by TChris

Supporters of Andrea Yates, the mentally ill woman in Houston who drowned her children in a bathtub, argue that she should be treated in a mental health facility, not confined in a prison for life. Andrea's lead attorney, George Parnham, reports that Andrea is not coping well with prison life.

Yates is a bright woman, a former cancer nurse. But these days, her short-term memory is poor. She seems to understand what she is told, then she forgets. She isn't agitating to leave her prison home, Parnham said. For her, for now, there is a nightmarish past and no future.

Dr. George Ringholz, the chief of the section of behavioral neurology and neuropsychology at Baylor College of Medicine, tested Yates and concluded that she suffers from schizophrenia. Prison doctors think she suffers from a bipolar disorder. Another expert thinks she may have schizo-affective disorder, but argues that the precise diagnosis is less important than making sure the symptoms -- which include visual and auditory hallucinations -- are treated correctly.

Dr. Ringholz and Andrea's husband, Rusty Yates, believe the medical system failed Andrea by misdiagnosing her developing mental illness as postpartum depression and by viewing her problems "as isolated events, as opposed to a disease unfolding."

In mid-February, Andrea's lawyers, now working pro bono, will be filing documents seeking a new trial.

by TChris

The judge in Michael Jackson’s criminal prosecution has responded to media requests for the release of an affidavit made in support of a search warrant application by sealing the documents.

The judge, Rodney S. Melville of Santa Barbara County Superior Court, said Friday that the documents contained "reports of statements of a minor about events of a sexual nature" and ordered them sealed indefinitely.

Judge Melville also said releasing the material as requested by the news media would "complicate the process of selecting an unbiased jury."

The judge criticized prosecution and defense attorneys for comments made earlier in the case. He singled out District Attorney Thomas Sneddon Jr.’s reference to Michael Jackson as “Wacko Jacko” during an appearance on Court TV, and also noted that Mark Geragos had stated on “Larry King Live” that the case against Michael Jackson was a “scam.”

Geragos’ remark seems simply to be a comment upon what he expected the evidence at trial to prove, while Sneddon engaged in inappropriate and unprofessional name calling. The court has since entered an order prohibiting the lawyers from discussing the case publicly.

Roy Black, attorney for Rush Limbaugh, issued this statement regarding confidential correspondence that was released to the media by Palm Beach State Attorney Barry Krischer.

“My letter to Mr. Krischer regarding Mr. Limbaugh’s case asked that Mr. Limbaugh be afforded the treatment anyone else would receive. The State's response was preposterous, but consistent with their double standard in this case. The facts are: Mr. Limbaugh went to these doctors to relieve chronic, intractable pain; there was no doctor shopping. Mr. Limbaugh never considered accepting the State’s ludicrous offer. He was not going to plea to something he did not do. We sent them a letter suggesting Mr. Limbaugh be treated in a similar manner that others had been treated. They responded with a preposterous offer. Discussions ended at that time. At no time was there ever a plea agreement of any kind.

The Miami Herald is reporting that in December, prosecutors declined an offer from Rush Limbaugh's attorney in which he would have undergone drug treatment in lieu of pleading guilty to any crimes. The prosecutors reportedly were seeking a felony plea and probation.

Note that no admissions were made by Rush or his lawyer. They didn't offer to plead guilty to anything. They asked that Rush be treated the same as everyone else and be given the opportunity for treatment instead of a criminal plea.

Black said in a statement Thursday to the Sun-Sentinel that his request "was for the same treatment anyone else in this situation would receive," and called the state's response "preposterous."

The most troubling aspect of this to us is the prosecution's leak of Roy Black's letter. That should be investigated. It certainly sounds like this is a politically motivated prosecution to us.

We may not like Rush Limbaugh's politics, and he may be a hypocrite, but when it comes to the application of criminal laws against him, he should be treated the same as anyone else.

Who else in Palm Beach county has been charged with "doctor shopping."?

[hat tip to Handy Fuse.]

The detective was so cute the Court ruled it was entrapment.

Fort Lauderdale Detective Mike Nahum's handsome appearance lost him a criminal case, but there is a consolation prize. He may be the only guy in the world with a court order declaring he is a "very attractive man."

Nahum is so cute that a Broward Circuit Court judge threw out a criminal charge against a West Palm Beach man charged with selling drugs to Nahum during an undercover sting at a gay nightclub in Fort Lauderdale. Judge Susan Lebow ruled the defendant, Julio Blanco, was lured by the police officer into committing a crime in hopes he would be rewarded with sex.

On Wednesday, an appeals court backed the trial judge's decision and ruled the police officer's actions were so "outrageous" that it was entrapment. Blanco had never been arrested before and was not under any suspicion of criminal activity until he was talked into it by law enforcement, the Fourth District Court of Appeal ruled.

No pictures are available since Det. Nahum is still working undercover. Beware good looking men bearing money in exchange for illicit substances.

[link via Libby at Last One Speaks]

Former South Dakota Congressman Bill Janklow was given a suspended prison sentence and 100 days of county jail time for killing a motorcyclist in a car accident. He was convicted of manslaughter. Here's how the sentence works:

....after 30 days, he can leave jail for up to 10 hours a day to perform community service and then return to his cell. Janklow will be on probation for three years and during that time will not be allowed to drive.

We thought he'd be acquitted on the manslaughter charge, but we were wrong. The admission of "prior bad acts" probably did him in. All of our coverage of the case is accessible here

Fair? We think so, but we have a feeling a lot of you will think he got off too easy.

Our sympathies to Art Garfunkel, busted for pot during a traffic stop of his limo. He was the only passenger, the limo was stopped for speeding and the cop says the car smelled like burning pot. To add insult to injury, the cop didn't recognize him.

In the Crimes 'R Us* department:

Scott Peterson has a new trial judge.

Martha Stewart's jury pool is diverse.

Kobe Bryant's hearing Friday on the accuser's medical records is closed to the public. (pdf.)

Three medical groups are backing Rush Limbaugh's claim to privacy in his medical records.

Michael Jackson's accuser reportedly is ailing.

• Crimes 'R Us is an old website of our's that we don't keep as current as we'd like. But sometimes, the name just fits, as in this post.

It's official. The trial of Scott Peterson, charged with killing his pregnant wife Laci and unborn child, will be held in Redwood City in San Mateo County.

Mark Geragos refused to waive speedy trial and said he's ready to proceed with pre-trial motions Monday, followed by jury selection. The prosecution is asking for a two week delay. Peterson will be moved to the county jail in San Mateo tomorrow.

Typical jurors in San Mateo County are college-educated or have graduate degrees, Boyarsky said. "There are a lot of people in the computer industry, like engineers and consultants. A lot of professional people, and teachers," he said. "It's a question of which side thinks that highly-educated jurors are going to favor their particular presentation."

"I love San Mateo!" Geragos said outside court. "If I had to be anywhere in Northern California, San Mateo County is a good place to be."

The prosecution also asked to keep the trial in Stanislaus County where Modesto is situated, arguing that the survey the defense relied on for a change of venue had been tainted. The Judge denied that request, saying he had placed little weight on the survey when making his decision.

The trial promises to be a huge media event.

Up to 400 witnesses and 250 journalists are expected to be on hand for the trial, which could last four to six months.

Jury selection began this morning in the Martha Stewart trial. It may take a week to pick the jury and the selection process is taking place behind closed doors.

The trial is to determine whether Stewart, 62, is a criminal who lied to the government about unloading stock based on an inside tip about a well-placed friend - or simply a shrewd investor who saved money with a smart bet on the market.

It grew from a 2001 stock sale in which the government estimates Stewart saved about $51,000 - a tiny sum compared with her multimillion-dollar media empire. The government says Stewart saved the money by selling stock in ImClone Systems on Dec. 27, 2001 - just before a negative government report about a highly touted ImClone cancer drug sent the stock plummeting.

Stewart says she sold because she and Bacanovic, her Merrill Lynch & Co. broker, had a pre-existing agreement to sell when the stock fell to $60. But the government says she was tipped that ImClone founder Sam Waksal - a longtime friend of Stewart's who once dated her daughter - was trying to unload his shares.

The most ridiculous charge against Martha (meaning trumped up or legally manufactured) is also the most serious--that of securities fraud. The basis for the charge is Martha's public statement that in 2002 that she is innocent of the charges. The Government says she made that statement to deceive her stockholders.

The defense has characterized the charge as an unprecedented infringement on a defendant's First Amendment rights, and even the judge in the case called the charge "novel." But prosecutors say Stewart went further than simply predicting she would be exonerated, giving a "forceful, detailed and false explanation for her sale of ImClone."

What is the most damaging evidence likely to be?

Michael Jackson went all out. It was some party at Neverland today.

Details of the almost two hour court proceeding are here.

Update: We'll be discussing the Michael Jackson case Saturday night on Fox News with John Kasich (From the Heartland) at 8:30 pm. ET

The Judge in the Martha Stewart case is banning the media from jury selection.

We think this is wrong. We're not talking about televising proceedings (not allowed in any federal courts) but about having the press present to report on what happens. The Judge says that she thinks jurors will be less than candid if the media is present.

There are so many ways to protect the privacy of potential jurors (e.g., give them a number, don't refer to them by name, prohibit the press from mentioning their names) that we can't agree with the Judge's ruling. We think it is important that the press be able to report on the jury selection process. It's part of the trial and trials are supposed to take place in public.

We hope the media organizations appeal this ruling before the trial starts.