KTVB’s Kaycee Murray got the interview tonight – Zachary Neagle’s mom.  The Today Show was in town to get the story and Casey got the scoop tonight on Zach’s current situation. As reported, the 14 year-old is charged with murdering his father, Jason Neagle. Jason is reported to have sexually molested Zachary and another child in the family. Cindy Neagle said that she never suspected sexual abuse, nor did she see any evidence of that. She also said that she is angry he was charged as an adult. Zachary’s defense attorney is Charles Crafts – who says that he is meeting Zachary "as a counselor." As to the evidence – he says that he is looking at the case as a potential sexual abuse case. 

We will have to watch the Today Show tomorrow and see where this is going. Check out the prior posts below. And then watch for that picture of that little kid – he looks about 10. 

 In the past week or so, two men were killed while riding their bikes in Boise.  Tonight, a third cyclist was struck by a car near Fairview and Amber streets.  How does it happen that drivers continue to injure and kill persons riding their bikes lawfully, on Boise streets? I have to confess that I ride on Boise streets almost every day and it can be crazy out there, but the simple reason this happens is that too many drivers do not pay attention. They sometimes "brush off" the rider without really thinking how easy it is to kill a rider.

So here is the legal standard drivers – the bike rider ALWAYS has the right of way. Always – as in every time. 

I hear drivers complain that bicycles sometimes slow them down, ride in "their" lanes and refuse to move over. Seriously – there is never an excuse for hitting a bicyclist because you are unhappy about having to "share" the road. Bicycles may be slow and they may "infringe" on "your" road but it is their road too. If you drive negligently, and injure or kill someone riding a bicycle – get out that wallet. They will sue you and you will lose. 

Riding a bike? Be careful out there!

Driving home and annoyed by that spandex wearing, helmeted "target" on two wheels? Take a deep breath and relax – that could be your mom, dad, brother, sister or little kid down the street whose life your driving might end. Breathe deep and remember – saving that life may cost you a few minutes, but failing to drive carefully might cost the life, your life and the lives of those you love.

Injured? Give me a call and we can discuss your case. 

 

Boise’s KTVB reports that support is growing and public empathy continues for Caldwell teenager Zachary Neagle, who is charged with murdering his father.  As posted earlier here – the likely reason for the killing is self-defense and the defense of Zachary’s younger sister and brother.  Reportedly – Zachary’s father had sexually and physically abused the child.  Here’s what one Channel 7 viewer says about the case:  

 Nampa mother Teresa Bennett doesn’t know Zachary Neagle. She’s only heard about the case from watching the news.

"He’s a child, and I know that I am not the only one out here that’s heart is breaking for him," said Bennett.

That’s right – he’s a child. And he deserves a chance to grow up outside prison walls.  Now he needs a team of lawyers who have handled murder cases before – and fortunately the Canyon County Public Defender’s Office has those lawyers. The key here is EXPERIENCE – not just a criminal defense lawyer but a defense lawyer who has faced down the state when his or her client is charged with murder.  Sleepless nights, countless hours and lots of brainstorming will be needed to keep this kid out of prison. Nothing prepares you for handling your first murder case – except having been in a couple of them BEFORE as a member of a team defending a person charged with the crime. So Zachary Neagle supporters – don’t settle for anyone who has not done this before. Choose wisely if you are going outside the public defenders because lots of lawyers talk experience – those guys have been there before.

 If you live in the Boise – Nampa – Caldwell, Idaho area you cannot have escaped the most recent news story on another apparent homicide by a fourteen year old Caldwell Middle School student. That’s right friends – 14. As in "how many kids can you stuff in a VW Bug?"  Fourteen – if they are little Middle School kids.  As in two years older than 12.  And when the reports first surfaced in the local press, it was just another "bad kid gone horribly wrong" tale, this killing compared to other murder by adolescent kid accounts that have played out all over the land over in recent years. You know the type – sad, dark killer takes life of sainted parent. Those stories are truly tragic – but this is not that story. This is the other type of tragic – 

Zachary Neagle is charged with killing his dad – who "allegedly" had sexually molested Zachary and his sister.  

Check out today’s coverage of the case, including this story describing the circumstances this kid was living through – sexual abuse by dad.  Here’s the kicker:

"A close relative of the victim told investigators he suspected Jason Neagle sexually abused Zachary and that he had seen Neagle hit his son, (Investigator) Crawford said."

What kind of relative stands by and lets an adult sexually and physically abuse his kids? What kind of father molests his kids with apparent impunity?

While we are at it – what kind of prosecutor charges first degree murder for this kind of thing? John Bujak has "taken the death penalty off the table." Wonderful – at least this 5 foot 4 inch kid will not have to face the most extreme punishment available under the law. Bujak should do more – he should drop the charges based on the work of his investigators who appear to have the explanation – the kid was trying to protect himself and his sister. This kid needs help not a life sentence.

There is much interest in this case as the 85 comments to the story illustrate. Many (if not most) support the kid’s actions to protect himself and his sister from the abuse. Zachary Neagle is the real victim. He needed the community’s help before and he needs it now.

There are cases lawyers just need to take – causes so just they beg for an advocate. This seems like that type of case.

 I had an interesting call this past week inquiring about potential civil liability for a wrongful death at a ski area. This call reminded me of the tragedy surrounding Natasha Richardson’s death last March when she suffered head injuries at a ski area. A few years ago, Mel Orchard (an attorney at Gerry Spence’s shop) and I tried a similar case in Wyoming. Our client had fallen (an entirely forseeable event for anyone skiing) into an unpadded, unmarked and partially buried electrical box. The ski industry fights these to the death because they say the responsibility for safety rests with the skier, not the area. In our case, we settled with the utility company that had placed the box and then went to trial against the ski area. While the jury was out we settled with the ski area, and our client’s surviving spouse and son were awarded some money to offset their loss of husband and father. The Richardson case raises another important question – whether the emergency medical technicians actually attended to her injuries. An interesting analysis of this question is found on Anderson Cooper’s site.  The bottom line from my experience a few years ago is this – ski injury and death cases are very difficult to pursue. State’s have enacted Recreational Safety Acts which exempt property owners from liability for simple negligence in many such circumstances. 

Need help with a tough civil case? Give us a call and we may be able to help you find the right lawyer for your case.

 The Idaho Statesman reports today that a Boise woman, Tina Lancaster has been indicted on 52 counts of health care fraud and obstruction of a federal audit. The story says:

"According to the indictment, Lancaster billed Medicaid for physical therapy services that were not ordered by a physician, were not provided by licensed physical therapists, or were not provided at all. The indictment also said she billed for one-on-one therapy when services were provided to more than one patient at the same time."

Of particular interest to me: first – they say she got around $100,000, and second – she has the federal defender’s office representing her. A hundred thousand is not that much money for this type of case, so that tells me that the feds in Idaho are still looking at cases that might not get much attention in other locales. Second, the fact that the federal defender’s office is on board means that the hundred grand is likely all gone. Idaho’s federal defender’s are great lawyers – but they are only involved in cases in which the defendant has no money to hire a private lawyer. Of course this means nothing as it relates to guilt or innocence.

Federal criminal defense work is complex stuff – so this defendant is lucky to have some very good lawyers provided to her "free of charge." And the case will likely present some complex issues. 

I love to read other criminal defense lawyer’s perspective on what we do.  So as I am waiting out big winds here in Maui, I just read a great post involving legendary criminal defense lawyer Roy Black and his defense of auto racing superstar Helio Castroneves – who fought the man and won!  Check out the post here. 

Here’s Roy Black’s take on our role as criminal defense lawyers – in Florida or in Boise, Idaho:

"…we defense lawyers are counter-punchers. The government always goes first and usually gets all the good rulings from the court. We had some tough days during the trial but our team never lost hope and just kept fighting back. So despite how dark things might look we should not give up."

 

Back in the office next week – but if you want to talk about a case just send me a post. As I said there are big winds here this week, so I am relaxing and reading cases.

On the way to a little county jail near the Oregon and Idaho state line one morning last fall I was listening to Collin Cowherd on ESPN radio. He made the point that he loves teams that "know who they are."  Example – Boise State Broncos – he says that Chris Peterson and the boys know they are a team of average players who play hard every down.  They know they are not USC.  They know they are not Texas.  They are blue-collar players who know who they are AND where they are going.  They are going to win games because they want respect and they work hard, and perhaps another BCS bowl appearance.  Not like the Dallas Cowboys, he says.  The Cowboys are not sure where they are going or how they will get there. The Cowboys don’t know who they are as a team and they have no idea where they are going.  

So who are you and where are you going?  Ah – we can get all philosophical now, exploring the "here and the now." But really, do we "get it" as Cowherd says? Are we moving in our direction or are we just spinning our wheels?

If you have hired a lawyer, you should consider this.

With every case I review, these are important questions for the lawyer and the client.  That’s right – the CLIENT.  You see, no matter how hard we try, no lawyer can change the facts of the case.  We sometimes shade them, but facts are still facts when the jury retires to decide the case.  And the facts do not always set you free, so you have to know who your are and where you are going.  

If I am your lawyer, I know that is my position.  I speak for you.  I advise you. I may want to direct you in a way that you do not want to travel, but the direction – where you are going – is really up to you. In a criminal case, you must decide whether the evidence makes a compelling argument for a plea agreement.  In a wrongful death case, you must decide whether the money they have offered is enough for you to settle. Where we are going is up to you.  I can give you advice, but in the end you must decide whether to follow.  

So who are you?  Where are you going?  Lawyers are advisors, but in the end, you – CLIENT –  will decide the direction of your case. My bride says that a moving wheel turns easier than one that is stationary.  In other words – make a decision and move in the direction of that decision.  

Not guilty? Stand up and fight!  Screwed by some big corporation? Shout it from the rooftops! Follow your gut.  Choose a direction and be true to you.

In an article on the Idaho Statesman website today, we learned that the State has cut a deal with a truck driver who killed two people when his big rig bashed into a stopped passenger car. The deal – driver gets a couple MISDEMEANOR counts of vehicular manslaughter. Read the article here.

The driver, Gregory Roberts, killed Boise residents Jeanette Neil and Roy Valpey. Prosecutors say that they did not feel there was evidence of criminal negligence – the mental state required for a felony charge. But Neil and Valpey were sitting in traffic in a construction zone in their Hyundai when Roberts hit them and crushed their car. No proof of gross negligence? Isn’t that what juries are for? If the prosecutors had put on their case and a jury had returned a misdemeanor verdict I could understand – but prosecutors charge felony DUI every day, without so much as a thought about the level of culpability.

I know I should feel like this is a good thing, as a criminal defense lawyer I am always trying to get this type of treatment for my clients. But as I said – Big Rigs Kill!  Our focus this year with Gerry Spence’s law firm is to try and "drive" home the dangers posed by too much speed and inattention at the wheel by truck drivers. Check out that post here.  And slow down – the life you save may be your own.