Showing posts with label Lawyer. Show all posts
Showing posts with label Lawyer. Show all posts

Friday, April 25, 2008

NYPD acquittals in groom shooting spark anger, outrage

By TOM HAYS, Associated Press Writer

Three detectives were acquitted Friday in the 50-shot killing of an unarmed groom-to-be on his wedding day, a case that put the NYPD at the center of another dispute involving allegations of excessive firepower.

Scores of police officers surrounded the courthouse to guard against potential chaos, and as news of the verdict spread, many in the crowd began weeping. Others were enraged, swearing and screaming "Murderers! Murderers!" or "KKK!"

Inside the courtroom, spectators gasped. Sean Bell's fiancee immediately walked out of the room; his mother cried.

Bell, a 23-year-old black man, was killed in a hail of gunfire outside a seedy strip club in Queens on Nov. 25, 2006 as he was leaving his bachelor party with two friends. The case ignited the emotions of people across the city and led to widespread protests among those who felt the officers used unnecessary force.

Officers Michael Oliver, 36, and Gescard Isnora, 29, stood trial for manslaughter while Officer Marc Cooper, 40, was charged with reckless endangerment. Two other shooters weren't charged. Oliver squeezed off 31 shots; Isnora fired 11 rounds; and Cooper shot four times.

The case brought back painful memories of other NYPD shootings, such as the 1999 shooting of Amadou Diallo — an African immigrant who was gunned down in a hail of 41 bullets by police officers who mistook his wallet for a gun. The acquittal of the officers in that case created a storm of protest, with hundreds arrested after taking to the streets in demonstration.

Though emotions ran high, there were no immediate problems outside the courthouse Friday, where many wore buttons with Bell's picture or held signs saying "Justice for Sean Bell." Some people approached police after the verdict was read, but they were held back and the jostling died down quickly.

William Hardgraves, 48, an electrician from Harlem, brought his 12-year-old son and 23-year-old daughter to hear the verdict. "I hoped it would be different this time. They shot him 50 times," Hardgraves said. "But of course, it wasn't."

The officers, complaining that pretrial publicity had unfairly painted them as cold-blooded killers, opted to have the judge decide the case rather than a jury.

The judge, Justice Arthur Cooperman, indicated when he delivered the verdict that the officers' version of events was more credible than the victims' version. "The people have not proved beyond a reasonable doubt that each defendant was not justified" in firing, he said.

Hours later, the officers appeared at a news conference.

"I'd like to say sorry to the Bell family for the tragedy," Cooper said, thanking God, his lawyers and the police officers who supported him.

The U.S. attorney's office said after the verdict that it had been monitoring the state's prosecution and would conduct an independent review of the case. The Rev. Al Sharpton, who represents Bell's family, called for a federal investigation.

"This verdict is one round down, but the fight is far from over," Sharpton said on his radio show. "What we saw in court today was not a miscarriage of justice. Justice didn't miscarry. This was an abortion of justice."

Michael Palladino, president of the Detectives Endowment Association, responded angrily to Sharpton's suggestion that the verdicts were unfair.

"That's despicable for him to say that because we have the greatest criminal justice system on earth," he said.

The nearly two-month trial was marked by deeply divergent accounts of the night.

The defense painted the victims as drunken thugs who the officers believed were armed and dangerous. Prosecutors sought to convince the judge that the victims had been minding their own business, and that the officers were inept, trigger-happy aggressors.

Both sides were consistent on one point: The utter chaos surrounding the last moments of Bell's life.

"It happened so quick," Isnora said in grand jury testimony. "It was like the last thing I ever wanted to do."

Bell's companions — Trent Benefield and Joseph Guzman — offered dramatic testimony. Both were wounded in the shooting; Guzman still has four bullets lodged in his body.

Referring to Isnora, Guzman said, "This dude is shooting like he's crazy, like he's out of his mind."

The victims and shooters were set on a fateful collision course by a pair of innocuous decisions: Bell's to have a last-minute bachelor party at Kalua Cabaret, and the undercover detectives' to investigate reports of prostitution at the club.

As the club closed around 4 a.m., Sanchez and Isnora claimed they overheard Bell and his friends first flirt with women, then taunt a stranger who responded by putting his right hand in his pocket as if he had a gun. Guzman, they testified, said, "Yo, go get my gun" — something Bell's friends denied.

Isnora said he decided to arm himself, call for backup — "It's getting hot," he told his supervisor — and tail Bell, Guzman and Benefield as they went around the corner and got into Bell's car. He claimed that after warning the men to halt, Bell pulled away, bumped him and rammed an unmarked police van that converged on the scene with Oliver at the wheel. The detective also alleged that Guzman made a sudden move as if he were reaching for a gun.

Guzman said Isnora "appeared out of nowhere" with a gun drawn and shot him in the shoulder — the first of 16 shots to enter his body.

"That's all there was — gunfire," he said. "There wasn't nothing else."

With tires screeching, glass breaking and bullets flying, the officers claimed that they believed they were the ones under fire. Oliver responded by emptying his semiautomatic pistol, reloading, and emptying it again, as the supervisor sought cover.

The truth emerged when the smoke cleared: There was no weapon inside Bell's blood-splattered car.

Tuesday, July 10, 2007

How to get your financial records in order

By Tom Herman

How do you know whether you need to spend more time getting your financial affairs organized?

Answer: When a professional organizer sends you her latest book on the topic -- and you lose it before you get a chance to open it.

That's what happened to me recently, much to the amusement of several colleagues who sit near the mountains of books, papers, magazines, notepads, umbrellas, coffee cups and tax publications lying around my work space and spilling out of more than a dozen file cabinet drawers. One friend politely informed me I don't really need an expert organizer. I need an archaeologist.

But it's never too late to get started, and even the most paper-addicted pack rats can benefit from the growing number of books, pamphlets, software programs and getting-organized kits that focus on personal finance. Among the most popular software programs are Intuit Inc.'s Quicken and Microsoft Corp.'s Microsoft Money. They can help you pay bills, figure out where you're spending your money and create a budget. Millions of people have turned to these and other online products offered by banks and other financial institutions to pay bills and manage finances.

Getting your finances neatly organized is critically important if you care about your family and other heirs. Missing documents, records or stock and bond certificates can be hazardous to your family's wealth -- in addition to being frustrating and time-consuming experiences.

Some of the best organizing tools are free. For example, Merrill Lynch & Co., the nation's largest securities firm, offers a handy document you can download and use to jot down key personal contacts, location of important papers and other items. More free planning tools and organizers can be found on the Web site of Ronald Rogé, a financial planner.

Here are some thoughts from lawyers, accountants and organizing experts on how to be better organized, including what documents to keep, where to keep them and for how long.

Getting Started

Start by compiling a list of key people to call, including relatives, physicians and lawyers, in case of emergency. I carry around such a list in my wallet. I started doing this after a family friend was hit by a car on Park Avenue in New York City many years ago. She had no personal identification papers on her. Fortunately, a woman who had witnessed the accident raced to her side and asked her, just before she passed out, if there was someone who should be contacted. Our friend gave her the name and phone number of one of her sons, who raced to the scene. Our friend survived and told me that her saga underscores the importance of having a "loved-ones" list with you whenever possible.

Consider photocopying all your credit cards and other important items you carry in your wallet. If you lose your wallet or it's stolen, you'll know exactly what's missing and how to contact the credit-card companies. Store this list in a safe place at home with other details, including the location of any unused gift certificates you have received, as well as your point totals for frequent-flier or other similar programs.

Make sure to tell your family and advisers where you keep important documents, such as your will, health-care proxy, living will, insurance policies, household inventory, deeds to property and important tax records. Be sure to include the location of your bank safe-deposit box -- and where you have stored the key.

It's not enough just to compile these lists. Make sure to update them regularly, says Stephanie Winston, a professional organizer based in New York City and author of several books on the subject (including "Getting Organized," the book I somehow managed to lose).

Beware of mindless clutter, Ms. Winston says. She recommends a paper-handling system called "TRAF," which means toss, refer, act or file. While it may feel good to save everything, that could backfire if you can't find what you need in a hurry.

Pay attention to security. Store your information in a safe place. All your careful organizing plans can easily backfire if you allow your information to fall into the wrong hands. If you use a Palm Pilot, as I do, use passwords to protect all the information you've stored there. If you store your list on your computer, be sure it's password-protected. Also be sure to print out copies regularly and give them to a trusted relative or adviser.

Wills and Other Documents

Lawyers constantly marvel at how many highly intelligent people don't have a will -- and at how many people who do have wills haven't updated them for decades. Granted, nobody likes thinking about this subject, and lawyers say clients often are superstitious. Those clients fear that if they draw up a will or update it, they're sure to die on the spot.

But remember: When someone dies without a will -- or without an up-to-date will -- that can lead to lengthy family feuds, even over seemingly insignificant details.

Another reason many people don't have a will is they're uncomfortable discussing such delicate subjects with children and other family members. Get over it. Failing to have this conversation is an invitation to trouble.

Consider giving the original copy of your will to your lawyer or some other trusted adviser, along with the location of key documents. Make sure to tell your heirs what you've done. Don't put the only signed copy in your safe-deposit box; your heirs will need to get the will quickly.

Take the time to make sure you have a well-written power of attorney, and pick someone you trust completely.

Check with your lawyer to make sure that any power-of-attorney form you sign does precisely what you want it to do. For example, if you want the person holding your power-of-attorney to be able to make gifts of money or other property on your behalf, say so in writing. While state laws may vary, be as precise as possible on this subject.

And remember that a power of attorney isn't just for the elderly. Sudden illness -- or accidents -- can strike at any age, making it important that someone be authorized to manage your finances.

If you move to another state, make sure to get a thorough financial check-up from a pro just to make sure you don't need to make important revisions.

Above all, act now while you're healthy -- and be careful whom you select to help you. One of the classic mistakes is to wait until you get sick to start thinking about a power of attorney and other tough topics.

Updating Your Finances

Buy-and-hold may be a commonly recommended strategy on Wall Street -- but not when organizing your finances. With all the swings in financial markets these days, it's important to update your finances regularly.

One area many people overlook: U.S. savings bonds. They sound simple, but they bear close watching. For example, many investors own savings bonds that stopped paying interest years ago. The Treasury estimates that, as of April 30, savings bonds worth around $15.1 billion had stopped earning interest and were still in the hands of investors.

To learn about the status of your bonds, go to a Treasury Department Web site. Click on the section "Individual/Personal," and then click on: "Find out if your Treasury securities have matured." There, you'll find tables that will help you figure out whether your bonds are still earning interest, or for how long you can expect them to earn interest.

If you own any bonds that no longer are earning interest, be sure to cash them in or exchange them as soon as possible. Also check to see whether you or other family members own any stock certificates representing shares in companies that have gone bust. Even though those certificates may be worthless, they may help cut your taxes.

If you don't claim a loss for a worthless security on your original return for the year in which it actually became worthless, "you can file a claim for a credit or refund due to the loss," the IRS says. Use Form 1040X to "amend" your return for the year in which the security became worthless. But keep in mind that you must file it "within seven years from the date your original return for that year had to be filed, or two years from the date you paid the tax, whichever is later," the IRS says.

Here's another idea: If you have stock certificates for Enron or other well-known corporate disasters, consider trying to sell them to collectors through an online auction.

Tax Records

Most people should keep their federal income-tax returns for at least three years. But accountants and lawyers often recommend that clients keep returns for at least six years. That's because the IRS can go back that far if you didn't report taxable income you should have reported and it's more than 25% of the income shown on your return. Check to see if your state tax department has different rules.

There's no time limit if you file a return that is false or fraudulent, or if you don't bother filing a return at all. In that case, "an action can generally be brought at any time," the IRS says.

Some supporting documents need to be stored for much longer periods. For example, keep detailed records of how much you paid for your stocks, bonds, mutual-fund shares and other investments you haven't yet sold. When you sell them, you will need those records to establish what's known as your "cost basis." Also be sure to keep records of what you paid for your home and the cost of any improvements.

Before throwing away old tax returns, check to make sure the Social Security Administration has accurate records of how much you've earned each year.

If you get a Form W-2 from your employer, keep Copy C until you begin receiving Social Security benefits, the IRS advises. "This will help protect your benefits in case there is a question about your work record or earnings in a particular year," the IRS says in Publication 17.

When you do pitch old returns, make sure to shred them carefully so that they don't fall into the wrong hands.

Classic Blunders

Here are some things to watch out for when organizing your life

1. Neglecting to write a will. Not telling heirs the location of your financial accounts, safe-deposit box and key, and other important items.

2. Throwing away tax returns after a year or two. Save them at least three years -- and preferably six or seven.

3. Saving too much paper. If you do, you may be unable to find what's important when you need it.

4. Storing the only signed copy of your will in your safe-deposit box, instead of giving a copy to your lawyer or other trusted adviser.

5. Neglecting to carry an emergency list of loved ones, doctors and advisers in your wallet.

Source: WSJ reporting

Miscellaneous Tips

1. Direct Deposit. Whenever possible, have your paycheck, dividends, interest, income-tax refund and other income deposited directly into your account, rather than having checks sent to you in the mail. Ms. Winston says a client whom she was helping to get organized found a $13,000 check that hadn't been cashed. Fortunately, the client was able to get paid.

2. Paper certificates. If you still have stock or bond certificates lying around, consider turning them over to your stock broker, or the transfer agent, and having them transformed into electronic digits. That way, you don't have to worry about losing the certificates.

3. Filing taxes online. Filing electronically usually means speedier refunds and greater accuracy. IRS workers, after all, don't have to type your information into their systems. More than half of all returns filed to the IRS each year now are filed electronically.

4. Three key points: Update regularly. Back up your records regularly. And print several copies.