The AP reports that yesterday, “[a] former Army National Guard member who had spent eight years in prison for attempting to aid the Islamic State opened fire on a classroom at Virginia’s Old Dominion University . . . before ROTC students subdued and killed him.” The assailant killed Lt. Col. Brandon Shah and injured two other people. The perpetrator has been identified as Mohamed Bailor Jalloh. His previous conviction was in 2016 in federal court. He was sentenced to 11 years in prison and was released less than a year and a half ago. At his sentencing hearing, he submitted a letter stating that he “reject[s] and deplore[s] terrorism,” but according to the FBI, he shouted “Allahu Akbar” during the ODU incident.
Synagogue attacked in Michigan. Also yesterday, according to the AP, “a man with a rifle crashed into a large Michigan synagogue in what federal officials are saying was an attack carried out by a 41-year-old naturalized U.S. citizen born in Lebanon.” Security personnel shot and killed the man. One security officer was struck by the assailant’s vehicle but is expected to survive. Other first responders received medial treatment as a result of smoke inhalation. No members of the synagogue, including the 140 children enrolled at an onsite daycare, suffered serious injuries. CBS News is reporting that the attacker is Ayman Mohamad Ghazali, and cites a community source as stating that “a strike roughly 10 days prior on the Lebanese village of the suspect’s family killed several of his family members, leaving him devastated.”
Crime on buses. WRAL has a new story about crime on buses and in bus stations in the Triangle. Last year, Durham reported 196 crimes on its buses, while Raleigh reported 112 at its downtown bus terminal. Both cities reported being committed to passenger safety. The number of incidents is relatively low on a per-rider basis, but some sensational incidents, including one where a Raleigh man allegedly threatened a woman with a machete, have resulted in increased attention on bus safety.
No coaching during overnight breaks in testimony. The Supreme Court of the United States ruled recently that a trial judge may prohibit defense counsel and a criminal defendant from conferring about the defendant’s testimony even when the testimony is interrupted by an overnight break. To be clear, the defendant and his or her attorneys may discuss other matters during such a recess – like trial strategy, or whether the remaining Game of Thrones books will ever be released – but they may be prohibited from attempting to tailor or manage the defendant’s testimony. The case is Villareal v. Texas and the opinion is available on the Court’s website.
Holding sheriffs accountable. ABC13 News has an article up about trouble in three sheriffs’ offices in Western North Carolina. The article, which quotes School of Government faculty member Jamie Markham, notes that “[i]n recent months, elected sheriffs in Swain, Graham and Cherokee counties have faced criminal charges, suspension or removal proceedings.” It goes on to address the nature of the office of sheriff and to explore the processes through which sheriffs are held accountable for misconduct, including by removal and at the ballot box.
Personal use (or misuse) of license plate readers. I’ve had a lot of questions lately about Flock license plate readers, including questions about the Fourth Amendment, about data retention, and about public records. Another aspect of the debate about Flock devices concerns the potential for officers with access to the Flock system to misuse it for personal reasons. The Marshall Project reports that “[o]ver the past few years officers have been accused or convicted of misusing license plate readers to track people for personal reasons in Orange City, Florida, Sedgwick, Kansas and Braselton, Georgia” as well as in Milwaukee, Wisconsin.” In North Carolina, using a license plate reader system for a non-law-enforcement purpose is a Class 1 misdemeanor. See G.S. 20-183.33.
Death sentence commuted in Alabama. According to this CNN story, “[t]he governor of Alabama has granted clemency to a man on death row for three decades.” Charles Burton was facing the possibility of execution this week for his participation in the murder of Douglas Battle during the robbery of an auto parts store. But Gov. Kay Ivey commuted Burton’s death sentence because he was not the shooter. She stated that “it would be unjust for one participant in this crime to be executed while the participant who pulled the trigger was not.” Burton, who is 75 years old and appears to be in poor health, will now serve a sentence of life without parole. The victim’s daughter supported the commutation.
Law students help inmates regain driver’s licenses. NC Health News has a new piece up about a collaboration between the Duke University School of Law Pro Bono Program and Pisgah Legal Services. The organizations work together to help incarcerated people regain their driver’s licenses as they prepare to reenter the community. The program has the support of the Department of Adult Correction, with Secretary Leslie Cooley Dismukes stating that having a license is a “foundational piece” to successful reentry.
Officers going beyond the call of duty. In multiple cases in several states, police who arrested DoorDash drivers safely delivered customers’ food. This recent story from New Jersey recounts how an officer arrested a driver on outstanding warrants but completed the driver’s delivery. The story links to other, similar incidents, including a New Mexico officer completing a Chick-Fil-A delivery and an Arizona officer bringing a customer a pizza. No word on how long the arrest process took or whether the food was still warm.
