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Final arguments ready in Spector murder retrial
Criminal Law |
2009/03/23 08:45
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Six years after actress Lana Clarkson died of a gunshot wound at Phil Spector's hilltop mansion, lawyers will once again deliver final arguments to a jury in the legendary music producer's murder trial.
The question hanging over these proceedings is whether this jury, unlike the one at Spector's first trial 18 months ago, will be able to reach a unanimous verdict. The first panel deadlocked 10-2 in favor of conviction.
When closing arguments in Spector's retrial begin Monday, prosecutors will attempt to convince jurors that the 69-year-old music producer fired the fatal shot as Clarkson tried to leave his home. The defense will argue that Clarkson, a down-on-her-luck actress approaching middle age, put the gun in her mouth and pulled the trigger. A change from circumstances presented to the first jury is a ruling Friday by Superior Court Judge Larry Paul Fidler that provides an option to convict Spector of a lesser charge. Fidler instructed jurors that involuntary manslaughter charges could be considered. If Spector, who became famous for creating rock music's "wall of sound," is convicted of that charge, he could be sentenced to as little as two to four years in prison. Prosecutors did not charge Spector with involuntary manslaughter, and district attorney spokeswoman Sandi Gibbons said they would still argue that he is guilty of second-degree murder, a conviction with a prison sentence of 15 years to life. |
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Ga. court revives Web hotel price scheme challenge
Breaking Legal News |
2009/03/23 08:43
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A ruling by Georgia's top court has revived a lawsuit by the city of Atlanta claiming it's been shortchanged out of "untold" millions in taxes by online travel companies.
The Georgia Supreme Court ruling Monday throws out an appeals court's dismissal of the lawsuit and sends it back to a lower court.
Atlanta claims Travelocity, Orbitz, Expedia and 14 other online travel companies owe millions in unpaid taxes. Similar challenges have been filed by Los Angeles, Philadelphia, Miami, Chicago and Branson, Mo. The lawsuits challenge pricing schemes in which consumers are charged a higher price than what the sites pay hotels for the rooms, allowing the sites to pocket service fees. The taxes are paid on that cheaper rate — and cities say they're deprived of millions in revenues. |
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Sudan leader visits Eritrea despite arrest warrant
International |
2009/03/23 02:43
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Sudan's president traveled to Eritrea Monday, choosing one of Africa's most politically isolated nations for his first trip abroad since an international court sought his arrest on charges of war crimes in Darfur.
Eritrean television showed live coverage of Omar al-Bashir arriving at the airport in the capital Asmara where he was greeted by his counterpart President Isaias Afwerki along with drummers and dancers. The semiofficial Sudanese Media Center confirmed al-Bashir went following an invitation from Eritrea. Sudanese state television later Monday showed live television pictures of al-Bashir returning to Khartoum.
Eritrean Information Minister Ali Abdu told The Associated Press that al-Bashir was accompanied by his heads of security and intelligence and was there to discuss regional security. The Netherlands-based ICC charged al-Bashir on March 4 of leading a counterinsurgency against Darfur rebels that involved rapes, killings and other atrocities against civilians. His government has been accused of unleashing Arab militiamen known as janjaweed against Darfur civilians in a drive to put down a revolt by ethnic Africans in the region. |
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Court blocks rule allowing guns in national parks
Breaking Legal News |
2009/03/20 09:42
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A federal judge on Thursday blocked a federal rule allowing people to carry concealed, loaded guns in national parks and wildlife refuges.
The decision by U.S. District Judge Colleen Kollar-Kotelly halts a change in regulations issued in the waning days of the Bush administration and orders further review. She set an April 20 deadline for the Interior Department to review the rule and indicate its course of action in response to the injunction.
The rule, which took effect Jan. 11, allowed visitors to carry a loaded gun into a park or wildlife refuge as long as the person had a permit for a concealed weapon and the state where the park or refuge was located allowed concealed firearms. Previously, guns in parks had been severely restricted. The Obama administration had said it was reviewing the Bush rule but had defended it in court. Kendra Barkoff, a spokeswoman for Interior Secretary Ken Salazar, said Thursday the department is reviewing the injunction. The Bush administration issued the gun rule in December in response to letters from half the Senate asking officials to lift the restrictions on guns in parks that were adopted by the Reagan administration in the early 1980s. The rule went further than a draft proposal issued a year ago and would have allowed concealed weapons even in parks located in states that prohibit the carrying of guns in state parks. Some states allow concealed weapons but also ban guns from parks. |
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Autistic murder defendant poses challenges in Ohio
Breaking Legal News |
2009/03/20 09:42
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Sky Walker watches recordings of "The Price is Right" over and over again on a TV positioned just outside his jail cell, a calming ritual for the autistic teenager, who is prone to erratic behavior swings when his routine is changed.
He also gets his favorite barbecue potato chips, and visitors have been allowed to bring him McDonald's Happy Meals — an attempt to keep his environment as normal as it can be as he awaits a decision on whether he is competent to stand trial in his mother's fatal beating.
Walker, 18, is charged with murdering his long-doting mother, Gertrude Steuernagel, a professor at Kent State University who once wrote publicly about having to cope with her son's aggressive behavior. She was found unconscious in their kitchen Jan. 29 and died eight days later. The case has posed special challenges to the justice system from the start; Walker had to wear a face mask at an initial court appearance to prevent him from spitting at deputies. The case has also worried advocates, like Rory McLean, president of the Autism Society of Greater Cleveland, who fear that Walker's actions — he was found cowering in the basement when sheriff's deputies responded to the home — could be misinterpreted. Walker, who has a court-appointed guardian, is due to be arraigned Friday on the murder charge but both sides agreed he did not have to appear in court. He is also charged with assaulting a deputy who investigated the beating. No pleas have yet been entered on his behalf. |
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Montana court rules against credit-card issuer
Court Watch |
2009/03/20 09:41
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The Montana Supreme Court says a credit-card issuer cannot amend a cardholder agreement to add an arbitration clause, merely by enclosing a "bill stuffer" notice with the cardholder's monthly bill. The court in a 5-1 ruling said the practice "does not provide sufficient notice to the consumer" about a change that would restrict his or her access to the courts.
The ruling came in a case brought against the Herbergers department stores by a Kalispell woman, Santana Kortum, who is an attorney. It reverses a District Court ruling that granted Herbergers' motion to compel arbitration and to dismiss the lawsuit, and sent the case back to the District Court for further proceedings. "We conclude that making a change in a credit agreement by way of a "bill stuffer" does not provide sufficient notice to the consumer on which acceptance of the unilateral change to a contract can be expressly or implicitly found." Justice James C. Nelson wrote for the court. "Consequently, Herbergers' unilateral attempt to amend its original cardholder agreement to include an arbitration clause was ineffective. Concurring in the opinion were Justices John Warner, Patricia Cotter, W. William Leaphart and Brian Morris. Chief Justice Mike McGrath did not participate in the ruling. |
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Taxpayers vent against AIG bonuses
Corporate Governance |
2009/03/18 08:16
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For many Americans who could use a bailout just to balance their checkbooks and make it through the month, the thought of their tax dollars going to million-dollar bonuses for AIG executives is enough to make them furious.
"It's difficult to comprehend how screwing up gets you rewards," said George Padilla, a teacher in El Paso, Texas. "I tell my students that if they don't put in the effort and get passing grades, I will not pass them." He added: "I use the old `In the real world ...' line to point out that you would be fired if you didn't do well in your job. Well, I guess `the real world' proved me wrong."
Workers, business owners and taxpayers interviewed across the country this week fumed over the $165 million payout, with some questioning whether the government should even be in the business of bailing out Wall Street — an attitude that could dangerously undermine further efforts by the Obama administration to prop up the economy. "Wasn't Obama supposed to fix this?" said Maria Panza-Villa, a mother of two in Hillsboro, Ore. She said she has lost three jobs since November as one employer after another folded. The intensity of the populist fury became plain when a member of the Senate, Iowa Republican Charles Grassley, actually suggested AIG executives should follow the Japanese warrior example and resign or commit suicide. While many ordinary Americans said Grassley's comments were out of line, others weren't so sure. AIG executives are "not going to bleed to death because I'm not sure that they've got blood. I think it's ice water that runs through their veins," said Gary Jarvis of Herron, Ill., who lost his job as a forklift driver in a factory closing two years ago. "To me, it's just stunning to think they're not even ashamed of their disgusting greed." |
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