Tag Archives: judge

Corona woman once freed by Innocence Project won’t be back behind bars, judge rules – Press

A Corona woman freed from prison in 2016 after a judge tossed her conviction and ordered a new trial in the 2003 bludgeoning death of her boyfriend, will remain free on bail.

A tentative appellate opinion reversing the ruling that had released Kimberly Long carries no legal weight, Riverside County Judge Patrick Magers ruled Friday, Feb. 9.

The Riverside County District Attorney’s Office argued that the tentative decision in Long’s case by the Fourth District Court of Appeal, Division Two raised concerns that Long might skip her $50,000 bail.

Long’s attorneys from the California Innocence Project, which is dedicated to the release of wrongfully convicted inmates, argued that there was no legal precedent to revoke her bail and send her back to prison.

Magers ruled in 2016 that Long had an ineffective defense attorney in her second trial and released her on bail, pending appeal. Long had been in prison since 2009.

“Based upon

Read more at: http://www.pe.com/2018/02/09/corona-woman-once-freed-by-innocence-project-wont-back-behind-bars/

‘You have destroyed people’s lives’ judge tells repeat child pornographer

A Federal Way man was sentenced Monday in U.S. District Court in Seattle to 18 years in prison for making child pornography and other charges.

After Steven Marc Rigtrup, 38, gets out of prison he will face a lifetime of supervised release for the five felonies which include enticement of a minor as well as the production, possession and distribution of child pornography.

At Monday’s hearing U.S. District Judge James L. Robart asked him, “Where is there some acknowledgment that you have destroyed peoples’ lives? …You must be removed from society for the protection of our community.”

Rigtrup was arrested in April and pleaded guilty in November to the charges.

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These are not the first sex crimes involving a minor for which Rigtrup has been convicted.

A statement from U.S. Attorney

Read more at: http://www.thenewstribune.com/news/local/crime/article198569424.html

Fmr Brendan Dassey Attorney Is Now a Judge Facing Restraining Order from His Clerk

Wisconsin Municipal Judge Len Kachinsky was hit with a restraining order from his court clerk earlier this week, after she accused him of workplace harassment dating back to last spring.

Kachinsky, who first entered the public eye in the Netflix docuseries Making a Murderer as the defense attorney for Brendan Dassey, is the subject of a Wisconsin Judicial Commission investigation related to his alleged treatment of the clerk. The judge denies these allegations, which include repeated emails regarding non-work-related issues despite discussions not to do so (“Feel free to report me to HR,” he allegedly said in one), telling people that the clerk’s job was available or that she was looking for a new job when she wasn’t, putting personal information about her on Facebook, and filing a letter of reprimand against her for not responding to a Christmas greeting.

The judge filed a lawsuit against

Read more at: https://lawandcrime.com/high-profile/fmr-brendan-dassey-attorney-is-now-judge-facing-restraining-order-from-clerk/

Fox Crossing Municipal Judge Len Kachinsky faces harassment allegations

FOX CROSSING – A court clerk was granted a temporary restraining order Tuesday against Municipal Judge Len Kachinsky, who is accused of harassing her since last spring.

The filing comes in the midst of a Wisconsin Judicial Commission investigation into Kachinsky’s conduct relating to his clerk and a civil case he filed against the village late last year to stop the administration from requiring that a third person be present when he meets with the clerk.

“I have become so fearful of him that I am constantly looking over my shoulder to see if the Judge is around,” the clerk, whom USA TODAY NETWORK-Wisconsin is not naming, wrote in an affidavit filed in Kachinsky’s civil case.

Kachinsky, who came under intense criticism for his handling of the Brendan Dassey case that was featured

Read more at: http://www.postcrescent.com/story/news/2018/02/01/fox-crossing-municipal-judge-len-kachinsky-faces-harassment-allegations/1075562001/

Caught on tape? Judge to decide if junk science put Texas man …

More than halfway through the eight-hour hearing, Fredericks took the stand. None of Knox’s methods — from his decision to use a still image of the robber leaving the store, to his choice to measure a diagonal line extending from the bottom of the robber’s foot to his head — are backed by current experts, Fredericks said. 

He insisted that years of experience on dozens of similar cases have led him to conclude that Knox’s findings are “absurd.” Fredericks instead used 3-D laser scanning technology — far more costly and less common in 2009 — and came to a different measurement for the robber’s height: 5-7. At his tallest, the assailant was 5-9.4, he concluded.

“The robber could be no taller than that under any circumstances,” Fredericks said. 

‘It’s an iffy world’

After squeezing in a few last-minute questions, Bell County District Attorney Sean Proctor rested his case. District Court Judge John Gauntt, who took up Powell’s innocence claim, can

Read more at: https://www.dallasnews.com/news/crime/2018/01/30/texas-man-says-junk-science-sent-prison-fights-releasethis-one-waiting

Kevin Galik | Judge rejects DNA evidence in Traci Renee Conrad …

An attempt to use new DNA evidence to free a man found guilty 21 years ago of murdering 11-year-old Traci Rene Conrad of Hanford has fallen short.

A judge ruled that partial DNA, which was found on some items of evidence and which did not come from Kevin Galik, is probably the result of contamination during handling and examination by authorities, and is not enough to have changed the outcome of the trial.

Additionally, “there was a significant amount of circumstantial evidence” of Galik’s guilt, visiting Superior Court Judge H.N. Papadakis wrote in a decision filed last week in Kings County Superior Court.

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Galik is serving life in prison without the possibility of parole. He is being housed at Mule Creek State Prison in Ione.

The Northern California Innocence Project sought to

Read more at: http://www.fresnobee.com/news/local/crime/article197442489.html

Does new DNA evidence clear a man convicted of a girl’s murder? Judge says no

An attempt to use new DNA evidence to free a man found guilty 21 years ago of murdering 11-year-old Traci Rene Conrad of Hanford has fallen short.

A judge ruled that partial DNA, which was found on some items of evidence and which did not come from Kevin Galik, is probably the result of contamination during handling and examination by authorities, and is not enough to have changed the outcome of the trial.

Additionally, “there was a significant amount of circumstantial evidence” of Galik’s guilt, visiting Superior Court Judge H.N. Papadakis wrote in a decision filed last week in Kings County Superior Court.

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Galik is serving life in prison without the possibility of parole. He is being housed at Mule Creek State Prison in Ione.

The Northern California Innocence Project sought to

Read more at: https://www.fresnobee.com/news/local/crime/article197442489.html

Judge orders release of Gretna rape convict after 38 years, cites bad lawyering

Malcolm Alexander sat in the jury box Tuesday morning at 24th Judicial District courtroom smiling and offering quiet words of encouragement to the dozen family members gathered in the gallery to hear District Judge June Berry Darensburg order his release from Angola State Penitentiary.

Darensburg ordered Alexander “immediately released” from custody on Tuesday after 38 years on the basis that he had received “ineffective assistance of counsel” during his 1980 trial for the rape of a Gretna shop owner.

District Attorney Paul Connick’s office did not oppose it.

Several members of Alexander’s family gasped with relief after the judge announced her decision, and many — including his mother and daughter-in-law — started crying.

“Thank Jesus,” cried his 82-year-old mother, Maudra Alexander, before her newly-freed son leaned over to kiss her on his way out the courtroom.

“We’re elated; we can’t believe it’s actually happening,” said Charlean Stewart, Alexander’s daughter in law.

As he left the

Read more at: http://www.theadvocate.com/new_orleans/news/courts/article_c838b2ca-05ce-11e8-837b-77e2f4721000.html

Judge: Psychologist can testify in retrial of man accused of Naperville arson death

Defense attorneys for a Naperville man facing a retrial for the 1990s arson death of his mother-in-law can call a psychologist to testify about tests the man took that gauge how prone to suggestion he is, a judge ruled Wednesday.

But, the judge ruled, the psychologist should not try to “connect the dots” to express an opinion about William Amor’s confession in 1995 that he started the fire that killed 40-year-old Marianne Miceli. Amor’s attorneys have argued the confession was coerced and false.

The ruling by Judge Liam Brennan was one of several Wednesday as prosecutors and the defense prepare for the Jan. 23 trial of Amor, 62, whose conviction for Miceli’s first-degree murder was vacated in 2017.

Authorities say Amor started the fire in the condominium where he and his wife, Tina Miceli, lived with Tina’s mother in September 1995. Amor had been convicted of the murder in 1997, but the judge

Read more at: http://www.chicagotribune.com/suburbs/naperville-sun/crime/ct-met-naperville-arson-retrial-20180103-story.html