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Competency hearing begins in Elizabeth Smart case
Court Watch | 2009/11/30 10:16

A federal court proceeding is under way in Salt Lake City to determine if the man charged in the 2002 abduction of Elizabeth Smart is mentally competent to stand trial.

The hearing for Brian David Mitchell started Monday in U.S. District Court and is expected to last 10 days.

A ruling from Judge Dale Kimball is not immediately expected. But the decision will direct how the case moves forward — either to a trial or toward treatment that could restore Mitchell's competency.

Federal prosecutors contend the 56-year-old former street preacher is competent.

Defense attorneys counter that Mitchell is unable to defend himself against charges of kidnapping and unlawful transportation of a minor.

Smart was 14 on June 5, 2002, when she was taken from her home at knifepoint. She was found in March 2003.



US goes after Fla. lawyer's RI, NY properties
Legal Spotlight | 2009/11/30 10:16

Federal authorities are seizing two Rhode Island mansions and a New York City apartment from a Florida lawyer accused of masterminding a $1 billion fraud scheme.

An amended forfeiture complaint against attorney Scott Rothstein lists two adjacent multimillion-dollar homes on Rhode Island's Narragansett Bay. The complaint filed last week also lists a $6 million Manhattan apartment and a $7.2 million home in Boca Raton.

The FBI says Rothstein orchestrated a $1 billion fraud scheme involving investments in fake legal settlements.

No criminal charges have been filed, but prosecutors have moved to seize Rothstein's numerous properties, luxury cars, boats and other assets. Investors have filed lawsuits against Rothstein and others.



Court says defendant must be resentenced
Breaking Legal News | 2009/11/30 07:19

The Iowa Court of Appeals has ruled a Washington County man convicted of shaking his 6-month-old daughter to death must be resentenced.

Jared York was found guilty of child endangerment with bodily injury and involuntary manslaughter. He was sentenced in 2005 to the maximum on both counts for a total of 10 years in prison.

Under Iowa law, a defendant can be convicted of either a public offense or a lesser offense, but not both. The public offense in York's case was child endangerment. The court ruled it was impossible to commit the greater offense without also committing the lesser offense.

The court said the two offenses would merge and there's no clear indication the Legislature intended cumulative punishments, as were given to York.



Polanski stuck in jail; must pay full $4.5M
Breaking Legal News | 2009/11/30 03:20

Roman Polanski remained in jail Monday, despite visits from his lawyer and a French diplomat, and it was unclear if the director had met Switzerland's demand of a full bail payment of $4.5 million to be released.

The Swiss Justice Ministry declined to say what guarantees Polanski needed to give to be transferred from the jail near Zurich to house arrest at his chalet in the luxury resort of Gstaad.

In addition to bail, the 76-year-old filmmaker must surrender his identity papers and be fitted with an electronic monitoring bracelet. He would not be allowed to leave his property as he awaits a decision on whether he will be extradited to the U.S. for having sex in 1977 with a 13-year-old girl.

"The bail must be wired to a bank account, and the bank must then notify us that it has received the bail," ministry spokesman Folco Galli said. "Nothing happens before that."

The full bail payment is standard practice in Switzerland, Galli said.

That is different from other countries such as the United States, where bail bondsmen often post a percentage of the total payment required by a court.

Polanski has been in Swiss custody since being arrested Sept. 26 on a U.S. warrant as he arrived in Zurich to receive a lifetime achievement award at a film festival. Authorities in Los Angeles want him returned to be sentenced after 31 years as a fugitive.



Ariz. gov, lawmakers slam cities on budget lawsuit
Political and Legal | 2009/11/25 08:58

Arizona Gov. Jan Brewer and top Republican legislators blasted Arizona municipalities for going to court to challenge the constitutionality of parts of a budget law, including provisions that deny government services and benefits to illegal immigrants.

The lawsuit filed by the League of Arizona Cites and Towns amounts to siding "with lawbreakers over lawkeepers," said Sen. Russell Pearce, a Mesa Republican who championed the provisions targeting illegal immigration.

Pearce appeared with Brewer, Senate President Bob Burns and House Speaker Kirk Adams at a news conference on Tuesday, one day after the league's lawsuit asked the Arizona Supreme Court to overturn multiple sections of the budget law, which lawmakers passed in August and Brewer signed Sept. 4.

The governor said it was "outrageous and shocking" that the league would challenge the budget law and its immigration provisions "at a time when Arizona is suffering from budget deficits of unprecedented proportions and the state is struggling to meet the basic needs of its citizens."

The illegal immigration section toughened existing prohibitions on providing services or benefits to illegal immigrants. It also makes it a misdemeanor for a state or local government employee to fail to report immigration law violations detected while administering a public benefit or service, and it allows anyone to sue the state or local governments to enforce the prohibitions.



Federal court allows Dec. 8 execution in Ohio
Breaking Legal News | 2009/11/25 08:56

A federal court has ruled that an execution set for Dec. 8 can go forward due to a change in Ohio's lethal injection policies.

The 6th U.S. Circuit Court of Appeals in Cincinnati said Wednesday that the change renders moot Kenneth Biros' argument that the state's former policy using a three-drug vein injection is unconstitutional.

A U.S. District Court judge had temporarily delayed Biros' execution after the governor halted the lethal injection of another inmate in September because prison staff could not find suitable veins.

The state last week announced that it was changing its protocol, effective Nov. 30, to use a one-drug vein injection with a backup two-drug muscle injection.

A message seeking comment was left for Biros' attorney Wednesday morning.



Toyota to replace 4M gas pedals that could jam
Consumer Rights | 2009/11/25 07:58

Toyota Motor Corp. said Wednesday it will replace accelerator pedals on about 4 million recalled vehicles in the United States because the pedals can get stuck in the floor mats.

As a temporary step, Toyota will have dealers shorten the length of the gas pedals beginning in January while the company develops replacement pedals for their vehicles, the Transportation Department and Toyota said. New pedals will be available beginning in April, and some vehicles will have brake override systems installed as a precaution.

Popular vehicles such as the Toyota Camry, the top-selling passenger car in America, and the Toyota Prius, the best-selling gas-electric hybrid, are among those recalled. Also included is the luxury Lexus ES350, the model in a fiery fatal accident in California that focused public attention on the danger.

Toyota, the world's largest automaker, announced the massive recall in late September and told owners to remove the driver's side floor mats to prevent the gas pedal from potentially becoming jammed. The recall and extensive fix is the latest problem to confront the Japanese automaker's sterling reputation for quality during a period of rapid growth, and it prompted top executives to push for improved quality controls.

"The safety of our owners and the public is our utmost concern and Toyota has and will continue to thoroughly investigate and take appropriate measures to address any defect trends that are identified," Toyota said in a statement.



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