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Archive for February, 2008

L.I. Girl’s Dwi Killer Loses Bid For Retrial

Wednesday, February 27th, 2008

A drunken driver who killed a 7-year-old flower girl on her way home from her aunt’s wedding lost his bid to weasel out of a murder conviction yesterday, because a Long Island judge didn’t believe allegations of juror misconduct.

As Martin Heidgen was led into court in Nassau County, he said he was “hopeful justice will be served” and he’d prevail in his bid to show that improper jury-room talk tainted his conviction for murdering little Katie Flynn and limo driver Stanley Rabinowitz, 59, in a July 2005 crash.

But as the testimony unfolded in the Mineola courtroom, it became apparent that the allegations of unfairness raised by jury forewoman Loy Malcolm wouldn’t stand up.

Since voting to convict Heidgen in October, Malcolm had been working to reverse her decision, get him a new trial and spring him from a possible life term in prison.

Her efforts won her the contempt of Katie’s family.

Katie’s father, Neil Flynn, said Malcolm’s testimony yesterday was “nothing but lies . . . from a feeble-minded, immoral coward.”

“She’s been manipulated by dishonest, unethical attorneys on behalf of a filthy child killer,” he said. “She’s standing with a child killer in his defense - she’s, therefore, beneath my contempt.”

On the witness stand, Malcolm said another juror in the case falsely mentioned during deliberations that Heidgen, 25, had had a DWI conviction while he was in college.

But Judge Alan Honorof concluded, “This court is unconvinced that there was any extrinsic evidence that was brought.” He set Heidgen’s sentencing for Feb. 28.

Covington man gets 20 years for DWI

Wednesday, February 27th, 2008

A 27-year-old Covington man who was arrested on drunken driving charges eight times in three years has been ordered to serve an additional 10 years in prison, making his total sentence 20 years.

Christopher Gilson pleaded guilty last month to two counts of fourth-offense DWI. State Judge Elaine DiMiceli sentenced him to 10 years in prison and ordered that the sentence be served after he completes another 10-year term he had been serving for drunken driving.

Gilson was charged with fourth-offense DWI because Louisiana law specifies punishment for fourth and subsequent DWI offenses. It does not contain specific provisions for a fifth, sixth, seventh or eighth offense.

Gilson was booked with his latest DWI offense Nov. 8, 2004, in Mandeville after he drove his car over several curbs, flattening all four tires, according to police. Officers found him about 6 a.m., dazed and slumped behind the wheel of his truck in a flower bed in the 600 block of Lafitte Street.

Mandeville police Sgt. Ron Ruple said at the time that it was Gilson’s eighth drunken-driving arrest since September 2001. Although eight DWI charges are not unusual, Ruple said, it is rare for a driver to incur so many in such a short period.

At the time of the November 2004 arrest, Gilson was supposed to have been under home incarceration as a result of previous DWI convictions. His license had been suspended. He was sent to the parish jail in Covington, and his probation was revoked.

According to court records, he pleaded guilty to five counts of DWI on March 25, 2003, including two second offenses, a third offense and two fourth offenses.

He had been fined a total of $13,750 and ordered to attend drug court as well as enroll in a substance abuse program and a driver improvement program. He also was ordered to forfeit his vehicle and undergo home incarceration for two years.

His five sentences included two stretches of six months in prison, one stretch of three years and two stretches of 10 years, all to be served simultaneously. All but 60 days of those were suspended, and he was placed on probation for five years. Those five sentences were reimposed after his probation was revoked at a Dec. 17, 2004, hearing.

A 2001 revision to Louisiana’s repeat drunken-driving law requires judges to suspend all but 30 days of a third-offender’s sentence and all but 60 days of a fourth-offender’s sentence.

Gilson’s string of arrests began Sept. 2, 2001, and continued with his second arrest three days later, according to police. One of the charges was thrown out in October 2001 because it could not be proven that Gilson was properly read his rights.

His other arrests were Nov. 22, 2001; May 15, 2002; July 21, 2002; Dec. 17, 2002; and June 18, 2004.

Gilson also has pleaded guilty to possession of marijuana, speeding and improper lane usage. DiMiceli sentenced Gilson to 10 years in prison without benefit of parole on Jan. 8 of this year.

Top att’y victim of ‘nude dwi’

Wednesday, February 27th, 2008

October 20, 2006 — The man fatally run over by a ranting, naked female driver was a Staten Island prosecutor-turned-defense-lawyer, her alded for taking on hard-luck cases pro bono, authorities said yesterday.

Larry Simon, 41, had also been a key lawyer in two notorious criminal cases.

In 2004, Simon represented Andre Rand, who was con victed of the 1981 kidnapping of 7-year-old Holly Hughes. Her body was never found.

Simon also defended Ronnell Wilson, who allegedly murdered two undercover narcotics detectives in 2003.

A friend, Fernando Santiago, recalled, “He gave free legal advice and free friendship.”

Yesterday, Simon’s glassy-eyed alleged killer, Taliyah Taylor, 24, denied any wrongdoing. “Who did I hit? I don’t know what you’re talking about,” she said before she was arraigned.

Simon’s heartbroken 12-year-old daughter, Alexandra, sat stoically with her aunt in court, where Taylor was charged with manslaughter and sent to jail.

Alexandra “wanted to be here today,” said Ronald Gregg, a lawyer at Simon’s firm. “She was always in the court [to watch him at work]. She wanted to see what made her daddy so special.”

Prosecutors said Taylor, who had a 2000 DWI rap, was a disaster waiting to explode Wednesday night - stoned on ecstasy and marijuana and driving with a revoked license.

She was speeding at 100 mph on the wrong side of Forrest Avenue in Staten Island without headlights when she ran a red light, prosecutors said. The car hit Simon with such force, his legs were severed.

Taylor was found naked outside her wrecked car - which had gone airborne and vaulted a 10-foot fence - crooning a Lil’ Kim song, “Money, Power, Respect.” She told cops, “God wanted me to drive naked.”

Taylor, an aspiring rapper, had been cutting a demo at a recording studio when she suddenly bolted to her grandmother’s house.

“She talked about demons coming to get her,” said Taylor’s mom, Regina McClain. “She said her dad was coming to help her. He’s been dead 16 years.”

She said Taylor, has custody of a 7-year old nephew and lives with her female lover.

She recently took the police exam, but did not have enough college credits.

McClain claimed cops had ignored three 911 calls warning them of a violent person in her grandmother’s house.

Police confirm three calls were made. The first at 10:39, 11 minutes before the crash; the second, five minutes later, when Taylor was already in her car; and the third after the crash.

The NYPD acknowledged officers didn’t respond to the first call immediately, and said they did not run on the second call because Taylor was gone. In any case, they said a report of a fatal accident takes precedence over a plea for help about a disturbed person.

Lawmaker arrested for drunken driving after attending anti-DWI ceremony

Wednesday, February 27th, 2008

A lawmaker was charged with drunken driving, hours after attending a bill-signing ceremony to highlight the state’s newest effort to crack down on DWI offenders.

Republican Joe Thompson, 37, the House minority whip, apologized after his arrest early Wednesday.

“While I am terribly embarrassed by this situation, I am thankful that no one else was involved,” he said. “I will follow the advice of my family and physician to obtain whatever treatment is necessary.

Police said they pulled over Thompson after his vehicle rolled too far into an intersection at a red light. Sgt. Todd Armendariz said there was a “strong smell of alcohol” around Thompson.

Police said he registered a 0.12 and 0.11 on breath-alcohol tests, above the legal limit of 0.08.

He told the officer he had a little alcohol at dinner but “did not think the alcohol he drank counted due to it being consumed several hours prior to the stop,” the police report said.

During their recent legislative session, lawmakers passed several bills cracking down on repeat drunken drivers. But none would affect Thompson if he is convicted.

Thompson, first elected to the House in 1998, said he will drop his recently announced campaign for a seat on the state Public Regulation Commission.

Tracy Morgan, a former Saturday Night Live regular

Wednesday, February 27th, 2008

24’s stunt drivers may have to work a little overtime on Jack Bauer’s next mission.

Kiefer Sutherland’s arrest early Tuesday on drunken-driving charges — his second in three years — is likely to take a heavy toll on the Emmy-winning star’s behind-the-wheel time.

Sutherland was arrested on misdemeanor driving under the influence charges after failing a field sobriety test. He exceeded the legal limit of .08, according to Los Angeles police. The actor, who had earlier attended a party to promote upcoming Fox series premieres, was stopped at 1:35 a.m. after making an illegal U-turn. He was released shortly before 6 a.m. after posting $25,000 bail.

Among the problems he’s facing: It’s his second DUI arrest, and Sutherland is still on probation for his 2004 conviction. That means that the California Department of Motor Vehicles will suspend his license for one year, says California attorney Steve Cron. “No driving at all. No exceptions.”

Sutherland’s ban from the roadways shouldn’t affect 24, which is scheduled for a seventh season premiere in January. Most driving scenes are done in a studio with the star in a vehicle and projections behind it to give the illusion of movement. Stunt drivers, who perform many of the exterior driving scenes, can do additional scenes to get a show around an actor’s inability to drive.

Fox had no comment Tuesday, but production won’t get hung up in the short term. Sutherland wasn’t due on the set Tuesday, but it’s too soon to know if possible jail time will conflict with future filming.

On top of DMV sanctions, Sutherland is facing “a lot of trouble” in the criminal courts, says Cron. In California, someone who gets a second DUI conviction within 10 years faces a mandatory five-year probation and minimum jail sentence of 96 hours (four days).

“That’s the minimum,” says Cron. “With a second conviction in less than three years, he’s likely to face a more severe sentence.”

Sutherland also will have to again face the judge who sentenced him to probation in 2004. “He will be charged with violating his probation. And that judge can impose more programs, community service or jail time,” says Cron.

On Nov. 2, 2004, Sutherland pleaded no contest to DUI; he was sentenced to 60 months probation and 293 hours of community service. The actor is due in court Oct. 16 on this week’s charges.

Former ‘SNL’ regular Tracy Morgan pleads guilty to DWI

Wednesday, February 27th, 2008

Tracy Morgan, a former Saturday Night Live regular who is featured on the show 30 Rock, pleaded guilty Wednesday to a misdemeanor drunken driving charge.

The 38-year-old comic pleaded guilty in Manhattan Criminal Court to driving while intoxicated in exchange for a conditional discharge. That means Morgan must meet conditions set by the court and the case against him will be dismissed.

Judge Ellen Coin ordered Morgan to enter a doctor-supervised alcohol program, do a period of community service to be determined later, and avoid being arrested again within the next six months.

The judge also fined Morgan $1,000 and suspended his driver’s license for six months. She scheduled the comedian’s sentencing for Aug. 16.

Morgan’s lawyer, Gerald Lefcourt, said he expected the community service to include his client’s lecturing to school groups about the evils of drunk driving.

Outside court, Morgan, who came to court in a taxi with wife Sabina, apologized for his behavior. “Drinking and driving is not cool,” he said, and he promised he would never be in that situation again.

The comedian left in a van that his lawyer, Gerald Lefcourt, said was driven by an employee of Morgan’s show.

Morgan was stopped Nov. 28, 2006, around 4:30 a.m. while driving a Cadillac Escalade on the Henry Hudson Parkway near West 158th Street. Police said he smelled of alcohol and later failed a breathalyzer test.

On Dec. 2, 2005, Morgan was arrested in Hollywood on impaired driving charges after police stopped him for speeding. Authorities there said his blood-alcohol level was 0.13%, over the legal limit of 0.08%. He leaded no contest to a misdemeanor charge and was sentenced to 36 months’ probation, fined $390 and ordered to attend an alcohol education program.

Morgan was a Saturday Night Live cast member from 1996 to 2003. He left the show to star in the now-canceled The Tracy Morgan Show, and is currently in 30 Rock.

Paris’ DUI pinch a boost to party image

Wednesday, February 27th, 2008

For most celebrities, getting smacked with a DUI is an instant image crisis. For Paris Hilton, it could be a career boost.

“Paris Hilton being arrested just makes her more famous,” said veteran publicist Michael Levine. “She has devoted her entire adult life to appearing to be the princess of parties.”

Hilton’s publicist, Elliot Mintz, confirmed the star’s festive nature Thursday: “She’s been known to have a drink or two.”

Hilton was arrested by Los Angeles police officers in Hollywood early Thursday on suspicion of driving under the influence. During the arrest she was briefly handcuffed. Hilton was booked at LAPD’s Hollywood station at 1:43 a.m. and released shortly afterward, said Nick Velasquez, a spokesman for the city attorney’s office.

This is Hilton’s first drunk-driving arrest, Mintz said, adding that he doesn’t expect the incident to hurt her image.

“The people who enjoy Paris as a comedian or actress on TV or as a singer on her CD, a woman who seems to have captured the imagination of so many people, I don’t know if this is going to have any impact on them one way or another,” he said. “But, of course, she regrets what took place.”

Hours after her release, Hilton defended herself to radio host Ryan Seacrest during his Thursday morning show on local station KIIS-FM.

“It was nothing,” said Hilton, 25.

The singer, actress, handbag designer and heiress to the Hilton hotel-chain fortune said she was “starving because I had not ate all day” and possibly “speeding a little bit” in her Mercedes-Benz SLR on her way to grab a bite.

“I was just really hungry and I wanted to have an In-N-Out burger,” said the one-time pitchwoman for Carl’s Jr.

Hilton, who made her singing debut last week with the release of her eponymous CD, said she spent Wednesday filming a music video and having dinner with her sister, Nicky, and some friends before heading to a charity event sponsored by rocker Dave Navarro.

Hilton said she had “one margarita” at the event.

Just last month, she told the Los Angeles Times that she “doesn’t like the taste of alcohol.”

“It grosses me out,” she said.

Hilton told Seacrest that police stopped her early Thursday for speeding.

An LAPD spokeswoman said Hilton was driving erratically.

“Officers observed the vehicle driving in an erratic manner so they pulled the car over,” officer Marjan Mobasser said Thursday.

Hilton’s blood-alcohol level was .08% — the minimum to warrant an arrest, Mintz said.

The arresting officers were “really nice,” Hilton said.

“There was a lot of paparazzi around so I think they were trying to make a statement,” she told Seacrest. “Everything I do is blown out of proportion and it really hurts my feelings.”

Hilton is expected to be arraigned Sept. 28, said Velasquez of the city attorney’s office. Penalties for a first drunk-driving arrest typically include a fine, probation, an alcohol-rehabilitation program, license suspension and “other DUI-related conditions” such as community service, he said.

LAPD officials said they will not release Hilton’s arrest report or her mug shot.

Ex-’Apprentice’ acknowledges DWI arrests

Wednesday, February 27th, 2008

Raj Bhakta, the aspiring apprentice turned aspiring politician, acknowledges that he has been arrested twice on drunken driving charges.

Bhakta, who was fired by Donald Trump during the second season of the NBC reality show The Apprentice, is the Republican challenging Democratic U.S. Rep. Allyson Schwartz for a seat representing suburban Philadelphia.

Bhakta on Friday confirmed the authenticity of a June 1997 arrest report posted on “The Smoking Gun” website. He also disclosed that he had a second such arrest in Colorado.

The 1997 report said Bhakta was arrested in Brookline, Mass., after an officer stopped him for having no license plate. He agreed to undergo an alcohol-education program and pay a $35 fine, according to Smoking Gun.

The second arrest occurred when Bhakta lived in Vail, Colo., in 2004. Bhakta would not discuss details but said the case was dismissed.

Bhakta, 30, said he was ashamed of his “irresponsible” actions.

“Politicians today need to come clean,” Bhakta said. “I ask for the forgiveness and understanding of the voters, while giving them my solemn pledge that this behavior will not happen again.”

Schwartz had no comment, a spokeswoman said.

Lindsay Lohan’s father arrested on DWI charge after crash

Wednesday, February 27th, 2008

The father of teen movie star Lindsay Lohan was arrested Saturday following a fiery car crash and charged with driving while intoxicated, police said.

A car driven by Michael Lohan, 44, left a road and struck a utility pole shortly after midnight in the Long Island town of Syosset, said Nassau County Police Sgt. Patricia Scalzo.

Lohan, of Laurel Hollow, was the only occupant of the vehicle. He got out before it burst into flames and was not injured.

Police charged Lohan with driving while intoxicated and driving without a license. Lohan did not comment as he was taken from police headquarters to a court appearance.

It was the latest in a series of scrapes with the law for Lohan, whose 18-year-old daughter starred in films including “Parent Trap,” “Mean Girls,” “Confessions of a Teenage Drama Queen” and “Freaky Friday.”

In December, he pleaded guilty to several charges, including assaulting a brother-in-law at his son’s communion party, and was ordered into drug and alcohol treatment and therapy. He also was arrested last June for allegedly skipping out on a $3,800 bill for several suites at a hotel.

After his estranged wife filed for divorce, he held a news conference earlier this month to proclaim his problems with substance abuse were over.

His attorney, Dominic Barbara, had no comment when contacted Saturday morning.

Country singer Morrow charged with DWI

Wednesday, February 27th, 2008

Country singer Cory Morrow was charged with drug possession and driving while intoxicated after police said they found cocaine in a car he was driving.

Morrow, an Austin resident and favorite with the Texas college crowd, was stopped early Saturday morning after he didn’t signal a turn, according to a police affidavit.

The officer reported that Morrow’s breath smelled of alcohol and his eyes were bloodshot. Morrow was arrested after failing a field sobriety test, and a plastic bag in the car contained one-third of a gram of cocaine, the affidavit said.

Morrow, 32, was charged with possession of a controlled substance, a felony with a maximum penalty of two years in state jail. He also was charged with driving while intoxicated, a misdemeanor that carries a jail term of up to 180 days.

He was released from jail on $4,000 bail.

Tour manager Dave Lytle didn’t immediately return a message left Thursday by The Associated Press.



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