Category Archives: Domestic Abuse

Domestic Assault

Ramsey County Domestic Violence Sweep Huge Success

Ramsey County police took part in the 12th annual domestic violence crackdown on Wednesday, and officers say the sweep was a huge success.

Armed with 128 arrest warrants, 52 of Ramsey’s finest hit the streets before the sun came up to serve warrants to those in the area wanted on domestic violence charges. One of the first to be arrested was Kong Meng Yang, who jumped from a second story window and fled down an alley when cops came knocking at his door at 7 a.m. He was eventually apprehended with the assistance of a police K9.

Yang was one of 23 arrests made during the annual sweep, nearly double the arrests from last year when 92 warrants were served and 12 were arrested.

Sgt. Jesse Mollner said even though only about 20 percent of the suspects were apprehended, police made numerous contacts with friends and family members of suspects. They hope family members can get in contact with the individual and convince them to surrender. Mollner also said it helps the victims know they don’t take these cases lightly.

“The number of contacts we made today is actually just as important as taking people to jail,” Mollner said. “The families we talked to, the friends, the associates … they get the word out that the police are out in full force, that we’re taking care of victims and taking these crimes seriously.”

Part of Larger Sweep

The 12th annual domestic violence sweep was held in conjunction with the National Family Violence Apprehension Detail, an annual event aimed at bringing awareness to domestic violence and getting perpetrators off the streets. Hundreds of law enforcement agencies across the country participated in localized domestic violence sweeps.

Mollner added that the effects of the sweep are usually felt for weeks.

“We expect a flood of phone calls,” he said. “We usually end up taking twice as many people in during the weeks that follow the sweep than we do during the sweep itself,” he said.

The Ramsey County sherriff’s office, St. Paul police, Roseville police, the Dakota County sherriff’s officer, the U.S. Marshals Service and Immigation and Customs Enforcement all assisted in the area-wide sweep.

Avery Appelman Comments

These sweeps are great. Not only to they get suspects off the street, but in the long run, they also help both the victims and the suspects. If a suspect goes into hiding for a few months, the victim is left without resolution, and sometimes they continue to live in fear of their attacker.

That said, as a defense attorney, these sweeps are also beneficial for suspects. Like an unpaid credit card bill, ignoring the problem doesn’t make it go away; In fact, it usually only makes it worse. Same goes with a legal case. If you have an active warrant, it’s not just going to go away on its own. Facing the consequences and moving on with your life is much preferred to hiding and always living in fear that today is the day you’ll be arrested. The longer you wait, the more the problem will snowball. Take responsibility, move forward with your life, and everyone will be better off. If you want to talk to an attorney before making any decisions, don’t hesitate to call us.

Related source: Pioneer Press

Adrian Peterson Child Abuse

Adrian Peterson Trial Set to Begin December 1

Adrian Peterson is tentatively set to appear in court on December 1 to defend himself against allegations of felony child abuse.

Peterson and his attorney Rusty Hardin did not enter a plea Wednesday, but a statement issued through the attorney said they plan to see the case through to the end.

“Adrian is going to trial – he is not looking for a deal,” Hardin said through a spokesman.

Peterson hasn’t played for the Vikings since the charges were made public, and the team is content to wait until the off-field drama plays out before deciding when to reinstate the star running back. The defense has asked for an expedited trial in an effort to salvage some of the remaining NFL season, so it’s possible that the trial could begin in November if other cases are removed from the docket.

Hardin said he’s looking forward to resolving the matter.

“Look, this is a really good man that I am incredibly proud to represent,” Hardin said of Peterson. “I would ask all of you to be please be tolerant to the fact that Adrian is chomping at the bit to publicly talk and to publicly defend himself, and the only reason he hasn’t is us insisting and jumping up and down and saying, ‘The solution is for you to get a speedy trial and resolve all this in a courtroom.'”

As we mentioned in a previous post, Peterson was initially charged with felony child abuse after pictures and text messages revealed that he struck his son with a small stick as a form of punishment. The child had visible marks on his legs, and although Peterson said he didn’t mean to hurt the child, the incident has left many debating appropriate parenting techniques and the court’s role in the matter.

“This is a case about parenting decisions and whether something unfortunate happened when a parenting decision was made by a man who believes strongly and loves his children very much,” said Hardin.

If convicted, Peterson could be sentenced to up to two years in state prison. A more likely punishment is some form of probation, and he may face additional penalties under the NFL’s new personal conduct policy.

Related source: AP, ESPN

Beer Theft

Beer Can Ties Burglar to Crime

A St. Paul man is wanted on a charge of second-degree burglary after DNA evidence left behind on a celebratory beer tied him to the home invasion.

Police are asking for the public’s help in tracking down James Autero Leavell, 41, who is the prime suspect in a Burnsville break-in.

According to the police report, a couple reported that their house had been broken into one afternoon while they were at work. The thief cut through a screen window and made off with an iPod, a video game system, a camera and a television. He might have gotten away with it too, if he hadn’t decided to celebrate his thievery with a cold beer from the fridge.

The couple phoned police after returning to the scene of the crime. While they were detailing the damage, they informed officers that neither of them were responsible for the empty beer can found at the scene. Officers bagged the evidence and sent it off for DNA testing. A short while later, the DNA sample returned with a positive match for Leavell, a St. Paul man with a rather extensive criminal history.

Leavell has prior convictions for felony burglary, aggravated robbery, theft, check forgery and domestic assault. He was recently released from prison after spending two years in jail stemming from the domestic violence incident.

Needless to say, the only reason Leavell’s trail is hot is because he decided to stick around and down a cold one. With critical thinking skills like that, don’t expect Leavell to be on the run for long. If you have any information about the suspect, contact the St. Paul Police Tip Line at 651-291-1111.

Related source:

Jonathan Dwyer

Cardinals RB Dwyer Booked For Aggravated Assault

The dark cloud hanging over the NFL two weeks into the season grew more ominous on Wednesday after Arizona Cardinals running back Jonathan Dwyer was arrested on charges of aggravated assault.

The incidents in question occurred back in July, so it’s either a smart move by the prosecutor to finally move forward with a case during one of the most tumultuous weeks in NFL history, or the league is simply on the wrong end of an unfortunate coincidence. Things don’t often happen by chance in the legal world.

According to the police report, neighbors called police after hearing a loud argument between Dwyer and his girlfriend. Police arrived on scene but left without making an arrest because Dwyer allegedly hid in the bathroom while his wife told police she was arguing with someone on the phone. A second incident supposedly took place the following day. Dwyer’s girlfriend said the running back threw a shoe towards his son and broke her cellphone so she could not call the police. The woman moved out of the state shortly thereafter, but came forward with the allegations last week, saying Dwyer, “was going to harm himself because of what had been going on.”

who throws a shoe gif
“Who throws a shoe? Honestly!”

Slew of Charges

Dwyer faces many charges for his actions, including:

• One count of aggravated assault causing fracture.

• One count of aggravated assault involving a minor.

• Two counts of criminal damage.

• One count of preventing the use of a phone in an emergency.

• One count of simple assault.

Dwyer was freed on $25,000 cash bond early this morning and ordered to wear an electronic tracking device. He has been forbidden from contacting the victims, from traveling out of the state of Arizona, and from using alcohol, drugs or possessing a weapon.

Dwyer admitted to police that arguments occurred during the two days in question, but he denies physically assaulting either his girlfriend or child.

NFL Future in Doubt

Dwyer was immediately deactivated from the team after the Cardinals were made aware of the incident, which they say they only learned about yesterday.

“Given the serious nature of the allegations we have taken the immediate step to deactivate Jonathan from all team activities,” the Cardinals announced in a statement. “We will continue to closely monitor this as it develops and evaluate additional information as it becomes available.”

The NFL also announced it would review the arrest under the league’s revamped personal conduct policy.

Related source: ESPN

Adrian Peterson Child Abuse

Adrian Peterson Reinstated After Child Abuse Charges

Vikings running back Adrian Peterson is expected to be back on the field Sunday when Minnesota takes on New Orleans after being reinstated by the team. Peterson was held out of this week’s game after he was indicted by a grand jury in Texas on charges of reckless or negligent injury to a child.

The decision to reinstate Peterson is making waves among the talking heads at ESPN and other sports media outlets, and the Vikings owners made it clear that they understand the severity of the charges but they also want to let due process run its course.

“Today’s decision was made after significant thought, discussion and consideration. As evidenced by our decision to deactivate Adrian from yesterday’s game, this is clearly a very important issue,” owners Zygi Wilf and Mark Wilf said in a statement. “To be clear, we take very seriously any matter that involves the welfare of a child. At this time, however, we believe this is a matter of due process and we should allow the legal system to proceed so we can come to the most effective conclusions and then determine the appropriate course of action.”

Child Abuse Charges

The public first learned of the child abuse charges Friday afternoon, and the Vikings quickly made the decision to deactivate Peterson for the Sunday’s home opener. According to a statement from his attorney Rusty Hardin, the charges stem from an incident where Peterson used “a switch to spank his son.” For those of you unfamiliar with the term, a switch is basically a small twig or tree branch.

“Parents are entitled to discipline their children as they see fit, except when that discipline exceeds what the community would say is reasonable,” Hardin said about the incident. According to the grand jury, Peterson’s actions exceeded a reasonable standard.

Peterson will make his first appearance on Wednesday, where he is expected to enter a plea. Peterson will appear in court over the next several weeks, but many involved in the case believe it will be a few months before the case goes to trial.

Child Abuse Penalties

Peterson was officially charged with one count of injury to a child and could be sentenced to up to two years in jail and a fine of up to $10,000. He could also be placed on probation and be forced to attend counseling.

In addition to penalties levied by the state of Texas, Peterson could face additional discipline from the NFL. The league recently announced a new domestic violence policy that includes any physical harm, so it’s certainly possible that Peterson would be subject to penalties. Under the new policy, a first time offender would receive a six game suspension and a second violation would result in a lifetime ban.

Related source: ESPN

Ray Rice Elevator

Ray Rice Cut By Ravens, Suspended by NFL For Domestic Violence

The NFL and the Baltimore Ravens took action against Ray Rice after new video evidence emerged showing the runningback punching his now-wife in a casino elevator.

The video, which can be seen below, shows Rice and his fiancé Janay Parker embroiled in an argument in a casino elevator. Parker moves towards Rice, and he throws a hard punch with his left hand. Parker strikes her head on the handrail as she falls, and she remains unconscious for a few minutes.

 

 

Rice was originally charged with felony assault, but Parker refused to testify and the charges were later dropped on the condition Rice seek court-supervised counseling. NFL Commissioner Roger Goodell suspended Rice for two games for the incident, which led to stark criticism from public. Feeling that he made a mistake in only suspending Rice for two games, Goodell created new suspension guidelines for anyone found guilty of domestic or physical assault. Still, the general public felt that both the NFL and the Ravens, who didn’t administer any further punishment, had dropped the ball in regards to Rice’s situation.

That is until yesterday, when “new” video surfaced that showed the punch in its entirety. Sensing that they could salvage their public image, the Ravens released Rice and Goodell suspended him “indefinitely.”

“It changed the course of things,” Ravens coach Jim Harbaugh said of the video.

Cut the Crap

While some will argue that in the end, the team and the league made the right move to cut and suspend Rice, as attorneys, we don’t just look at the end result; we examine the whole process.

The biggest issue I have is that it’s impossible for me to believe that the NFL and the Ravens did not know this video existed prior to yesterday. For starters, the incident happened in a casino elevator. Everyone knows that there are cameras everywhere in a casino. Why would the elevator be any different? At the absolute least, the NFL should have inquired about the existence of a video recording inside the elevator. The casino surely knew they had video, so why did it take six months for the video to surface?

TMZ was the first to release the video to the public, and they took a strong stance against the NFL’s claims that they had no idea the video existed. TMZ’s Harvey Levin said the NFL knew of the video, and he claims to have proof of their knowledge.

“Prosecutors had this, police had it, I know people had this video, too,” Levin said. “The NFL, it almost feels like they didn’t want to know.”

It will be interesting to see how the situation unfolds if TMZ can back up their claims. At this point though, I must agree with Keith Olbermann, who blasted those who turned a blind eye to this domestic violence, including the league, the NFL, and the county prosecutors.

 

 

Related source: NY Times

Roger Goodell

NFL Implements New Domestic Violence Protocol

The National Football League has decided to implement stronger penalties for domestic violence offenders in the wake of public outcry over the two-game suspension handed down to Baltimore Ravens running back Ray Rice.

In a memo to all 32 teams, commissioner Roger Goodell stated that he “didn’t get it right” in reference to the decision to suspend Ray Rice for a mere two games. Anyone who saw the video of Rice dragging his wife’s unconscious body out of the casino elevator probably feels the same way.

“At times…despite our best efforts, we fall short of our goals,” Goodell wrote in the memo. “We clearly did so in response to a recent incident of domestic violence. … My disciplinary decision led the public to question our sincerity, our commitment, and whether we understood the toll that domestic violence inflicts on so many families. I take responsibility both for the decision and for ensuring that our actions in the future properly reflect our values.”

New Policy

The new personal conduct policy on domestic violence reads as follows:

  • The policy applies to all incidents of physical force, not just domestic violence.
  • A player would be subject to a six-game suspension for a first offense, and that suspension could be longer according to the circumstances.
  • A player would receive a lifetime ban for a second incident, although they could apply for reinstatement after one year.
  • The policy applies to all NFL personnel, not just players.
  • The policy is not retroactive. Everyone comes in with a clean slate.
  • Counseling is available for all parties, and the NFL will seek out “at-risk” individuals to offer pre-incident counseling. The player can refuse, but his refusal could affect future discipline.

The league also made it clear that the policy only applies after a court decision, not simply by arrest. Should a player be found guilty or enter a plea agreement, the NFL would make a decision as to whether or not the person violated the new policy.

Roger Goodell also noted that although individuals will enter the NFL with a proverbial “clean slate,” if they had a previous incident in high school or college, they could be subjected to harsher first-offense penalties should they have another incident. He said he wants this to be a top-down change in behavior.

“We will expand the educational components in our college, high school and youth football programs that address domestic violence and sexual assault,” Goodell concluded.

Related source: ESPN

Kluwe and Cunningham

Two Former Minnesota Athletes Earn Lawsuit Victories

Two former Minnesota athletes – one a Viking, the other a Timberwolf – got some good news regarding their lawsuits on Monday. One saw assault charges dismissed, while the other won a generous ruling. We’ll explain both cases below.

Cunningham Gets Assault Charges Dropped

Former Minnesota Timberwolves forward Dante Cunningham had been charged with felony domestic assault, but Hennepin County prosecutors dropped the charges on Monday, noting there was “not proof beyond a reasonable doubt for the charged offense.”

Cunningham had been accused of choking his girlfriend in their Medina home back in April. Police took statements from the involved parties and felt their was enough evidence to book Cunningham on felony domestic assault charges, but a later investigation revealed holes in the prosecution’s case.

Cunningham’s attorney said the free agent forward was “very grateful” when he was informed of the news over the phone on Monday.

“He’s has this cloud hanging over his head,” said his attorney Emanuel Serstock. “He’s going to get back to his agent and start working with his future.”

Cunningham played his last two seasons in Minnesota, but he became a free agent this offseason and has yet to find a new team.

Kluwe Settles Case

The Minnesota Vikings and former punter Chris Kluwe came to an agreement on Monday that ended a seven-month ordeal surrounding homophobic remarks and claims of wrongful termination.

Kluwe, an outspoken advocate for same-sex rights, penned an article on Deadspin.com back in January claiming that he was released from the team because of his outspoken views on the matter. He also accused special teams coach Mike Priefer of making homophobic remarks during the season prior to his release.

Investigators looked into the matter and produced a 150-page report, but the Vikings only shared a 29-page summary of the report. Kluwe demanded they release the whole findings or he would sue. Prior to filing a lawsuit, the two sides met and reached an agreement that resolves the matter in lieu of going to court. According to reports:

  • The Vikings will make undisclosed donations to five LGBT groups over the next five years.
  • The 150-page investigation will not be released.
  • Kluwe will not receive any monetary compensation.
  • Priefer was suspended for three games, but this occurred prior to the two sides striking a compromise.

“I hope we can all move on to our lives now and enjoy playing football,” Kluwe told reporters after reaching the deal. “The agreement is fine.”

Related source: Pioneer Press

Minnesota Supreme Court

Minnesota Supreme Court Rejects DWI Necessity Defense

A while back, we wrote about the case of Jennifer Axelberg, the Minnesota woman who was arrested for driving under the influence while attempting to flee from her abusive husband. Axelberg later pleaded guilty to a lessor charge of careless driving , but she appealed the loss of her driver’s license under the Necessity Defense. In order to prove the Necessity Defense, a defendant must prove three things:

  • The defendant acted in such a manner to avoid a significant risk of harm; and
  • No reasonable lawful means could have been used to escape the harm; and
  • The harm avoided was greater than that caused by breaking the law.

Unfortunately for Axelberg, the appellate court rejected her appeal in a 2-1 decision. In the majority opinion, the judge wrote that Axelberg created a substantial risk to the general public by choosing to drive drunk.

Taking it to the Minnesota Supreme Court

Jennifer didn’t stop there, though. Knowing that the appellate court was divided on their ruling, Axelberg decided to appeal her case to the Minnesota Supreme Court, saying that she was “fighting for others who might get into this situation.” But for Axelberg, it was deja vu all over again, as a sharply divided group of justices ruled against her appeal in a 4-3 decision.

Justices on both sides issued strong opinions and spoke about the harmful precedence that would be set by the opposing opinion. Chief Justice Lorie Skjerven Gildea wrote in her 14-page majority opinion that Minnesota’s Implied Consent law doesn’t allow a person to use the Necessity Defense as an argument when it comes to challenging a license revocation.

Justice Alan Page, who disagreed with the majority opinion, said that the ruling is a slap in the face to individuals who have no other options when faced with physical or sexual assault.

“The decision implies that the necessity defense is unavailable not only in cases of domestic abuse, but also in cases in which a victim’s seeking refuge from a violent physical or sexual assault or kidnapping, and the court’s decision thus discourages those individuals from seeking shelter in a motor vehicle as well,” Page wrote.

Attorney Avery Appelman agreed with Justice Page.

“I think the majority opinion actually empathized with Jennifer, but they feared that applying the Necessity Defense would open up a theoretical ‘out’ for drunk drivers to claim they were fleeing an abuser,” said Appelman. “In actuality, Jennifer’s situation was so unique and the evidence against her abuser was so strong that very few future cases would meet the same circumstances. Jennifer should have had her license reinstated.”

Related source: Star-Tribune

Ray Rice Summoned To Court On Assault Charges

Baltimore Ravens running back Ray Rice has been summoned to appear before a judge after he was charged with assault during an incident at an Atlantic City casino.

According to the police report, Rice and his fiancée Janay Palmer got in a physical argument at the Revel Casino. Rice’s attorneys claim a “very minor physical altercation” occurred, but video obtained by TMZ shows that the situation was anything but minor.

You can see the TMZ video below. Some of the images may be disturbing.

 

 

The video shows Rice dragging an unconscious Palmer out of the casino elevator and laying her on the ground. He later tries to prop her up, at which point it appears she regains consciousness. The court summons alleges that Rice struck his fiancée with his hand, which rendered her unconscious.

Rice’s attorneys have admitted that the video is authentic, but they say it is taken out of context.

“The video that has been put up by TMZ shows the very end of what transpired between Ray and his fiancée,” said Rice’s attorney Michael Diamondstein.

Both Rice and Parker were arrested for simple assault for their role in the incident, so it appears police believe that both parties got physical at some point during the night. Although Parker’s role in the altercation is still being investigated, her attorneys have referred the domestic violence incident to the Atlantic County Prosecutor’s Office for further review.

Ray Rice

Rice will make his initial appearance on March 11.

Further Punishment?

As prosecutors noted, the case has already been referred to the Atlantic County Prosecutor’s Office for review, but Rice could also face additional penalties by the National Football League.

Players in the NFL are required to adhere to the league’s personal conduct policy, which was initially instituted to control off-field behavior and preserve the league’s public image. Six notable players have received game suspensions as a result of off field conduct, and as the list shows, a player doesn’t necessarily need to be charged with a crime to feel the wrath of Roger Goodell.

  • Adam “Pacman” Jones was suspended for the entire 2007 season, and eventually served another 6-game suspension for repeated arrests and his involvement in a shooting at a strip club in Las Vegas.
  • Chris Henry was suspended for the first eight games in 2007 after he was arrested for the fifth time in three different states.
  • Tank Johnson was suspended for the first eight games in 2007 after he pled guilty to an illegal weapons charge.
  • Donte Stallworth was suspended for the entire 2009 season after he killed a pedestrian while driving drunk. He accepted a plea agreement in lieu of taking the case to trial.
  • Michael Vick was suspended for two regular season games in 2009 after serving a 21-month sentence in prison for his role in an illegal dog-fighting ring.
  • Ben Roethlisberger was suspended for four games in 2010 after allegations of sexual assault arose for the second time in less than a year. Roethlisberger was never charged with a crime, but he still received a suspension.

The league will likely wait to see how the case plays out, but if the judge rules that Rice knocked his fiancée unconscious, don’t expect the commissioner to take the case lightly. Even if he avoids jail time, he may be forced to watch some Ravens games from the sideline.

Related source: TMZ, Forward Times Online