Arizona DUI Lawyer

Man challenges court jurisdiction on his DUI cases

2009-10-28T02:33:00.000-07:00

KINGMAN - A local man says Mohave County Superior Court has no jurisdiction in prosecuting him for driving under the influence.

Rex Carl Sagely, 60, was arrested shortly after midnight on Jan. 2, after a deputy with the Mohave County Sheriff's Office said he observed Sagely's gray Ford pickup swerve into the other lane while traveling northbound on Patsy Drive.

Sagely was taken into custody after deputies performed a field sobriety test. Sagely refused a breath-analysis test while at the Sheriff's Office and was transported to Kingman Regional Medical Center, where his blood alcohol content tested at .147, nearly twice the legal limit.

Sagely's January arrest was his third DUI arrest in the last year. He was arrested last August and September by Mohave County Sheriff's deputies and each time refused the breath-analysis tests. Those cases are still open.

At an evidentiary hearing Thursday, Sagely, who is serving as his own attorney, said he believed the search warrant used to obtain his blood was not signed by a judge before the sample was taken at the hospital. The deputy who arrested Sagely testified at the hearing that he obtained the judge's signature before transporting Sagely to the hospital. He said he may have made copies of the warrant before taking it to be signed.

Sagely said the copy provided to him by the deputy was not signed. Judge Rick Williams said it was possible Sagely was provided with a copy of the warrant made before it was signed by a judge and denied the defense's motion to suppress the blood evidence.

Sagely has filed several motions to have the case thrown out of court before it goes to trial. Sagely joined the Little Shell band of Chippewa Indians five years ago. He said that as a member, he is subject to the tribe's laws, not the state of Arizona's laws.

"I realized I didn't have the rights Native American have," he said.

Sagely cancelled his Arizona driver's license in March 2008 and obtained an international identification card, which he said negates his driving contract with the state of Arizona.

The court says it has jurisdiction in cases that occur on non-tribal land regardless of the defendant's heritage.

Richard Neal, assistant attorney for the tribe, said the court is pre-empting the tribe from enforcing its own law.

"We're entitled to the revenue, not the state of Arizona," Neal said. "The only reason the state is prosecuting is for the revenue."

Sagely admits to having about three to four drinks prior to being pulled over, "but that was sometime prior to getting onto the highway," he said. He said the state has failed to provide him with copies of the original tickets, along with other documents such as copies of federal treaties with Native Americans.

"Denying me the tickets denies me a fair trial," Sagely said.

Williams said Sagely could still conduct pre-trial witness interviews without the original tickets. He also said many of the documents requested by Sagely are "arcane documents" not relevant to the trial and are not in the possession or control of the state.

"I realize there is a difference in opinion in what the defense feels is relevant and what the court feels is relevant," Williams said.

Neal said Williams is "rubber-stamping motions made by the prosecution."

"We know he's going to deny it (defense motions) before he's even heard it," Neal said.

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Know Your DUI Expert

2009-10-15T02:29:00.000-07:00

Let me tell you a tale of two contrasting DUI cases. Both where the attorney and I have worked together in the past. One where the attorney prepped with me in advance, and the second when the attorney didn't

In the first case, based on incredibly good performance on a dash-board patrol camera, the defense attorney was able to asked me questions that lead the jury to have enough reasonable doubt for a full acquittal. That's impressive enough on most DUI cases, in this case the defendant was charged with:

1) Impaired to the slighted degree

2) BAC over 0.08 within 2 hours of driving

3) BAC over 0.150 within 2 hours of driving (AZ Extreme DUI)

4) BAC over 0.200 within 2 hours of driving (AZ Super Extreme DUI)

The attorney in this case is arguably one of the best litigating DUI attorneys in the southern Arizona area. The evidence against the subject was a blood reading of 0.265.

In the second case I wasn't prepped properly for trial. I had read the case material, and in my case notes I had written that the case seemed very weak, and the subject's (who's blood reading was a 0.146) best possible outcome was very likely a regular DUI charge.

There was a lot of documented behavior in the case that would lead to very poor jury appeal.

The issue in the case was that the blood draw occured over 3 1/2 hours after driving. The attorney got me on the stand and made sure I was aware (and the jury was aware I was aware) of the time line of the case. The theory of the case for the defense was that a retrograde extrapolation (a back calculation/prediction of the subjects BAC earlier in time) can't be done from 3 1/2 hours after the time of driving.

His question was something of the effect of - Isn't it true that there is no way to give a reasonable scientifically accurate retrograde extrapolation 3 1/2 hours after driving, and with no eating or drinking history?

My answer was something to the effect of - "Accurate scientific and retrograde extrapolation" are oxymorons. Be that as it may, without an eating and drinking history, in Arizona it is still generally accepted to retrograde back to the time of the stop +2 hours. Some police scientists might go an hour, others might even go a half hour, but 2 hours would be fine, but we have to remember that based on the literature, the individual's calculated BAC could over-estimate their actual BAC by as much as 10% if they aren't fully absorbed at stop +2 hours.

This wasn't the answer the attorney was expecting, and it basically tanked his case.

Always remember to talk to your expert before they get on the stand. The state's expert can hurt your case, but your own expert can destroy it even quicker if you don't know what their opinions are, and you make assumptions.

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New DWI laws take effect Saturday

2009-09-28T02:28:00.000-07:00

Three new laws targeting driving while intoxicated take effect on Saturday, Louisiana State Police announced today.

The laws offer stiffer penalties to drivers who refuse to take a breath test; make driving with a suspended driver’s license a crime punishable with mandatory jail sentences; and limit defense questioning of police officers during administrative hearings for driver’s license suspension.

The laws, passed during the 2009 Legislature, are:

HB 445 - Strengthens the penalties for refusing to submit to a breathalyzer exam. As a condition of receiving a driver’s license, all Louisianans agree to provide a breath sample when properly requested. blood alcohol content can be the most important piece of evidence in the trial, but without it, prosecution is very difficult. Louisiana has one of the highest rates of refusal to submit to a breathalyzer in the nation. In fact, the national average for refusal of the test is 22.4 percent, but in Louisiana, it is 39 percent.

Laws to require drivers to submit to the breathalyzer are being strengthened nationwide. Refusal is now a distinct crime in 16 states and six states actually use warrants to forcibly obtain blood samples from drivers who refuse. In Arizona, this has decreased refusals from

With this new law, drivers’ license suspension penalties for refusing the breathalyzer will double from 180 days to one year on the first offense – and increase from 18 months to two years on the second offense.

These laws have been found to reduce DWI recidivism and the number of fatal crashes. In fact, he said research shows that license suspensions can reduce fatal crashes by up to 9 percent, which could translate to saving 35 lives in Louisiana in just one year.

SB 166 - Creates a law so that driving without a license that has been suspended due to a DWI arrest or conviction, is in and of itself a criminal offense with mandatory jail time. This new law provides real penalties for those drivers who continue to drive even after their license has already been suspended due to a DWI.

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Florida DUI manslaughter charges for 15 year old driver

2009-09-15T02:21:00.000-07:00

Naples, FL - In March of 2009, tragedy struck in Southwest Florida when a sixteen year old boy was killed in an accident. The driver of the vehicle, then 15 year old Karina Campbell of Naples had an alcohol level of .165, which is more than double the legal alcohol limit for adult licensed drivers.

It is illegal for minors to consume alcohol at all, let alone drive after drinking. If convicted, Campbell faces up to 15 years in jail. However, when you compare this case to Donte Stallworth's, one might surmise that she is likely to get 30 days in jail and a year suspension from school.

"This will be a good test for the justice system in Florida," said Arizona DUI Lawyer Stewart Bergman, who has handled serious vehicular crimes, including manslaughter. "When you look at the Stallworth sentence, it should give her attorneys a pretty compelling argument."

But there are some things that make this case potentially more egregious than Donte Stallworth's case. First is the fact that her victim was young. Second is the fact that he put his trust in her. Third is the fact that she shouldn't have been drinking at all. Fourth is the fact that she was not a licensed driver. And finally, according to reports by the Florida Highway Patrol, she was driving at 70 miles per hour in an 30-mph zone.

There are also reports that Campbell was unremorseful after the accident, and continued to drink, and reports that contradict that. Whatever way you look at this, it is a tragedy for both kids and both families.

We will continue to follow this story as more information becomes available.

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New Texas DWI law weak on offenders compared to Arizona

2009-08-28T02:18:00.000-07:00

Get ready for a tougher time if you are arrested for a Texas DWI. On September 1, 2009 it will be a whole new ball game for people arrested in Texas for certain impaired driving charges.

The new law greatly expands the number of people who can potentially sign search warrants to obtain blood draws. It also gives police officers a stronger and more persuasive voice in demanding that DWI suspects submit to a blood or breath test.

In cases where a persons suspected of DWI has caused an accident the new law says that the person shall be required to submit to a blood or breath sample.

Each year in Texas too many people lose their lives to drunk drivers. Authorities hope that this new law will give prosecutors and police officers an edge.

"We have had search warrants in Arizona DUI cases for years," said prominent Arizona DUI Lawyer Stewart Bergman. "Arizona's law goes one step beyond the new Texas DWI law and allows officers to get a search warrant even when there is no accident. The net effect is that it is extremely rare to see a case here in Arizona where there isn't a blood test, a breath test, or both."

Since blood is the only chemical test that can really be forced, Bergman expects that as more states enact laws like Arizona's, DWI defense attorneys across the nation will get better at defending blood draw cases. "Arizona is ahead of the curve nationally," he explained, "as Arizona DUI defense lawyers haven't had the luxury of straight refusal cases in a very long time." A straight refusal case is where the DUI suspect won't submit to a chemical test and the police officers lack the power, through a search warrant, to secure the evidence.

While states like Arizona may look at the new Texas DWI law and conclude it has no real teeth, the law does greatly expand the authority of officers in certain circumstances. "I expect that each year they will tighten it a little more," said Bergman. "Once prosecutors get a sense of how powerful DWI search warrants are, they will lobby to expand them to other types of DWI cases."

Only time will tell, but history in states like Arizona supports Mr. Bergman's prediction. For now, starting on September 1, 2009, Texas police officers' jobs will be a little easier in the worst type of DWI cases.

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AZ Drunk Driving Lawyer

2009-07-13T20:20:00.000-07:00

The public's outlook on AZ DUI (Driving Under the Influence) and Arizona Drunk Driving Law has altered dramatically over the past several years. DUI is no longer viewed as an unavoidable consequence of commuting.

More and more, Drunk Driving in AZ is looked at as a completely preventive crime and, is a serious offense with severe penalties. Mandatory Arizona jail or prison time, harsh fines, license suspension or revocation, probation or parole and raised insurance costs are some consequences of being convicted of DUI. In 2006, over 90,000 people DUI / DWI charges were filed in Arizona. However, research shows many people arrested and charged with DUI are not guilty because they did not have too much to drink, but they did not have an experienced AZ Drunk Driving Lawyer by their side.

Oftentimes, Arizona police officers who are overzealous, not trained correctly, or who otherwise make mistakes, incorrectly discover a driver who has been drinking is driving while under the influence. Field sobriety tests can be incorrectly administered and misinterpreted. Breath and blood alcohol testing equipment may fail or be improperly used. DUI suspects can be treated unfairly, leading to important constitutional rights not being given, where a knowledgeable AZ Drunk Driving Lawyer can assist you in court.

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Arizona Criminal Defense Lawyer Joshua S. Davidson

2009-07-06T20:14:00.000-07:00

As a Phoenix Criminal Defense Lawyer, Joshua S. Davidson knows the ins and outs of the criminal justice system and applies his knowledge and experience to each and every case he receives. Having been a former prosecutor, he knows how the system works and can maximize your chances of getting a dismissal or having your charges reduced. A seasoned felony prosecutor, Joshua S. Davidson has conducted over 70 trials to a jury, and has also tried hundreds of cases before judges. Well known among judges and prosecutors, he holds a reputation for passionately and aggressively fighting for every client, and he strives to meet those expectations with every case he takes.

Before becoming a Criminal Defense Attorney, Joshua S. Davidson was a prosecutor responsible for all types of criminal offenses, including murder, molestation, DUI, domestic violence, aggravated assault and drug cases. Much of his time was spent in the Major Crimes Division of the Maricopa County Attorney's Office where he handled felony domestic violence cases. As a prosecutor, Joshua S. Davidson argued dozens of motions to dismiss and completed over 70 jury trials, involving charges ranging from DUI to murder.

DUI charges in Arizona can be very harsh. With his wide range of legal knowledge and ability, Mr. Davidson can provide you with an efficient and effective defense when you are in need of a Phoenix DUI attorney. Your case could greatly benefit from the help and experience of a seasoned defense attorney. Joshua S. Davidson will work tirelessly on your behalf in order to help enhance your chances of a positive outcome in your case.

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DUI law in Arizona provided by your Tucson DUI defense lawyer

2009-06-29T19:47:00.000-07:00

There are two different classifications of drinking and driving offenses. First, it is unlawful to drive or be in control of a motor vehicle while under the influence of intoxicating liquor, drug, vapor, or any combination thereof. Second, it is unlawful to drive or be in control of a motor vehicle with a BAC (blood alcohol concentration) of .08 or more within two hours of driving. These are separate charges. A driver can be charged with one or both. Usually, if a driver submits to a chemical test, which results in an alcohol concentration of .08 or more, he/she will be charged with both offenses. If a driver refuses to submit to a chemical test and none is performed nonconsensually, he/she will only be charged with driving under the influence (assuming the officer has enough evidence to establish probable cause for the arrest). A person charged and convicted of one or both of the aforementioned is guilty of a class one misdemeanor.

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Law-firm managers may face sanctions

2009-06-22T19:39:00.000-07:00

The law firm of Phillips & Associates promises aggressive legal defense in its ubiquitous local TV ads.
The State Bar of Arizona says that the consumer law firm's aggression is sometimes directed at its clients and has recommended that the firm managers be temporarily suspended from practicing law.
State Bar investigators cited 22 complaints against the firm dating from 2004 to 2007, and a hearing officer found ethical violations in nine of them. The company denies wrongdoing.
The complaints range from a potentially misleading advertisement to the company's reluctance to refund money to dissatisfied clients.
The hearing officer ruled that Jeffrey Phillips, the firm's founder and namesake, and his associate, Robert Arentz, were responsible for the lapses because they have oversight over the firm's legal and non-legal employees.
In a 126-page report dated March 31, hearing officer Martin Lieberman recommended a 60-day suspension for Arentz and six-month plus one day suspension for Phillips, which would require Phillips reapply for bar membership.
The state Bar licenses and regulates the state's attorneys.
Phillips and Arentz have appealed the recommendation, which must first be considered by the state Bar'sdisciplinary commission and ruled on by the state Supreme Court. That process, as yet unscheduled, can take many months.
Only the Arizona Supreme Court can impose suspensions, disbarment or other punishment against attorneys.
"The firm believes that the few disputed recommendations contain clearly erroneous factual findings and significant legal errors that will need to be corrected on review," Phillips said in a statement.
He also calls the sanctions "grossly disproportionate" to the allegations and the evidence.
In his report, Lieberman called attention to the large caseloads of the firm's attorneys. Lieberman also described the firm's practice of having clients first meet with legal administrators who are not lawyers, but essentially sell the firm's services.
"The findings really go to the structure of the intake process they have at that firm and how that system is really incentivized to get as many people in as possible without any particular safeguards in place," said Maret Vesella, acting chief Bar counsel.
In one complaint, Lieberman zeroed in on a TV commercial warning potential clients to contact Phillips & Associates before tough, new DUI laws went into effect. Lieberman felt that the ads suggested that the law would be retroactive to people already charged with DUI.
Experts, however, generally found that the firm's fees were reasonable.
And in most cases, the reports said, the ethical violations were committed by staffers.
"Because Phillips and Arentz weren't doing it personally, their only liability would be supervisory," said Bar attorney Steven Little.
In their statement, the firm says the Bar collected complaints for three years - a time period in which they represented more than 30,000 clients.
The firm points out that the 22 counts measure out to less than one for every 1,000 clients.
"The firm is pleased that the hearing officer rejected the vast majority of the allegations," the statement said.

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DUI Lawyer Scottsdale launches new website to sort out DUI cases

2009-06-15T19:32:00.000-07:00

DUI Lawyer Scottsdale is sponsored by the Ferragut Law Firm. We are located in Arizona. The Ferragut Law Firm in Arizona is anxious to lead the clients through the launch of its new website duilawyerscottsdale.net to solve DUI cases quickly. This special website is designed to provide online aid to clients in order to make them hassle free from DUI law suits.

DUI Lawyer Scottsdale offers a free initial consultation. The special thing about this company is that people can opt for varied options and rights over the phone or can submit a request for an online consultation. DUI Lawyer Scottsdale will speak about the matter directly. The company walks on the path of commitment, dedication, integrity, and effective representation.

DUI Lawyer Scottsdale has over a decade of experience battling DUI laws and has successfully represented many DUI cases.
In the state of Arizona, it is unlawful for any person to drive or be in actual physical control of a vehicle under any of the following circumstances:
While under the influence of intoxicating liquor, any drug, vapour releasing substance containing toxic substance or any combination of liquor, drugs or vapour releasing substances if the person is impaired to the slightest degree.

While there is any drug or metabolite in the person’s body.In Arizona, a DUI charge is a serious matter and the penalties can be severe. For this purpose, an experienced, aggressive attorney is required to represent the case.

DUI Lawyer Scottsdale.net is the firm who has come forward to protect people that have been accused of driving under the influence. Arizona is tougher now than ever on DUI with the "Expect the Max" policy. But, possessing Max or not, DUI Lawyers are always on the verge to sort out this type of cases.

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Are You Facing an Arizona DUI?

2009-06-08T01:08:00.000-07:00

You are probably worried about jail, your license, ignition interlock devices, your record, your family and your financial security. If you are like most people, you a probably overwhelmed by the complexity of Arizona DUI Law.

At the Bergman Law Office, our goal in every Arizona DUI case is simple: do what is in your best interest. We strive to exceed your expectations.

Once you read this website and call my office to schedule a free initial consultation, I am confident that you will feel better knowing that you are doing everything you can to help yourself.

I look forward to talking with you.

Stewart Bergman, Attorney At Law

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ARIZONA CRIMINAL LAWYER

2009-06-01T01:00:00.000-07:00

Your search for a reliable and proficient Arizona criminal lawyer stops here. Josh Blumenreich has the knowledge of Arizona criminal law and the experience as an Arizona criminal attorney to help you in all matters of criminal defense and representation. If you are looking for a Phoenix criminal attorney, trust our expertise to keep you protected and respected in the criminal defense process. We understand the difficult position in which the prosecution often places you and your family, and we dedicate personal time and attention to your specific legal needs. The Blumenreich Law Firm will be aggressive and competent in defending your legal rights in Phoenix criminal law cases. We can be your Arizona DUI lawyer or represent you in any number of offenses, including:

• Theft and Property Crimes
• Murder and Violent Offenses
• Speeding and other Traffic Offenses

• Possession of Drugs
• Assault

• Domestic Violence
• Sex Offenses

• Narcotics Charges
• And much more.

In addition to his role as a criminal defense attorney, Josh Blumenreich is a skilled family lawyer. Whether you are faced with divorce, property division, child support, custody, or prenuptial cases, The Blumenreich Law Firm is prepared to handle your litigation. Our straightforward approach, courtroom experience, and commitment to quality ensure that you will receive the best representation of your legal matter. Though we are Phoenix criminal law office, we are proud to represent clients from Glendale, Mesa, Scottsdale, Tempe, Chandler, Gilbert, and all over the Phoenix metro area. In an easy, 5-minute initial consultation, we can discuss the best options and strategies for handling your criminal defense or family law matter. Put your future in the hands of a criminal defense attorney you can trust. Contact Josh Blumenreich, your Phoenix criminal lawyer, today.

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Know and Exercise Your Rights!

2009-05-25T00:40:00.000-07:00

Arizona DUI attorney and Phoenix DUI lawyer Weintraub and Weintraub. Experienced Arizona DUI attorney or Phoenix DUI lawyer serving Chandler, Gilbert, Glendale, Mesa, Phoenix, Peoria, Scottsdale, Tempe, and all of Arizona. Arizona DUI Law is constantly evolving with stringent statutes and case law precedent, which pertain to the Arizona drunk driver. A knowledgeable Arizona DUI attorney can fight for your rights in a court of law to avoid or minimize the effect of a DUI in Arizona conviction, driver's license suspension, ignition interlock requirements, jail time, court fines, alcohol screening and counseling, community service and probation.

Quality, Affordable & Aggressive Legal Representation!

An alleged DUI defendant requires an Arizona DUI attorney or a Phoenix DUI attorney who knows the varying and complex legal guidelines and procedures utilized by each of the separate Chandler, Gilbert, Glendale, Mesa, Phoenix, Peoria, Scottsdale, Tempe Prosecutor's Offices.

Our office concentrates its practice solely in the representation of criminal defendants accused of alleged Arizona DUI and Phoenix DUI law violations. An experienced and aggressive Arizona DUI attorney will personally handle every aspect of your case. Don't let an arrest for an Arizona DUI lead to a conviction. A thorough investigation and analysis by our Arizona DUI lawyer or our Phoenix DUI lawyer of your specific case facts and a strong DUI defense utilizing current Arizona DUI law will provide you with the best chance of a favorable outcome following a DUI in Arizona.

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Arizona DUI Defense

2009-05-18T00:32:00.000-07:00

Your Case Matters To Us

You've been arrested for DUI. This is a stressful time in your life. You want honest answers, and you need somebody to fight for you.

Our goal is to meet or exceed your expectations in regards to your case, and to give you an honest and realistic picture of your rights, and your chances. Your best interests are our primary focus.

My name is Stewart Bergman. I want the chance to help you fight or resolve your Arizona DUI charge. My law firm focuses on defending impaired driving allegations throughout Arizona. I personally navigate, investigate, negotiate and, when necessary, litigate your case.

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Are You Facing a DUI?

2009-05-11T00:27:00.000-07:00

You are probably worried about DUI penalties and jail, your drivers license, ignition interlock devices, your record, your family and your financial security. If you are like most people, you are probably overwhelmed by the complexity of DUI Law.
Our goals for you in every DUI case are simple: provide you the best DUI information and resources possible to deal with your DWI arrest, and help you connect with the right local DUI defense lawyer for your case. We will help you learn the DUI basics, including valuable tips on how to deal with DUI lawyers.
The DUI attorneys who participate in this site are dedicated to defending you and your rights, and are selected based on their commitment, reputation and track-record. Each is accessible and offers a no-obligation, no pressure case review.

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Mesa cop accused of illegal background checks

2008-11-26T04:59:00.000-08:00

A Mesa police officer has been charged in connection with illegally checking backgrounds on 10 people over the course of more than three years.

Officer Daniel Albert Coronado, 37, of Gilbert, was indicted Tuesday on four counts of computer tampering and four counts of unauthorized access to criminal history.

The case was first investigated internally by Mesa police after it was uncovered during a separate criminal investigation. It has since been turned over to the Arizona Department of Public Safety. Coronado has been suspended with pay, police said.

"I don't know his motives," said Mesa police spokesman Sgt. Ed Wessing.

According to the indictment, Coronado is accused of using police computer terminals to access the Arizona Criminal Justice Information System and computerized criminal history records between January 2005 and June 2008. The indictment accuses Coronado of illegally logging onto the computer terminals 149 times and accessing the criminal records of about 10 people, police said.

Since officers are assigned a login ID number, it's easy for investigators to see every time someone logs in and who they search.

Wessing said the people whom Coronado allegedly looked up were those he associated with in some manner.

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Florence detention officer arrested for stealing inmate monies

2008-11-19T04:55:00.000-08:00

Detention Sergeant Amado Martinez, an employee of the Pinal County Sheriff’s Office Detention Facility, was arrested by investigators of the Pinal County Attorney’s Office.

Utilizing the checks and balances system put in place by Sheriff Chris Vasquez over all financial operations at the Pinal County Sheriff’s Office, a staff employee at the Pinal County Adult Detention Center discovered the potential of the alleged theft of inmate monies by Sgt. Martinez.

Due to the nature and severity of the complaint and allegations made by the employee, Sheriff Vasquez contacted the Pinal County Attorney’s Office and requested that they conduct a thorough criminal investigation into the possible theft of monies.

As a result of the investigation, Mr. Martinez was indicted on 18 charges, which include forgery, theft and identity theft. Mr. Martinez was arrested and booked by the Pinal County Attorney’s Office.

Mr. Martinez was initially booked into the Pinal County Detention Facility with a $100,000.00 secured bond. He has been placed on administrative leave without pay pending the outcome of an administrative investigation.

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Despite attacks on media by McCain campaign, case studies show disparate coverage in McCain's favor

2008-11-12T04:49:00.000-08:00

The media have for months reported complaints by Sen. John McCain's campaign that they have favored his opponent in their coverage of the presidential race, while making little attempt to assess accuracy of those complaints or to confirm or refute them. Media Matters for America has undertaken a review of the media's coverage of two stories negatively affecting or reflecting on Sen. Barack Obama and two stories negatively affecting or reflecting on McCain and compared the extent of media attention to each. Specifically, Media Matters compared the media's coverage of Obama's association with Chicago developer Antoin Rezko to the media's coverage of McCain's associations with donors for whom McCain reportedly facilitated land deals. Media Matters also compared coverage of Obama's association with former Weather Underground member Bill Ayers to coverage of McCain's association with G. Gordon Liddy, whom Chicago Tribune columnist Steve Chapman has described as McCain's "own Bill Ayers."

Media Matters found that while the five major newspapers -- the Los Angeles Times, The New York Times, USA Today, The Wall Street Journal, and The Washington Post -- and the three evening network news broadcasts have frequently mentioned Obama's ties to Ayers and Rezko, they have rarely mentioned McCain's dealings with donors whom he reportedly benefited and have completely ignored McCain's association with Liddy. Indeed, since The New York Times first reported that McCain facilitated land deals that benefited major donors, these media outlets have mentioned those deals in only six additional reports, but news reports and editorial and opinion pieces by or in those media outlets have mentioned Obama's ties to Rezko -- who was convicted in June in a case in which Obama was never accused of any wrongdoing -- 44 times during that same time period. Moreover, while these same media outlets have frequently mentioned Obama's ties to Ayers -- 69 mentions so far in 2008 -- they have yet to mention McCain's connections to Liddy, whom McCain has praised and repeatedly associated with in public and in campaign settings. In addition to serving more than four years in prison for his role in the Watergate break-in and the Daniel Ellsberg case, Liddy also admitted that he plotted to murder journalist Jack Anderson; plotted to murder fellow Republican operative E. Howard Hunt; and plotted to firebomb the Brookings Institution. Liddy also reportedly gave advice on how to shoot agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and reportedly admitted to naming shooting targets after the Clintons.

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Can Obama Win and Lose Ohio at the Same Time?

2008-11-05T04:25:00.000-08:00

Ohio attorneys pushing to convince a federal judge in Franklin County to lift the stay on a case alleging Republican Party operatives and Bush family loyalists cyber-rigged the vote in certain Ohio counties in 2004, filed two affidavits on Wednesday from data security and academic research experts on voting. The attorneys hoped to convince the court to lift a stay on their case, allowing them to issue a subpoena to Mike Connell, a long-time information technology handyman who worked in both Ohio and Florida, who they want to depose now in an effort to see whether the Matrix-like system he helped build in Ohio, that some say put Ohio in the win column in 2004 for President Bush instead of his Democratic opponent John Kerry, a senator from Massachusettes, is still rigged to go off on Election Day in November.

Al Gore received hundreds of thousands more votes than George W. Bush did in 2000 nationwide, but didn't become president, even though a recount of votes after the election in Florida showed that he also won more votes there, too. Some say John Kerry won more votes in Ohio in 2004, but due to dozens of Election Day irregularities, some maybe orchestrated while others were just vulnerabilities in Ohio's system of voting, lost the state by 118,601 votes. So the question of whether Barack Obama, who currently trails John McCain in Ohio but who leads him in recent polls nationwide by four percentage points (49-45, Gallup) can both win and loose Ohio. If three Ohio attorneys get the signal to re-energize their now moribund lawsuit, we all might learn somethings that we need to know but that also might scare us straight, and show us that the wacky election conspirators the news media has marginalized were not as wacky as first thought.

The stay, which was lifted by the court of Judge Algernon Marbley last Friday after Ohio Secretary of State Jennifer Brunner, who had previously issued motions to keep it in place least it interfer with plans for the upcoming presidential election, agreed to let plaintiff attorney's pursue more discovery by moving forward with the issusing of subpeonas to Connell and, maybe, to others like Karl Rove, President Bush's political adviser and master Republican strategist, who the attorneys and those helping them think a path of breadcrumbs will lead to. The attorneys say Connell can blow the whistle on how democracy was compromised in Ohio and other states, like Florida, where he was given the keys to the castle of cyber systems.

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Mesa police officer indicted on 8 felony charges

2008-10-29T04:17:00.000-07:00

A Mesa police officer was indicted for eight felonies counts on Wednesday.

According to Attorney General Terry Goddard, Department of Public Safety Director Roger Vanderpool, and Mesa Police Chief George Gascón, 37-year-old Daniel Albert Coronado of Gilbert was indicted on four counts of computer tampering and four counts of unauthorized access to criminal history, all Class 6 felonies.

Coronado is suspected of using police computer terminals to access the Arizona criminal justice information system and/or computerized criminal history records for purposes other than his official law enforcement duties between January 2005 and June 2008.

Coronado illegally logged on to the computer terminals 149 times and accessed the criminal records of nearly 10 individuals, according to the indictment.

An internal investigation was conducted by the Mesa Police Department, which was later turned over to the Department of Public Safety.

Coronado has been suspended from the Mesa Police Department pending the outcome of this case, according to authorities.

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Officer suspended after computer-tampering indictments

2008-10-22T04:11:00.000-07:00

A Mesa police officer was suspended after he was indicted on charges of computer tampering and unauthorized access to criminal history records.

The indictment accuses Officer Daniel Albert Coronado, 37, of Gilbert, of illegally logging on to computer terminals 149 times and accessing the criminal records of about 10 people, according to a Mesa police press release.

Coronado is charged with illegally tapping into the records between January 2005 and July 2008, the release said.

There was no mention of his motive or his intended purpose in accessing the information.

Sgt. Ed Wessing, a Mesa police spokesman, said detectives came across the suspected illegal activity as part of another investigation. The case was turned over to the state Department of Public Safety to avoid the appearance of impropriety or preferential treatment.

“It's disappointing,'' Wessing said, adding he is not aware of a similar case in Mesa.

Coronado had been working as a detective in the Superstition district, he said. Coronado is an 11-year veteran. He joined Mesa police in January 1997.

The indictment was returned Tuesday by a state grand jury and the case is being prosecuted by Arizona Attorney General Terry Goddard's office.

Anne Hilby, a spokeswoman for the Attorney General's office, said Coronado either knew the people whose records he accessed or knew them through another person.

“It was not at random. It was targeted,'' Hilby said, but she would not disclose a motive.

Coronado was indicted on four counts of computer tampering and four counts of unauthorized access to criminal history, all Class 6 felonies.

He is suspended with pay pending the outcome of the case.

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MS-13 Gang Member Arrested in Arizona Charged With California Murder

2008-10-15T04:07:00.000-07:00

Nelson Antonio Garcia, 35, of El Salvador, charged in Arizona in August 2008 with the federal crime of Reentry after Removal has been recently charged in Superior Court of the State of California (in the City and County of San Francisco) for the 1998 murder of Daniel Solorzano. He is reported to be a member of the gang known as MS-13.

Garcia, aka Jesus Verona, Maurisio Antonio Lopez-Lopez, Marco Galindo Aria, Nelson Antonio Lopez-Garcia and Marco Arias, was arrested by the U.S. Border Patrol, Yuma Sector, on August 18, 2008. Border Patrol officials informed authorities in San Francisco of his arrest and on August 27, 2008, a warrant was issued by San Francisco authorities for Garcia’s arrest based upon a prior felony complaint. On September 3, 2008, a felony complaint was filed on the above-referenced murder charges as well as charges relating to the attempted murder of another man.

Criminal complaints are simply the method by which a person is charged with criminal activity and raise no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The investigation in the federal case was conducted by the U.S. Border Patrol, Yuma Sector. The federal prosecution is being handled by Bret Alexander, Assistant U.S. Attorney, District of Arizona, Yuma. The investigation in the California case is being handled by the San Francisco Police Department Homicide Detail and is being prosecuted by Assistant District Attorney George Butterworth of the San Francisco District Attorney’s Office.

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Terrorism Financing Case Back in Court

2008-10-08T04:01:00.000-07:00

The government's largest terrorism financing case returned to a courtroom in Dallas this week as prosecutors once again try to secure criminal convictions against five men for allegedly raising more than $12 million in what investigators call "blood money" to support overseas suicide bombings.

The case against former leaders of the Holy Land Foundation, a Texas charity that authorities shuttered seven years ago because of its alleged links to the militant Palestinian group Hamas, comes nearly a year after a previous trial ended in disappointment for the government. Jurors acquitted one man outright on 31 charges and deadlocked on charges against the others. Senior U.S. District Judge A. Joe Fish declared a mistrial.

The turbulent jury deliberations ignited debate about the strength of the government's evidence and its pursuit of financiers who back terrorist groups. In the years since the Sept. 11, 2001, attacks, authorities increasingly have accused suspects of providing "material support" to hostile groups, but the Justice Department's trial record in such cases has been mixed.

Federal prosecutors last month moved to streamline the case, dismissing 29 charges apiece against two key defendants and training their fire on counts of conspiracy to fund terrorism and conspiracy to commit money laundering. Opening arguments begin tomorrow.

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DUI Lawyers - How to become one of the good ones

2008-10-01T03:56:00.000-07:00

DUI law is getting tougher each year. It is a political hot issue that is always at the forefront, especially in election years. With the growing publicity and penalties, more lawyers are trying to break into the practice of DUI defense.

While there is always room for more good DUI Defense Lawyers, the glut of attorneys advertising that they do DUI defense work makes it difficult for the average consumer to sort out the experienced from the neophyte.

If you need a DUI defense lawyer, don't assume that just because a lawyer has been in practice for a long time that he or she is qualified to handle drunk driving cases with the skill necessary to get a great result. DWI defense is now a highly specialized field. It takes dedication and a near exclusive focus to be near the top of the field. This is because there is a vast amount of DUI law and science to master. There is also the art of negotiation and the theater of trial. These skills can not be learned overnight.

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Appeals court upholds Arizona immigration law

2008-09-25T10:54:00.000-07:00

A federal appeals court upheld an Arizona law that penalizes businesses that knowingly hire illegal immigrants and requires them to verify the employment status of their workers.

The 9th U.S. Circuit Court of Appeals decision rejected a challenge by business and civil-rights groups that contend the law infringes on federal immigration powers.

The law, intended to lessen the economic incentive for immigrants to sneak into the country, imposes civil penalties on employers by suspending or revoking their business licenses when they are found to have knowingly hired illegal immigrants.

While it upheld the law, a three-judge panel of the court left the door open for other challenges, saying no one has been accused of violating the law since it took effect nine months ago.

Republican state Rep. Russell Pearce of Mesa, the author of the law, said the ruling is a big win for the movement to get state and local governments to crack down on illegal immigration.

"Locals are just as responsible for the crisis in America in this invasion (of illegal immigrants) as the federal government," Pearce said.

The civil-rights groups that challenged the law are considering whether to appeal the ruling to the 9th Circuit or the U.S. Supreme Court.

Jonathan Weissglass, an attorney for the groups, said the law and the ruling could create problems for employers who have operations in more than one state because states could have different sets of hiring rules.

"What the 9th Circuit has allowed is everyone can enact its own laws regarding immigrant employment, which would create chaos," Weissglass said.

It's unclear whether the business groups that challenged the law will seek an appeal. Two lawyers representing the groups were unavailable for comment Wednesday because they were out of the country.

Lawyers for the state argued that while a similar federal hiring law prevents states from imposing civil or criminal penalties against businesses for illegal hirings, the federal law lets states take licensing actions against violators. The appellate court agreed with that argument.

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