Category: Recent News

Blood Draw, Criminal Defense, DUI, Legal Blog, Recent News

Goodman Hearings Continued

caseyreiteresq

The continuation of the Goodman hearings in advance of the October 6th re-trial date are underway again this morning. As discussed in last week’s article, Goodman’s retrial regarding the highly publicized 2010 Wellington crash that resulted in Scott Patrick Wilson’s death is scheduled to begin on October 6, 2014. Today, one of the issues to be discussed is the validity of the blood alcohol test results due to the methods used to collect Goodman’s blood after the fatal crash.

Laura Barfield, a former crime lab analyst at FDLE (Florida Department of Law Enforcement), took the stand this morning to testify about the blood testing methods used in the Goodman case. Barfield was the manager of the alcohol testing program at FDLE in 2010 during the initial testing of Goodman’s blood. However, she resigned in April of 2013 in the wake of a scandal involving her alleged charging of personal expenses on her State credit card.

Barfield testified this morning that there are various steps necessary when taking a blood draw and testing that are all important to obtain the proper result. For example, the use a non-alcohol wipe is crucial so as not to introduce outside alcohol into the blood sample when blood is being drawn. Additionally, the Goodman defense team has raised the argument that Goodman’s blood alcohol test results are flawed because the wrong sized needle was used; however, according to Barfield, the testing rules do not require a certain sized needle to be used.

The hearings will continue today and go through Wednesday. The Palm Beach Post has a live feed of the testimony, found here.

In Florida, blood tests are typically the most accurate of the alcohol level tests, but also are considered to be the most invasive. As a result, blood draws are only permitted in limited circumstances (without consent), such as where there was an accident involving great bodily injury or death. In Florida DUI cases, defense attorneys are sometimes able to argue that blood results are invalid and should be suppressed for a variety of issues, including: the use of an alcohol swab to clean the skin before the blood is drawn (as discussed above); testing blood serum as opposed to a whole blood sample; the ingestion of certain prescriptions, medicines, vitamins and foods that could affect the blood results; fermentation in the sample vial; an insufficient sample amount due to blood coagulation; blood vial mix ups; and blood vial contamination.

A Palm Beach DUI lawyer can investigate these potential defenses when someone has been charged with a driving under the influence charge involving a blood draw.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Recent News

South Carolina Trooper Shoots Unarmed Man

caseyreiteresq

Camera evidence from a State Trooper’s dash-cam was released today, showing a South Carolina Trooper shooting an unarmed man on September 4, 2014.

The shooting took place during what was supposed to be a routine traffic stop. The victim was allegedly pulled over for not wearing a seat belt. When the trooper asked the man to provide his driver’s license, the man reached into the vehicle to retrieve it. This is when the trooper began firing at the man, shooting him in the hip.

The trooper was reportedly fired last week, and faces up to 20 years in prison if convicted of the charges he is facing: aggravated assault and battery.

The full video can be found here.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Recent News

Aaron Hernandez – Evidence Suppressed in Murder Trial

caseyreiteresq

On Wednesday, prosecutors in the Aaron Hernandez case announced that they would not fight the defense’s request to suppress evidence of four boxes of .45-caliber ammunition allegedly found by detectives in an apartment rented by Aaron Hernandez, or evidence of a loaded magazine for a .45-caliber Glock pistol allegedly found by detectives in a Hummer registered to Aaron Hernandez.

In agreeing to not oppose the motion, Prosecutors also asked that Judge E. Susan Garsh seal the defense motion itself, arguing that it contained a reference to a polygraph test which determined that co-defendent, Carlos Ortiz, was not truthful when he denied shooting Odin Lloyd shortly after the shooting took place, and that “no legitimate purpose would be served by continuing to permit media access to [Hernandez’s] motion that references the results of Ortiz’s polygraph examination.” The judge rejected the request to seal the defense motion, according to court records.

Commonwealthv. Aaron Hernandez (1)

The announcement on Wednesday resolved the first of what is expected to be a flurry of defense motions to suppress evidence in the months preceding trial. Former Gator Football player, Aaron Hernandez, is scheduled to begin trial on January 9, 2015 for the 2013 murder of Odin Lloyd. Prosecutors have contended that Hernandez orchestrated the murder of Lloyd by having co-defendants, Ortiz and Ernest Wallace, Jr., meet Hernandez with Lloyd in a secluded field, and allegedly “gun down” Lloyd. Hernandez has pleaded Not Guilty to the charges.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Marijuana, Recent News

News Reporter Quits On-Air over Marijuana Reform in Alaska

caseyreiteresq

On Sunday night, an Alaskan TV reporter made headline news when she quit live on air.

KTVA-TV reporter, Charlo Greene, announced on air Sunday, “. . . I, the actual owner of the Alaska Cannabis Club, will be dedicating all of my energy toward freedom and fairness, which begins with legalizing cannabis in Alaska. And as for this job, well not that I have a choice but… f*** it, I quit.”

Later, Ms. Greene released a video, found here, explaining her reasons for quitting and her role as CEO of the Alaska Cannabis Club. On November 4, 2014, one of the issues before Alaskan voters will be Ballot Measure 2, the initiative to Regulate Marijuana Like Alcohol in Alaska.

Meanwhile, Florida, voters will be faced with Amendment 2 on the November ballot, would allow for much broader medical use of marijuana. Presently, the new Florida Marijuana law called the “Compassionate Medical Cannabis Act,” or “Charlotte’s Web,” legalizes medical prescribed cannabis oil for very limited and severe medical issues.

Recreational possession and use of marijuana is still illegal in the State of Florida. Possession of marijuana, regardless of the form, in an amount of 20 grams or less can be charged as misdemeanor, with penalties of up to one year in county jail, fines, and a one year driver’s license suspension. Possession of drug paraphernalia (including, but not limited to: grinders, scales, and pipes) is also still a misdemeanor, punishable by up to one year in jail.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, DUI, Legal Blog, Recent News

Goodman Hearings

caseyreiteresq

In the ongoing Palm Beach County DUI manslaughter case of Goodman v. State, the first of three days of hearings began today. Goodman’s retrial regarding the highly publicized 2010 Wellington crash that resulted in Scott Patrick Wilson’s death is scheduled to begin on October 6, 2014.

Previously, Chief Circuit Judge Jeffrey Colbath had ordered that jurors will be taken from out of town and brought to Palm Beach County for the retrial, in an attempt to avoid an unfair trial due to the publicity this case has received. Defense attorneys argued this morning a renewed motion to have the whole trial moved to a different town, instead of shipping out-of-town jurors to Palm Beach. Defense attorneys for Goodman argued that the cost to bring in out-of-town jurors would not only be exorbitant, but that jurors sequestered from out of town are historically more likely to convict a defendant as a result of their anger at being away from their homes for extended periods of time. Judge Colbath denied this request. In his ruling, the judge did express concerns regarding the expenses of the jury sequestration, discussing that it cost $33,000 to sequester George Zimmerman’s jury and approximately $187,0000 to sequester Casey Anthony’s jury. However, it would be expensive to sequester a jury picked within the confines of Palm Beach, as well.

Judge Colbath is expected later today to rule as to whether potential jurors will be from Jacksonville or Tampa. Jury selection will take place in one of the cities, and after selection is completed, six jurors and up to four alternates will be brought back to Palm Beach County. The selected jurors will be sequestered for the entire trial, which is expected to last nearly one month.

More hearings are scheduled to take place tomorrow and Wednesday on various issues, including: Goodman’s vehicle, which was released by prosecutors as evidence, the validity of Goodman’s blood alcohol test, and the testimony of a Wellington bartender.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.