Texting and Driving, Identity Theft and an OJ Update

Click HERE To Listen: 05-16-12 Paul Samakow

The first story Andy & Paul talked about involved texting and driving.  Well, almost.  As an auto accident attorney, Paul has a special pet-peeve against people who text while driving.  A case now going on in New Jersey, where two people on a motorcycle were hit by an errant teenager texting while driving his car, involves claims against the person who sent the text to the teenager.  The victims both lost their left legs, truly an unnecessary tragedy brought about by a very bad habit many people engage in…  the crux of this case is whether the person who sent the text to the driver knew, or should have known, that the driver was driving… if not, it might be hard to hold the sender responsible.

Next, Andy asked Paul about New York’s highest court recently ruling that watching child pornography was not against the law.  Explaining the ruling, technology is involved.  The NY court found that because some images are captured automatically in temporary files on your computer, this was not “exercising dominion and control” over the image, as it would be if you printed, saved or downloaded the image.  The distinction is probably moot now in NY, because, thankfully, the NY legislature is moving to make watching child porn illegal, however you do it.

The last story they guys talked about involved the curious situation of convicted thief OJ Simpson.  It seems he has found an attorney to try to overturn his conviction from 4 years ago.  Paul wondered why the attorney would take the case, but beyond, offered that the “ineffective assistance of counsel” claim probably is not going to work.

Paul’s tip of the day involved Identity Theft.  To learn how to minimize the potential damage if you are a victim, listen to the clip.

Labels: Identity Theft, free speech, freedom vs. security, in the courtroom, personal injury, privacy, radio show

Huguely Case, Fired For Shoplifting & Dealing With Debt Collectors

Click HERE To Listen: 05-09-12 Paul Samakow

Paul started today’s show offering Happy Mother’s Day to all moms.  Andy offered that Paul was a nice guy; thank you Andy.  The first topic concerned Sharon Love’s 29 Million lawsuit against Virginia, the University of Virginia, it’s team’s coaches and the athletics director, over the wrongful death of her daughter, Yeardley Love, who was murdered by George Huguely.  Paul offered it would be a tough win for her, as she’d need to prove the defendants had a duty to protect her daughter, that they breached the duty, and that their breach directly led to her daughter’s death.  Huguely’s criminal act makes that last element almost impossible, even if she can get past the first two.

Next, in the Travyon Martin murder case, Andy asked about Defendant George Zimmerman’s bail being revoked.  The Martin family attorney went public with concerns about lies he alleges Zimmerman told at his bond hearing, and offered that the lies should be the basis for the revocation.  Paul doesn’t believe the Court will act to revoke Zimmerman’s bond at this point.  The Martin family attorney isn’t involved in the case.  The prosecutor’s office has not made any noise on this matter.

Andy asked about a lady in Wisconsin, a five year employee of Wells Fargo Mortgage, who was fired.  Despite getting accolades for her work for her five year tenure there, she was fired because a routine background check revealed she had a shoplifting conviction, forty (40) years ago.  Outrageous!

The last story covered involved a six year old boy in Colorado who was suspended from his elementary school, because while in the lunch line he sang “I’m sexy and I know it” to the girl in front of him.  We ask, does a six year old boy, or a girl, know what “sexy” is?  Clearly, a bit of over-reaching here on the part of the school.

Paul’s tip of the day involved debt collectors.  While the actual creditor can call you at will, debt collectors are governed by rules.  Paul provided some of these. Listen to the clip to hear the whole segment.

Labels: in the courtroom, radio show

DNA, Jury Tampering & Pit Bulls

Click HERE To Listen: 05-02-12 Paul Samakow

Call this the Maryland and Florida day.  Andy asked first about the Maryland High Court’s recent ruling taking away the police procedure of securing DNA samples from individuals arrested for violent crimes.  Paul explained the background and offered he was very against the Court’s ruling.  Up until last week, the police, in the processing of the arrest, routinely took fingerprints, photographs and DNA samples of people arrested for violent crimes.  The DNA sampling was done by a simple swab in the person’s mouth with a cotton stick.  No muss, no fuss, and certainly not “invasive”. This was done to use it to see if the individual was involved in other crimes.  Good idea said Paul.  Now, the Maryland Supreme Court says “no” because it’s unconstitutionally invasive.  Paul had Maryland Attorney General Doug Gansler’s Motion to the Court to reconsider.  Let’s hope Maryland’s Justices reverse themselves.

Next, in Florida, a West Palm Beach judge is going to decide if several jurors who allegedly pressured another juror to vote “guilty” constitutes jury misconduct or even jury tampering.  The case involved the conviction of Wellington, Florida polo mogul John Goodman, on charges of DUI Manslaughter.

Again in Florida, in Naples, a knucklehead with a history of petty thefts went into a McDonalds, asked for a cup to take some water, and filled the cup with coffee.  When the manager asked him to pay for it, the guy got abusive, and wouldn’t leave.  The police came and arrested him.  Because of his prior misdemeanor convictions, and this minor theft, and disorderly conduct, and trespassing, the guy now faces a 3rd degree felony.

Paul’s tip of the day brings us back to Maryland, where the Maryland Supreme Court again is in the news.  They declared that if you own a pit bull dog, and it bites somebody, you are liable.  Period.  No defense.  Learn what this really means by listening to the segment.

Labels: freedom vs. security, in the courtroom, privacy, radio show

Immigration, John Edwards & Streaming Movies

Click HERE To Listen: 04-25-12 Paul Samakow

Paul and Andy talked about John Edwards, the former Presidential candidate charged with 6 criminal charges relating to funds Edwards gave to his former mistress, Rielle Hunter.  The issue hinges on whether these funds were campaign contributions, in which event Edwards is in big trouble, or gifts from wealthy friends designed to help him keep his affair secret.  The prosecution’s case will largely rest on the credibility of Andrew Young, a former Edwards aide and confidant.  Paul’s take:  tough prosecution, Edwards will be exonerated.

Next, Paul and Andy talked about Arizona’s tough immigration law, which the Supreme Court is taking up today.  Is the law, considered the toughest ever on the immigration population, unconstitutional because it usurps Federal law, which is said to control the nation’s immigration law, or is the law just to supplement the Federal law, to help Arizona keep crime down and, keep resources from being spent, and keep Arizona jobs for Arizona residents?  Paul’s take:  Feds win.  Doesn’t matter if the Congress passes the law being proposed by some Democrats.  That law would clearly wipe out any state law that touches on immigration.  We’ll wait and see what the Supreme Court does.  Andy offered numerous excellent problems that would be created if the Democrat’s law being proposed is passed.

Finally, a story about MetLife Life Insurance company presented that allowed Paul to discuss his “love” of the insurance industry.  MetLife agreed to a settlement of about $500 Million, to pay the beneficiaries of life insurance policies that were never paid.  Policies were issued 20-30 years ago, and the beneficiaries never knew their loved ones had the policies.  So, if they didn’t know, what’s the rub? MetLife should have notified them that the policies existed and that money was on its way.  In stark contrast,  MetLife vigorously checks the Social Security Administration’s Death List to stop payments due to people that have died.  By agreeing to the settlement, MetLife agreed to conduct a thorough  search for beneficiaries and to implement a monthly matching process.

Paul’s tip of the day involved streaming movies and songs.  Listen to the clip to determine if this activity is legal!

Labels: freedom vs. security, in the courtroom, radio show

Scandal At The Secret Service, Teen Drivers and More

Click HERE To Listen: 04-18-12 Paul Samakow

The Secret Service agents in Columbia, detailed in advance of President Obama’s visit there, were caught with their pants down.  Eleven of them hired prostitutes.  This is all of the news now, and Paul’s take is as many have voiced… a very big no – no.  Their actions compromised the integrity of the office of the President.  No United States “crime” was committed here, nor any in Columbia, where prostitution is legal.  The predicted result for these agents?  They’ll be fired.

The next subject discussed today was the Roger Clemens perjury trial, Part 2.  Paul offered some observations about the strengths and weaknesses both sides now have in this “do-over”, and Paul predicted that even if Roger is convicted of lying to Congress, he’ll not see any jail time.

Paul next talked about Connecticut becoming the 5th state in the last 5 years to abolish the death penalty.  Acknowledging he is in favor of the death penalty for certain heinous crimes, Paul expressed concern about the implementation of the sentence and the possibility of mistakes.  That lead to the discussion of Gary Allen, who murdered the wife of his two children in Oklahoma in 1986.  Mr. Allen was convicted and sentenced to death.  Appeals led to the Supreme Court of the United States, just last week, staying the execution.  The mitigating circumstances here were that Mr. Allen had a history of mental illness, including schizophrenia and dementia, and, the Parole Board voted 4-1 in favor of the stay.  OK’s governor nonetheless wanted the execution carried out.

Paul’s tip of the day involved teenage drivers.  Car accidents are the leading cause of fatal head trauma in teenagers.  States with strict licensing laws experience lower rates of these devastating injuries.  Paul offered a free copy of his “New Driver Contract” to any that ask.

Listen to the whole segment and if you have a teenager, get Paul’s contract before you hand over the keys.

Labels: death penalty, drugs, in the courtroom, personal injury, radio show