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Russian court: Greenpeace activist to stay in jail
International |
2013/11/18 15:31
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A Russian judge refused Monday to free Australian Greenpeace activist Colin Russell, who was among 30 people arrested following a protest against oil drilling in the Arctic, signaling that others also could be kept in jail for three more months pending trial.
In a subsequent hearing, however, a judge agreed to free a Russian doctor who was on the Greenpeace ship when it was seized by the Russian coast guard on Sept. 18. Yekaterina Zaspa was released on bail of 2 million rubles ($61,500).
Investigators had asked St. Petersburg courts to extend the detention period of all 30. Hearings were scheduled Monday for seven of the group.
During similar hearings two months ago on whether to jail the defendants, the rulings were the same in all 30 cases, which made Monday's release of the Russian doctor unexpected.
The Russians arrested everyone on board the ship, including cooks and journalists documenting the protest, after a few of the environmental activists tried to scale an offshore drilling platform owned by Russian state energy giant Gazprom. |
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Court reinstates death penalty notice for Monfort
Court Watch |
2013/11/18 15:31
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The state Supreme Court ruled Thursday that King County prosecutors can seek the death penalty against a man accused of killing a Seattle police officer.
In a unanimous decision, the high court overturned a February King County Superior Court ruling that had found that Prosecutor Dan Satterberg's decision to seek the death penalty against Christopher Monfort was invalid because he relied on a mitigation investigation by his office, rather than waiting for evidence from the defense. The Supreme Court reinstated the death penalty notice, and sent the case back to the trial court to proceed.
Monfort is accused of killing Officer Tim Brenton and wounding another officer as they sat in a patrol car Oct. 31, 2009, as well as setting fires to police cars earlier that month. Monfort was wounded by police during his arrest about a week later in Tukwila. He is paralyzed from the waist down and confined to a wheelchair.
Nearly 10 months after Monfort was arraigned, Satterberg announced he would seek the death penalty. At the time, his office had conducted interviews with more than two dozen of Monfort's friends, acquaintances and family members to see if there was mitigating evidence. Satterberg had not considered any mitigating evidence presented by defense attorneys, because they hadn't given him any.
Under state law, mitigating circumstances that could merit leniency include mental disturbance or disease.
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High court reverses pot conviction over evidence
Health Care |
2013/11/11 13:19
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The Montana Supreme Court on Wednesday reversed the conviction of a Beaverhead County man for criminal distribution of dangerous drugs, saying he was convicted based on insufficient evidence.
The court ruled in a 4-1 decision that state prosecutors presented the testimony of just one witness, who said Anthony James Burwell provided her with marijuana in exchange for baby-sitting his two daughters while he went to work in summer 2011.
Jennifer Jones told authorities that the night before she was supposed to baby-sit, she and Burwell smoked a bowl of a substance she said was marijuana, describing it as "green with orange hairs," according to the opinion written by Chief Justice Mike McGrath.
Jones identified Burwell in a list of "people to narc on" that she wrote while in police custody, McGrath wrote. She gave a vague description of the man and said he lived next door to her friend, according to the opinion.
Officers concluded Jones was referring to Burwell, found that he had a medical marijuana card and charged him in October 2011. He was convicted in district court and sentenced to 10 years, with five years suspended.
"Officers never searched Burwell's residence, never attempted a controlled buy and never discovered any marijuana in his possession," McGrath wrote.
No expert analyzed Jones' description of the substance, no other witnesses backed her testimony and she did not describe the effects of the substance, McGrath wrote.
The evidence was insufficient to conclude beyond a reasonable doubt that the substance was a dangerous drug, the chief justice wrote.
Justice Jim Rice dissented, saying that the majority opinion ignores significant circumstantial evidence and that it was up to the jury that convicted Burwell to determine the facts.
Burwell acknowledged that he did not pay Jones cash for baby-sitting and that Burwell and his son were medical marijuana cardholders permitted to grow the drug at home, Rice wrote.
"The testimony here, of a lay witness identifying marijuana from prior experience with the drug, along with the confirming circumstantial evidence, is sufficient to establish the identity of the substance," Rice wrote. |
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N. Ind. court helps veterans get back on track
Politics |
2013/11/11 13:19
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A northern Indiana judge is helping troubled veterans get their lives back in order.
Porter Superior Judge Julia Jent started the Veterans Treatment Court slightly more than two years ago. Case managers, mental health professionals, prosecutors and public defenders work to help veterans who have had a run-in with the law try to solve some of the problems they are facing.
On Friday, six military veterans who graduated from the program. Sixty-three-year-old Paul Hake of Porter says it completely change his life. Hake is a Marine veteran who served in Vietnam. He says he had a problem with alcohol, but now he has his life back.
The class was the third graduating class since the program began.
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Calif. analyst pleads guilty in NY insider case
Class Action |
2013/11/08 14:05
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A California financial analyst has pleaded guilty in New York, admitting he provided insider tips to an SAC Capital portfolio manager.
Sandeep Aggarwal admitted Friday that he provided the tips to the SAC employee and others about a blockbuster deal between Microsoft Corp. and Yahoo Inc. Investigators say the information pertained to a secret, pending search engine advertising partnership between the companies.
Aggarwal has pleaded guilty to conspiracy to commit securities fraud and securities fraud in Manhattan in a cooperation deal. The 40-year-old was arrested in July in San Jose, Calif.
Authorities say they had wiretap evidence from 2009.
Aggarwal told a magistrate judge he provided the tips to boost his standing as an analyst. He says he is "extremely sorry." |
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Anti-whaling activist to testify in US court
Patent Law |
2013/11/08 14:05
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A fugitive anti-whaling activist known for confronting Japanese whaling vessels off Antarctica is due to testify about his actions in a U.S. court Wednesday.
Paul Watson, founder of the Oregon-based Sea Shepherd Conservation Society, is expected to take the witness stand in a contempt of court hearing in Seattle.
The Japanese whalers argue that the organization 10 times violated an order barring its vessels from attacking or coming within 500 yards of the whaling ships. They've asked the 9th U.S. Circuit Court of Appeals to impose fines of $100,000 for each violation, though they suggested the court waive those fines as long as the protesters stop confronting their ships.
The case is part of a long-running fight between the protesters and Japan's whaling fleet, which kills up to 1,000 whales a year, as allowed by the International Whaling Commission.
Japan is permitted to hunt the animals as long as they are killed for research and not commercial purposes, but whale meat not used for study is sold as food in Japan. Critics say that's the real reason for the hunts.
For several years, Sea Shepherd operated anti-whaling campaigns in the Southern Ocean. Activists aboard its vessels would hurl acid and smoke bombs at the whalers and drag ropes in the water to damage their propellers. |
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Appeals court to review approval of BP settlement
Breaking Legal News |
2013/11/04 12:25
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A year ago, lawyers for BP and Gulf Coast residents and businesses took turns urging a federal judge to approve their settlement for compensating victims of the company's massive 2010 oil spill.
On Monday, however, the one-time allies will be at odds when an appeals court hears objections to the multibillion-dollar deal. That's because several months after U.S. District Judge Carl Barbier approved the settlement, BP started complaining that the judge and court-appointed claims administrator were misinterpreting it. The London-based oil giant is worried it could be forced to pay billions of dollars more for bogus or inflated claims by businesses.
Plaintiffs' attorneys who brokered the deal want the 5th U.S. Circuit Court of Appeals to uphold the class-action settlement.
As of Friday, payments have been made to more than 38,000 people and businesses for an estimated $3.7 billion. Tens of thousands more could file claims in the coming months.
The settlement doesn't have a cap, but BP initially estimated that it would pay roughly $7.8 billion to resolve the claims. Later, as it started to challenge the business payouts, the company said it no longer could give a reliable estimate for how much the deal will cost.
The dispute centers on money for businesses, not individuals. Awards are based on a comparison of revenues and expenses before and after the spill. BP says a "policy decision" that claims administrator Patrick Juneau announced in January has allowed businesses to manipulate those figures in a way that leads to errors in calculating their actual lost profits. |
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