Charlotte Criminal Lawyer Blog

Electronic Monitoring Leads to Conviction in Charlotte

Published on: August 4, 2012 | On behalf of Arnold & Smith, PLLC

According to WCNC, just this week the Charlotte-Mecklenburg Police Department announced that their electronic monitoring program led directly to a rape conviction. Damian Jackson claimed that he never committed the crime, despite evidence from the electronic ankle bracelet that showed he was at the scene at the time of the rape.

His defense attorney argued that Jackson could not have committed the crime given that he was on foot and that there was just a nine-minute window where the woman was assaulted. electronic monitoring device 8.4.12.jpg It took the jury only 20 minutes to convict Jackson, apparently not convinced by the victim’s testimony. Instead they were swayed by the data contained on the monitoring system.

The moment marked the first time a defendant in Charlotte has challenged the system in court. Police Sergeant Dave Scheppegrell said, “This is the first case where a person plead not guilty and we have a jury trial where a tracking monitor was showing them at the scene of a crime. That’s significant.”

For his crime, Jackson received eight-and-a-half to 11 years in prison. Had he agreed to the deal offered to him by the prosecution prior to trial he might have been released on time served.

The police department’s electronic monitory program began in 2007 and has since expanded dramatically, covering an array of crimes and suspects and running up a $35,000-a-month bill. Police say they are currently watching about 400 people at any given time and more than 1,000 this year alone.

The program was created in response to a rise in the number of robberies across Charlotte in 2004 and 2005. Even now the majority of those wearing the devices are facing robbery and burglary charges, though police have begun adding some domestic violence and sex assault offenders to the program. The program has thus far dealt with a significant number of younger offenders, with the majority of people monitored younger than 25. In February of this year, 251 of the 372 (67%) on electronic monitoring were in that age range.

Charlotte Police Prepare For Convention Crackdown

Published on: August 2, 2012 | On behalf of Arnold & Smith, PLLC

According to a recent report on WISTV, Charlotte police are ready for the thousands of protestors that will surely descend on the city during the Democratic National Convention in early September. The police department has added thousands of officers from outside departments and spent millions on training, equipment and temporary barriers. All that plus the very helpful layout of the city should ensure the police have the upper hand on any rowdy visitors.

The city’s geography should help police as the convention will take place in the heart of the business district which is flat and surrounded by interstate. charlotte dnc 8.17.12.jpg The police will easily be able to surround and secure protestors should the need arise. Police Chief Rodney Monroe says he’s ready to do what needs to be done to keep the city calm and says that if protestors start agitating people he won’t hesitate to take action.

Charlotte has spent some $50 million in federal money to buy new equipment and train officers. The city sent 100 officers to Chicago during the NATO conference earlier this summer to get a feel for what things might be like when the DNC comes to town. The city will also add some 3,000 officers from outside to help boost its existing force of 1,750 officers. Temporary concrete barriers along with 9-foot-high steel fences will spring up across town and serve as a way to manage crowds at key locations in the city.

More than spending money, the city is passing laws that will allow for a possible crackdown. Charlotte adopted a measure in January of this year that would allow the creation of designated spaces for people to gather during large events and prevent them from carrying backpacks or other items in those spaces. The City Council passed new security rules for what it referred to as “extraordinary events,” a label which has been applied not only to the DNC, but also to shareholder meetings for Duke Energy and Bank of America. The rules will permit searches of backpacks, briefcases, messenger bags, and carry-on luggage. Grounds for potential immediate arrest are possession of spray paint, hammers, crowbars, utility knives, padlocks, lumber, and permanent markers.

Recent Reports Show Rise in Charlotte Crime Rates

Published on: July 30, 2012 | On behalf of Arnold & Smith, PLLC

Some bad news has been reported for the Charlotte-Mecklenburg Police Department after data indicates a recent string of crime rate declines have come to an end. Three years of major drops in crime have abruptly stopped and been replaced with glaring jumps in a variety of crimes across the city.

Since the beginning of the year, homicides in the city have increased by an astounding 40% compared with the same period last year. Robberies are up 17% and aggravated assaults have spiked by 14%.

Such a development is unexpected under the new police chief, Rodney Monroe, who took over the department in 2009 and presided over an unprecedented drop in crime. Post #2 criminal image 7.30.12.jpg Almost immediately when he moved into his new role, the numbers began falling. In fact, in 2011, the department announced that the crime rate had fallen to the lowest level since it started keeping consistent records in the 1970s.

When the new numbers were revealed, the department emphasized that the trend in the city over the past three years is still downward for most crimes. The only exception over a three-year period is aggravated assault, which saw a 12% increase.

The approach used by the current police chief has resulted in lower crime than any of his other predecessors. Chief Monroe’s department focuses less on geography and more on identifying specific criminals and locking them up before they can commit additional crimes.

The larger picture across the state shows good news and continuing drops as the North Carolina attorney general announced that statewide crime dropped for a third year in a row. The drop marks a 34-year low and part of several decades of declining crime rates.

Charlotte Approves New Gunshot Detection System

Published on: July 26, 2012 | On behalf of Arnold & Smith, PLLC

According to recent article on WCNC.com, the Charlotte City Council has now unanimously approved the decision to bring a gunshot detection system, known as ShotSpotter, to the city. Police and elected officials are hoping that it will improve public safety and give officers another effective tool to help fight crime.

Currently, there are just under 70 systems in place across the country, including in Wilmington, NC. The system is costly, running around $50,000 for a one-year trial period. Here’s how it works: the detection system triangulates sound picked up by acoustic sensors which are situated on top of buildings, utility poles and other structures throughout a neighborhood. imagesCA0XXN13 7.26.jpg When gunshots are fired, those sensors produce a report which is relayed back to the control room of ShotSpotter where a technician will focus on a computer screen and zoom in on a satellite map to see where the gunshots originated. The technician then analyzes the data and zeroes in on the exact block where the incident took place. After having confirmed that the sounds were indeed gunshots, the tech will then contact the police department and alert them to the gunshots, the time that the shots were detected by ShotSpotter sensors and the exact location.

The system’s technology is incredibly sophisticated and can even be used to determine what type of gun was used and the caliber of the weapon. Proponents of the new technology contend that use of the detection system greatly improves response time and increases community confidence that the police will respond swiftly. For the moment, the Charlotte-Mecklenburg Police Department is remaining quiet about what part of town the ShotSpotter will be used in.

All this technology comes at a price, say some critics who complain that it invades the privacy of individuals and that it is not always able to distinguish between gunfire and other loud noises. The Pittsburgh Post-Gazette told a controversial story of an incident in New Bedford, Massachusetts where a ShotSpotter recording of an argument that took place on a street corner will play an important role in the case against two men charged with murder in a December 2011 killing. At a hearing earlier this year, an assistant district attorney said that the system had recorded arguing and yelling at a busy intersection. An attorney for one of the defendant’s says that if the prosecution uses the recording, it will raise important issues of privacy under the state’s wiretapping statute.

The defense counsel said that the technology opens up a can of worms related to privacy issues and begs the question, “Where will it stop?” The lead prosecutor said that the issue is not so important given that what was recorded was said in public and lacked an expectation of privacy. The government believes the evidence will turn out to be admissible.

Charlotte Man Arrested for Presbyterian Hospital Attacks

Published on: July 21, 2012 | On behalf of Arnold & Smith, PLLC

A report out of WCNC.com, reveals that a Charlotte man is now behind bars after a hospital employee was attacked and held at gunpoint just outside Presbyterian Hospital. This recent attack marks the third such incident in as many weeks.

The latest assault took place around 4 p.m. Tuesday, July 17, 2012 at the main hospital located in the Elizabeth neighborhood. A female employee was leaving work when she was robbed at gunpoint in an elevator in the parking garage adjacent to the hospital’s orthopedic center. Post #2 criminal image 7.20.jpg Thankfully, the employee was not injured in the attack. Police say the gunman, Lejarris Williams, took the employee’s purse and ran from the scene but was quickly apprehended by Presbyterian Healthcare Public Safety Officers on a nearby street.

Not all the victims have been as lucky as the woman in this incident. An earlier attack left a nurse badly injured after having been stabbed three times and robbed in another hospital parking lot in the early morning hours of June 27th. Later that same day, another employee, Kelli Hannum, says she was robbed in the parking lot.

Presbyterian Hospital began offering a $10,000 reward on June 28 to help find out who was responsible for the first two attacks. The hospital also beefed up security. Many in the area are relieved at the news of the recent arrest but police have not yet said whether Williams is connected to the two previous attacks.

Charlotte Soccer Coach Arrested for Sex With a Minor

Published on: July 19, 2012 | On behalf of Arnold & Smith, PLLC

According to Fox Charlotte, a soccer coach from the Catawba College Hall of Fame and Steele Creek Soccer Club has been arrested and charged with three counts of indecent liberties with a child, crimes against nature and first-degree sex offense.

Under North Carolina law, § 14‑202.1 refers to the crime of taking indecent liberties with children. It states that if a person over the age of 16 and at least 5 years older than the child in question takes or attempts to take any “immoral liberties” with the child, they could be found guilty of a Class F felony. Post #1 criminal image 7.18.jpg Any improper, immoral, or indecent acts done out of the purpose to gratify sexual desires or for arousal could fall into this category of crime. In this case, a child refers to anyone, male or female, under the age of 16.

Investigators said the arrest of Ralph Wager, 69, occurred as the result of a two-month long investigation following one man coming forward and claiming Wager had inappropriate sexual contact with him in the late 1980s. At the time the incident was alleged to have occurred, Wager was a soccer coach and PE instructor at Catawba College in Salisbury and was later inducted into their hall of fame in 2008. The school has since been notified of his arrest and is cooperating with the criminal investigation.

Investigators are not yet revealing the nature of the evidence they have against Wager but say it is strong enough to move forward with charges. It’s also not yet clear if Wager confessed after being questioned by police. He was arrested earlier this week, on Tuesday night, at his home in east Charlotte.

The victim was 9 years old when the abuse began and 12 when it ended. The boy was not directly under Wager’s soccer instruction at the time of the sexual abuse, but was involved in a different athletic activity.

The Steele Creek Soccer Club has removed Wager from its website and say he has been suspended indefinitely as a coach due to the Steele Creek Athletic Association’s zero-tolerance policy. Wager is currently in jail with a $500,000 bond. Wager waived having a court appointed attorney and is now scheduled to be in court for a probable cause hearing on August 1.

Incarcerated Juveniles in North Carolina Prepare for Sentencing Changes

Published on: July 14, 2012 | On behalf of Arnold & Smith, PLLC

The Supreme Court recently held that it is cruel and unusual punishment to send a young murderer to prison for life if a judge has not first weighed whether he or she deserves a shorter prison sentence due to his or her youth and the specific nature of the crimes committed. The 5-4 decision struck down laws on the books in some 29 states – including North Carolina – that say life sentences without parole for juvenile murderers are acceptable.

Officials in North Carolina law enforcement say it will take some time for the state to assess the impact of the ruling. Post #2 criminal image 7.15.jpg Most experts in the state say that the number of state prisoners affected by the Supreme Court ruling is around 88.

North Carolina was among 29 states that required life sentences for youth found guilty of first-degree murder. Legislators in the state took action in the final days of June’s legislative session to approve a bill making parole possible for offenders who killed while under age 18 and Governor Bev Perdue signed the bill into law Friday. The new bill would require judges to consider the juvenile’s age, intellectual capacity, prior record, familial and peer pressure and other mitigating factors before handing down the sentence. Life still remains an option, but only for those convicted of premeditated murder. It’s important to note that the decision does not mean it’s unconstitutional to sentence juveniles to life in prison, only that statutes that make such sentences mandatory are no longer acceptable.

The bill acts as a major retooling of sentencing laws that defined the state’s criminal justice system for nearly the past 20 years. In 1994, the state basically abolished parole in what was known as the “truth-in-sentencing” reforms. Since then, inmates have been required to finish out their terms.

The U.S. Supreme Court ruled on two cases of 14-year-old boys, one from Alabama and another from Arkansas, who were given life sentences for their roles in a murder. In the case of young people who participate in homicide, “a judge or jury must have the opportunity to consider mitigating circumstances before imposing the harshest possible penalty.” Justice Elena Kagan wrote, “We therefore hold that mandatory life without parole for those under age 18 at the time of their crimes violates the Eighth Amendment’s prohibition on ‘cruel and unusual punishments.'”

Discreetly recording the police? There’s an app for that

Published on: July 11, 2012 | On behalf of Arnold & Smith, PLLC

Just last week we did a post about the police in Charlotte’s use of license plate scanners. Now Yahoo has news of a civil rights group that’s trying to turn the tables on police. The New Jersey Branch of the Americans Civil Liberties Union (ACLU) has created a new app that will allow users to discreetly monitor and record police activity. The mobile phone program is designed to hold police officers accountable for their behavior while interacting with the public.

The app, dubbed “Police Tape,” allows people to securely and inconspicuously record interactions with police officers. Currently the app is only available on Android devices, but another version for the iPhone will be released later in the summer. The ACLU says the device will act as a critical tool for monitoring the actions of law enforcement officers.

The ACLU’s New Jersey executive director, Deborah Jacobs, said, “Too often, incidents of serious misconduct go unreported because citizens don’t feel that they will be believed.” She says this app should go a long way to remedying that worry.

Unlike most, if not all, recording apps, “Police Tape” disappears from the screen once it has been launched, reducing the likelihood that a police officer will notice that the device has been engaged. cell phone - post 7.11.jpg The app also allows users to electronically transmit the file to the ACLU for safe-keeping and review. Further, the program contains legal information concerning the rights of citizens when confronted by police.

The recent announcement follows not far behind another app by the New York branch of the organization called “Stop & Frisk Watch.” The app does much the same thing, allowing citizens to clandestinely tape the NYPD police during a stop and relay the information to the local branch. According to the New York Amsterdam news, over 2,000 videos have been sent in thus far. Unlike “Police Tape,” when “Stop-and-Frisk Watch” is activated, it also triggers an alert to warn nearby users that a police stop is happening.

UNC Professor Held in Argentina On Drug Charges Close to Release

Published on: July 7, 2012 | On behalf of Arnold & Smith, PLLC

According to the News & Observer the UNC-Chapel Hill physicist that is currently being held in Argentina after being found with two kilos of cocaine is saying a personality disorder led him to being so easily lured into smuggling the drugs.

The professor, Paul Frampton, the Louis D. Rubin, Jr. Distinguished Professor of physics and astronomy, flew to South America in the first place only after having been tricked over the Internet into believing that he would be meeting a young model. Instead, when he arrived in Bolivia he was told to carry a suitcase to Argentina and ultimately on to the U.S. The drugs were stored in a kind of false bottom to the suitcase that was otherwise empty. Post #2 criminal image 7.5.12.jpg Frampton was arrested before he was to leave Argentina, while still in the main airport in Buenos Aires. He now faces up to 16 years in prison.

Frampton admits that a normal person would not have so readily agreed to such a scheme. “I’m an outlier in the naivety quotient as well as IQ,” he said. “I buy that. “There were, of course, warning signs that most people would have viewed with great suspicion, and this diagnosis as a defense explains the foolishness,” he said. “But I certainly had no idea there were illegal drugs and certainly had no idea of smuggling drugs to make money.”

Frampton’s defense lawyers said that they hired a forensic psychologist to meet with him while in prison and who was able to diagnose Frampton with a schizoid personality disorder that causes him to be unusually gullible. Friends and family say the news comes as absolutely no shock. His ex-wife, Anne-Marie Frampton, says, “He is totally devoted to physics and to his students, but in the rest of his life he has always been like a child.”

Other friends of the professor said that he has a history of similar unfortunate incidents, including the pursuit of young foreign women on the Internet. A friend and Nobel laureate said that Frampton once persuaded a Chinese woman in her 20s to marry him, but when he flew to China she took one look at him and changed her mind.

Frampton and the school are also now fighting over his pay after UNC decided to stop paying his salary saying that he was unable to do his job from an Argentine prison. He filed suit saying that he was able to perform his work from prison, having written two research papers and properly advised his graduate students via telephone. Just last week an Orange County judge turned down his request for an injunction.

Judge in Trayvon Martin case grants Zimmerman $1M bail

Published on: July 5, 2012 | On behalf of Arnold & Smith, PLLC

George Zimmerman, the Florida man charged with killing Trayvon Martin, was given a second chance earlier this week to get out of jail when the judge set bail at $1 million. In his ruling, Circuit Court Judge Kenneth Lester said that George Zimmerman manipulated the court during his first bond hearing in April and may have planned to flee with the more than $130,000 he collected through a personal website. Though they are pleased he was granted bail at all, Zimmerman’s defense attorneys say the new bail will be hard for their client to come up with.

Post #1 criminal image 7.3.12.jpg Judge Lester says that the increased bail amount is not meant as punishment, but instead it’s meant to allay concerns that Zimmerman intends to flee the jurisdiction. The judge believes that a lesser amount would not guarantee Zimmerman’s presence in court.

Judge Lester decided to revoke Zimmerman’s existing $150,000 bond last month after the state prosecutor accused Zimmerman and his wife of lying to the court about their financial assets during his initial bond hearing to obtain a lower bond. A hearing revealed how Zimmerman instructed his wife on how to transfer money from his bank account into hers and his sister’s while he was in jail, according to recordings of jail calls released by prosecutors.

Judge Lester essentially agreed with the State’s version of events and its portrayal of Zimmerman as a liar. He completely rejected the idea put forward by Zimmerman’s attorney, Mark O’Mara, that Zimmerman lied about his finances because he did not trust the system.

Zimmerman’s wife, Shellie, 25, will also now face a perjury charge for allegedly lying about the couple’s finances. She too was briefly jailed before posting a $1,000 bond.