In the News
LA County Deputy Sheriffs Apparently Never Got the Memo
On June 24, 2023, two LA County Deputy Sheriffs arrested two persons in Lancaster, CA under confusing circumstances. The first arrest was of a man that the deputies told was being detained for investigation. He was arrested — but the deputies conducted no investigation from detention to arrest. The second arrest was of a woman…
Read MoreSouth Baltimore Brooklyn Day Block Party Nets Thirty Casualties
On July 2, 2023, two to 12 gunslingers shot 30 people, including 14 children, at a single holiday block party in Baltimore. No police officers were assigned to the event where 700 to 1000 people had gathered. But at the same time, many extra police officers were assigned to traditionally white areas of Baltimore festivity.…
Read MoreScot Peterson Acquitted of All Charges for Inaction at Marjory Stoneman Douglas High
Join Serge and Clarke in a discussion with our special guest Kemp Freund as we discuss the charges brought against School Resource Officer Scot Peterson for his inaction during the Marjory Stoneman Douglas High School massacre on February 14, 2018. On June 28, 2023 Peterson was found not guilty on all 11 counts brought against…
Read MoreA Fatal Stabbing on the J Train
A fatal stabbing on the J train is the subject of this week’s podcast. Five weeks after Daniel Perry fatally choked Jordan Neely on the New York subway system, 20-year-old Jordan Williams is charged with manslaughter and criminal possession of a weapon for the fatal stabbing of Devictor Ouedraogo. Serge and Clarke discuss the differences,…
Read MoreDavid Fischer on the defense of Thomas Caldwell charged with seditious conspiracy
The January 6th breach of the U.S. Capitol resulted in one of the most extensive criminal investigations spearheaded by the FBI in the history of the United States. In today’s episode, Serge and Clarke speak with attorney David Fischer, who represented the alleged mastermind of the breach: Thomas Caldwell. Caldwell’s acquittal of the most serious…
Read MoreDescending Into Lawlessness and the Defense of Necessity
In Queens, New York, a man shoots and kills a robber. The shooter’s conduct is determined to be self-defense, but he is charged with firearms violations. In Charlotte, North Carolina, a bus driver shoots back at a passenger shooting at him! The bus driver is not charged with a crime, but is fired by the…
Read MoreThe Unintended Consequence of Maryland’s New Gun Laws
In 2022, the United States Supreme Court ruled that the “proper cause” gun permit requirements of New York prevent law-abiding citizens from free exercise of their second amendment rights to keep and bear arms in public for ordinary self-defense. This decision effectively negated Maryland law. In its very next session, the Maryland General Assembly passed…
Read More“Characteristics of an Armed Person”
On May 11th, 2023, Baltimore Police Detective Cedric Elleby shot a fleeing suspect holding a semiautomatic handgun with an extended magazine in his right hand. The young man had not fired the weapon at the time he was shot. He was not pointing the pistol at Detective Elleby or anyone else. He was running away…
Read MoreDeath on the F Train; A New York Story
Daniel Penny is charged with manslaughter, second degree, after holding Jordan Neely in a choke hold on the NY City Subway F Train. In this episode, Serge and Clarke discuss this sad, but compelling, case.
Read MoreStand Your Ground Doesn’t Legalize Illegal Deadly Force
In rural New York, a 65-year old man fired two shots from his porch killing a young woman in a car who was lost and turned around in his driveway. In Missouri, an 84-year old man fired two shots from his front door injuring a teenager who rang his bell, mistakenly at the wrong address…
Read MoreSeven Calif Highway Patrolmen Charged in Death of Edward Bronstein
Two months before the death of George Floyd, seven California Highway Patrolmen—including a Sergeant and one nurse—held a handcuffed behind his back, Edward Bronstein, face down to take blood in a DUI case pursuant to a search warrant. Bronstein screamed that he couldn’t breathe. The incident was videotaped. Bronstein died during the incident allegedly due…
Read MoreMassachusetts Inmates May be Permitted to Lower Sentences by Organ Donations
Serge and Clarke discuss a controversial January 2023 proposal in the Massachusetts legislature to let Massachusetts inmates reduce their prison sentences by donating bone marrow or organs, such as a kidney. Their are pros and cons of course and these ideas are the subject of today’s podcast.
Read MoreThe Death of Tyre Nichols in Memphis
On January 7, 2023, the Memphis Police Department’s Scorpion Unit stopped and caused serious physical injury to 29-year-old Tyre Nichols. Mr. Nichols died in a hospital three days later. Five officers were fired on January 20, 2023. The same five officers — Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills, Jr., and Justin Smith…
Read MoreFatal Police Encounters – 2022
In the first episode of 2023, Serge and Clarke discuss an alarming statistic: 2022 had more people killed by law enforcement than at any time since police deadly force has been tracked. Also, there was an increase in the number of police officers who were shot in the line of duty.
Read MoreJudge Hammerman Imposes a 70 Year Trial Penalty — The Gary Baynor Case
In the last episode, Serge and Clarke discussed the idea of a trial penalty. A trial penalty occurs when an accused citizen rejects a plea offer, goes to trial, and is convicted but receives a sentence grossly disproportionate to the plea offer. In this episode, Serge and Clarke interview Gary Baynor about an incredible story…
Read MoreThe Diminishing Trial by Jury
In this episode, Serge and Clarke explore the phenomenon of the diminishing trial by jury. After explaining the statistics — which are shocking — Serge and Clarke seek to answer the questions of why the trial by jury is disappearing and the consequences of this significant change to the criminal justice process in America.
Read MoreBrittney Griner’s Arrest and Sentence
Serge and Clarke discuss the tragic circumstances surrounding the arrest, guilty plea, and sentencing in the Brittney Griner case. Brittney, a WNBA all-star, was arrested at a Moscow airport in February of 2022 for .7 grams of cannabis oil in her luggage. She was convicted and sentenced to 9 years of hard labor in a…
Read MoreDamned If You Don’t
The Supreme Court tells us that we have no constitutional right to expect the police to protect us, unless we are in their custody. Yet a Baltimore City Police Officer is sentenced to 60 days incarceration for not preventing an assault and a Yonkers Police Sergeant is under investigation for not stopping an assault. Serge…
Read MoreAn analysis of NY State Pistol & Rifle Association, Inc. v. Bruen
On June 23, 2022, the United States Supreme Court in a case called NY State Pistol & Rifle Association v. Bruen decided that New York’s penal statute which required a particularized showing of “proper cause” in order to obtain a wear and carry pistol permit was unconstitutional. The second amendment guarantees to all citizens the…
Read MoreA Deep Dive Into the Texas House of Representative’s Report on Uvalde
On May 24, 2022, 73 minutes passed between the time the Uvalde Consolidated Independent School District Police arrived at Robb Elementary School and when Room 111 was breached by the Border Patrol Swat Team. By then 376 law enforcement officers had arrived on the scene. How is it possible for hundreds of police officers…
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