Category Archives: Fifth Amendment

A convicted Pennsylvania child molester long suspected of kidnapping and killing Etan Patz will not take the stand at the trial of another man accused of the horrific crime, a Manhattan judge ruled Monday.

Sicko Jose Ramos, 71, indicated through his lawyer that hed invoke his Fifth Amendment right if called to testify at Pedro Hernandezs trial set begin early next year.

Justice Maxwell Wiley sided with Prosecutor Joan Illuzzi-Orbon who argued that it would be confusing for jurors if Ramos took the stand only to refuse to answer questions.

Defense lawyer Harvey Fishbein intends to cast doubt on Hernandezs guilt by portraying Ramos as the real perpetrator at trial, court papers show.

Hernandez, 53, confessed to the crime in 2012 but later recanted.

Convicted child molester Jose Ramos, left, and Pedro Hernandez, who is accused of abducting and killing Etan Patz in 1979.Photo: AP

Wiley will permit the defense to introduce damning statements Ramos made to investigators in 1988 and other incriminating evidence about his long history of preying on young boys, he said in court Monday.

Ramos told New York detectives and a federal prosecutor that he was 90 percent sure he was with Etan, 6, the day he vanished May 25, 1979.

He claimed hed lured the boy to his apartment but didnt kidnap or kill him.

Ramos is not the type to just seize a boy on the street and sexually abuse him, hes the type that lures, entices, engages the individual to come with him, said Fishbein.

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Child molester refuses to testify at Etan Patz trial

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NEW YORK (CBSNewYork/AP) A convicted child molester who was long suspected in the 1979 missing child case of Etan Patz plans to invoke his right against self-incrimination if called to testify in the murder trial of a man now charged with the crime, his lawyer said Friday.

It was not yet clear Friday what questions Jose Ramos might ultimately be asked or have to answer in the trial stemming from Etan Patzs disappearance, or whether theres specific information he doesnt want to divulge. His lawyer, Frank Rothman, would only say that Ramos has no desire to speak to anybody about this.

He plans on invoking whatever Fifth Amendment rights he has, Rothman said, referring to the constitutional provision against self-incrimination.

Former convenience store stock clerk Pedro Hernandez is set to go on trial next month in a case that helped propel the cause of missing children to the fore. Six-year-old Etan disappeared while walking to his Manhattan school bus stop. His body was never found.

Hernandez, 53, has pleaded not guilty to Etan, who vanished while walking to his school bus stop. Patz was one of the first missing children ever pictured on a milk carton. The anniversary of his disappearance became National Missing Childrens Day.

Hernandez became a suspect in 2012 after police got a tip that hed made statements to relatives and acquaintances about having harmed a child in New York years ago. He then gave police a videotaped confession saying he lured the boy into the convenience store basement and choked him.

The Maple Shade, New Jersey, man confessed on video after more than six hours of questioning, telling police he lured Etan to the store basement with the promise of a soda, choked the boy, put the body in a bag and a box and left it on the street several blocks away.

Police and prosecutors found his confession credible. Hernandezs lawyers say he falsely confessed because of mental problems.

No one else has ever been charged, but over the years, other suspects had come under scrutiny especially Ramos, who had been dating Etans baby sitter and who later was convicted of abusing two boys in Pennsylvania.

A former federal prosecutor said Ramos had given him a 90 percent confession in Etans case but stopped short of saying he had killed the boy or that it was definitely Etan _ and two jailhouse snitches said Ramos made admissions to them, though he has since denied involvement. Etans parents pursued a wrongful-death lawsuit against Ramos, and after he stopped cooperating with questioning, a court ruled him responsible.

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Attorney: Convicted Child Abuser To Invoke 5th Amendment If Asked To Testify In Etan Patz Trial

Home Fifth Amendment Right Against Self Incrimination In Civil

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Just A Summary | The Fifth Amendment: A Comprehensive Approach
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The NFL Players Association intended to scrutinize immediately the new personal conduct policy for terms that permit potential legal challenges, either through arbitration or a claim with the National Labor Relations Board.

Per a source with knowledge of the situation, the NFLPA has identified multiple specific areas of concern and communicated those concerns to the Executive Committee and board of player representatives. The three biggest issues are summarized below.

First, the union disputes the leagues belief that Fifth Amendment rights have no relevance to the new policy. We disagree and will vigorously protect ALL players 5th Amendment rights; we will ensure that an NFLPA attorney and criminal attorney protect a player at every step of any NFL investigation, NFLPA management informed the Executive Committee and player representatives in a memo, a copy of which PFT has obtained. This is crucial for players protection because any information gathered in an employers investigation is not privileged, and law enforcement could obtain and make prosecutorial decisions based on such information. The NFLPA also will aggressively address the possibility that a player who invokes his Fifth Amendment right will be disciplined for failing to cooperate with the leagues investigation.

Second, the NFLPA disagrees with the plan to put players on paid leave when charged with a crime of violence. [W]e strongly object to such unilateral action by the Commissioner/Owners, in no small part because many players have contracts that include significant roster bonuses, etc., the NFLPA said. Moreover, the removal of a player from the field is a form of discipline regardless of whether he is paid his paragraph 5 salary. We do not believe that unilaterally placing players on the Commissioner Exempt list with pay before issuance of discipline in form of fine or suspension is permitted by the CBA or NFL Constitution.

Third, the NFLPA contends that the new approach to discipline under the Personal Conduct Policy, with the Commissioner delegating the initial decision to a to-be-hired Special Counsel for Investigations and Conduct, violates the plain language of the Collective Bargaining Agreement.

This new disciplinary structure violates the CBA, the NFLPA explained to the players. Article 46 of the CBA, which was obviously collectively bargained, contains the specific agreement that the Commissioner issues the initial discipline, and the parties agreed that he can delegate appeal decision rights; the CBA language allowing for delegation is specific and its absence for the Commissioner to delegate to another NFL paid position is clear.

The NFLPA may challenge these and other provisions by pursuing a system arbitration under the labor deal or filing a complaint with the National Labor Relations Board.

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Union has multiple legal concerns regarding new conduct policy

Convicted murderer Charlie Ely refuses to answer questions based on fifth amendment rights during the third day of Amber Wright and her brother Kyle Hooper's first degree murder trial at the Marion County Judicial Center in Ocala, FL on Friday June 8, 2012. Wright and Hooper are accused in the brutal slaying of Wright's former boyfriend Seath Jackson in April 2011. The murder occurred at her trailer and she was convicted for her participation. (Alan Youngblood/Ocala Star-Banner)2012

As Michael Bargo's appeal remains pending before the Florida Supreme Court and Amber Wright's case ping-pongs between the trial and appellate courts, a third co-defendant Charlie Ely is trying to get some post-conviction relief of her own.

Ely recently filed a 45-page motion claiming her defense attorney was ineffective in handling her case. She said she is entitled to post-conviction relief in the form of a new trial.

Ely, now 22, was one of five young people charged with first-degree murder in the 2011 death of Seath Jackson, 15. She was found guilty on Sept. 23, 2011, and sentenced to life in prison.

In her motion, Ely, takes issue with her trial counsel's decision to take the case to trial only five months after the murder; failing to dismiss jurors from the panel who gave the appearance they couldn't be unbiased; failing to preserve objections for the appellate record and renew previous objections; and allowing certain incriminating evidence to come before the jury.

Ely argues that these mistakes constitute a violation of her civil rights. The cumulative effect of counsel's errors deprived the defendant of her right to a fair trial, Ely wrote in her motion. She is representing herself on appeal.

She argues that, had her attorney done things differently, perhaps her case's outcome would have been different.

Trial evidence showed Ely aided Wright's attempts to lure Seath to Ely's Summerfield home, where co-defendants Michael Bargo, Justin Soto and Kyle Hooper were. The men were accused of helping beat, shoot and burn his body in a backyard fire pit before placing the ashes in paint buckets and dumping them into a lake at the bottom of a lime rock quarry.

Ely was the first of five teen co-defendants to stand trial. Her attorney did not waive her right to a speedy trial, and therefore the state had to prosecute her within 90 days.

Ely argues that this move left her with a biased jury pool selected from a community still enraged over the highly publicized crime.

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Woman convicted in Seath Jackson murder seeks post-conviction relief

Refugees from Africa line up at a makeshift immigrant processing center in Bnei Brak, the only one open to them in Israel. Photo by Simone Wilson

One hour before the 19th Israeli Knesset, or parliament, dissolved forever on Dec. 8, its members made a last-ditch effort to save Holot, the open desert prison they created one year prior to detain undocumented Eritrean and Sudanese immigrants.

On the table was a fifth amendment to the half-century-old Anti-Infiltration Law created to prevent Palestinian refugees from returning to Israel, but amended in recent years to govern the fate of 50,000 Africans who trekked to Israels southern border seeking work and asylum.

The latest amendment comes in response to a Supreme Court ruling in September that found Holot to be unconstitutional. Instead of closing it completely, Knesset members proposed that individual prison terms be limited to 20 months, and that prisoner check-ins be cut from three times per day to once each night.

After the final tally on the night of Dec. 8, the bill passed 41 to 29.

Members of the 19th Knesset, known for their high-drama plenum battles, used the vote to stage a final showdown of ideals.

[We must] keep this country as the nation-state of the Jewish people and not invite a situation in which thousands of infiltrators come here to find work, said right-wing Knesset member Miri Regev, a member of the prime ministers Likud Party. Its a disgrace that parties who call themselves Zionist, like the Labor Party, opposed this bill.

Knesset member Nitzan Horowitz, a former TV reporter belonging to the leftist Meretz Party, fired back. Its too bad Regev and the interior minister didnt read the High Courts first verdict overturning the law, he said. They would have understood that in a democratic state, it is impossible to imprison people without a trial. It doesnt matter whether theyre Blacks from Africa, blonds from Sweden or people from Tel Aviv or Yeruham.

The goal of the new legislation, as stated by Israeli Prime Minister Benjamin Netanyahu when it was drafted on Nov. 30, is to continue driving undocumented Africans out of Israel.

It fits the reality, Netanyahu said of the law. It also fits the rulings of the High Court of Justice. I remind you that Israel has achieved the extraordinary, which Im very proud of, in blocking illegal migration across our borders zero illegal migrants. Part of this entails repatriating illegal migrants. This year we repatriated over 6,000 illegal migrants. This legislation is designed to enable us to continue this trend.

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19th Knessets dying wish: Drive Africans from Israel

The Senate Intelligence Committee's report on the CIA detention and interrogation program has quickly stirred up a white-hot debate on the use of torture to extract information from our enemies.

And though there is great passion on both sides, this is not a new topic to be argued.

In the late 16th century, some 200 years before the formation of our republic, the French nobleman Michel de Montaigne shifted the centuries-old debate about the use of torture from the question of its effectiveness to the question of its inhumanity. That is, while earlier writers had worried above all about the reliability of testimony extracted from tortured suspects, Montaigne was horrified that a civilized society would make use of such a barbaric practice.

Montaigne's new perspective would come to exercise considerable influence over the ways in which intellectuals and political elites viewed torture down to our own time.

But it was above all a thin volume titled Of Crimes and Punishments, first published anonymously in 1764, that served as the clarion call for the abolition of torture. The secret of the author's identity was not held for long. The Milanese philosopher Cesare Beccaria had completed this revolutionary work at the age of 26.

Beccaria's text would have a cascading influence. Its translation into many languages paralleled an era that saw regime after regime dismantle the use of torture: Prussia in 1754, Denmark in 1770, Poland in 1776, France in 1789, the Netherlands in 1798 and Portugal in 1826.

Beccaria was influential in the United States as well. Thomas Jefferson read him with appreciation, as did James Madison and John Adams. When the Founders crafted the Bill of Rights, Beccaria's ideas made themselves palpable. We see this in the Eight Amendment, which prohibited the use of "cruel and unusual punishments" one of the enduring bases to the principle that neither the courts nor the federal government may use torture.

But the Fifth Amendment, with its stipulation that no person "shall be compelled in any criminal case to be a witness against himself," was perhaps an even clearer constitutional obstacle to the use of torture. If a person suspected of a crime could not testify against himself, then torture could really play no role, since one of the key aims of torturers is to extricate self-incriminating evidence from a suspect, whether of a common criminal or a terrorist.

Historians are right therefore to stress that the period running from the Renaissance (the age of Montaigne) to the Enlightenment (the age of Beccaria) witnessed the emergence of new ideas about the person. These ideas would shape many contemporary values, as reformers drew on them not only to end torture but also slavery and religious repression.

These same ideas were, not incidentally, fundamental to shaping democratic and open institutions. This doesn't mean the ideas were always successful or without contradictions, but they unquestionably enabled a new notion of the human person and the political community to emerge. It is within this cluster of new ideas that men and women came to see torture not merely as ineffective but as fundamentally wrong. Torture degrades both the victim and its perpetuator. It strips both of their dignity and their humanity. The ends cannot justify the means.

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History foreshadows against the use of torture

After 49ers defensive lineman Ray McDonald was arrested for domestic assault in August, coach Jim Harbaugh defended the teams decision not to take action by wrapping himself in the nations founding documents.

[T]his is America, youre innocent until youre proven guilty, Harbaugh said at the time. I dont know what more I can say about that and I have great respect for that principle. . . . Its in the Constitution. Its in the Constitution. Its well defined. The Fifth Amendment.

Harbaughs respect for the Fifth Amendment (which may not have been quite as strong if the player in question had been a bottom-of-the-roster slappy) doesnt match the NFLs attitude toward the Fifth Amendment. Under the new personal conduct policy, the player has no right to remain silent.

Because the Fifth Amendments protection against self-incrimination does not apply in a workplace investigation, the league will reserve the right to compel an employee to cooperate in its investigations even when the employee is the target of a pending law enforcement investigation or proceeding, the new policy states. An employees refusal to speak to a league investigator under such circumstances will not preclude an investigation from proceeding or discipline from being imposed.

Similarly, a criminal defendants refusal to speak in a court of law wont preclude a prosecution from proceeding and discipline from being imposed. However, because the NFL wont be honoring the various other Constitutional protections that apply when liberty is on the line (like proof beyond a reasonable doubt), its much easier for an employee who remains silent to end up being deemed guilty in circumstances where breaking the silence may have exonerated him.

If the player speaks, however, anything he tells investigators may be used against him in his criminal case. Under the rules of evidence applicable in every American jurisdiction and all federal courts, anything a criminal defendant says in any setting can be introduced against him at trial.

For the NFL, that could create awkward moments, transforming league investigators into witnesses, with subpoenas issued for testimony and any notes or other record of what the player said. So the NFL probably would prefer that the player refuse to cooperate; if the player talks, the NFL eventually will be cooperating in the criminal case, whether the NFL wants to or not.

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