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Lawyer seeks dismissal in Ohio HS player rape case
Headline Legal News |
2013/02/25 15:47
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On the eve of their trial, the attorney for one of two Ohio high school football players charged with raping a girl after an alcohol-fueled party said Tuesday that moving forward with the case is "patently unfair and un-American" because important witnesses haven't been compelled to testify.
The attorney for Ma'Lik Richmond filed a motion Monday saying that further prosecution of Richmond violates his due process and equal protection rights and asks the judge or state to dismiss the case.
"You have case where it's clear — clear — that basic, fundamental, constitutional guarantees are not available to this child, my client, to put on a defense," Walter Madison told The Associated Press. "As such, it is patently unfair and un-American to continue knowing that that is not available."
Richmond, 16, and Trent Mays, 17, are scheduled to go on trial Wednesday in Jefferson County juvenile court in Steubenville on charges they attacked a 16-year-old West Virginia girl last August. Their attorneys have denied the charges.
But the attorneys for both teens said their clients will be denied a fair trial because of the availability of crucial witnesses. A West Virginia judge's ruled last week that three juvenile witnesses there could not be compelled to testify in the Ohio case.
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Top lawmakers consider new court to monitor drones
Topics in Legal News |
2013/02/08 13:21
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Senator Dianne Feinstein says it's time to lift the secrecy off the CIA drone program that targets al-Qaida operatives so that U.S. officials can acknowledge the strikes and correct what she says are exaggerated reports of civilian casualties.
The California Democrat and Senate Intelligence Committee chairman says she and other lawmakers may explore setting up a special court system to regulate strikes, similar to the special courts that signs off on government surveillance in espionage and terror cases.
Feinstein spoke after the confirmation hearing for CIA nominee John Brennan, who defended the drone program, saying policymakers only used lethal strikes as a last resort.
She says the CIA allows her staff to monitor the top secret Predator program, but she believes it's now too public to keep under wraps. |
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Jury: Oregon car-bomb suspect guilty of terrorism
Court News |
2013/02/01 14:56
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Three hours before they handed down a sentence that could put an Oregon man in prison for life, deliberating jurors sent a note to a trial judge with a question.
Did the man whose fate they were deciding need to have envisioned the specific crime for which he was accused? Or did he merely need to be inclined toward some kind of terroristic act?
Their question more broadly reflects the central debate at the heart of the trial of Mohamed Mohamud, a 21-year-old Somali-American found guilty on Thursday of attempting to bomb a Portland Christmas tree-lighting in November 2010.
Prosecutors were met by a claim of entrapment by Mohamud's defense team, and needed to convince jurors that he was predisposed to terrorism by the time an FBI informant began discussing radical jihad with him over emails.
The judge, Garr King, told jurors Thursday that Mohamud only had to be likely to commit the offense or one like it, and he did not specifically have to be thinking about a bomb at the specific time and place at which he and two undercover FBI agents decided to plant one.
The bomb was a fake, supplied by the agents posing as jihadis.
Jurors were given starkly different portraits of the man who was 17 when the FBI began to focus on him. In the prosecution's description, Mohamud was a powder keg in search of a spark, an angry teenager with the right combination of anti-Western sentiment and a plausible cover story as an Oregon college student. |
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Top court orders Italian marines tried in India
Legal Business |
2013/01/19 11:25
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India's Supreme Court ruled Friday that two Italian marines accused of killing a pair of fishermen off the coast of India last year will be tried in a special court to be set up by the Indian government. Italy had argued that the shootings should be dealt with by an Italian court and said the killings took place in international waters, which India disputes. The trial is expected to further strain ties between Italy and India that have been frayed by the yearlong fight over the marines' fate. Top Italian officials have visited the marines, Massimiliano Latorre and Salvatore Girone, at a guesthouse in the southern state of Kerala to lend their support and the Indian government allowed them to go home for two weeks to celebrate Christmas with their families. The marines were part of a military security team aboard a cargo ship when they opened fire on a fishing boat last February they said they mistook for a pirate craft and killed two Indian fishermen. The court ruled Friday that the trial should take place in India in a special court to be set up by the central government in consultation with the chief justice, according to the Press Trust of India. The order removed the case from the jurisdiction of the southern state of Kerala, near where the shooting took place. |
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High court to hear appeal in case of jilted woman
Court News |
2013/01/18 11:25
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The Supreme Court will hear an appeal from a jilted woman who was convicted under an anti-terrorism law for spreading deadly chemicals around the home of her husband's mistress. The justices said in an order Friday that they will revisit the case of Carol Anne Bond, a Pennsylvania woman who was given a six-year prison term for violating a federal law involving the use of chemical weapons. In 2011, the court unanimously sided with Bond to allow her to challenge her conviction despite arguments from federal prosecutors and judges that she shouldn't even be allowed to appeal the verdict. Lower courts subsequently rejected the appeal. Bond, from Lansdale, Pa., near Philadelphia, says she is in prison over a domestic dispute that resulted in a thumb burn for a onetime friend who became her husband's lover. Bond was convicted in federal court of trying to poison the woman by spreading toxic chemicals around her house and car and on her mailbox. Her argument is that the case should have been dealt with by local authorities, as most crimes are. Instead, a federal grand jury indicted her on two counts of possessing and using a chemical weapon. The charges were based on a federal anti-terrorism law passed to fulfill the United States' international treaty obligations under the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. |
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