I think I’m with the judge on this one, even if the state supreme court said he screwed up.

Municipal Court Judge Emery Toth was reprimanded last month for violating the New Jersey Code of Judicial Conduct by "speaking disrespectfully and intemperately to a litigant" and for abusing his contempt power by throwing the litigant in jail after he responded.  The litigant had escalated matters, though, by using certain well-known gestures and that time-honored salute, the "raspberry."

The defendant, a cab driver named Esmanuel Buldoni (a.k.a., oddly, "Luis Martinez"), had been charged with three traffic violations.  He was in prison at the time of his arraignment, possibly because he had failed to show up for a prior court date, and so the exchange took place over a video link to the courtroom.  After Buldoni pleaded not guilty, he and the judge got into a dispute over why exactly Buldoni was in prison at the time.  After a short exchange, Judge Toth ended the argument.  "I don’t want to have an Oprah Winfrey conversation with you," he said.  "All right? . . . I’ll give you a trial date next week.  See you around.  Goodbye."

According to Toth, Buldoni then made the "raspberry" sound and gestured with his middle finger in a way that Toth said he interpreted as meaning "kiss off."  The kiss-off does not seem to have been a big deal, but the raspberry was not to be endured:

http://www.law.com/newswire/cache/1202433825070.html

Posted: Oct 16, 2009 8:02 AM EDT Friday, October 16, 2009 8:02 AM EST

Ken Taylor

By ERICA ESTEP
6 News Anchor/Reporter

ROGERSVILLE (WATE) — A Hawkins County jury is scheduled to begin deliberations Friday morning in the trial of a Morristown man accused of strangling his foster son.

Ken Taylor is accused of intentionally choking to death his foster son, Jordan Shelton, 16, in October 2007. His defense attorney has said Taylor was defending himself and the death was accidental.

Taylor is charged with first degree murder, but the jury could find him guilty of a lesser charge, including:

• Second degree murder
• Involuntary manslaughter
• Reckless homicide
• Criminally negligent homicide
• Attempted aggravated child abuse
• Attempted aggravated assault
• Aggravated child abuse
• Aggravated assault
• Reckless aggravated assault
• Reckless assault
• Assault
• Child abuse

In its closing statement to the jury Thursday, the state said Taylor strangled Shelton for three to five minutes and continued to apply pressure after he was limp.

Defense attorney Herb Moncier argued that Taylor had a right to restrain the out-of-control teen and protect himself, his family and his property when Shelton knocked him down.

http://www.wate.com/Global/story.asp?s=11325572&clienttype=printable

or civil liberties – derive themselves in the original Bill of Rights, the first ten amendments to the Constitution, and have been expanded since with the several amendments to the Constitution, most notably the 13th through 15th Amendments, though many might argue that for the first time in American history, our civil liberties are no longer expanding, but might, in fact, be narrowing with the Patriot Act. Civil liberties deals primarily with those constitutional amendment that give Americans the right to freedom of religion, speech, to peaceably assemble, to carry arms, to be free of discrimination, and the rights to be free of search or seizures without probable cause. Each of these will be discussed in further detail in other sections.

http://www.legal-definitions.com/civil-rights-law/civil-rights-overview.htm

Title 18, U.S.C., Section 241
Conspiracy Against Rights

This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).

Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.

http://www.fbi.gov/hq/cid/civilrights/statutes.htm

Nashville, Tennessee – DHS Case Manager Charged with Rape by Coercion | DUI Checkpoints & Crime on the Road

KNOXVILLE (WATE) — The jury has found Letalvis D. Cobbins guilty of the murders of Channon Christian and her boyfriend, Christopher Newsom, in 2007.

Cobbins faces the possibility of the death penalty because he was convicted of facilitation of first degree felony murder in 35 counts.

The jury found Cobbins not guilty of five counts including the murder of Newsom during his rape, the murder of Christian during Newsom’s rape and three counts of aggravated rape of Newsom.

The jury will return Wednesday at 9:00 a.m. for the sentencing hearing.

The jurors worked about 10 hours Monday and on Tuesday morning before reaching a verdict. They never asked Judge Richard Baumgartner any questions during their deliberations.

About the jury and the charges

The jury is made up of six women and six men. Six are black, five are white and one is Asian.

The jurors had 18 counts of murder alone to consider in this case. They had to reach a verdict on each count. Click here to read the verdict forms.

The jury in this case is also the sentencing jury and it has the final say on the sentence.

If jurors couldn’t agree on the death penalty sentence, they could discuss lesser sentences such as life without parole.

Families grateful for verdict

After the verdict was announced, Deena Christian said, "I’m very relieved and very grateful," adding "A guilty for one was a guilty for both."

Deena said she felt Channon and Chris "both got justice today." Before the first verdict was read, she said, "I don’t even know if I was breathing."

She said despite her belief that the jury would find Cobbins guilty, "You never know what’s in someone else’s mind and heart."

Deena said no matter what sentence the jury gives Cobbins, "It won’t make a difference to me." She added that the sentencing will be difficult.

"I feel sometimes that someone somewhere is holding me up because I couldn’t do it on my own," Deena said.

About the crimes

The other suspects who are charged with murder in the case are: Lemaricus Duvall Davidson (Cobbins’ half brother), George Giovanni Thomas and Vanessa Coleman, who was Cobbins’ girlfriend.

Those three could also face the death penalty if they’re convicted. They’re being tried separately.

http://www.wate.com/Global/story.asp?s=10984873

http://www.wate.com/Global/story.asp?s=10984873&clienttype=printable 

Letalvis Cobbins found guilty in Christian – Newsom murders

Posted: wnRenderDate(‘Tuesday, August 25, 2009 6:50 AM EST’, ”, true); Aug 25, 2009 6:50 AM EDT Tuesday, August 25, 2009 6:50 AM EST Updated: wnRenderDate(‘Tuesday, August 25, 2009 12:30 PM EST’, ”, true); Aug 25, 2009 12:30 PM EDT Tuesday, August 25, 2009 12:30 PM EST

Letalvis Cobbins

KNOXVILLE (WATE) – The jury has found Letalvis D. Cobbins guilty of the murders of Channon Christian and her boyfriend, Christopher Newsom, in 2007.

Cobbins faces the possibility of the death penalty because he was convicted of facilitation of first degree felony murder in 35 counts.

The jury found Cobbins not guilty of five counts including the murder of Newsom during his rape, the murder of Christian during Newsom’s rape and three counts of aggravated rape of Newsom.

The jury will return Wednesday at 9:00 a.m. for the sentencing hearing. 

The jurors worked about 10 hours Monday and on Tuesday morning before reaching a verdict. They never asked Judge Richard Baumgartner any questions during their deliberations.

About the jury and the charges

The jury is made up of six women and six men. Six are black, five are white and one is Asian.

The jurors had 18 counts of murder alone to consider in this case. They had to reach a verdict on each count. Click here to read the verdict forms.

The jury in this case is also the sentencing jury and it has the final say on the sentence.

If jurors couldn’t agree on the death penalty sentence, they could discuss lesser sentences such as life without parole.

Families grateful for verdict

After the verdict was announced, Deena Christian said, “I’m very relieved and very grateful,” adding “A guilty for one was a guilty for both.”

Deena said she felt Channon and Chris “both got justice today.” Before the first verdict was read, she said, “I don’t even know if I was breathing.”

She said despite her belief that the jury would find Cobbins guilty, “You never know what’s in someone else’s mind and heart.”

Deena said no matter what sentence the jury gives Cobbins, “It won’t make a difference to me.” She added that the sentencing will be difficult.

“I feel sometimes that someone somewhere is holding me up because I couldn’t do it on my own,” Deena said.

About the crimes

The other suspects who are charged with murder in the case are: Lemaricus Duvall Davidson (Cobbins’ half brother), George Giovanni Thomas and Vanessa Coleman, who was Cobbins’ girlfriend.

Those three could also face the death penalty if they’re convicted. They’re being tried separately.

http://www.wate.com/Global/story.asp?s=10984873

Incident Appears to be Murder-Suicide

Updated: Monday, 03 Aug 2009, 10:18 AM CDT
Published : Sunday, 02 Aug 2009, 10:09 PM CDT

• FOX13 Memphis