Appelman

Inmate Died After Flu-Like Symptoms in Duluth, Family Cries Neglect

Friday, 30. December 2011

An inmate in the St. Louis County Jail died on Tuesday in a Duluth hospital after exhibiting flu-like symptoms–his family now says he was denied proper health consideration.

42-year-old Daniel Schlienz was charged with the Cook County courthouse shooting on December 15 after his conviction for criminal sexual conduct.  Schlienz shot a witness and the prosecutor before being taken into custody. According to his family, when they visited him in jail on Saturday, he appeared very ill, “He looked pretty haggard.”

A friend who visited Schlienz on Sunday gave a similar report, “He definitely had some pretty serious issues going on.” According to jail records, Schlienz told the jail staff on Monday that he wasn’t feeling well. His visitors say, however, that he asked for an extra blanket and cough medicine, but that they were never given to him.

The inmate was admitted to St. Mary’s Health Center on Monday evening, then quickly deteriorated. Hospital staff say that by early Tuesday morning, “He was basically on life support.”

Despite the family’s claim that the jail failed to address Schlienz’s illness appropriately, Sheriff Ross Litman said he believed all jail staff to have acted “appropriately and diligently…We spent the majority of this week going over all the information that’s known to us to see if we could or would have done anything differently,” and concluded that “I  believe we did our job.”

The sheriff’s office will receive the official autopsy in a couple weeks. Until then, Schlienz’s death has been ruled undeterminable. In situations of jailhouse neglect, it is crucial that an inmate contact his defense attorney. An experienced criminal defense attorney can help alleviate such issues of communication.

New ALF Associate Finds Victory and Supports Charity at 2011 Tzedakah Bowl Outreach Event

Wednesday, 28. December 2011

              This Christmas, the Minneapolis Jewish Federation held its 14th annual Young Leadership Tzedakah Bowl at the H.H. Metrodome in downtown Minneapolis. The Tzedakah Bowl is an outreach event which hosts a football tournament and family games and activities. Appelman Law Firm has been a perpetual sponsor and supporter of the event and this year, our newest associate Adam Goldfine helped propel his team to victory.

This year’s Tzedakah Bowl included football, and obstacle course, face painting, balloon animals, craft projects, and a visit from the Minnesota Vikings Cheerleaders. The Hebrew word tzedakah means charity, and charity is the focus of the event. The Bowl was planned, staffed, and supported by volunteers including the Appelman Law Firm.

Follow Minneapolis Jewish Federation on Twitter @jewishmpls

Follow Appelman Law Firm on Twitter @appelmanlawfirm

Meet Adam Goldfine

 

Education:          William Mitchell College of Law, University of Kansas

Adam is the newest criminal defense associate at Appelman Law Firm and a Minnesota native. He is passionate about criminal defense and brings a fresh perspective to the firm.

Follow Adam on Twitter @AdamGoldfine

 

 

MN Maximum Security Hospital Fined For Abuse Charges

Monday, 26. December 2011

The Minnesota Security Hospital in St. Peter was fined $2,200 by the state on Thursday in response to accounts of prolonged abuse of mentally ill patients.

The fine is the largest amount allowed by the state and was motivated by the reports of extensive abuse that have recently come to light. The hospital’s operational license has also been demoted to a two-year conditional status.

In 2010, reports surfaced that patients were isolated for prolonged periods of time and had their faces wrapped in mesh. These reports led to a more widespread investigation, which uncovered many more stories of abuse. These stories include those of the two men named in the latest proceedings.

The two were repeatedly abused and one of the men had his mattress taken away and was forced to sleep on a concrete slab for nearly one month.

The Minnesota Security Hospital has had its share of controversy. In  2006, nine staff members faced discipline following the escape of 4 sexually dangerous men. The hospital is a maximum security facility located in southern Minnesota. It houses 220 of the state’s most dangerous mentally ill patients.

According to Lucinda Jesson, the Department of Human Services Coordinator, all of the staff members continue to work in the hospital.

Related Sources:

Star Tribune

Mankato Free Press

Former NHL Player Mike ‘Mad Mike’ Milbury May Be Charged With Assaulting a Child

Monday, 19. December 2011

 

Police in Brookline, Massachusetts have announced that they have video evidence which documents former Bruins player Mike Milbury attacking a 12-year-old boy during a peewee hockey game.

Milbury, who now works as a hockey color analyst for NBC Sports Group, denies any allegations of assault. He claims he intervened when his son and an opposing player began to fight on the ice. Milbury said, “I want to be clear about a couple of things. No one was punched, kicked, or assaulted in any way. I know the ‘Mad Mike’ image that I have and all that. I love the game, I’m passionate about it, but I don’t smack kids around. I grabbed the other kid by the sweater to stop a fight and, yeah, I swore at him. That’s it. That’s what I did.”

Milbury says that he only stepped in after watching the 12-year-old repeatedly bully and berate his son. “It was the third time that night that Jake and the kid got into it, and that was the last straw for Jake. I mean, what kid can take that?”

According to the unidentified player’s mother, Milbury “committed a crime and “needs to be reprimanded… You can’t put your hands on a child.” NBC Sports Group has announced that pending investigation, Milbury will be taken off the air.

Following the incident, law enforcement officials were urging anyone in attendance to turn over any video or photos they may have. Now, they say they have evidence, but it won’t be made public until it’s shown in court. According to the Brookline Recreation Director, no crime was committed: “There were two kids who were going at it on the ice and Mike came out and said, ‘Hey guys, break it up. Let’s make it a peaceful game. ‘ There was nothing inappropriate.”

Charges have not been filed, but Milbury could be charged with assaulting a child. Assault is a serious offense with serious consequences. If you are facing assault charges, contact and experienced criminal defense attorney right away.

Related Sources:

Boston Herald

Boston Globe

bleacherreport.com

Boston State Trooper Busted With Prostitute, Tries to Flee

Friday, 16. December 2011


A veteran Boston state trooper who worked the police gang unit was stripped of his badge after he was caught soliciting a prostitute off-duty, and then fleeing police. 50 year-old Efrain Montanez was seen picking up 23 year-old Katelyn Pumphret, a suspected prostitute,  in his unmarked, department issued pickup truck on Thursday.

Officers then reported observing Montanez and Pumphret having sex in the truck and say that, when they displayed their badges, Montanez took off, almost hit an officer,  and pushed the woman out of the car.

Upon stopping, Montanez was arrested and charged with unnatural acts, assault with a dangerous weapon,  failure to stop, and stop sign violation.  Pumphret was reportedly charged with unnatural acts and being a common streetwalker.

According to Boston police spokesman Dave Procopio, Montanez’s actions are an embarrassment to the department and the  ”overwhelming majority of troopers who wear the badge with integrity and honor.” The Internal Affairs Bureau has announced that it will be launching its own investigation.

Soliciting or practicing prostitution in Minnesota is a serious, punishable offense. If you are arrested or under investigation, call an experienced MN prostitution attorney right away.

Related Sources:

The Boston Channel

The Boston Globe

WHDH News

Two Former Basketball Players Accuse AAU President of Sexual Abuse

Monday, 12. December 2011

Former AAU CEO and President Robert Dodd is now being investigated by Memphis police after two former basketball players told ESPN that Dodd had sexually abused them in the 1980s.

43-year-old Ralph West told ESPN that Dodd sexually assaulted him multiple times between 1983 and 1985. Another unidentified man alleged that Dodd had sexually abused him over a four year period.

Both men told the Amateur Athletic Union (AAU) their stories in November after stories of the Penn State and Syracuse sex scandals hit the news. The two men, like many victims in the NCAA sex scandal, say that the recent media attention inspired them to share their own stories.

However, it is uncertain whether this investigation could amount to any legal consequences as a considerable amount of time has passed and the Tennessee statute of limitations has expired. Regardless, law enforcement is currently investigating the accusations and the AAU just announced that they are launching their own independent investigation. According to Memphis police director Toney Armstrong, “Although this case has its challenges due to the amount of time that has passed, it will be thoroughly examined. And if the investigation reveals the law was violated, the person responsible will be held accountable.”

Robert Dodd was currently serving on the AAU board, but the organization has since removed him and seized his work computer. Stay tuned for continued coverage of the NCAA Sex Scandal and the litany of similar stories which emerge in its wake.

Related Sources:

USA Today

Star Tribune

 

New Act Violates Sixth Amendment for Many

Friday, 9. December 2011

In a new act passed by the Senate, matters of domestic terror are now under the discipline of the U.S. military. The National Defense Authorization Act stipulates that anyone—American citizen or not—suspected of terrorist activity can be held in indefinite detention.

This new act seems to nullify the 6th Amendment—the one that guarantees the right to a speedy and public trial by an impartial jury. Under the National Defense Authorization Act, those suspected of terrorism can be hold for an indefinite amount of time without ever being afforded a trial.

Many cry out that this act is wholly unconstitutional and sets a terrifying precedent for the rights of American citizens.

President Obama has already urged lawmakers to make changes to the bill and has threatened a veto if significant changes are not made. The White house issued a statement saying that it could not accept legislation that “challenges or constrains the president’s authorities to collect intelligence, incapacitate dangerous terrorists and protect the nation.” The Obama administration stresses a need for flexibility in combating terrorism, while the Republican seats counter that such measures are necessary for post-9/11 America.

One thing’s for sure… If you’re suspected of terrorist activity, you need a good criminal defense attorney ASAP.

 

NCAA Sex Scandal: Sandusky Rejected After Background Check

Wednesday, 7. December 2011

Wednesday, officials at Juniata College announced that in May 2010, Jerry Sandusky was rejected for a volunteer coaching job he applied for–over a year after the initial sexual abuse investigation had begun.
The application was denied after the college conducted a background check. The report uncovered that Sandusky was being investigated following his time volunteering at a Pennsylvania high school.
Sandusky failed to mention the investigation on his application. The spokesperson for Juniata College said that the background check informed the coaches that Sandusky was not allowed to have any contact with the program.

 

Juniata College–a small private liberal arts college in central Pennsylvania–barred Sandusky from any contact with the team or coaches after receiving the results of the background check. Despite being forbidden to have ay contact, Sandusky reportedly attended a number of football games at Juniata, even sitting in the press box.

 

Yet another Sandusky victim came forward and filed a report with law enforcement on Tuesday. This victim alleges that he was subjected to an incident of “deviant sexual conduct” by Sandusky in one of the Penn State football facilities. According to the victim’s lawyer, the boy, who was about 12 years old at the time, was a Second Mile participant and still grieving from the death of his mother.
Stay tuned as we continue to report on the NCAA Sex Scandal, providing legal analysis and ongoing coverage. 

Related Sources:
Bleacher Report
USA Today

NCAA Scandal: Sandusky Gives Interview, Doesn’t Offer Much Clarity

Monday, 5. December 2011

This Sunday, former Penn State assistant football coach Jerry Sandusky sat down for an interview with a NY Times reporter to discuss everything from his life growing up to the allegations of sexual abuse. Victims are outraged after hearing his statements, while others are puzzled as to why he gave another interview. During the nearly 4-hour conversation in the presence of his defense attorney, Sandusky is bumbling, nervous, and at times seemingly incoherent. He makes a number of potentially damning admissions while simultaneously maintaining his innocence. We have provided some excerpts from that interview.

On his experience with the Second Mile:

“I had a great experience with people. I had kid after kid after kid who might say I was a father figure like Shane or something like that and they just twisted that all. And you know, some things could be plausible that they came up with, but they haven’t been fair and I guess it’s created a whole monster.”

On physical activity with children:

“I don’t, I wasn’t, I mean, I was just me. I don’t know. You know, like I said, I grew up in a recreation center that was constant activity. I worked on a playground. I loved active kids. I couldn’t stand to have kids sitting around doing nothing. I wanted them playing ball. I wanted them doing this… When I was growing up we went to the swimming pool. The swimming pool would go like ‘swwshhh” when my friends and I would go in the pool… I wasn’t being anything else other than, you know, like, uh, when I worked on a playground that’s what I wanted, that’s what I did. I had other jobs, you know but they didn’t interrelate. I love just fooling, you know, I got kids involved throwing water balloons, you know like, that, you know, like at picnics I had water balloon tosses. I would do those kinds of things.”

On the first allegations: (Referring to the initial confrontation by the victim’s mother)

“This is how she started: You showered with him, did you shower with him, have you showered with other kids… yes. Nothing, nothing happened. I said to her, I said, can we get your son and, and, and maybe just talk. ‘Oh, no, no not gonna do that. Not gonna do that.’ I said well, now I feel bad for that perception. You know, that he had something that bothered him like that. I’m sure I said I’m sorry. I don’t, with all my heart; I don’t believe I said anything about killing myself or anything like that… That’s been reported, I know that’s been reported, I can’t believe I said that. I would be 95%, 99% sure, I don’t know why I would have said that.”

When asked about his thoughts on the litany of victims who have come forward, Sandusky likened the situations to commonplace issues experiences within a family setting:

“Those kinds of things, there are instances where you get wrapped up and you have pride and you want to see certain things. You want to see someone responding, someone who is sensitive, in particular cases it was asking him to do something for somebody else, for others. And if you’re tired, maybe you its came for football camp for three weeks or something, you know, you might, you might even say things that could be hurtful, to them too. So, those kind of things happen. You know, they happen in families. Things happen in families, the only thing that, that is probably more different… You’re not there on a regular basis to recover. To uh, to, and, and, and kids might not understand that. They might not have a clue about unconditional love. They might not have a clue about, you’re gonna have conflicts, you’re gonna have ups and downs, but you know, if, if, if it means enough to you, you get through it.”

In conclusion, when asked about his life today, Sandusky had this to say:

“I miss, you know, I miss coaching, I miss Second Mile, I miss Second Mile kids, I miss having relationships with all kinds of people, I miss my own grandkids, I miss… I don’t miss my dog. The one that that can never be taken away is the memories. You know, fighting, aligning with great people, having enjoyment… People: seeing them committed, caring, having the courage. Those football players, you know, upset somebody that they shouldn’t have between able to beat or one of the second mile kids overcame huge obstacles and succeeded, and they can never take away all those memories and family did what we asked and how nobody was ever perfect but whether it was play on the field , but, you know, you just cling to those memories.”

Stay tuned as we continue our coverage and legal analysis of the NCAA Sex Scandal, Penn State, and Syracuse University.

Related Sources:

NY Times

ABC News

CBS News

 

 

The NCAA Sex Scandal: New Victim Files Lawsuit Against Sandusky, Penn State, The Second Mile

Friday, 2. December 2011

Yet another Sandusky victim has come forward with accusations of sexual abuse–and this one is bringing a lawsuit. The 29-year-old alleged victim, referred to as John Doe, is seeking reparations from Penn State, Jerry Sandusky, and Sandusky’s charity The Second Mile.

The man is  not one of the eight victims mentioned in the grand jury presentment, but he was motivated to action after hearing Sandusky deny the allegations on television, saying “I am taking this action because I don’t want other kids to be hurt.” The plaintiff’s allegations are similar to those of the other eight victims. Although he does not specify details of the sexual encounters, the lawyers call them “severe.”

John Doe filed a complaint with law enforcement on Tuesday and on Wednesday, he filed the lawsuit. The report cites “an atmosphere of negligence” on the part of both Penn State and The Second Mile. According to one of the attorneys representing the lawsuit, “Two institutions that were tightly bound together, the Second Mile and Penn State, and the football program in particular, let Sandusky continue with his behavior.” In the complaint against Sandusky, the report says that when the victim suggested he might report him, Sandusky made threats against his family.

In response to this development, the new Penn State President Rod Erickson said that the institution’s ethics would be elevated “to a new level so that everyone at the university understands not just the legal thing to do, but the moral thing to do, so that we learn to do the right thing the first time, every time.”

John Doe is seeking a minimum of $400,000 in reparations for sexual abuse, negligence, and emotional distress. Two other unnamed victims have stepped forward since charges were filed against Sandusky.

Stay tuned as we continue our coverage of both the Penn State and Syracuse sexual abuse allegations in our comprehensive series, The NCAA Sex Scandal.

 

Related Sources:

NY Times

The Huffington Post

 


 

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