News Articles

Mahoney & Henault podcast: Criminalization of Autism

Sun, 16 Oct 2022 15:50:32 +0000

The Greenburger Center for Social and Criminal Justice podcast series interviewed Mark Mahoney and the amazing autism expert and author, Dr. Isabelle Henault on "The Criminalization of Autism Spectrum Disorder" youtube.com/watch?v=ou_O0r...

Mahoney chapters in groundbreaking autism publication

Sun, 16 Oct 2022 16:18:48 +0000

Mark Mahoney has authored two chapters in the groundbreaking book "Handbook of Autism Spectrum Disorders and the Law." The book is edited by world leading autism expert Fred Volkmar,MD, together with Rachel Lofting, PhD, Alexander Westphal, PhD, MD and Marc Woodbury-Smith, PhD.

Mark's Chapters are "Neuroscience of Autism in the Legal Context," co-authored with Stephanie Yarnell-Mac Grory and Alexander Westphal and "Defending Men with Autism Accused of Online Sexual Offenses," the longest chapter in the book.

Harrington quoted in New York Times "Lawyers Press Case That 9/11 Confessions Given to FBI Are Tainted"

Tue, 10 Sep 2019 17:32:43 +0000

In June, James Harrington, a lawyer representing one of Mr. Mohammed’s co-defendants, scolded Colonel Cohen at the judge’s first hearing for referring to the F.B.I. interrogations as “cleansing” statements.

“Right now before the court I believe is an issue of voluntariness with respect to those statements,” he said.

Mr. Harrington offered a longstanding defense argument that anything Mr. Mohammed and the other suspects said at Guantánamo was essentially “a Pavlovian response” drilled into the defendants in their three and four years of torture at the black sites, where the lawyers contend that calculated abuse trained the defendants to later tell the F.B.I. agents what the C.I.A. had forced them to say.

Full article in New York Times, July 29, 2019

Mahoney quoted in Spectrum News, July 17, 2019

Tue, 10 Sep 2019 17:27:23 +0000

Mark Mahoney recently presented at an interdisciplinary program on autism and issues of prosecutions for sex offenses and sex offender registration at Oakland University on May 3, 2019. As a result, Mark was quoted in a Spectrum News article sex offense charges against a person with autism. The article, entitled “When autistic people commit sexual crimes,” by Melinda Wenner Moyer (July 17, 2019). The subtitle of the article is "Many first-time sex offenders on the spectrum may not understand the laws they break. How should their crimes be treated?"

Mahoney featured in Marshall Project Report on Autism Defense

Tue, 10 Sep 2019 17:25:56 +0000

The Marshall Project is a freelance journalism project focusing on criminal justice issues. It has published this article entitled "Downloading a Nightmare: When autism, child pornography and the courts collide"

Here is how the Marshall Project introduces this article:

It is unclear whether people with autism are over-represented among those prosecuted for downloading child pornography. But autism experts and the parents of men with autism are increasingly convinced that the disease makes sufferers both naive about the evils of exploiting children online and less likely to ever become predators in the real world. Some courts are beginning to accept this defense. “The line between legal and illegal in the world of online pornography may be especially blurry for someone without an inherent understanding of social mores and taboos,” writes Anat Rubin, who reported for months for us on this sensitive topic. The Marshall Project

Here is the link to the article: Mark Mahoney - Autism, child pornography and the courts

"Right to Present a Defense" Article Updated !!

Tue, 10 Sep 2019 17:22:59 +0000

The most recent revision of Mark Mahoney's widely circulated "The Right to Present a Defense" article has been updated in the "Publications" section reflecting additions through 2016.

Mark Mahoney speaks at Autism-Europe World Congress

Tue, 10 Sep 2019 17:20:15 +0000

On a panel with Dr. ALexander Westphal, of Yale, Dr. Rachel Lofitn of Rush Unversity Medical Center, in Chicago and Dr. Lauree Sperry, of Yale, Mark Mahoney presented a lecture to the Autism-Europe World Conference in Edinburgh, Scotland, in September 2016. You can see the video of this presentation online.

Union VP Acquitted in Racketeering and Extortion Case

Tue, 10 Sep 2019 16:40:24 +0000

Gerald E. Bove, retired Vice President and Business Agent for Local 17 IUOE, was among the four union members acquitted in the 7 week federal trial which concluded on Friday, April 7, 2014 in Buffalo. The indictment was handed up in 2008, several years after the events charged. Represented by Mark Mahoney, Mr. Bove testified in his own defense, disavowing any involvement in the multiple acts of misconduct alleged in the indictment.

Buffalo's top lawyers join in labor racketeering trial

Tue, 10 Sep 2019 16:38:35 +0000

Mark Mahoney, defense counsel for retired Vice President of Local 17 IUOE, Gerry Bove, challenges RICO prosecution of labor leaders as political attack on union, as the jury begins to deliberate 7-count indictment of union members and leaders.

Called to defend a Sept. 11 planner

Tue, 10 Sep 2019 16:29:30 +0000

Jim Harrington was featured in a front page article in the Buffalo News on January 20, 2013, for his representation of Ramzi bin al-Shibh, one of five men accused of plotting and carrying out the Sept. 11 attacks and who is being held in Guantanamo Bay. Called to defend a Sept. 11 planner

Harrington and Mahoney on "Top Lawyers" and "Hall of Fame" lists

Tue, 10 Sep 2019 16:26:05 +0000

Using an independent evaluation process, the elite "Buffalo Spree" magazine has published a list of the region's "Top Lawyers," which includes both Jim Harrington and Mark Mahoney. Mark was also selected for the 25-member "Legal Hall of Fame" list also published by Buffalo Spree, one of only three criminal defense lawyers on the list.

Dr. Anthony Galea sentenced to "time served" - one day - for "misbranding" charge

Fri, 28 Feb 2020 21:20:18 +0000

A tense nail-biting afternoon in federal court in Buffalo, NY, ended in joy on Friday, December 16, 2011, when District Court Judge Richard Arcara sentenced Dr. Galea to "time served," the one day of jail time that was credited to him as a consequence of his arrest.

Galea had voluntarily surrendered to the U.S. to face charges resulting from the arrest of his assistant who had been stopped at the border with his medicine kit which contained medicines with labels not in English. He ultimately pled guilty to "misbranding" of drugs brought into the U.S.

The Toronto Globe and Mail reported as follows:

"After a 15-minute recess, Judge Arcara announced that Dr. Galea had suffered enough. It came down to a simple equation, the judge explained: "Incarceration would not outweigh the benefit of what he has to offer his patients."

As Judge Arcara retreated to his chambers, Dr. Galea turned to his American defence lawyer, Mark Mahoney, and wrapped his arms around him. His supporters, who included his parents, in-laws and sister, as well as retired hockey player Tie Domi and former Olympic hurdler Mark McKoy, grinned and formed an impromptu gauntlet as he exited the Buffalo courthouse for the last time."

As reported by the National Post:

"Suggesting that Anthony Galea was a "brilliant" and compassionate physician akin to TV's Marcus Welby, a U.S. federal court judge ruled Friday he would not send the Canadian sports doctor to prison.

Dr. Galea, who treated a Who's Who of American sports celebrities, was allowed to go free under a year's "supervision," a status similar to parole that he can spend back home in Toronto with little restriction. It was a dramatically positive end to an ordeal that has seen Dr. Galea accused, in the U.S. media at least, of being at the heart of an extensive network of professional-sports performance enhancement — doping allegations that prosecutors never levelled against him."

The enormous defense effort on behalf of Dr. Galea was a combined effort of the Buffalo law firm Harrington & Mahoney, led by Mark Mahoney, and the premier Toronto firm of Greenspan Humphrey Lavine, led by Brian Greenspan and Seth Weinstein.

See the NY Daily News article here

See the Buffalo News article here

See the National Post article and related articles here

Sports Illustrated has a catalog of 12 celebrated pro athletes who have gotten injuries cured by Dr. Galea, here.