Old Courthouses and New Security Problems

Have you read the news reports about the plans to possibly scrap some of the planned security upgrades at the Fulton County Courthouse (which is located in Atlanta)? You will recall that, about five years ago, Defendant Brian Nichols, on trial there, seized a gun and murdered a superior court judge and two others, while making his escape from the courthouse. But it's sad how people forget such things! Now, five years later, it appears the local politicians there may scrap the needed security upgrades. Maybe a public plea by the deceased judge's widow, as reported in today's Augusta Chronicle, will force the politicians to restore the security changes.
We can hope.

Times have changed. Years ago, when I first became an Assistant D.A. in South Georgia, courthouse security was virtually non-existent. There were no metal detectors and no security command centers. I will never forget an old theft case I tried, which kept the jury out deliberating until late one evening. I recall my looking around the courtroom and realizing that all the Sheriff's deputies had gone home for the day. Only the 83 year old unarmed bailiff, Mr. Sims, remained as "security." And he looked half asleep! Thankfully, the defendant and his family remained well behaved, even after the jury returned a guilty verdict.

But again, times have changed. Today, in most places, defendants are getting more and more violent and dangerous. Courthouse violence has, unfortunately, become much more common.
As a result, here's hoping that Fulton County officials will make the necessary security changes for their courthouse. And here's hoping, too, that Mr. Sims is still alert, and at his post, in that South Georgia courthouse! Hopefully, at least, times haven't changed there!

The S.E.C. and Government Fraud

This blog, by a former federal prosecutor, (and currently, an Augusta, Georgia criminal defense lawyer), focuses primarily on issues involving fraud, corruption, and other federal and state white collar crimes. But news reports of a civil fraud complaint filed by the Securities and Exchange Commission have also caught my eye.

Various news reports indicate that the SEC has filed a fraud complaint against two Texas billionaire brothers, Sam and Charles Wyly. The complaint accuses them of concealing $550 million in gains from the sales of stock. Allegedly, the brothers tried to hide stock ownership and trades through the use of off-shore, (Cayman Island), trusts and other entitities.

Now, I realize that not many of you will feel sorry for anyone who is a billionaire, particularly one who is accused of fraud! However, it is important to point out the lawyer for the Wyly brothers has maintained his clients' innocence. The attorney has also indicated that this complaint filing by the SEC comes only after years and years of endless, fruitless investigations by the government.

The Wyly brothers are well known both for their innovative skills in technology, energy, and investment, and for their incredible philanthropic work. Sam Wyly is also author of the book, 1,000 Dollars & An Idea, depicted above, which is an inspirational account of his achievements.

Look, I have no clue about the efficacy of this particular case. But frankly, it wouldn't surprise me to see that the Wylys' attorney is correct. As a former federal prosecutor, I know how government agents and agencies work. If they investigate somebody, and expend significant resources over a long period of time, then the bureaucratic tendency is for them to want to charge "somebody with something," even if it is not always justified.

It will be interesting to see what happens next in this case!

Courthouse Security and Threats Against Judges

When I first started out as an attorney, courthouse security was virtually non-existent. There were no courthouse metal detectors or armed courtroom bailiffs back then. I'll never forget one kind, elderly bailiff who "guarded" the grand jury room in one South Georgia courthouse where I was an Assistant D.A. Bless his heart! If any disturbance had occurred, this bailiff surely would never have heard it.

Were those kinder, gentler times? And were judges and courthouses more safe and secure back then? Or were we just more naive back then about the dangers? Maybe it was some of both.

But times have certainly changed now! And not for the better! Did you hear the tragic news of yet another courthouse shooting this morning at a federal courthouse in Las Vegas? Sadly, it appears that a court security guard was killed and a deputy marshal was injured by a lone gunman. Of course, you probably also remember the 2005 Brian Nichols shooting incident at an Atlanta courthouse in which Nichols, a prisoner, grabbed a deputy's gun, killed the judge, and then continued his shooting spree until his re-capture a couple of days later.

Doesn't it seem that the number of such courthouse shooting incidents continues to rise? And to top it off, a new Department of Justice report released today indicates that the number of threats against judges and prosecutors has doubled in the past six years.

I don't mean to suggest that these are additional signs that our society is necessarily "going to Hell in a handbasket." But I do believe that these are signs that we are becoming a more violent society and that more metal detectors and security guards alone are insufficient to "fix" our society's problems. Don't you agree? What are some possible solutions? What do you think?