Back in May, it appeared that North Carolina lawmakers were moving toward a repeal of automatic expunctions of dismissed charges. However, in recent weeks, they have reversed course and a law providing for such expunctions was signed by the Governor this week. The law requires cases to be automatically expunged between six and seven months after all charges are dismissed. Expunged files are to be retained by the clerk and will be available to the person whose case was expunged as well as the district attorney. The new law incorporates recommendations of a committee tasked with addressing logistical problems that arose after the passage of a previous automatic expunction law.
Read on for more criminal law news.
Lack of bodycam from April shooting in Charlotte. Although the U.S. Marshals Service plans to phase in the use of bodycams, the Charlotte Observer reports that marshals present during the April shooting in Charlotte that led to the death of four law enforcement officers were not yet equipped with bodycam. As a result, there is no bodycam footage depicting the initial encounter that led to the shooting. This information came to light during a court hearing to determine whether video footage from the incident should be released to the media. [Note that this item has been amended after receiving information from District Attorney Spencer Merriweather that the Charlotte-Mecklenburg Police Department officer serving on the task force was in fact equipped with body worn camera, but that the footage was not especially probative.]
Karen Read not guilty? A fascinating post-trial motion has been filed in the Karen Read case in Boston. Ms. Read’s lawyers claim that multiple jurors have reached out to inform them that the jury was unanimous in determining that Ms. Read was not guilty of second degree murder. The trial recently ended with a hung jury, but the defense contends that the judge failed to inquire whether the jury was deadlocked on all counts or just some of the counts. Ms. Read was tried on allegations that she struck her boyfriend, a Boston police officer, with her SUV after drinking. The case received significant national attention for a variety of reasons, including the mysterious circumstances surrounding the party at a friend’s house, problematic expert testimony regarding the alleged hit and run, offensive texts sent by the lead investigator, and questionable investigative techniques employed (officers collected blood in red Solo cups and used a leaf blower to search for evidence). A hearing in the matter is scheduled for July 22.
Immune how? In the wake of the United States Supreme Court’s momentous decision in Trump v. United States, trial judge Tanya S. Chutkan will now be tasked with determining which of the allegations in the 45-page indictment charging Trump with plotting to overturn the 2020 election can proceed. The Supreme Court created three categories of activity: core official action, for which the president receives absolute immunity, action within the “outer perimeter” of his official authority, for which the president receives a rebuttable presumption of immunity, and unofficial action, for which there is no immunity. Judge Chutkan will now hear arguments and consider the proper categorization of Trump’s various activities. These activities include allegations that Trump pressured the Justice Department and the Vice President, attempted to persuade state officials not to certify election results, devised a fake elector scheme with the assistance of several individuals, and communicated with the public at large through Twitter and directly to the crowd that gathered on January 6, 2021.
Gang crackdown in El Salvador. A human rights organization issued a report finding that 261 people have died in prison during the two-and-a-half-year national crackdown on dangerous gangs in El Salvador. The aggressive enforcement effort has been linked to a sharp decline in homicides from 6,656 in 2015 to 214 in 2023. However, rights groups express concern that suspected gang members are rounded up indiscriminately, resulting in 7,000 people being released due to lack of evidence. President Nayib Bukele has requested and received dozens of extensions of an anti-gang emergency decree that restricts the rights of citizens. He won reelection by a wide margin in February despite a constitutional provision limiting presidents to one term.
July 4th celebration sparks child endangerment charge. A New York man was charged with arson and reckless endangerment after giving fireworks to his 11-year-old son and instructing him to light them. The ensuing blaze spread from a shed, to the man’s house, to a neighbor’s house. Fortunately, although a renter fled from the man’s house, no one was injured.
Have a good weekend and see you next week.