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<channel><title><![CDATA[THE MCDANIEL LAW FIRM - In the News]]></title><link><![CDATA[https://www.themcdaniellawfirm.com/headlines]]></link><description><![CDATA[In the News]]></description><pubDate>Mon, 12 Jan 2026 22:05:46 -0600</pubDate><generator>EditMySite</generator><item><title><![CDATA[Town honors prosecutor Mark McDaniel for 25 years of service]]></title><link><![CDATA[https://www.themcdaniellawfirm.com/headlines/mark-mcdaniel-honored-for-25-years-of-service]]></link><comments><![CDATA[https://www.themcdaniellawfirm.com/headlines/mark-mcdaniel-honored-for-25-years-of-service#comments]]></comments><pubDate>Thu, 24 Aug 2017 06:00:00 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.themcdaniellawfirm.com/headlines/mark-mcdaniel-honored-for-25-years-of-service</guid><description><![CDATA[&#8203;For a quarter of a century, Collierville Prosecutor Mark McDaniel has led the Town&rsquo;s municipal court system, helping it earn a reputation as one of the best around.Town officials honored McDaniel at an August 14 Board of Mayor and Aldermen meeting for 25 years of service in Collierville.&#8203;Finance Director Mark Krock presented McDaniel with his 25-year pin on the 14th, noting, &ldquo;I&rsquo;ve watched in work in many court sessions, and I can tell you we are fortunate to have M [...] ]]></description><content:encoded><![CDATA[<div class="paragraph"><span>&#8203;</span>For a quarter of a century, Collierville Prosecutor Mark McDaniel has led the Town&rsquo;s municipal court system, helping it earn a reputation as one of the best around.Town officials honored McDaniel at an August 14 Board of Mayor and Aldermen meeting for 25 years of service in Collierville.<br />&#8203;<br />Finance Director Mark Krock presented McDaniel with his 25-year pin on the 14<span>th</span>, noting, &ldquo;I&rsquo;ve watched in work in many court sessions, and I can tell you we are fortunate to have Mr. McDaniel as our Town Prosecutor.&rdquo;<br /><br />Mayor Stan Joyner called it &ldquo;a service milestone that is certainly to be congratulated,&rdquo; and Judge Craig Hall said McDaniel&rsquo;s loyal and professional service has earned the Town&rsquo;s court system a stellar reputation in Shelby County.<br /><span></span>&ldquo;I want to thank all of you for reappointing him. We have five cities in this county with city courts, which makes eight or nine divisions of municipal court,&rdquo; Judge Hall said.<br /><span></span>&ldquo;In privacy, I could rate them. I would give many of them a C. But because of Mark McDaniel, our court in Collierville is an A,&rdquo; he added. &ldquo;He has the skill and the character and the faithfulness, and my job has been made easy because of him.&rdquo;<br /><span></span></div>  <div style="text-align:left;"><div style="height: 10px; overflow: hidden;"></div> <a class="wsite-button wsite-button-small wsite-button-normal" href="http://www.colliervilleherald.net/news/town-honors-prosecutor-mark-mcdaniel-for-years-of-service/article_d53eb438-836f-11e7-a2f6-8343383a50bf.html" target="_blank"> <span class="wsite-button-inner">Read Full Article Here</span> </a> <div style="height: 10px; overflow: hidden;"></div></div>]]></content:encoded></item><item><title><![CDATA[Do Personal Breathalyzers Give a False Sense of Security]]></title><link><![CDATA[https://www.themcdaniellawfirm.com/headlines/do-personal-breathalyzers-give-a-false-sense-of-security]]></link><comments><![CDATA[https://www.themcdaniellawfirm.com/headlines/do-personal-breathalyzers-give-a-false-sense-of-security#comments]]></comments><pubDate>Fri, 03 Feb 2017 16:20:31 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.themcdaniellawfirm.com/headlines/do-personal-breathalyzers-give-a-false-sense-of-security</guid><description><![CDATA[         See the Full WREG Channel 3 Report Here   [...] ]]></description><content:encoded><![CDATA[<div><div class="wsite-image wsite-image-border-none " style="padding-top:10px;padding-bottom:10px;margin-left:0;margin-right:0;text-align:center"> <a> <img src="https://www.themcdaniellawfirm.com/uploads/5/1/1/5/51154597/breathalyzer-interview_1_orig.jpg" alt="Picture" style="width:auto;max-width:100%" /> </a> <div style="display:block;font-size:90%"></div> </div></div>  <div style="text-align:center;"><div style="height: 20px; overflow: hidden;"></div> <a class="wsite-button wsite-button-large wsite-button-normal" href="http://wreg.com/2017/02/02/do-personal-breathalyzers-give-you-a-false-sense-of-security-about-your-drinking/" target="_blank"> <span class="wsite-button-inner">See the Full WREG Channel 3 Report Here</span> </a> <div style="height: 20px; overflow: hidden;"></div></div>]]></content:encoded></item><item><title><![CDATA[Germantown levels fines on beer offenders]]></title><link><![CDATA[https://www.themcdaniellawfirm.com/headlines/germantown-levels-fines-on-beer-offenders]]></link><comments><![CDATA[https://www.themcdaniellawfirm.com/headlines/germantown-levels-fines-on-beer-offenders#comments]]></comments><pubDate>Tue, 13 Oct 2015 17:36:26 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.themcdaniellawfirm.com/headlines/germantown-levels-fines-on-beer-offenders</guid><description><![CDATA[Five Germantown restaurants were caught selling beer to minors during stings late in July, police said. The Board of Mayor and Aldermen, acting as the beer board, heard the details Monday evening, including that wait staff in four cases actually checked IDs and served the minors anyway.Chili's, 7810 Poplar, Petra Cafe, 6641 Poplar, and Soul Fish Cafe, 3160 Village Shops Drive, all repeat offenders, each received a $1,000 fine or 45-day suspension of their beer permits. In the case of Chili's, it [...] ]]></description><content:encoded><![CDATA[<div class="paragraph" style="text-align:left;">Five Germantown restaurants were caught selling beer to minors during stings late in July, police said. The Board of Mayor and Aldermen, acting as the beer board, heard the details Monday evening, including that wait staff in four cases actually checked IDs and served the minors anyway.<br /><span></span>Chili's, 7810 Poplar, Petra Cafe, 6641 Poplar, and Soul Fish Cafe, 3160 Village Shops Drive, all repeat offenders, each received a $1,000 fine or 45-day suspension of their beer permits. In the case of Chili's, it was half of the $2,000 fine city prosecutor Mark McDaniel recommended. Alderman John Barzizza said $2,000 was too high for a simple math error on the server's part.<br /><span></span>He also suggested Chili's and other establishments that fire servers for serving underage patrons consider rehiring them, suggesting they will never make the error again.<br /><span></span>Maui Brick Oven, 7850 Poplar, which has closed since the sting, had its beer permit revoked. First-time violator Elfo's, 2285 S. Germantown Road, received a $500 fine or 14-day suspension of its permit.<br /><span></span>Alex Grisanti, proprietor of Elfo's, said it would not happen again. His server, a longtime manager, was not fired. When Barzizza recommended the server retake a "responsible server course," Grisanti said he had already ordered it.<br /><span></span>Elfo's was the only restaurant that served the teenager working with police without carding. All others did check ID, apparently not noticing the red line around the photo on driver's licenses issued to those under 21 by the state of Tennessee. In some cases, the servers had been given a paper copy of the cutoff year and date to put in their pockets at the start of their shift and still failed.<br /><span></span>An Elfo's spokesman said the teenage girl was served at 4 p.m., just as the restaurant opened, although he admitted it was no excuse. Others said their establishments had redoubled efforts to make sure all are carded.<br /><span></span>"Our community takes alcohol sales to minors very seriously, with enforcement a priority of our police department," Mayor Mike Palazzolo said before the meeting. "With so much emphasis on not serving to minors, I'm always mystified why servers continue to violate this law."<br /><span></span>In all five cases, the servers were charged with misdemeanors.<br /><span></span>The board has authority to fine the establishments up to $2,500 or suspend or revoke their beer licenses.<br /><span></span>Establishments have seven days to pay the fine before their license is suspended.<br /><span></span></div>]]></content:encoded></item><item><title><![CDATA[Ford's Landlord Admits He Lied: Pleads Guilty to Perjury in FBI Investigation]]></title><link><![CDATA[https://www.themcdaniellawfirm.com/headlines/sample]]></link><comments><![CDATA[https://www.themcdaniellawfirm.com/headlines/sample#comments]]></comments><pubDate>Wed, 10 Apr 2013 20:05:43 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.themcdaniellawfirm.com/headlines/sample</guid><description><![CDATA[As reported by Trevor Aaronson&nbsp;here&nbsp;in the&nbsp;Commercial Appeal  Dennis Churchwell (left), landlord of Edmund Ford Sr., leaves federal court Wednesday with his attorney, Mark McDaniel. (Photo by Mike Maple/The Commercial Appeal) Dennis Churchwell pleaded guilty in federal court Wednesday to a felony perjury count related to grand jury testimony he gave as part of FBI Operation Main Street Sweeper.  The local businessman and property owner admitted he lied to a grand jury by saying in [...] ]]></description><content:encoded><![CDATA[<div class="paragraph" style="text-align:left;">As reported by Trevor Aaronson&nbsp;<a href="http://www.commercialappeal.com/news/local-news/fords-landlord-admits-he-lied" target="_blank" title="">here</a>&nbsp;in the&nbsp;<em style="">Commercial Appeal</em></div>  <span class='imgPusher' style='float:left;height:0px'></span><span style='display: table;z-index:10;width:358px;position:relative;float:left;max-width:100%;;clear:left;margin-top:0px;*margin-top:0px'><a><img src="https://www.themcdaniellawfirm.com/uploads/5/1/1/5/51154597/2779155.jpg?340" style="margin-top: 5px; margin-bottom: 10px; margin-left: 0px; margin-right: 10px; border-width:1px;padding:3px; max-width:100%" alt="Picture" class="galleryImageBorder wsite-image" /></a><span style="display: table-caption; caption-side: bottom; font-size: 90%; margin-top: -10px; margin-bottom: 10px; text-align: center;" class="wsite-caption">Dennis Churchwell (left), landlord of Edmund Ford Sr., leaves federal court Wednesday with his attorney, Mark McDaniel. (Photo by Mike Maple/The Commercial Appeal)</span></span> <div class="paragraph" style="text-align:justify;display:block;"><span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">Dennis Churchwell pleaded guilty in federal court Wednesday to a felony perjury count related to grand jury testimony he gave as part of FBI Operation Main Street Sweeper.</span><br /><span style=""></span><br /><span style=""></span>  <span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">The local businessman and property owner admitted he lied to a grand jury by saying indicted former city councilman Edmund Ford Sr. was not delinquent in paying rent for 3390 Elvis Presley Blvd., where the politician runs E.H. Ford Mortuary Services.</span><br /><span style=""></span><br /><span style=""></span>  <span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">Under the plea agreement, federal prosecutors will drop five other perjury charges against Churchwell.</span><br /><span style=""></span><br /><span style=""></span>  <span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">The politician's landlord appeared before the grand jury on March 27, 2007, as part of the FBI operation that investigated, among other things, how Ford used his elected position for personal financial gain.</span><br /><span style=""></span></div> <hr style="width:100%;clear:both;visibility:hidden;"></hr>  <div>  <!--BLOG_SUMMARY_END--></div>  <div class="paragraph" style="text-align:left;"><br /><span style=""></span><span style=""></span><span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">According to a statement of facts signed by Churchwell and submitted to the court, Ford lobbied for and voted in favor of a special-use permit on July 19, 2005, that allowed Churchwell to store heavy equipment, such as bulldozers, at his property at 3403 Elvis Presley Blvd. In turn, Churchwell allowed Ford to become delinquent on his $2,500 monthly rent.</span><br /><span style=""></span><br /><span style=""></span><span style=""></span><span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">During the investigation, federal authorities tried to determine whether Churchwell forgave Ford's rent in exchange for the councilman's help in obtaining the special-use permit.</span><br /><span style=""></span><br /><span style=""></span><span style=""></span><span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">When interviewed by FBI agent Mark Post in February 2007, Churchwell said Ford was about $24,000 behind in rent, according to the statement of facts. His story changed one month later when he appeared before a grand jury.</span><br /><span style=""></span><br /><span style=""></span><span style=""></span><span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">"At the end of 2005, he was paid up," Churchwell said of Ford while under oath.&nbsp;</span><span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">Tax records didn't substantiate that claim. On her 2005 tax form, Churchwell's wife, Lynley, reported $4,610 in rental income from 3390 Elvis Presley Blvd. when the income should have been as much as $30,000, the government discovered.</span><br /><span style=""></span><br /><span style=""></span><span style=""></span><span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">Asked outside the courthouse why Churchwell lied to the grand jury about Ford's rent, the businessman's attorney, Mark McDaniel, replied tersely: "I don't think that's a fair question."</span><br /><span style=""></span><br /><span style=""></span><span style=""></span><span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">McDaniel said the grand jury testimony placed Churchwell, who is illiterate and has only an eighth-grade education, in a situation whose gravity he did not fully understand. In fact, McDaniel noted, Churchwell went before the grand jury without an attorney by his side.</span><br /><span style=""></span><br /><span style=""></span><span style=""></span><span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">"I believe the responses came more from frustration than it was to be a liar," McDaniel said of the grand jury testimony.</span><br /><span style=""></span><br /><span style=""></span><span style=""></span><span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">Churchwell will be sentenced Aug. 5. He faces up to 16 months in prison.&nbsp;</span><span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">Churchwell isn't the only Memphian whose relationship with Ford turned poisonous.</span><br /><span style=""></span><br /><span style=""></span><span style=""></span><span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">Former Memphis Light, Gas and Water Division president Joseph Lee III is awaiting trial on federal charges that allege he allowed Ford's utility bill to grow to more than $16,000 without cutoffs in return for the politician's help in pushing the MLGW executive's confirmation through a divided City Council.</span><br /><span style=""></span><br /><span style=""></span><span style=""></span><span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">In addition, Ford is awaiting trial not only for the MLGW-related charges but also for accepting bribes in the FBI's 2006 money-for-votes sting.&nbsp;</span><span "font-size:8.5pt;="" font-family:helvetica;mso-bidi-font-family:helvetica;color:#111111"="" style="">Ford elected not to run for re-election in 2007. His son, Edmund Ford Jr., won the race to succeed him.</span><br /></div>]]></content:encoded></item><item><title><![CDATA[Prison Drug-dealing Charge Scuttles Plea Deal for Memphis Underling of International Drug Kingpin Craig Petties]]></title><link><![CDATA[https://www.themcdaniellawfirm.com/headlines/-prison-drug-dealing-charge-scuttles-plea-deal-for-memphis-underling-of-international-drug-kingpin-craig-petties]]></link><comments><![CDATA[https://www.themcdaniellawfirm.com/headlines/-prison-drug-dealing-charge-scuttles-plea-deal-for-memphis-underling-of-international-drug-kingpin-craig-petties#comments]]></comments><pubDate>Tue, 11 Dec 2012 23:00:32 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.themcdaniellawfirm.com/headlines/-prison-drug-dealing-charge-scuttles-plea-deal-for-memphis-underling-of-international-drug-kingpin-craig-petties</guid><description><![CDATA[As reported by Beth Warren here in the Commercial Appeal:Collierville resident Vacha Vaughn escaped two murder plots against him by one of the largest and most deadly cocaine trafficking rings in Tennessee history.  His closest call was on July, 26, 2004, when two drug thieves posing as police signaled him to pull over in his Chevrolet Avalanche. When Vaughn got out of the vehicle, the men peppered him with bullets, critically injuring him.  Vaughn's boss, international drug lord and multimillio [...] ]]></description><content:encoded><![CDATA[<div class="paragraph" style="text-align:left;">As reported by Beth Warren <a href="http://www.commercialappeal.com/news/local-news/prison-drug-dealing-charge-scuttles-plea-deal-of" target="_blank" title="">here</a> in the <em>Commercial Appeal</em>:<br /><br /><span style="">Collierville resident Vacha Vaughn escaped two murder plots against him by one of the largest and most deadly cocaine trafficking rings in Tennessee history.</span><br /><span style=""></span><br /><span style=""></span>  <span style="">His closest call was on July, 26, 2004, when two drug thieves posing as police signaled him to pull over in his Chevrolet Avalanche. When Vaughn got out of the vehicle, the men peppered him with bullets, critically injuring him.</span><br /><span style=""></span><br /><span style=""></span>  <span style="">Vaughn's boss, international drug lord and multimillionaire Craig Petties, later began to mistrust Vaughn and put his own hit on Vaughn's life, but federal agents learned of the plot and intervened.</span><br /><span style=""></span><br /><span style=""></span></div>  <div>  <!--BLOG_SUMMARY_END--></div>  <div class="paragraph" style="text-align:left;"><span style="">He seemed lucky when it counted. Through the years, Vaughn &mdash; a cocaine trafficker known as "V Dog" &mdash; also had altercations with police from at least three different agencies. In a 2006 incident, he led local and federal law enforcement on a high-speed chase that ended when he rammed his Jeep Commander into a Shelby County Sheriff's patrol car. Yet he escaped relatively unscathed. Now, that luck may have run out.</span><br /><span style=""></span><br /><span style=""></span>  <span style="">On the eve of his sentencing next week for his role in Petties' crime organization, Vaughn is accused of selling marijuana at the West Tennessee Detention Facility, a federal jail in Mason &mdash; nullifying his plea deal with prosecutors on charges of trafficking large amounts of cocaine.</span><br /><span style=""></span><br /><span style=""></span>  <span style="">Prosecutors recently withdrew their motion to support a reduced sentence for co-defendant Demetrius Fields, of Germantown, after allegations surfaced in August that he sold cocaine at the Mason jail.</span><br /><span style=""></span><br /><span style=""></span>  <font color="#a85f2e"><strong style=""><span "font-size:9.0pt;line-height:="" 150%;font-family:georgia;color:#1a1a1a"="" style="">Vaughn's attorney, Mark McDaniel, said he learned of the new allegations against his client during a phone call from a federal prosecutor.</span></strong><br /><span style=""></span><br /><span style=""></span>  <strong style=""><span "font-size:9.0pt;line-height:="" 150%;font-family:georgia;color:#1a1a1a"="" style="">"I've never had this happen before," he said this week. "It's disappointing and discouraging.</span></strong><br /><span style=""></span><br /><span style=""></span>  </font><strong style=""><span "font-size:9.0pt;line-height:="" 150%;font-family:georgia;color:#1a1a1a"="" style=""><font color="#a85f2e">"I think he has served enough time for what he has done."</font></span></strong><br /><span style=""></span><br /><span style=""></span>  <span style="">Vaughn has been in jail for about six years while prosecutors secured guilty pleas from Petties and more than 40 drug ring associates and convictions for alleged Petties hit men Clinton "Goldie" Lewis and his cousin Martin "M" Lewis. The organization, with ties to a vicious Mexican drug cartel, is blamed for six murders and other crimes spanning 17 years, including pumping millions of dollars of cocaine and marijuana into the southeastern U.S.</span><br /><span style=""></span><br /><span style=""></span>  <span style="">Because Vaughn has cooperated with the investigation, McDaniel had hoped his client would receive a sentence of less than 20 years. Now, Vaughn could face up to life in a federal prison without parole.</span><br /><span style=""></span><br /><span style=""></span>  <span style="">U.S. Dist. Judge Samuel "Hardy" Mays is scheduled to determine the punishment during a hearing Tuesday.</span><br /><span style=""></span><font color="#a85f2e"><br /><span style=""></span>  <strong style=""><span "font-size:9.0pt;line-height:="" 150%;font-family:georgia;color:#1a1a1a"="" style="">McDaniel said his client had a less active role in the drug ring than alleged by federal agents, who portrayed Vaughn as part of Petties' inner circle after Petties fled Memphis for Mexico.</span></strong><br /><span style=""></span><br /><span style=""></span>  </font><strong style=""><span "font-size:9.0pt;line-height:="" 150%;font-family:georgia;color:#1a1a1a"="" style=""><font color="#a85f2e">"He didn't help plot murders," the defense attorney said. "He didn't help carry out murders. He was given drugs and he dealt those drugs. He was a distributor."</font></span></strong><br /><span style=""></span><br /><span style=""></span>  <span style="">Prosecutors won't discuss the pending case and many of the documents are sealed, but other associates have accused Vaughn in federal documents and court testimony of helping to kidnap murder victim Marcus Turner, who was tortured for days, stripped nude, shot and dumped in an Olive Branch ditch in 2006. A Petties associate had stolen more than $4 million worth of cocaine and Petties thought Turner could help them find the thief.</span><br /><span style=""></span><br /><span style=""></span>  <span style=""><font color="#a85f2e"><strong>McDaniel said of his client's role: "He may have summoned Marcus Turner to a meeting, but he had no knowledge at all that there was going to be a murder."</strong></font></span><br /><font color="#a85f2e"><br /></font><br /><span style="">In court documents, agents with the U.S. Drug Enforcement Agency accuse Vaughn of ordering and bankrolling the August 2004 revenge death of Latrell Small, 32, whom Vaughn believed was one of the fake cops who shot him a month earlier. When a Petties hit man shot Small at a South Memphis apartment complex, the victim's 25-year-old friend Kalonji Griffin happened to be in the car and also was killed.</span><br /><span style=""></span><br /><span style=""></span>  <strong style=""><span "font-size:9.0pt;line-height:="" 150%;font-family:georgia;color:#1a1a1a"="" style=""><font color="#a85f2e">McDaniel, who said his client isn't to blame for the double murder, said Vaughn has "turned his life around. He's due another chance."</font></span></strong><br /><span style=""></span><br /><span style=""></span>  <span style="">The attorney also questioned prosecutors' proof of the new drug-dealing allegation from two sources whose identities have not been revealed to the defense.</span><br /><span style=""></span><br /><span style=""></span>  <span style=""></span><br /><span style=""></span></div>]]></content:encoded></item><item><title><![CDATA[DNA may be star in trial debut]]></title><link><![CDATA[https://www.themcdaniellawfirm.com/headlines/dna-may-be-star-in-trial-debut]]></link><comments><![CDATA[https://www.themcdaniellawfirm.com/headlines/dna-may-be-star-in-trial-debut#comments]]></comments><pubDate>Mon, 31 Mar 2008 02:19:03 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.themcdaniellawfirm.com/headlines/dna-may-be-star-in-trial-debut</guid><description><![CDATA[As reported by Lawrence Buser March 30, 1992 in The Commercial Appeal&nbsp; &nbsp; &nbsp;When science comes to the courtroom in two pending rape trials here, the outcome may hinge not so much on police detectives as on DNA detectives. The trials, including one involving a former Juvenile Court officer, will be the first in West Tennessee to use so-called DNA fingerprinting. The controversial process of using genetic material to link suspects to crimes has been used several hundred times since it [...] ]]></description><content:encoded><![CDATA[<div class="paragraph" style="text-align:left;"><strong>As reported by Lawrence Buser March 30, 1992 in <em>The Commercial Appeal</em></strong><br /><br />&nbsp; &nbsp; &nbsp;<font color="#2a2a2a">When science comes to the courtroom in two pending rape trials here, the outcome may hinge not so much on police detectives as on DNA detectives. The trials, including one involving a former Juvenile Court officer, will be the first in West Tennessee to use so-called DNA fingerprinting. The controversial process of using genetic material to link suspects to crimes has been used several hundred times since it was first used in 1987 to convict an accused rapist in Florida. it has been used in solving paternity cases since the 1970's.&nbsp;<br /><br />&nbsp; &nbsp; &nbsp;Criminal investigators say the cellular testing method is the greatest breakthrough since fingerprint identification was developed in the early 1900's. Although not yet as precise as comparing fingerprints, they say DNA testing can identify someone often with a 1-in-a-100-million chance of error or less.&nbsp;<br /><br />&nbsp; &nbsp; &nbsp;But critics say the probability numbers are exaggerated and that often the chance of error may be as great as 1 in 128. They worry that jurors may be blinded by science and the result could be the conviction of innocent defendants. "It's far too young to be relied upon as heavily as it is," defense attorney Mark McDaniel said. "In the early 1900's they built a boat (the Titanic) that was supposed to be unsinkable. How many people lost their lives on the unsinkable boat?"<br /><br />&nbsp; &nbsp; &nbsp;In any event, DNA in the courtroom appears here to stay. Although several trial judges have banned it as unreliable, most judges believe DNA fingerprinting has gained general acceptance in the scientific community and are allowing DNA in the courtroom. Last year the Tennessee legislature passed a bill allowing DNA evidence into courtrooms and directing Tennessee Bureau of Investigation to establish a DNA testing lab and a DNA data bank of convicted sex offenders to identify or eliminate suspects in future crimes.</font><br /><strong>&nbsp; &nbsp; &nbsp;</strong></div>  <div>  <!--BLOG_SUMMARY_END--></div>  <div class="paragraph" style="text-align:left;">&nbsp; &nbsp; &nbsp;Most testing is done in the FBI crime laboratory in Washington, and, to a lesser extent, at private laboratories. DNA or deoxyribonucleic acid and determines individual characteristics such as eye, hair, and skin color. With the exception of identical twins, each person's DNA has a unique genetic pattern or blueprint. DNA analysis compares samples of blood, hair, semen or saliva found at a crime scene with the DNA makeup of a suspect. In the lab, the DNA samples are cut into fragments, separated into bands and compared on a slide where they resemble bar codes on grocery store products.<br /><br />&nbsp; &nbsp; &nbsp;"Three years ago it was met with disbelief but juries usually understand what's going on now," said mark Stolorow of Cellmark Diagnostics, a private DNA testing lab in Germantown, MD, near Washington. "The next step is to make testing faster, more sensitive, and to improve the precision." But that may take another five years and critics point out that current testing is done on only the parts of the genetic material that are most likely to differ from person to person. Thus, critics say, this leads to inflated claims of accuracy...<br /><br />&nbsp; &nbsp; &nbsp;DNA results will play an important role in the pending trial of a former Juvenile Court probation officer, William T. Wilson, 24, accused of raping two teenage girls in detention in July 1989. Since the alleged incident occurred before the legislature authorized courts to include DNA evidence in trials, the decision was left to Criminal Court Judge W. Fred Axley during a hearing last week.&nbsp;<span style="line-height: 1.5; background-color: initial;">His courtroom looked more like a science classroom, complete with overhead projector, lecturers with pointers and slides illustration some fine points of biochemistry, genetics, and molecular biology. &nbsp;But no one was dozing. Instead, nearly a dozen defense lawyers and prosecutors watched from the audience and got a sneak preview from an FBI expert of what will likely become a common trial tool. "I think we will get to the point one day where DNA will replace fingerprints," prosecutor Chris Craft said, "It's science now but I think it will eventually become commonplace."</span><br /><span style="line-height: 1.5; background-color: initial;"><br /></span><br /><span style="background-color: initial;"><span style="line-height: 1.5;">&nbsp; &nbsp; Critics say two key problems with current DNA testing are that no outside agency has been allowed to examine the FBI's lab methods for quality control and that the population data base it uses for comparisons is too broad and thus results in inflated accuracy rates. Some scientists have even accused the bureau of trying to stifle criticism by pressuring scholarly journals to shape their articles toward the FBI's liking. "There's big&nbsp;</span>turmoil<span style="line-height: 1.5;">&nbsp;in the scientific community," said attorney&nbsp;</span>McDaniel<span style="line-height: 1.5;">. "it's beginning to receive some vigorous challenge."&nbsp;</span></span><br /><span style="background-color: initial;"><span style="line-height: 1.5;"><br /></span></span><br /><span style="background-color: initial;"><span style="line-height: 1.5;">&nbsp; &nbsp; &nbsp;Still, DNA's courtroom proponents are relying on studies such as one published earlier this year by two Yale University scientists. The study said in part that an innocent suspect could be wrongly convicted by DNA fingerprints "only in you have an evil twin."</span></span></div>]]></content:encoded></item><item><title><![CDATA[Bartlett Dad Fighting to Avoid Trial]]></title><link><![CDATA[https://www.themcdaniellawfirm.com/headlines/bartlett-dad-fighting-to-avoid-trial]]></link><comments><![CDATA[https://www.themcdaniellawfirm.com/headlines/bartlett-dad-fighting-to-avoid-trial#comments]]></comments><pubDate>Tue, 14 Nov 2006 21:16:25 GMT</pubDate><category><![CDATA[Uncategorized]]></category><guid isPermaLink="false">https://www.themcdaniellawfirm.com/headlines/bartlett-dad-fighting-to-avoid-trial</guid><description><![CDATA[    Click here to view the full text of the TN Supreme Court ruling.  As reported&nbsp;here&nbsp;by Brooke Sanders at WMC Action News 5:The Tennessee State Supreme Court heard arguments today in the case of a Bartlett father charged after leaving his child in a hot car to die.  It's an emotional case. Steve McKim doesn't want to relive the death of his child during a trial, but the District Attorney said "no way" to essentially giving Steven McKim probation.  It was standing room only as student [...] ]]></description><content:encoded><![CDATA[<div><div style="height: 20px; overflow: hidden; width: 100%;"></div> <hr class="styled-hr" style="width:100%;"></hr> <div style="height: 20px; overflow: hidden; width: 100%;"></div></div>  <div class="paragraph" style="text-align:center;"><font size="3"><font color="#a85f2e">Click <a href="http://www.tsc.state.tn.us/sites/default/files/OPINIONS/TSC/PDF/071/McKimSOPN.pdf" target="_blank" title="">here</a> to view the full text of the TN Supreme Court ruling.</font></font></div>  <div class="paragraph" style="text-align:left;"><span "font-size:10.0pt;="" font-family:&quot;open="" sans&quot;,&quot;serif&quot;;color:black"="" style=""></span><span "font-size:10.0pt;="" font-family:&quot;open="" sans&quot;,&quot;serif&quot;;color:black"="" style="">As reported&nbsp;<a href="http://www.wmcactionnews5.com/story/5681547/bartlett-dad-fighting-to-avoid-trial" target="_blank" title="" style="">here</a>&nbsp;by Brooke Sanders at WMC Action News 5:<br /></span><br /><span "font-size:10.0pt;="" font-family:&quot;open="" sans&quot;,&quot;serif&quot;;color:black"="" style="">The Tennessee State Supreme Court heard arguments today in the case of a Bartlett father charged after leaving his child in a hot car to die.</span><br /><span style=""></span><br /><span style=""></span>  <span "font-size:10.0pt;="" font-family:&quot;open="" sans&quot;,&quot;serif&quot;;color:black"="" style="">It's an emotional case. Steve McKim doesn't want to relive the death of his child during a trial, but the District Attorney said "no way" to essentially giving Steven McKim probation.</span><br /><span style=""></span><br /><span style=""></span>  <span "font-size:10.0pt;="" font-family:&quot;open="" sans&quot;,&quot;serif&quot;;color:black"="" style="">It was standing room only as students, judges, lawyers and family members packed the civil courthouse to see the Tennessee Supreme Court in action.</span><br /><span style=""></span><br /><span style=""></span>  <span "font-size:10.0pt;="" font-family:&quot;open="" sans&quot;,&quot;serif&quot;;color:black"="" style="">The question: whether or not Stephen McKim should have been granted pre-trial diversion, which essentially would allow him to avoid a trial and serve probation.</span><br /><span style=""></span><br /><span style=""></span>  <span "font-size:10.0pt;="" font-family:&quot;open="" sans&quot;,&quot;serif&quot;;color:black"="" style="">"Any person who has been a parent has had the opportunity to make a mistake with their child. Fortunately, they are not always fatal. 19:48:45 This happened to be an accident that ended up being fatal," said McKim<strong> attorney Mark McDaniel.</strong></span><br /></div>  <div>  <!--BLOG_SUMMARY_END--></div>  <div class="paragraph" style="text-align:left;"><span "font-size:10.0pt;="" font-family:&quot;open="" sans&quot;,&quot;serif&quot;;color:black"="" style="">McKim a youth minister, forgot his 8-month-old daughter Mia in his car on a hot day in 2004 and she died. McKim is charged with criminally negligent homicide.</span><br /><br /><span "font-size:10.0pt;="" font-family:&quot;open="" sans&quot;,&quot;serif&quot;;color:black"="" style="">The state says that, because of the nature of the case, McKim should face trial and possible jail time.</span><br /><br /><span "font-size:10.0pt;="" font-family:&quot;open="" sans&quot;,&quot;serif&quot;;color:black"="" style="">"It's my job to argue that the D.A did not abuse his discretion in denying pretrial diversion, that's our position," said Brian Johnson, with the State Attorney General's office.</span><br /><br /><span "font-size:10.0pt;="" font-family:&quot;open="" sans&quot;,&quot;serif&quot;;color:black"="" style="">One argument made by Johnson is that going to trial and a possible sentence would serve as a deterrent to McKim and other parents accused of crimes where a child dies.</span><br /><br /><span "font-size:10.0pt;="" font-family:&quot;open="" sans&quot;,&quot;serif&quot;;color:black"="" style="">But&nbsp;<strong style="">McKim's attorney claimed jail time can't keep people from making tragic mistakes. "I don't believe you can deter an accident. An accident is an accident. I don't believe there is anything you can do to deter someone from an accident,"</strong> he said.</span><br /><br /><span "font-size:10.0pt;line-height:115%;font-family:&quot;open="" sans&quot;,&quot;serif&quot;;="" mso-fareast-font-family:calibri;mso-fareast-theme-font:minor-latin;mso-bidi-font-family:="" &quot;times="" roman&quot;;mso-bidi-theme-font:minor-bidi;color:black;mso-ansi-language:="" en-us;mso-fareast-language:en-us;mso-bidi-language:ar-sa"="" style="">It's now up to the Supreme Court to decide if they want to intervene on McKim's behalf or send him to trial to face a jury of his peers. The Justices will issue a written ruling in the case. There are many possible remedies in this case, ranging from dismissing the appeal, which would send the case to trial to granting McKim diversion and anything in between.</span></div>]]></content:encoded></item></channel></rss>