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...
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...
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.
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...
The 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...
