Archive for the ‘National Issues’ Category

Geaux-ing Away: NFL Commissioner Suspends Saints’ Head Coach for 1 Year

March 21st, 2012 | Posted in Local Issues, National Issues, Saints, Sports by bloom | No Comments »

NFL Commissioner Roger Goodell

NFL Commissioner Roger Goodell rocked the Saints’ world today.

As punishment for paying defensive players under-the-table bonuses for delivering extra brutal hits to opposing teams, Goodell suspended head coach Sean Payton for one year, beginning April 1. This means no talking with players, other coaches, creating game plans or aiding the Saints in any way. Goodell also suspended Saints’ GM Mickey Loomis for eight games and assistant coach Joe Vitt, Payton’s logical replacement, for six. Former defensive coordinator Gregg Williams, now with the St. Louis Rams? Suspended from the NFL indefinitely, at least for the next year. Also gone are the Saints’ 2012 and 2013 second round draft picks.

The Saints now have a lot to overcome if they want to be competitive next season. The pressure is even more intense because the city of New Orleans will be hosting the Superbowl in 2013.

Goodell made his extremely harsh decision to underscore the NFL’s increasing focus on player safety, especially stemming from violent hits such as helmet-to-helmet blows. His message unequivocally shows that the league will not put up with any sort of bounty programs now or in the future.

While the NFL’s response is ultimately a positive step forward for player protection, it sure is unfortunate that the Saints are forced to bear the weight of this punishment.

Rutgers Cyber-Bulling Case Reaches Verdict

March 19th, 2012 | Posted in Legislation, National Issues, Sexual Harassment by bloom | No Comments »

Dharun Ravi listens to the judge explain the law to the jury

Dharun Ravi, 20, faces up to 10 years in state prison after being found guilty of spying with a on his Rutgers University roommate, Tyler Clementi, with a webcam because he was gay.

Clementi committed suicide on September 22, 2010, by jumping off the George Washington Bridge after learning Ravi had covertly recorded him and another male student kissing. The prosecution alleged that Ravi encouraged others to watch the videos of Clementi and specifically targeted him because he was gay.

Ravi is not charged with Clementi’s death, but rather invasion of privacy, witness and evidence tampering, and bias intimidation – a hate crime in New Jersey.

Ravi’s defense alleged that his actions were simply the product of an immature first-year college student, not a malicious criminal. They also believe that the media helped influence the jury to reach a more serious verdict by presuming Ravi was guilty before the trial had even started. They are expected to file an appeal.

Regardless, this case leaves behind a legacy – setting a precedent for bullying in an age where technology like ubiquitous video recording and social media can greatly magnify the impact of people’s actions.

Do you think Ravi got what he deserved, or is the case rather an example of a statute going too far?

Hundreds of People in San Francisco Could Escape DUI Charges

March 7th, 2012 | Posted in DUI/DWI, Legislation, National Issues by bloom | No Comments »

Many people convicted of DUIs in San Francisco could be getting a lucky break. Police are being accused of faulty breathalyzer tests spanning ten years after uncovered records show the machines were not properly maintained or calibrated.

Jeff Adachi, a San Francisco public defender, said in a statement that “What we learned is that the police department was not testing these devices for accuracy. … They’re supposed to test these devices every 10 days and that wasn’t happening.”

Attorney Peter Fitzpatrick discovered the problem when his client took two breath tests an hour apart with very different results. He said there was a five-point difference in his client’s readings. “(It’s) a huge discrepancy that no criminalist would ever say is reasonable,” Fitzpatrick said.

When people drink, alcohol is absorbed in the blood and carried through the brain to the liver and heart before diffusing in the lungs. Once in the lungs, it is exhaled in our breath and detected by the breathalyzer machine. However, only a properly calibrated machine can read the results correctly.

All 20 breathalyzer machines currently in use by the SFPD have been pulled off the street. Additionally, only those who were convicted based on the initial street breathalyzer test will have the chance to get their case expunged.

CBS legal analyst Jack Ford explained the likely course of events: “Most of the DUI cases out there, they go back to headquarters and then there’s another test, either the traditional breathalyzer or even a blood test. So anybody who was found being over the limit based upon those two, you know, they won’t get away with it. It’s cases where it was based solely on this early testing out on the street that we’re going to see … hundreds of these cases apparently are going to go away.”

If you or someone you know has been charged with a DUI, call Bloom Legal at 504-599-9997 for immediate assistance and a free case evaluation.

Saints, Williams Likely to Receive Harsh Punishment for Bounties

March 5th, 2012 | Posted in Celebrity Justice, Legislation, Local Issues by bloom | No Comments »

Former Saints defensive coordinator Gregg Williams and the current Saints organization are expected to be severely punished following a NFL investigation that discovered Williams offered ‘bounties’ of $1,000 or more for brutal hits that left opposing players injured or unable to return to the field during games.

The investigation also suggested that Saints’ management, such as owner Mickey Loomis, were aware of and condoned the behavior.

Insiders believe that NFL commissioner Roger Goodell will levy fines exceeding those against the Patriots for their 2007 ‘Spygate’ scandal, which totaled $750,000 and a first-round draft pick.

According to a person familiar with Goodell’s thinking, the commissioner views the Saints’ case as a critical opportunity to underscore the league’s burgeoning emphasis on safety and need to change a culture that sometimes promotes injuries, another sign a significant penalty could be coming.

In a USA Today online pole, 56% of respondents said Williams deserved a life ban for his role in offering bounties and encouraging overly violent play. What’s your take on this? We want to hear from you!

Contact Bloom Legal at 504-599-9997 for immediate assistance and a free case evaluation.

BP and Cohorts Try to Reach Oil Spill Settlement Before Facing New Orleans’ Judge

March 2nd, 2012 | Posted in BP Oil Spill, Legislation, National Issues by bloom | No Comments »

The Deepwater Horizon oil rig burning after the April 2010 disaster

U.S. District Judge Carl Barbier has a tough decision to make: who among the companies involved in the 2010 Deepwater Horizon oil spill – BP, Transocean, or Halliburton – deserves to pay billions of dollars for the damage that was caused to Gulf Coast businesses and residents?

$26 billion dollars of damage resulted from the catastrophic 2010 oil spill – the largest in U.S. history. However, BP and others are racing to strike a settlement deal with the federal government before the Judge Barbier starts hearing evidence on March 5.

“There’s tremendous pressure on everybody to settle,” said Anthony Sabino, a law professor at St. John’s University in New York. With billions of dollars at stake, “They will talk until the moment the judge hits that gavel — and beyond.”

Carl Tobias, who teaches product-liability and mass-tort law at the University of Richmond in Virginia, said he wouldn’t be surprised to see the case resolved “on the courthouse steps.” One reason government and plaintiffs’ lawyers haven’t agreed to settle yet could be that the government wants BP and others to suffer the bad publicity generated from evidence and testimony in the courtroom.

“That kind of negative publicity never does any company any good,” he said. “That may be a factor in the settlement calculation.”

Scott Dean, a spokesman for BP, declined to comment on the trial or potential outcomes stemming from a settlement.

Virginia Now Requires Ignition Locks for 1st-Time DUI Offenders

February 27th, 2012 | Posted in DUI/DWI, Legislation, National Issues by bloom | No Comments »

Opponents of drunken driving are applauding the Virginia state Senate for passing a bill to require even first-time DUI offenders in Virginia to install a device to prevent them from operating their vehicle while intoxicated. Currently, the devices are required only after a second or subsequent DUI conviction.

An ignition interlock requires a motorist to blow into a Breathalyzer before starting the car and at random intervals while driving. The car won’t start if the driver’s blood alcohol content is above .02 percent.

According to the National Highway Traffic Safety Administration, nearly 30,000 DUI offenders were convicted in Virginia in 2010. That’s more than three convictions every hour. Kurt Erickson, president of the Washington Regional Alcoholic Program, which campaigns against drunken driving, said ignition interlocks are effective in stopping people from driving while under the influence of alcohol.

“If, before attempting to start their vehicle, the device senses a set amount of alcohol, the vehicle will not start,” Erickson said. “If a running retest senses a set amount of alcohol, the vehicle’s horn will sound, along with its headlights flashing, in order to draw the attention of law enforcement.”

If you or someone you know has been arrested for a DUI, call Bloom Legal immediately at 504-599-9997 for assistance and a free case evaluation.

Three 20-Year-Olds Caught with $180,000 Worth of Weed

February 24th, 2012 | Posted in Drugs, Legislation, Local Issues, National Issues, NOPD by bloom | No Comments »

A photo of some of the seized marijuana, valued at roughly $180,000

The FedEx deliveryman thought he was just dropping off a routine package to the 2600 block of Myrtle Street in Gentilly. What he didn’t know was that the package contained over five pounds of premium grade, hydroponic marijuana, and that both New Orleans Narcotic officers and DEA investigators were patiently waiting to arrest whoever signed for it.

Working undercover, investigators collected information that 20-year-olds Tyler Self, Frank Bruno, Jr. and Vincent Hirstius were expecting this FedEx package of high-quality bud. Once Self signed for the package, investigators seized it, and detectives immediately obtained and executed a search warrant for the residence.

During the search, investigators found 2200 grams of premium grade marijuana – which has a street value of about $180,000.

“These detectives worked diligently to make sure they put these drug dealers out of business. The results are startling,” said NOPD Superintendent Ronal Serpas.

“These arrests are a great example of what a powerful, combined effort by NOPD detectives and DEA agents can do. Residents in this Gentilly neighborhood are safer tonight because these former suspects’ customers won’t be coming around.”

If you or someone you know has been arrested for possession of marijuana, do not hesitate to call Bloom Legal at 504-599-9997 for immediate assistance and a free case evaluation.

Teenage Girl Gets Life with Possibility of Parole

February 8th, 2012 | Posted in Legislation, National Issues, Personal Injury by bloom | No Comments »

Alyssa Bustamonte in a 2009 photo, courtesy of the Cole County Sheriff's Department

Alyssa Bustamonte, 18, was sentenced today for the murder of a 9-year-old girl in which she strangled, cut, and stabbed the victim in order to “know what it felt like to kill someone.” Bustamonte gets life in prison with the possibility of parole, avoiding a straight life sentence in an adult prison.

Bustamonte committed the crime when she was 15 in her hometown of St. Martin, a rural town west of Jefferson City, Missouri. She confessed to prosecutors that she strangled her victim Elizabeth Olten, then repeatedly stabbed her in the chest before slicing her throat. Olten’s body was then buried in a shallow grave under a pile of leaves.

Her defense claimed that her depression and prescription of the drug Prozac made her more prone to violence. The prosecution argued that the murder was premeditated and cited the girl’s journal entries as evidence of unwarranted cruelty. “It was ahmazing (sic). As soon as you get over the ‘ohmygawd I can’t do this’ feeling, it’s pretty enjoyable,” read the journals, according to a handwriting expert, “I’m kinda nervous and shaky though right now. Kay, I gotta go to church now…lol.”

Connecticut Man Sentenced to Die for “Unimaginable” Crime

January 27th, 2012 | Posted in Legislation, National Issues, Personal Injury by bloom | No Comments »

A Connecticut judge has sentenced Joshua Komisarjevsky, 31, to die today for the brutal murder of a mother and her two daughters during a home invasion in 2007. “This is a terrible sentence, but one you have written for yourself,” Judge Jon Blue told Komisarjevsky in New Haven Superior Court. “Your crime was one of unimaginable horror and sadness,” the judge said. “Your fate is now in the hands of others. May God have mercy on your soul.”

Jennifer Hawke-Petit, 48, was raped and died of strangulation. Her daughters died of smoke inhalation as the home was set afire. Hawke-Petit’s husband, Dr. William Petit Jr., was tied up and beaten, but escaped before their home went up in flames. “July 23, 2007, was my own personal holocaust,” Petit Jr. said. “Evil does live among us.”

Komisarjevsky targeted Hawke-Petit and her younger daughter at a grocery store and later went with Hayes to their home as the family slept, police said he confessed to investigators. He bashed Petit with a baseball bat, tied him up and ransacked the home.

Police caught Komisarjevsky and his accomplice, Steven Hayes, 48, as they tried to flee.

Komisarjevsky’s sentencing brought to 11 the number of men on the Connecticut’s death row, according to the Death Penalty Information Center.

Connecticut has executed only one person, in 2005, since the death penalty was reinstated in the United States in 1976, the center said.

Notorious ‘Bama Fan, Brian Downing, Released on $10,000 Bond

January 23rd, 2012 | Posted in Celebrity Justice, Sexual Harassment, Sports by bloom | 1 Comment »

Brian Downing being booked at Central Lockup in New Orleans

What Russell County Sheriff and Downing’s second cousin, Heath Taylor, described as a “minute of misconduct” following Alabama’s National Championship victory on January 9 will likely haunt Mr. Brian Downing for the rest of his life.

32-year-old Downing faces a felony charge of sexual battery for allegedly putting his genitals on an unconscious LSU fan’s face at the Krystal on Bourbon St. following the game. The incident was videotaped and went viral across the internet within days. If convicted, he will have to register as a sex offender nationally and notify authorities whenever he changes his home address.

To make matters worse, Downing was fired from his job at Hibbett Sports shortly after it became public that police had identified him in the video. He is also married and has a newborn daughter. Surely, Downing’s severe consequences illustrate how a brief episode of irresponsibility can damage someone’s life for a very long time.

If you or anyone you know has been arrested, call Bloom Legal at 504-599-9997 for immediate help and a free case evaluation.

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