Update on the case of Dr. Pou

Anna%20M%20Pou020507.jpgSpeaking of prosecutorial excess, the case of Dr. Anna Pou — the former University of Texas Health Science Center professor and physician who was arrested last year in Louisiana on wrongful death charges for her actions in attempting to save lives during the chaotic aftermath of Hurricane Katrina — was back in the news last week. The New Orleans coronor announced that he had not found evidence that would show that the cases were homicides, although he noted that he was continuing to gather evidence and had reached no final conclusion.
Dr. Pou’s case was transferred to Orleans Parish after Louisiana Attorney General Charles Foti had labeled her and two nurses who were assisting her during the chaos as murderers. Just to make sure he got the most publicity possible for his lack of prosecutorial discretion, Foti repeated those charges on 60 Minutes several months ago. Ultimately, the decision on whether to prosecute will come down to Eddie Jordan, the District Attorney of New Orleans, who is still planning on presenting evidence to a grand jury. With the the coronerís current classification, what on earth is there to present to a grand jury?

“Mike Nifong would approve?”

fifth%20circuit.jpgIn criminal law appellate circles, the Fifth Circuit Court of Appeals is known as a black hole into which appeals of convictions go and reversals rarely occur.
However, about a year ago, the Fifth Circuit vacated a criminal conviction of one Humberto Cuellar, who had been convicted of international money laundering after he was found with $83,000 hidden in his VW Beetle as he headed to Mexico via Del Rio, Texas. The prosecution needed to show that Cuellarís transportation of the money was designed to conceal its source and that Cuellar knew of the concealment. Inasmuch as the prosecution focused solely on the fact that the money was hidden in Cuellarís car to establish these elements, a Fifth Circuit panel concluded that the evidence was insufficient to support conviction and that money laundering requires some showing that the defendant tried to pass off the money as legitimate. In short, simply attempting to smuggle the money to Mexico does not equate with money laundering.
But not so fast. The Fifth Circuit decided to rehear the appeal en banc and, in this decision, reverses the panel decision and affirms the original conviction by a 13-3 vote. In a stinging dissent, Judge Jerry Smith of Houston notes that the majority’s decision facilitates prosecutorial misconduct by allowing the government to charge Cuellar with the crime of money laundering — which carries a sentence of up to 20 years — rather than his true crime of currency smuggling, which has a sentence of only up to five years. In arguing that the prosecution didn’t come close to making a money laundering case, Judge Smith observes that “this is a case of a prosecution run amok” and that Mike Nifong — the disgraced former prosecutor in the Duke lacrosse team case — “most surely would approve.” Ouch!
Hat tip to Robert Loblaw.

Remembering Chocolate Thunder

Darryl%20Dawkins.jpgGiven the Rockets mediocrity over the last decade or so, it’s hard to get too enthusiastic about professional basketball in Houston. This season’s Rockets team is not bad, but it hasn’t had all of its working parts playing at the same time yet and, even with all those components working, probably isn’t as good as the NBA Western Conference powers Dallas, Phoenix and San Antonio. By the way, the best way to keep up with the Rockets is through Jonathan Feigen’s blog, which is excellent.
About 30 years ago, the Rockets also had a pretty good team, but they were beaten in the Eastern Conference playoffs by the Philadelphia 76ers, who were led by Julius Erving and. one of the true characters of NBA history, 20 year-old center Darryl Dawkins, he of the “Chocolate Thunder-flying, Robinzine-crying, teeth-shaking, glass-breaking, rump-roasting, bun-toasting, wham-bam I am jam.” The NY Times checks in with the always entertaining Chocolate Thunder, who, among other things, used to claim to be an alien from planet Lovetron where he spent off-season practicing “interplanetary funkmanship” with his girlfriend Juicy Lucy.