What is Feticide?

Feticide qualifies as fetal homicide, and abortion laws have become entangled in the definitions of fetal homicide.  These laws range from state to state and nation to nation, but they don’t always relate to abortion. 

Fetal homicide can occur if a woman is a victim of a violent crime and the fetus is killed during the crime or as a result of the crime.  Pro-life advocates argue that fetal homicide addresses the behavior of a woman during pregnancy as well.  For example, pro-life advocates often argue that smoking, drinking, or using drugs during a pregnancy qualifies as fetal homicide as well. 

State Laws and Feticide

A total of 28 states currently have fetal homicide laws, including the following:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia and Wisconsin. 

Additionally, 23 states have fetal homicide laws that address any stage of gestation, conception, fertilization, or post-fertilization.  These states include the following:

Alabama, Arizona, Georgia, Idaho, Illinois, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wisconsin. 

High-Profile Cases Involving Feticide

According to the National Advocates for Pregnant Women (NAPW), one of the most high-profile cases involves a woman by the name of Bei Bei Shuai.  She was placed in an Indiana jail for 14 months and was released on $50,000 bail in May of 2012.  She was incarcerated for attempting suicide while she was 8 months pregnant. 

She attempted suicide after she found out she was lied to by Zhiliang Guan.  He was the father of the child, and he told Shuai he was divorced while he was actually married.  Shuai ingested rat poison after Guan told her he was returning to his wife. 

Shuai did not die.  Her friends found her and she was rushed to the hospital.  She did everything the hospital suggested, and she underwent an emergency cesarean.  Her baby was born on December 31, 2010, but the baby soon developed problems, went on life support, and passed away on January 3, 2011. 

After the child died, Shuai was charged with feticide and attempted murder.  She could serve up to 65 years in prison for the crime.

Another case involved Christine Taylor.  She fell down a flight of stairs and was rushed to the hospital.  During the examination, she told the nurse that she was stressed out because her husband has left her.  She stated that she had debated abortion throughout the pregnancy but ultimately decided she would raise the child.  The nurse went to the authorities, and Taylor spent two days in jail before the charges were dropped. 

NAPW also reports that 60 women in Alabama have been arrested because of laws under the Chemical Endangerment Act of 2006.  The law was originally created to stop people from bringing children into meth labs, but the law has been used against women who test positive for drugs during pregnancy—many of whom have low levels of income. 

What is Internet Vigilantism?

Internet vigilantism refers to when people outside of the criminal justice system use the internet to bring justice to a person or people who committed a crime or offended the vigilant in some way.  Many of the people who actively pursue justice using the internet act anonymously or through an alias in order to protect themselves and their reputation in some cases. 

The Good and the Bad

At one end, internet vigilantism can indirectly help authorities target people who are harassing other people on the internet.  Vigilantes can target internet bullies and even report illegal activity they saw after watching videos posted on the internet. 

Internet vigilantism also has the ability to deter terrorism, identity theft, and child predators as well. 

However, an internet vigilante can quickly become unprofessional, make inappropriate statements, and even get themselves in trouble as far as libel and slander laws.  There is a fine line between ethical vigilantism and vigilantism that can seriously harm a person’s reputation.  As a result, many people choose to remain anonymous. 

Specific Examples of Internet Vigilantism

Internet vigilantism is a phenomenon and has, in a way, increased community surveillance around the entire world because of the internet’s influence.  Some specific cases are described below:

Korean Dog Poop Incident

In 2005, a woman was targeted in South Korea after she failed to clean up her dog’s stool on the floor of a subway car.  A commuter on the train took her picture, and her personal information was released onto the internet within days.  The incident received a large amount of media attention in South Korea, and the incident stood as one of the first acts of internet vigilantism. 

Cat Abuse on YouTube

In 2009, a boy posted a video on YouTube that showed him beating and torturing his cat.  The video clip received a huge amount of views in a short amount of time, and YouTube eventually took the video down.  The online vigilantism sparked a police investigation, and the Comanche County Sheriff’s Department arrested the boy and the person who videotaped the incident. 

Chocolate Factory Refused to Let 5-Year –Old Use the Bathroom

In 2008, the Rocky Mountain Chocolate Factory in Huntington Beach refused to let a 5-year-old who was ill use the bathroom.  The incident and the girl’s embarrassment quickly spread across the internet, and the contact information for the owner was eventually leaked.  The CEO eventually apologized to the mother of the daughter. 

Police Abused Cyclist

In 2008, a video was posted of Patrick Pogan, a police officer, slamming into a cyclist named Christopher Long.  The police officer had originally charged Long with assault and disorderly conduct because he said Long intentionally ran into him.  The charges were eventually dropped and Pogan was found guilty of lying about the incident. 

Vigilantism on the internet is still evolving, and legislation will likely address the matter in the future.  There are already specific groups devoted solely to vigilantism on the internet, and some groups even pay members for their efforts. 

What is Santería?

Santería is a practiced religion in parts of West Africa and the Caribbean and combines tribal rituals with Roman Catholicism.  There is a large amount of controversy involved in practicing the religion because animal sacrifices are practiced by followers of the religion, called Santerians. 

Santerians use small animals and chickens during sacrifice rituals.  The rituals are used during the initiation of new members and during times of misfortune or sickness as well.  It is common for Santerians to sacrifice animals during birth, marriage, and death ceremonies as well. 

How do Santerians Defend the Practice of the Religion?

Followers of Santería defend the religion and sacrificing of animals by claiming the following:

·         the animals are killed in a way that is humane

·         the animals are normally eaten after the ceremony

·         million of animals are slaughtered by commercial establishments in the United States every year

·         their Orisha (or manifestations of God) require the sacrifices for food

·         animal sacrifices have been practiced in religions for thousands of years

·         the United States Constitution guarantees freedom of religion

Case Involving the Practice of Santería

Several cases have reached the Supreme Court concerning the practice of the religion.  One of the most famous cases is described below:

Church of Lukumi Babalu v. City of Hialeah

The Church of the Lukumi Babalu Aye initially leased land from the city of Hialeah in Florida to build a church, cultural center, and school on the grounds.  The city of Hialeah knew that the religion would be practiced on the grounds, so the city decided to pass several ordinance to make the sacrificing of animals illegal. 

Some of the important ordinances are listed below:

·         Ordinance 87-40 made it illegal to “unnecessarily or cruelly” kill an animal

·         Ordinance 87-52 made it illegal to kill any animal for a sacrifice or slaughter an animal unless the slaughter occurred by a licensed establishment

·         Ordinance 87-72 made the slaughtering of animals illegal outside of slaughterhouses but made an exemption for a small number of livestock

The Court initially ruled that the city ordinances made the Santería rituals illegal, but the case was appealed and the Supreme Court reversed the judgment.  Justice Kennedy ruled that initial finds spoke strongly against “practices which are inconsistent with public morals, [and] peace of safety.”  Kennedy ruled that if the main intentions of the city were to protect against the cruelty to animals, less restrictive ordinances could have been established. 

Santería and Media Attention

Santería has received a large amount of media attention over the last couple of decades, and some of the incidences never involved the practice of the religion in the first place.  One incident occurred in January of 1998 when a New York girl was found suffocated with a plastic bag around her head.  The mother had started practicing the religion shortly before the death of the child, and she was eventually found not guilty on the basis of insanity. 

Another incident occurred in 1989 when more than a dozen men were murdered along the Texas border at Matamoros, Mexico.  The media quickly started blaming certain religions and particularly Santerians, but investigation later found the murders were committed by gang members. 

What is the Playboys Gang?

The Playboys Gang is primarily located in West Los Angeles and many of its members are Hispanic.  The gang refers to itself as the PBS gang or the Conejo, and they operate in and outside of prisons.  The gang has strong ties to the Mexican Mafia, and they are known for trafficking drugs and firearms, murders, drive-bys, and assaults. 

The gang’s roots go as far back as the 1950s, and the gang has spread throughout the United States.  Members of the gang usually identify themselves tattoos of the playboy bunny.  The primary identifying color for male members of the gang is blue, and female members use pink or blue to identify themselves as a playboys gang member. 

Playboys Gang is only Small Part of Gang Problem in the United States

In 2011, the Federal Bureau of Investigation released a National Gang Threat Assessment that collected crime data from around the United States.  Some of the key findings in the assessment are listed below:

·         the FBI estimates that there are about 1.4 million active street and prison gang members (including outlaw motorcycle club members) that operate in 33,000 different gangs in the United States

·         gang activity accounts for 48 percent of all violent crimes the majority of jurisdictions and up to 90 percent of all violent crimes in high-density jurisdictions

·         the majority of gangs in the United States work with Central American and Mexican drug trafficking organizations to engage in illegal border crossing activity, including human and drug smuggling

·         many gang encourage members to obtain employment in law enforcement or legal fields so they can gather information about other rival gangs

Federal Laws Defining a Gang

18 U.S.C. §521 clearly defines what constitutes a gang.  Gangs are defined as “ongoing groups, clubs, organization, or associations with five or more individuals that have as one of their primary purposes that commission of one or more criminal offenses.”  Other sections of 18 U.S.C. §521 define gang related offenses as distributing controlled substances, crimes of violence against another person, and more. 

Important Facts Released by the FBI

The Playboys gag is extremely dangerous, as is all gang activity.  The FBI released the following information in the 2011 National Gang Threat Assessment as well:

·         more than 90 percent of illegal Mexican migrants entering the United States receive assistance from professional smugglers—many of whom are gang members

·         because of involvement between gangs and Mexican drug trafficking organizations (MDTOs), about 80 percent of all wholesale cocaine distribution is controlled by the MDTOs

·         gang memberships have increased by 40 percent since 2009

·         the majority of marijuana produced by MDTOs is smuggled through the Tohono O’odham Reservation in Arizona—an area of about 75 miles that receives little attention from border patrol

·         many gangs are using the internet and social networking site to recruit new gang members now

·         the state of California has 6+ gang members per every law enforcement officer

Source: https://www.fbi.gov/stats-services/publications/2011-national-gang-threat-assessment

On November 5, 2012, the US Attorney’s Office for the District of New Mexico announced that Frederick Jimmie was sentenced to 41 months in prison for a federal assault conviction.  Jimmie is a member of the Navajo Nation and lives in Crownpoint, New Mexico.  In addition to the prison sentence, Jimmie was also sentenced to three years of supervised release and ordered to pay $39,258 in restitution to reimburse the victim for medical costs.  

Ronald Yazzie—also a member of the Navajo Nation—from Tohatchi, New Mexico was charged along with Jimmie for the assault that occurred on February 2, 2011 near the Navajo Indian Reservation.  The two men were each charged with assault with a dangerous weapon and one count of assault that resulted in serious injury.  

Both of the men entered into a plea agreement on March 14, 2012.  They admitted to punching and kicking the victim in the face in February of 2011.  Jimmie also admitted that he continued to stab the victim in the chest and arms after he was on the ground.  

Yazzie admitted that he took part in the assault as the two men punched and kicked the victim in the face.  He then admitted that he got in his vehicle and proceeded to run over the victim’s leg.  The victim miraculously survived, even though he incurred deep wounds from the stabbing, a broken ankle and fibula, broken orbital walls, and a broken nose.

Two other counts were dropped against Jimmie as part of the plea agreement.  

The case was investigated by the Gullup Resident Agency for the FBI and the Crownpoint Division for the Navajo National Department of Public Safety.  The case is currently being prosecuted by Assistant U.S. Attorney Roberto D. Ortega.  

Source: Federal Bureau of Investigation

What is the Supreme Team (gang)?

The Supreme Team (gang) was founded by Kenneth “Supreme” McGriff in the early 1980s.  The gang was based out of the Jamaica section of Queens, New York, and the gang controlled cocaine and crack-cocaine sales around parts of New York City including Queens and Harlem.  According to the U.S. Attorney’s Office for the Eastern District of New York, the gang was turning $200,000 at its peak in 1987 from the selling of drugs.

The First Arrest of Kenneth McGriff

The Supreme Team (gang) leader was first arrested in 1987 after a joint investigation by state and federal authorities.  McGriff pled guilty to engaging in a criminal enterprise in 1989, and he was sentenced to 12 years in prison.

McGriff was released on parole in 1994 after he served about 7 years of his sentence.  By the end of 1994, he was sent back to prison for violating his parole, and he served another 2 ½ years before he was again released in 1997.

McGriff would soon reorganize the Supreme Team (gang) and continue a life of crime until being arrested a second time.

The Second Arrest of Kenneth McGriff

McGriff was again arrested, and his trial started on January 9, 2007.  The government provided evidence during the trial that stated McGriff established and ran a violent criminal organization from 1997 to 2002.  The criminal organization engaged in drug trafficking, the use of firearms, racketeering, homicides, and money laundering.

The drug trafficking ring was much larger this time.  McGriff moved wholesale amounts of heroin and cocaine throughout New York, but the ring extended to parts of Maryland and North Carolina as well.

The government proved that McGriff was involved in several murders in 2001.  The government presented evidence that proved he hired a team of hitmen out of Harlem, New York, to murder a rap artist in Queens, New York named Eric Smith, aka E. Money Bags.  The murder occurred on July 16, 2001, because Smith was involved in a shoot-out that killed an associated of McGriff’s named Colbert Johnson, aka Black Just.  Smith was shot 11 times at point-blank range while he was sitting in his truck outside a neighborhood barbeque.

The government proved that McGriff hired gunman for a murder that occurred on October 21, 2001 as well.  McGriff hired the gunman to murder a close associate of Eric Smith named Troy Singleton.  McGriff wanted Singleton dead because he feared Singleton would retaliate after Smith’s death.  The hired gunman shot Singleton several times in the head and fired more shots when he was on the ground.

Since McGriff’s arrests, the Supreme Team (gang) all but disappeared.  When McGriff was sentenced to life in prison without parole, U.S. Attorney Roslynn R. Mauskopf stated, “The defendant was one of the most dangerous and feared narcotics traffickers in New York.  He devoted the better part of two decades to gangs, drug trafficking, and violence, treating his prior sentences as mere interruptions in his pursuit of a life of crime.  We are gratified that McGriff will now spend the rest of his life behind bars.”

Source: https://www.justice.gov/usao/nye/pr/2007/2007Mar09b.html

Supreme Team today and Related Cases

The Supreme Team was a notorious drug gang that operated in the New York City area in the 1980s. The gang was known for its violent tactics and drug trade, which made it a target for law enforcement. In recent years, there have been updates on the Supreme Team and related cases, shedding new light on the gang’s activities and how they continue to impact the justice system in the United States.

One of the most significant updates on the Supreme Team was the conviction of a former member, Kenneth “Supreme” McGriff, in 2007. McGriff was convicted of a range of charges, including conspiracy to commit murder, racketeering, and drug trafficking. The Supreme Team, which had gradually faded away since the 1980s, was effectively dismantled with the arrest and conviction of McGriff.

But even after the conviction of McGriff, the Supreme Team remained in the public consciousness. In 2018, the Supreme Team was featured in the Netflix series, “The Seven Five,” which explored the corruption and malfeasance that took place in the New York City Police Department during the same period that the Supreme Team was operating. The documentary raised questions about the connections between the Supreme Team, members of law enforcement, and the wider criminal justice system.

These connections became even more apparent in the case of James “Jimmy Henchman” Rosemond, a former music mogul who was convicted in 2013 of cocaine distribution and conspiracy to commit murder. Rosemond had been accused of having connections to the Supreme Team and using his music industry connections to facilitate drug trafficking. He was ultimately convicted in a trial that implicated several members of the Supreme Team.

The case of James Rosemond is just one example of how the Supreme Team continues to have an impact on the justice system in the United States. The connections between the gang and members of law enforcement and the wider criminal justice system raise questions about corruption and malfeasance. They also highlight the need for continued efforts to address systemic issues within the justice system.

More recent updates on the Supreme Team and related cases include the arrests and convictions of several other former members of the gang. In 2020, one of the most prominent members of the Supreme Team, Gerald “Prince” Miller, was sentenced to life in prison for his involvement in several murders and other violent crimes. Miller was once considered one of the most dangerous members of the Supreme Team and his conviction was a significant victory for law enforcement.

At the same time, the case of the Supreme Team remains a cautionary tale about the need to address systemic issues within the justice system. The connections between the gang and members of law enforcement and the wider criminal justice system raise serious questions about corruption and racial bias. They also highlight the need for continued efforts to address systemic issues within the justice system.

In addition to the Supreme Team, similar cases have emerged around the country, highlighting the pervasiveness of systemic issues within the criminal justice system. The case of George Floyd, who was killed by police officers in Minneapolis in 2020, led to a nationwide reckoning on issues of racial injustice and police brutality.

In conclusion, the Supreme Team and related cases continue to have an impact on the justice system in the United States. Recent updates have shed new light on the gang’s activities and the connections between the gang and members of law enforcement and the wider criminal justice system. These connections raise serious questions about corruption and racial bias and highlight the need for continued efforts to address systemic issues within the justice system. As Americans continue to confront issues of racial injustice and systemic inequality, the case of the Supreme Team serves as a reminder of the urgent need for justice reform.

On November 5, 2012, the US Attorney’s Office for the District of Connecticut announced that Michael N. Kennedy, aka “Nicolae Helerea,” pleaded guilty to attempted extortion and conspiracy for his role in a home invasion that occurred in Connecticut in 2007.  Kennedy was from Queens, New York and formerly from Sibiu, Romania.  

The complex and frightening home invasion occurred on April 15, 2007.  The defendants wore masks and brandished knives and guns as they entered the home in South Kent, Connecticut.  The defendants proceeded to tie up and blindfold the two adult victims, and they injected each of the victims with a substance, claiming the substance contained a deadly virus.  

The defendants soon realized the victims could not meet their demands for a payment of $8.5 million, and they drugged the two residents with a sleeping pill and fled in a Jeep Cherokee owned by one of the residents.  

The lengthy investigation found that Kennedy helped plan the invasion and helped obtained materials such as two-way radios, imitation pistols, and stun guns.  Kennedy then drove the intruders to the residence and picked them up in New Rochelle, New York, the following morning after they ditched the Jeep.  

The investigation also found that Kennedy frequently contacted one of the intruders, Emanuel Nicolescu.  Emanuel’s DNA was found in the stolen Jeep, and he was sentenced to 20 years in prison on August 17, 2012.  

Kennedy pleaded guilty to one count of attempted extortion and one count of conspiracy and faces a maximum sentence of 20 years in prison for each count.  He returned to the United States from Romania to face his charges.  The date for his sentencing is not available at this time.  

The investigation was handled by the Connecticut State Police, the FBI in Connecticut and New York City, the New York City Police Department, and ICE’s Homeland Security Investigations.  

Source: Federal Bureau of Investigation
 

The FBI Rocky Mountain Safe Streets Task Force and multiple law enforcement agencies around Denver are asking for information about six different bank robberies that have occurred recently.  Authorities believe the same victim committed all of the bank robberies, and he has been dubbed “The Brady Bunch Bandit” because he resembles a co-star on the 1970s hit show, “The Brady Bunch.”  

The bank robberies are listed below:

1. September 1, 2012: Chase Bank on 8283 S Quebec Street in Centennial, Colorado around 11:53 a.m.

2. September 8, 2012: Wells Fargo Bank on 3155 E 1st Ave in Denver, Colorado around 10:36 a.m.

3. October 4, 2012: Core First Bank & Trust on 8200 S Quebec Street in Centennial, Colorado around 11:20 a.m.

4. October 10, 2012: Chase Bank on 8283 S Quebec Street in Centennial, Colorado again around 3:35 p.m.

5. October 20, 2012: Chase Bank on 7490 S University Blvd. in Centennial, Colorado around 12:43 p.m.

6. October 29, 2012: TFC Bank on 1710 S Havana Street in Aurora, Colorado around 4:30 p.m.

The suspect is a white male and believed to be between the age of 25 and 35.  He is about 5’11” or 6’0” and roughly 150 to 170 pounds.  He wore a variety of hats and wigs during the robberies.  

If you have any information about the suspect or the robberies, you need to call the FBI Rocky Mountain Safe Streets Task Force at 303-629-7171.  You can also remain anonymous and receive an award up to $2,000 if you call CRIMESTOPPERS at 720-913-7867.  

The suspect faces 20 years in prison for each offense of bank robbery.  It is not believed he used a gun during the robbery.  Witnesses stated that he entered the bank, gave the teller a note, received the case, and fled.  

Source: Federal Bureau of Investigation

Indianapolis, IN—After 21 years working in criminal law, Frederick Vaiana knows that defense lawyers are facing an uphill battle every time they enter a courtroom.

“I think any good criminal defense attorney spends the bulk of his efforts just trying to get a level playing field,” Vaiana told laws.com in a recent interview.  “All we want is a fair fight—if we lose, we lose.  The odds are stacked against us for the most part, anyway.  We just want a level playing field.”

(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)

Named as a Super Lawyer in Indiana since 2007 and one of the Top 100 Trial Lawyers in Indiana by National Trial Lawyers, Vaiana has become one of the most acclaimed attorneys in the state.  He says it doesn't come easy: “Being a good lawyer includes wisdom both in and out of the courtroom.  It includes being a good businessperson.  Most of all, it includes being the best thing your client has in their life.  Follow the age-old formula: the more effort you put into your law practice, the more success you get out of it.”

While Vaiana says that he'll take cases for people accused of nearly anything, he says that he does have some limits.  “One time in my career, I actually asked someone to leave my office after interviewing him,” he recalls.  “After he expressed no remorse for raping a two-year-old child, and actually couldn't see the wrong in doing so, I felt that I couldn't give it my all in defending him.  He deserved a lawyer that would give him their best effort—I simply wasn't that lawyer.”

Today's criminal defense attorneys face challenges that aren't just inside the courtroom—the economic environment can be tough for them, too.  “Public defenders, at least in my local area, are appointed to somewhere between 80 percent and 90 percent of the entire criminal docket,” Vaiana explains.  “So if 80 to 90 percent of all criminal defendants are receiving public defenders, that only leaves 10 to 20 percent of the defendants for the private bar.”

From there, the situation gets even harder for defense lawyers, he says: “Out of that small slice of the pie, you have the competitive nature of the marketplace of private lawyers themselves.  With such a small slice of the pie to wrangle over, pricing becomes an issue for many individuals.  Some of the better quality lawyers are forced to lower their fees simply to compete with those undercutting the market.  In short, it's becoming a tougher and tougher way to make a living—especially to defend a case the way that it needs to be defended.”

In this environment, Vaiana believes some attorneys take too many plea deals instead of doing more work to take a case to trial:  “Some lawyers call themselves trial attorneys, but many of them have not tried a case for years, if ever.  Be they too scared or intimidated by the other side, or just plain lazy or incompetent, many lawyers take the easy way out, many times to the detriment of their clients.” He strongly believes that if defense attorneys put in enough effort and preparation into trying cases, success is attainable.

In a contentious courtroom, Vaiana says that the relationships he has worked to build with judges and prosecutors have made a positive difference for his clients.  “When there are no silly games being played between the parties, things can get accomplished in a palatable fashion for all.  Everybody—judges, prosecutors, defense attorneys, and clients—needs to take a very real and pragmatic approach to what is before them.  Life is hard enough.  It seems like most lawyers spend half their time and energy just posturing, and that wastes our greatest resource: time.”

He is a respected author and commentator, regularly co-authoring articles for Indiana Lawyer magazine and serving as a guest on WTLC and WFNI radio stations. He also contributed as a co-author for Inside the Minds: Strategies for Defending Sex Crimes.

His hard work and success has not been unnoticed, several publications including Indianapolis Monthly and Law and Politics Magazine have recognized him as one of the best attorneys of the state of Indiana.

In addition, he’s held memberships in The National Association of Criminal Defense Lawyers, the National College for DUI Defense, and the criminal justice section of the Indianapolis Bar Association.

Today, Vaiana is part of the prestigious Indianapolis law firm Voyles Zahn & Paul, founded in 1919. Vaiana’s role at Voyles Zahn & Paul focuses on criminal defense, taking on cases from traffic law to major felony cases.

To learn more about Fredrick Vaiana and his practice click here.