the belief that jurors who engage in this practice will prejudice the case before hearing all the evidence and instructions on the law. This practice also raises concerns about shifting the burden of proof from the plaintiff to the defense, if jurors form an opinion before the defense has presented its case.

CONCLUSION

Many of the innovative jury reform proposals described above can enhance the civil jury’s decision-making ability. To the extent that reform makes jury duty a more enjoyable experience and helps lawyers communicate more effectively with jurors, such proposals should be seriously considered.

However, jury reform should not disturb the role of jurors as impartial finders of fact. Perhaps the best thing to come out of the jury reform debate is that trial lawyers are becoming keenly aware of the need to communicate more effectively with juries.

Statute of limitations in Florida on Fraud?
What Is The Statute of limitations in Florida with criminals that commited fraud on others? If you wish to know how the statute of limitations applies to a specific situation, you should verify the statutory time period and its relevance to your situation with a qualified Florida lawyer. Fraud: 4 years -.

Suicide or lawyer?
i seriously need an attorney for a brain injury that is causing me some legal troubles in my eveyday life.i live in michigan right on the border of wisconsin.i am having legal trouble in wisconsin and michigan.legal trouble meaning,contempt of court,bill collectors,missing important appointments.i have no sences of time or planning.and many other medical issues from.

Summons response late because of post office?
i had my response to my divorce summons all ready to go. i go to the post office. pay for certified, next day service guarenteed by 3:00pm the next day. i send one packet to the lawyer and one to the court. i just got the certified receipts today in the mail..

The defendant’s lawyer wants an adjournment(new trial date). Why should I give it to him?
I’m suing a used car dealership. The trial is in 2 weeks. The lawyer says he is new to the case and they want to ‘change their defense’. I don’t know that YOU can give him one, unless you’re the judge presiding over the.

The DVD I brought a few days ago stopped working! I want to replace it but..?
I want to replace it but the salesperson is not co-operating. Should I take the assistance of legal experts? Which section will it come under consumer protection law? You should contact a lawyer. It will come under ??onsumer fraud??onsumer fraud exists when.

The lawyer and parents of American-born Taliban soldier John Walker Lindh ask Bush to commute term.?
How long do you think he will live if set free,before a patriot caps him? That man is a traitor, he hates the United States, he hates Christians, Jews and anyone who is not Muslim. Why the American taxpayer has to support him.

The ’someone’ is actually my mother, my husband is his father?
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Their is a policeman in our area and a few of this community?
police officers who are upsettting alot of famiies, a social worker said he is a glory seeker and that i should get together with other families to do something about this, we are but who do we make the complaints too The district attorney, a lawyer,.

To become a lawyer will Clark Atlanta have the best classes?
Can you get back to me about the majores of law and public saftey and how to become a lawyer. Clark Atlanta does not offer a Law program. http://www.cau.edu/default.html.lawyer Clark Atlanta Public Administration Program: http://www.cau.edu/acad_prog/default.htm. Clark Atlanta Criminal Justice: http://www.cau.edu/acad_prog/default.html

Today a lawyer told me she could not represent me what are all reasons why she could not?
Is she representing the other party or could it have been that she spoke with the other party and one or the other decided not to use that attorney or not to represent? Also, please if she is representing him since.

Trial transcript?
How can I obtain a copy of the legal transcript of a jury trial that was held in Virginia in 2006? Can the defendent do so? A lawyer? Anyone? Thanks! Since the trial transcript is a public record, anyone who wants one can get one. However, you have to pay a per page transcription cost and if.

True or False: Legislative intent may help you determine whether a statute was violated?
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Umm I got COURT for drinking underage, and possation of alcahol.?
I got court in 2 weeks. What will happen and do i need a lawyer. I am 18, so I don?? need parents. But will i get community serves? Any lawyers here? If this is NOT traffic involved, and you have no priors, you can plead guilty and.

Waht are the specific laws regarding found treasure on one’s private property?
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Wanted: short (textable) Lawyer jokes?
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Ways that lawyer may remove prospective juror from consideration?
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We have an insurance claim, and we think that our lawyer is being unfair w/ us.?
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Well it finally happened.The ex boyfriend gave up.?
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What are legal dispersements?
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Do they teach ethics and morals to lawyers in lawyer school?
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Do we use a family lawyer to defend our son?
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Do you have any lawyer jokes? best joke gets the points?
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What are the minimu requirements for a DNR order,do not resucitate, to be legal?
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What are the steps to being a Real Estate lawyer or attorney?
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What branch of law does a confidentiality agreement fall under?
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What can a judge do in response to an objection by a lawyer?
a judge can do two things in response to an objection by a lawyer? could anyone tell me what they are? A judge will either sustain or overrule an objection. In some cases, the attorney who is overruled may request that the record note that he.

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What can I do if my lawyer was paid but did not perform his duty?
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More Lawyer questions please visit : LawFreeFAQ.com