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From the Los Angeles Times

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The Supreme Court's unlikely friend to criminals

Conservative Justice Antonin Scalia has led the charge in reversing convictions, citing the 6th Amendment and the right to challenge witnesses. For him there are no shades of gray.

by David G. Savage, Washington Bureau

November 24, 2011

Reporting from Washington

Justice Antonin Scalia, the Supreme Court's most outspoken and combative conservative, is not often described as friendly to criminals.

But in recent years, Scalia has led an unusual pro-defendant faction at the high court in reversing convictions for murder, drug dealing, wife beating and drunken driving.

Next up in early December is a Chicago rapist who claims his 6th Amendment right to confront his accusers was violated because prosecutors did not put on the witness stand a lab technician from Maryland who conducted the DNA test that sent him to prison.

This claim might have been a loser even during the court's long-past liberal era. But with the relentless Scalia leading the charge, it may well succeed, a prospect that worries prosecutors and crime lab directors across the nation.

Sometimes, Scalia's insistence on following the "original" Constitution leads to unexpected results. And for him, there are no shades of gray and no halfway measures.

The 6th Amendment to the Constitution says the "accused shall enjoy the right … to be confronted with the witnesses against him." To Scalia, this clause not only gives defendants the right to challenge actual witnesses, but also the right to bar testimony from all those "witnesses" who did not or cannot testify in court. He takes this view even if the witness is dead.

Three years ago, Scalia led the court in reversing the murder conviction of a Los Angeles man who shot and killed his girlfriend. A police officer testified the victim had reported that Dwayne Giles threatened to kill her. Scalia said that testimony violated Giles' rights because he could not confront or cross-examine her.

"We decline to approve an exception to the Confrontation Clause unheard of at the time of the founding," Scalia said for 6-3 majority. This went too far for liberal Justices John Paul Stevens and Stephen G. Breyer.

Two years ago, Scalia spoke for a 5-4 majority reversing the conviction of an alleged cocaine dealer from Massachusetts because prosecutors did not bring to court a lab analyst whose test confirmed the bags of white powder were indeed cocaine. The dissenters, including Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy and Samuel A. Alito Jr., said a lab technician who conducts a test is not a "witness" in the ordinary sense of the term.

In June, the court went one step further. The Scalia bloc, by a 5-4 vote, overturned the drunken-driving conviction of a New Mexico man because the lab analyst who testified about his blood alcohol did not actually work on the defendant's blood sample. He put together an odd-couple coalition with Justices Clarence Thomas, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan.

"This is not a left-right split. This is principle versus pragmatism," said University of Michigan law professor Richard Friedman. For Scalia, "this is all about adhering to originalism," regardless of whether the results seem strange.

Scalia's reliance on the original meaning of the Constitution is usually described in simple terms. For example, because the Constitution says nothing about abortion, he says the Roe vs. Wade decision legalizing it was wrong and should be overruled.

But in many constitutional disputes, the precise, original meaning of a particular word — such as "witness" — is none too clear. In the case of the Chicago rapist, the court will decide whether one or more crime lab technicians who conducted a crucial test must testify or whether an expert who reviews their work can serve as the witness for the prosecution.

It began when a 22-year old woman returning home from her job in downtown Chicago was grabbed by a man and raped in his car. She was taken to a hospital, and swabs from her examination were sent to a Cellmark lab in Maryland. Six months later, that lab sent back a male DNA profile.

Sandra Lambatos, a scientist at the Illinois police crime lab, ran a computer search and found a match with Sandy Williams, a suspect already under arrest. The rape victim later identified Williams as her assailant.

At his trial, Lambatos testified and explained how she did the match. A lawyer for Williams objected, citing Scalia's opinion and arguing that his client had a right to "confront" the Cellmark technicians who put together the DNA profile.

The judge disagreed. Williams was convicted and sentenced to life in prison. But in June, the Supreme Court voted to hear the case of Williams vs. Illinois.

Prosecutors say they worry about a ruling requiring testimony from all the experts who worked on a crucial test. "DNA is an assembly-line process. Do you want every person to testify?" asked W. Scott Thorpe, head of the California District Attorneys Assn. "What do you do about a 'cold case?'" he added, when the medical examiner who did an autopsy decades ago is no longer available to testify.

http://www.latimes.com/news/nationworld/nation/la-na-court-scalia-20111125,0,6016872,print.story

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From Google News

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Canada

Volunteers needed for community watch

Crime rates have been on the rise as Estevan has continued to grow, and that has led Estevan resident Beckey Franke to form a neighbourhood watch to counteract some forms of criminal activity.

Franke said she decided to start a neighbourhood watch because she and her family have been victimized by crime on multiple occasions. Her husband had a wallet and a gym bag stolen. And some of her items were removed when her car was broken into a few weeks ago.

"I'm tired of people going into my stuff and taking things," said Franke. "I don't worry about the stuff so much. I don't care about it. It's just the idea of somebody coming into your own property and your things that you have. It's like an invasion. It's frustrating."

People who are interested in joining the community watch can attend a meeting on Monday, November 28 at 7:30 p.m. at the Souris Valley Aquatic and Leisure Centre's multi-purpose room.

"If you're concerned or curious or anything, you can come to the meeting and be informed," said Franke. "Hopefully the more people we have, the more the word will get spread out, the more interest people will have in securing their own items at home, and (the more interest they will have) in being more involved in their neighbourhoods and being more aware of suspicious activity."

Franke recently held a meeting with some people. Residents of several different neighbourhoods have also contacted her, including an individual who lives on Nicholson Road whose vehicle has been broken into on multiple occasions.

She said she would like to have representation from as many different areas of the city as possible.

"If you could have one person on a one-block radius who kept in contact with everybody on their block, I think that would be ideal," said Franke. "Then you get to know your neighbours, which is fabulous. Once you get to know them, you help each other out. It's your own community in your own neighbourhood."

The committee already has the support of the Estevan Police Service. Constable Don Dechief has been selected as the police liaison. Dechief said that Chief Del Block backs the program.

A community watch would have several benefits, he said. Dechief believes it would help build a community in which residents help each other out and keep an eye out for each other.

It would also make it easier for people to get to know their neighbours, which can be difficult in a transient community like Estevan.

Another benefit of the watch program, according to Dechief, is that the public would recognize the need to protect their property, and call police if they see or hear something suspicious.

Dechief said it is important for people to lock their vehicles, and remove all valuables, if they are going to leave their vehicles unattended for an extended period of time. If their home or vehicle is entered by an intruder, Dechief said the police needs to be notified, even if only a few items are taken.

A lot of people won't report a theft to the police, he said. They don't think that the police can do anything once a break-in occurs.

"There's a ton of break-ins happening out there, and we know that," said Dechief. "It's just very important for everybody out there to report it to the police, because then we can tell if there's a hot spot."

If the police receive a lot of phone calls from the Trojan subdivision, for example, they can concentrate on that area of the city, and improve their chances of catching a culprit.

Should somebody hear a suspicious sound from their yard, they should take a look, Dechief said. If a security light turns on, they need to find out if there was a reason. If a suspicious person is responsible for the disturbance, then it's time to call the police.

"It gives us an area to watch, and a broader idea of where these things are happening,” said Dechief. “For statistical purposes, it helps us in our investigation. Maybe the next time, somebody sees something in that area. Maybe we can link that person to that incident that happened before. It's so very important for everybody to report, no matter how insignificant they think it is."

Dechief would also like to see the community watch lead to more what he called "environmental design" for people's homes. It could mean adding a security light to reduce the darkness available to a prowler, or removing shrubs to eliminate a hiding spot for a thief.

He expects that the phone at the Estevan Police Service will ring more frequently once the community watch begins, because the public will be more aware of the need to call police due to break-ins. There could also be a website where people could leave their tips.

Dechief is also optimistic that the neighbourhood watch program will lead to a better relationship between police and residents.

"Community policing is where it's at these days,” said Dechief. “We don't want to become a reactive police force where something happens, a phone call comes in and we go there."

Dechief said there was a neighbourhood watch program in Estevan a few years ago. He doesn't know why it disappeared. But he is a fan of the concept.

Franke and Dechief would like to speak with people who were involved with the old community watch, so that the new neighbourhood watch can gain more information, ideas and insights.

People who are part of the neighbourhood watch won't be vigilantes, they said. Dechief even discourages people from confronting culprits.

"If you see somebody outside in your car, do not confront them,” said Dechief. “Sometimes that's frustrating for victims, but there could be an altercation that happens, and somebody could get hurt. The nice thing about calling police, if you see something outside your window, is there's a good chance we might get them.”

Franke is hopeful that interest in the neighbourhood watch will grow as it becomes more established.

"It just takes one person in one area to start the little spark into a flame," said Franke. "They're going to know somebody who wants to help out.”

One person who is involved will lead to another person joining. Then two more people will become involved. And Franke predicted it will grow bigger and bigger.

It will take some work to get the community watch program started, they said. But once it starts serving the community, Franke and Dechief expect a safer, more secure community, with fewer thefts and fewer break-and-enter incidents.

http://www.sasklifestyles.com/article/20111125/ESTLIFESTYLES0101/311259994/-1/estlifestyles/volunteers-needed-for-community-watch

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Wisconsin

White ribbons for safety

Over the next two weeks, ribbons, signatures and high heels will be used to stamp out violence against women in Superior

by Maria Lockwood

Members of the Douglas County Domestic Violence Coordinated Community Response Team are bringing the international White Ribbon Campaign back to the area.

“We decided to try and get the campaign into the high school, and now it has carried on into the college,” said Community Policing Officer Bonnie Johnson of the Superior Police Department. “It's carrying out through the community.”

The White Ribbon Campaign began in 1991 in Canada. White ribbons were worn during the week leading up to the second anniversary of the massacre of 14 women at the Universite de Montreal engineering school. With only six weeks preparation, an estimated 100,000 men across Canada wore a white ribbon. The campaign has spread and now takes place throughout the world.

“I am very excited to be a part of the team that is bringing this campaign back to Superior,” said Douglas County District Attorney Dan Blank. “It is a continuation of our October Domestic Violence Awareness Month activities and community awareness information.

“This is now a specific challenge to men and boys to pledge/commit to not commit, condone or stay silent about violence against women and girls … Starting the campaign at SHS and UWS this year will hopefully build to an all-county initiative next year and into the future.”

Monday, Superior High School students will be asked to sign a pledge not to condone, stand silent or commit violence against women and girls. A table will be set up during each of the lunch hours offering white ribbons to those who sign the pledge.

“I think many young people are entering that stage of their life where they're having relationships with boyfriends and girlfriends,” said Assistant Police Chief Charles LaGesse. “Having them committed to not acting out violently against their significant other —boyfriend or girlfriend — is key now … awareness in this age group is important to start on their adult life.”

If white ribbons aren't enough, supporters can step into a pair of high heels to raise money for the international movement. The University of Wisconsin-Superior Gender Equity group is hosting “Walk a Mile in Her Shoes” from noon to 2:30 p.m. Dec. 3 at the Marcovich Health and Wellness Center. The cost for the charity walk is $15 in the participant is wearing high heels, $25 if they are not. It's a BYOH — bring your own heels — event.

“I encourage people to take the mile walk as it will put them outside of their comfort zone and help make people appreciate how tough it is to walk in high heels, all while helping a wonderful cause,” said organizer Tim Sislo. The event is open to the public, both men and women. The walk, 12 laps around the track, won't be timed. Sislo has worn high heels numerous times for roles in plays.

“I find them to be fun and not too bad to walk in, as soon as you get the hang of them,” he said. But, the thespian warned, people should budget extra time if they're in elevated shoes.

“The height of the heels definitely effects how long it will take to walk,” Sislo said. Spikes or very skinny heels are not allowed on the track. All the money raised will benefit the international White Ribbon Campaign.

For information or to register online, look for the UWS Gender Equity website at www.uwsuper.edu/genderequity. People can also stop by the UWS Gender Equities Office, 1031 Swenson Hall or register at the event. For more information on the White Ribbon Campaign, visit www.whiteribbon.ca or White Ribbon Campaign on Facebook.

http://www.superiortelegram.com/event/article/id/60263/

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