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.

Guns America’s S. H. Blannelberry and I Discuss New York’s SAFE Act and Orders of Protection

February 5, 2015  |  CONSTITUTIONAL, IN THE NEWS  |  Share

Reporter S. H. Blannelberry of Guns America and I spoke recently. Click on the video above for the full interview. In his introduction to the video, S. H. Blannelberry says: "Probably the most enlightening conversation I had at SHOT Show 2015 was with Barry Covert, an attorney from Buffalo, New York, who specializes in Constitutional law, including the First and Second Amendments. We started out discussing the draconian New York SAFE Act, which was rammed through the state Legislature by Gov. Andrew Cuomo in the wake of the mass shooting at Sandy Hook Elementary School in Newtown, Connecticut. The SAFE Act is a disaster. It’s no secret. And its dysfunction is something I’ve covered on numerous occasions. The question I had for Barry is whether the citizens of the Empire State have any chance of repealing the law or getting a judge or court to declare that it is unconstitutional? Barry’s a realist. He...

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After Years of Rumors, Former NYS Assembly Speaker Silver Faces Serious Charges

February 2, 2015  |  CRIMINAL, ETHICS, IN THE NEWS  |  Share

Sheldon Silver, who served as speaker of the New York State Assembly for two decades, was arrested January 22 on charges that include mail and wire fraud, conspiracy to commit fraud, using his official position to commit extortion, and extortion conspiracy. While we have only heard one side of the story so far, if true, these are damning allegations. And after hearing rumors of corruption for years—and a criminal complaint saying he’s been doing this for 15 years—why did it take so long? Buffalo Law Journal interviewed me recently on Silver's arrest. "While it's unlikely that Silver, if convicted, will face all of the time possible, given the amount of money and the significance of the charges, along with other allegations involved, he could be looking at a significant amount of jail time," I told the Law Journal. "Historically, public corruption cases have been difficult for prosecutors to prove. They need an...

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How Is the Supreme Court Likely to Rule on States’ Authority to Regulate Gay Marriage?

January 16, 2015  |  CONSTITUTIONAL, IN THE NEWS  |  Share
How Is the Supreme Court Likely to Rule on States’ Authority to Regulate Gay Marriage?

While same-sex marriage is currently legal in 36 states and Washington DC and recognized by the federal government, the 6th Circuit Court of Appeals recently upheld a ban on gay marriage, allowing states within that jurisdiction to not recognize these unions. Given this environment, the Supreme Court seems to be on the verge of creating a uniform national playing field for same-sex spouses. Click on the video above for my take on this polarizing topic.