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Archive for December 10th, 2010

Weekend Series on Law Enforcement History: Nixon and J. Edgar Hoover Discuss Supreme Court

WikiLeak Lawyer: Spy Charges Appear Imminent

Judges Urged to Suspend Fed Prosecutor’s License for Withholding Info


By Allan Lengel
ticklethewire.com

An assistant U.S. Attorney in Boston is battling for his career.

The state Office of Bar Counsel in Massachusetts urged a three judge panel on Thursday to suspend Assistant U.S. Attorney Jeffrey Auerhahn’s license for at least two years, claiming he deliberately withheld evidence in a high-profile Mafia case in the early 1990s, the Boston Globe reported.

But a lawyer for Auerhahn, Michael D. Ricciuti, a former federal prosecutor himself, argued that the suspension would be career ending and that it was an unintentional mistake made long ago, the Globe reported.

`There’s no one in this court who says that Auerhahn was the win-at-all costs, cut-the-corners kind of prosecutor,” Ricciuti said, according to the Globe. `There was no intentional violation of any rule.”

Ricciuti urged the federal judges to find that no professional misconduct occurred.

Auerhahn is assigned to  the antiterrorism and national security squad.

US District Judges Rya W. Zobel, William G. Young, and George A. O’Toole Jr. said they will review voluminous records in the case, the Globe reported.

The Globe reported that “in 2005, US District Chief Judge Mark L. Wolf released Mafia capo Vincent Ferrara from prison after finding that Auerhahn had improperly and possibly illegally failed to tell defense lawyers in the early 1990s that a key witness had tried to recant his assertion that Ferrara ordered the 1985 slaying of Vincent “Jimmy” Limoli in the North End.”

The Justice Department concluded that Auerhahn “engaged in professional misconduct and exercised poor judgment” and gave him a letter of reprimand.

Judge Wolf called referred the matter to the Board of Bar Overseers three years ago because he thought a letter of reprimand was inadequate, the Globe reported.

FBI Asks for Delay in Release of Anthrax Report by National Academy of Sciences

Anthrax Suspect Bruce Ivins

By Allan Lengel
ticklethewire.com

The controversy surrounding the conclusion of the anthrax investigation is surfacing again.

The New York Times reports that the FBI has requested a last minute delay in the release of an independent scientific report by the National Academy of Sciences.

The delay prompted Rep. Rush D. Holt (D-N.J.), a critic of the probe, to proclaim that the bureau “may be seeking to try to steer or otherwise pressure” the academy’s scientific panel “to reach a conclusion desired by the bureau,” the Times reported.

Holt, a physicist, made the remarks in a letter Thursday to FBI Director Robert S. Mueller III, the Times reported. He said he found the delay disturbing.

The Times reported that the F.B.I. has told the committee that it wants to turn over an additional 500 pages of investigative documents even though the committee had requested all materials back in April 2009 when it began looking at the science involved in the probe that eventually pointed to scientist Bruce Ivins, a microbiologist at the Army’s bio-defense research center in Maryland. For years, investigators had mistakenly focused on another scientist from that laboratory, Steven Hatfill, who ended up successfully suing the government.

Ivins killed himself in July 2008 before federal authorities could file criminal charges.

FBI spokesman Mike Kortan said the FBI “continues to work with the National Academy of Sciences to support their ongoing review of the scientific approaches employed in the Amerithrax investigation,” according to the Times.

Prosecutor Drops Remaining Charges Against Miss. FBI Agent

By Allan Lengel
ticklethewire.com

FBI agent Hal Neilson is no longer in trouble.

Federal prosecutor Richard Bourgeois on Wednesday dismissed three remaining counts the jury deadlocked on on Nov. 20, the Northeast Mississippi Journal reported.

The prosecutor indicated that U.S. can no longer “meet its burden of proof of beyond a reasonable doubt.”

Neilson, 49, of Oxford, Miss., was indicted Jan. 13 on five counts that he lied about his financial interests in the Oxford FBI building at 2106 University Ave., where he worked, the Journal reported.

“I am so happy to hear that,” said jury foreman Don Lambert of Booneville, Miss.

“Personally, I did not see enough evidence to convict him,” said Lambert, a resource officer for the Booneville schools, the paper reported.

To read more click here.

Fed Jury Convicts 3 New Orleans Cop in Case Involving Murder and Burning of Body


By Allan Lengel
ticklethewire.com

A federal jury on Thursday convicted three New Orleans cops in the Post-Katrina fatal shooting of citizen Henry Glover and the burning of his body and the cover up, the Justice Department announced. Two other cops were acquitted.

The jury found former New Orleans cop David Warren was guilty of a civil rights violation, resulting in death, for the Sept. 2, 2005, shooting of civilian Henry Glover, as well as use of a firearm during a crime of manslaughter, the Justice Department said.

The jury heard evidence that Warren shot Glover in the back as Glover was running away from him behind the Algiers strip mall.

During trial, evidence showed that Glover’s brother and a friend flagged down a passing motorist, “Good Samaritan” William Tanner, who put the wounded Glover in his car to try to get medical attention.

But when the group of men drove up to a makeshift police station seeking help for Glover, police officers surrounded them at gunpoint, handcuffed them, and let Henry Glover die in the back seat of the car, the Justice Department said.

Officer Greg McRae drove off with Tanner’s car, with Glover’s body inside, and burned both the body and the car with traffic flare, the Justice Department said.

McRae was convicted on two counts of civil rights violations. Lt. Travis McCabe was convicted of obstructing justice by writing and submitting a false report about the shooting of Henry Glover. He was also convicted of lying to the FBI and committing perjury by lying to a federal grand jury.

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