Joey Bergamine, 19, who is preparing for a re-trial in Fayetteville, N.C., on a DUI charge stemming from a July 2007 incident, will argue that he should have been advised of his right to have a lawyer present when his father kicked open his bedroom door hours after the incident to help police officers who had come to question him. Joey’s father is the police chief of Fayetteville, and Joey’s lawyer said entering a locked room, as well as the subsequent interrogation, constituted “police” action and not “parental” action, and since his dad failed to “Mirandize” him, the charge should be dismissed.

Least competetent criminals

(1) Michael Mahoney, 25, is the most recent rapist (according to police in Somerville, Mass.) to believe he is such hot stuff that he gave his phone number to the victim, certain that he had charmed her into wanting to keep seeing him. Police quickly arrested him in July at home, where he lives with his parents. (2) In July, convicted sexual molester Donald Fox, 62, of Frederick, Md., became the most recent convict to challenge the unfairness of his sentence (40 years in prison) and then have the appeals court agree it was unfair, except because it was too short (he’s now serving 80 years).

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