Skip navigation
The Habeas Citebook Ineffective Counsel - Header
× You have 2 more free articles available this month. Subscribe today.

News in Brief

Alaska: In a rare move, federal prosecutors asked an Alaska judge to vacate the 2019 assault conviction of long-time felon Johnny-Lee Preston Burk, citing a concealed relationship between the presiding judge and a prosecutor in the case. The Alaska Beacon reported that United States District Judge Joshua Kindred and prosecutor Karen Vandergaw had a personal relationship during Burk’s trial, which was undisclosed to Burk or his defense. The request, filed on October 22, 2024, follows a judicial misconduct investigation by the Ninth Circuit Court of Appeals that revealed Kindred’s inappropriate conduct, including involvement in at least 44 cases with potential conflicts of interest. This is the first time prosecutors have sought to overturn a conviction due to Kindred’s misconduct, which led to his resignation in July 2024. Earlier in October, the cyberstalking conviction of Rolando Hernandez-Zamora was overturned after a request from defense attorneys on the same grounds. The misconduct inquiry uncovered that Kindred had also engaged in sexual encounters with a former clerk, lied about the interactions, and fostered a hostile work environment. The U.S. Judicial Conference referred Kindred to Congress in September 2024 for potential impeachment even after he resigned because his “reprehensible” sexual misconduct was so severe it warranted review by Congress.

Connecticut: A former Framingham State University police officer, 24-year-old Klevis Nako, was sentenced to 60 days on January 10, 2024, for his role in a conspiracy to traffic counterfeit watches imported from China. The Metro West Daily News out of Hartford reported that Nako and his co-conspirators sold the watches through Facebook and Instagram and made over $275,000 in illegal profits. The counterfeit watches, if genuine, would have had a retail value exceeding $3 million, according to the U.S. Attorney’s Office of the District of Connecticut. Nako, who was fired from his position in February 2024 after the arrest, was scheduled to report to prison on February 13, 2025. Nako must also forfeit the money from the sale of the fake Rolex, Audemars, Movados and Panerai watches. Judge Vernon Oliver ordered an additional 18 months of supervised release for Nako after serving his federal prison sentence.

Florida: Nathaniel A. Tuck, a former Longwood and Apopka police officer, and Proud Boys member of the Space Coast chapter, was sentenced to 14 months in prison on January 8, 2024, for participating in the events at the Capitol on January 6, 2021. Tuck, 32, from Apopka, was in the first wave of protestors who breached police lines and entered Capitol grounds alongside his father and other Proud Boys members. The sentencing memorandum “recommended an eight-month upward variance because Nathaniel Tuck, himself a former police officer, planned and coordinated with others for weeks….” Prosecutors stated that Tuck pushed past officers and berated police attempting to hold the line. After entering the Capitol, he posed with other Proud Boys in a celebratory photograph. U.S. District Judge Timothy Kelly imposed the sentence, which includes a $2,000 fine and $2,000 restitution but allowed Tuck to remain free until he reported to prison. Tuck was one of 1,500 January 6 defendants pardoned by President Donald Trump, so he will serve no prison time. He said after his pardon that the day of the attack was “one of the best days” of his life.

Florida: A Lake County Sheriff’s Deputy resigned after an internal investigation revealed that he was watching pornography on his phone while driving, leading to a car crash. According to WESH Orlando, Tristan Macomber initially lied about the cause of the accident that occurred in Sorrento on November 6, 2024, claiming his brakes had failed. However, body camera footage and phone records contradicted his account. The investigation found Macomber was viewing pornographic material just before he rear-ended another vehicle stopped for a school bus. Macomber violated several departmental policies, including dishonesty, not wearing a seat belt, and misuse of a personal electronic device. The Florida Highway Patrol is investigating and Macomber resigned rather than face termination. Florida taxpayers picked up the tab of repairing the rear end of the vehicle slammed into by Macomber.

Indiana:Former New Castle Police Lieutenant Aaron Jason Strong was sentenced to over 12 years in federal prison on January 7, 2025, for a brutal assault on a handcuffed detainee lying in the street and subsequent obstruction of justice. According to WTTK, in August 2019 Strong and another officer stopped an individual they believed to be suspicious. After a brief foot chase, the man surrendered. However, rather than de-escalate the situation, Strong proceeded to savagely beat the handcuffed and defenseless man 20 times with a collapsible baton, inflicting severe injuries to his head, jaw, arms, and back. Fellow officers, appalled by Strong’s actions, reported the incident to Indiana State Police. Strong, anticipating an investigation, attempted to cover his tracks by making false statements to investigators. This incident, along with other instances of excessive force against pretrial detainees in the Henry County Transition Center, led to a federal indictment against Strong. A jury found him guilty of three counts of deprivation of rights under the color of law and one count of witness tampering.

Kentucky: Laurel County resident Doug Harless, 61, was fatally shot by police in London, Kentucky, during the execution of a search warrant by five officers on December 23, 2024. WLWT out of Cincinnati reported that police say Harless pointed a gun at officers during the forced entry, prompting an officer to fire. Harless’ neighbors and family, however, question the police’s version of the tragic incident. Surveillance footage from a neighbor shows officers banging on Harless’ door before forcing the door and opening fire almost immediately. Initial reports say the warrant was intended for another house on the same road where a judge-executive’s stolen weed eater was being stored, and officers made a fatal mistake rushing the house of the innocent Harless. Neighbors described Harless as a quiet and humble man who “never bothered anybody.” The Kentucky State Police are working the investigation, and London Mayor Randall Weddle expressed condolences while promising to follow the inquiry closely. On January 4, following the senseless shooting, community members took to the streets to demand justice for Harless. Another community march was scheduled for the last week of January.

Maryland: Tom Goldstein, co-founder of SCOTUSblog and a prominent Supreme Court litigator, was indicted on January 16, 2025, on 22 federal charges, including tax evasion, filing false tax returns, and aiding fraudulent tax filings, according to the ABA Journal. The indictment alleges Goldstein misused funds from his specialized law firm, Goldstein & Russell, for personal debts, including gambling, underreported millions in winnings, and created fake employment arrangements for at least a dozen intimate partners. Prosecutors claim Goldstein used firm accounts to hide personal gambling losses and debts, including a $1.2 million payment disguised as legal fees and unreported earnings from poker and cryptocurrency transactions. The indictment details generous spending facilitated by a $10 million gambling loan and a $968,000 cash entry from Macau. He is also accused of providing false information on mortgage applications and tax filings. Goldstein retired from his Supreme Court practice in 2023 but continued to publish SCOTUSblog along with his wife Amy Howe. His attorneys, John Lauro and Christopher Kise, will contest the charges. If convicted, he could face significant prison time and financial penalties.

Missouri: A disciplinary hearing for former Saint Louis Metropolitan Police Department Officer Austin Fraser was held on January 7, 2025, with results expected after 30 days. According to KMOV St. Louis and body cam footage the newsroom obtained through a freedom of information request, former Officers Austin Fraser and Ty Warren encountered a suicidal man, Urayoan Rodriguez-Rivera, who had called 911 for help. Despite finding Rodriguez-Rivera still breathing with a gunshot wound, Fraser refused to assist, stating, “We ain’t taking this s–t. I get off in 30 minutes.” The officers then left the scene only to return later to find other officers there. The two cops pretended to have just arrived. The 29-year-old victim was then rushed to a St. Louis-area hospital, where he died 40 minutes after calling 911. The state of Missouri accused Fraser and Warren of “reckless disregard” for their handling of the September 2023 incident. They were fired from the department, and Warren’s peace officer license was revoked.

New Mexico: According to KRQE, Albuquerque police fatally shot Anthony Hernandez, 33, outside a Speedway gas station on November 11, 2024. The incident, which left three bystanders injured, involved a barrage of gunfire from officers. Hernandez, drunk and accompanied by his 3-year-old daughter, displayed disoriented behavior in the convenience store that prompted the clerks to call 911. Despite Hernandez allegedly pointing a gun and firing a shot at responding officers, the excessive use of force raises serious concerns. While the full investigation is ongoing, the fact that officers fired a total of 11 rounds at Hernandez with his daughter in tow indicates an excessive use of force. In the hail of bullets, an innocent bystander’s vehicle was struck five times. Another victim was a 68-year-old man, who took a bullet in the torso because he was near Hernandez when the bullets started flying. The three officers are back on duty, with one being a member of the SWAT team who had been involved in two prior shootings. The other officers had no prior shootings.

New York: A former Livingston County, New York, assistant district attorney has been charged with official misconduct and was arrested on December 23, 2024, according to WHAM in Rochester. Jonathan Francisco, 30, was taken to Livingston County Jail for arraignment and released on his own recognizance. Livingston County Sheriff Thomas Dougherty reported that Francisco has left the District Attorney’s Office. Francisco allegedly engaged in a sexually exploitative relationship with a domestic violence survivor whose case he was handling. The victim claims Francisco pressured her into sending sexually explicit content, made inappropriate physical contact, and threatened to harm her case if she did not comply. In a disturbing incident outlined in court documents, the woman reported the disgraced assistant D.A. touched and groped her in the courthouse after a grand jury proceeding. The survivor, a young mother, alleges that she felt coerced and manipulated due to her vulnerable position and lack of money to hire a lawyer. A special prosecutor has been appointed to handle the case.

New York: The New York Times reported that Erin P. Gall, a former state Supreme Court justice ousted for racist threats, started a new position on January 2, 2025, as an assistant attorney for Herkimer County. Gall, a 53-year-old Republican who resigned in December 2023, faced a state commission’s findings that she engaged in a “racially offensive” rant, including threatening to shoot Black teenagers and making derogatory comments. Four black teens, who had shown up at a 2022 graduation party that she, her husband and her son attended, were told to leave the property by Gall as she peppered her threats with the word f***ing while they searched for a lost car key, even calling herself a “f***ing judge.” Her new taxpayer-paid role involves assisting in legal matters for the county and earning $108,150 annually, which is less than half her salary as a judge. Critics, including local Democrats, have condemned the appointment, questioning her ability to ensure fair treatment—especially in cases involving juveniles. Gall’s supporters, like Herkimer County Republican Chair Sylvia Rowan, mentioned second chances and staffing shortages in defense of the hire. Concerns persist, however, about Gall’s fitness to serve, with many fearing her documented racism could undermine trust in the county’s legal system.

North Carolina: Charles Page, a former Ayden, North Carolina police lieutenant, and his son Treyvon, were sentenced to prison on January 14, 2025, for their roles in a drug trafficking operation, according to WITN out of Greenville. The elder Page, a 13-year veteran of the Ayden Police Department, betrayed his oath by using his access to confidential law enforcement databases to assist his son’s criminal activities. Charles was sentenced to four years in prison by U.S. Attorney Michael Easley, Jr. in Raleigh, and his son received 10 years. The abuse of power involved Charles providing Treyvon with sensitive information about ongoing drug investigations, effectively tipping off his son to potential law enforcement interference. Multiple instances were uncovered where Charles unlawfully queried Treyvon’s name and the names of his associates in police databases. Treyvon trafficked in cocaine, heroin, fentanyl, and marijuana in Pitt County.

Ohio: Former Columbus police officer Joel Mefford was sentenced to 50 months in prison on January 8, 2025, for stealing cocaine from police evidence and distributing it to others. Mefford pleaded guilty to multiple drug charges, including possession with intent to distribute and money laundering. Court documents indicate that Mefford deposited more than $72,000 in cash from the cocaine sales into his personal bank account. On several occasions he replaced the stolen cocaine from evidence with fake cocaine. According to WSYX out of Columbus, the 35-year-old served with the Columbus Police Department (“CPD”) for 13 years before resigning last year after being arrested on federal charges. The remorseful ex-narc was spared the maximum sentence of life in prison. Mefford is the fourth former Columbus police officer from the CPD’s drug cartel unit to be sentenced.

Tennessee: Tennessee Highway Patrol troopers wrongly arrested over 600 sober drivers for DUI between 2017 and 2023, according to an investigation done by WSMV Nashville. The investigators scoured through Tennessee Bureau of Investigation records to prepare their report. Over the six-year period, 609 individuals statewide were wrongfully charged despite bloodwork confirming no alcohol or drugs in their systems. The report outlines recent cases, including Stephanie Fair, arrested after a trooper falsely claimed to smell alcohol, and Candace Slate, who was detained despite low levels of prescribed medication and no alcohol. Each driver paid emotionally and financially, spending thousands on legal fees to prove their innocence. One of the victims, Thomas Manis, and his mother, are currently suing TrooperRiley Shreiner and veteran DUI officer Trooper William “Billy” Yates-Matoy, as blood work showed that Manis was sober at the time of his arrest. Body camera footage shows Shreiner turning off the audio on his body camera, including when a tow truck driver asks if Manis was drunk. Matthew Malhoit, a forensic alcohol consultant and trainer in Atlanta, criticized Tennessee’s lack of oversight and called for an independent commission to address possible training deficiencies or procedural misconduct.

Texas: The New York Post reported that Matthew Luckhurst, a former San Antonio police officer fired twice over allegations of giving a homeless man a sandwich made with dog feces, is now serving in Benavides, Texas. Luckhurst’s 2016 termination followed what San Antonio Police Chief William McManus called a “vile and disgusting act.” Although Luckhurst, 42, claimed the sandwich was meant to be thrown away and not eaten, the incident, coupled with reports of Luckhurst smearing a feces-like substance on a toilet seat in a women’s restroom at the police station, put his reputation in the crapper. Luckhurst briefly returned to the San Antonio force in 2019 after appealing his firing, however, he faced dismissal again in 2020. He was later hired in Floresville, Texas, in 2022 but was terminated within ten months after public backlash. In 2023, Benavides Police Chief Andre Hines defended Luckhurst’s hiring, citing a clean record since joining the department and claimed that a thorough background check ensured accountability. Despite Luckhurst’s sketchy past behavior, Hines emphasized his excellent performance in Benavides—with no complaints reported. Benavides is in southern Texas between San Antonio and the Mexican border and has just over 1,000 residents.

Texas: The Houston Police Department (“HPD”) announced plans on January 10, 2025, to incinerate hundreds of thousands of pounds of outdated drug evidence and other materials clogging property rooms, some dating back to the 1940s. The Houston Chronicle reported that the decision will address decades of mismanagement and infestation issues, such as rats thriving among 400,000 pounds of marijuana. HPD Chief Noe Diaz noted that the evidence room held 1.2 million pieces of evidence, including notes from a 1947 homicide case and cocaine from the 90s. He also noted that it costs millions of dollars to maintain evidence and millions to destroy it. Officials confirmed the destruction will target evidence from resolved cases and minor, decades-old crimes. New DA policies allow evidence predating 2015 to be destroyed which will reduce cost and storage concerns. Diaz said that evidence destruction would be carefully tracked with barcodes and tags. Prosecutors notified defense attorneys representing subjects in 3,600 open cases involving drug evidence that rats have been eating drugs held in the downtown evidence room.  

As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

 

 

Prison Phone Justice Campaign
Advertise Here 3rd Ad
Federal Prison Handbook - Side