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Showing posts with label Judge. Show all posts
Showing posts with label Judge. Show all posts

Friday, July 1, 2011

Judge releases Strauss-Kahn

New York (CNN) -- A New York judge released Dominique Strauss-Kahn from house arrest Friday, after prosecutors presented evidence questioning the credibility of the hotel maid who accused the former International Monetary Fund chief of sexual assault.


The alleged victim, a 32-year-old immigrant from Guinea, admitted to prosecutors that she lied about the specifics of her whereabouts following the incident, the details of an asylum application and information she put on tax forms, according to documents filed in court Friday by prosecutors.


But while the case has taken a dramatic turn, it has not been dismissed, said Manhattan District Attorney Cy Vance. The indictment and charges -- including criminal sexual acts and sexual abuse -- against Strauss-Kahn, 62, still stand, Vance said.


His lawyers said the alleged victim told "substantial lies about her own background and the facts of this case."


Defense attorney Benjamin Brafman commended Vance for doing what he said was appropriate.


"We believed from the beginning that this case was not what it appeared to be," he said. "We are absolutely convinced that while today is a first giant step in the right direction, the next step will lead to a complete dismissal of the charges."


Strauss-Kahn's release significantly eases the extraordinary bail conditions that had been previously ordered.


The French financier had been released from jail on $6 million bail but was under house arrest in a luxury townhouse in Manhattan's Tribeca neighborhood. He was paying roughly $250,000 a month for court-ordered 24-hour armed guards posted at the townhouse.


The presiding judge said authorities will continue to withhold Strauss-Kahn's passport but that he is free to travel in the United States.


The stunning twist in the case came after prosecutors, in the course of their investigation, discovered that the alleged victim had not been truthful in a variety of topics regarding her history and circumstances, prosecutors said in a letter submitted to the court.


Prosecutors said the woman admitted lying in her application for asylum in the United States and that she had been a victim of a gang rape, providing details of that attack. She cried when she first told prosecutors about the rape but in a subsequent interview, she admitted the gang rape never occurred.


She said the fabricated account on the asylum application was made with the assistance of a man who "provided her with a cassette recording of the facts" so that she could memorize them.


The woman told prosecutors that she has declared the child of a friend as her own dependent on her tax return in order to receive a larger refund. She "also admitted to misrepresenting her income in order to maintain her present housing," the prosecutors said.


After the alleged hotel assault, the woman told prosecutors that she "fled to an area of the main hallway of the hotel's 28th floor and waited there until she observed the defendant leave," the prosecutors said. She said she then reported the incident to her supervisor.


But in subsequent interviews, the woman admitted her testimony before the Grand Jury was false; that she "proceeded to clean a nearby room, and then returned to Suite 2806 (the room occupied by Strauss-Kahn) and began to clean the suite before she reported the incident to her supervisor."


In angry remarks delivered outside the courthouse, the woman's attorney, Kenneth Thompson, admitted problems with his client's credibility, but the bottom line, he said was that she was attacked.


"That was true the day it happened and it is true today," he said, describing in chilling detail the account the woman gave of her attack and the bruising on her body.


"She has described that sexual assault many times to the prosecutors and to me. And she has never once changed a single thing about that account."


The development is particularly stunning given prior statements by New York authorities, who spoke forcefully about the accuser's credibility, and it leaves the felony case against Strauss-Kahn teetering on collapse, despite incontrovertible DNA evidence of sexual contact recovered from the hotel suite.


"It's just an extraordinary, extraordinary development considering this case was brought with such great fanfare by the Manhattan district attorney and they very loudly trumpeted the credibility of the accuser," said Jeffrey Toobin, CNN's senior legal analyst.


"What makes it even more extraordinary is that the (DNA) evidence apparently shows a sexual encounter between Dominique Strauss-Kahn and the woman who is the maid. Yet even with DNA evidence, the prosecution is considering dropping the case. That shows how bad her credibility may be."


Kenneth Thompson, her attorney, said allegations about the woman's involvement in drugs, published in The New York Times, are a lie, adding that Manhattan District Attorney Vance was afraid of losing the high-profile case.


Thompson also said one of Vance's top aides is married to an individual connected Strauss-Kahn's defense team, creating an untenable conflict of interest in the case.


Vance told reporters Friday that Strauss-Kahn's release did not dismiss the indictment or any of the charges against the former IMF chief, though he did not address Thompson's accusations of impropriety.


The implications of the case are far reaching, especially in France, where before his arrest, Strauss-Kahn was considered a viable candidate in France's presidential election.


The turnaround in the case comes just ahead of the July 13 filing deadline for the French presidential primaries. If the case collapses, Strauss-Kahn theoretically has enough time to file.


His supporters would still like to see him run, though some Parisians interviewed on the streets Friday said even if Strauss-Kahn was cleared of wrongdoing, it was too late for him to seek office this go-around.


Still, many in France felt vindicated over concerns that New York prosecutors were perhaps over zealous and that there had been a rush to judgment.


They were shocked by widely broadcast footage of Strauss-Kahn in handcuffs in May, since a French law passed in 2000 prohibits the publication of images of suspects in handcuffs or in court in order to protect defendants' presumption of innocence.


Jack Lang, France's former minister of culture and education, said he was very happy about the latest developments -- and hoped to see his fellow Socialist party politician make a comeback.

"If the prosecutor and the court decide to declare the innocence of DSK, it will be a good day -- a good day for Dominique himself, a good day for American justice, a good day for France and a good day for the Left," he said.

CNN's Susan Candiotti in New York and Jim Bittermann and Saskya Vandoorne in Paris contributed to this report.


CNN

Wednesday, June 29, 2011

Judge orders hearing on forcibly medicating Loughner

Jared Lee Loughner is charged in the Tucson mass shooting in which six were killedForcing Loughner to take powerful drugs violates his rights, lawyers sayProsecutors say the medication is necessary to control his schizophrenia

(CNN) -- A hearing is set for Wednesday to challenge a decision to forcibly medicate Arizona shooting suspect Jared Lee Loughner in a federal prison hospital.

In an order Tuesday, U.S. District Judge Larry Alan Burns scheduled the hearing for the U.S. Federal Court in San Diego.

Lawyers representing Loughner said that forcing him to take mind-altering psychotropic drugs against his will violates his rights.

Prosecutors said prison officials acted properly in ordering the medication, which they said was necessary for Loughner to control his schizophrenia.

Loughner, 22, is charged in the January mass shooting in Tucson that left six people dead and 13 wounded, including Democratic U.S. Rep. Gabrielle Giffords.

A federal judge ruled last month that Loughner was not competent to stand trial. He was sent to a federal facility in Springfield, Missouri.

His lawyers conceded in an emergency motion filed Friday that they were uncertain whether officials at the U.S. Medical Center for Federal Prisoners, where Loughner was transferred, had started administering the drugs.

However, they said prison officials held a deficient hearing process and used faulty reasoning in deciding to drug Loughner against his will.

For example, Loughner had no attorney present at the June 14 hearing, the lawyers said, and officials failed to state the drug and dosage he should receive.

According to the emergency motion, authorities assessed Loughner as dangerous because of incidents before his transfer to the Springfield prison: He threw a chair against a door and spit at an attorney.

However, the reasoning to administer the drugs was to treat Loughner's mental illness, rather than to subdue any dangerous behavior, according to the motion.

Prosecutors argued that Loughner received a proper administrative hearing on the matter, and the medication prescribed was necessary to prevent him from being a danger to himself and others.

In the days and weeks to come, Rep. Gabrielle Giffords' recovery from a gunshot wound to the head will be a marathon, not a sprint, doctors say.Doctors for Rep. Gabrielle Giffords have upgraded her condition from serious to good, and said she may be transferred to a nearby rehabilitation hospital Wednesday morning.A federal judge entered a plea of not guilty Monday on behalf of Jared Lee Loughner to three counts of attempted murder in the mass shooting that wounded U.S. Rep. Gabrielle Giffords earlier this month.Gabrielle Giffords has been able to stand with assistance. "She's activating her muscles even more than what I had anticipated," one doctor says.Rep. Gabrielle Giffords arrived in Houston, Texas, on Friday to continue her recovery from a gunshot wound to the brain, her office said.The next phase of recovery for U.S. Rep. Gabrielle Giffords is likely to begin later this week when she will be transported to a rehabilitation hospital in Houston.Rep. Gabrielle Giffords was worried about her safety long before she was critically wounded in a mass shooting that killed six people in Arizona, her husband said in a new interview.Arizona shooting suspect Jared Loughner photographed himself posing with a 9mm handgun while wearing a red G-string, a law enforcement source said.Today's five most popular stories

CNN

Monday, June 20, 2011

Anthony case judge scolds attorneys


Orlando (CNN) -- The judge in the Casey Anthony murder trial abruptly canceled Monday's session after initially delaying court to allow defense attorneys more time to pick up a witness.


Anthony's defense team had to scramble to get a witness to court after Judge Belvin Perry ruled that neither of the two witnesses they had on hand would be allowed to testify Monday.


It wasn't immediately clear why Perry canceled the session. Earlier in the morning, while scolding attorneys for what he called continued "gamesmanship," he complained of the trial's slow place.


"By joint stipulation, court is in recess until 9 tomorrow morning," Perry said without explanation in a brief announcement from the bench.


Some spectators who managed to get tickets to attend the trial -- a hot ticket in Orlando -- grumbled quietly as they left the courtroom.


"I guess it's just the luck of the draw," one spectator said on the way out.


Perry is presiding over the trial of Anthony, the 25-year-old Orlando woman accused of killing her 2-year-old daughter, Caylee, in 2008.


Testimony had been scheduled to resume at 9 a.m., but shortly after Perry entered the courtroom, prosecutor Jeff Ashton asked the judge again to delay the testimony of a defense witness who had been ordered off the stand Saturday.


Forensic anthropologist William Rodriguez had planned to testify Saturday about duct tape found near Caylee's skeletal remains and a controversial video that prosecutors say proves that a piece of duct tape could have been the murder weapon.


But Rodriguez's opinions were not contained in his report filed with the court and weren't shared with prosecutors, a violation of a court order, the judge said.


Perry called the omission "quite intentional" and said he would consider contempt proceedings against defense attorney Jose Baez at the conclusion of the trial.


He renewed the threat Monday after Baez complained to Perry that Ashton deliberately refused to take a deposition from a witness, DNA expert Richard Eikelenboom, on Saturday.


Ashton told the judge that Baez had sent Eikelenboom to his office with a half-page report that "indicated nothing, essentially," leaving him with little for questioning.


Perry warned any further deliberate violations of his orders to reveal evidence and opinions to opposing attorneys could result in the exclusion of that evidence from the trial.


That is an extreme step that has not yet been upheld in Florida courts, but Perry said he would be willing to take the action "at the cost of doing this all over again" should the violations continue.


Perry granted Ashton's request to delay Rodriguez's testimony. Eikelenboom -- the defense's second planned witness of the day -- could not testify because prosecutors have not interviewed him, leaving defense attorneys scrambling to pick up their third witness.


A clearly displeased Perry postponed the first testimony of the day until about 10:30 a.m. But when attorneys came back to court, Perry summoned them into his chambers for meetings, before emerging at about 11 a.m. to announce the daylong recess.


Anthony is charged with seven counts, including first degree murder, in her daughter's death. If convicted, she could face the death penalty.


Prosecutors allege Anthony used chloroform to make her daughter unconscious, then used duct tape to cover her nose and mouth, suffocating her. The girl's skeletal remains were found in a wooded field six months after her family last reported seeing her.


Defense attorneys say Caylee was not murdered, but that she accidentally drowned in the family pool on June 16, the day she was last seen. They argue that Anthony and her father, George Anthony, panicked and covered up the death.


George Anthony has rejected that scenario in his testimony.


Perry ordered attorneys to be in court at 8:30 a.m. Tuesday, instead of the customary 9, and told them to plan for a full workday on Saturday instead of usual half-day. He also threatened to cut the time for lunch.


"If y'all don't want to act professional, I will work you real full days," Perry said.

The trial entered its fifth week Monday.

In Session's Mayra Cuevas, Ilana Rosenbluth and Michael Christian contributed to this report.

var cnnOmniPartner="TV-Nancy Grace"Watch Nancy Grace Monday through Sunday starting at 8 p.m. ET on HLN. For the latest from Nancy Grace click here.


CNN

Friday, June 17, 2011

Judge hints jurors may see raw video of Michael Jackson's last days

A 2009 handout photo shows Michael Jackson during a rehearsal, two days before his death.Dr. Conrad Murray's lawyers want Sony to hand over all raw video of Jackson's rehearsalsThe judge wants the defense to limit its "remarkably over-broad" requestMurray's involuntary manslaughter trial for Jackson's death starts in September

Los Angeles (CNN) -- Raw video of Michael Jackson's last days is not covered by laws protecting journalists from court subpoenas, making it likely that Sony will have to let lawyers use its video in their defense of Dr. Conrad Murray, a judge said Thursday.

Lawyers for Murray, who faces trial for involuntary manslaughter in the pop star's death, argued that the unseen rehearsal video could show that Jackson was ill and physically weak.

Prosecutors contend that Jackson died from an overdose of a surgical anesthetic that Murray gave him to induce sleep.

Sony Pictures, which bought the video from Jackson's estate, is fighting the subpoena from Murray's lawyers for access to about 100 hours of video that was used to produce the "This Is It" documentary, released several months after the singer's June 25, 2009, death.

The judge has given the prosecution permission to show clips from the movie to jurors during the trial, which is scheduled to start in September, but the defense wants to use video left on the cutting room floor.

Since Sony was under a contractual obligation with the estate to not use anything that showed Jackson in "a negative light," the unused video may be helpful to the defense, Los Angeles County Superior Court Judge Michael Pastor said.

The judge gave Sony a week to work out technical details with the defense for a way they can view the raw video without the risk of it leaking.

Sony's lawyer said the public release of the raw video could hurt the studio's plans to use it in other productions, such as an anniversary edition of the documentary.

"If they become part of the public record as an exhibit, we have a whole different problem," Sony attorney Gary Bostwick said. "That would immediately become viral on TMZ or some other website."

Defense lawyers were ordered to narrow their subpoena request for the video, which Pastor called "remarkably over-broad."

Michael Jackson hired video photographers to record his rehearsals as he prepared for his comeback concerts in London, scheduled for July 2009. His estate later sold the video and documentary rights to Sony for about $80 million.

Jackson was pronounced dead by an emergency room doctor at Ronald Reagan UCLA Medical Center. The Los Angeles County coroner ruled that his death was caused by an overdose of propofol, a powerful surgical anesthetic, in combination with "the contributory affects of the benzodiazepines."

Murray, who was hired as Jackson's personal doctor in the months leading up to the concert, was later charged with involuntary manslaughter in his death.

"Michael is not with us today because of an utterly inept, incompetent, reckless doctor, the defendant Conrad Murray," Los Angeles County Deputy District Attorney David Walgren said in his final arguments at Murray's preliminary hearing in January.

Murray's lawyers suggested that a frustrated and sleepless Jackson may have self-ingested the fatal dose while the doctor was out of his bedroom.

The defense is hoping the raw video will show Jackson's weakness and frustration as the concert dates neared.


CNN

Wednesday, June 15, 2011

Judge denies Casey Anthony acquittal motion


(CNN) -- A convicted felon who served prison time for kidnapping was added to the list of defense witnesses in Casey Anthony's capital murder trial, court records show.


According to an amended witness list filed Tuesday, defense attorneys claim cell phone records show four calls between Vasco Thompson, 52, and Casey Anthony's father, George Anthony, on July 14, 2008 -- one day before Casey Anthony's 2-year-old daughter, Caylee, was reported missing to authorities.


According to Florida Department of Corrections records, Thompson was sentenced in 1998 to serve eight years in prison for kidnapping.


He was released in 1989, but was incarcerated again from 1992 until 1993, and then again from 1998 to 2004, according to the department's website.


It was unclear how Thompson might fit into the defense's strategy in the Anthony case.


Prosecutors allege that Anthony, 25, killed Caylee in 2008 by using chloroform on her and putting duct tape over her nose and mouth. They allege she then put the little girl's body in black garbage bags and stored it in her trunk before dumping it in woods near her home.


Caylee's skeletal remains were found in December 11, 2008. She was last seen June 16, 2008, but her disappearance was not reported until July 15, after Anthony's mother, Cindy Anthony, demanded answers from her daughter about Caylee's whereabouts.


Anthony faces seven counts in Caylee's death, including first-degree murder, aggravated child abuse and misleading investigators. If convicted, she could face the death penalty.


She has pleaded not guilty. Her attorneys have said Caylee was not killed, but rather drowned in the family pool on June 16.


Defense attorney Jose Baez told jurors that Casey Anthony and her father, George Anthony, panicked when they discovered the body and covered up her death. George Anthony rejected that scenario in his testimony the first week of the trial.


Prosecutors rested their case earlier Wednesday, and Orange County Chief Judge Belvin Perry Jr. rejected a defense request for a judgment of acquittal, saying the jury must decide what to make of the evidence.


Casey Anthony's defense attorneys will begin presenting their case Thursday. The trial, held in Orlando, is in its fourth week.


In arguing for acquittal, defense attorney J. Cheney Mason told Perry the state had failed to prove its case beyond a reasonable doubt and noted that evidence against Anthony is purely circumstantial.


"There is no evidence to establish when the child died, other than a monthly window of opportunity, where she died, how she died, who, if anyone, was with her in attendance when she died," Mason told Perry.


And prosecutors have not disproved that Caylee's death could have been accidental and was covered up, he said. "What has been presented to you and this jury is the mere presence of duct tape on or near the remains."


All the state has been able to prove, he said, is that Anthony had a "history of untruthfulness" with friends and family.


"There has been, in this case, no evidence of premeditation," he said. "... There is a stacking of inferences, a stacking of speculation, but no evidence."


But, prosecutor Linda Drane Burdick told Perry, "It is our position that a reasonable jury in this case can conclude that Caylee Marie Anthony died as the result of an application of three pieces of duct tape to her nose and mouth; that a reasonable jury can conclude that Caylee Marie Anthony died as a result of poisoning by chloroform; that a reasonable jury can conclude that Caylee Marie Anthony died as a result of the combination of the two, based on the evidence that was discovered in the trunk and the evidence connected with how her remains were discovered."


She went on, "It is our position that a reasonable jury can conclude that the relationship between the parties in this case (Casey Anthony and Cindy Anthony) could provide, or did provide, a motive for Casey Anthony to eliminate the child. It is our position that a reasonable jury can conclude that Ms. Anthony began preparations for the elimination of the child as early as March of 2008, when she conducted computer searches for how to make chloroform and other means of weapons and how to create injury."


In the past 3 1/2 weeks, jurors have heard testimony that was sometimes dramatic and other times complicated and scientific. They have seen grisly crime-scene photos of skeletal remains and received crash courses in computer forensics, forensic entomology and DNA testing.


Some of the most powerful testimony came from Anthony's former boyfriends, friends and acquaintances, all of whom saw her between June 16 and July 15, 2008.


During that time, according to testimony, Anthony was living at her boyfriend Tony Lazzaro's apartment, attending parties, hitting nightclubs, getting a tattoo that says "Bella Vita" -- Italian for "beautiful life" -- and shopping.


Numerous witnesses testified that they noticed nothing different in her demeanor, that she did not appear anxious or sad and that she did not mention Caylee except to provide different accounts of where she was -- most commonly, with her nanny, identified by Anthony as Zenaida Fernandez-Gonzalez.


Once an increasingly frantic Cindy Anthony tracked her daughter down and demanded answers as to Caylee's whereabouts, Casey Anthony told her family, as well as police, that Gonzalez had kidnapped Caylee and that she had spent the previous month frantically searching for her daughter.


The apartment Anthony led police to, claiming it was where Gonzalez lived, was vacant at the time. Police were never able to find the nanny. They did find a woman named Zenaida Gonzalez, who denied ever meeting Caylee or Casey Anthony and later sued for defamation.


"No one else benefited from the death of Caylee Marie Anthony," Burdick told jurors in her opening statements. "Caylee's death allowed Casey to live the good life, at least for those 31 days."


When Casey Anthony was asked by authorities, during the 911 call Cindy Anthony made to report her granddaughter missing, why she waited 31 days to report the disappearance, Casey Anthony replied, "I have been looking for her and have gone through other resources to find her, which was stupid."


Gonzalez was one of a host of people Anthony apparently invented, complete with realistic-sounding details, according to testimony.


There was Jeffrey Hopkins, a wealthy suitor she told her mother she and Caylee were spending time with in Jacksonville, Florida, when in reality Caylee was missing and Casey Anthony had not left Orlando. One of Casey Anthony's acquaintances named Jeffrey Hopkins testified, saying he had never dated Anthony, that he was not wealthy and he had never lived in Jacksonville.


In addition, Anthony had claimed to be working at Universal Studios as an event planner through Caylee's disappearance. Testimony showed she had not worked there in years. A co-worker there, Juliette Lewis, whom Anthony said had a daughter Caylee's age, was also not found to exist.


Jurors heard from Anthony's former friend, Amy Huizenga, that her frustration level with her parents, particularly her mother, was rising around the time that Caylee disappeared. "I remember she told me her mom had told her she was an unfit mother," Huizenga said. "She was extremely upset about that."


She said Anthony also had to cancel plans "fairly frequently" when no one was available to watch her daughter.


However, the same friends, acquaintances and former boyfriend of Anthony's also said, when pressed by defense attorneys, that Anthony when seen with Caylee appeared to be a good and loving mother.


Anthony herself has appeared mostly stone-faced during testimony, but has broken down at times, wiping tears away or sobbing outright.


Jurors also heard evidence about Anthony's car, which she abandoned in late June, saying she had run out of gas. It eventually was towed from an Orlando business to a tow yard. Her parents picked it up July 15 after receiving a letter from the wrecker yard.


Numerous witnesses testified about a foul odor coming from the car -- a scent prosecutors allege stemmed from human decomposition. A dog trained to detect human remains alerted to the trunk, according to testimony, and compounds associated with human decomposition were found in the trunk.


One scientist, Arpad Vass of Tennessee's Oak Ridge National Laboratory, also testified that the level of chloroform found in testing of Anthony's trunk was "shockingly high."


Key forensic witnesses described in graphic detail the state of Caylee's remains when they were discovered in a wooded area less than a mile from the Anthony home, and jurors saw pictures of the child's skull; tiny, decaying shorts; and a "Winnie the Pooh" blanket found with the remains.


Animals had chewed on the little girl's bones by the time they were discovered, according to testimony. At times, Anthony ducked her head and tried to avoid looking at the graphic images.


Despite objections from defense attorneys, jurors saw a video in which images of Caylee's skull and the duct tape found across its mouth portion at the scene were superimposed over a photo of Caylee alive, smiling, with her mother.


Some of the most compelling testimony came from Dr. Jan Garavaglia, star of the Discovery Channel's "Dr. G. Medical Examiner" and chief medical examiner in the case. Garavaglia, who examined the child's remains, told jurors she could not say for sure how the child died, but homicide is "the only logical conclusion."


"The fact that it's tossed in a field to rot in bags is a clear indication that the body was trying to be hidden," Garavaglia said.


"It being put in a bag is a very big red flag for homicide, never seen in an accidental death for a child, and the fact that there's duct tape attached anywhere to that child's face is to me indication of a homicide."


An FBI latent print examiner testified that adhesive in the outline of a heart was found on the duct tape that covered the mouth portion of Caylee's remains. Sheets of heart-shaped stickers, with some stickers missing, were found at the Anthony home and introduced into evidence.


A sticker was also found at the site where Caylee's remains were discovered on a small piece of cardboard. An FBI analysis showed that sticker did not match those found at the Anthony home.


Jurors also heard about searches conducted on a computer at the Anthony home on March 17 and 21, 2008 -- several months before Caylee disappeared. They included "chloroform," "how to make chloroform," "household weapons" and "neck-breaking," according to testimony.


Other terms searched included "hand-to-hand combat" and "self-defense" and appeared uninvolved. "Chloroform" was searched for 84 times, according to the testimony of John Bradley, who developed a computer program used to locate the information.


Jurors heard from experts that a hair found in Anthony's trunk appeared similar to that of her daughter's, although the experts could not conclusively state that the hair was Caylee's. In addition, a forensic entomologist testified that tiny flies found in the trunk fit the theory that Caylee's body was stored there -- perhaps for three to five days.

Perry told jurors Monday that testimony in the case could conclude by the end of next week, although he cannot say for sure. Deliberations could begin by June 25, he said.

In Session's Mayra Cuevas, Cara Hutt and Michael Christian contributed to this report.

var cnnOmniPartner="TV-Nancy Grace"Watch Nancy Grace Monday through Sunday starting at 8 p.m. ET on HLN. For the latest from Nancy Grace click here.


CNN

Sunday, June 12, 2011

Mexican judge gives 60 years to killer of top cop (AP)

MEXICO CITY – A judge sentenced a man to 60 years in prison for the 2008 murder of Mexico's acting federal police chief Edgar Millan Gomez, federal prosecutors said Saturday.

Alejandro Ramirez Baez was convicted of homicide and possessing restricted weapons, the Federal Attorney General's Office said in a statement. A second man was sentenced to one year in prison for illegal arms possession. Both were found to be part of a cell of the powerful Sinaloa Cartel, the statement said.

Millan, one of the highest ranking police officials killed by drug cartels in recent years, was attacked in his Mexico City home in May 2008. The Sinaloa cartel had been a key target of operations led by Millan prior to his death.

Also Saturday, Mexican troops discovered almost two tons of methamphetamine stored in water tanks and buried in the ground in the northern state of Coahuila, the Defense Department said. Eleven kilograms (24 pounds) of heroin were found in the same spot after a patrol found dug-up earth in the municipality of Castanos, a Defense Department statement said.

Mexican troops have conducted three other seizures this month in Coahuila, across the border from Texas. Most have been weapons seizures, the most recent one allegedly belonging to the brutal Zetas cartel. Coahuila is one of several northern Mexican states where the Gulf and Zetas cartels are fighting for control.

In the northern state of Durango, a 70-year-old farmer and his two grown sons were gunned down by unknown assailants, the state's prosecutor's office said Saturday. The men had been tending to cattle when they were killed. At least 100 empty shells from an AK-47 were found near the scene, the prosecutor's office said.


Yahoo! News

Saturday, June 11, 2011

Judge allows use of graphic video in Casey Anthony trial

Defense says the prosecution use of a graphic video only inflames the juryProsecutors say the video establishes that "duct tape is sufficient to be murder weapon" Casey Anthony is accused of killing her daughter, Caylee, 2, in 2008Tune in to HLN's "Nancy Grace" at 8 ET for live reports from Orlando, Florida on the Casey Anthony trial. And follow the action on Nancy's special Casey Anthony trial page.


Orlando (CNN) -- The defense is calling the prosecution's use of a graphic video that features a smiling Caylee Anthony with a skull and duct tape superimposed over her face highly prejudicial, saying it only serves to inflame the jurors.


The accusation came in the third week of the trial of Caylee's mother, 25-year-old Casey Anthony, who faces seven counts in her daughter's death, including first-degree murder, aggravated child abuse and misleading investigators.


If convicted, she could face the death penalty. She has pleaded not guilty.


Caylee's cause of death and the condition of her body when discovered months after she was reported missing have been the focus in recent days. The trial is scheduled to resume Saturday.


The defense on Friday argued against allowing the video into court, saying it presented just one of many possible scenarios and would only inflame sentiments among the jurors.


But the prosecution countered, saying it was necessary "to establish the state's theory that this duct tape was sufficient to be the murder weapon."


Orange County Chief Judge Belvin Perry agreed to allow the video into evidence, saying the role of duct tape in the girl's death was "highly relevant."


Perry also denied a mistrial motion made by the defense, related to the video, at the close of Friday's proceedings.


Attorneys for Anthony have said Caylee drowned in the family pool and that Casey Anthony and her father, George Anthony, panicked and tried to cover up the death. George Anthony denied that scenario during his testimony.


Prosecutors allege Anthony used chloroform on her daughter and suffocated her by putting duct tape over the little girl's mouth and nose.


They allege she put her daughter's body in her car trunk before disposing of it. Caylee's skeletal remains were found on December 11, 2008, less than a mile from the home of Anthony's parents.


Earlier Friday, the chief medical examiner in the case said the way in which prosecutors say Caylee's body was discarded left no doubt that the girl was intentionally killed.


Dr. Jan Garvaglia testified that Anthony's failure to report her daughter missing for more than a month was just one of three red flags that strongly indicate foul play.


The others were the discovery of the girl's remains amid black garbage bags in a wooded field -- "tossed in a bag to rot" was her testimony -- and the presence of duct tape on the girl's skull.

On Friday, jurors saw graphic photos of Caylee's bones and heard testimony that they had been gnawed by animals as her body decomposed during as much as six months in the field.

In Session's Nancy Leung contributed to this report.


CNN

Thursday, May 19, 2011

Judge in Casey Anthony trial adjourns jury selection until Thursday

Chief Judge Belvin Perry Jr. of the Orange County Superior Court is presiding over the Casey Anthony murder trial.NEW: Defense lawyer says situation was "private matter"Several people are struck as viable jury pool candidatesAttorneys and the judge have rejected potential jurors for financial hardship and biasAnthony is accused of killing her daughter and then lying to investigators

Clearwater, Florida (CNN) -- The lead defense attorney in the Florida capital murder trial of Casey Anthony said a "private matter" curtailed jury selection Wednesday after only a few hours.

Chief Judge Belvin Perry Jr. of the Orange County Superior Court, after a lunch break Wednesday, asked one of Anthony's defense attorneys whether he had had "an opportunity to discuss the matter with Miss Anthony?"

Defense lawyer Cheney Mason said he had.

The subject of the conversation was not clear in court, but defense lawyer Jose Baez later told Tru TV's "In Session" that the abrupt adjournment resulted from a "private matter" and that people should not speculate.

Baez has previously complained about what he considers the quick pace and nature of the jury selection process.

"We can't comment on the chief judge's decision, as it was his decision. We will resume our work in court tomorrow at 8:30," said Danielle Tavernier, spokeswoman for the State Attorney's Office, 9th Judicial Circuit, which is prosecuting the case.

Anthony is charged in the death of her 2-year-old daughter, Caylee. The young girl's skeletal remains were found in woods near her family's home in December 2008 after she went missing for six months.

Jury selection had resumed Wednesday morning before the adjournment. The selection process has so far lasted nine days.

The goal is to have jury selection finalized late this week, with opening statements set for Monday morning, "if we get a jury," Perry said.

Attorneys and the judge have rejected potential jurors for reasons ranging from financial hardship to bias.

Anthony, 25, has pleaded not guilty.

Jury selection is taking place at the Pinellas County courthouse in Clearwater, Florida.

Attorneys on both sides struck several jurors Tuesday, whittling the potential pool of vetted candidates to just 11 -- six women and five men. Monday ended with 17 such candidates. Those remaining could still be cut before they are sworn in to serve.

Twelve jurors and eight alternates were expected to be seated on the jury, which will be moved to and sequestered in Orange County, where the alleged crime happened and where the trial will take place.

However, Perry on Monday raised the possibility the trial could move forward with fewer than eight alternates.

"We will have what we will have," he said.

HLN's Natisha Lance and In Session's Beth Karas and Michael Christian contributed to this report.


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Monday, May 16, 2011

Gingrich: Judge me on ability to lead now, not my past

Newt Gingrich is running for the Republican presidential nominationThe former House speaker offers conservative ideas and calls for new thinkingGingrich cites the economy, American values and national security as key issuesGingrich acknowledges personal mistakes with an adulterous affair, divorces

Washington (CNN) -- Judge me by what I can do for America now, rather than only by my mistakes in the past, Republican presidential candidate Newt Gingrich said Sunday.


The former House speaker, who announced his candidacy last week, told NBC's "Meet the Press" that he has made mistakes in life, including an adulterous affair that led to one of his two divorces.


Now the American people must decide whether he's the right person to lead the country at what Gingrich called a crucial moment in its history.


"I think that if people watch me, talk with me, get to know me, my hope is that a majority of Americans will decide that I can help this country get back on track in a way that no one else can," Gingrich said. "And if they decide that that's true, then I think we will have a very successful campaign. But people have every right to ask the tough questions and to measure somebody personally."


The nation faces a crossroads on three main issues -- the economy, core values that determine "what it means to be an American," and national security, he said.


His policy prescriptions kept to longtime conservative ideology -- lower taxes and less regulation to spur job creation, no tax increases, and a strong focus on national security.


At the same time, Gingrich called for bringing together top minds to work out solutions that break from traditional perceptions and models of how Washington works, saying there was a need to "rethink the government."


He rejected a GOP proposal to overhaul Medicare a decade from now with a voucher system that would help senior citizens purchase private health insurance, calling that too radical of a change.


"I don't think right-wing social engineering is any more desirable than left-wing social engineering," Gingrich said.


Instead, he advocated working with private corporations and others to create a plan that gets people to voluntarily choose other options than the government-run health coverage for senior citizens that is a major driver of rising federal budget deficits.


At the same time, Gingrich appeared to back another Republican proposal that would change the Medicaid health care program for the poor and disabled to a block grant program, with the federal government providing money to states.


Overall, Gingrich tread a cautious path on the health care issue, opposing the reform plan pushed through Congress by President Barack Obama and Democrats but agreeing with the core concept of personal responsibility in helping to pay for health care coverage.


"I think that there are ways to do it that make most libertarians relatively happy," he said. "I have said consistently we ought to have some requirement, you either have health insurance or you post a bond, or in some way, you indicate you're going to be held accountable."


Gingrich, who turns 68 in June, was first elected to Congress from Georgia in 1978. He rose to the second spot in the House Republican leadership, and was instrumental in helping to craft the 1994 Contract with America -- a conservative blueprint that helped the Republicans take control of the House.


He then became House speaker, but after a disappointing GOP showing in the 1998 congressional elections, Gingrich retired in 1999.


His push for President Bill Clinton's impeachment for allegedly lying to a federal grand jury after an affair with a White House intern got labeled as hypocrisy when news emerged that Gingrich also had an adulterous affair that broke up a previous marriage. Now divorced twice, Gingrich conceded Sunday he made decisions that should be questioned by voters assessing him as a candidate.


"I have made mistakes in my life. I had to go to God to seek forgiveness and reconciliation," Gingrich said, calling for people to "decide whether or not I am today a person who can lead the country and save us from enormous problems."


He also said it was fair to ask if he had the discipline and judgment to be president.


One of his "great weaknesses" is that he is both a political leader and a teacher/analyst, Gingrich said.

"Somebody who offers to lead America has to be much more disciplined and much more thoughtful than an analyst," he said. "Analysts can say anything they want to because there's no downside. But the person to whom you're entrusting leadership of the United States had better think long and hard before they say things. I think that's a fair criticism of me."


CNN


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Friday, April 22, 2011

Federal Judge in New Jersey Dismisses Case Challenging 'Obamacare'

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A federal judge in New Jersey tossed out a challenge to President Obama's health care law Thursday, ruling that the pair behind the lawsuit lacked legal standing.

Nicholas E. Purpura and Donald R. Laster, both of New Jersey, filed the suit last September seeking to derail the law, known as the Patient Protection and Affordable Care Act, which will go into full effect in 2014. The law, Obama's signature domestic achievement, has already ignited a storm of controversy over its cost and the waivers granted since it was enacted a year ago.

The pair's suit was among nearly two dozen challenging the constitutionality of the law, in particular the individual mandate that would require all U.S. citizens to buy health care or face penalties. 

Three federal judges, all appointed by Democrats, have already ruled the law constitutional while two Republican-appointed ones have called it the other way. The Supreme Court is expected to take up the issue next year.

In the pair's complaint, they argued that not only is the law unconstitutional, but also illegal and fraudulent. 

Among their allegations was the overhaul was signed into law by someone ineligible to president -- a reference to a belief held by a fringe movement known as "birthers" that Obama was not born in the United States. 

They alleged the law violated the First Amendment because it would exempt Muslims and the Amish from the individuate mandate. They also said the law violated the Fourteenth Amendment because it provides funding to "historically black and minority serving colleges and taxes tanning salons."

Attorneys for the administration fired back that the case should be dismissed because the pair didn't explain why they were entitled to challenge the law. And Judge Freda Wolfson characterized the pair's allegations as "generalized grievances."

After the administration filed its motion to dismiss the case, the two argued they were personally affected by the law because Purpura, 68, would lose access to popular private insurance plans offered through Medicare and lose privacy of his medical records while Laster, who is disabled, would be taxed on medical devices that cross state lines and be restricted to drugs approved by government officials.

But Wolfson ruled that those allegations were not enough to show that the law had caused them to suffer or posed an immediate theat.

"Considered on their own ... it is clear that these allegations fail to establish Plantiffs' standing to challenge any of the provisions of the act," Wolfson wrote in her ruling.

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Friday, April 15, 2011

Judge Dismisses 1 of 3 Lawsuits Challenging Wisconsin Labor Law

Associated Press

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A judge has dismissed one of three lawsuits filed challenging Wisconsin's divisive law restricting collective bargaining rights.

Dane County Circuit Judge Maryann Sumi on Thursday dismissed the lawsuit filed by Democratic Dane County Executive Kathleen Falk saying she does not have standing to bring the action. The judge says state law forbids an agency or arm of government like a county to challenge the constitutionality of state laws.

Another lawsuit brought by the Dane County district attorney remains. In that case, Sumi blocked enactment of the law earlier this month while she considers whether state open meetings law was violated in the process of passing the bill.

A third lawsuit challenging the law pushed by Gov. Scott Walker has been brought by firefighters and other public workers.

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Friday, April 8, 2011

Vote Count Likely to Change in Closely Watched Wisconsin Judge Race

Associated Press

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Wisconsin's election chief says he expects the unofficial vote totals in the state Supreme Court race to change when local election officials verify the counts, as opponents of Republican Gov. Scott Walker say the results send a clear message about their unhappiness with his controversial limits on union power.

Kevin Kennedy, head of the state's Government Accountability Board, said Wednesday that there will be changes in the totals because "this is a very human-driven process. We expect mistakes."

Little-known attorney JoAnne Kloppenburg declared victory over incumbent state Supreme Court Justice David Prosser with just a 204-vote margin out of nearly 1.5 million cast.

Kennedy says the earliest he would expect a recount request to be able to be made would be late next week. As long as there is no court challenge along the way, Kennedy says he expects the recount would be completed by May 15.

With 100 percent of precincts reporting, Kloppenburg had 740,090 votes, or 50.01 percent. Prosser had 739,886 votes, or 49.99 percent.

Kloppenburg issued a statement thanking Prosser for his service and vowing to be an impartial judge. Prosser's campaign didn't immediately return a message seeking comment on whether he would seek a recount. The latest such a request could be made is April 20.

Counties must start to canvas the vote on Thursday and they have until April 15 to turn in the results. Once the county's last report is filed, a recount can be requested within three business days.

That makes April 20 the latest such a request could be made. If the county reports come in sooner, the deadline to ask for the recount would be pushed up as well.

The winner will serve a 10-year term.

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Wednesday, April 6, 2011

Key Wisconsin race for supreme court judge too close to call

The Wisconsin supreme court election that has turned into a proxy battle over the union-curbing policies of Republican Gov. Scott Walker is too close to call, with the conservative-leaning incumbent only a few hundred votes ahead of a little-known challenger backed by unions.

With 99% of the vote in, Justice David Prosser has only a few hundred vote lead over JoAnne Kloppenburg, a state attorney general.



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Friday, April 1, 2011

Wisconsin Judge Declares Union Law Not in Effect

AP/Milwakee Journal Sentinel

Friday: Judge Maryann Sumi listens to arguments during a hearing in Dane County Curcuit Court in Madison, Wis.

A Wisconsin judge ruled Thursday that the state's explosive new union law that would severely limit the collective bargaining power of most public-sector employees is not in effect.

Dane County Circuit Judge Maryann Sumi's ruling follows a restraining order she issued earlier this month preventing the secretary of state from publishing the law, typically the last step before it takes effect. But another state office published it and Republicans who pushed the legislation declared the law in effect. Sumi issued a declaration on Thursday morning saying the law wasn't properly published.

The ruling deals a setback to Gov. Scott Walker and his administration, which said Tuesday that work on the payroll changes would stop if Sumi ruled the law hadn't taken effect.

The ruling is just the latest twist in a budget drama that has gripped the nation's attention for the last several weeks.

Republicans passed the bill this month by outmaneuvering Senate Democrats who had fled the state to block a vote. Republicans split the collective bargaining part from the budget relief bill so they wouldn't need a quorum to hold a vote.

But Dane County District Attorney Ismael Ozanne and Assembly Minority Leader Pete Barca, both Democrats, filed a court challenge, arguing that Republicans violated the open meetings laws.

As the open meetings suit was pending, Sumi issued a temporary restraining order that prevented Secretary of State Ken LaFollete from publishing the law, now known as Act 10. Publication of the law is the last step to putting a bill into effect, and Democrats argue that the law is not in effect until LaFollete issues the publication. However, the Legislative Reference Bureau also has responsibility for publishing laws, and Republicans said LRB's publication makes it official.

Republican Attorney General J.B. Van Hollen had advised Walker that because Sumi didn't specifically name the administration in her order barring further action on the law, it can proceed with the payroll changes. Justice Department Executive Assistant Steve Means said Wednesday that the state's position had not changed.

Republican Assembly Speaker Jeff Fitzgerald went further, openly questioning the judge's right to rule in the case, saying it "flies in the face of the separation of powers between the three branches of government."

"It's disappointing that a Dane County judge wants to keep interjecting herself into the legislative process with no regard to the state constitution," Fitzgerald said in a statement.

Walker released the rest of this year's budget balancing plan Wednesday, drawing support from Democratic leaders, and the Legislature was expected to pass it next week.

Sumi and others have suggested the Legislature could resolve issues over the legality of the collective bargaining law by simply passing it again.

Fox News' Mike Tobin and The Associated Press contributed to this report.

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