Law With Mr. Lafayette

Recently the term “Allen Charge” was used during the last day of the Commonwealth of Massachusetts v. Karen Read trial. I thought of using this episode to describe and explain its origins and application. It is based on the Supreme Court decision in Allen v. United States (1896).

On October 21, 2021 in Santa Fe County New Mexico, on the scene of the filming of a western entitled Rust, actor and Director Alec Baldwin fired a round from a 45 caliber revolver that he assumed was a blank. It was not. To his horror it was a live bullet that struck videographer Helena Hutchins in the chest, passing through her body and wounding Director Joel Souza, who is standing behind her. In this episode listeners will have an overview of the criminal trial, which is currently in its third day as Baldwin stands accused of involuntary manslaughter. The possible sentence of 18 months incarceration loom ahead.

On July 1, 2024, Superior Court Judge Beverly Cannone declared a mistrial in the case of Commonwealth of Massachusetts v. Karen Read. The jury communicated with the judge that they were deadlocked on Count 2 of the three counts before them. The host of this podcast, René Lafayette, goes on to explain what happened in the hours and days since.

Drawing from the experience of attending a jury view when he was High Sheriff of Providence County Rhode Island in 1992, René Lafayette explains the process and what jurors do and why.

During day, four of the Karen Reed trial which took place on Friday, May 3, 2024, Canton Firefighter/EMT underwent an extensive and at times aggressive cross examination by the defense. Then the jury was bused to the Canton home at 34 Fairview Road where O'Keefe's body was found. They also viewed Read's Lexus SUV with the removed right taillight.

On Wednesday, May 1, 2024 the court system observed law day and so court sessions were excused for that day and not held. On Thursday, May 2, day three of the Karen Read high profile murder trial continued. Testimony of several Canton EMTs, police and firefighters was accepted into the trial record. Additionally plans for a “jury view“ to be held on Friday, May 3 was discussed. These are all elements of the recap of day three of the Karen Read murder trial.

On Monday, April 29, 2024, the murder trial of Karen Read opened at Norfolk Superior Court in Dedham, Massachusetts. Trials begin with opening statements by the prosecution and then the defense. The presentations by Assistant District Attorney Adam Lally and Defense Attorney David Jannette were a marked study in different styles. We will see how the outcome will be impacted by personal style.

Tuesday, April 30, 2024 marked the second day of the high profile murder trial of Karen Read held in Norfolk County Superior Court in Dedham Massachusetts. Far from being an average judicial proceeding, the defense team wasted little time in planting “reasonable doubt” in the minds of the jurors. In this episode of “Law With Mr. Lafayette,” René Lafayette explains the twist of events that occurred as prosecution witnesses had to explain inconsistencies in their testimony.

April 29, 2024 has been a beautifully mild and sunny spring day here in Massachusetts. The attention of many legal observers and students of the judicial system have focused their attention to Norfolk County Superior Court, sitting in Dedham, where opening statements have been given in the murder trial of Karen Read. This episode provides a recap of the events that happened this the first day of this height profile judicial proceeding which may last 6-8 weeks.

In this episode of “Law With Mr. Lafayette“ the case of Commonwealth of Massachusetts v. Karen Read is discussed. The case is being heard before Superior Court judge Beverly Cannone in Superior Court in Dedham starting today, April 29, 2024. The case is already garnered widespread publicity and attention including extensive coverage by Courttv.com. Read is being charged with Second Degree Murder in the death of her boyfriend, Boston Police Officer John O'Keefe, whose bruised and frozen body was found outside the Canton, Massachusetts home of a fellow officer the morning of January 29, 2022.

The Brandenburg Test is a pivotal standard for free speech in the United States. In this episode, it is discussed by René Lafayette.

On Monday, March 25, 2024, NYPD Officer Jonathan Diller, age 31, a husband and the father of a one year old son, Ryan was shot and killed by a career criminal with 21 prior arrests. In this episode of “Law With Mr. Lafayette” our host, René Lafayette presents his analysis through the prism of his ten years as the High Sheriff of Providence County, Rhode Island.

On Tuesday, March 26, 2024, Baltimore's Francis Scott Key Bridge at 1:30 a.m. collapsed seconds after a 984 foot cargo ship, MV Dali, hit the bridge's pillar. Maritime law experts say that the ship's owners will probably use an 1851 law to cap damages after it was used by the White Star Line in the wake of the 1912 Titanic disaster. René Lafayette, host of “Law With Mr. Lafayette” shares his analysis.

In today's episode, René Lafayette, host of Law With Mr. Lafayette provides an overview of the recently argued case of Murphy v. Missouri. This is a case about balancing government censorship against the first amendment guarantee of freedom of speech in this digital age. Arising from “misinformation“ during the COVID-19 pandemic that was posted or attempted to be posted on social media the question before the court will be should there be any restrictions that are Applied to an individual's freedom of speech?

I am very pleased, truly honored to dedicate this episode of “Law With Mr. Lafayette“ to a student who I had last year, an exchange student from France, Lucie de Gibon, who has been listening to my podcast over the past year and a half. On Thursday, March 14, 2024, James Crumbley was convicted by a jury of four counts of involuntary manslaughter arising from the actions of his son Ethan in 2022 when he was 15 years old. Known as the Oxford High School shooting, in addition to the fatal shooting of four students, seven others were wounded. The precedent for parents in similar circumstances is also addressed in this episode by René Lafayette. One correction, James Crumbley faces 60 years in prison, not 15. It is 15 per charge and there are four charges.

In this episode of the Law With Mr. Lafayette, we explore the fundamental principle of attorney client privilege, it's significance and preserving confidentiality, and real world. Examples that illustrate its importance.

The Supreme Court of the United States announced earlier today that they have scheduled oral arguments on former President Trump's immunity case for April 25. The impact of this case with the decision reached by the court will be another historic first listen as René Lafayette explains his take on this case.

In this episode of “Law With Mr. Lafayette“ the decision of the Supreme Court of the United States reversing the Colorado Supreme Court decision to remove former president Donald Trump from the states primary ballot has been unanimously reversed. Listen as René Lafayette, provides commentary on this historic decision in Trump v. Anderson.

Drawing from notes that were drafted in February 2023, while in Myrtle Beach, South Carolina, René Lafayette, the host of Law with Mr. Lafayette explains a new concept to review and better understand Landmark decisions. Students are invited to create an Amicus brief based on a landmark Supreme Court decision, in this episode, the steps and application are explained.

On February 6, 2024, legal history was made when a jury convicted Jennifer Crumbley on four counts of involuntary manslaughter. This marks the first time that a parent of a school shooter was charged and convicted for the crimes committed by her minor child.

The term “in plain sight“ has long been a focal point when discussing legal and constitutional rights, especially in the context of the Fourth Amendment. In this episode of Law With Mr. Lafayette, René Lafayette discusses what is permitted and what is disallowed under this Amendment.

In this episode of Law With Mr. Lafayette, a recent reprimand by the Massachusetts Supreme Judicial Court, directed at the district attorney of Hampden County focuses on whether or not, the exculpatory rule was followed.

In this inaugural episode of season 8 of “Law With Mr. Lafayette” the difference between mandatory and persuasive authorities are discussed.

The Landmark Supreme Court case Plessy v. Ferguson from 1896 is the subject of this episode of Law With Mr. Lafayette. This is the case that established the social and legal fallacy of “separate but equal.“ Intern, it laid the legal foundation for not only Jim Crow laws, but other Racially inspired, segregationist legislation. In this episode, René Lafayette, a social studies and law teacher at Leominster High School in Leominster Massachusetts, gives an overview of Plessy v. Ferguson, and its impact on the American legal system.

What can or cannot be collected by law-enforcement during the course of a search and seizure of your home, your car, your vehicle, your backpack? In this episode of Law With Mr. Lafayette, the exclusionary rule so-called is discussed and explained.

Sunday, December 7, 1941 shortly before 8 AM is when the air forces of imperial Japan committed a sneak attack on American forces located at Pearl Harbor in the Hawaiian islands. More than a military disaster for America the events of that morning prompted a nation to leave the comfort of isolationism, and in short order become not only a world power, but a superpower. The impact of that day, 82 years ago cannot be overstated in terms of how America changed, economically and domestically. In this episode of Law With Mr. Lafayette, the events of that sleepy Sunday morning and its impact on America are reviewed.

Lawyer, county prosecutor, state, legislator, state, appeals, court, justice, and the first woman appointed associate justice of the Supreme Court of the United States. Sandra Day O'Connor had a full life that was a positive contribution to not only American history, but also American jurisprudence. In this episode of Law With Mr. Lafayette, Her contributions are remembered.

The sharing of exculpatory evidence often referred to as Brady material after the Landmark case Brady v. Maryland (1963), holds immense importance in the American legal system. The role of such material, and why it must be presented promptly and transparently by prosecutors to defense attorneys is explained in this episode of “Law With Mr. Lafayette.”

What are the best authorities to cite? Primary or secondary? What role do persuasive or mandatory authorities play? These are some issues addressed in this episode of “Law With Mr. Lafayette.”

November 22-25,1963 spanned Friday through Monday. It saw the assassination of the President and the live television broadcast of the assassin's murder. A television first. Meanwhile Americans of all political parties and those with none sat riveted in front of their television sets as the solemn pageantry of a state funeral unfolded. From the arrival of the casket, young widow and new President and First Lady at Andrews Air Force Base to the arrival ceremony at the US Capitol, through the televised Funeral Mass at St. Matthew's Cathedral to internment at Arlington National Cemetery. The images are iconic and unforgettable. In this episode, René Lafayette pays tribute to the memory of the 35th President, John Fitzgerald Kennedy.

What role do legal reasoning, writing and communication play within the legal system? These issues are discussed in this episode of “Law With Mr. Lafayette.”

In this episode of Law With Mr. Lafayette, René Lafayette, who teaches Street and Practical Law at leominster High School in Leominster Massachusetts discusses common mistakes that are made in legal writing. Although this episode is intended for his students, other listeners may also benefit from the insight provided about mistakes to be avoided.

23 February 2020 was the day in question. Ahmaud Arbery, a 25 year old Black male had gone for a run. He would not return home. Instead, Arbery would be hunted down by three white men and ultimately killed by three shotgun blasts. In this episode Mr. Lafayette reviews “Nowhere to Run” a 20/20 ABC documentary that is based on the comments of his family and friends.

The opening salvo of this conflict are discussed in this episode of Law With Mr. Lafayette.

The first Monday in October which this year is going to be October 2, 2023 marks the beginning of the Supreme Court's new term. It will run from October 2 until the first Monday in October of the following year. It will be interesting to see what cases will be coming before the court During this timeframe and what the court will decide regarding those cases stay tuned.

Monday, September 11, 2023 will be the twenty second anniversary of the terrorist on America. On what was a brilliant morning four planes took off only to be highjacked and then crash. Three hit targets, the fourth crashed in a field. The impact of that day continues to be felt throughout America today. 9/11 truly has changed the trajectory of this nation.

On September 7 of 2023 the defense team of Dick Harpootlian, and Jim Griffin, filed a request for a new trial on behalf of their client, disbarred, disgraced and convicted, former lawyer, Alex Murdaugh. They cites Rebecca Hill, who is the Clerk of the Court for Colleton County and charge her with jury tampering and attempting to convince the jury to convict murder on quickly in the six week trial that occurred in February and March 2023. Murder was charged with having killed his wife, Maggie and youngest son, Paul he is in prison, serving a life without parole sentence.

Arguably the biggest social media platform in the world, TikTok is controlled by Communist China and poses a multi part threat to America today. In this episode of Law With Mr. Lafayette this phenomenon is discussed along with its repercussions.

On July 10, the trial judge who presided over the double murder case against Emmanuel Lopes declared a mistrial because of a lone juror who held out against finding Lopes guilty of the 2018 murder of Weymouth Police Sergeant Michael Chesna and 77 year old Vera Adams. Was it a mistrial or a miscarriage of justice?

In this episode, René Lafayette reviews some of the major decisions that the Court issued in late June before the Court adjourned until the October 2023 Term begins in October.

A reflection on the great nation we are proud to be citizens of…America!

In this episode of Law With Mr. Lafayette, a few of the courts decisions that were released on the last day of the Supreme Court's term, that took place on Friday, June 30, 2023. A more detailed review of decisions and highlights of the Scotus term will be released in the next few days.

First, Vladimir Putin announces that he has transferred “tactical nuclear weapons” to Byleorus. This is a threat to Europe, NATO and the United States. Then China and Cuba have agreed to China establishing an eavesdropping facility in Cuba. Its target is the Southeastern United States. In this episode René Lafayette offers a serious review of both issues.

June 6, 2023 was the 79th anniversary of the Allied Invasion of Europe on June 6, 1944. From five beaches in Normandy, France Americans at Omaha and Utah beaches, the British at Gold and Sword and the Canadians at Juno took on Hitler's “Atlantic Wall.” It was in September 1991 that René Lafayette visited the American military cemetery at Colleville Sur Mer. In this episode Mr. Lafayette remembers that event.

Associate Justice Samuel Alito of the United States Supreme Court in an interview published in the Wall Street Journal, has shared that he is pretty certain that he knows who leaked the Dobbs v. Jackson Women's Medical Center decision in advance of its June 24, 2022 publication. Additionally, Alito questions the targeting of the six members of the High Court, who voted for Dobbs overturning Roe v. Wade. He says that the six members have become “targets for assassination.”

In this episode of Law With Mr. Lafayette, we take a different tact and discuss proms and their role in high school society today and other related topics, including the the costs associated with proms proper attire at a prom venues, and finally whether or not proms will continue as a social event in the future. I am joined by Kayleigh Lefrançois, who is one of my law students and together we discuss these topics.

In this the second of two episodes dealing with the case of Rhode IslandIsland v.Craig Price, more details are provided as to the chronology of events taking place after the arrest of Price in 1989 for the murder of four of his neighbors in the Buttonwoods neighborhood of Warwick, Rhode Island.

Craig Price was only 13 when he committed his first murder in 1987. Two years later at the age of 15 he committed three additional murders. This particular case is among those the most horrific to have taken place in the state of Rhode Island. It t is a case that I am familiar with since in my previous capacity as High Sheriff of Providence County I had met Price. I was responsible for courtroom security during his trial, and all trials during my tenure as the High Sheriff. Price became the youngest serial murderer in American history.

21 year old Jack Douglas Teixiera from North Dighton, Massachusetts was arrested earlier this month and on April 26, during a detention hearing in Federal District Court in Worcester, he is facing the possibility that he will be held until his trial. In this episode of Law With Mr. Lafayette, the specifics are revealed and shared with you.

On April 27, 2023, Brian Walshe was arraigned for the murder of his wife, Ana Walshe in the early hours of January 1, 2023 in their rented home in Cohasset Massachusetts. At his arraignment, the district attorneys office presented information that Walshe believed that his wife was involved in an adulterous relationship with a male friend in or about Washington DC. Ana Walshe had bought a home in Washington DC. Love can bloom and die, murder is never an option.

The late author, Theodore White wrote several books during his storied career, including the Making of the President series. Starting with the election of 1960, considered by many the dawn of a new era in presidential campaigning and elections, to the elections of 1964, 1968, and concluding with the election of 1972. In each successive book, White went through with excruciating detail and superb research what made each electoral contest different from those that had come before it. We jump from what we now would consider a very different time for our nation, and in particular for the presidency to the events that took place on April 4, 2023, when the 45th President of the United States, Donald Trump Made history in a different way when he was arraigned on 34 counts of falsifying business records by the Manhattan district attorney Alvin Bragg. Some thoughts and observations are shared in this episode of Law With Mr. Lafayette.