December 31, 2008

Georgia law enforcement to adopt stronger eyewitness identification standards

This is a great development. The Macon Telegraph has the story.

Anyone who has followed the work of the Georgia Innocence Project, and other Innocence Projects around the country, have no doubt been disturbed by the amount of people held in prison for crimes they did not commit. The sad fact is that many of these people were wrongfully convicted on the basis of "eyewitness testimony."

Hopefully, these new standards will help reduce the number of people falsely accused by mistaken eyewitnesses. But it's a shame that these standards could not have been adopted by the Georgia General Assembly when they were first introduced by Rep. Stephanie Stuckey Benfield.

Maybe this year?

October 20, 2008

Cobb County Georgia Police Department rolls out the tank

tank.jpg

The Cobb County Police Department has added a Light Armor Vehicle (LAV) to its arsenal. The LAV was donated and then refurbished at a cost of $45,000 for "police use."

The Atlanta Journal Constitution has the story.

Cobb County already has a Peacekeeper vehicle used by its SWAT officers. Apparently, SWAT intends to use these military-type vehicles together when making calls.

It looks like Cobb County will be well prepared in the event of a land assault, but what about its missile defense capabilities? Perhaps we will see some Patriots deployed soon.

August 25, 2008

GBI budget cuts cripple criminal justice in Georgia

skull.jpg

A recent article by my friend Joe Johnson in the Athens Banner Herald reports that the GBI is cutting services again. This time, the cuts go right to the heart of the GBI's mission - regional crime labs and forensic services.

For years, Georgia's elected officials have chopped away at the GBI, reducing the once well-regarded agency to an afterthought. That is a big mistake.

For the most part, the GBI is much better equipped to handle complicated criminal cases than local sheriffs and municipal police departments. Better investigations lead to better cases, and fewer innocent people being charged with crimes they did not commit. A state-wide professional police agency benefits everyone involved in the process - prosecutors, criminal defense lawyers, and, most importantly, defendants and crime victims.

I sincerely hope all Georgians will support professional law enforcement and ask their legislator to strengthen the GBI and adequately fund its mandate. Georgia deserves no less than the best when it comes to fighting crime and protecting the innocent.

May 26, 2008

FBI and GBI to cooperate in Georgia computer crime and internet porn investigations

Not really surprising news, but it could be a significant development for criminal defense lawyers in Atlanta and other parts of Georgia.

The Georgia Bureau of Investigation (GBI) has joined with the FBI in Georgia to staff a training center for law enforcement officers involved in cybercrime and internet criminal investigations. The center will provide training in all aspects of computer crime, from internet child pornography to identity theft and fraud involving the use of computers.

The Macon Georgia Telegraph has the story.

The FBI says that the training will help law enforcement investigate cybercrime that costs the U.S. approximately $4 billion a year. The GBI's spin is that the training will help law enforcement protect children. Not sure how the two relate, but it sure makes good press.

Officials expect 70 Georgia police departments and sheriff's offices to participate in the training. That means a lot more local enforcement of complicated computer crime laws. Not sure that is a good thing, considering some of the misguided sexual exploitation cases we have defended in the past few years. But maybe a little training is exactly what some local departments need.

Our firm has handled dozens of internet porn cases. A lot of our work has focused on the forensics of the computer investigation, an area ripe with law enforcement errors. By using computer forensics experts, we have kept several of our clients from being indicted. In other cases, we have successfully challenged the techniques used to entrap unwary internet browsers and the curious surfer. Computer porn and enticement cases can be difficult for a criminal defense attorney because the stakes are so high. A conviction on a sexual exploitation case will usually result in a significant prison sentence, and possible lifetime registration on Georgia's sex offender registry.

We have also represented clients in identity theft and other white-collar fraud cases involving the use of computers. Like computer pron and exploitation cases, computer fraud prosecutions are best handled by a criminal defense firm experienced in complex criminal cases with access to the best computer forensics experts in Georgia. While we have always seen these cases prosecuted in federal courts, we are now seeing more and more of them in Georgia state courts. In our experience, recent Georgia fraud cases run the gamut, from simple online scams (sometimes using Ebay and other online services) to complex mortgage fraud that used to be prosecuted almost exclusively in federal courts.

If this new training does increase the amount of state-level computer crimes being prosecuted in Georgia, it will be interesting to see how prosecutors work this cases into crowded state court dockets already filed to the brim with violent crime and drug cases.