Monday, December 28, 2015

Not Much

There's not too much that went on over the weekend, but there's one story that is at least interesting.

  • An off-duty Metro officer and her husband both shot at what they believed to be an intruder. Turns out it was a relative who is now in stable condition. There will likely be no charges since it was an accidental shooting. What do you think? [LasVegasNow]
  • Anything else going on out there?


  1. IMO the outcome of that situation would not be the same if it weren't a Metro officer and her husband...

  2. Have any of you watched the Making a Murderer doc on Netflix? I don't practice in criminal law, but it seemed pretty obvious the individuals in question were railroaded by the system (especially the 16 year old). Granted, I think the doc was biased towards them. Would love to hear thoughts from local criminal defense attorneys who have watched? Have they ever seen similar issues locally?

    1. Agreed that they were railroaded. It can be a very scary thing when a prosecutor gets behind a crappy case.

      There's a local case involving a woman named Kirstin Lobato. She was convicted of killing a homeless man and cutting off his penis. Her case is laughably bad -- no relationship with the victim, no evidence connecting her and the victim, victim allegedly raped a woman days prior to his murder, male DNA taken from the scene didn't match the victim or the (female) suspect, semen found in the victim's rectum (did I mention the person sitting in prison for this crime is a woman?), Bill "Reversed and Remanded" Kephart prosecuted, theory of the case was that she wanted meth and killed the victim when he tried to get her to pay for it with sex, victim had no history of dealing meth (which begs the question, when was the last time you met a crack-addicted, homeless meth dealer?), and on and on.

      Of course, no impropriety happened at the CCDA's office and they have no intention of backing off their continued prosecution. Wolfson could have righted a wrong, but......

    2. The railroading issues are an issue at the state level. At the Federal level locally, it is a brutal, brutal system. Evidence is manufactured. Documents are not turned over until the eve of trial or in the middle of trial. The AUSAs actively lie in their documents (even in fraud cases which is extremely ironic). I am law and order conservative in many ways but you cannot see the egregious issues which the USA gets away with and people whose lives are ruined and not shake your head.