D'oh!

There are stories in the world that are hard to characterize. They are part gallows humor, part slapstick, part poetic justice, part irony, and part Schadenfreude.

Some of the stories are strange, or candidates for someone's Darwin Achievement Award, Oberman's Worst Person in the World or, my favorite, Stupid Criminal Tricks, but the common thread is that someone gets owned.

I can think of no better description that is both vague and yet says it all than from one of our most astute social commentators, Homer Simpson. Today's D'oh! goes to:

Today's D'oh! goes to: Willie Herman

Court Allows DNA Evidence Against Donor

In 1999, Willie Herman gave a DNA sample after being charged with robbery. He voluntarily submitted the sample through his public defender, and the evidence led to his acquittal on the robbery charge.

After the trial, the district court directed that all of Herman's property be made available for pickup. Herman could not collect his belongings because he was serving time in prison on a different charge. His attorney made no effort to collect Herman's property.

Herman's DNA results were then entered into a criminal database without his knowledge or permission.



In 2000, law enforcement officials retested the blood evidence found at Leslie Carter's murder scene and matched it to Herman's DNA. ---D'oh!

Carter was found dead in a bathroom in a park along the Truckee River. Blood that was not Carter's was found in the bathroom, but no DNA match could be made in the database in 1997.

On appeal, Herman said the DNA evidence obtained at his robbery trial was inadmissible at his murder trial. The Nevada Supreme Court found that prosecutors correctly argued that Herman consented to the use of his DNA sample and so waived any potential privacy interests.

Herman was sentenced to life without the chance for parole for the murder of Leslie Carter in a Reno park in 1997.

Legal Pundits: Nancy Grace

I have a real problem with most attorneys being regular contributors on the cable news networks discussing ongoing criminal investigations or trials. Not because they shouldn't offer their opinions as legal commentators but because they're so wrong most of the the time.

Some are of them are "former prosecutors (I can understand why) like Kimberly Guilfoyle (recently hired by Fox), and Marsha Clark. Some have no experience in criminal law like Gloria Allred. And some have become hosts like Greta Van Susteren (whose show I have appeared) and Nancy Grace.

I don't include attorney's like Laura Ingram and Ann Coulter because not only do they not provide legal analysis but they general stay away from the crime beat (unless it's defending Libby and all those associated with Abramoff.)

There are really only three media attorneys I think are entertaining and astute: Dan Abrams, Jeffrey Toobin, and Geoffrey Fieger.

Nancy Grace

Nancy Grace joined Court TV from the Atlanta Fulton County District Attorney's Office where she served for a decade as Special Prosecutor of major felony cases involving serial murder, serial rape, serial child molestation and arson. Grace compiled a perfect record of nearly 100 felony convictions at trial and no losses.

I've watched Grace for a number of years after catching her on her Court TV show. Even back then, she was more of a populist victim's rights advocate rather than an objective legal commentator. Despite her rhetoric, I always got a kick out of her odd vocal inflections and eye-popping expressions.

Now, on CNN, her mannerisms and speech has only gotten more shrill. She falls in line with the old adage, "Give the people what they want." The only problem with that is that requires the news media to abdicate its responsibility to educate and inform.

Recently, the New York Observer has written a piece that gives some insight to Grace's punditry.

In it, the NYO finds that Grace plays fast and loose with the facts her fiancee's murder, the inspiration for her legal and media profession.

But [the official records from the Georgia Bureau of Investigations, newspaper articles from the time of the murder, and interviews with many of those involved in the case], contradict Ms. Grace when it comes to other salient facts of the crime and the trial—the facts that form the basis of Ms. Grace’s crusade against an impotent, criminal-coddling legal system.

• Griffin was shot not by a random robber, but by a former co-worker.

• The killer, Tommy McCoy, was 19, not 24, and had no prior convictions.

• Mr. McCoy confessed to the crime the evening he was arrested.

• The jury convicted in a matter of hours, not days.

• Prosecutors asked for the death penalty, but didn't get it, because Mr. McCoy was mildly retarded.

• Mr. McCoy never had an appeal; he filed a habeas application five years ago, and after a hearing it was rejected.

Playing "fast and loose" isn't something she just does on her TV show but something she did as a prosecutor as well.

But in 2005, the 11th Circuit Court in Georgia declared that Ms. Grace had “played fast and loose” with facts in her 1990 triple-murder prosecution of Herbert Connell Stephens. In 1997, the Georgia Supreme Court overturned an arson-murder verdict, finding Ms. Grace had withheld evidence from the defense; in 1994, the same court had overturned her conviction of a heroin trafficker, finding problems with her closing argument.

What's troubling is not only does she misstate the facts in interviews and in her book, but she admits not having done any background on the case and then justifies these falsehoods for what can only be called a personal crusade.

She does a disservice to her viewers and to the law by slanting criminal cases in away that can only engender distrust with the criminal justice system.

Schadenfreude Update: The Ferrai Enzo Mystery Fat Steven's Million D'oh! keeps getting louder. As previously blogged here, former disgraced gaming executive and Swedish felon, Fat Steven crashed his Enzo in Malibu while posting a %0.09 BAC (and you know he was driving despite he's claims to the contrary).As today's Los Angles Times reports, things just keep getting better for him.The crash has also garnered the attention of a leading Scottish bank, which has informed sheriff's investigators that it may own the destroyed car. At the same time, detectives are trying to figure out why another exotic car in Eriksson's extensive collection, a Mercedes SLR, was listed as stolen by Scotland Yard in London, said Sheriff's Sgt. Phil Brooks.The totaled Ferrari was one of two Enzos that Eriksson brought into the United States from England along with the Mercedes SLR, Brooks said. But detectives concluded that the totaled vehicle did not have appropriate papers and was not "street legal" for driving in California, he said.I smell an insurance fraud charge being tacked on the growing list of possible charges.

Fat Steven's Million D'oh! keeps getting louder. As previously blogged here, former disgraced gaming executive and Swedish felon, Fat Steven crashed his Enzo in Malibu while posting a %0.09 BAC (and you know he was driving despite he's claims to the contrary).

As today's Los Angles Times reports, things just keep getting better for him.

The crash has also garnered the attention of a leading Scottish bank, which has informed sheriff's investigators that it may own the destroyed car. At the same time, detectives are trying to figure out why another exotic car in Eriksson's extensive collection, a Mercedes SLR, was listed as stolen by Scotland Yard in London, said Sheriff's Sgt. Phil Brooks.

The totaled Ferrari was one of two Enzos that Eriksson brought into the United States from England along with the Mercedes SLR, Brooks said. But detectives concluded that the totaled vehicle did not have appropriate papers and was not "street legal" for driving in California, he said.

I smell an insurance fraud charge being tacked on the growing list of possible charges.

Katherine Harris for Senate

It looks like former co-chair of Bush's Florida campaign/Fla. Secretary of State now Congresswoman, Kathy Harris is in a bit of political hot water over some campaign issues.

No, not her 1994 campaign for state office where she received more than $20,000 in illegal campaign contributions from an insurance company she subsequently helped by introducing legislation that would have hurt one of its competitors.

"Federal prosecutors say nearly $400,000 of Riscorp contributions to Harris and dozens of other politicians were illegal. Five Riscorp executives have pleaded guilty to felony and misdemeanor charges. Riscorp's founder, Bill Griffin, was sentenced to five months in federal custody earlier this month in connection with the scheme to reimburse his employees for the illegal contributions.

Harris got $20,292 in illegal contributions from Riscorp during her 1994 state Senate campaign -- more than any other legislative candidate. She also has put that amount into the special elections trust fund. Harris also received $13,000 in legal corporate contributions from various Riscorp companies, more than any other candidate in any race, federal records show.

Federal prosecutors described her 1994 campaign manager as one of the "co-conspirators" or "co-schemers" in an effort to hide the true identity of campaign contributors on campaign finance reports." St. Petersburg Times, 8/25/98

No, not Election 2000. That's old news which has been thoroughly documented.

Mitchell Wade

We're talking about fresh new problems of corruption. This Congressional corruption, however, isn't connected to Jack Abramoff. This round is connected to Mitchell Wade.


If you don't know Wade, he's the generous founder of the defense contracting firm MZM. Wade, who took a $700,000 loss on the purchase of former Congressman now felon Randy “Duke” Cunningham's Del Mar home, allowed the Congressman to stay on his yacht while in Washington, and just outright bribed him, plead guilty last Friday.

"Mitchell J. Wade admitted yesterday in federal court that he attempted to illegally influence Defense Department contracting officials and tried to curry favor with two House members, in addition to lavishing more than $1 million in cash, cars, a boat, antiques and other bribes on convicted Rep. Randy "Duke" Cunningham (R-Calif.)." Washington Post, 2/25/06

Harris' problem lies in the fact that she's one those unnamed House members.

"Wade also pleaded guilty to election law fraud for making nearly $80,000 in illegal campaign contributions to "Representatives A and B," who are identifiable as [U.S. Rep. Virgil Goode, R-Va.]and Harris.

The member identifiable as Harris received $32,000 in illegal donations from Wade and his employees in 2004. Documents filed with Wade's plea say that he took Harris to dinner early last year, where they discussed the possibility of another fundraiser and the possibility of getting funding for a Navy counterintelligence program in the member's district. One source familiar with the inquiry said Harris made such a request for funding, but it was not granted.

Harris said in a statement that Wade had "discussed opening a defense plant in Sarasota that would create numerous high-skilled, high-wage jobs in my district." She said [she] had donated all her MZM donations to charity. "This case demonstrates the perils of a process in which candidates are sometimes asked to determine the intent of a contributor.'" Washington Post, 2/25/06

The good news for Harris is that she's not immediately the target of an impending prosecution:

"[P]prosecutors said yesterday that there was no sign they knew the contributions were illegal. Prosecutors said the investigation is continuing but wouldn't say whether Goode and Harris or the MZM employees who made the illegal donations for Wade are subjects of the investigation."

I'm sure it was all a big misunderstanding and Ms. Harris had no idea that something was amiss despite running afoul of similar campaign laws earlier.

"Wade also admitted that much of the campaign money he sent Harris and U.S. Rep. Virgil Goode, R-Va., was raised illegally by a method called straw contributing. Straw contributing, considered a felony, is done by giving employees money, then having them make a contribution to a candidate.

On one day alone, Harris collected 18 checks for $2,000 each from MZM employees and spouses." Herald Tribune, 2/26/06

The bad news is, this can't help her second attempt at the Senate.

Senate 2006

Trailing her Democratic opponent 53 percent to 31 percent, Harris has had to shake her prior campaign issues, as well as her cosmetically challenged image,



and well publicized gaffes. All these liabilities seem to have scared away the powers that be.

"In 2002, Harris ran for the U.S. House of Representatives in a heavily Republican district and won. Two years later, she considered making a run for Bob Graham's Senate seat. But the White House wanted a different candidate in the race—Mel Martinez, then the secretary of Housing and Urban Development. In an effort to keep Harris out of the primary, Republicans approached her with a backroom deal, according to Florida media reports: Stay out of the 2004 race and the party will support your Senate run in 2006. Harris agreed, and Martinez ascended to the Senate.

Earlier this month, Harris announced, right on time, that she would indeed make a 2006 run for Florida's second Senate seat, now held by Democrat Bill Nelson. But the Republicans she counted on haven't lined up behind her." Slate, 6/30/05

Without strong Republican backing and now being associated with the "culture of corruption" in Washington, Harris might flounder like another abandoned fawn of the Republicans, Jeanine Pirro

"Even Republicans would say she had her warning and apparently didn't learn anything from it. It's one thing to be fooled once but to be fooled twice says more about you than the foolers." Larry Sabato, political science professor at the University of Virginia. Herald Tribune, 2/26/06