Don't Miss This Weeks Monday Musings

Although it's an entire day after this weeks Monday Musings was published over at Public Defender Stuff, please take a moment to read this weeks guest and one of my favorite blawgers in the Public Defender Blogging world:

Skelly at Arbitrary & Capricious

Dear Lord...No!

Gina Glocksen of American Idol has just butchered one of my favorite Stones songs.

Paint It Black was not supposed to be poppy and now I can never listen to it again.

So, to end this...I'm sorry to admit 2 things:

1) I watched American Idol

2) I know who Gina Glocksen is.

Finally...THE HYPO RESULTS!

This post is a week late...SUE ME!

Investigations at our department have been spread a bit thin these last couple of weeks and as a result, this post had to be....umm...postponed.

Capiche? Good.

Last Monday, I started a little contest involving a Hypothetical sometimes used in the hiring process of Public Defender Investigator's. I had a better than expected response (12 emails and a couple of comments) to the Hypo and had a tough time judging the answers. I don't think there was ONE person that responded, that had the "most correct answer" for each of the questions, so I picked and pulled from the best of the best.

First off, the BEST sing response the entire Hypo came from someone who identified himself
only as Karl:

Me and my investigator get drunk, really really really drunk. Once I sober up I right a very long detailed memo to the file on my ethics analysis with a bottle of bourbon

I love a good sense of humor!

Below you will find the Hypo and the best responses below (my comments are in yellow):

THE HYPO

Waldo Woo is charged with murdering his Wife and your office is appointed to represent him. In discussions with you and the attorney, he revealed he had committed two other unsolved murders.

In the course of gathering information about the defendant's background, the investigator learns from Waldo's sister, Bertha, the address of a cabin Waldo owns. Bertha thought the cabin might contain all of Waldo's school/employment and medical records and you and your attorney think it would be a good idea to go to the cabin to obtain the school records.

You get the key to the cabin from Bertha and head out there armed with just a can of diet soda. You open the cabin door only to stumble upon two corpses which are strapped in sitting positions to chairs at the dinner table and paper bags over their heads. You photograph the bodies but do not conceal or move them.

You return to the office and give the information about the bodies and the photographs to your attorney and then go eat a particularly tasty, Toasted Veggiemax patty on Honey Oat bread at Subway (sandwiches) because you are absolutely famished! You've been busting your ass all day AND your girlfriend has been nagging you that you don't spend enough time together so you really just need a break from her.

THE QUESTIONS AND RESPONSES

1. Is your knowledge of the existence of the bodies and their location protected as an attorney- client communication?

Submitted by S. Cotus of appellate.typepad.com:

This is a complicated issue because, knowledge isn't the same as attorney-client communication. Because this information was obtained from the sister, it is protected by the work product doctrine. Obviously, the protection is somewhat weaker.

Whether your client can demand that you not answer (or not be compelled to answer) the question is a bit more difficult. Because the information comes from his sister, and was not obtained on the attorney and client's behalf, I don't think it comes under the attorney-client doctrine.

(Note: In investigator hiring interviews, this Hypo and question is sometimes changed around to exclude the sister completely making it so the information obtained is covered by attorney-client communication AND it's used as the first question on what is a usually a 3-5 question list. I think its done to weed out the contenders from pretenders meaning the office usually wants to hire someone that at least as a basic understanding of Attorney-Client Privilege and how the investigator plays a role in it.)

2. Have you done anything unethical?

Submitted by: Patrick M., Owatonna, MN

At this point, you have not done anything unethical. You have done nothing to destroy or hide evidence. LE has the means to search for property owned by Waldo. You only have Bertha’s word at this time that the cabin is Waldo’s. More investigation needs to be done to determine the ownership of the cabin. As always, it is the attorney’s call on what we do as Investigators working for them. Nothing can be disclosed ethically without their say so. The only thing that I would add to the scenario is checking for signs of life unless it is so obvious that they are dead upon entering the cabin.

(Note: There were several responses where investigator's/attorney's recommended NOT taking the needed school/employment records. I Agree with them. I add this because the response from Patrick M. didn't mention it.)

3. Before Waldo's trial, your office is replaced by other counsel. Is the above information privileged in the event you are called as a witness by the prosecution?

(Note: Two answers from both sides of the question)

Submitted by: Patrick M., Owatonna, MN

Waldo’s admission to the two murders is still privileged. That privilege only goes away when Waldo waives it. The rest depends on disclosure or discovery of the two bodies.

Submitted by: J. Maurer of J.D. Maurer & Associates:

I don't think its privileged. You can only state what you observed, and since the photographs you took were not in connection with the underlying charges, I don't see how they get tied in, in fact its another offense all together, one of which the prosecution may not know the victims are even dead. If the defendant told you to go to the cabin and "oh by the way, there are some bodies in there" I think it would be privileged. I don't think there is a sister privilege.

4. Must you disclose the above information to new counsel?

Submitted by Magnum PI and DC from Wisconsin:

No need to tell new attorney about the cabin. I wouldn't want to be called to testify as questions may be asked by DA and could open up can of worms.

(Note: Can's of worms are ONLY good for fishing)

5. If you continue as Waldo's investigator through trial, do you have any concerns about being called as a defense witness? If so, what are they?

Submitted by: S. Cotus of appellate.typepad.com

Mainly that any questions asked by counsel might allow lucky (or skilled) prosecutors to show that counsel waived an attorney-client privilege by asking you about the course of your investigations.

I have a few other Hypo's laying around which I'm looking forward to posting. Obviously, there are not always clear answers on these and even attorney's have differing opinions on the MOST correct answer.

I really believe it's good to talk about Hypo's like these with your fellow investigators and most definitely the attorney's in your office. I realize that the Hypo puts you, the investigator, in an incredibly outrageous position which is one of the reasons they are used in interviews...to see what your answers are AND to question how you formulated them AND defend them.

I'm sorry I couldn't use every one's answers in the Hypo but I really appreciate all the responses...something tells me this won't be the last we hear it or our client Waldo.

Mmmm...I'm getting hungry. Anyone up for some Subway?

The Hypo Results...

Will be posted later this afternoon! I swear. Been running around on some last minute requests (I love my attorney's but that doesn't mean that sometimes I don't want to just choke em out!)

More later...

Don't Fight The Hypo

Don't Fight The Hypo.

- Woman Of The Law

Wow.

Thats all I can say about all of the fantastic emails I've received in response to the Mother Of All Hypotheticals...hypothetical (that just doesn't sound right). I've actually learned quite a few things INCLUDING being corrected on my use of the term, Public Domain, in a post I did on the Barbie Bandits (Thank you S. Cotus from Appellate Law & Practice).

I'm looking forward to sharing the winning response (really I'm the only judge) to the hypo and also highlight some of the entertaining ones. I'll make sure I email everyone before I mention their names in the post.

More later...gotta go take some pictures.

The Mother Of All PDI Hypotheticals

I snagged the following hypothetical from an associate of mine and changed it around a bit in case it was copyrighted somehow. Just read it:

Waldo Woo is charged with murdering his Wife and your office is appointed to represent him. In discussions with you and the attorney, he revealed he had committed two other unsolved murders.
In the course of gathering information about the defendant's background, the investigator learns from Waldo's sister, Bertha, the address of a cabin Waldo owns. Bertha thought the cabin might contain all of Waldo’s school/employement and medical records and you and your attorney think it would be a good idea to go to the cabin to obtain the school records.

You get the key to the cabin from Bertha and head out there armed with just a can of diet soda. You open the cabin door only to stumble upon two corpses which are strapped in sitting positions to chairs at the dinner table and paper bags over their heads. You photograph the bodies but do not conceal or move them.

You return to the office and give the information about the bodies and the photographs to your attorney and then go eat a particularly tasty, Toasted Veggiemax patty on Honey Oat bread at Subway (sandwiches) because you are absolutely famished! You've been busting your ass all day AND your girlfriend has been nagging you that you don't spend enough time together so you really just need a break from her.

1. Is your knowledge of the existence of the bodies and their location protected as an attorney- client communication?
2. Have you done anything unethical?

3. Before Waldo’s trial, your office is replaced by other counsel. Is the above information privileged in the event you are called as a witness by the prosecution?
4. Must you disclose the above information to new counsel?
5. If you continue as Waldo’s investigator throuh trial, do you have any concerns about being called as a defense witness? If so, what are they?

You can post your responses in the Comments section down below OR you can email them to me at Sancho@(YOUMUSTREMOVEALLYELLOWTEXT)pdiblog.com. The best response will be used in a post and you'll get full credit for it! I'd give out a prize but the ole Prize Vault is a little bare right now. I need at LEAST two responses for this contest to go forward. Deadline is March 13, 2007.

Justice Is Most Certainly Blonde

Blondie of Blonde Justice is this weeks featured Blawger on PD Stuff's weekly feature, Monday Musings. Go check her out! She has some great answers to Greg's questions and if I'm going to snip anything from her interview out of context it would be this:

How many blonde public defenders collect pre-war confederate bottle caps?

I'd maybe be interested in nationwide poll for the exact answer to this fascinating question!

Seriously, if you're a fan of Blonde Justice like me and you want a little bit of behind-the-blawg scoop then head over there now...oh, and don't be afraid to remind her who the 2006 Blawgers Baseball Champion was...umm, that's me.

Not All Attention Is Good

One of the reasons I didn't post the Myspace pages belonging to the Barbie Bandits was because I wanted other PDI'S to get some practice finding them.

The MAIN reason was because I didn't need a bunch of assholes screwing with them for all the wrong reasons. Good thing I didn't post the pages because some A-Holes DID find my post. So DO NOT ask me for the URL's because you aren't getting them!

Do your own homework you racist freaks.

Bug-Eyed Barbie Bandits Myspace Exclusive!

You knew it was coming right?

I mean, I don't mention stories involving possibly cute, female bank bandits and NOT try and dig something up on them somehow! What kind of creepy 30 year-old do you think I am!?

Well, I am going out on a limb in saying that as far as I know, there are no other crime blogs out there that have found the Myspace pages of anyone involved in the Supermarket Bank Robbery Felony Theft. Obviously, all of their friends know exactly who they are, and thats how I found their pages.

First off, for those STILL not familiar with this story, go to The Smoking Gun to get caught up on everything (even they don't have the info I'm about to show you!)

Okay, you've read the story? Clicked through all the images? Good. Now, here is what I have so far:

ASHLEY NICOLE MILLER

Her mugshot didn't really do her any favors, because she didn't look anything like a Barbie...seriously, look for yourself:

Sure, initially I believed that Ashley just didn't get a chance to throw some make-up on before she was arrested but hey, I figured if you're going to be known as one of the Barbie Bandits you really needed to live up to the name right?

Well, this mugshot DOES NOT do her justice! Here is a photo of her with the famous Bug Eye glasses that I pulled off the page of a friend of hers:

Still not good huh? Yes, its hard to really get a good look at her though, maybe her own page will give us more to look at?

For those looking for direct links to their pages, you aren't going to find them here. I am however, leaving enough info on some of the images here that with just a little effort on your part, you should be uncovering their pages just like I did.

Here are a few pictures from her collection:

Okay, I think it can be safely said, that Ashley is not a bad looking young lady and is more than worthy of the Barbie Bandit title even if she is (if the charges prove to be true) not the sharpest tool in the shed.

You say you want to learn a little more about her? Okay, lets check out the brief description she wrote about herself:

♥Ask aBoUt mE♥'s Details Status:
Single Orientation: Straight
Hometown: Decatur
Body type: 5' 7" / Slim / Slender
Ethnicity: White / Caucasian
Religion: Catholic
Zodiac Sign: Leo

Still Not Enough? Hmmm...let's scratch some more of the surface page. Well, she completed a Survey and revealed the following (I've highlighted the more interesting answers in pink):

TELL ME ABOUT YOURSELF
Name: Ashley Nichole Miller
Birthday: 08/10/88
Birthplace: Dekalb, Georgia
Current Location: Grayson...BORING
Eye Color: Light Brown
Hair Color: Blonde
Height: 5'7"
Right Handed or Left Handed: Both
Your Heritage: White/German
The Shoes You Wore Today: Air Forces:)
Your Weakness: Thinking too hard
Your Fears: Failure
Your Perfect Pizza: Buffalo Chicken
Goal You Would Like To Achieve This Year: To Stay Happy
Thoughts First Waking Up: Fuck This
Your Best Physical Feature: My Eyes
Your Bedtime: I Might Have An Answer If I Was In 2nd Grade
Your Most Missed Memory: Missy And Me
Pepsi or Coke: Pepsi
MacDonalds or Burger King: Burger King
Single or Group Dates: Single
Lipton Ice Tea or Nestea: Nestea
Chocolate or Vanilla: Haha...Chocolate
Cappuccino or Coffee: Cappuccino
Do you Smoke: I ONLY SMOKE CRACK...SHIT
Do you Swear: Fuck Yes
Do you Sing: Very Badly
Do you Shower Daily: Of Course
Have you Been in Love: Love Is An Illusion
Do you want to go to College: Yes
Do you want to get Married: Si
Do you belive in yourself: Where Would I Get If I Didn't?
Do you get Motion Sickness: Yeah
Are you a Health Freak: Yes
Do you get along with your Parents: Sometimes
Do you like Thunderstorms: I Don't Give Two Shits About Thunderstorms
Do you play an Instrument: Hell No
In the past month have you Drank Alcohol: GET DRUNK STAY DRUNK
In the past month have you Smoked: I Smoke my crack rocks everyday
In the past month have you been on Drugs: I'm telling you CRACK CRACK CRACK
In the past month have you gone on a Date: Yeah
In the past month have you gone to a Mall: Yes
In the past month have you eaten a box of Oreos: No
In the past month have you eaten Sushi: Yeah
In the past month have you been on Stage: No
In the past month have you been Dumped: No
In the past month have you gone Skinny Dipping: No
In the past month have you Stolen Anything: No
Ever been Drunk: Are You Serious?
Ever been called a Tease: No
Ever been Beaten up: Yes I have
How do you want to Die: Wtf
What do you want to be when you Grow Up: Spoiled
What country would you most like to Visit: Australia
In a Boy/GirlFavourite Eye Color: Doesn't Matter
Favourite Hair Color: Don't Care
Short or Long Hair: Short
Height: Taller Than Me
Weight: I Don't Like Fat Boys
Best Clothing Style: Anything That Looks Good
Number of CDs I own: Too Many
Number of Piercings: 2
Number of Tattoos: 1
Number of things in my Past I Regret: ZERO

The comments on her page indicate that she seems to be well like by her friends . Speaking of which, what kind of friends does she have? Let's look at a comment left by $Mr. Get Up & Get It$'s:Pretty harmless, the guy posted it about three days before the Bank of America theft. Here is a screen shot of his myspace page:
So who is this guy with ultra lame name (yeah, I'm one to talk)? None other than...Mr. Michael Chastang (alleged accomplice to the theft):Chastang is an aspiring Hip-Hop artist and if you cruise around his page, you'll find plenty of photos of money...

And photographs from happier days:
Ummm, I'm not sure what this photo is all about except it's just Chastang hanging around with a giant bottle of Grey Goose vodka in his hand (at least he drinks the good stuff).
Here is a quick profile:

$Mr. Get Up & Get It$'s Interests
General MONEY,MAKIN MONEY,COUNTIN MONEY,STACKIN MONEY,&; SPENDIN
MONEY!!!
Music CUNTRY $LIMM A.K.A MR. GET UP&; GET IT, ALBUM {DA $KINNY} COMING
SOON! ALSO BOBBY CREEKWATER, KEEP DOING YO THANG BOI!! &; ALSO ANYBODYFROM BANKHEAD.
Movies BLOW,SCARFACE,&; WHAT EVER ELSE DAT GOTTA DO WIT GETTIN 2 DA MONEY!! I LIKE DEM FUNNY ASS MOVIES 2!
Television I RUN DA STREETS ALL DAY,I DON'T WATCH T.V
Books PORNOS, URBAN MAGAZINES,&; BLACK URBAN NOVELS
Heroes MY MAMA, COUNTINUE 2 KEEP IT REAL BABY!!!

$Mr. Get Up & Get It$'s Details
Status: Single
Here for: Networking
Orientation: Straight
Hometown: BANKHEAD
Body type: 5' 11" / Slim / Slender
Ethnicity: Black / African descent
Religion: Christian - other
Zodiac Sign: Scorpio
Smoke / Drink: Yes / Yes
Children: Proud parent
Occupation:
SALESMAN Income: $75,000 to $100,000

$Mr. Get Up & Get It$'s Companies
CONSTELLATION ENT.BANKHEAD , GA US
CEOFOREVER

Ummm, yeah. What else needs to be said? I haven't been to find (if one exists) the Myspace page for Ashley's friend Heather Lyn Johnson(Johnston) but I'll keep an eye out.

Oh, and yes, some people may find this intrusive but as I always say...it's in the public domain when people start posting crap up about themselves online. I have no doubt that when the co-defendants start to turn on eachother they'll try and use anything they can to help their cases...including material found on their myspace pages!

More later...I'm bushed.

Oops!

Ummm, for those of you that read this and don't have a feed to my blog this won't make any sense to you but for those that do subscribe to this blog, please pay NO attention to that last post on the BUG EYED BANDIT MYSPACE EXCLUSIVE. The post was nowhere near completion and I posted it by accident. You should however save the links to the webpages because I'm not posting them on the final story.

:)

Barbie Bandits?

In order to avoid rehashing all the horrible news in the south (killer twisters and bus crashes) and the ongoing war in Iraqistan I want to focus on something positive.

THE BARBIE BANDITS HAVE BEEN CAPTURED ALIVE!!!

Police say they have arrested the so-called "Barbie Bandits," a pair of girls who wore sunglasses and laughed as they robbed a supermarket bank branch, and two other people. One of the alleged accomplices was a bank teller. The two women are both 19, not about 16 as initially thought.

After a brief car chase, the two women and a man were arrested Thursday by police in Douglas County, about 20 miles from where robbery occurred two days earlier, said sheriff's Maj. M.O. Harper. "They followed them and I think they stopped them when they pulled into somebody's driveway," Harper said. Surveillance video shows the robbers giggling and smiling as they hand a teller a note demanding money from the Bank of America branch at a Kroger grocery in Cobb County.

Police declined to reveal what the note said or how much money was stolen. Ashley Miller, Heather Johnston and the teller, Benny Herman Allen III, 22, were charged with felony theft and marijuana possession, said Cobb County Police spokeswoman Cassie Reece. Michael Chastang, 27, who allegedly was in the car with Miller and Johnston, was charged with felony theft and drug trafficking, authorities said.

But Wow, lets talk about a real disappointment.

They looked sooo much better with sunglasses and grainy surveillance footage. In all fairness I cannot call these young women The Barbie Bandits...I'm leaning more towards the Cabbage Patch Kidz (although its a bit dated) or even sticking with the original Bug-Eyed Bandits. I guess I just had it in my head that two amazingly hot and crazed models had decided to turn to a life of crime and robbing banks in sunglasses was going to be their Modus Operandi.

Oh well, lets hope that there are some crazed models out there that might give it a go. Note to models. Just arm yourselves with sunglasses like these ladies did, I don't want anyone to get hurt.

(Photos from The Smoking Gun)