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Civil Rights Attorney from Cleveland Arrested for Concealed Weapon at Airport

David Malik, a Cleveland civil rights attorney, was arrested on Saturday at Cleveland Hopkins International Airport, according to Cleveland.com.

Malik was arrested for carrying a concealed weapon. He was taken into custody by airport security around 4:15pm after security found an unloaded .22 caliber handgun and ammunition in a carry-on bag.

"I participated in a target shooting class recently with a certified CCW instructor and I simply forgot to remove it from my bag," Malik said in a statement. "I used the bag to pack for my trip. It was a stupid mistake."

He spent his Saturday night in Jail, according to the president of the Cleveland Police Patrolmen’s Association, Steve Loomis. He was released on Sunday morning after posting bond.

Malik has a hearing scheduled at Cleveland Municipal Court on Tuesday morning.

"What's interesting about David is he is such an anti-gun person," Loomis said. "He's such an anti-violence person, and of all the things for him to get arrested for, that really surprises me."

Malik is one of the attorneys who represented clients who decided to sue the city of Cleveland and the police department for wrongful deaths and civil rights violations recently.

Malik represented the family of Tamir Rice, a 12-year-old boy shot to death by police in November in 2014. Rice was killed when officers responded to a recreation center for reports of a man with a gun.

The family sued the city for wrongful death, but has since stopped using Malik as an attorney for the case.

Malik has represented Malissa Williams, who was killed by police gunfire with Timothy Russell in November of 2012 after a chase involving 60 officers that ended in a school parking lot.

Malik also represented Edward Henderson, who sued the police for beating him after being arrested. Henderson is bipolar and schizophrenic.

02-15-2015

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Lawyer Slapped with Additional Charges After Arrest Last Month

An attorney from Dallas has had another charge filed against him following an arrest last month, according to KWTX.

Jordan Masters Todd was charged with robbery on Friday following the attack of a Bell County sheriff’s deputy during an arrest attempt outside of a church.

Todd is still in the Bell County Jail in lieu of bonds totaling some $310,000. He has been charged with evading arrest or detention with a motor vehicle, assault on a public servant, misdemeanor marijuana possession, robbery, resisting arrest and escape while arrested.

He was originally arrested on January 27 after the robbery and attack of the sheriff’s deputy.

Sheriff’s Sgt. Perry Moose had to be taken to the Scott & White Hospital that night due to his injuries. Moose was just released from the hospital this past Tuesday.

Moose was knocked down and kneed in the chest and face during the arrest attempt. He was still able to use his Taser, but it did not stun Todd, according to Bell County Sheriff’s Department spokesman Lt. Donnie Adams.

Adams said that Moose stopped a suspect, but would up involved in a fist fight when trying to arrest the driver.

The suspect reportedly attacked a woman in the parking lot of St. John’s Lutheran Church near Bartlett.

Todd was eventually arrested by other deputies, but not without another struggle.

02-08-2015

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Pennsylvania Public Defender Arrested for Hindering Apprehension

Andrew Capone, a public defender with Allegheny County in Pennsylvania, was arrested this week for providing inaccurate information to a judge’s staff, according to The Pittsburgh Post-Gazette.

Capone reportedly provided inaccurate information regarding his client appearing for trial in a sex assault case.

Capone has been charged with hindering apprehension and obstructing the administration of law. He was released on non-monetary bond.

Capone was the lawyer for Jeffrey Derosky, who was charged by Allegheny County police with sexually assaulting a child. He was scheduled for trial on January 12. He was found dead four days later of a self-inflicted gunshot wound in West Virginia.

In a criminal complaint, a county sheriff’s detective wrote that Capone told a staff member for Judge Donna Jo McDaniel that Derosky “had not appeared at court.”

The detective also said that staff members for the judge asked Capone multiple times if Derosky had checked in and said "the last time he saw his client was when they met on the Friday before the trial."

Karen Blystone, the live-in girlfriend of Derosky was contacted by detectives during the search. She told detectives that Derosky went to the courthouse the morning of the trial and met with Capone. She said she went to the courthouse with him. Capone reportedly told Derosky that a plea deal was being offered by the Allegheny County district attorney’s office. The plea deal called for a prison term of five to 10 years.

"Karen Blystone stated that Jeffrey Derosky informed Andrew Capone that he needed time to think about it and would get back to him," the detective wrote.

Blystone said her and Derosky left the courthouse and that "she knew that a criminal bench warrant would be issued."

Blystone said she left Derosky at a hotel bar, which was closed, and had not seen him since then.

When the detective confronted Capone with the information from Blystone, Capone said that he "was unsure how to answer that question and believe that it would violate attorney/client privilege."

The detective said Capone told the judge’s staff that Derosky and Blystone came to court for the trial, he told them about the plea deal and Derosky cursed and said, “I’m out of here.”

Blystone was charged with hindering apprehension and obstructing the administration of law. She was taken into custody on January 15 and released on January 20.

Officers in Parkersburg, West Virginia found Derosky dead in a hotel room after being contacted by Allegheny County Sheriff’s Deputies.

01-30-2015

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District Attorney from Texas Fired for Threatening Jobs of Police Officers During Arrest for DWI

A prosecutor from Dallas County has been fired from the district attorney’s office where he works, according to a report from KHOU.

The prosecutor, Justin Moore, was fired after allegedly threatening the job of police offices as they arrested him for drunken driving.

He was charged with a misdemeanor in the case. District Attorney Susan Hawk has recused her office from the case.

A Tarrant County Assistant District Attorney, Richard Alpert, has been appointed as the special prosecutor for the case. Alpert specializes in DWI prosecutions.

Moore was pulled over on Highway 67 near Loop 12 after speeding, weaving in and out of lanes, tailgating and almost sideswiping another car on January 4, 2015, according to police records.

Officers smelled alcohol on his breath during the stop and said Moore had bloodshot eyes. He could not find his license when requested by officers and showed them his district attorney’s badge instead.

"What kind of a question is that?" Moore said when he was asked how much he drank that night.

The police report says that Moore would not exit the vehicle and was still looking for his license when an office pulled him out of the car. Moore then said, "Did you just grab me?"

The police report also states that Moore would not take a field sobriety test and was taken into custody for suspicion of drunken driving. The report says that Moore told the officers that they worked for a racist department and and even accused them of belonging to the KKK.

"You arrested the wrong person. I'm going to make sure you don't have a job on Monday," he said to the officers.

Moore also called the officers “idiots” and that they worked for a “sad department.” When a black police sergeant responded to the scene, he called the officer an “Uncle Tom.”

The officers working the case obtained a warrant to test Moore’s blood alcohol level. The test results have not been made available to the public yet.

Moore was originally suspended without pay by his office prior to being fired.

Moore had been employed with the DA’s office since last July and is a graduate of the SMU Law School. He is the founder of The Moore Foundation For A Careful Mind.

Moore released the following statement:

“After the recent events, I have decided that it is in my best interest to part ways with the District Attorney’s office. This situation is much more complex than initially reported. There are serious issues regarding the entire scope of events that transpired January 4, which my legal team will address at the appropriate time. My work in the DA’s office was centered on fairness for all citizens of Dallas County. For me, this fight remains worthwhile. I have submitted my resignation in order to remove any further distractions. I am confident that once the true facts are fully laid out, Dallas County will have a better understanding of the situation at hand and the need as a community to engage in a more constructive conversation about police protocol and fairness.”

01-25-2015

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Georgia Attorney Arrested on Charges of Forgery and Theft by Deception

Wilson Randolph Smith, an attorney from Vidalia, Georgia, has been arrested on charges of forgery and theft by deception, according to The Savannah Morning News.

The arrest is in connection to a $500,000 civil settlement he reportedly never gave to clients.

Smith was arrested on Tuesday by Toombs County Sheriff’s Deputies and taken to the Toombs County Detention Center.

He was scheduled to appear in front of a Superior Court judge on Thursday, according to Sheriff Alvie Knight.

Smith received a letter from Savannah attorney William P. Franklin Jr. asking him to give the clients their money.

“For years I have complained about lawyer misconduct and how we as a profession have turned a deaf ear and blind eye towards grievous lawyer misconduct,” Franklin wrote. “It is time for me to not only talk the talk but, more importantly, walk the walk. I could understand and would have more forgiveness for an armed robber than a lawyer who betrays his fiduciary responsibility to clients who entrusted their case to him.”

Smith ‘forged’ signatures of his clients, Heather and Dewey Mallette to receive the money. The legal malpractice lawsuit also claims that Smith never told the couple their lawsuit was settled. The malpractice suit was filed in Chatham County State Court on December 23.

The malpractice lawsuit also claims that Smith never told the Mallettes that their insurance company issued a check and did not disburse the funds to them.

The lawsuit alleges that Smith told the couple multiple times that the case was still active and would go to trial early in 2015.

The suit filed against Smith also names his partner, Robert Jenkins, and their firm, Smith and Jenkins.

“Due to the pending litigation, both criminal and civil, I don’t think I can comment,” Jenkins said Wednesday.

The letter from Franklin continues with, “I want to give you the benefit of the doubt, but quite frankly it is impossible to do so.”

Franklin’s letter also noted that the couple did not have any money to buy Christmas presents for their children and that Mallette “was forced to cash in his 401(k) and in doing so incurred a forty percent (40 percent) penalty and will be taxed on the money he received.”

“Regrettably the allegations against you, corroborated by what the Mallettes told me and the paper trail, compel me to believe they are in fact true and demand a bar complaint and warrant draconian professional sanctions and perhaps even incarceration.”

Franklin told Smith he would alert the State Bar of Georgia if he did not do so himself. Franklin learned of the crime when Mallette accused him of working in conjunction with Smith on the fraud. Franklin told Mallette that the case was settled on August 13, 2013 and the couple signed the receipt for the $500,000. 

01-15-2015

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