National District Attorneys Association Newsclips November 4, 2010

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1 National District Attorneys Association Newsclips November 4, 2010 Today s Clip Headlines Californians Say No to Legal Pot But Yes to Pot Taxes California Attorney General s Race Remains Too Close to Call Despite Setbacks, Activists Look to Legalize Pot in 2012 Birkett Appointed to Appellate Court Op-Ed: Granholm Should Commute Prison Sentences of Battered Women N.J. Law Enforcement Increases Use of Digital Evidence to Combat Crime Utah Supreme Court Keeps Ogden Gang Injunction Hate-Crimes Enforcement on Rise, Reflecting Administration Priorities Clip Synopses and Links The Los Angeles Times Californians Say No to Legal Pot But Yes to Pot Taxes California voters did not buy the argument that marijuana should be legalized and controlled like alcohol, but many agreed that it should be taxed like it. Voters in 10 cities around the state on Tuesday overwhemingly passed local measures to tax sales of medical and recreational pot. Supporters of Proposition 19, the measure to legalize marijuana, had hoped the lure of new tax revenue in the midst of a severe economic crisis would out appeal to voters. It did, but not enough to persuade them to back the controversial initiative. But proponents interpreted the thumbs-up on recreational pot taxes as an indicator of growing voter support for legalization. We largely won the debate because they are ready to tax, control and regluate, said Dale Sky Jones, a spokesman for the campaign to pass the initiative. The Los Angeles Times California Attorney General s Race Remains Too Close to Call Republican Steve Cooley had declared victory on election night when early results showed him with a comfortable lead. But overnight Kamala Harris moved ahead. Thousands of provisional and mail-in ballots are uncounted. By Wednesday morning, Cooley s opponent, San Francisco Dist. Atty. Kamala Harris, was leading by a razor s edge and the moderate Republican looked like he had jumped the gun. With all of the precincts and early mail-in ballots counted, Cooley trailed late Wednesday by 9,030 votes in a race that drew more than 7 million ballots.

2 With such a slim gap, the election for California s top law enforcement office remained too close to call, and a clear winner may not emerge for days or weeks. Election officials have yet to review hundreds of thousands of provisional ballots and absentee ballots that arrived by mail or were handed in at polling places on election day. Counties have 28 days to complete their counts ,0, story?track=rss&utm_source=feedburner&utm_medium=feed&utm _campaign=feed%3a+latimes%2fnews%2flocal%2fpolitics%2fcal+(l.a.+times+- +California+Politics)&utm_content=Google+Reader The Boulder Daily Camera Despite Setbacks, Activists Look to Legalize Pot in 2012 Colorado marijuana activists, undaunted by California`s failure to legalize the drug, said Wednesday they are launching two separate campaigns to legalize pot for adults in The pot groups announced their intentions even as voters in more than two dozen Colorado municipalities decided Tuesday to ban medical marijuana centers. But advocates who want to legalize the drug see hope in Colorado, one of 14 states where medical marijuana is legal, and where Denver voters approved an ordinance making pot possession the lowest law enforcement priority. Colorado is ready, said Mason Tvert, the head of Safer Alternative For Enjoyable Recreation, which was behind the Denver ordinance a few years ago. Tvert`s SAFER and Sensible Colorado said Wednesday they would work together to let voters decide whether to make marijuana legal for adults 21 years and older and regulate the drug like alcohol. Chicago Tribune Birkett Appointed to Appellate Court DuPage state s attorney will join bench in December DuPage County State s Attorney Joseph Birkett said Wednesday that he has accepted a spot on the 2nd District Appellate Court bench ,0, story Detroit Free Press Op-Ed: Granholm Should Commute Prison Sentences of Battered Women Michigan Gov. Jennifer Granholm can leave a powerful legacy of human rights when she leaves office if she has the courage to commute the sentences of battered women prisoners who acted to save their own lives but did not receive fair trials based on the facts of their cases. The Michigan Women s Justice & Clemency Project represents dozens of incarcerated women who have served long sentences, many serving life, for defending their lives. The 2

3 cases are carefully selected and investigated, and represent women who received neither equal protection by law enforcement nor effective trials that considered their abuse. Michigan law is seriously outdated and inadequate to address survivors of domestic violence who act in their own defense. -should-commute-prison-sentences-of-battered-women- The Star-Ledger (Newark) N.J. Law Enforcement Increases Use of Digital Evidence to Combat Crime Cell phones, text messages and Facebook posts that make it so easy to stay connected have become fertile ground for investigators when a crime occurs. A cell phone s texts, s, internet browsing history and photographs, and messages on Twitter, MySpace and other social media sites are all available to law enforcement looking for evidence to bolster a case. As instant communication becomes more intertwined in daily life, the devices delivering these messages become more critical for police and prosecutors. The Daily Herald (Provo) Utah Supreme Court Keeps Ogden Gang Injunction The Utah Supreme Court has refused to suspend an injunction designed to curtail the activities of an Ogden street gang. The Salt Lake Tribune reports Tuesday s decision came after the high court heard arguments on Oct. 25 from attorneys for the Ogden Trece gang, also known as the Centro City Locos. The gang s lawyers contend the injunction should be suspended until courts have a chance to better review it. They argued that the first injunction of its kind in Utah is overly broad and violates civil rights. The injunction, issued Sept. 27 by 2nd District Judge Ernie Jones, limits Ogden Trece members ability to associate with one another and imposes a curfew on them. Weber County Attorney Dee Smith alleged that the gang is a public nuisance and is responsibile for violent crimes. The court s ruling was merely a skirmish in what could prove to be a long court battle over the injunction, he added. 8d34-a6cbcb817ecc.html The Washington Post Hate-Crimes Enforcement on Rise, Reflecting Administration Priorities 3

4 Federal authorities are stepping up enforcement against hate crimes, filing charges in a racially motivated cross-burning and announcing the sentencing this week of a Massachusetts man for burning a predominantly African American church the morning after President Obama s election. The FBI was given an additional $8 million by Congress last year for civil rights enforcement, and Deitle said much of that money went to investigating hate crimes. We ve increased our presence and resources in that area, she said. The Justice Department is holding training sessions for agents and prosecutors across the country to enforce the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. The 2009 law, for the first time, extends federal protection to victims of hate violence on the basis of sex, sexual orientation, gender identity or disability. Conferences Government Civil Practice November 7-11 Scottsdale, Arizona Prosecuting Sexual Assaults & Related Violent Crimes November San Francisco, California Trial Advocacy I November NAC, Columbia, South Carolina - ta1 NDAA Fall Board & Committee Meetings November 18-20, 2010 Scottsdale, Arizona The Executive Program A Course for Prosecution Leadership December 4-8, 2010 San Francisco, California Forensic Evidence December 5-9, 2010, San Antonio, Texas

5 Cross-Examination December 6-9, 2010, NAC, Columbia, SC Deadline: October 8, 2010 Courtroom Technology December 13-16, 2010, NAC, Columbia, SC Deadline: October 15, 2010 Summary Registration Prosecutor Bootcamp February 7-11, 2011, NAC, Columbia, SC Deadline: December 3, 2010 Trial Advocacy I February 28-March 4, 2011, NAC, Columbia, SC Deadline: January 3, 2011 Cross-Examination March 14-17, 2011, NAC, Columbia, SC Deadline: January 14, 2011 Prosecutor Bootcamp March 21-25, 2011, NAC, Columbia, SC Deadline: January 21, 2011 Trial Advocacy I April 11-15, 2011, NAC, Columbia, SC Deadline: February 11, 2011 Unsafe Havens II Prosecuting On-Line Crimes Against Children April 18-21, NAC, Columbia, SC Deadline: February 18, 2011 NDAA Summer Board and Committee Meetings July 15-17, 2011, Sun Valley, Idaho NDAA Summer Conference July 17-20, 2011, Sun Valley, Idaho Member Benefits New NDAA membership benefits available: Need Case Assistance? NDAA can help. Send a message to NDAA s prosecutor assistance address and we will get your request to one of our program specialists or out to prosecutors around the country. jean.hemphill@ndaa.org 5

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