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Boyfriend pleads not guilty in toilet-seat case
Criminal Law | 2008/05/08 04:02
The western Kansas man whose girlfriend became stuck to a toilet during a two-year stay in their bathroom appeared in court Wednesday in separate cases.

Ness County prosecutors said Kory McFarren pleaded not guilty Wednesday to a misdemeanor charge of mistreatment of a dependent adult. The charge stemmed from police in February discovering McFarren’s girlfriend, Pam Babcock, physically stuck to the toilet.

McFarren said Babcock had refused to come out of the bathroom for two years. Medical personnel estimated she spent at least a month on the toilet. Babcock remains in a Wichita hospital. McFarren’s pretrial hearing is June 13.

McFarren also had his first appearance on a felony charge of lewd and lascivious behavior. He was arrested in March for allegedly exposing himself to a neighbor who was a minor.



Smithtown developer pleads guilty in bribery case
Criminal Law | 2008/04/29 04:54
A Smithtown developer pleaded guilty to a felony bribery charge yesterday - the second person to admit guilt and agree to cooperate in a widening building department corruption probe that has rocked town government.

Robert Fitzpatrick, 55, of Bayport, pleaded guilty to third-degree bribery before Suffolk County Court Judge Martin Efman. He was released on his own recognizance until his sentencing on July 14.

As part of a plea deal, Fitzpatrick faces a reduced maximum sentence of 1 to 3 years in prison, or as little as no jail time at all.

Prosecutor Kevin Ward said Fitzpatrick admitted to offering a $5,000 bribe to then-chief building inspector Robert Bonerba in March 2003 in connection with a house being built by Smithtown developer Frank Esposito.

Ward said Fitzpatrick lied on building permits for the developer's house to save money on permit fees and avoid a higher tax liability.

Rocking back and forth in brown loafers and with his hands folded neatly in front of his blue sport coat, Fitzpatrick said only "Yes" and "No" before the judge during the plea.


Smithtown contractor admits to bribe
Criminal Law | 2008/04/28 10:08

A Smithtown contractor pleaded guilty to a felony bribery charge on Monday -- the second person to admit guilt and agree to cooperate in a widening buildings department corruption probe that has rocked town government.

Robert Fitzpatrick, 55, of Bayport, pleaded guilty to third-degree bribery before Suffolk County Court Judge Martin Efman. He was released on his own recognizance pending sentencing on July 14.

As part of a plea deal, Fitzpatrick faces a maximum of 1 to 3 years in prison, or as little as no jail time at all.

Prosecutor Kevin Ward said Fitzpatrick admitted to offering a $5,000 bribe to then-chief buildings inspector Robert Bonerba in March 2003 in connection with a house Ward was building for Smithtown developer Frank Esposito.

Ward said Fitzpatrick lied on building permits for the developer's house to save money on permit fees and avoid a higher tax liability.

Rocking back and forth in brown loafers and with his hands folded neatly in front of his blue sport coat, Fitzpatrick said only "yes" and "no" before the judge.

Earlier this month, Esposito, of Nissequogue, pleaded guilty to giving Bonerba a $10,000 bribe. Ward said in court Monday that Fitzpatrick and Esposito evenly contributed $5,000 toward the bribe. Bonerba has not been charged in the case.

Also as part of his plea deal, Fitzpatrick agreed to pay the town $50,000 -- money prosecutors say he gained illegally in the project.

Fitzpatrick now joins Esposito in helping prosecutors understand the depth of town corruption.

"The defendant has entered into a cooperation agreement with the district attorney's office," Ward said in court.

Outside the courtroom, Ward said only, "We are going to follow the evidence wherever it leads us. This investigation is active and ongoing. It encompasses both the town building's department and the rest of town government."

Suffolk County District Attorney Thomas Spota has been investigating the buildings department for two years.

Asked by reporters about his cooperation, Fitzpatrick, said only "Not at this time." His attorney, Fred Schwartz, of Smithtown, also declined to comment.

Bonerba was suspended by the town in December 2006 for failing to properly fill out his financial disclosure statements. Before a hearing could be held to weigh his termination, he retired on a state pension of $31,871.

Bonerba could not immediately be reached for comment.



Can murder victim's statements be used at trial?
Criminal Law | 2008/04/21 11:53
Dwayne Giles complains that his former girlfriend's statements should not have been used against him at his murder trial because the woman couldn't be cross-examined.

Her absence wasn't a result of a scheduling conflict. She was dead. And Giles killed her.

Three California courts that have considered Giles' claim have said, in effect, "You must be kidding."

Now, though, the Supreme Court, in arguments scheduled for Tuesday, is hearing Giles' case to see whether the use during his trial of statements the girlfriend made to a Los Angeles police officer violated his constitutional right to confront witnesses against him.

The issue the court has agreed to resolve is when defendants forfeit that right. It is already clear that a defendant who kills someone to prevent him from testifying may not come into court and seek to exclude prior statements by the dead person.

But this case is one in which there were no charges pending against Giles when he shot Brenda Avie dead with a 9-millimeter handgun outside his grandmother's house in September 2002.

A few weeks earlier, Avie told a police officer that Giles assaulted and threatened to kill her. The officer testified about the conversation at Giles' trial, over his lawyer's objection.

Giles claimed he acted in self-defense, fearing that Avie was armed. She wasn't. Giles also testified that Avie behaved erratically and threatened to kill both him and his new girlfriend on the night she died.



Hunt on for Clues in Times Square Blast
Criminal Law | 2008/03/07 06:28
Authorities on Friday were investigating whether an explosion at the Times Square military recruiting office was connected to strikingly similar bombings at two foreign consulates in New York, but ruled out a link to mysterious letters sent to Capitol Hill offices.

Investigators were also scrutinizing surveillance video and forensic evidence after a bicycle-riding bomber struck the landmark station Thursday, scarring one of the world's most recognizable locations.

Authorities said there was no connection between the blast and a letter sent to as many as 100 members of Congress bearing the words "Happy New Year, We Did It."

The lengthy anti-war letters — which arrived with photos of a man standing in front of the recruiting office before it was damaged — contained no threats, officials said.

Laura Eimiller, an FBI spokeswoman in Los Angeles, said an individual was questioned there about the letters to Congress and "there is no evidence linking the letters, which contained no threat, to the bombing."



Boy Band Mogul Pearlman Pleads Guilty
Criminal Law | 2008/03/07 03:32
For years, Lou Pearlman wowed banks and investors with slick talk and a lavish lifestyle. But when the one-time architect of the Backstreet Boys and 'N Sync set his hand on a courtroom Bible, he set the act aside. Pearlman pleaded guilty Thursday to federal charges of conspiracy, money laundering and making false statements during a bankruptcy proceeding. The plea was the result of a lengthy federal probe alleging he bilked investors and banks out of more than $300 million.

Pearlman's Transcontinental Airlines Inc. didn't have 41 airplanes, as he represented to investors. He had two, he said in court.

And he didn't have a German investment partner with a $50 million line of bailout capital, he acknowledged. In fact, that guy was also trying to get money out of him.

"I'm accepting full responsibility," Pearlman said in a roughly 50-minute change of plea hearing.

He will be sentenced May 21, and faces up to 25 years in prison and a $1 million fine.

Pearlman also pledged to help prosecutors locate coconspirators and any remaining assets, but couldn't explain to U.S. District Judge G. Kendall Sharp where the money went.

"In different investments," he said. "Aircraft, living expenses, working capital."

Pearlman acknowledged setting up a fake accounting firm to create business documents and tax returns for himself and his companies. He also admitted using the signature of a deceased former associate, Harry Milner, to push off anyone seeking repayment. Milner hadn't worked with Pearlman since 1989, the mogul acknowledged, and died in 2003.



Ex-Tennessee Sheriff Pleads Not Guilty
Criminal Law | 2008/03/06 03:37
A former county sheriff pleaded not guilty Wednesday to federal extortion, drug and weapons charges that stem from an FBI undercover investigation.

Court records show that between April and mid-December, Billy Long, 55, accepted $17,400 in what he was told were payments from convenience store owners "to protect their video poker business and other illegal activity," such as products used to make methamphetamine.

Long was arrested Feb. 2. He has since resigned as Hamilton County sheriff and remains in custody at the Bradley County Detention Center.

He appeared at a hearing at which U.S. Magistrate Bill Carter set a May 13 trial.

In addition to possession with intent to distribute cocaine, Long is charged with extortion, money laundering, providing a gun to a felon and possessing a firearm in furtherance of drug trafficking.

A conviction on all charges would carry a minimum prison sentence of 10 years and a maximum sentence of life.

Long's attorney, Jerry Summers of Chattanooga, told the judge he intends to seek bond. Summers earlier opted to not seek a detention hearing but said Wednesday it is not practical to prepare for trial with Long in custody 30 miles away.

Assistant U.S. Attorney Gary Humble at a previous hearing described the sheriff as a danger to the community.

The affidavit said Long also accepted $6,550 in cash as "his payoff to the undercover to a cooperating witness supposedly laundering $625,000 in drug trafficking proceeds." Long was told the drug money was being sent to a funeral home in Mexico hidden in cremation urns.

The affidavit said the sheriff in December gave the undercover informant a loaded revolver, knowing the recipient of the gun was a convicted felon and telling him never to say where he got it and to get rid of it if he shot anyone.

An FBI agent's affidavit shows Long first told agents he was doing his own investigation, although no one else at the Hamilton County Sheriff's Department knew about it.

Chief Deputy Allen Branum is running the department until voters in August elect a successor to finish Long's term.

Summers said Wednesday there is no evidence that anyone else in the department was involved in the case.



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