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Treveno Campbell is charged with the killing of Memphis police officer Martoiya Lang in 2012 during the execution of a search warrant. Mike Brown/The Commercial Appeal

January 24, 2017 - Treveno Campbell is charged with killing Memphis police officer Martoiya Lang.(Photo: Yalonda M. James | USA Network - Tennessee)

Former Memphis police Officer Timothy Goodwin pleaded the fifth Saturday in the case of Treveno Campbell, who is charged with shooting Memphis police Officer Martoiya Lang to death during a search warrant.

Goodwin was one of two officers relieved of duty as the Tennessee Bureau of Investigation looked into inconsistencies in officers' statements about what happened after Lang was shot.Goodwin, who suffered from symptoms ofpost-traumatic stress disorder after the shooting,was later granteddisability pension for retirement.

He was subpoenaed for the defense.

Ill be exercising my Fifth Amendment right, he said during a hearing while the jury was out of the room.

Testimony in Campbell's trial began Tuesday and was scheduled to continue Sunday. Defense attorney William Massey said Campbell may testify.

Langwas shotDec. 14, 2012. The 32-year-old was a nine-year veteran,a mother of four and a member of the OCU's Team Six, which executed more than 200 search warrants that year. She was the first female officer killed in the line of duty in the history of the police department.

The day Lang was shot, Team Six arrived at a house in the Berclair areawhichwas the subject of a narcotics investigation. One occupant of the house surrendered, but another man inside, Campbell, opened fire on the officers, firing 11 shots and striking Lang and Officer William Vrooman,said Assistant District Attorney Alanda Dwyer.

Lang managed to fire three shots, which went into the ceiling, as she fell. Sgt. Darryl Dotson testified he shot Campbell after finding him crouched against a wall pointing a gun at him.

Once Treveno fell to the ground,he came with his hands up, Dotson testified earlier in the trial, demonstratingleaning forward and raising back with his hands up.

In court, Massey saidthat Goodwin made two different statements about what happened during the incident. In one, he saidCampbell had already hadhis hands up and then he got shot. In that statement, Goodwin said Campbell didn't look armed.

Goodwin's statements won't be seen by the jury, and he can plead the fifth, according to Shelby County Criminal Court Judge James Beasley.

Beasley marked the statements as exhibits for the record.

THE COMMERCIAL APPEAL

Officers tell Lang jury they ID'd themselves in raid

One of the exhibits also shows the police department's Inspectional Services Bureau asked why the TACT Unit wasn't called to execute the warrant.

"I do not know," Goodwin answered.

Also Saturday, firearms expert Cervinia Braswell showed thejury three weapons involved in the case.

Braswell displayed Campbell's 9 mm pistol in addition to the .40 caliber of Langand .40 caliber of Dotson.

"The bullet from (Lang's) autopsy came from Mr. Campbell's gun," Braswell testified.

Braswell testified that 17 shots were fired during the incident Campbell fired 11 times, Lang three times and Dotson three times.

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The state has said Campbell fired upon officers after they identified themselves, while his defense counsel argued he fired because he thought intruders were invading his home, located on Mendenhall Cove. Buckets of marijuana were found in the house and shown to the jury earlier in the trial.

THE COMMERCIAL APPEAL

Officers tell Lang jury they ID'd themselves in raid

THE COMMERCIAL APPEAL

MPD officer breaks down as he recalls seeing Lang shot

The defense began calling witnesses Saturday afternoon, including Paul Kish, a forensic consultant, who testified Campbell had three lacerations on the left side of his face in addition to the gunshot wounds.

A man who was in the house with Campbell during the incidenttestified police came in and said get down. The man, Willie Braddock, was taken into custody andcharged with drug counts.

He testified that he didnt hear anyone yelling police. Officers testified previously in the trial that members of the OCU team did identify themselvesloudly.

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Former cop pleads the fifth in Campbell trial - The Commercial Appeal - The Commercial Appeal

Protesters rally at New Yorks John F. Kennedy International Airport against the Muslim immigration ban on Saturday.

Stephanie Keith/Getty Images

The United States government is certain that Haider Sameer Abdulkhaleq Alshawi does not pose a security threat to the country. Thats why it granted Alshawi, an Iraqi, a visa to come to America and join his wife and children, who had already fled and resettled in Texas. (In Iraq, Alshawis family members were victims of an attempted kidnapping and a car bombing because Alshawis wife worked for a U.S. contractor.) On Friday, Alshawi boarded a flight to New Yorks JFK International Airport. While he was in the air, Donald Trump signed an executive order prohibiting Iraqi refugees from entering the country. When Alshawis plane landed, reports the New York Times, agents from Customs and Border Protection boarded it and took him into custody. They prohibited Alshawi from contacting his attorneys, who were waiting for him at the airport. The attorneys asked a CBP agent who they should speak to in order to help their client.

Mark Joseph Stern is a writer for Slate. He covers the law and LGBTQ issues.

Mr. President, a CBP agent responded. Call Mr. Trump.

As of Saturday afternoon, Alshawi is still being detained at JFK. He is one of multiple refugeesthe government wont say how many there arewith valid documents who is nevertheless being held at an airport. (Update, Jan. 29: Alshawi was released Saturday night.)Trumps expansive executive order prevents refugees, migrants, and even green-card holders from seven Muslim-majority countries from entering the U.S. (Reuters reports that green-card holders may be evaluated on a case-by-case basis.) The governments interpretation of the order has led to the immediate and indefinite detention of people who, until Friday, had every right to come into the country.

There are serious constitutional problems with Trumps executive order as a whole, including its preference for one particular religion (Christianity) and its denigration of another (Islam). The courts will debate these questions over the coming months. But for Alshawi and others like him, there is a more immediate concern: a complete and total lack of due process. As a chilling American Civil Liberties Union lawsuit filed Saturday demonstrates, Trumps executive order has led to the flagrantly unconstitutional detention of perfectly legal immigrants whose lone crime is their national origin and religion. It is not just morally wrong. It is illegal.

The Fifth Amendment to the Constitution provides basic procedural guarantees to individuals detained in the U.S., prohibiting the government from depriving individuals of liberty without due process of law. Alshawi arrived in the country lawfully carrying the requisite documentation. Pursuant to the Immigration and Nationality Act, he now has a right to apply for asylum and have his claims processed by federal authorities. But the government did not do that. Instead, it instantly placed him in detention, without a hearing or any kind of judicial oversight, and barred him from speaking with his attorneys.

That is an unconstitutional deprivation of Alshawis liberty without due process of law. The federal government cannot indefinitely detain a lawful visitor without a hearing or any semblance of reasonable suspicion because the president signed an executive order. Nor, under the equal protection component of the amendments Due Process Clause, may the government discriminate against Alshawi because of his national origin or religion. Yet federal officers are currently ignoring these fundamental constitutional principles. And the entire illegal system is the handiwork of one manTrumpacting far beyond the bounds of his executive authority. His is a government of men, not of laws, and it apparently has no compunction about locking up perceived enemies based solely on their identity. The very concept of due process emerged from a desire to limit the kings ability to order unlawful arrests. It appears we are returning to the days when the head of state can detain purported threats without a whiff of evidence that they have broken a law.

One of the ACLUs other clients, Hameed Khalid Darweesh, was freed on Saturday after Democratic representatives lobbied for his release. (Darweesh risked his life in Iraq working as an interpreter for the U.S. Army.) Alshawi is still being held, and the ACLU has requested a habeas corpus for him and those similarly situated. This extraordinary and uncommon relief would require the government to bring those detained before a judge and explain why they should continue to be held. When attorneys must resort to a habeas corpus petition to obtain basic due process rights for clients who have done nothing wrong other than being Iraqi Muslims, the federal government has entered dangerous territory. What is happening today is a constitutional crisis. And it may only be the start of Trumps assault on the rights of minorities in America.

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Trump Has Suspended Due Process for Muslims in America. This Is a Constitutional Crisis. - Slate Magazine (blog)

Federal Judge Ann M. Donnelly of the Eastern District of New York Courthouse in Brooklyn granted an injunction in response to a request filed by the American Civil Liberties Union and other legal organizations on behalf of individuals subject to President Trump's immigration ban from seven predominantly Muslim countries. (Published Saturday, Jan. 28, 2017)

A federal judge blocked the government from deporting immigrants being held due to President Donald Trump's executive immigration order.

Federal Judge Ann M. Donnelly of the Eastern District of New York Courthouse in Brooklyn granted an injunction in response to a request filed by the American Civil Liberties Union and other legal organizations on behalf of individuals subject to President Trump's immigration ban from seven predominantly Muslim countries.

The stay blocks anyone with a valid visa being held at airports from being deported.

The stay applies only to those currently within the U.S., but not to anyone who tries to come to the U.S. going forward. And it does not mean detainees will be released, only that they can't be deported, according to ACLU attorneys.

"Everyone now who came is safe, and that is absolutely critical. The courts worked the way they're supposed to work in our country," Lee Gelernt, Deputy Legal Director for the ACLU's Immigrants Rights Project, told MSNBC. "The president could not override the courts."

The ACLU said the judge ordered a list of detainees to be provided, and said it would go through the names and ensure they are released.

The Department of Homeland Security issued a statement early Sunday that said the court order would not affect the overall implementation of the White House order and that the court order affected a small number of travelers who were inconvenienced by security procedures upon their return.

"President Trump's Executive Orders remain in place. Prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety," the statement said.

Stephen Miller, a senior adviser to the White House, said: "Nothing in the Brooklyn judge's order in anyway impedes or prevents the implementation of the president's executive order which remains in full, complete and total effect."

The judge's order was hailed as a victory for activists fighting the president's order, but some qualified it as a small one in a larger battle.

"We believe the executive order is unconstitutional," ACLU Executive Director Anthony Romero told MSNBC. "We believe it violates the Fifth Amendment. We believe it violates the First Amendment. We think it's illegal under existing immigration statues. So we will live to fight another day to make sure this executive order dies on the vine."

Trump Immigration Order Triggers Protests Across US

U.S. Sen. Tammy Duckworth, D-Ill., told MSNBC that the executive action resulted in infringements on the constitutional rights of detained travelers.

"Some of the folks who have been detained are American citizens," she said. "This is not all refugees."

She called what happened to travelers Saturday "a dangerous thing."

It was unclear how quickly the order might affect people in detention, the Associated Press was reporting.

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The order signed by Trump on Friday puts in place a 120-day hold on entry of refugees to the U.S., and indefinitely suspends the admission of Syrian refugees until the president is satisfied that changes have been made.

It also suspends entry for 90 days from certain nations based on statute related to the Visa Waiver Program. The most recent version of that program lists Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen.

Critics blasted the order as "Muslim ban," which Trump has denied. Trump said the order was necessary to keep foreign terrorists out of the U.S. The president on the campaign trail and after taking office called for "extreme vetting" of some entering the country.

Under Trump's order, it had appeared that an untold number of foreign-born U.S. residents now traveling outside the U.S. could be stuck overseas for at least 90 days even though they held permanent residency "green cards" or other visas. However, an official with the Department of Homeland Security said Saturday night that no green-card holders from the seven countries cited in Trump's order had been prevented from entering the U.S.

Omar Jadwat, director of the ACLU Immigrants Rights Project, told MSNBC that the goal going forward now is to ensure there are no more widespread airport detentions as there were Saturday.

"We will continue to put pressure on the government to try to ensure that people are not detained, because again, these are people who have gone through the whole process," he said, referring to the vetting procedures already in place for refugees and others entering the country.

"Stay is granted," ACLU Voting Rights Project Director Dale Ho announced earlier on Twitter. "Stay is national."

The ACLU's Gelernt said in a statement:

This ruling preserves the status quo and ensures that people who have been granted permission to be in this country are not illegally removed off U.S. soil.

The ACLU filed the suit on behalf of twoIraqi refugees who were detained after arriving at New York's John F. Kennedy Airport following the order. They were later released, and a senior Trump administration official said waivers would be granted.

Protests erupted in multiple airports across the nation Saturday over the order.

On Sunday morning, Trump reiterated his support for "extreme vetting" in a tweet.

"Our country needs strong borders and extreme vetting, NOW. Look what is happening all over Europe and, indeed, the world - a horrible mess!" he wrote.

Published at 9:22 PM EST on Jan 28, 2017 | Updated at 12:26 PM EST on Jan 29, 2017

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Judge Blocks Part of Trump's Immigration Order - NBC New York

Legal Topics > Criminal Law and Police > General Criminal Law > Criminal Law

When a person is charged with a crime, they become a criminal defendant. The government must prove guilt beyond a reasonable doubt before convicting and punishing a defendant for a crime.

The United States Constitution provides criminal defendants with many constitutional rights. These rights control how the government investigates, prosecutes and punishes criminal behavior. These include rights provided in the fourth, fifth, sixth, and eighth amendments.

The Fourth Amendment protection against unreasonable searches and seizures:

The Fifth Amendment protects against self-incrimination (the right to remain silent) and double jeopardy:

The Sixth Amendment provides criminal defendants with the right to legal representation, the right to a speedy trial, and the right to confront witnesses:

The Eighth Amendment provides criminal defendants with the right to a reasonable bail and the right to not be subjected to cruel and unusual punishment:

Yes. Legal representation can be crucial if you are charged with a crime. Criminal charges are life changing and it is in your best interest to get counsel. An experienced defense attorney can help protect your rights and represent you in court.

Consult a Lawyer - Present Your Case Now! Last Modified: 06-16-2015 02:09 PM PDT

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Rights of Criminal Defendants | LegalMatch Law Library

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Tara Ord Sidorovich

PUNTA GORDA, FLA. Phillip Barr invoked his right to remain silent at the trial of his co-defendant, David McMannis, for the 2001 murder of West Scranton native Tara Ord Sidarovich.

Mr. McMannis trial began earlier this month. A grand jury indicted Mr. Barr and Mr. McMannis on first-degree murder charges in 2012, 11 years after Ms. Sidarovich disappeared from her home in Punta Gorda, Florida. Her skeletal remains were found in July 2002 in a wooded area in Charlotte County.

Mr. Barr, convicted for the murder in 2015 and sentenced to life in prison, was transported to Florida from Vermont where he is in custody pending a trial on other charges. He appeared at the Charlotte County Justice Center for a hearing on Thursday afternoon with his attorney, Mark DeSisto, and said he had been advised to invoke his fifth amendment right. Under the fifth amendment, criminal defendants are protected from giving a testimony which may incriminate themselves.

On Monday, Ms. Sidarovichs sister, Veronica Ord, testified about what she found when she arrived at the home soon after her sisters disappearance. Only 12 at the time, she and her younger brother, Paul, were the first to arrive home that afternoon. On the stand, she said they found the door unlocked and slightly ajar but no one inside.

Ms. Ord corroborated testimony given by her mother, saying Ms. Sidarovichs purse was on the dresser, and her car was in the driveway, but her sister was nowhere to be found. A sheet and blanket from Ms. Sidarovichs bed had been placed on Ms. Ords bed instead.

With an average of three witnesses a day, prosecutors expect to rest their case sometime during the week of Feb. 10. The defense plans to take another week and a half to present their case.

Contact the writer:

aeasker@sun-herald.com

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Convicted murderer takes fifth in trial involving Scranton native's ... - Scranton Times-Tribune