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Appeals court upholds sentence in NC bus stop case
Headline Legal News | 2011/05/26 13:44
A man who a federal judge ruled had sex with his adopted sister has lost an appeal of his 2½ year prison sentence.

The judge ordered Royce Mitchell to jail because he decided his sexual relationship with 15-year-old Tiffany Wright violated terms of his 2007 probation on a federal drug charge.

Wright, who was eight months pregnant, was shot to death as she waited for the school bus in September 2009. Police named Mitchell a person of interest, but later concluded he wasn't involved with the killing.

But Wright told a detective that she had sex with Mitchell before she died.

Mitchell continues to deny the allegations, and Wright's lawyer said a DNA test that found Mitchell was not the baby's father proves they didn't have sex. But The Charlotte Observer reports that the U.S. 4th Circuit Court of Appeals decided that just because prosecutors couldn't independently verify Wright's allegations doesn't mean they aren't true.



Ex-Georgia bank exec to be sentenced for fraud
Headline Legal News | 2011/05/11 09:24
A former Georgia bank executive who pleaded guilty to using customers and family members in a multimillion-dollar fraud conspiracy that led to his bank's downfall is scheduled to be sentenced to prison.

Randy Jones could face at least 12 years in prison on Wednesday when he is sentenced in federal court. Three others who have pleaded guilty to conspiring with Jones are also set to be sentenced.

Jones, 50, pleaded guilty in January to receiving kickbacks for real estate loans while he was an executive vice president at Community Bank & Trust, the failed Cornelia-based bank where he worked for 30 years.

The hearing started Tuesday but attorneys spent the day in court arguing over how much restitution Jones should pay and how much time he could face behind bars.



Colo. pot grower to be sentenced in federal court
Headline Legal News | 2011/01/28 23:04

A suburban Denver pot grower who tried to use state medical marijuana law in his defense is due to be sentenced in federal court.

Christopher Bartkowicz is scheduled to appear in court Friday. Judge Phillip Brimer must decide whether to accept the five-year prison term that's part of a plea deal Bartkowicz reached with prosecutors or impose a sentence of his own.

Bartkowicz pleaded guilty to three drug charges after federal drug agents raided his Highlands Ranch home last February and seized hundreds of pot plants growing in his basement.

The raid came after a Denver TV station promoted a story in which Bartkowicz bragged about how much money he would make growing pot under Colorado's medical marijuana law.




Wal-Mart vs. Civil War site: battle heads to court
Headline Legal News | 2011/01/23 23:03

Nearly 150 years after Robert E. Lee and Ulysses S. Grant fought in northern Virginia, a conflict over the battlefield is taking shape in a courtroom.

The dispute involves whether a Walmart should be built near the Civil War site, and the case pits preservationists and some residents of a rural northern Virginia town against the world's largest retailer and local officials who approved the Walmart Supercenter.

Both sides are scheduled to make arguments before a judge Tuesday.

The proposed Walmart is located near the site of the Battle of the Wilderness, which is viewed by historians as a critical turning point in the war. An estimated 185,000 Union and Confederate troops fought over three days in 1864, and 30,000 were killed, injured or went missing. The war ended 11 months later.

The 143,000-square-foot space planned by the Bentonville, Ark., retailer would be outside the limits of the protected national park where the core battlefield is located. The company has stressed the store would be within an area already dotted with retail locations, and in an area zoned for commercial use.

The Orange County Board of Supervisors in August 2009 approved the special use permit Wal-Mart needed to build, but the National Trust for Historic Preservation and residents who live within three miles of the site challenged the board's decision.




Mass. ex-chief found not guilty in boy's Uzi death
Headline Legal News | 2011/01/17 23:02

A former western Massachusetts police chief who organized a gun fair was found not guilty of all charges in the 2008 death of an 8-year-old boy who accidentally shot himself in the head with an Uzi submachine gun.

Edward Fleury cried and hugged his attorney and family Friday after he was acquitted of involuntary manslaughter and three counts of furnishing machine guns to minors in the death of Christopher Bizilj on Oct. 26, 2008. Several of Christopher's relatives quickly left the courtroom without commenting.

The former Pelham, Mass., police chief said he regretted holding the machine gun shoot and will never do it again.

"I want to express my heartfelt sympathy to the Bizilj family," the 53-year-old Fleury said in a courthouse hallway to a throng of TV cameras and reporters. "It was always meant to be an educational event for people and it's unfortunate this terrible accident happened."

He said his arrest and the trial were devastating to him and that he would rather be "dropped into hell than go through this again."

Fleury's firearms training company co-sponsored the annual Machine Gun Shoot and Firearms Expo at the Westfield Sportsman's Club, about 10 miles west of Springfield. Christopher, of Ashford, Conn., was shooting a 9 mm micro Uzi at pumpkins when the gun kicked back and shot him in the head.





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