News

Survey: Justice System Contributes to Unemployment Problem

Has the U.S. justice system contributed to the nation's unemployment problems? Survey data from the National Association of Criminal Defense Lawyers suggests that more than half of released ex-offenders remain unemployed up to a year after their release from custody. Nearly 65 million Americans have a criminal record, and this carries with it potential mandatory restrictions on jobs, housing, education and public assistance. The federal government and every state imposes some sort of “collateral consequence” to arrests or convictions. Some of these restrictions make sense -- but some may not, The Daily Herald reports in a Washington Post story.

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Hamilton County Starts Cold Case Unit

Hamilton County District Attorney Neal Pinkston is launching a new multiagency division to investigate cold cases, the Chattanooga Times Free Press reports. The unit will start working on cold homicide cases where there is some evidence to go on, Pinkston said, whether that's witnesses or physical evidence. Old DNA evidence may be retested with new techniques; also, he said sometimes witnesses are more willing to talk after years have gone by. Chattanooga police have 113 unsolved homicides recorded between 1976 and Jan. 1, 2014.

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Court Denies Access to Records in Vandy Rape Case

The Tennessee Court of Appeals has denied access to records related to a Vanderbilt University rape case in which four former football players await a November trial, the Tennessean reports. At issue during oral arguments in June was how the state's laws on open records, fair trials and victims' privacy rights intersect as cases move through the courts. The three-judge panel ruled Tuesday that records sought by The Tennessean and a media coalition should not be made public because they are part of a continuing police investigation. The publication’s news director said they are considering an appeal.

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AG Eric Holder to Leave Post

Eric H. Holder Jr., who made history as the nation’s first African American attorney general, plans to leave his post as soon as a successor is confirmed, the Washington Post reports today. His departure was not unexpected. Holder drew tributes from Democrats and others, who called him an influential proponent of civil rights and criminal justice reform, but also criticism from Republicans, who have blasted him as a liberal activist focused more on pursuing his own agenda than enforcing the law.

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Federal Prison Population Drops

The federal prison population has dropped this year by roughly 4,800 inmates — the first decline in decades, Attorney General Eric Holder said Tuesday at a criminal justice conference in New York City. 
With more population drops expected in the future, Holder says law enforcement needs to measure success by more than just prosecutions and convictions, WRCB has more.

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Memphis Couple Donates $10K to Test Rape Kits

A Memphis couple has donated $10,000 to help process untested rape kits in their hometown, News Channel 3 reports. Developer Nick Brown, who builds homes with safe rooms, said he and his wife Tracey made the donation because they “just felt it had to be done.” A total of $3.75 million is still needed to finish the testing. In addition to the Brown’s contribution, the state has chipped in $500,000, the city has kicked in $1.5 million and the Plough Foundation has given $750,000. There may new federal resources on the way as well. Last week, Congress sent President Barack Obama legislation renewing funding for states to process untested rape kits. 

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Court Clerk Must Shut Down Bonding Business, Judge Rules

Recently elected Circuit Court Clerk Melissa Harrell must shut down her family's Rutherford County bail bonding business to comply with state law, a judge ruled Wednesday. Senior Judge Ben Cantrell of Nashville, who presided over the case because all local judges had recused themselves, said the law prohibits any Circuit Court clerk from being able to benefit from the issuance of a bond, which is a conflict of interest.

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Court Seeks Comments on Rule Change Package

The Tennessee Supreme Court has published the annual package of recommendations from the Advisory Commission on Rules of Procedure and Evidence. Proposals include new authority for appellate courts to suspend rules; requirements for electronic copies of transcripts; specification of the color of application responses and amici in TRAP 9 and 11 matters; and refinement of criminal contempt provisions. Four TBA sections — Appellate Practice, Litigation, Tort and Insurance Law, and Criminal Justice — will review the recommendations and propose comments on behalf of the association. Comments on the proposals are due Nov. 27.

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Death Row Inmates Contest Electric Chair

Ten death row inmates already challenging Tennessee's lethal injection protocol were permitted by a judge yesterday to amend their lawsuit to include objections to the use of the electric chair, the Tennessean reports. The General Assembly passed a law earlier this year allowing prisoners to be electrocuted if Tennessee Department of Correction officials were unable to obtain the drug used for lethal injection. The death row plaintiffs say the new law violates the U.S. and Tennessee constitutions. Among other things, they say it violates evolving standards of decency and that the law is too vague.

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DOJ Partners with Researchers to Address Police Bias

Broadening its push to improve police relations with minorities, the U.S. Justice Department has enlisted a team of criminal justice researchers to study racial bias in law enforcement in five American cities and recommend strategies to address the problem nationally, Attorney General Eric Holder announced this week. The police shooting of an 18-year-old in Ferguson, Missouri, underscored the need for the long-planned initiative, Holder said in an interview with the Associated Press. The program will involve training police officers on issues of racial bias, data analysis and interviewing community members. 

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Slatery Addresses Amendment 2, Upcoming Term

Newly appointed state Attorney General Herbert Slatery was in Knoxville yesterday with former Gov. Phil Bredesen campaigning for Amendment 2 to the state constitution. When asked by reporters how he would differ from his predecessor, Slatery said, “I think I will do it differently, which is not to say better. I am a people person. I like to build relationships.” Slatery also said he will spend time talking to legislators. “I want to see all of the sides of an issue,” he explained. Finally, he pledged the office would continue fighting Medicare fraud and protecting consumers. Knoxnews has more.

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Recidivism Among Key Topics During Hearings

The Tennessee Senate Judiciary Committee held two hearings this week to discuss criminal justice reform in the state. Led by Sen. Brian Kelsey, R-Germantown, the group focused on what other states are doing and what Tennessee should do to reduce prison populations and recidivism. The committee heard from a wide range of interest groups on the matter, from the ACLU of Tennessee on the left to the nonpartisan VERA Institute of Justice in the middle to the conservative Heritage Foundation on the right. Oddly enough, the groups agreed on many of the fixes, the Tennessean reports. They also share the view that Tennessee has a criminal justice problem: it locks up more people than most states but had the highest rate of violent crime in 2012.

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Death Row Inmate Asks Court to Postpone Execution Date

Death row inmate Billy Ray Irick is asking the Tennessee Supreme Court to postpone his Oct. 7 execution pending the outcome of a challenge to Tennessee's execution protocol, WRCB reports. Last December, the court moved Irick's execution date from January to October because of the pending lawsuit. Irick and nine other death row inmates are challenging the state's new one-drug lethal injection protocol, which replaces a three-drug protocol. The attorney general's office argues that other states have found similar one-drug protocols to be constitutional.

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Appeals Court Upholds Christian-Newsom Torture-Slaying Sentence

A state appeals court has upheld the conviction and sentence of Letalvis Cobbins, one of the men convicted of participating in the kidnapping, torture and killing of Knoxville couple Channon Christian and Chris Newsom in 2007. Cobbins claimed his trial was tainted by the drug use and misconduct of former Knoxville Criminal Court Judge Richard Baumgartner, who resigned from the bench and pleaded guilty to official misconduct in March 2011. A three-judge panel of the Court of Criminal Appeals found that the Tennessee Supreme Court already ruled that Baumgartner's conduct outside the courtroom did not prevent Cobbins from receiving a fair trial. The Chattanooga Times Free Press has more.

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Memphis Police Find More Rape Kits

Memphis police have found 196 more untested rape kits in previously unsearched areas where evidence is stored, according to the Memphis Daily News. The kits date back to 1976 and bring the total number of backlogged kits to 12,360. The department said the recent finds were not listed on any evidence inventory and were found while officers searched for evidence to aid in the processing of existing kits. Acknowledging the task ahead, Memphis Police Director Toney Armstrong said, “It is going to be a long process. It’s probably going to be a multi-year process.”

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East Tennessee AUSAs Recognized by DOJ

Assistant U.S. Attorneys (AUSAs) A. William Mackie, Perry H. Piper, Gregg L. Sullivan and Jeffrey E. Theodore of the U.S. Attorney’s Office in the Eastern District of Tennessee were four of the 243 Department of Justice employees recognized by Attorney General Eric Holder at the 30th annual Director’s Awards Ceremony in Washington D.C. U.S. Attorney Bill Killian, who oversees the four, praised them saying, “The awards given to these particular AUSAs highlight their accomplishments and achievements in cases involving national security concerns, the highest priority for the Department of Justice. It is gratifying that these AUSAs are recognized nationally for their exceptional work.” The Chattanoogan has more.

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DCS Asks for Security Audits at Juvenile Facilities

A preliminary report sent to Gov. Bill Haslam by the Department of Children’s Services (DCS) calls for a security audit of the state’s youth development centers following two incidents last week at the Woodland Hills Youth Development Center in Nashville. The first incident, which occurred last Monday night, involved the escape of 32 teens, five of whom are still at large. Two days later, 24 detainees broke into the yard wielding sticks and spraying a fire extinguisher. The audit would examine security protocols at Woodland Hills as well as at Wilder Youth Development Center in Somerville and Mountain View Youth Development Center in Dandridge. WCYB News 5 has more.

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Governor Offers Reward for Franklin Cold Case

Gov. Bill Haslam has announced a $5,000 reward for information leading to the apprehension, arrest and conviction of the person or persons responsible for the murder of Franklin resident Peggy Cox on Feb. 1, 1991. Cox, a 49-year-old widowed mother of three, was shot while working the drive-thru window at Hardees. The case was never solved and has now been reassigned to a Franklin Police Department criminal investigator serving on an FBI Violent Crime Task Force. Kim Helper, district attorney general for the 21st Judicial District, requested that anyone with information call the police at (615) 794-2513 or email Chief Deb Faulkner. Hob Nob Franklin has more on the story.

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Memphis DA Investigating Parking Lot Attack

Shelby County District Attorney General Amy Weirich says her juvenile prosecution team will take on responsibility for making sure justice is done for the victims of a mob attack Saturday night at a popular Memphis shopping center, WMC News 5 reports. Weirich says it is too early to say whether the attacks were racially motivated, but suggests there may be enhanced charges because the assaults happened in a mob setting. Police have downplayed the idea that the attack against an unsuspecting customer and two teenage employees was a hate crime or a gang-related incident. They already have arrested and charged 10 teenagers and one adult, but are asking for the public’s help in identifying additional suspects.

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New DAs Making Mark on Offices

As new district attorneys take stock of the offices they have inherited, a number are pledging to do things differently. In Knox County, Charme Allen has made a number of personnel changes, including naming ADA Samuel Lee to serve as her chief deputy, Bill Crabtree as head of the special units division, Leland Price as deputy DA over criminal court cases and Kyle Hixson as deputy DA over general sessions cases. In Putnam County, Bryant Dunaway plans to start dealing more harshly with repeat offenders, reduce the use of plea bargains and reduce the illegal sale and abuse of prescription drugs. In Rutherford County, new DA Jennings Jones is working to secure funds to hire a DUI prosecutor. And in Carroll County, Matt Stowe has pledged to open a number of cold cases, including the Holly Bobo case, and is considering hiring an assistant DA to handle such cases. Read more about these changes in Knoxnews, the Herald Citizen, the Murfreesboro Post and WSMV TV.

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ABA Releases Opinion on Prosecutors’ Ethical Duties

The ABA Standing Committee on Ethics and Professional Responsibility today released Formal Opinion 467, which deals with the managerial and supervisory obligations of prosecutors under Model Ethics Rules 5.1 and 5.3. The opinion finds that (1) prosecutors with managerial authority must adopt reasonable policies and procedures to ensure all lawyers and non-lawyers in their office conform to model rules, (2) prosecutors with direct supervisory authority must make reasonable efforts to ensure all lawyers and non-lawyers they supervise conform to the rules, and (3) prosecutors with both managerial and supervisory authority may be required to fulfill both sets of obligations.

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Criminal Court Clerk’s Account Low in Funds

Incoming Knox County Criminal Court Clerk Mike Hammond walked into an empty office this week, with a nearly-empty checking account to match, Knoxnews reports. Outgoing clerk Joy McCroskey, as one of her last acts in office, left Hammond with $600,000 in surplus fees — less than the recommended amount to operate payroll, according to Hammond. Surplus fees are commonly turned over by offices including the court clerk, register of deeds and others that collect money while handling the county’s business. McCroskey’s office has been criticized for a series of errors leading to wrongful arrests of some Knox County residents. She declined to seek reelection this year.

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Domestic Abuse Victims Group Calls for Reform

In the wake of a high profile murder-suicide in Shelby County this week, domestic abuse victims’ advocates gathered Wednesday to demand changes to the system. The crime was perpetrated by a husband with a lengthy history of domestic violence against a wife who had initiated three separate protection orders against him; all were dismissed, the Commercial Appeal reports. “The way the system is set up now, the burden is on the victim,” said Olliette Murry-Drobot, director of the Family Safety Center. Most victims of domestic violence earn less than $25,000 per year, Murry-Drobot said, and they have to deal with divorce filings, child custody issues, related criminal cases and order of protections all by themselves and in different venues because Shelby County has no centralized family court.

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Injunction Denied After Disputed Election

Senior Judge Don Ash has declined the Monroe County Democratic Party’s request for an injunction to delay Randy White from taking office as Monroe County sheriff until all court hearings are complete, the Advocate and Democrat reports. The Democratic Party and outgoing Sheriff Bill Bivens’ lawyer allege that since White had not met the requirements to run for or serve as sheriff, he should not be allowed to take office until a final ruling is issued. Bivens has argued that since White was not eligible, all of the votes he received in last month’s election should be declared invalid and tossed out. Bivens goes on to say that under that scenario, he should be declared the winner or the county commission should appoint an eligible sheriff.

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Monroe County Votes to Buy Land for New Jail

The Monroe County Commission voted 8-1 Tuesday morning to purchase land for a new jail. The county’s need for a new jail may have been given an extra impetus after newly-elected 10th Judicial District Attorney General Steve Crump announced it would be the policy of his office for a first-time parole violator to receive a 30-day sentence, while a second-time parole offender would have to serve their entire sentence. County officials also said last week they had been told by two state officials the county would have to show progress or risk losing its jail certification this month. The county will buy 20 acres on New Highway 68 just down from Warren Street in Madisonville for of $450,000. Estimates on how much it will cost to build a jail have varied anywhere from $15 million to $30 million, The Advocate and Democrat reports.

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