Outrageous Prosecution: The Eric Rinehart Story

Asst. U.S. Attorney DeBrotas predecessors

Eric Rinehart, a 34-year-old police officer in  Middletown, Indiana, began consensual sexual relationships with two young women, ages 16 and 17. Rinehart was going through a divorce at the time, and in Indiana, he was doing nothing illegal, for 16 is the age of consent in the Hoosier state? Unethical? I tend to think so, but that isn’t part of the story.

One of the girls told Rinehart that she had posed for erotic photos for an earlier, presumably younger boyfriend, and suggested that she do the same for him. So Rinehart gave her his camera, with which she took the lascivious photos. This inspired Rinehart to take some more sexy photos and at least one video of both girls, which he downloaded to his computer.

For this, Rinehart was convicted on two federal charges of producing child pornography. Continue reading

“Harry’s Law” Is A Legal Ethics Mess

When it comes to legal ethics, "Harry" is no straight-shooter.

As I have noted before, TV has one of its more ethically-sophisticated legal dramas to date in CBS’s “The Good Wife.” Oh, the lawyers (and their investigators) are frequently unethical, all right, but the show has seldom represented unethical conduct as ethical, or implied that it would be defensible if it came to the attention of the bar. In contrast, the new NBC Kathy Bates drama “Harry’s Law” has already ticketed itself for the Dumb Lawyer TV Show Hall of Shame, grossly misleading its audience about what constitutes a lawyer’s ethical duties. (Other recent admittees to the Hall: James Woods’ “Shark,” the Kathleen Quinlan drama “Family Law,” Steven Bochco’s embarrassing “Raising the Bar,”and every legal show created by David Kelley.) Continue reading

Home-Grown Mengeles, And What We Must Learn From Them

Josef Mengele: researcher, utilitarian, monster

We knew, or should have known, that this extremely ugly shoe was bound to drop eventually.

Last autumn, when the U.S. apologized for federal doctors infecting prisoners and mental patients in Guatemala with syphilis 65 years ago, it put us on notice that a vile and unethical cultural standard had taken hold of the American medical and scientific communities in the 20th century, one that held  it was “right” for the weakest, most powerless and most disposable of human beings to be tricked, coerced or bribed into serving as subjects for experiments that could lead to miraculous cures and treatments for the rest of the population. This–depriving human beings of their rights and lives in the interest of science—is “the ends justify the means” at its worst. But the Guatemala experiments proved that this was once flourishing and respectable in the U.S. scientific and medical research communities, so it would have been surprising if there weren’t more stories of home-grown Mengeles, and sure enough, there were. The U.S. acknowledged as much when it apologized for the Guatemalan tests. Now we have details. Continue reading

Rep. Paul Broun: Failing the Duty to Confront and Failing America

"Who's going to shoot Obama?"

Conservative Rep. Paul Broun,  one of President Obama’s toughest critics, was holding a town hall meeting this week and received this question from an elderly supporter: “Who’s going to shoot Obama?”

The audience laughed (With embarrassment? With enjoyment at the thought?) and Broun chuckled. (Nervousness? Amusement?)  Then he said:

“The thing is, I know there’s a lot of frustration with this president. We’re going to have an election next year. Hopefully, we’ll elect somebody that’s going to be a conservative, limited-government president that will take a smaller, who will sign a bill to repeal and replace Obamacare.”

Wrong answer. Continue reading

Obama’s DOMA Decision: Ethical?

The talk show guest was fuming. “It’s a power grab,” he said, referring to President Obama’s decision that his Justice Department would no longer defend legal attacks on the Defense of Marriage Act, because he regarded the federal ban on gay marriage unconstitutional. “Worse yet, it’s a violation of his oath to defend the law of the land!”

AHA! An ethical argument to go with the legal and political ones! Is Obama violating his oath, which would be a breach of his duties of loyalty, responsibility, honesty and integrity? Continue reading

When Satire Is No Excuse: The Jeff Cox Affair

Now if Cox came to work like this, I take it all back...

Indiana deputy attorney general Jeff Cox tweeted “use live ammunition” in response to a tweet by progressive magazine Mother Jones that riot police had been ordered to remove union supporters from the Wisconsin state Capitol in Madison. Mother Jones published the tweet as evidence of what it believes is the predominant conservative mindset, and the progressive blogosphere was soon using his tweet as a rallying cry.

Cox was fired Wednesday. Quite correctly, too. Continue reading

“The Good Wife” Ethics: Sex With Clients Edition

Diane, Diane..what were you thinking?

Last night’s episode of TV’s smartest legal drama since the 1960’s, CBS’s “The Good Wife,” dealt with the “no sex with clients” ethics rule adopted by most states (but not Washington, D.C.!) in a continuing subplot about the budding romance between firm tigress-partner Diane Lockhart (Christine Baranski ) and ballistics expert Kurt McVeigh, played by Gary Cole. In the episode, entitled “Silver Bullet,” Lockhart decides to represent McVeigh when he is sued for millions.

That’s her first ethics mistake. Continue reading

The Conflict of Interest That Isn’t, But Looks Terrible Anyway

David Becker, the top lawyer at the Securities and Exchange Commission, is suddenly an embarrassment to his employers. He and his two brothers inherited more than $1.5 million in phony profits from their mother’s investment in $65 billion Bernard Madoff’s Ponzi scheme. Since the S.E.C. was famously asleep at its post regarding Madoff, its negligence and incompetence allowing him to destroy individual lives, charities and more, having a key lawyer at the regulatory agency profit from Madoff’s scheme, even by inheritance, looks corrupt and unconscionable.  Continue reading

When Law Professsors Attack!

On his excellent blog “The Ethical Lawyer,” Franco Tarulli sounds a perceptive, and unusual, ethics alarm.

On January 11, 2011, there was another botched police raid at the wrong house, this time in the San Francisco suburb of Castro. Police had apparently given a mistaken description of the house that was supposed to be raided when they sought the warrant. As a result, innocent law professor Clark Freshman was put in handcuffs and scared out of his wits, as police ignored his objections that they had the wrong house. Continue reading

What the Realtor Didn’t Tell You About Your New Home

"Conveys with property"

From the Boulder, Colorado real estate listings:

FOR SALE: $2,300,000

“Stunning, updated, classic Uni-Hill home. Elegance of past generations combined with modern updates make this home unique. Huge rooms, great light and an over-sized, gated lot on a fine street just a short walk from CU and Chautauqua. Beautiful high-end kitchen, a large terrace with a view and a master suite which encompasses the entire upper level and has stunning views. Nicely finished basement with high end finishes, wet bar & wine cellar. Too many features to mention in this beautiful home.”

One of those “features”: JonBenet Ramsey was found dead in that nicely finished basement, and was almost certainly murdered in the house.

Oh, that. Continue reading