Showing posts with label defense. Show all posts
Showing posts with label defense. Show all posts

Wednesday, December 22, 2010

Defense Lawyers Whine that DA's "Too Tough"

?Can you believe this!? Defense attorneys are complaining that Manhattan DA Cy Vance -- the guy whose job is, you know, to prosecute criminals -- is "too tough!" The Daily News interviewed a bunch of defense attorneys (but also some prosecutors!), who are whining that Vance is clogging the city's court system by refusing to hand out lenient plea deals and taking too many cases to trial. The gall!

One defense attorney told the News that "a lot of cases that should be settled are not getting settled," speculating that maybe the DA's office is refusing to plea bargain because they're bored (the county has filed 4% fewer felony cases this year).

But then another anonymous lawyer suggested that prosecutors might just be stupidly stubborn, citing a "big-time drug case" where the the DA had a "weak" case and refused to offer a plea deal. (The defendant was apparently acquitted.)

The hard-line approach, along with Vance's reported crackdown on serious misdemeanors and repeat offenses, has caused the number of courtroom trials to spike by a whopping 129 percent, which defense attorneys are complaining will jam the wheels of justice to a grinding halt.

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Wednesday, December 8, 2010

Lawyers Use Cocaine Defense in Alberto Contador Doping Case

Cycling News

Lawyers Use Cocaine Defense in Alberto Contador Doping Case

By AP and Roadcycling.com
Dec 7, 2010 - 8:02:30 AM

Alberto Contador's lawyers are using tennis player Richard Gasquet's successful appeal against cocaine use as part of their own defense for a failed Tour de France doping test.

Earlier today Alberto Contador's lawyer Andy Ramos?said a decision in cycling's biggest case could come "any day" as the Spanish cycling federation's disciplinary committee determines whether Contador merits a two-year ban after testing positive for clenbuterol.

The three-time Tour de France champion's defense is he ingested the muscle-building, weight-loss steroid inadvertently through contaminated meat.

Contador's lawyers are using several cases relating to other athletes to highlight that Contador did not voluntarily take the steroid. He will also lose his Tour title if he is found guilty.

French player Gasquet avoided a lengthy ban last year after proving he inadvertently ingested cocaine after kissing a woman at a nightclub.

"Not one of the scientists we have worked with has said it couldn't have been anything but contamination," Ramos commented in a telephone interview. "The levels are ridiculous - it couldn't be anything else."

Contador's lawyers are also using the case of Dimitrij Ovtcharov, who was cleared of doping by the German table tennis federation in October. The Ukrainian-born Ovtcharov successfully argued that tainted meat consumed in China was the reason for his positive test for clenbuterol.

Ovtcharov turned up an "extremely low" concentration of 75 picograms per milliliter in his sample compared to 50 picograms for Contador. A picogram is one trillionth of a gram.

The World Anti-Doping Agency and the International Tennis Federation attempt to ban Gasquet for two years was overturned after the Court for Arbitration for Sport accepted his claim that he inadvertently consumed cocaine by kissing the woman in a Miami club hours after withdrawing injured from a tournament last year.

Gasquet did not deny cocaine was in his system but proved it was not intentionally taken while showing no negligence on his own part. He served a 2?-month suspension.

Contador is at the Playitas in Fuerteventura, Canary Islands, training with his Saxo Bank-SunGard team, which is preparing for the 2011 season. Contador also won the Tour de France in 2007 and 2009.

Related articles

Lawyers Use Cocaine Defense in Alberto Contador Doping Case - Dec 7, 2010 - 8:02:30 AM
UCI to Increase Anti-Doping Controls in 2011 - Dec 4, 2010 - 1:02:10 AM
Floyd Landis Says Clenbuterol Use Widespread in Cycling - Nov 30, 2010 - 5:15:40 AM
Alberto Contador Submits Official Defense Documents in Doping Case - Nov 26, 2010 - 2:40:12 PM
Alberto Contador Contends Innocence - Nov 26, 2010 - 1:29:02 AM
Alberto Contador Contaminated Meat Claim Rejected - Nov 17, 2010 - 9:01:04 PM
Lance Armstrong Doping Investigators Travel to France - Nov 16, 2010 - 8:58:32 AM
Lance Armstrong Teammate Popovych's Home Raided in Italy - Nov 14, 2010 - 4:01:44 AM

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Sunday, November 28, 2010

Alberto Contador Submits Official Defense Documents in Doping Case

Cycling News

Alberto Contador Submits Official Defense Documents in Doping Case

By AP and Roadcycling.com
Nov 26, 2010 - 2:40:12 PM

Alberto Contador has submitted his official defense for a failed 2010 Tour de France doping test, giving the Spanish Cycling Federation documents he claims will show clenbuterol contaminated meat is to blame.

Alberto Contador spokesman Jacinto Vidarte earlier today said that Contador accompanied his lawyers to the federation's headquarters to hand over the necessary documentation.

The 27-year-old Spanish cyclist risks losing this year's Tour de France title and could face a two-year ban from pro road cycling if found guilty of using clenbuterol, a banned muscle-building and weight-loss steroid.

Contador says beef bought from Spanish border town Irun caused the failed July 21 test.

The Spanish Cycling Federation's disciplinary committee had opened the case earlier this month.

Related articles

Alberto Contador Submits Official Defense Documents in Doping Case - Nov 26, 2010 - 2:40:12 PM
Alberto Contador Contends Innocence - Nov 26, 2010 - 1:29:02 AM
Alberto Contador Contaminated Meat Claim Rejected - Nov 17, 2010 - 9:01:04 PM
Lance Armstrong Doping Investigators Travel to France - Nov 16, 2010 - 8:58:32 AM
Lance Armstrong Teammate Popovych's Home Raided in Italy - Nov 14, 2010 - 4:01:44 AM
WADA: No Tour de France Doping Tests at Nighttime - Nov 12, 2010 - 10:53:19 AM
Spanish Cycling Chief Hopes Alberto Contador Will be Cleared - Nov 9, 2010 - 5:34:21 AM
UCI Wants Spain to Initiate Case Against Alberto Contador - Nov 8, 2010 - 1:42:37 PM

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Tuesday, October 26, 2010

Rightbloggers fulfilled find a black Guy Scared of the Muslims, in defense Juan Williams

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tomt200.jpgCelebrity journalist Juan Williams had a good week, on balance. First, he was fired by National Public Radio for remarks he made on Fox -- his other major employer -- about his fear of Muslims on airplanes.

That might seem at first a minus, but Williams was immediately rewarded by Fox with a new $2 million contract. Plus, he cemented his reputation among conservatives as one of those liberals who -- like Joe Lieberman -- can be relied upon to criticize liberals.

You could argue (as some liberals did) that Williams' shouldn't have been fired for his comments, especially since he said some less-offensive things later. Some rightbloggers did make that argument. Some even denounced prejudice -- against conservatives. Prejudice against Muslims, though, they didn't mind. In fact, that was mainly what they liked about what Williams said.

Williams' fatal remarks were made on The O'Reilly Factor, in response to one of Bill O'Reilly's anti-Muslim rants:

...political correctness can lead to some kind of paralysis where you don't address reality I mean, look, Bill, I'm not a bigot. You know the kind of books I've written about the civil rights movement in this country. But when I get on the plane, I got to tell you, if I see people who are in Muslim garb and I think, you know, they are identifying themselves first and foremost as Muslims, I get worried. I get nervous.

Later in the show Williams supplied some context:

But I think there are people who want to somehow remind us all as President Bush did after 9/11, it's not a war against Islam. President Bush went to a mosque... if you said Timothy McVeigh, the Atlanta bomber, these people who are protesting against homosexuality at military funerals, very obnoxious, you don't say first and foremost, we got a problem with Christians. That's crazy.

We who have free souls, it touches us not, but NPR canned Williams, and suddenly he was the recipient of what's known in the business as a Strange New Respect from rightbloggers -- but not for the comments in the second box.

Rightblogger Instapundit, who had only previously noticed Williams a few times, has at this writing 12 posts about his firing. One of Instapundit's themes was that NPR was "racist" to fire the African-American Williams. (This is a joke based on the ancient conservative trope that liberals are the real racists.)

For some it wasn't a joke. "People will think I'm kidding by saying Juan Williams was fired because he's a black man," said Dan Riehl, "but I'm not." He explained: "If Juan Williams is impacted by the behavior of Muslims, then progressives -- and NPR is that -- can't lecture white America that their concerns are based on hate, religious intolerance, bigotry or xenophobia."

So if a black person admits prejudice, apparently, that lets white people off the hook. (Riehl himself enjoys telling his readers about black people he considers racist, but we guess this schtick only works with liberals.)

Jammie Wearing Fool noticed that NPR now has no on-air talent of color. "NPR - where the 'P' stands for 'Plantation,'" said small dead animals.

?Anonymous Attorney of VDare -- a website celebrating what we might politely call white exceptionalism -- said, "Indeed, it's a little hard to categorize Williams as a 'bigot,' i.e., someone who would take the side of whites in a racial dispute. He may have thought -- like Rick Sanchez -- that his own race gave him a longer leash to be honest about things." (This, from a guy prone to complain about "the abuse of whites in the mainstream media.")

Some boldly defended Williams on the grounds of the First Amendment, which guarantees reporters a right to jobs with the employer of their choice, or at least it does in their version of it.

"Screw Free Speech," projected Big Journalism onto NPR. The firing was "nothing more than the latest chapter in liberals' recent and sordid history of thought-policing," said Michael Schwarz of the Ashbrook Center.

And it goes all the way to the top! "But what happens when paranoia grips those in power?" asked Schwarz. "What really matters here is that the Obama administration's petulant 2009 crusade against FOX News, complete with the equally petulant narrative that spawned that crusade, retains its relevance among the paranoid left." Thus, liberals "convince themselves that their opponents act from feelings of paranoia rather than legitimate opposition born of serious reflection, and when one among them gets control of the government, it then becomes possible -- imperative, actually -- to de-legitimize the sources and the forces of this so-called paranoid opposition." We have to admit: He makes a better case against paranoia than he probably intended.

At Pajamas Media Richard Fernandez said the firing indicated the return of "blasphemy" to the "secular West," classed Williams a victim of it along with Larry Summers and Ginny Thomas, and suggested that in this dangerous new age "next time Anita Hill can call the FBI and get you arrested." Gasp! No wonder Ginny Thomas wanted an apology.

"Self-styled liberals," declared Jeff Goldstein of Protein Wisdom, "no longer support actual liberal policy." In fact, "'Liberalism' in this country, where it truly exists, has migrated -- as I did -- to the right side of the political aisle." Hmm, so they've got the liberals and the conservatives -- don't see what they're complaining about.

Bernie Goldberg said Williams' firing proved that liberalism had died, and worried that "his firing will make lots of other Americans think twice before they say something the boss may not like." Even worse -- what if they instead expect to immediately get a new job that pays $2 million? Think how disappointed they'll be.

The perfidy and racism of liberals was just a fun sidelight for rightbloggers, though -- the important message was that fear of Muslims on planes is normal, even admirable.

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