Friday, May 29, 2009

A rare habeas corpus win
for a PRforLAW, LLC client

After 10 years of consummate litigation attorney Timothy J. Mcinnis, Esq, has won a rare habeas corpus writ for his client, businessman Paul Kamienski, telling the Asbury Park Press for today’s editions that “An innocent man is going to be released.”

Kamienski, who had business interests in North Jersey and Florida, was unjustly convicted of murder by the Ocean County, New Jersey, Prosecutor for his alleged role in a New Jersey seashore double murder in 1983. He has been imprisoned for more than 20 years under a 30-to-life sentence.

In its opinion issued yesterday, a unanimous three-judge U.S. Court of Appeals for the Third Circuit panel found insufficiency of evidence for the felony murder conviction stating, "...based on our review of the evidence, the picture is simply not there and its existence can not be inferred absent the kind of guesswork that due process prohibits. Indeed, we can not accept the state’s view of the evidence without choking all vitality from the requirement of proof beyond a reasonable doubt. The government’s arguments to the contrary rely not on inferences but on speculation."

Here's the first news that moved on Paul Kamienski's case.

The unique litigation Web site created for the case by PRforLAW, LLC has been updated. This reference site, www.ReleasePaulNow.com, includes the opinion, oral argument transcript and recordings, all filed documents, Kamienski's life story, and a description of the case. The site went live moments after the oral arguments this past April 16th.

Once you've been a wire service reporter with a deadline every few hours it's impossible to imagine what it’s like to work 10 years on anything, let alone a case in which a person’s freedom is involved. The prosecutor has 14 days to determine whether to seek reconsideration by the three-judge panel, the entire Court or both.

PRforLAW, LLC provided legal media relations support to the Manhattan-based Law Firm of Timothy J. McInnis, Esq. for the Kamienski case.

I've known Tim McInnis for more than 20 years, starting back when he was an Assistant U.S. Attorney in the Frauds Division and I managed legal media relations and the Public Affairs Office for the U.S. Attorney for the District of New Jersey. He has been a key client of PRforLAW, LLC for many years.

Labels: , , , , , , , ,

Saturday, October 20, 2007

2005 PA Crime Prevention Awardee's Home Searched By DHS-ICE Special Agents

One of 18 recipients of the Commonwealth of Pennsylvania's 23rd annual Citizen Crime Prevention Award, who was honored for, among other things, "accept[ing] the responsibility and challenges of ensuring the safety of the residents of their community and the commonwealth" has become a subject or target of a federal investigation.

Almost two years to the day after Gov. Ed Rendell announced the Pennsylvania Commission on Crime & Delinquency awards in 2005, Carl Pearson is getting an up front and personal look into the workings of federal law enforcement.

On October 9th, Special Agents of the Department of Homeland Security's Immigration and Customs Enforcement executed a search warrant at Pearson' Bensalem, Pennsylvania home, during, of all things, Pennsylvania's Crime Prevention Month.

While Pearson was in Florida ICE executed its warrant, leaving a receipt, Pearson told The Bucks County Courier-Times, for a mirror of his computer hard drive, a box of "paperwork," two handguns and a submachine gun. "Pearson said he has a license for each weapon. The submachine gun, a MAC-10, had a flash suppressor, he said," according to the newspaper.

In 2005, when the governor's awards were announced, the newspaper called Pearson, "a town watch and civic association leader."

Owner of the center-city Philadelphia, Mako Bar and Grill who also operates a temporary employment agency based near his home, Pearson had no idea why he was the target of this action and promised to hire an attorney and accept ICE's invitation to meet with the investigators on Monday the 15th, according to the newspaper.

It's been almost a week and we've yet to read more about Pearson who also sits on Bensalem Township's advisory board for the new Philadelphia Park Casino. I wonder if his attorney allowed him to set foot near the federal building.

Pearson could have used a little Criminal Justice 101 and Legal Media Relations 101 before he talked to the newspaper reporter.

CJ 101: Pearson complained that the search warrant came out of the blue. Duh! Imagine how many shredders would be sold if warrants were mailed one week in advance so recipients could "get ready?"

“It's humiliating that they can come and search your house without warning,” he told the newspaper.

(Searches always are secret, conducted pursuant to affidavits that are under seal unless and until cases go somewhere. And sometimes they go nowhere, which is why they are secret, to protect those who are never charged with wrongdoing as well as allow investigations to proceed as secretly as possible.)

LMR 101: Somewhere in the story Pearson should have insited on being quoted as stating while he has not idea what agents were seeking he understands that he could simply be a subject of a probe focused on a different target.

Here's what he also should have said:

"As we all wait to see what develops from this investigation I've offered authorities any help they need. I can assure residents of Bensalem Township and Pennsylvania that I've committed no crimes, nor have I knowingly permitted illegal activity in my home or in connection with either of my businesses."

But the Courier-Times, had an idea as to where the investigation is heading, stating that, "Law enforcement sources familiar with the investigation said the search is part of an investigation into the re-entry of several previously deported illegal immigrants. They confirmed Pearson has not been charged."

Is a flash suppressor for a MAC-10 legal?

Labels: , , , , , ,