Oklahoma Criminal Defense Blog

The Army psychiatrist accused of gunning down fellow soldiers at Fort Hood, Texas, is facing the death penalty.  Major Nidal Hasan now faces death in the court martial charging him with 13 counts of premeditated murder.  He is also facing 32 counts of attempted murder.  Colonel Morgan Lamb,  Hasan’s brigade commander acting as the convening authority in the case, has just recommended the death penalty be sought for the alleged shootings in 2009.  The presiding judge who presided over Hasan’s Article 32 hearing had also made that recommendation.

Hasan’s defense attorney was not surprised, he said, though he was disappointed by the decision to seek the death penalty.  John Galligan said he knew the Army had made this decision long ago.  The convening authority is supposed to make its own, independent decision in the matter.  Galligan and his fellow defense team members met with the convening authority a month ago and urged him not to seek the death penalty because it would be less costly, less time-consuming and would allow the defendant to plead guilty without the death penalty.

Galligan declined to discuss whether he had discussed any plea bargains with prosecutors or whether he is contemplating an insanity defense on Hasan’s behalf.  Col. Morgan also reviewed an Army mental health panel’s evaluation of Hasan’s mental condition before recommending to seek the death penalty.   The evaluation described Hasan’s mental condition at the time of the Fort Hood shootings in 2009.   It also gave an opinion whether Hasan is now competent to stand trial.  Galligan would not discuss that evaluation, but he did say the report would not prevent the Army from proceeding with a court-martial.  That suggests the report found Hasan sane at the time of the events in 2009 and is now competent to stand trial.

One of the ghosts of Hurricane Katrina has surfaced – again.  A fifth former police officer has been charged in federal court for covering up the killings of unarmed civilians in the days after Hurricane Katrina.  Ignatius Hills was charged in New Orleans federal court with obstructing justice and misprison of a felony.  Hills resigned from the police force less than a week ago, obviously in anticipation of this filing.

A week after Hurricane Katrina, police were called to the Danziger Bridge on a report that shots had been filed.  Lance Madison, a 40-year-old mentally disabled man, and James Brissette, who was 17, were both shot to death by the police.  Police arrested Madison’s older brother, Ronald, on eight counts of attempted murder of a police officer.  All those charges were later dropped, obviously charges trumped-up by the police to cover their wrongdoing.

Four other former police officers and one civilian have pled guilty to covering up the shootings.  They all plead guilty to plea agreements.  Hills has been charged by Information rather than Indictment, indicating he is going to plead guilty with a plea agreement.  The reason this is indicated by the filing of an Information is that a person has a right under the fifth amendment to the constitution to be charged only by indictment by a grand jury.  The government would not bother to file the Information unless Hills’ attorney, Robert Jenkins, had agreed to plead to it.   Hills is facing a maximum sentence of eight years.

The government Information claims Hills and others shot at unarmed people and then covered up to make the shootings appear justified.  Hills allegedly wrote a police report which accused Lance Madison of eight counts of attempted murder, even though Hills had no firsthand knowledge of wrongdoing by Madison.  The Information claims another officer dictated the report to Hills, who signed it, even though Hills believed Madison was being framed.

Hills is accused of getting together with other officers to develop false stories about the incident.  Those get-togethers included one particular secret meeting in January, 2006.  The government also accuses Hills him of giving false testimony when he testified to a state grand jury in October, 2006.

Joel Stoval filed a motion to withdraw his guilty plea in Freemont County District Court in Canon City, Colorado.  He had pled guilty to first degree murder in 2001 shootout which left a deputy sheriff dead and another police officer paralyzed.

District Judge Julie Marshal denied the motion to withdraw the plea,  She said Stoval’s attorney’s performance “not deficient.”  The judge heard six hours of testimony from Stoval and from his attorneys at the time of the plea, assistant public defenders Patrick Murphy and Doug Wilson.

Stoval had entered a plea to first degree murder of Freemont County Deputy Sheriff Jason Schwartz and the attempted of Florence Police Corporal Toby Bethel, who is paralyzed from the shooting.  He also pled guilty to 16 other counts of attempted murder for shooting at other police officers at the shootout.  He was sentenced to life imprisonment plus 800 years.

The shootout had arose when  Deputy Schwartz arrested Stoval and his twin brother, Michael, because Joel Stoval had shot a neighbor’s dog and a heated altercation began between the Stovals and the law enforcement officers.

At the hearing to withdraw his plea, Stoval testified he felt like he was defending himself, but his attorneys never discussed the issue of self-defense with him.  “They excluded the fact that Toby Bethel was reaching for his handgun,” Stoval testified, at which Bethel’s wife, Mary jumped up out of her seat in the courtroom and yelled, “You are such a #@& liar.”  She then left the courtroom.

Murphy testified to the contrary that Stoval had told him, “Officer Bethel did not see Joel because he was in the shadow next to the truck he had stolen.  I didn’t see any way the argument of self-defense could be made.”  Wilson testified similarly.  “I did not think we had a self-defense that we could have sold to the jury,” Wilson testified.

Joel Stoval testified the entire focus of the plea bargain was to prevent his brother from receiving the death penalty.  “I had to just take the advice of my attorneys.  I had no choice.”

Both Murphy and Wilson testified Stoval did have a concern for his brother, Michael, both attorneys nevertheless thought it was in Stoval’s best interest to accept the plea agreement to avoid the death penalty for himself, especially since they did not know if Bethel would survive.   If Bethel died, the chances of Stoval’s receiving the death penalty would increase significantly.

Assistant District Kathy Eberling asked Murphy and Wilson whether they thought their representation of Joel Stoval was deficient.  Both replied, “No.”  “We spent sufficient time to make sure he understood the charges, evidence and potential of the death penalty.  This was a case in which the facts were not greatly in dispute,” Murphy testified.

The irony is that even if Stoval had gone to trial and the District Attorney had sought the death penalty and a three-judge panel had then awarded the death penalty, it would have been overturned when the United States Supreme Court ruled three-judge panels were unconstitutional.  Stoval would therefore have ended up with a life sentence, instead of the life imprisonment plus 800 years, which he received.

A very big Mexican drug kingpin was sentenced in Houston to a 25-year sentence.  The sentencing hearing was done in a closed courtroom.  Osiel Cardenas Guillen was the head of the “Gulf Cartel” until his arrest by Mexican authorities in 2007.  He pled guilty to five counts of a lengthy indictment, which included drug trafficking, money laundering and the attempted murder and assault of federal agents.  He also forfeited $50 million in assets to the U.S. Government.

The Gulf Cartel controls much of the cocaine traffic across the Mexican-American border in South Texas.  Cardenas was responsible for “kidnapings, extortion, gun battles in the streets,” according to U.S. District Judge Hilda Tagle, who sentenced Cardenas.

Nevertheless, Judge Tagle followed the recommendation of the U.S. Attorney in giving the sentence because Cardenas was cooperating with the government in pursuing other drug traffickers.

Before he was arrested by Mexican authorities in 2003, Cardenas ran an empire of drug smugglers and gunmen in Tamaulipas, Mexico.  They moved tons of cocaine every year into the United States.  He was famous to law enforcement on both sides of the border for the vicious violence he employed against his enemies. He recruited former military commandoes as his gunmen, known as Zetas.
Even after his arrest, he continued to direct the operations of his cartel from his Mexican jail cell.  Then Mexican President Felipe Calderon broke with previous policy and extradited Cardenas along with 14 other major figures from the Mexican underworld.  Cardenas began cooperating with the U.S. Government immediately when he arrived here.  Meanwhile, his former organization has been weakened by arrests and lack of leadership.

The Zetas have now broken off from the Gulf Cartel. They have become a separate criminal enterprise that controls the crossing at Laredo, Texas, and recently there has been a series of gun battles between the Zetas and what is left of the Gulf Cartel in the towns along the Texas border in a contest for turf.

Cardenas has been in the United States for two years, cooperating with law enforcement all the time, perhaps especially cooperating on the Zetas, since they have split with his Gulf Cartel.  Finally, his sentence was handed down in a courtroom, closed to the public.  Judge Tagle also sealed dozens of documents related to Cardenas’ plea agreement and descriptions of his assets, all at the request of government prosecutors.  It is not unusual to seal documents in a case, but it is very unusual to lock a courtroom for a hearing in a United States Courthouse.

The sentencing hearing was attended by two members of Cardenas family and some law enforcement officers, along with armed guards.  The hearing was not even on the court’s published docket until hours after it was over.   The transcript taken of the hearing reflects that the judge explained the United States Marshal’s Service had asked to keep the public from witnessing the hearing because it would jeopardize Cardenas’ safety.  The affidavit detailing that request was sealed.  Judge Tagle stated that if she opened the hearing, the “defendant, court personnel, United States marshal personnel, other courthouse personnel and the general public will be placed in imminent danger.”