Reply With QuoteYeah, given the gravity of the charges, the d00d needs a lawyer. But the accused doesn't seem to be the "sharpest in the shed" so. . .
I see this ending well.
COURTS: Warme wants two trials
By Rick Pfeiffer
rick.pfeiffer@niagara-gazette.com
Suspended Falls Police Officer Ryan Warme is prepared to take the stand to testify in his own defense against charges he violated the civil rights of three women and used his position as a police officer to extort sexual favors from a Falls prostitute.
However, Warme’s lawyer says a federal magistrate needs to order two separate trials for his client because he will not take the stand to defend against charges he conspired to distribute both powder and crack cocaine, committed federal firearms offenses and failed to arrest a known felon in possession of a weapon.
The demand for two trails is contained in a motion that was filed in U.S. District Court in Buffalo by defense attorney Joel Daniels. In the court papers, Daniels argues if Warme is forced to stand trial on all the charges he faces at one time, the result would be “substantial prejudice” to his client.
“It’s simple,” Daniels said in brief comments to the Gazette. “You have one trial on the sex case and another on the drugs and guns.”
Without separate trials, if Warme took the stand to testify on the sex charges he would potentially be able to be questioned by prosecutors on both the sex and the drugs and guns charges. Daniels argues that Warme needs to testify on the sex charges because he claims the encounters were consensual.
On the drugs and guns charges, Daniels says Warme’s testimony is not necessary.
“Cooperating government witnesses with checkered backgrounds and the beneficiaries of government deal making will allege (Warme) used powdered and crack cocaine and attempted to possess an altered firearm,” Daniels writes in his motion. “(Warme) believes it is best to let the jury decide whether these witnesses stories are believable without hearing from the defendant.”
In a sworn affidavit from Warme, submitted by Daniels with his motion, the suspended cop says “I will rely on cross-examination and argument from my attorney” in his defense on the drugs and guns charges. Warme says “the government will rely on testimony of witnesses the jury may not believe.”
In the affidavit, Warme also repeats claims he made in an earlier court filing that his sexual encounters with three women, while he was on duty, were consensual and not forced. He also denies inappropriately touching a woman during a traffic stop drug investigation.
Federal prosecutors have not commented on Daniels’ request. They have until April 30 to file a response with U.S. Magistrate Hugh Scott.
In his arguments, Daniels tells Scott that Warme wants to tell a jury his side of the sex charges but can’t without a separate trial.
“If forced to defend himself on all counts, (Warme) would risk conviction if he testified only on the sex counts, but invoked his (Fifth Amendment rights against self incrimination) on the other counts,” Daniels wrote. “Most likely, he would choose not to testify at all. A tough choice, risking a possible conviction and a very long (prison) sentence.”
Since the filing of the defense motion, prosecutors have indicted Warme on an additional charge claiming his alleged criminal conduct deprived taxpayers of his “honest services.”
Daniels told the Gazette he may file an additional motion to address issues relating to the new char
Yeah, given the gravity of the charges, the d00d needs a lawyer. But the accused doesn't seem to be the "sharpest in the shed" so. . .
I see this ending well.
One beautiful thing about having a government of the corporations, by the corporations, and for the corporations is that every disaster is measured in terms of economic loss. It's sort of like getting your arm sheared off in a car accident and thinking, "Damn, now it'll take longer to fold the laundry" as blood spurts from your arteries. - The Rude Pundit
Reading between the lines, he is not guilty of the sexual charges but guilty of the others.
I am not sure if I agree with 2 trials. How many accused have the luxury 2 separate trials?
I can't wait to read about ten years of appeals based on ineffectual counsel after the DA hands this idiot his ass, perhaps deservedly so, in neatly chopped up bits to a jury looking to put away a bona fide A-Hole while nursing their cursory distrust of cops.
One beautiful thing about having a government of the corporations, by the corporations, and for the corporations is that every disaster is measured in terms of economic loss. It's sort of like getting your arm sheared off in a car accident and thinking, "Damn, now it'll take longer to fold the laundry" as blood spurts from your arteries. - The Rude Pundit
I hear that he has another case pending for body slamming a lady and seperating her shoulder and the officers are to have suppose to have lost some of the records to prove this case. WOW
I believe the next court date is in may .
WARME CASE: One trial or two?
By Rick Pfeiffer
rick.pfeiffer@niagara-gazette.com
Niagara Gazette
BUFFALO — A U.S. District Court judge is weighing whether to give suspended Falls Police Officer Ryan Warme one trial or two on charges he engaged in multiple crimes involving sex, guns and drugs while he was both on and off duty.
In a spirited one hour of argument in U.S. District Court in Buffalo on Thursday, Chief District Court Judge Richard Arcara also wonder aloud whether prosecutors could meet the legal requirements of one of the charges against Warme.
Warme’s defense team is seeking one trial on his so-called sex crimes and a second trial on the gun and drug charges he faces. He is accused of violating the civil rights of three women by either sexually assaulting or abusing them, using his position as a police officer to extort sexual favors from a Falls prostitute, conspiring to distribute both powdered and crack cocaine, committing federal firearms offenses and failing to arrest a known felon who was in possession of a weapon.
U.S. Magistrate Judge Hugh Scott had previously rejected Warme’s request to have several of the charges against him dismissed, but also ruled that his request for two separate trials should be considered by the judge who would handle those trials.
Defense attorney Joel Daniels argued the charge involving the prostitute should be dismissed because what occurred is not a crime under the federal Hobbs Act, which relates to obtaining property through extortion. Daniels told Arcara an act of oral sex is not “property.”
“We argue this is coercion but not extortion,” Daniels said.
Assistant U.S. Attorney Anthony Bruce said, “This woman was a prostitute, doing what prostitutes do” and did not “charge” Warme “because he was a police officer and she feared him.”
However, Arcara noted the Hobbs Act applies to interstate commerce and asked Bruce, “Where is the interstate (commerce)?”
“Is there proof she was a business that operated outside of New York state,” the judge asked. “I can’t imagine how you’re going to prove interstate (commerce) on this count.”
Bruce replied the woman would testify she had clients who came from outside of New York to obtain her services.
Daniels also argued Arcara should throw out a public corruption charge against Warme that claims he deprived the citizens of Niagara Falls of his “honest services.” The federal law that creates that crime was the subject of a Supreme Court hearing on Tuesday and the justices are expected to rule on the constitutionality of the law early next year.
“The government had a tough time across the board defending this statute and it may well be on life support,” Daniels told Arcara. “The reach of the statute is overbroad. It appears there is an even money chance the stature will get tossed.”
The judge suggested he might hold off on a ruling, pending the Supreme Court action.
On the issue of whether Warme is entitled to two separate trials, Daniels told Arcara his client is facing two cases, not one. Daniels said Warme would testify in his own defense on the sex crimes but invoke his Fifth Amendment rights relating to the gun and drug charges.
“We ask the court for the right to tell our side,” Daniels said, “the problem we have is if the sex cases are packaged with the drug charges we have a problem because we choose to exercise our Fifth Amendment rights (to refuse to answer some questions that might come from prosecutors).”
Bruce said there was no reason why Warme could not take the stand in his own defense in a single trial.
“He can testify on the sex charges and if Mr. Daniels doesn’t open the door on his examination, I won’t be able to question him on the (drug and gun charges),” Bruce said. “And the court can give an instruction to the jury (to explain Warme’s refusal to testify about those charges).”
The prosecutor told Arcara that Warme should only receive one trial because, “Every count in this case, to one extent or another, is dependent on (Warme’s) position as a police officer.”
Arcara told the lawyers would consider their arguments and issue a ruling.
I was gonna say, to my memory you can't be cross examined about information that was not brought up under direct examination. So if Warme's lawyer doesn't ask him about the guns and drugs, then the DA can't ask him either.
Any legal experts care to corroborate this?
~WnyresidentBut your being a dick
Uh..he is not acting as his own attorney. He has a very competent attorney in Joel Daniels.
Either way the guy is in a bad way, prison is something he does not want to face !
Yeah, I noticed that and wondered why it didn't cross my mind last spring when I first posted.Originally Posted by nogods
I'm pretty sure that's not a correct assumption. Otherwise, all an attorney has to do is call a witness and ask them no questions and the opposing side would be hamstrung.
One beautiful thing about having a government of the corporations, by the corporations, and for the corporations is that every disaster is measured in terms of economic loss. It's sort of like getting your arm sheared off in a car accident and thinking, "Damn, now it'll take longer to fold the laundry" as blood spurts from your arteries. - The Rude Pundit
Read again.
BREAKING NEWS: Ryan Warme takes plea deal
By Rick Pfeiffer Niagara Gazette
April 22 2010
BUFFALO — Suspended Niagara Falls Police Officer Ryan Warme plead guilty this afternoon to a number of drug, gun and sex crimes charges.
The plea comes just days before jury selection was set to begin in the first of two trials that had been scheduled for Warme. He has been on suspension from the Falls police department.
Warme was accused of violating the civil rights of three women by sexually assaulting or abusing them, using his position as a police officer to extort sexual favors from a Falls prostitute, conspiring to distribute both powdered and crack cocaine, committing federal firearms offenses and failing to arrest a known felon who was in possession of a weapon.
U.S. District Court Judge Richard Arcara had ordered two trials for Warme, one of the gun and drug charges and one on the sex crimes. Warme said he would testify in his own defense on the sex crimes, but not take the stand on the guy and drug counts.
The deal reportedly came together last week and will result in a prison sentence of 10 to 11 years, with a reduction for the time he has already been jailed.
Warme was arrested in December 2008 and has remained behind bars after a federal magistrate ruled he was a threat to the community.
The investigation of Warme began following citizen complaints made to Narcotics Division detectives. Federal authorities joined the probe when it became clear that Warme’s activities might be violations of U.S. civil rights laws.
He was accused of attacking two women, raping one and forcing the other to commit an act of oral sex. Investigators said he also fondled a woman at a traffic stop.
All of the sex crimes occurred while Warme was in uniform and on duty.
Warme also was accused of buying substantial quantities of cocaine from two Niagara Falls cocaine dealers and warning those dealers of police activity that targeted them.
Reporter Rick Pfeiffer will update this story throughout the day so check back later.
Officer Warme is in trouble.
Warme was framed.
"I won't live by rules that make no sense to me." - Evan Tanner 1971-2008
Transfixus sed non Mortuus
people get much less time for manslaughter. He got hit, and hit hard. Bad Cop going away for a long time.
His dad is a top notch guy, he's got to be devastated. He knew that kid was a bad seed for a long time...He tried everything to get that loser to straighten up.
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