Dismissed Tax Fraud Charges Against My Client Also Covered by WGRZ

May 21, 2015  |  CRIMINAL, IN THE NEWS, TAX ISSUES  |  Share
Dismissed Tax Fraud Charges Against My Client Also Covered by WGRZ

WGRZ also covered the New York State’s Tax Department’s false accusation that my client Gail Villani failed to pay half a million dollars in sales taxes owed by her Gui’s Lumber stores. As I noted in the post above, after an investigation by the tax department found she did not owe money and in fact had overpaid, the charges were dropped. But the charges against Ms. Villani did not come without a price. As I told WGRZ, “To have this hanging over her head, felony charges, she had banking institutions that cutoff her line of credit, she had friends and family members that did not understand how she could be under felony criminal charges." See the video above for the full interview.

Is Treatment Likely for a Buffalo Arson Suspect Who May Be Mentally Ill?

May 13, 2015  |  CRIMINAL, IN THE NEWS  |  Share

WGRZ reports Myweh Harris, who is accused of setting fire to a house on Buffalo’s East Side, may have untreated mental illness. This is according to her father, Huey Hornsby, who told WGRZ, "I have been trying to get help for this young lady for the last year. I'm stressed out about this young lady because she's my daughter. I love her, but I can't do anything to help her because she's an adult." Ms. Harris’s family told WGRZ she has refused medical assistance in the past. Asked for my comments, I told WGRZ, "If the adult does not want to have mental health treatment, it's very difficult to get that treatment and to get some type of crisis intervention to get them evaluated. Two experts have to sign off and say that the adult individual is an immediate threat to themselves or others." According to her family, this determination has...

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Just-Released Records Show Lack of Judicial Oversight in Sheriff’s Cell Phone Spying

April 7, 2015  |  CRIMINAL, IN THE NEWS  |  Share

Buffalo, NY’s WGRZ reports newly released records suggest the Erie County Sheriff’s Office obtained little judicial oversight for its controversial cell phone spying program. This information contradicts public statements made by Sheriff Tim Howard, who reported that deputies received court orders prior to using the surveillance devices, commonly referred to as Stingray technology, in criminal matters. A judge required that the records be released to the New York Civil Liberties Union. The Sheriff’s Office tried for months to block the documents’ release. I told WGRZ I find these developments disturbing. "No one wants to shut the program down, not even us defense lawyers. All we want, though, is for the sheriff to comply with the U.S. and state constitutions and New York State laws and go before a judge—unless there's not enough time—and get a judicial warrant."

April Fool’s Day Prank Gone Bad Leads to NFTA Investigation

April 2, 2015  |  IN THE NEWS  |  Share
April Fool’s Day Prank Gone Bad Leads to NFTA Investigation

Niagara Frontier Transit Authority police are investigating a girl for an irresponsible April Fool’s Day joke she pulled yesterday. According to police, a woman called 911 to report that she received a call from her daughter saying she had been shot at the LaSalle Avenue metro station in Buffalo. Moments later, the girl called her mother again and confessed that it was a prank. The mother notified the NFTA police right away, but officers had already begun investigating the matter. Now police say they may charge the girl. I provided a legal analysis of the situation for WGRZ; click on the video above for the interview.

Arizona Coyotes Radio Commentator Arraigned in Buffalo on Numerous Charges

March 27, 2015  |  CRIMINAL, IN THE NEWS  |  Share
Arizona Coyotes Radio Commentator Arraigned in Buffalo on Numerous Charges

Nick Boynton, the Arizona Coyotes' radio commentator and a former NHL player, appeared for arraignment in Buffalo City Court on multiple charges following an incident at Seneca Buffalo Creek Casino. Buffalo police said Mr. Boynton was abusive to casino patrons and security personnel, damaged casino property, and bit the hand of a police officer who tried to subdue him. WGRZ asked for my analysis of the incident. Click on the video above for the interview.

Will Sheriff’s Use of Cell Phone Spying Lead to Reopened Criminal Cases?

March 18, 2015  |  CONSTITUTIONAL, CRIMINAL, IN THE NEWS  |  Share
Will Sheriff’s Use of Cell Phone Spying Lead to Reopened Criminal Cases?

A New York State Supreme Court ruling is requiring the Erie County Sheriff’s Office to turn over documents related to the office’s cell phone spying program, which uses controversial Stingray and Kingfish technology. I provided analysis about the program and the impact that the information’s release may have on dozens of Western New York criminal cases. Click on the video above for the full interview.

Attica Guards’ Plea Deal Means No Jail Time for Inmate’s Beating

March 2, 2015  |  APPEALS, CRIMINAL, IN THE NEWS  |  Share
Attica Guards’ Plea Deal Means No Jail Time for Inmate’s Beating

WGRZ invited me to their studios to discuss the plea deal reached by former Attica prison guards Sean Warner, Keith Swack, and Matthew Rademacher. The guards were charged with a felony gang attack on inmate George Williams in 2011, breaking the inmate’s shoulder, both ankles, and an eye socket. Under the deal, the guards pled guilty to misdemeanor charges of official misconduct and received promises they would get no jail time. Click on the video above for the interview.

Buffalo Schools Board Member Carl Paladino Threatens Legal Action Over Charges He Calls Slanderous

February 26, 2015  |  CONSTITUTIONAL, IN THE NEWS  |  Share
Buffalo Schools Board Member Carl Paladino Threatens Legal Action Over Charges He Calls Slanderous

WGRZ’s Kelly Dudzik asked for my analysis on Buffalo School Board member Carl Paladino’s threat to take legal action against three fellow school board members and the district’s general counsel. Mr. Paladino says they are slandering him with accusations that he is racist and sexist. As reprehensible as it is in his eyes that he's being called racist, discriminatory, or sexist, it's a very high standard for him to prove should he end up with a trial. Click on the video above for my full analysis.

Family of November Storm Victim Donald Abate Files Notice of Claim Against County

February 25, 2015  |  IN THE NEWS  |  Share
Family of November Storm Victim Donald Abate Files Notice of Claim Against County

The family of Donald Abate, one of the 13 people who died as a result of the November 2014 snowstorm that overwhelmed parts of Western New York, filed a notice of claim against Erie County. The claim states county emergency crews neglected pleas for help from Mr. Abate, who had pulled over due to the hazardous road conditions, and his family. AAA attempted to respond to the calls for help but was prevented from reaching the stranded motorist. WGRZ asked my opinion about the family’s notice of claim. Click on the video above for the interview.

Parents Sentenced in Daughter’s Death After Failing to Obtain Medical Treatment for Her

February 6, 2015  |  CRIMINAL, IN THE NEWS  |  Share
Parents Sentenced in Daughter’s Death After Failing to Obtain Medical Treatment for Her

Even after repeated admonitions to obtain medical treatment for their daughter Marissa, Jeremy and Astrid Ikeler failed get her treatment, which led to the 15-year-old’s death of a seizure in January 2014. The father pled guilty to criminally negligent homicide and will serve up to four years in state prison. His wife, who pled guilty to attempted criminally negligent homicide, was granted a one-year conditional discharge. Click on the video above for my comments on the parents’ role and sentences.