Gaspari Gutierrez-Lucero was convicted in 2003 of attempted first degree sodomy. The victim was the 6 year old daughter of his girlfriend. He received a sentence of three and a half years in prison and an additional five years of post-release supervision. On January 6, 2011, a hearing was held under the Sex Offender Registration Act (SORA). The … [Read more...]
Colorado’s “Make My Day” Law
Woman Kills Her Boyfriend and Is Not Prosecuted Under Colorado Law Azura Lakin has dodged a bullet and avoided prosecution for murder under Colorado's "Make My Day Law". Azura Lakin is 21 years of age. On October 2, 2011, she had a fight with her boyfriend. During the fight, she slashed his throat with a broken bottle. Her boyfriend Shawn Cassidy, … [Read more...]
Miranda Warnings as Applied to Children
How old must a child be before he or she can understand the Miranda warnings? The Supreme Court of the United States, in the case of J.D.B. vs. North Carolina, dealt with this issue. The court, in this case, rendered a ruling that police must take a suspect's age into consideration when evaluating whether to give the Miranda warnings before … [Read more...]
Nassau County Loses Marijuana Evidence
Recently, Nassau County, New York lost two bags of marijuana. The bags of marijuana had been seized as evidence by police officers. Due to problems with Nassau County's crime laboratory, the marijuana was being shipped to a laboratory in Pennsylvania for drug testing. The shipment was carried by Federal Express. Unfortunately, the marijuana never … [Read more...]
Gravity Knife Not Admitted into Evidence, Case Dismissed
In a recent case in New York County, Judge Martino, sitting in the Family Court, dismissed a juvenile proceeding. The juvenile was walking in February in what the police referred to as a high crime area. Police officers saw the juvenile walking alone. He was wearing a winter jacket and had a black ski mask. When the juvenile saw the police … [Read more...]
