Chad Kelly, the nephew of Buffalo Bill’s Hall-of-Famer Jim Kelly, was arrested outside a Buffalo bar last weekend after a fight with bouncers. Kelly, who just signed on with the University of Mississippi as quarterback, is charged with assault, criminal mischief, harassment, and other charges. WGRZ asked me for legal analysis of a 30-second video of the altercation. Click on the video above for my evaluation.
While prosecutors typically present their cases and ask grand juries for indictments, this was not done effectively in Ferguson, Missouri, and Staten Island, where grand juries recently failed to indict the police officers who caused the deaths of unarmed suspects Michael Brown and Eric Garner. I spoke with Buffalo Law Journal editor and reporter Michael Petro about this breakdown in the justice system for his article “Brown, Garner Cases Raise Questions.” Discussing what appear to be improperly built cases by the prosecution, Mr. Petro quotes me saying, "In both of these cases, the prosecution has stated that they did not walk in with an organized case. They basically walked in and said, 'Here's all of the evidence—knock yourself out.' " Because of that, I note that “the grand juries were given the message that these cases were treated differently than others. In 99 percent of cases, the process is meant for a prosecutor...
Read MoreThe recent failure of grand juries in St. Louis County, Missouri, and Staten Island, New York, to indict police officers accused of killing suspects has people across the country questioning whether the grand jury system needs to be changed. In both of these cases, race was an issue, as the officers were white, and the men who died were black. Do police receive special treatment from prosecutors, and what role does race play? I address these issues with WGRZ’s Claudia Ewing; click on the video above.
Iver Phallen, a retired Lewiston businessman, recently pleaded guilty to a 122-count indictment in Niagara County Court. He is accused of terrorizing young women in his home using a torture chamber he devised. The indictment covers only two alleged victims, but NBC news affiliate WGRZ reports that more victims may come forward. I spoke with WGRZ’s Mary Alice Demler about the charges against Phallen.
Jeffrey Basil, the former manager of Molly’s Pub in Buffalo, NY, stands accused of murdering Bill Sager, a local air national guardsman, after allegedly pushing Sager down the bar’s stairs in May. Sager suffered a severe head injury and died weeks later. With his attorney, Joel Daniels, Basil is trying to have the highest charged against him, intentional murder in the second degree, dropped. WGRZ’s Scott Levin asked me for an analysis of their strategy. Click the video above for the full report.
Two nurse assistants at Erie County Medical Center were recently charged with neglect of an elderly patient who suffered from Alzheimer's and dementia. There are reports of video evidence that support the charge of neglect by the two nurse assistants. WGRZ interviewed me for perspective on nurse neglect and abuse. Click on the video above for the full report, including my analysis.
The International Business Times sought comments from me for an article about police departments in 18 states using technology called "Stingray" to track individual cell phones. This quote is from the article: “I think what scares citizens the most is either the intentional or unintentional statements about this technology made by the authorities,” said Barry Covert, a Buffalo, New York, attorney who criticized the local police for relying on Stingrays for everyday investigations. “Now people who are not the target of these investigations have been compromised, and we’re relying on the discretion of the law enforcement agency without any judicial approval or supervision. The Fourth Amendment doesn’t say you can take all this information and comb through it later.” The article notes that Stingray is intended to be used in the local war on terror, but that it is also being used for drug-crime and other non-terrorism investigations. Police departments told The Times they aren't allowed to...
Read MoreThe recent news of child abuse allegations against NFL running back Adrian Peterson has raised several moral and legal questions. Is it legal to spank a child? Can a parent discipline a child by hitting them? What does the law consider to be child abuse? Does New York State's laws on child abuse differ from other states? I address this questions in an interview with WGRZ's Claudine Ewing in her report on how the Adrian Peterson case stirs the conversation on child discipline. Click the video above to watch my legal analysis on child abuse laws.
A Yemen-born man who was resided in Rochester was indited on Tuesday. He is accused of recruiting for the terrorist organization, the Islamic State, also known as ISIS. While the terror charges the suspect faces are serious, he is also charged with additional substantive crimes. NBC News affiliate WGRZ aired a detailed report on the suspect, including an interview with me for some legal analysis on the case. Click on the video above to hear my commentary on the statute being used in this case as well as the potential jail time the suspect faces just for gun charges and other crimes.
I recently wrote a guest column for the Buffalo Law Journal. It seems news headlines continuously include an individual or organization potentially in trouble for a "cover-up." In my White Collar Criminal Defense practice, I often find real consequences arise due to an attempted cover-up of a situation. To read my guest column, which details what qualifies as a cover-up and how to protect yourself, click here for the article on the Buffalo Law Journal's website or click on the image below to read the column as it was published in the Buffalo Law Journal's print edition.
