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					         National District Attorneys Association Newsclips
                        September 17, 2010

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September 26-30, 2010
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October 3-7, 2010
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                               Today’s Clip Headlines
   •   Craigslist Says It Has Permanently Taken Down U.S. Adult Services Ads
   •   Though Largely Symbolic, Crack-Powder Cocaine Law Change Seen As
       Social Victory
   •   Nine Connecticut Colleges Campaign Against Dating Violence
   •   Kane State’s Attorney Takes on the Latin Kings
   •   ‘Spice’ Ban Bill Aims to Avoid Loopholes
   •   Set 1-year limit for appeals of convictions? Yes
   •   Minn. Public Defenders Seek to Reduce Caseloads
   •   Attorney General Says He’s Going After People Who Deal In
       Child Pornography
   •   Closed Criminal Cases to Remain on Web
   •   Campus Crimes Should Be Reported Immediately to Police and Prosecutors
   •   If California Favors Pot Legalization, the DOJ Should Sue
   •   Deputy County Attorney Lisa Aubuchon Likely to Be Fired
   •   DEA Shouldn’t Pay for Help to Translate ‘Ebonics’
   •   Defense Attorneys Call for Halt of Executions at Louisville Rally
   •   Wis. Prosecutor Tried to Keep ‘Sexting’ Case Quiet

                              Clip Synopses and Links
The Washington Post
Craigslist Says It Has Permanently Taken Down U.S. Adult Services Ads

Under pressure from law enforcement and Congress, Craigslist said Wednesday it had
permanently taken down its adult services ads on its highly popular classified site in the
United States.

The move is the first of its kind for a company that has become not only a place to buy
used furniture and find apartments, but also a symbol of a free-speech, no-limit Internet.
Craigslist yielded to the complaints of advocacy groups who say the firm’s Web sites are
being widely used in the global sex trade of women and children.

Oakland Tribune
Though Largely Symbolic, Crack-Powder Cocaine Law Change Seen As Social

When the crack epidemic struck U.S. cities in the 1980s, a shocking level of street
violence came with it. Under a federal law passed in 1986, a person convicted of
possessing 500 grams of powder cocaine would have received the same prison sentence
as someone found guilty of possessing 5 grams of crack cocaine. The 100-to-1 ratio
outraged racial equality activists at the time, who pointed to a disproportionate number of
black people prosecuted for possessing crack.

On Aug. 3, President Barack Obama addressed that disparity at the federal level when he
signed the Fair Sentencing Act, a law that reduced the long-standing, hotly debated
sentencing gap that treats powder and crack cocaine differently. The move excited
proponents of racial equality who have long argued that coming down harder on a drug
chiefly found in communities of color is essentially a modern-day form of Jim Crow-era
segregation and persecution.

Though the new law represents a victory for racial justice advocates, the victory may
largely be symbolic.

Alameda County assistant district attorney Norbert Chu points out the Fair Sentencing
Act will have no impact on prosecutions under state law, which is what most police
patrolling Oakland streets are there to enforce.

"Our laws have their own jurisdiction," Chu said. And though California treats the sale of
the drugs differently, the penalties for possessing crack and powder cocaine are the same.

Hartford Courant
Nine Connecticut Colleges Campaign Against Dating Violence
Colleges raise “red flags” that may signal partner violence or abuse

The posters are part of a “red flag campaign” that is underway or will be on nine
Connecticut college campuses this fall. The campaign is designed to raise awareness
about dating violence and to help students identify troubling patterns that should raise
“red flags” about potential partner violence or abuse.

This week, red flags are waving at the University of Connecticut to draw attention to the
problem. Next week, the posters will go up — each illustrating one of the “red flags” of
abusive behavior. Those behaviors include: emotional abuse, coercion, excessive
jealousy, isolation, stalking, sexual or physical assault, and blaming the victim.


Daily Herald (Arlington Heights)
Kane State’s Attorney Takes on the Latin Kings
Barsanti uses terrorism prevention act to sue 81 purported gang members

The Kane County state’s attorney’s office has gone on the offensive against 81 purported
Latin Kings gang members in Elgin, suing them in civil court and giving Elgin police
more ability to stop gang members from congregating around town.
Wednesday’s announcement by Kane County State’s Attorney John Barsanti marks the
first time his office has used the 1993 Illinois Streetgang Terrorism Omnibus Prevention
Act, although similar operations have been conducted in DuPage and Boone counties.

The Indianapolis Star
‘Spice’ Ban Bill Aims to Avoid Loopholes
Lawmakers try to stay a step ahead of those formulating synthetic marijuana

Indiana lawmakers trying to write state and local measures to ban synthetic marijuana say
they hope to plug potential loopholes that could make it still available.

Rep. John Barnes, D-Indianapolis, is authoring a bill he will introduce in the Indiana
House that would ban synthetic marijuana, known as spice and sold under brand names
including K2, Pep and Kind. Some manufacturers have been trying to get around laws
against spice in other states by changing the chemical formula of key ingredients and
changing the name.

Barnes is aware of the potential loopholes but said he thinks he can craft an effective ban.

Detroit Free Press
Set 1-year limit for appeals of convictions? Yes
YES: Justice requires reasonable finality; there are adequate channels for case reviews

No responsible observer can doubt that finality in litigation -- including criminal
litigation -- is an important goal of the justice system.

The U.S. Supreme Court has said time and again that finality is “essential to the criminal
law’s retributive and deterrent functions,” and has stressed that “only with an assurance
of real finality can the state execute its moral judgment and can victims of crime move
forward knowing the moral judgment will be carried out. Unsettling these expectations
inflicts a profound injury to the powerful and legitimate interest in punishing the guilty.”

Litigation in a case, even a criminal case, must cease at some point, but only so long as

there are certain safety nets left available.

The current Michigan system is consistent with those of the rest of the states and the
federal government -- except for one flaw. That flaw results in the filing of new post-
conviction motions in cases even decades old, diverting scarce resources from cases
involving defendants newly convicted. It is the object of a current proposal before the
Michigan Supreme Court.

Brainerd Daily Dispatch
Minn. Public Defenders Seek to Reduce Caseloads

Public defenders in Minnesota said Wednesday they are stretched too thin, and they have
asked the State Judicial Council to help reduce their caseloads by moving nonviolent
crimes, such as petty theft and misdemeanor trespassing, out of the courtroom.

The Minnesota Board of Public Defense said it faces caseloads that are nearly double the
level recommended by the American Bar Association. In August, the board proposed that
certain nonviolent offenses — like loitering or livestock rustling — should be placed on
the list of crimes that require fines instead of mandatory court appearances.

“If an offense creates a low level of risk to the public and could be properly sanctioned
by mailing in a check, the offender should be allowed to hand a check to the clerk in the
courtroom, saving court and public defender time,” according to the board’s August
request to the State Judicial Council.

The State Judicial Council is expected to take up the issue at its regular meeting

The Lawrence Journal-World
Attorney General Says He’s Going After People Who Deal In Child Pornography

Kansas Attorney General Steve Six Thursday said his office had stepped up an effort to
catch suspects who trade and view child pornography.

During a news conference, Six unveiled Operation Child Shield, which to date through
27 investigations has led to five convictions and five other pending cases in Kansas

The operation started out of an overall effort to promote online safety, and agents in Six’s
office began using new technology acquired a year ago to comb the Internet targeting
child pornography distributors. Agents work to obtain search warrants to identify


Santa Fe New Mexican
Closed Criminal Cases to Remain on Web
Court OKs access to cases with no conviction

The state Supreme Court has rejected a proposal that would have stopped the public from
having online access to closed criminal cases in which there was no conviction.

A government watchdog organization and others on Thursday applauded the court’s
unanimous decision as a victory for transparency in government.

Michael Corwin, who runs a private investigation and research business in Albuquerque,
said the court’s ruling “recognizes the public’s right to know.”

Sarah Welsh, executive director of the New Mexico Foundation for Open Government,
said the decision ensures “accurate court docketing records will continue to be available
through the online case lookup.”

A court advisory board had recommended that an online court-case lookup system no
longer contain records of criminal cases that were closed because the defendant was
acquitted or the charges were dismissed or vacated.

The Columbus Dispatch
Editorial: For safety’s sake
Campus Crimes Should Be Reported Immediately to Police and Prosecutors

Denison University, in Granville, has agreed to consider tightening its protocol for
reporting certain crimes to police and the county prosecutor’s office. This is the right
In May, Licking County Prosecutor Ken Oswalt learned of two claims of sexual assault
by a Denison student - but only after the person accused of the attack filed a lawsuit
against the university for expelling him for the reported offenses, which happened
months before.

Two women at Denison came to university security officials, one in November and one
in February, to report that the same man had sexually assaulted them repeatedly. They
both received counseling from a university employee about the attacks. Officials say that
the Granville Police Department was contacted in the first instance, but there’s no record
of that.
Regardless, the prosecutor never was told, so the case wasn’t built and charges weren’t
filed. Now that he knows, the prosecutor is gathering information belatedly. Now that
students are returning from summer break, Oswalt says he will have a chance to talk to
potential witnesses.


US News & World Report
If California Favors Pot Legalization, the DOJ Should Sue

Things are tough in California. An unrestrained state legislature has spent so
irresponsibly that the state is continuously begging the rest of us to bail it out with federal
tax dollars. Its credit rating literally makes it a riskier bet than Kazakhstan. It has placed
so many burdensome regulations on businesses in the state that they are fleeing as
quickly as they can to shutter their doors. Jobs are going with them, of course.
Meanwhile, California is also leading the nation in legalized pot shops and stoned
In November, Californians will vote on the Regulate, Control, and Tax Cannabis Act of
2010, also known as Proposition 19. If passed, California will be the first state in the
union to legalize marijuana outright.
All of this, of course, runs counter to federal law, which makes marijuana an illegal
substance. And this has a lot of folks asking: If this administration is willing to sue the
state of Arizona because it has passed a law on immigration that is allegedly at odds with
federal law, why is not applying the same standard to illicit drugs?

Topping the list of folks asking this question is a bipartisan group of former heads of the
U.S. Drug Enforcement Administration--dating all the way back to the agency’s creation
in 1973. They raised these questions in an August 24 letter sent directly to the attorney
general. This is particularly newsworthy because all of these men previously reported
directly to an attorney general themselves.

AZ Central
Deputy County Attorney Lisa Aubuchon Likely to Be Fired

A controversial prosecutor faces imminent firing after a five-month inquiry into her role
in filing criminal charges and a civil suit against judges and county officials on behalf of
then-Maricopa County Attorney Andrew Thomas.

The Arizona Republic has learned Deputy County Attorney Lisa Aubuchon was sent a
“pre-termination letter” last week, an initial step in the firing process.

Aubuchon has been on paid administrative leave since April, when Thomas resigned as
county attorney to make a failed run for Arizona attorney general.

Interim County Attorney Rick Romley fired two high-ranking prosecutors from Thomas’
tenure when he took office. The other prosecutors served at the pleasure of the county

attorney. Aubuchon, however, was protected as a “merit” employee and could be fired
only for cause. Romley ordered an internal investigation into her conduct.

The Miami Herald
DEA Shouldn’t Pay for Help to Translate ‘Ebonics’

I stand corrected because the Drug Enforcement Administration is looking to hire people
who can speak ``Ebonics’’ in Miami and several other cities, and can translate it for
agents who are having a hard time understanding what suspected drug dealers are saying
on the business end of wiretaps.

That’s right, the urban, street-inspired slang that a group of numb-skulled, short-sighted
California educators in 1996 insultingly deemed ``black English,’’ or ``African American
Vernacular English,’’ rather than just another bastardization of English, is being given
more undeserved credibility by one of the nation’s largest law enforcement organizations.

Apparently the chief agency tasked with curbing drug crime in the United States has met
its Waterloo in the form of slang-talking suspected drug dealers in its Southeast Region,
which includes Miami, the Caribbean, New Orleans, Atlanta and Washington.

Seriously, it was supposed to be a joke back in the day, when actress Barbara Billingsley
cheerily called out in the movie Airplane, ``Oh stewardess, I speak jive!’’ Guess the DEA
didn’t get the memo.

Understanding drug-dealer-speak? Sound, logical idea for federal agents.

The Courier-Journal (Louisville)
Defense Attorneys Call for Halt of Executions at Louisville Rally

A group of Kentucky defense attorneys and others gathered outside the Jefferson County
Judicial Center on Wednesday to ask Gov. Steve Beshear to impose a moratorium on the
death penalty.

The rally was held a day before murderer Gregory Wilson, 53, would have been executed
had he not been granted a stay by Franklin Circuit Judge Phillip Shepherd, who ruled last
week that he had “substantial questions” regarding new state regulations for carrying out
an execution.

He has barred the state from having an execution until after he rules in a case challenging
the regulations.


The Washington Post
Wis. Prosecutor Tried to Keep ‘Sexting’ Case Quiet

If a Wisconsin prosecutor’s constituents want him punished for sending sexually
suggestive text messages to the victim in a domestic abuse case he was trying, they may
have to wait until they can do it themselves - at the polls in two years.

Calumet County District Attorney Ken Kratz called the woman “a hot, young nymph”
and tried to spark a relationship in messages that became publicly known Wednesday
through a police report obtained by The Associated Press. On Thursday, a top domestic
violence expert and a legislator called on Kratz to resign, and a statewide advocacy group
said his actions were unacceptable and had compromised his ability to serve.

The Republican prosecutor in rural eastern Wisconsin doesn’t face re-election until 2012,
and appears likely to escape formal punishment. State legal regulators have already found
that his actions did not technically amount to misconduct. The state crime victims’ rights
board, which Kratz chaired until state officials learned of the texts, isn’t investigating.
And Democratic Gov. Jim Doyle, who has the power to seek to remove district attorneys
for cause, has been mum on the case.

NDAA Fall Conference: Behind the Net
September 22-24, 2010
NAC, Columbia, South Carolina

Experienced Prosecutor Course
September 26-30, 2010
Marco Island, FL

SafetyNet: Multidisciplinary Investigation & Prosecution of Technology-Facilitated
Child Sexual Exploitation
September 27 - October 1, 2010
Easton, Massachusetts
http://www.ndaa.org/pdf/Safety Net_draft_agenda.pdf

Prosecuting Homicide Cases
October 3-7, 2010
San Antonio, Texas

Prosecuting Elder Abuse Cases

October 5-7, 2010
Inn at USC, Columbia, SC

Arson Prosecution
October 12-15, 2010
NAC, Columbia, SC

Unsafe Havens II
October 18-22, 2010
NAC, Columbia, South Carolina

20th Annual National Conference on Domestic Violence
October 27-31, 2010
Washington, DC

Prosecutor Bootcamp
November 1-5
NAC, Columbia, South Carolina

Government Civil Practice
November 7-11
Scottsdale, Arizona

Prosecuting Sexual Assaults & Related Violent Crimes
November 14-18
San Francisco, California

Trial Advocacy I
November 15-19
NAC, Columbia, South Carolina

NDAA Fall Board & Committee Meetings
November 18-20, 2010
Scottsdale, Arizona

The Executive Program
A Course for Prosecution Leadership
December 5-8, 2010, San Francisco, California 803.705.5005

Summary | Registration

Forensic Evidence
December 5-9, 2010, San Antonio, Texas 803.705.5005
Summary | Registration

December 6-9, 2010, NAC, Columbia, SC 803.705.5050
Deadline: October 8, 2010
Summary | Registration

Courtroom Technology
December 13-16, 2010, NAC, Columbia, SC 803.705.5050
Deadline: October 15, 2010
Summary | Registration

Prosecutor Bootcamp
February 7-11, 2011, NAC, Columbia, SC 803.705.5050
Deadline: December 3, 2010
Summary | Check back to register

Trial Advocacy I
February 28-March 4, 2011, NAC, Columbia, SC 803.705.5050
Deadline: January 3, 2011
Summary | Check back to register

Prosecutor Bootcamp
March 21-25, 2011, NAC, Columbia, SC 803.705.5050
Deadline: January 21, 2011
Summary | Check back to register

NDAA Summer Board and Committee Meetings
July 15-17, 2011, Sun Valley, Idaho 703.549.9222
Check back for summary and registration

2011 NDAA Summer Conference
July 17-20, 2011, Sun Valley, Idaho 703.549.9222
Check back for summary and registration

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