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Trial starts for Hong Kong businessman in bribery case
Legal Business | 2018/11/25 11:09
The New York trial of a prominent Hong Kong businessman charged in a United Nations-linked bribery conspiracy is set to begin with jury selection Monday.

The trial of Dr. Chi Ping Patrick Ho begins a year after he was arrested on charges accusing him of paying bribes so a Chinese energy conglomerate could secure business advantages. He has been held without bail.

His lawyer has said Ho is looking forward to clearing his name. Ho was once Hong Kong's home affairs secretary.

Ho has insisted he is not guilty of charges that he conspired in October 2014 to bribe the president of Chad and the Ugandan foreign minister.

Prosecutors say Ho's former co-defendant, Cheikh Gadio, will testify at trial that Ho arranged a $2 million bribe to be delivered to Chad's president in gift boxes.

Last Wednesday, U.S. District Judge Loretta A. Preska overruled defense objections, saying Gadio can testify that he understood Ho's $2 million cash payment to President Idriss Deby to be a "bribe."

Ho's lawyers had argued that Gadio's testimony as to whether the $2 million was a "bribe" was lay opinion and should be kept out of evidence the jury can consider.


New black officers, court officials rethinking US policing
Legal Business | 2018/11/19 22:57
Veteran Alabama law enforcement officer Mark Pettway grew up in a black neighborhood called “Dynamite Hill” because the Ku Klux Klan bombed so many houses there in the 1950s and ’60s.

Now, after becoming the first black person elected sheriff in Birmingham - on the same day voters elected the community’s first black district attorney - Pettway sees himself as part of a new wave of officers and court officials tasked with enforcing laws and rebuilding community trust fractured by police shootings, mass incarceration, and uneven enforcement that critics call racist.

In a state where conservative politicians typically preach about getting tough on crime, Jefferson County’s new sheriff ran and won on an alternative message. He favors decriminalizing marijuana, opposes arming school employees, supports additional jailhouse education programs to reduce recidivism and plans for deputies to go out and talk to people more often, rather than just patrolling.

“Going forward we need to think about being smarter and not being harder,” said the Democrat Pettway, 54.

While the nation’s law enforcement officers are still mostly white men, and groups including the American Civil Liberties Union and Black Lives Matter call for sweeping changes in the criminal justice system, minorities appear to be making gains nationwide.

In Pettway’s case, strong turnout by African-American voters, combined with national concern over police shootings of unarmed people of color, helped him defeat longtime Sheriff Mike Hale, a white Republican, said professor Angela K. Lewis, interim chair of political science at the University of Alabama at Birmingham. Winners in other cities attributed their success to similar factors.

Houston voters elected 17 black women as judges in the midterms. Even before the election, nearly the entire criminal justice system in the Georgia city of South Fulton, near Atlanta was run by black women, including the chief judge, prosecutor, chief clerk and public defender. They’re offering more chances for criminal defendants to avoid convictions through pre-trial programs and increased use of taxpayer-funded lawyers to protect the rights of the accused.

Chief Judge Tiffany C. Sellers of South Fulton’s municipal court said officials also explain court procedures in detail to defendants, many of whom haven’t been in court before and are scared.


Malaysia court to resume Kim Jong Nam murder trial on Jan. 7
Legal Business | 2018/11/06 10:08
A Malaysian court on Wednesday set Jan. 7 for two Southeast Asian women charged with murdering the North Korean leader’s half brother to begin their defense, as their lawyers complained that some witnesses were unreachable.

A High Court judge in August found there was enough evidence to infer that Indonesian Siti Aisyah and Vietnamese Doan Thi Huong, along with four missing North Korean suspects, had engaged in a “well-planned conspiracy” to kill Kim Jong Nam.

The women appeared somber but calm during Wednesday’s hearing. The trial had been due to resume Nov. 1 but was postponed after a defense lawyer fell ill.

Aisyah’s lawyers made a new application to the court to compel prosecutors to provide them with statements that eight witnesses had given to police earlier.

Her lawyer, Kulaselvi Sandrasegaram, said they were informed that one of the witnesses, the man who chauffeured Kim to the airport, had died while two Indonesian women who were Aishah’s roommates were believed to have returned to their homeland. She said they have only managed to interview two of the witnesses offered by prosecutors, while two others didn’t turn up for their appointments and couldn’t be contacted.

The witness statements taken by police are important in “the interest of justice” and to ensure that what they say to defense lawyers is consistent with what they told police, Sandrasegaram told reporters later.

Prosecutor Iskandar Ahmad said the police interviews are privileged statements and shouldn’t be made public.

Judge Azmi Ariffin said the court will make a decision on the defense application on Dec. 14. He also set 10 days from Jan. 7 through February for Aishah’s defense and 14 days from March 11 through April for Huong.

The two are accused of smearing VX nerve agent on Kim’s face in an airport terminal in Kuala Lumpur on Feb. 13, 2017. They have said they thought they were taking part in a prank for a TV show. They are the only suspects in custody. The four North Korean suspects fled the country the same morning Kim was killed.

Lawyers for Aisyah, 25, and Huong, 29, have told the judge they will testify under oath in their defense.

They have said their clients were pawns in a political assassination with clear links to the North Korean Embassy in Kuala Lumpur, and that the prosecution failed to show the women had any intention to kill. Their intent is key to concluding they are guilty of murder.


Attorney files challenge to eastern Iowa judge appointment
Legal Business | 2018/11/03 22:31
An Iowa attorney has filed documents in state court challenging the validity of Gov. Kim Reynolds’ appointment of an eastern Iowa judge.

Lawyer Gary Dickey says Reynolds failed to appoint Judge Jason Besler within 30 days as required by the Iowa Constitution.

Reynolds filed the paperwork to appoint Besler in June five days after the deadline had passed. She says she made the appointment by the deadline verbally to her chief of staff but acknowledges no documentation exists to prove it.

Dickey, who served as former Democratic Gov. Tom Vilsack’s chief attorney, filed documents Thursday seeking permission of the court to challenge Besler’s appointment.

Dickey also seeks to move it from eastern Iowa, where Besler sits as a judge, to Des Moines to avoid having fellow district judges ruling on his status.

In October Iowa Supreme Court Chief Justice Mark Cady said the governor’s word that the appointment was timely deserves respect unless resolved differently through the legal proces




Judge: Michael Avenatti must pay $4.85M in ex-lawyer's suit
Legal Business | 2018/10/22 21:30
Porn actress Stormy Daniels' lawyer Michael Avenatti must pay $4.85 million to an attorney who worked at his former law firm, a California judge ruled Monday in an order that holds the potential presidential candidate personally liable in a lawsuit over back pay.

The Los Angeles judge ordered the payout the same day a separate ruling came down evicting Eagan Avenatti LLC from its office space in Southern California after four months of unpaid rent.

In the case over back pay, Los Angeles Superior Court Judge Dennis Landin ruled that Avenatti personally guaranteed a settlement with attorney Jason Frank, who said Eagan Avenatti misstated its profits and that he was owed millions of dollars.

Avenatti, who is best known for representing Daniels in her lawsuit against President Donald Trump following an alleged 2006 affair, did not appear at Monday's hearing and never filed arguments in the case.



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