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In Strauss-Kahn case, DA weighs limited options
Court News | 2011/07/02 00:13
At first, prosecutors said their sexual assault case against Dominique Strauss-Kahn was growing more formidable by the day. Six weeks later, they said his accuser's history of lying raised major red flags, but they weren't dropping the case, at least for now.

With the former International Monetary Fund leader freed from house arrest because the case has weakened, prosecutors aren't saying what their next move may be.

Some legal experts say prosecutors will all but have to abandon the case because of the damage to the accuser's overall credibility, even if they believe Strauss-Kahn attacked the woman, a housekeeper at a New York City hotel where he was staying. Still, at least one former high-level prosecutor thinks the case isn't doomed.

For now, Manhattan District Attorney Cyrus R. Vance, Jr. is saying only that prosecutors will keep investigating "until we have uncovered all relevant facts."

"Sometimes the road to get to the truth has twists and turns in it, which are not always apparent at the outset," he said in a statement Sunday. "What is important is not a win or a loss, but rather to ensure the criminal justice system balances the rights of all those who come before it."

Prosecutors have a number of options, including going ahead with the current charges or reducing them.

They could try to negotiate a plea deal, though it's unclear whether Strauss-Kahn would entertain one. He has asserted his innocence, and the doubts raised about the woman's trustworthiness would likely improve his chances at a trial. While prosecutors haven't questioned her account of the alleged attack itself, they say she's been untruthful about a number of other things, including what she did right afterward. That could make potential jurors reluctant to take her word over Strauss-Kahn's.



Court won't revive Clemens lawsuit against trainer
Court News | 2011/06/27 22:29

The Supreme Court won't revive baseball star Roger Clemens' lawsuit against his former personal trainer for claiming he injected the pitcher with steroids and human growth hormones.

The high court on Tuesday refused to hear an appeal from the seven-time Cy Young winner, who has an upcoming perjury trial in Washington.

The 5th U.S. Circuit Court of Appeals threw out Clemens' defamation suit against his longtime trainer Brian McNamee, saying a Texas federal court didn't have jurisdiction over Clemens' claims involving statements McNamee made in New York.

Clemens wanted that decision overturned, but the high court refused to take up the case.

McNamee said in New York he had injected Clemens with steroids and HGH and repeated those allegations during an interview at his New York home to a writer for SI.com.

Clemens has denied using performance-enhancing drugs, and testified in front of the House Oversight and Government Reform Committee in February 2008 that he never used drugs in his 24-year career.

Prosecutors say that was a lie and have charged him with false statements, perjury and obstruction of Congress. The former pitching star's criminal trial is expected to begin on July 6.




Ex-Delaware pediatrician guilty of child sex abuse
Court News | 2011/06/23 22:30
A former Delaware pediatrician who decorated his office with Disney characters and miniature amusement park rides was found guilty Thursday of sexually abusing scores of his young patients.

Earl Bradley, 58, recorded homemade videos of the abuse, said prosecutors, who presented the judge with more than 13 hours of videos showing sex crimes against more than 80 victims, most of whom were toddlers.

Superior Court Judge William Carpenter Jr. announced the verdict in business-like fashion, avoiding any personal remarks about Bradley. An indictment against Bradley initially contained 470 counts, but attorneys agreed before the trial to consolidate them into 24 counts.

Bradley was found guilty on 14 counts of first-degree rape and five counts each of second-degree assault and sexual exploitation of a child.

Bradley, who will be sentenced on Aug. 26, faces up to life in prison on each rape charge.

He showed no reaction when the verdict was announced, but some of the spectators cried.

Carpenter presided over a one-day trial in which prosecutors called two witnesses and presented the judge with an external hard drive containing the videos, recorded from December 1998 to Dec. 13, 2009. Bradley was arrested after a 2-year-old girl told her mother the doctor hurt her after an office visit, an accusation that came just days before the last video was recorded.

In a footnote to his verdict, the judge wrote that he was unable to discern the video activity for one alleged victim and there was no video for another.




High court won't look at dispute over Sioux land
Court News | 2011/06/20 05:25
The Supreme Court has refused to get involved in a long-running dispute on the continued existence of the Yankton Sioux Tribe and the extent of its lands in South Dakota.

The justices on Monday let stand several rulings involving the tribe, including an appeals court decision saying the reservation covers more than 30,000 acres, which is mostly land the federal government holds in trust for the tribe and individual tribal members.

The high court also rejected an appeal from the tribe to block the transfer of two federal recreation areas along the Missouri River to the state of South Dakota.

The cases are Daugaard v. Yankton Sioux Tribe, 10-929; Southern Missouri Recycling v. Yankton Sioux Tribe, 10-931; Hein v. Yankton Sioux Tribe, 10-932; and Yankton Sioux Tribe v. Daugaard, 10-1058.



High court to hear Montana dams lawsuit
Court News | 2011/06/20 01:26
The Supreme Court is entering a $40 million dispute between an energy company and Montana that could turn on the experiences of the Lewis and Clark expedition.

The justices said Monday they will hear an appeal from PPL Montana of a state court decision ordering the company to pay $40 million in rent for placing its hydroelectric dams in riverbeds owned by the state.

The ownership of the waterways turns on whether they were navigable when Montana became a state in 1889. Both the company and the state base part of their argument on the journey of Meriwether Lewis and William Clark more than 200 years ago.


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