Tag Archives: Arrest

Juvenile Cases in Honolulu

Juvenile Cases in Honolulu

Your office phone rings just as you were about to begin a project. It’s the principal from your child’s school saying that your son or daughter has been arrested. Then they go forward and explain one of three things:

1. A scenario describing your son as the most horrible black-hearted monster that you’ve never met and cannot imagine.

2. A school day prank that would’ve rated no more than an afternoon in the principal’s office during the days we went to school.

3. The scariest of all: nothing. Just come down. The juvenile police have some questions they want to ask you.

The problem with the juvenile system is that the case can follow your child, even past when they become an adult. It is important, from the earliest stages, to have someone who can explain the system to you, to minimize the trauma that is guaranteed to occur.

Recent Juvenile Arrests

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I Was Railroaded — Wrongfully convicted

Marcus Landsberg, wrongfully convicted, the innocent, innocent, DNA evidence

Click on the photo to see Marcus Landsberg's criminal record

I don’t remember being subpoena’ed for this case.  I strongly believe I was railroaded and cannot be guilty of this.  I would point out I don’t remember doing 6 months of hard labour, so it is quite possible there is a warrant out for me now.

The proper closing closing argument for the prosecutor in this case should be:

When he stole the brooch,

He screwed the pooch!

I really hope someone said that in court some way.

Can I write this stuff on a Law Firm blog? Hence the title: Not an Advertisement…

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Better Believe It

Defense work.  That’s why Strauss Kahn is set free on no bail.

The Prosecutor’s had their case all set: ”The proof against him is substantial. It is continuing to grow every day as the investigation continues,” Assistant Dist. Atty. John McConnell told the judge then. “We have a man who, by his own conduct in this case, has shown a propensity for impulsive criminal conduct.”

But something changed.  What changed is that Strauss Kahn and his Defense Attorneys started looking at the accusation with a “critical eye”.  Looking with a critical eye is the basis of our system of justice.  The reason we have an adversarial system, as opposed to France, for example, is that it is simply human nature to find a ball and run with it.  Once you believe in something, everything you see or do is proof of that belief.

Watch, on a day when you feel bad, your husband cooked breakfast you didn’t want, you’re stuck in traffic 10 minutes too long, and were almost in a car accident next to you. Maybe you should have stayed in bed.

On a day when you feel good, you didn’t have to cook breakfast, you got to listen to your favorite radio station 10 more minutes, and your life was saved when a car got into an accident with another car besides yours.  I got to say it was a good day.

Police, Prosecutors, investigators are all human.  Then arrive at a scene and they want to find out what happened.  They want to believe no one’s lying to them. And generally, without blatant indisputable evidence to the contrary, they do believe.

Prosecutor’s often differ as to what level they need to investigate a case.  Often there are time limitations on both the police and prosecutor’s investigations.  There is always manpower limitations.  Science limitations, specialized knowledge limitations, access limitations.

To the Police and the Prosecutor’s, this makes Strauss-Kahn a sitting duck:

Prosecutors get one version of a story, and consider anything that opposes it to often be a lie.  Furthermore, they often don’t get an opposing point of view.  First, the lack of investigations on cases that do not involve the Chief Executive Officer of the IMF are often astounding.  Furthermore, because of the Fifth Amendment to the Constitution, they almost never get the Defendant’s side of the story before an arrest is made.  And after the arrest is made, the goal is to convict, not to find out the truth.

Strauss Kahn, by engaging with a competent Defense lawyer as soon as he was able, has got the Prosecutors to do almost a 180.  His attorney was able to get a judge to question the maid’s history, and how much of it she related to the Prosecutor and the police.  They were also able to show that her recitation of the surrounding facts show much to be desired, although they don’t let us know yet exactly what those facts are.  The prosecutor saw a duck and went duck hunting.

Unfortunately, the fundamental failure in our judicial system is that, no matter what, Strauss-Kahn has already lost his job.  He has already probably lost his support to run for president of France.  And for the rest of his life, whenever you google his name, you will see this:

So go back up and look at your sitting duck, and now all you see is a cute, cuddly, bunny rabbit.

2 Comments

Tone Loc, NO!

$50,000 for bail on an abuse charge?  In Hawaii the going rate would be closer to $2,000, or maybe $11,000-$15,000 for a felony.  Once it gets into that range, we’re talking a class A or B felony.

I have no facts as to what may have happened, outside the newspaper article, but to completely speculate:

She said, “I’d like a drink,” I said, “Ehm – ok, I’ll go get it”
Then a couple sips she cold licked her lips, and I knew that she was with it
So I took her to my crib, and everything went well as planned
But when she got undressed, it was a big old mess, Sheena was a…


Hawaii Criminal Defense: The Legal Blog

Issues in Hawaii Law.

Below is a collection of Articles I've written about Hawaii law.  Most are about criminal defense, Honolulu trial work, or future legal trends. Courtroom experience is probably the most common.  Others are comments on local or national law.  Hopefully there is something for you to find and enjoy.  If nothing else, you'll see the way I feel about certain issues, and the thought processes I put into legal problems we solve.

And some stories are just too funny NOT to tell.......

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