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Fresno DA charges woman after deadly bus crash
Topics in Legal News | 2011/07/20 09:25
A woman accused of providing alcohol to a teenage driver who caused a deadly Greyhound bus crash has been charged with a misdemeanor, officials said Tuesday.

Michelle Kay Cole, 22, was charged with purchasing an alcoholic beverage for a person under 21 resulting in death, Fresno County District Attorney Elizabeth Egan said at a news conference.

Cole was cited Monday but not arrested, Egan said. She could face up to six months in jail and a $1,000 fine if convicted.

A California Highway Patrol report placed sole blame for the crash on 18-year-old Sylvia Garay. Investigators said she was drunk when her SUV hit a concrete barrier and overturned on Highway 99 on July 22, 2010.

The oncoming bus, carrying 31 passengers on a route from Los Angeles to Sacramento, struck the SUV, skidded into a concrete center divider, then tumbled down a 15-foot embankment and plowed into a eucalyptus tree shortly after 2 a.m. a few miles from downtown Fresno.

Garay, her two passengers and three people on the bus were killed. Authorities say Garay had a blood alcohol level of .11 when she died. The legal limit is .08.

The CHP report said the bus driver had no way to avoid the SUV, which was left without lights when it overturned.



Bank of Hawaii settles overdraft fee class-action lawsuit for $9 million
Topics in Legal News | 2011/07/19 09:25
A tentative $9 million settlement with Bank of Hawaii requires the bank to pay each of its customers who had more than one overdraft fee in a day over the last five years.

Bank of Hawaii, the state's second-largest bank, reached the class-action lawsuit settlement in response to claims that the bank improperly charged overdraft fees on debit card transactions, the Honolulu Star-Advertiser reported Tuesday.

The lawsuit accused the bank of systematically re-ordering debit card transactions from highest dollar amount to lowest dollar amount, a practice that allowed the bank to deplete customers' available funds as quickly as possible while maximizing the number of overdraft fees.

The $9 million will be put in a settlement fund used to refund customers and pay attorneys' fees, administrative and other costs in exchange for a complete release of all claims against the company, the bank said. It's unclear how many Bank of Hawaii customers are eligible for refunds.

Similar lawsuits against American Savings Bank and Central Pacific Bank, the state's third- and fourth-largest banks, also are pending.




Strauss-Kahn's French accuser heard by police
Topics in Legal News | 2011/07/12 09:25
A French writer who contends that former International Monetary Fund chief Dominique Strauss-Kahn tried to rape her gave a statement to French police investigators on Monday, a judicial official said.

Tristane Banon brought a criminal complaint last week, and the Paris prosecutor's office has opened a preliminary investigation into her allegations that Strauss-Kahn attacked her in an empty apartment during a 2003 interview.

A judicial official speaking on condition of anonymity in accordance with French judicial regulations said police heard from Banon on Monday.

Banon made no official report of being victimized after the alleged attack eight years ago. Her lawyer, however, said he has evidence, including text messages related to the incident, and Banon has explained that her mother — a Socialist Party politician — dissuaded her from making a complaint immediately after the alleged incident.

A prominent Socialist, Strauss-Kahn had been seen as a leading potential contender and challenger to conservative President Nicolas Sarkozy for next year's elections — until the New York hotel incident embarrassed Strauss-Kahn's party and left him in the political wilderness.

Banon has told L'Express magazine that during an interview for a book project, Strauss-Kahn grabbed her hand and arm before the two fell to the floor of his apartment and fought for several minutes, with the politician trying to open her jeans and bra and putting his fingers in her mouth and underwear.





Lawyer: Mladic to boycott court appearance
Topics in Legal News | 2011/07/03 00:13
Former Bosnian Serb military chief Ratko Mladic plans to boycott Monday's hearing at the Yugoslav war crimes tribunal, where he is scheduled to enter pleas to charges including genocide, his Serbian lawyer said.

Mladic is boycotting to demand the power to choose his own defense attorneys, lawyer Milos Saljic said.

"Mladic has decided not to attend the court session to insist on his defense team choice," Saljic told The Associated Press.

The court in the Hague, Netherlands has asked for more time to vet the list of lawyers Mladic has submitted to verify their qualifications and eligibility. Saljic said that Mladic wants him and a Russian lawyer.

Mladic was extradited to the tribunal from Serbia on May 31 after being captured following 15 years as a fugitive. He is charged with orchestrating atrocities committed by Serb forces throughout the 1992-95 Bosnian war. He faces a maximum life sentence if convicted.






Kansas court system works to improve efficiency
Topics in Legal News | 2011/06/23 22:30
Judges and court workers have completed the data-collection part of a study aimed at making Kansas' court system more efficient.

The Wichita Eagle reported that the data will be analyzed by the National Center for State Courts. That national nonprofit group works to improve the justice system and lobbies on behalf of courts at the federal level.

The results of the $200,000 consultant study of how judges and other court workers spend their time will go to a panel that will recommend changes if they are needed.

Kansas Supreme Court Chief Justice Lawton Nuss said the panel also is gathering public input on ways to improve the courts. The two initiatives are called "Project Pegasus," after the winged horse in Greek mythology.

The goal is to prevent situations like last year when courts were closed four days.

"When our budget is cut or when we don't have enough money, it is our people who suffer, they're the ones who have to get sent home," Nuss told members of the Wichita Pachyderm Club, a Republican group, this past week. "Unfortunately that also comes at the expense of Kansas citizens, because when we have no money and we have to close the courts, the citizens no longer have access to justice."

Nuss said most of the consultant study is being paid for mostly from salary and benefit savings accrued after appellate Judge Jerry Elliott died in April of last year and former Supreme Court Chief Justice Robert Davis died last August.




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