Lord Conrad Black (background here)isn't having a bad time at the Federal Prison Camp in Coleman, Florida . Nonetheless, he has some scathing comments about our criminal justice system and federal prosecutors in his recent commentary in the Times Online, titled "From my cell I scent the reeking soul of US justice." The most salient paragraphs are below:

US federal prosecutors, almost all of whom would be disbarred for their antics if they were in Britain or Canada, win more than 90% of their cases thanks to the withering of the constitutional guarantees of due process – that is, the grand jury as an assurance against capricious prosecution, no seizure of property without just compensation, access to counsel, an impartial jury, speedy justice and reasonable bail.

....The system is based on the plea bargain: the barefaced exchange of incriminating testimony for immunity or a reduced sentence. It is intimidation and suborned or extorted perjury, an outright rape of any plausible definition of justice.

On our misguided war on drugs [More...]

NFL quarterback Michael Vick, serving his 23 month federal sentence for dog-fighting (background here), pleaded guilty to a similar charge in state court today. He received a suspended sentence, which now makes him eligible for a half-way house on the federal sentence.

It looks like the Judge insisted on one pound of flesh, so to speak:

Vick was taken to Virginia last Thursday after (Judge)Campbell rejected a request by Vicks' attorneys for him to plead guilty by videoconference.

From Kansas where Vick is serving his federal sentence to Virginia on "Con Air" usually requires an unpleasant stay at "the hub" prison in Reno, OK. Inmates are mostly in lockdown and encounter all sorts of unpleasant people along the way. (I'll spare you the stories I've heard about Reno over the years.) Same thing for the return. It's not likely to be a direct flight but another trip to Reno first. So unless Vick is receiving special transfer treatment, he has received an extra punishment for his state plea.

Lillo Brancato Jr., who played Matthew Bevilaqua in the Sopranos and the young kid alongside Robert DeNiro in the movie Bronx Tale, is on trial in the Bronx on second degree murder and burglary charges.

His attorney (and long-time TL pal) Joe Tacopina told the jury Brancato is a drug addict, not a killer.

[Police]Officer Enchautegui, who lived next door and was asleep at the time, awoke when he heard a window break, prosecutors said. He confronted the men and shot both, but was killed when Mr. Armento shot him in the chest, prosecutors said. Mr. Armento was convicted of first-degree murder last month and sentenced to life in prison.

What the prosecution has to prove: [More...]

The citizens of Valentine, Nebraska can resume their normal lives now that the notorious Butt Bandit has been captured.

Beginning in spring of 2007, a mystery vandal visited businesses at night, pressing his naked behind — sometimes his groin, sometimes both — on windows. The marks were made with lotion or petroleum jelly ...

The Butt Bandit (who really isn't much of a bandit despite the entertaining alliteration) terrorized the good people of Valentine with his cheek imprints during the last two summers. He took a break during the winter, presumably due to the discomfort of dropping trou in frigid weather. Despite concern that copycat criminals might leave their own moon imprints on Valentine's windows, Cherry County Attorney Eric Scott said:

"This isn't normal behavior for Valentine"

That's reassuring. (Note: Rumors that the Bandit's actual name is Seymour Butts turn out to be unfounded.)

They have a strange way of doing things in Texas, at least in Willacy County where the prosecutor persuaded a grand jury to indict Dick Cheney and Alberto Gonzales. Usually the indicted person has to be hauled in front of a magistrate for an arraignment. In Willacy County, they have to go get the district attorney.

In the latest bizarre development in the case, the lame-duck prosecutor who won the indictments was a no-show in court Wednesday. The judge ordered Texas Rangers to go to Willacy County District Attorney Juan Guerra's house, check on his well-being and order him to court on Friday.

Cheney and Gonzales, on the other hand, get to stay home. In a disappointing bit of news, Presiding Judge Manuel Banales said that Cheney, Gonzales and the other indicted defendants will not be arrested. Banales' decision is understandable. Wouldn't you be a little worried that signing an arrest warrant for Dick Cheney would be a lot like signing your own death warrant? [more ...]

This is just too fun:

Vice President Dick Cheney and former Attorney General Alberto Gonzales have been indicted on state charges involving federal prisons in a South Texas county that has been a source of bizarre legal and political battles under the outgoing prosecutor.

Just writing the headline was a joy-rush. Unfortunately, of all the real and imagined crimes for which Cheney and Gonzales deserve indictment, these are far down the list. Don't expect Cheney or Gonzeles to do the perp walk any time soon.

Willacy County District Attorney Juan Angel Guerra brought the indictment, but as he said, "the grand jury is the one that made those decisions, not me." Guerra has an interesting history: [more ...]

Former New York Governor Eliot Spitzer got good news today. Federal prosecutors announced they will not file charges against him.

"I appreciate the impartiality and thoroughness of the investigation by the U.S. Attorney's Office and I acknowledge and accept responsibility for the conduct it disclosed," Spitzer said in a statement today. "I resigned my position as Governor because I recognized that conduct was unworthy of an elected official."

That Spitzer won't be charged is only part of the story. The real news is that Spitzer has been cleared of financial wrongdoing.

Prosecutors had considered bringing charges connected to money laundering, or "structured withdrawals" to hide illegal movement of funds.

"After a thorough investigation, this office has uncovered no evidence of misuse of public or campaign funds," said U.S. attorney Michael J. Garcia.

As to no filing of prostitution-related charges, he was treated the same as everyone else:[More...]

Here are more details of the arrests in Tennessee today.

Agents seized a rifle, a sawed-off shotgun and three pistols from the men when they were arrested. Authorities alleged the two men were preparing to break into a gun shop to steal more.

Here is the Affidavit in support of the Complaint against Daniel Cowart and Paul Schesselman which has been unsealed.

The Affidavit says both Cowart and his alleged partner Schlesselman have confessed their plan and provided details.

Another person mentioned is Cowart's friend, a woman named Danni Stafford. Since she wasn't charged, I'm assuming she's the one who dropped the dime on the two guys. According to the complaint, she agreed to assist them in a home robbery by driving the car. She drove them to the house the pair were going to rob and then drove to a waiting area. A dog and two cars scared the guys off and they called her to come back and get them. She did, they all left, and she went home.

ATF claims to have foiled a plot by two neo-Nazi skinheads "to assassinate Democratic presidential candidate Barack Obama and shoot or decapitate 102 black people in a Tennessee murder spree."

Jim Cavanaugh, special agent in charge of the Nashville field office for the Bureau of Alcohol, Tobacco, Firearms and Explosives, said the two men planned to shoot 88 black people and decapitate another 14. The numbers 88 and 14 are symbolic in the white supremacist community.

ATF says the alleged conspirators intended to rob a gun store, then target an unnamed high school with a predominately African-American student body, and then go on a nationwide killing spree culminating in Obama's assassination. As disturbing as this news is, it doesn't appear that the two men even took the first step of obtaining guns.

Update: The judge released jury questionnaires today.

Jury questionnaires released Saturday show that five of the 12 jurors disagreed with the 1995 verdict that cleared Simpson of murdering his ex-wife and her friend in Los Angeles.

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O.J. Simpson is sitting in the Clark County, NV jail today, undoubtedly wondering whether he has any strong grounds for appeal of last night's jury verdict in his Las Vegas robbery/kidnapping trial.

Jury selection sounds like a fertile area. Not only did the prosecution excuse the final two African American members of the jury (leaving two alternates who didn't get to serve) but here's what one juror said today:[More...]

Update: O.J. guilty on all counts, live blog of verdict below.

The verdict in the O.J. Simpson trial is about to be read. Streaming live site is here or here.

It was 13 years ago today that the jury reached a not guilty verdict in his murder trial.

The jury has been deliberating since 8:30 a.m. this morning. The jury instructions are here (pdf). From the Las Vegas Sun:

The charges they face include 11 felonies (Conspiracy to commit kidnapping; conspiracy to commit burglary; burglary while in possession of a deadly weapon; and two counts each of first degree kidnapping with use of a deadly weapon; robbery with use of a deadly weapon; assault with a deadly weapon; and coercion with use of a deadly weapon. They also face one gross misdemeanor, conspiracy to commit a crime.

The jury has the power to drop "use of a deadly weapon" from the nine weapons-related charges if they choose to do so.

I watched the closing arguments this afternoon at The Legal Edge. I finished feeling nervous for O.J., thinking he needs a holdout. With the verdict coming in this soon, I'm not optimistic he got one. And yes, I'm rooting for O.J.

I'll live-blog the verdict below.

Judging from the media reactions to Thursday's oral argument in former Qwest CEO Joe Nacchio's insider trading case, held before 9 judges on the 10th Circuit Court of Appeals, Mr. Nacchio faces some sleepless nights ahead waiting for the final decision on whether he gets a new trial or goes directly to jail.

Rocky Mountain News reporter Jeff Smith, who has been writing on the case since the beginning and who attended yesterday's arguments reports it was all very technical and about "the rules." But the Judges seemed more interested in peppering Nacchio's lawyer with questions than it did the Government's counsel.

More....