wrongful prosecution Archives

Inside People v. Smiel: When Process Becomes the Story

October 28, 2025November 9, 2025 - by Michael Phillips - Leave a Comment

Giselle Smiel faces five felonies, including kidnapping, for picking up her crying child at a San Diego school. Her defense argues there was no force or substantial movement, pointing to lack of evidence and jurisdictional issues. Advocates highlight constitutional violations and ADA neglect in her arrest, seeking dismissal of charges and oversight on family-court mechanisms in criminal cases.

Paper Crime Scene: How a County Line Turned a Custody Dispute Into a Felony Case

October 19, 2025October 19, 2025 - by Michael Phillips - Leave a Comment

Giselle Farias Smiel faces felony charges for allegedly kidnapping her children, stemming from bureaucratic mistakes and insufficient evidence. The case highlights systemic failures, including secrecy and lack of inter-agency communication, which overshadow due process and create a troubling precedent for parental rights and disability protections within the legal system.

The Records They Wouldn’t Release — and the Mother They Jailed

October 5, 2025October 6, 2025 - by Michael Phillips - Leave a Comment

The case of Giselle Smiel highlights significant issues of transparency and jurisdictional failures in California’s justice system. After a May 2025 incident involving alleged child abduction, Smiel faced six felony charges despite having no criminal history. Denied access to public records and effective legal representation, she remains in jail, raising concerns over systemic accountability and due process.

Attorneys / Corruption / Free Speech / Freedom of the Press / Government Corruption / New York / New York Watch / Rights and Freedoms / The Last Free Press: How Substack Became a Crime Scene

Free Speech Under Attack: Staten Island DA Issues Arrest Warrant Over Substack Email

August 3, 2025August 3, 2025 - by Michael Phillips - Leave a Comment

Staten Island DA Michael McMahon has issued an arrest warrant for Richard Luthmann, a disbarred attorney, over a Substack post deemed threatening. Critics argue this is an infringement on First Amendment rights and an abuse of power, raising concerns about political retaliation and the implications for free expression in America.

Accountability / Ada Accommodations / Child Custody / Child Custody / Corruption / Court Corruption / Family Court / Family Court Reform / Fraud / Government Corruption / Law Enforcement / New York / New York Watch / The Corruption Series / The Fishman Files

When Police Lie on Reports: What Happened to Marc Fishman Could Happen to You

July 15, 2025July 14, 2025 - by Michael Phillips - Leave a Comment

Marc Fishman’s life was devastated after a police officer falsely reported a violation of a protective order during a supervised visit with his son. Despite having evidence and supervision, Fishman was arrested, leading to unjust legal repercussions and estrangement from his children. This case highlights the dangers of reliance on flawed police narratives.