Wiretapping Debate Reaches Critical Point

If you have been charged with a crime involving electronic privacy or wiretapping, contact Federal Criminal Defense Attorney Calcagni for assistance now at (401) 351-5100 or use the contact form HERE for more information.

ACLU Lens: Court Rules Challenge to Warrantless Wiretapping Law Can Proceed
September 22, 2011
Ategah Khaki

In a very significant development, yesterday a federal appeals court ruled that our lawsuit challenging warrantless wiretapping can proceed. The law that we’re challenging, the FISA Amendments Act (FAA) of 2008, is the most far-reaching surveillance law ever enacted by Congress. It gives the National Security Agency (NSA) virtually limitless power to spy on Americans' international phone calls and emails. It allows the NSA to collect those communications en masse, without a warrant, without suspicion of any kind, and with only very limited judicial oversight. Needless to say, the law has dramatic implications for Americans' privacy rights.

In the lower court, the case was dismissed on “standing” grounds. The judge ruled that our plaintiffs — a broad coalition of attorneys and human rights, labor, legal and media organizations — could not prove with certainty that they had been spied on and consequently didn’t have the right to challenge the law. A three-judge panel of the appeals court reversed that decision, and yesterday the full appeals court refused to reconsider that ruling.

The government now has 90 days to decide whether or not to appeal this issue to the Supreme Court. We hope that that they will decline to file a petition and instead allow the case to go back to the lower court so that a judge can finally consider the constitutionality of the FAA.

Felony Assault and Rape Suspect Arrested

 

Felony assault and rape are serious criminal charges that carry with them the potential for substantial prison sentences if found guilty. If you are a suspect or have been charged with a felony assault or other serious sexual offense, contact John L. Calcagni at (401) 351-5100 or use the contact form HERE for more information.

 

R.I. Police Digest: Rape, assault suspect captured on Block Island
September 20, 2011
New Shoreham

Rape, assault suspect captured

A man wanted by North Providence police on charges of rape and felony assault was apprehended early Sunday morning on Block Island, according to New Shoreham Police Chief Vincent Carlone.

Named on the Rhode Island Most Wanted website, Jossie J. Gomez, 21, last known to live in Providence, was taken into custody around 1 a.m. Sunday by New Shoreham officers after a brief foot chase, and was taken by medical helicopter to Rhode Island Hospital in Providence after injuring himself when he attempted to flee, Carlone said.

Gomez was wanted by the North Providence police on charges of kidnapping, first-degree sexual assault and felony assault. Superior Court warrants were also outstanding for drug possession, probation violation and failure to appear for an arraignment on a charge of domestic assault.

Carlone said the police received a phone call reporting that a fugitive from justice was on the island.

Gomez was found at a rooming house on Water Street, Carlone said.

“While receiving permission to conduct a search, [officers] heard scrambling and saw the man running,” Carlone said.

While fleeing, Gomez jumped off a deck and landed on some lobster pots, injuring himself, Carlone said.

When Gomez was captured, Carlone said, “he had a substantial amount of cash.”

BRYAN ROURKE

Military Criminal Defense Lawyers Post Case Results

 

CHARGES: Larceny of Military Property; False Official Statement; Dereliction of Duty.

SENTENCE: Not Guilty After Trial

A U.S. Army Field Grade Officer received orders to PCS to a new duty station. Upon arrival, she was assigned and moved into government quarters. Notwithstanding this fact, she began receiving basic allowance for housing (BAH) at the approximate rate of $2500.00 per month. BAH is a financial benefit provided to military personnel to assist with the cost of living on the economy or in private, non-government quarters. The Officer continued to receive BAH for a period of 35 months – nearly three years. One day, while on duty, her supervisor approached her to inquire if she in fact was receiving BAH. The Officer replied “yes, but that it was subsequently taken out from her pay for housing.” The supervisor directed the Officer to contact the Defense Finance and Accounting Service (DFAS) to inquire into whether she was in fact receiving BAH, whether or not she was authorized to receive it, and if not, how much unauthorized funds she had received. The Officer complied with all of her supervisor’s directives and learned from DFAS that she had received nearly $100,000.00 in unauthorized BAH.

The Officer was charged with three violations of the Uniform Code of Military Justice (UCMJ): Larceny of Military Property; Providing a False Official Statement to her supervisor; and Dereliction of Duty for failing to carefully monitor her monthly Leave and Earnings Statement (LES). These charges were referred for trial by General Court-Martial (GCM). The Officer was well represented at trial by the unstoppable defense “dream team” consisting of Attorney John L. Calcagni, a part-time U.S. Army Judge Advocate, and his colleague, Attorney Troy A. Smith, also an Army Judge Advocate. Attorneys Calcagni and Smith have a long history of trying cases against one another, as well as teaming up to defense Soldiers accused of crimes within the military. These attorneys make an unstoppable defense team and have a proven track record together of achieving success in the courtroom.

The Officer in this case elected her right to trial by a panel – the military equivalent of a civilian jury. The defense shaped the battlefield at trial with Attorney Calcagni’s heart-pounding and captivating opening statement. The defense characterized the governments view of the evidence as a “tale” and set the stage for its theory of innocence: the accused was unaware of the unauthorized BAH until it was brought to her attention by a supervisor; her reaction was characterized as “shocked, surprised, confused and YIKES;” she following all directives from her superiors, law enforcement personnel and DFAS regarding the BAH; had repaid most of the money by the time of trial; and had even assisted DFAS with re-calculating the outstanding debt to her own detriment on multiple occasions.

Once the actual trial got underway, government prosecutors presented several witnesses to establish that the Officer lived in government housing; was not entitled to BAH; and had received nearly $100,000.00 in unauthorized housing allowances over the course of 35 months. The defense team of Calcagni and Troy delivered devastating cross examinations to all government witnesses. In one instance, Attorney Calcagni turned one government witness – the Officer’s very own supervisor who brought her receipt of unauthorized BAH to light – into a defense character witness. Attorney Calcagni was able to have this witness testify unequivocally that the Officer was an outstanding military officer who was both law-abiding and truthfulness to the extent that she “doesn’t have a dishonest bone in her body.” In another instance, Attorney Smith virtually dismembered a law enforcement witness – a Criminal Investigation Division (CID) Agent – who obtained a sworn statement from the accused Officer.

Though the CID Agent characterized the Officer’s statement as a confession, Attorney Smith demonstrated clearly through his surgical cross-examination questions that the CID Agent lied under oath on multiple occasions and when questioning the Officer, was more concerned about characterizing her answers to accommodate his theory of her guilt rather than learning the truth of her innocence. Following these attorneys’ examinations and upon the close of the government’s case-in-chief, Attorney Calcagni successfully moved for dismissal of the Dereliction of Duty charge for lack of evidence.

The Defense put on a strong case at trial. Though the defense has no obligation to ever present a defense and it is the government’s burden to prove the accused’s guilty beyond a reasonable doubt, both Attorneys Calcagni and Smith are large proponents of presenting affirmative defense evidence at trial. Their shared philosophy paid dividends for the Officer charges in this case. The defense presented evidence that the Officer never checked or scrutinized her LES for receipt of BAH. They further proved, through the testimony of the accused, her husband and voluminous bank records, that the Officer did not carefully check or scrutinize her bank records or statements either. During the 35 months that she received the unauthorized BAH, she and her family had received nearly $100,000.00 in cash windfalls from unique tax credits and other forms of disposable income. The defense further presented character witnesses on the Officer’s behalf, which included a police officer, a retired Army Colonel who served with the accused Officer, a religious leader who was a U.S. Naval Academy graduate and retired Naval Commander, and a well-respected attorney and close friend of a U.S. Supreme Court Justice. These character witnesses all testified emphatically that the charges against the Officer were ludicrous and beyond her capability. They further highlighted her outstanding character for honesty and law-abidingness.

The defense closed its case with Attorney Smith’s precision-guided closing argument. This argument cast a dark cloud over the integrity of the investigation into the Officer’s receipt of unauthorized BAH. Attorney Smith quoted the Officer’s spouse that his client is considered “the Forrest Gump of the Army” for not more carefully analyzing her pay or bank records, but that she was mistaken about receiving the funds; she was distracted with other obligations in her life during the 35-month period that she received the BAH; had benefited from a number of significant financial benefits during this time period; and did “not have a dishonest bone in her body.”

The carefully constructed defense by Attorneys Calcagni and Smith sent the panel into deliberations with one mission – to acquit the Officer of the remaining charges of Larceny and Providing a False Official Statement. Several hours later, this mission was accomplished. The panel returned with a verdict consistent with the evidence presented at trial – not guilty on all counts. The charged officer was cleared of all wrongdoing and fully reinstated to her unit and position within the U.S. Army.

The Crime of Armed Robbery

All robberies are felonies, however the addition of a weapon to the existing crime of robbery constitutes what is considered a Class A felony in most jurisdictions, punishable under very harsh sentences.

In prosecuting the crime of armed robbery, although the circumstances of the crime are always taken into account, sentences typically involve prison time. Keeping any previous convictions or charges in mind, an armed robber who is a repeat offender will most certainly be looking at some sort of prison sentence, if not the death penalty in states where it applies.

The circumstances of an armed robbery are likely to be one of the most prevalent mitigating factors in determining a sentence. Whether other crimes were taking place at the same time as the armed robbery; whether an injury or death occurred as a result of the crime; the kind of weapon used, and the severity of the crime are all taken into account for sentencing purposes.

Criminal defense attorneys are well versed in the different laws dealing with armed robbery and can provide you with the best possible defense. As a former military prosecutor in the U.S. Army JAG Corps and Special Assistant U.S. Attorney with the U.S. Department of Justice, John L. Calcagni has a unique understanding of what process the prosecution will follow.

A situation where a death has occurred as a result of an armed robbery, whether or not the perpetrator intended to cause the death, is treated as a murder charge. Felony murder charges do not need to satisfy any intent criteria, merely show that the accused could have reasonably assumed that death would occur as a result of their actions.

If you are being charged with armed robbery, or another felony crime in RI, MA, or at a Federal level, you need experienced legal representation. Contact Mr. Calcagni at (401) 351-5100 or use the contact form HERE for more information.