One of the top stories this week was the announcement by the Department of Justice that they intend to recommend a one-day, time-served sentence for former Louisville, Kentucky police officer, Brett Hankison. Hankinson was tried and convicted in federal court for using excessive force in violation of Breonna Taylor’s civil rights. Taylor was killed by police officers after they executed a no-knock search warrant around midnight on March 13, 2020. Taylor’s romantic partner mistook the officers for intruders and fired a shot, wounding one of the officers. Officers then collectively fired 22 shots, resulting in Taylor’s death. Although no shots fired by Hankinson hit Taylor, he fired ten times through a glass door and a window, and three of the shots entered an adjacent apartment occupied by another family. Hankinson’s conviction carries a maximum sentence of life, and his presentence report recommends a sentence of between 11- and 14-years imprisonment. The Justice Department contends that the felony conviction, lost firearms rights, and lost ability to work as a law enforcement officer is punishment enough, given that Hankinson did not injure anyone and was returning fire. Read on for more criminal law news.
Epstein Uproar. In other DOJ news, the department is facing criticism over its decision not to publicly release the Epstein files. Most readers are likely familiar with the Jeffrey Epstein saga. Epstein was suspected of improper sexual contact with minors going back to at least 2005. He served an 18-month sentence for soliciting prostitution from a minor in Florida state court in 2008. In 2019, he was again charged, this time by federal authorities for sex trafficking, and committed suicide while in custody. His longtime girlfriend, Ghislaine Maxwell, was later tried and convicted of sex trafficking and other crimes and was sentenced to 20 years imprisonment. Attorney General Pam Bondi repeatedly promised that Department of Justice files on the case would be made public, claiming there was a “truckload of evidence” and that an alleged list of Epstein’s clients was “sitting on her desk right now for review.” Last week, the DOJ reversed course, announcing that there was no client list and that no new information relating to the matter would be released beyond a two-page memo detailing the department’s review of its file. Today, the Attorney General reversed course again and announced that she will seek release of grand jury testimony relating to the matter, although such release is generally rare and requires a court order. More on that story here.
Sheriff Retires Amid Charges. The elected Sheriff of Swain County, North Carolina was charged on June 27 with felonious restraint, misdemeanor sexual battery, soliciting prostitution, and assault on female. The local district attorney filed a petition under G.S. 128-16 to remove him from office the same day, but the former high sheriff announced his retirement before that proceeding could be completed. He also faces tribal charges brought by the Eastern Band of Cherokee Indians (whose lands occupies part of Swain County) for oppression in office and abusive sexual conduct. The AP has more details here.
Check Washing. WRAL reports that a Wake County resident was the victim of attempted fraud after a check she wrote was stolen and altered to change an $85 payment to $4000. The woman noticed the charge when she reviewed her bank account and saw that large payment to an unknown person. The culprit apparently used a chemical wash to erase the original writing on the check and then filled in the information with a new amount and payee. According to the report, this incident was one of several in Wake County within the last few weeks. WRAL also reported on the same phenomenon last year, when there were multiple instances of stolen and subsequently forged checks in Southern Pines, Cary, and Raleigh. The U.S. Postal Service advises against putting checks in residential mailboxes. Instead, people mailing checks should mail the checks from a post office. They also recommend using a black or blue gel pen to sign checks to be mailed, which are apparently more difficult to alter. The Wake County Sheriff’s Office recommends skipping the process of mailing checks altogether and to instead pay bills online.
Immigration Enforcement Tactics in California Paused. A federal judge has ordered the Department of Homeland Security, which oversees Immigration and Customs Enforcement, to cease unconstitutional seizures and detentions of people suspected of lacking legal status to be present in the country in seven counties across the state. An immigrant rights advocacy group and others sued the department last week, claiming that immigration enforcement officials have been indiscriminately detaining people based only on their skin color and without probable cause or reasonable suspicion. The suit also alleges that DHS agents are arresting people without a warrant, preventing access to lawyers once suspects are taken into custody, and holding detainees in squalid conditions without proper access to food, water, or medicine. Two of the plaintiffs are U.S. citizens who claim to have been illegally detained despite informing agents of their citizenship. The temporary restraining order is available here. You can read more on the story here.
Scandalous Monks? A woman was arrested in Thailand this week on charges relating to her alleged seduction and subsequent blackmailing of high-ranking Buddhist monks. She is charged with extortion, money laundering, and receipt of stolen property. The story has caused a stir within the country for a couple of reasons. For one, most Thai monks take a vow of celibacy and may not even touch a woman. Because the case involves senior leaders of the Buddhist community, the apparent violations of their vows was seen by some as especially egregious. For another, monks take an oath to live an austere lifestyle. The perpetrator was supposedly paid very large sums of money from temple funds, raising questions about the monks’ adherence to principle and their fiscal management of donated funds. The Acting Prime Minister of Thailand has suggested the need for greater transparency and oversight of monks and temples. Others have maintained that change comes only from within. The AP has the report here.
That’s Bananas. Russian authorities discovered 1,800 pounds of cocaine hidden in a secret compartment beneath a container full of bananas. Authorities were tipped off by a foreign source, leading them to investigate the shipment. From there, drug-sniffing canines quickly located the contraband. Russia has extremely harsh penalties for drug possession and a conviction for drug trafficking can result in a life sentence. Smuggling cocaine in banana shipments has apparently become more appealing over the last few years, with similar shipments being seized in Norway, Greece, the Dominican Republic, Bulgaria, and Great Britain. The report is here.
Spider Cakes. In other, more horrifying smuggling news, customs officials in Germany decided to examine boxes of chocolate sponge cake after noticing the sweets had an odd odor. Inside the boxes were around 1,500 small plastic tubes, each containing a baby tarantula. Many of the itsy-bitsy spiders died in transit. Customs officials were “speechless.” The shipment, which originated from Vietnam, was seized and the surviving arachnids were sent to a spider professional. Criminal charges for customs violations have been brought against a person involved with the shipment, and more potential charges for animal cruelty are possible, according to this report.
Protect, Serve, and Deliver. After arresting a GrubHub driver who was out on delivery for car racing and reckless driving, police officers in Tempe, Arizona completed the delivery on the detained driver’s behalf. The customer had ordered a Little Ceaser’s pizza and was shocked when uniformed officers showed up at her door with pie in hand. The officers assured the woman that the pizza should still be warm after informing her of the somewhat unusual circumstances. The officers later posted a video of the encounter with the customer to social media with the caption, “The order was Hot-N-Ready and the suspect was Caught-N-Steady.” Talk about a five-star review. The story and video is available here.
I hope everyone has a safe and relaxing weekend. I can be reached as always at dixon@sog.unc.edu.