Chicago, IL —Before 1969 divorce was no simple process in most jurisdictions.  The laws were designed to make divorce difficult with the idea that couples could solve their differences and continue to responsibly raise their children. There had to be specific grounds and the most popular was “extreme cruelty”.  There was abandonment and adultery, however they were much more difficult to prove.  The petitioner had to prove that the marriage had not only failed but was dangerous! Without what we’d today call terroristic threats, a divorce would not be granted. The lawyers would all tell their clients, “Don’t worry it’s only a formality, just sign here or no divorce.” If you go to the court clerk’s office and pull random case files they’re all carbon copies of each other. “The Respondent has repeatedly pulled a handgun on Petitioner threatening to kill her”  was written right at the top of nearly every petition! The respondent in most cases also...

Some of my visitors have asked me to explain the circumstances were deadly force may be used in self-defense or the defense of a third person. I will keep this very simple. In every state, laws allow deadly force to stop violent felonies in progress. That’s murder, manslaughter, robbery, kidnapping, sexual assault, residential burglary, aggravated assault, aggravated battery and arson. There are others that vary somewhat from state to state. In your own home or place of business there are certain legal and credible presumptions in your favor that you won’t enjoy on a public street. If you are attacked by someone with a weapon or multiple attackers (even if they are unarmed) you may use any weapon to halt the assault. The same is true if your attacker is unarmed but there is an obvious disparity in size or strength and a reasonable person would believe this assailant could inflict permanent injury or death upon you. The use of force must end the moment the attackers cease, surrend...

Los Angeles, CA —In a court of law there are few hearsay exceptions. Photographs and documents can’t simply jump up on to a witness stand and testify. Foundation must be established and a live witness that saw the event must testify that the photograph accurately depicts what he saw with his own eyes. Judges around the country have let the Extortion Camera Photo Enforcement Mafia get away with, Hearsay Murder . Not anymore, at least in California. Since Arizona judge’s retirement is actually attached to traffic fine collections they have a significant conflict of interest every time they hear a traffic case. I will never understand how that kind of crap can stand in America. That California Camera Hearsay Ruling should get the attention of every lawyer and judge in all 50 states since we are dealing with the same Constitution. The problem with the camera enforcement evidence is that denies the accused the Constitutional rights to face and cross-examine his accuser. It is insufficie...

Civilization requires some kind of justice system to right the wrongs that happen in society. If through simple negligence or recklessness we cause injury and damages, the law, courts and our juries fix responsibility. When people are injured there are often damages that go far beyond medical bills. Unfortunately those causing the damage rarely reimburse those they injure without court intervention or the specter of it.   To cover such unforeseen accidents we buy insurance.  Insurance companies don’t enjoy their huge profits because of their fairness or prompt payment of legitimate claims. They generally deny everything they can because they know cases most often take years to go to trial in most jurisdictions. When a claim is made, the insurance company assigns their lawyer to represent the defendant in court.  It is somewhat of a conflict since their real master is not the defendant but his insurance company.  Should the case go to trial the jury is lead to ...

Chicago, IL —In the Windy city where corruption in the courts has been a way of life, cameras have been precluded for at least 70 years. I’m not sure the camera prohibition is related to judicial corruption but the prohibition does have advantages that are conducive to fairness. There are pictures of Al Capone inside a courtroom a 2600 S. California Avenue. There was movie and still pictures taken during the sensational Nathan Leopold and Richard Loeb murder trial also in that era. It was sometime later when cameras were eventually outlawed. Transparency dictates open government and court proceedings be public except in rare cases and to protect juveniles. The public cannot be excluded from courtrooms unless they are witnesses that have not yet testified in the case before the court. That important prohibition is to prevent witnesses from influencing each other during trials or hearings. The real harm with bringing cameras into courtrooms is when justice is reduced to cheap ...

Washington, DC —There can be little doubt now that the Supreme Court’s parting shot before the summer recess will hit Mayor Richard M. Daley right in the butt. Monday will be the last day the court issues opinions until their next term. For the first time in 30 years, law-abiding Chicagoans will have a level playing field with the criminals to defend themselves, families and their property. George W. Bus h appointee, Associate Justice Samuel Alito is expected to write the opinion for the majority in the McDonald case. The issue is whether the Second Amendment is incorporated by the 14th Amendment to the States. In simpler terms, the McDonald decision will determine whether state and local governments can infringe on American’s right to keep and bear arms. We have to see is just how narrow this opinion will be. The next big issues on the line deal with the ability of states to restrict the bearing of arms or to ban certain types of arms. I think the conventional wisdom is obvious a...

Okay most of my readers are guys, but they all have wives, daughters and girlfriends. Of course there are lots of delightful ladies that would never miss reading anything I write! Crimefile has learned that as a result of a price-fixing lawsuit many high end department stores must give away $175 million in free cosmetics . There are no rules other than giving your name and telling them you bought these products before, during the period of: May 29, 1994 and July 16, 2003. No receipts or other proof is required. I would be really upset if my Right thinking lady readers missed out on anything free. This all begins on Tuesday, January 20, 2009 until supplies are exhausted at the following stores: Bergdorf Goodman, Bergner’s, Bloomingdale’s, Boston Store, Carson Pirie Scott, Dillard’s, Gottschalks, Herberger’s, Macy’s, Neiman Marcus, Nordstrom, Parisian, Saks Fifth Avenue and Younkers. The exact settlement details can be found here.

Corona, CA-Susan Atkins was exactly what nightmares were made of. The reign of terror inflicted upon innocent citizens by Atkins and the Manson Family almost stand alone in history’s most depraved killings 39 years ago. Atkins escaped the death penalty imposed on her by the trial court. Before and after the Manson rampage thousands of men and women have been executed for lesser crimes. Since her murder rampage Atkins slowly rejected her mentor, Charles Manson and became a well-behaved prison inmate. Atkins has done all those things we want criminals to do and is no threat today. Atkins is now incarcerated only for punishment rather than rehabilitation. Atkins will not survive more than several months. Atkins contracted cancer. The disease has brought the amputation of one of her legs. Now she has months to live because of untreatable brain cancer and she is no longer capable of walking or even sitting up in bed. Prison officials told L.A. Times reporters that the state has spent...

This extraordinary case needs to run through the Michigan Parole Board and Governor’s commutation program at a record speed. I hope that the parole board sees things the way I do and so many kind people that have stepped in to help Marie Walsh. Read today’s editorial here.

Fugitive Marine Cpl. Cesar Laurean was bagged by Mexican cops in San Juan De La Vina, Mexico. Laureau was on the lam after being accused first of rape and then later killing the very pregnant, Marine Lance Cpl. Maria Lauterbach, 20. Police believe the killing was an ill-fated attempt to silence Lauterbach’s testimony against Laurean. There is a simple lesson for all people on the run from a capital offense in the United States. International extradition has a price in most of the civilized world. That price is there will be no extraditions without a guarantee that the death penalty wont be sought or imposed on the accused. Most convicted killers don’t live to see a prison death chamber because of the decades long chain of appeals involved in these cases. However spending time on Death Row is really hard time compared to even super maximum state prison general population housing units. Touching foreign soil did much more than save Laurean’s life. Even if he serves a maximum term ...

This is a no brainer for me. We all know that dangerous and violent criminals are young. As criminals age their crimes decrease accordingly. A purse snatcher for example can’t do those escape sprints at 45 or 50 like he could at 25. Maturity also tames those who like to engage in risky behavior. Life in prison is supposed to be just that. However the truth is life or at least the quality of life is really over for prison inmates and everyone for that matter when, disease, blindness, hearing loss and the inability to simply walk brings disability. Our prisons have become nursing homes with significant health care costs. That’s over and above the cost of security over senior citizens behind bars. The solution is simple if prisoners are so old or so disabled they are no longer a threat let them out. That’s far better than letting out a 25 to 45 year old burglar, robber or rapist early. That means people like Charles Manson, Sirhan Sirhan, other high profile ageing convicts will...

No, I still don’t know what sparked this wild mess. The news here for Howard Morgan is not good. A Chicago jury voted 11-1 for conviction on the most serious charges. Racially charged cases seem to end in acquittal if the cops were White and the defendant Black. Here the jury must have found compelling evidence that Morgan tried to unlawfully open fire on uniformed cops after a minor traffic violation. Morgan can count on being retried and barring some new evidence for the defense it looks like a long prison sentence for Morgan is in the cards. Howard Morgan needs to fold his cards and get the best deal he can get. Whatever happens now won’t be pretty. Emotions have run very high on this tale of extreme violence and accusations. For my merely asking questions about what happened on this blog I’ve received a few very offensive anonymous comments that had to be deleted because of the language alone. I hope they did not come from cops. I never took sides on this story because I...

As the jury selection is nearing completion the big buzz is about a person selected that lists his occupation as a high profile TV news producer. Apparently this journalist’s duties caused him to gather information about the Spector case. The defense has not run scared and allowed the journalist to stay and judge Spector. The defense is obviously totally convinced the facts and evidence will clear the legendary record producer of charges he murdered the beautiful Lana Clarkson. Many legal experts say this is risky for the defense, kind of like seating a cop on the jury. I suggest that a journalist will be more inclined to deal with the facts and not guess his way to a verdict. All along I’ve said the facts and evidence are on Spector’s side. The same cannot be said for thirty-year old allegations made by people who had failed relationships with Spector. Judge Larry Fidler has allowed ancient accusations that were not deemed worthy of a court intervention back then to be tried in...

An executive assistant to Senator Jim Webb was arrested for packing a loaded by Capitol Hill Police while entering the Russell Senate Office Building. Just what was the violated law? Why none other that the one recently struck down by the Court of Appeals. What’s beyond funny that congressmen and senators can carry guns under the rules they made for themselves. I guess our politicians should never, ever have to suffer from the same laws that they demand all other Americans must live under. The same royal rules did not help Webb’s staff member carrying the good senator’s gun for him while he parked his car. It will be fun watching this case float through the legal system.

An off duty 20th District tactical officer is in very hot water today for his Feb. 19th, apparently unprovoked attack on a lady bartender on Chicago’s Northwest side. I like to avoid these stories but this one needs attention. Officer Anthony Abbate, 38 faces a two to five-year prison term for Aggravated Battery along with swift and certain firing from the position of public trust he’s held for over 12 years. In addition to the Aggravated Battery felony charge is an allegation of witness tampering. Officer Abbate has destroyed his own future and brought tremendous embarrassment down on all of his fellow officers with his shocking behavior. I will be following this case through the court system and you can learn the results right here. A Chicago Tribune with security video can be seen here .

Washington DC--It’s a great day for the Bill of Rights in America! A three judge appellate court panel just ruled that the Second Amendment is a right of the people, not just militias. The decision overturned a low court ruling that upheld the ban in light of a legal challenge by area residents. This has strong implications for the entire nation and will affect gun bans in California, New York, and Illinois. The next step is an appeal by gun ban proponents to the United States Supreme Court. Read the opinion here! With other pro-freedom rulings made in recent years it may well mean that American’s right to keep and bear arms has real meaning.

Orlando- Astronaut Lisa M. Nowak was on one more, way-out mission. This time not in space but in her overactive imagination which was overloaded with intrigue and perhaps thoughts of homicide. Police say Nowak wore diapers for her 12-hour drive from Houston, Texas to Orlando, Florida so she would not have to stop just like she always did on her space missions. This time her program may well been to abduct and kill her rival, Air Force Captain Colleen Shipman who Nowak believed was in a relationship with Bill Oefelein, another NASA astronaut. Nowak followed Shipman to an airport parking lot and sprayed her with a defense chemical. A steel mallet, several feet of rubber tubing and hand-written directions to Shipman's home were recovered by police from Nowak's car, which was parked at a nearby Orlando LaQuinta Inn. Apparently the lovesick space-lady told Orlando police detectives her tale that we can count on to be developed into a major motion picture. Could it be time for ye...

Los Angeles County Sheriff’s officers responded to a call for help from this actor’s palatial Malibu estate involving a rhubarb between Ryan O’Neal, 65 and his son Griffin O’Neal, 42. An unidentified 22 year-old, pregnant girlfriend of the younger O’Neal was somehow injured in the melee. The younger O’Neal purportedly went after his dad with a fireplace poker. The elder O’Neal allegedly fired a single shot that sent the younger O’Neal running away. Let’s review this… A younger, stronger man assaults an older weaker man. The younger man has converted a fireplace poker into a deadly weapon. The elder man stops the attack with a shot that injures nobody. The elder man owns the house. So far nobody has been charged with causing injury to the pregnant female. Add to this that the younger man has a criminal record and the senior man does not. I’m sorry, but I can’t see a valid reason to arrest Ryan O’Neal for anything at all. I always thought they sent every Los Angeles County deput...

Chicago--Two Deputy U.S. Marshals were killed during a wild 1992 escape attempt by bank robber Jeffrey Erickson. One was retired Chicago police officer Harry A. Belluomini and fellow marshal Roy Frakes . Now an accomplice to the escape, Robert Burke is being re-sentenced for his part in this horrible crime. The family of hero, Harry A. Belluomini is asking for assistance from fellow coppers to let the trial Judge Rebecca Pallmeyer the gravity and impact of this crime on this close-knit police family and the entire community. Below is a letter from Belluomini’s family: Re: Robert BURKE 01CR1049 We are asking for your help, in writing letters of concern to Federal Judge Rebecca PALLMEYER, who will be presiding over a re-sentencing hearing on March 7th, 2007, regarding convicted federal prisoner Robert BURKE. Our father, Harry A. BELLUOMINI was a retired Chicago Police Detective working at the Dirksen Federal Building for the U.S. Marshal Service, when on July 20th, 1992 he was sho...

SAN FRANCISCO- 51 year-old, Sergeant John V. Young was murdered on August 29, 1971 during a racist attack on a police station. The police station was emptied of officers who had responded to an earlier bombing at another location, two men entered the police station and stuck a 12-gauge shotgun through an opening in the bullet proof glass that separated the waiting area from the rest of the police station. The suspects fired between five and ten shotgun blasts, killing Sergeant Young and wounding a civilian employee of the department. Both gunmen then fled from the station house and into a waiting getaway car. Both suspects were later determined to be members of the Black Liberation Army. Now eight suspects were arrested and charged in connection with Sergeant Young's murder. Advances in forensic investigation and renewed efforts to solve cold cases netted this group of urban terrorists.