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11
Oct 2011
Posted by Anthony Rubino
1 comment

Two men sentenced to probation in theft of Apple’s lost iPhone 4 prototype

It all started back in March of 2010 when Robert Gray Powell, an Apple engineer, was celebrating his 27th birthday at Gourmet Haus Staudt, a German beer garden in Redwood City, California.  The beer garden was located approximately 30 minutes away from Apple’s headquarters in Cupertino, California.  Powell apparently had an iPhone 4 prototype in his possession for testing and accidentally left it at the beer garden.

Brian Hogan, (pictured) found the iPhone 4 prototype at the beer garden and took it home.  He then contacted his friend, Sage Wallower who helped Hogan try to sell the phone to different tech blog sites.  Both were formally charged with misdemeanor theft in August of 2011.

Today both Hogan and Wallower plead no contest to theft of lost property and each were sentenced to one year of probation, 40 hours of community service and $250 in restitution to Apple.  The district attorney had asked for jail time for the pair.  The presiding  judge opted for a lesser punishment in part because Wallower had served in the United States Navy and Hogan was taking classes at San Jose State.  Both defendants did not have any prior criminal records.

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Posted in: Probation, Sentencing, Theft Crimes

26
Aug 2011
Posted by Anthony Rubino
Comments Off on Criminal Law Update

Criminal Law Update

Casey Anthony reports to probation

Casey Anthony reported to probation on Wednesday in Orlando, Florida and began her 1 year term of probation for her check fraud case.  A spokesperson for the Department of Corrections said that Anthony was cooperative and polite and met with her new probation officer for over an hour.  The spokesperson said that Anthony told her probation officer that she intended to do well on probation and that she pledged to satisfy her conditions of her probation.  Due to numerous death threats to Anthony, the Department of Corrections said they would not reveal her location or the county where Anthony will serve the probation.

 

Couple in pet python case sentenced

Charles Darnell, 34, and live in girlfriend, Jaren Hare, 21, were sentenced to 12 years in state prison on manslaughter and child neglect charges.  They were found guilty in July by a Jury in Orlando, Florida, for failing to protect Hare’s daughter from their 12 foot long albino Burmese Python.  The snake had not been properly secured in its cage and was able to escape.  It entered the child’s room and wrapped around the child ultimately strangling her to death.

The couple’s lawyers blamed the not guilty verdict in the Casey Anthony trial for the guilty verdict in their clients case.  Darnell’s attorney said, “I don’t think after watching one Central Florida accused child killer walk free … that they wanted that to happen to anyone else accused [in a child killing] whether they fully believed the case was proven to them beyond a reasonable doubt or not.”

The couple will serve their 12 year sentence followed by 5 years of probation.

Our original blog post on this case can be seen here.

 

Strauss-Kahn has his French passport back

Dominique Strauss-Kahn had dinner in New York Thursday night and is planning a visit to the International Monetary Fund (IMF) in Washington D.C. early next week.  Strauss-Kahn wants to personally say goodbye to his staff at the IMF.

He will then return to his home in France for the first time since May.

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Posted in: Criminal Law Update, Probation, Release from Custody, Sentencing

12
Aug 2011
Posted by Anthony Rubino
Comments Off on Judge rules Casey Anthony must return to Orlando and serve 1 year of probation

Judge rules Casey Anthony must return to Orlando and serve 1 year of probation

A week after  hearing arguments from both the prosecution and the defense and with input from the Department of Corrections, Judge Belvin Perry has ruled that Casey Anthony must return to Orlando on or before August 26th to begin serving one year of probation for her check fraud case.  Her probation will begin as soon as she reports.  In support of his order, Judge Perry wrote, “It is clear the court stated the defendant’s probation was to start once she was released from jail.”  He continued, “To permit the Defendant, whose counsel was well aware that the probation was to begin upon the Defendant’s release from jail, to avoid serving probation now, would take a lawfully imposed sentence and make it a mockery of justice.  This would allow a defendant to take advantage of a scrivener’s error and be rewarded. This is not the message the courts want to send to the public or defendants.”

Judge Perry did make an exception to Anthony’s probation.  He authorized the Department of Corrections to keep her address private while she is on probation.  In support of this he wrote, “This Court is very mindful that it is a high probability that there are many that would like to see physical harm visited upon the Defendant.”

The complete order may be seen here: Order denying defense’s motion to quash, vacate and set aside court’s order of probation.

Will the defense appeal this ruling or will Casey Anthony report as directed?  Stay tuned…

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Posted in: Probation

05
Aug 2011
Posted by Anthony Rubino
Comments Off on Judge Belvin Perry says issue of whether Casey Anthony must return to serve a year of probation on her check fraud case is “a mess”

Judge Belvin Perry says issue of whether Casey Anthony must return to serve a year of probation on her check fraud case is “a mess”

“If anything could go wrong, it went wrong here.”  That is what Judge Belvin Perry said after hearing over an hour of arguments from both prosecution and defense attorneys.  Judge Perry ended the hearing without a ruling.  The Judge said he needed more time to decide whether or not Casey Anthony must return to serve 1 year of probation on her check fraud case.  He did not say when he expected to have a ruling.

At the hearing, defense attorneys argued that Anthony had already served her term of probation while she was incarcerated.  Therefore, if she were required to serve probation now, it would constitute double jeopardy.  The defense further argued that any amendment to Anthony’s sentence must have been done within 60 days of her original sentence back in January of 2010 and that the court now lacked jurisdiction to go back and change or modify the order.

Department of Corrections officials explained that they believed the sentence required Anthony to serve the probation while she was in jail awaiting her murder trial and that she had, in fact, completed her probation.

The prosecution argued that the failure by the Trial Judge to put the words, “upon release” was a scrivener‘s error and therefore could be amended by the Judge without causing double jeopardy.

Judge Perry called the case, “a legal morass” and “a mess.”  To be continued…

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Posted in: Probation

03
Aug 2011
Posted by Anthony Rubino
Comments Off on Stay issued on order requiring Casey Anthony to report to probation

Stay issued on order requiring Casey Anthony to report to probation

The order issued on Monday by Judge Stan Strickland requiring Casey Anthony to report in person to probation in Orlando by Thursday has been stayed by Judge Belvin Perry.  Judge Strickland’s order reassigned the matter to Judge Perry so he will be the one who ultimately decides Anthony’s probationary fate.  The Judge has scheduled a hearing on Friday morning at 9am to address the issue.

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Posted in: Probation

01
Aug 2011
Posted by Anthony Rubino
Comments Off on Casey Anthony ordered to serve probation in check fraud case

Casey Anthony ordered to serve probation in check fraud case

Orlando Circuit Court Judge Stan Strickland has signed an amended court document ordering Casey Anthony to serve one year of supervised probation on her check fraud case number 2008-CF-013331-A-O.  Under the order, Casey Anthony must report to Orange County within 72 hours.

On January 25, 2010, Anthony was sentenced on 13 counts of fraud while she was in jail pending her trial for the murder of her daughter, Caylee Anthony.  At that time, the sentence was 412 days in jail with credit for time served of 412 days, 1 year probation and court costs.  The original document sentencing Anthony back in Jan did not have the important words, “upon release” after the imposed requirement of 1 year of probation.

The new order by Judge Strickland, imposes 1 year of probation, $20 per month in cost of supervision and $348 in court costs.  Additionally, Anthony may not leave Orange County Florida without the permission of her probation officer.

The order can be seen here: Casey Anthony – Order

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Posted in: Probation, Sentencing, Theft Crimes