Trial of the Month: Jeffery Trevino Murder Trial

As a Minnesota Criminal Defense Attorney, I like to stay up-to-date on the big upcoming trials in Minnesota.  Clearly, the one to keep an eye on right now is the murder trial of Jeffery Trevino.  If you're not familiar with the name, Trevino is the man accused of killing his wife and then leaving her car in the parking ramp of the Mall of America.  His wife, Kira Steger, was found in early May in the Mississippi River, although Trevino had been charged over 2 months prior to her discovery.

There appears to be the potential for some very emotional testimony from Steger's family members and co-workers during this trial, but the big issue may be how the evidence police found in the Trevino/Steger home is dealt with.  In the complaint, police note that there was blood in the home and evidence of an attempted clean up.  Trevino's defense attorney, John Conrad of Woodbury, MN, has indicated that forensic evidence regarding the couple's home may play a role in Trevino's defense, but has understandably not elaborated on that issue.

Ultimately, it's the forensic evidence that will most interest me about this case.  Any time cases get very scientific, I'm interested to see how juries handle the evidence.  Emotion is a much easier thing for everyday people to understand, so sometimes good scientific evidence is given less weight than powerful testimony by still grieving friends and family.  I'm very interested to see how this case plays out.

As the trial moves forward, I will try to give updates as to how the proceedings are going in this space.  So, if you want to get a Minnesota Criminal Defense Attorney's take on one of the most interesting criminal trials of the year, stay tuned for further details.

If you or a loved one are facing criminal charges ranging from DWI's to serious felonies, hiring a Minnesota Criminal Defense Attorney is of the utmost importance.  Call or email a criminal defense attorney practicing in your jurisdiction today to ensure the best possible defense moving forward.

Brooklyn Park Daycare Shooting -- Murder in the 2nd Degree?

So, as most of you have probably heard, there is a suspect in custody for the April 9th shooting of three people at a Brooklyn Park, MN day care.  A few emails have been trickling in wondering why the charge was for 2nd degree murder and not 1st degree.  I'll go over some of the specifics of the case (they get a bit gruesome, so be forewarned), and then say how I would charge the case if I were the Hennepin County attorney.

This whole incident stems from an accusation of felony sexual assault against the suspect, Eddie Mosley of St. Louis, MO.  Mosley allegedly drove to Brooklyn Park from St. Louis with a friend with the intent to seek out his teenage accuser and kill her in an effort to silence her claims.  (Editorial note:  When your plan for clearing your name from one criminal accusation involves committing another more heinous crime, it's time to reconsider this strategy.  Take a few breaths and regroup.)  Mosley apparently thought that the girl would be at DeLois Brown's day care center before school, so he went there in search of her.  When he arrived, the girl was not at the house.  What happened next is still something of a mystery, but Brown and her parents, James and Clover Bolden, were found murdered in an execution-style manner by a neighbor.  The three were found dead laying on a bed.  Mosley was gone by the time authorities showed up at the scene.

With those essential elements, we can look at how this crime could be charged.  In Minnesota, 2nd degree murder is intentional murder without the element of premeditation.  The maximum sentence for 2nd degree murder is 40 years, and even though there are three counts against the defendant, the sentence would run concurrent to each other.  1st degree murder in Minnesota is intentional murder with the element of premeditation and carries with it a life sentence.  The premeditation is the only element that separates these two crimes.  (Note:  There is an unintentional murder in the 2nd degree statute in Minnesota as well which has the same punishments, but it doesn't apply to this situation, so let's ignore that for the time being.)

An interesting aspect of the premeditation requirement of 1st degree murder is that it's not necessary for you to have intended to kill the person you actually killed.  Minnesota statute 609.185(a)(1) reads:

"(a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life: (1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;"


In the case of the day care killings, if the police are correct in their assertion that Mosley went to the home with the intent to murder his accuser in another case, that would seem to be sufficient premeditation to warrant a murder 1 charge as opposed to the murder 2 charges currently against him.  Mosley may not have intended to kill the people he ended up killing, but if he indeed did intend to kill someone, than he would be guilty of 1st degree murder.


My hunch is that prosecutors in Hennepin County have made the decision that an initial charge of murder in the 2nd degree is more likely to hold up in court while they continue their investigation of the murders.  It's entirely possible that Mosley will end up being charged with 3 counts of murder in the 1st (I'd even go so far as to call it likely), but perhaps prosecutors were afraid that an initial charge of the harsher crime would result in the suspect being released for lack of evidence.  Since they don't have to include the element of premeditation in their murder 2 charges, it makes it a little easier to charge.  As the investigation continues, if the prosecution comes across more evidence that lends itself to premeditation of murder on the part of the defendant, they can bring the harsher charges at that time.


So, while some people may be upset right now that the man who allegedly murdered three innocent people in cold blood is being charged with "only" murder 2, the case is far from over.  I'll keep an eye on this case as it goes on and give updates from time to time, especially if any changes in the charges occurs.


If you or a love one have been charged with a crime (any crime, not just murder!) or are the subject of a criminal investigation, you need the assistance of a qualified Minnesota criminal defense attorney.  Don't wait for the police to come to your door with handcuffs to call a lawyer.  Speak with one today in order to increase your chances of success in defending your innocence.


As always, none of the material on Minnesota Criminal Defense Blog is intended as legal advice or legal advertising, nor does viewing this website create an attorney/client relationship between the author and the reader.  If you are in need of criminal defense advice, stop surfing the internet and speak to a licensed attorney in your jurisdiction.

Know Your Rights: Traffic Stop

I'd like to preface this article by saying that police are not bad people.  I know the tone of a lot of my articles is that of the badgering police officer harassing the unassuming citizen, but this is far from the norm.  Police provide a vital service for our society, and do a fantastic job of keeping us safe.  I would never speak an ill word about the work police, especially Minnesota police, do on a day to day basis.  Whenever you're dealing with police, be polite, be attentive, and be respectful.  They've earned at least that from everyone.

Having said that, a lot of what officers are asked to do involves a certain level of prying into the private lives of people.  If a crime is being investigated and you "meet the description" or are in the wrong place at the wrong time, it is the job of police officers to do their due diligence and find out what you know.  If you ever find yourself in this situation, whether it's the result of being stopped on the street, greeted at your front door, or called in to the police station for questioning, it's important to know what you must do and what you may do.  I use those words because just because you aren't required to provide certain information doesn't mean you shouldn't.  In this article, I will go over what you are required to provide to police when asked and what is completely optional.  Over the next few articles, I'll touch on one of the four most common situations in which one may be questioned by a police officer.  We'll start with the most common.

The Traffic Stop

Let's start with when you're pulled over while driving.  There could be any number of reasons you were pulled over:  Speeding, running a red light, weaving, cutting someone off, or even something silly like a broken tail light.  The point is, unless you know how long the officer has been following you, you might have committed any number of infractions he could call you out on.  The key is not to help him out.  The officer is likely going to ask you something along the lines of "Do you know why I pulled you over?"  Your answer should be "No, I don't."  If you say "yes" and them give him the reason, that's all he needs to know to write that ticket with confidence.  Even if you think you are 100% sure you know why you've been pulled over, you could still be wrong.  Don't be that guy who gets pulled over for a flickering tail light who ends up driving away with a ticket for running a stop sign.  So one "don't" to remember if you get pulled over is don't give the officer reasons to write you tickets.  Another don't is don't go on the offensive.  The last thing an officer wants to hear is you questioning his motives.  He's probably got perfectly fine motives, and eventually he'll let you know what they are.  By asking "What did I do?" or "Is there a problem, officer?" you are making your first contact with the officer aggressive.  Questions like that might seem harmless enough, but the best thing to do is let the police officer lead the conversation.  When you are waiting for the officer to come to your vehicle, simply get your driver's license and insurance card out, roll your window down, and wait.

That brings us to your first required action -- giving the officer your license and proof insurance.  If you've been pulled over while operating a motor vehicle, state law requires you to present both of these things.  This is called the implied consent law.  If you have both a license and valid auto insurance but don't have them with you in the vehicle, you do have time to show them to the court before additional citations are issued.  In most cases, providing proof of license and proof of insurance for the date of the traffic stop before your first court date is sufficient.  If you have your license and insurance and just don't want to show the officer, then you're crazy.  Just show him.  If you've got warrants, outstanding tickets, or something of that ilk, they're going to find out, anyway.  Just cut to the chase and take your medicine.

Another thing that technically you don't have to do, but it's certainly in your best interests, is to exit the car if the officer asks you to.  Basically, you don't have to comply with his request, but if you choose not to, it will no longer be a request.  Make sure to close the door behind you, however, as leaving it open could lead to the officer using plain sight to see something you'd rather him not see.  

There are a number of things you don't have to allow the officer to do.  First and foremost, you have no obligation to agree to any search of your vehicle.  Even if you have nothing to hide, there is no reason to allow an officer to rifling through your personal property.  If he asks to search the interior of your vehicle, politely turn him down.  If he asks you to open your trunk, politely decline.  If he asks you to open your glove compartment, politely decline.  Sometimes, officers will phrase such requests as statements, saying something blunt like "Open your trunk, sir/ma'am."  Don't be fooled.  A police officer can not order his or her way onto or into your personal property.  If they would like to search your vehicle, they'll have to get a warrant.  If they tell you they have probable cause to search your car and forcibly enter your vehicle to do so, contact a Minnesota criminal defense attorney immediately.  The search taking place is likely illegal.  There are some certain circumstances where courts have allowed officers to search cars, but that is for another day.

Lastly, the best way to avoid saying or doing something dumb is to remove yourself from the situation as soon as possible.  In most traffic stops, the end is very apparent.  The officer will talk to you, get your information, write you a ticket/warning (or not if you're lucky) and tell you to be on your way.  In some circumstances, however, the nature of the stop is more ambiguous.  If the officer is asking you a lot of questions, asking to search your vehicle, or threatening to bring in back up if you don't adhere to his instructions, you need to determine what kind of trouble you're in.  The easiest way to do this is to ask the officer if you are being detained.  If the officer says that you are not being detained, politely ask if you are free to leave.  If the answer to this is "no," then disregard the officer's first answer.  You are being detained.  If this is the case, assert your right to speak with your Minnesota defense attorney immediately.  If the officer says that you are free to leave, simply get in your vehicle and slowly drive away.  If he says you are free to leave but continues to ask questions, keep asking if you are allowed to leave until he stops.  Never walk away while still being spoken to.  As always, if you have to have this exchange with an officer, be polite and courteous.

Being armed withe knowledge of your rights is very important, but can also be detrimental.  All too often, citizens will get "snippy" with officers in an effort to protect their rights.  Your first instinct when dealing with police should not be to get defensive and assume that they are trying to take advantage of you.  Police exist to help in our society.  Always assume that they are doing things the right way until they give you reason to believe that they are not.  By keeping these simple concepts in mind, however, you could avoid putting yourself in more trouble than you deserve the next time you're pulled over when driving.

As always, the views expressed in this blog are not intended to be legal advertising or legal advice.  The Minnesota Criminal Defense Blog is intended solely for entertainment purposes.  If you have been charged with traffic violations or believe that your rights have been infringed upon by an officer of the law, contact a Minnesota criminal defense lawyer directly in order to get the legal guidance you will need in order to obtain the best possible result in your situation.

2011's Most Interesting MN Supreme Court Ruling on a Criminal Defense Appeal

One of my favorite things to do when I have a few extra minutes (usually over my morning coffee) is to head over to the MN Supreme Court rulings and read through the recent criminal defense appeals that have gone to a decision.  This is a great way for Minnesota criminal defense attorneys to stay up to date on the ever-changing precedents regarding criminal defense, while at the same time learning some do's and don'ts of representing clients.

My favorite case of the year was the review of a conviction of a Minneapolis man for aiding and abetting first degree premeditated murder for the benefit of a gang.  The case involved a drive by shooting perpetrated allegedly by one gang against another.  The usual appeals were present (insufficient assistance of counsel, statutory bar of conviction, insufficient evidence, etc...), but what made this case so interesting was that the principle party who fired the shots was only convicted of 2nd degree murder, whereas his accomplice was convicted of aiding and abetting first degree murder.  The reasonable assumption is that if the actual murderer was found to have not committed 1st degree murder, his accomplice could therefore not be found to have aided and abetted such a crime.

This was the argument made by the appellant's attorney, citing Minn.Stat. 609.05, claiming that it precluded the appellant's conviction of this specific crime.  Unfortunately, the statute does the exact opposite of that, in that it expressly prohibits such a charge under these circumstances.  The pertinent section reads,

"person liable for the crimes of another may be charged with and convicted of the crime although the person who directly committed it has not been convicted, or has been convicted of some other degree of the crime or of some other crime based on the same act."

Clearly, Minnesota statutory law was in favor of the state in this situation, meaning that the appellant's attorney was likely grasping at straws with this objection.  The eyewitness evidence was pretty overwhelming in this case, and both the appellant and his attorney were likely doing whatever they could think of to get his sentence reduced from life without possibility of release to something involving the possibility of parole.

Other interesting nuggets from this case involve how differently juries and judges can see the same facts.  In the trial for the trigger-man, the defense elected for a bench trial.  The judge in that case concluded that there was insufficient evidence to prove premeditation on the part of the shooter, as well as to prove the group he was a member of qualified as a "gang" under the relevant Minnesota statute.  Given the exact same facts (presumably), the jury in the accomplice's trial found sufficient evidence to support both of those claims, making a conviction at the level of 1st degree murder easier to justify.  In cases like this where there is the possibility of a high amount of prejudice against the defendant and a high level of emotion, it would not be unreasonable for the defense to ask for a bench trial as opposed to a jury trial.  Jury's tend to feed off the emotion of the proceedings more than will a judge, who has made impartiality his living.

This case illustrates just how complicated and nuanced criminal cases can be, and how important it is to have a competent criminal defense attorney on your side.  While not every case has the repercussions of a murder trial, there is no such thing as a minor criminal conviction.  Any conviction can cost you privileges, freedom, and the ability to gain employment, so regardless of what crime you are being charged with, be sure to contact a Minnesota criminal defense attorney immediately to set up a plan of action regarding your case.  Doing so could be the difference in guilt or innocence.

If you want to read more MN appellate court rulings, check out http://law.justia.com/cases/minnesota/.  Here you can find both Court of Appeals rulings as well as Supreme Court rulings.

Here's hoping everybody has a happy, safe, and crime-free New Year!

Let's Get This Rolling!

Welcome!  You have stumbled upon Minnesota's newest legal blog covering the topics of criminal law and defense.  Hopefully you are here for entertainment purposes only, but if you have been charged with a crime and are looking for answers, hopefully you'll be able to find something of use within these pages!

BDH Law Office is a criminal defense firm located just minutes north of St. Paul, MN.  From the smallest traffic offense to the most severe felony charge, criminal proceedings are full of nuance and pitfalls that can really hurt your reputation, impede your rights, and even hinder your ability to find employment.  In this blog, you will have the opportunity to read about cases in the news that we find interesting, see questions asked by other readers, and learn about common misconceptions and myths regarding criminal defense.  I'll be posting to this blog 3 or 4 times a week, so check back often to stay up to date with all the goings on in Minnesota criminal law!

In the mean time, feel free to check out the other social network outlets for the BDH Law Office.  Our Twitter handle is @bdhlawoffice.  Follow us on Twitter to get updates about our practice, as well as info and opinions regarding the world of criminal law.  Join our group on Facebook at facebook.com/bdhlawoffice.  Be a part of the discussion boards, participate in polls, and even chat directly with an attorney.
You can also check out our entry on LawGuru under Minnesota law firms.  The official website of BDH Law Office can be found at bdhlawoffice.com.  You can read more about our firm, our areas of practice, and our attorneys.  You can even fill out a contact form with a short summary of your situation directly to an attorney at BDH Law Office in order to have your case reviewed.  Whether we feel like we can help you or not, a BDH Law Office attorney will be in touch with you within the hour to discuss your situation with you.

Nothing on this blog is intended act as legal advice.  It is solely for entertainment purposes.  If you have been charged with a crime or believe you will be charged with a crime, no amount of internet research will be sufficient to ensure the success of your case.  Contact a Minnesota criminal defense attorney immediately to get specific advice and guidance regarding your situation.

Thanks, everyone!