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Father, son plead not guilty in Ore. bank bombing
Breaking Legal News | 2008/12/27 09:06
A father and son accused of killing two Oregon law enforcement officers in a bank bombing pleaded not guilty Friday to charges that could lead to the death penalty if they are convicted.

Bruce Turnidge, 57, and his 32-year-old son, Joshua, appeared in back-to-back hearings Friday on multiple counts of aggravated murder. A grand jury indictment released Friday alleges that the bomb that exploded Dec. 12 was part of a bank-robbery attempt, but it does not say how the men allegedly intended to get the money.

Authorities had not previously specified a motive for the bombing in Woodburn, about 30 miles south of Portland. Prosecutors have refused to talk about details outside the courtroom.

"As for getting into the specifics, I can't say anything more than what's alleged in the indictment," said Matt Kemmy, a deputy district attorney who's been handling the case.

Investigators previously disclosed that a caller to a Wells Fargo office in Woodburn on Dec. 12 made a threat and said that further instructions would come from a cell phone near a garbage can. Officers said they determined that the phone was not part of an explosive device.

Later in the day, investigators turned their attention to the West Coast Bank office next door, and a green metal box was found outside.



Gov's lawyer asks panel to subpoena Obama staff
Political and Legal | 2008/12/26 09:08
An attorney for the Illinois governor has asked the legislative committee considering whether to impeach the governor to subpoena President-elect Barack Obama's incoming chief of staff and a senior adviser.

Ed Genson told the Chicago Sun-Times for a story published Thursday that testimony from Rahm Emanuel, Valerie Jarrett — and Rep. Jesse Jackson Jr. — would help Gov. Rod Blagojevich's claim that he did no wrong in trying to fill Obama's vacant Senate seat.

Messages left for Genson, the Obama transition team and Jackson were not returned to The Associated Press Thursday.

Blagojevich was arrested Dec. 9 and charged for allegedly trying to sell Obama's vacant Senate seat to the highest bidder. He has denied any wrongdoing.



SKorean court rules in favor of US beef imports
World Business News | 2008/12/26 09:06
A South Korean court on Friday ruled that a legal notice issued by the government to allow the resumption of U.S. beef imports does not violate the constitution.

South Korea's opposition parties and thousands of people petitioned the Constitutional Court to try to block U.S. beef from entering the country by claiming the notice violated their constitutional rights.

The nine-member court rejected the petition, saying that measures in the legal notice intended to protect consumer safety could not be ruled insufficient.

The government issued the notice in late June — the final administrative step required to allow shipments to resume — despite weeks of violent protests by South Koreans concerned about the health risks of eating U.S. meat.

South Korea banned American beef in 2003 after a case of mad cow disease was discovered in the U.S.

In November, South Korea's supermarket chains resumed selling U.S. beef from cattle younger than 30 months, believed less susceptible to mad cow disease.

Eating meat products contaminated with mad cow disease is linked to variant Creutzfeldt-Jakob disease, a rare and fatal human malady.



Mass. police chief pleads not guilty in Uzi death
Breaking Legal News | 2008/12/24 09:07
A police chief in western Massachusetts pleaded not guilty Monday to involuntary manslaughter in the death of an 8-year-old boy who accidentally shot himself with an Uzi at a gun show.

Pelham Chief Edward Fleury owns COPS Firearms & Training, which promoted the October show where Christopher Bizilj (bah-SEEL') shot himself in the head.

Fleury's lawyer, David Kuzmeski, also entered not guilty pleas on Fleury's behalf to four counts of furnishing a machine gun to a person under 18. Fleury did not appear at the arraignment in Hampden Superior Court.

Fleury could face up to 20 years in prison if convicted of involuntary manslaughter and up to 10 years if convicted of furnishing the weapon to a minor.

"We're very disappointed that he's been indicted," Kuzmeski said after the arraignment. "We're optimistic with our defenses. Of course, everybody is just feeling terrible about this accident. Mr. Fleury's sympathies go out to the family."

The boy, from Ashford, Conn., was killed Oct. 26 when he lost control of the 9mm micro submachine gun as it recoiled while he was firing at a pumpkin at the Machine Gun Shoot and Firearms Expo. Christopher's father was 10 feet behind him and reaching for his camera when the child fired the weapon.

Pelham has appointed an acting police chief while Fleury remains on sick leave until Jan. 6.

District Attorney William Bennett has said Fleury wrongly assured two men who brought the weapon to Westfield Sportsman's Club that it was legal for children to use under Massachusetts law.



Fla. judge strikes key charge against lawyer
Legal Business | 2008/12/23 09:04
In a ruling hailed as a victory by defense lawyers, a federal judge on Monday dismissed a money-laundering conspiracy charge against a prominent attorney accused of illegal dealings with a Colombian drug lord.

The issue was whether $5.2 million transferred from Colombia to the accounts of attorney Ben Kuehne were exempt from criminal prosecution because they were essentially legal fees. Kuehne's lawyers and defense attorneys' groups argued that the conspiracy charge against him violated the Sixth Amendment's guarantee that a person charged with a crime has a right to a lawyer.

U.S. District Judge Marcia Cooke agreed, rejecting the U.S. Justice Department's contention that the payments were not necessary for the defense of Colombian drug baron Fabio Ochoa, who was eventually convicted and sentenced to prison.

"Congress has explicitly exempted from the money-laundering statute transactions necessary to preserve a person's right to representation," Cooke said in a 13-page ruling. "If I were to construe the statutory exemption as the government suggests, the exemption for such transactions would amount to no exemption at all."

The National Association of Criminal Defense Lawyers, which filed briefs in the case, had argued that the conspiracy charge against Kuehne could deter lawyers around the country from representing numerous clients whose legal fees might stem from questionable sources.



McNamee preserves right to sue Clemens in New York
Biotech | 2008/12/23 09:03
Roger Clemens' former personal trainer filed paperwork preserving the right to sue the seven-time Cy Young Award winner in New York.

Brian McNamee, who told federal investigators that Clemens used performance-enhancing drugs, contends the pitcher defamed him after McNamee spoke to investigators for former Senate Majority Leader George Mitchell. The summons, filed in Queens Supreme Court last week, preserves McNamee's right to sue, Richard Emery, a lawyer for McNamee, said Tuesday.

Clemens filed his own defamation suit against McNamee in January after the trainer said in the Mitchell Report that he regularly injected Clemens with steroids and human growth hormone. Clemens later told a congressional committee under oath he had never taken steroids.

In the federal case in Texas, McNamee's attorneys say the trainer was forced to talk to investigators under threat of prosecution, rendering him immune from any defamation lawsuit. A federal prosecutor backed McNamee's claim, but a judge has yet to rule on his request to toss the case.



China urges US to prevent trade protectionism
World Business News | 2008/12/23 09:02
China and the U.S. should combat protectionism as the global economic crisis worsens, Beijing said Tuesday, in response to a trade case by Washington that accuses China of unfairly promoting goods for export.

In a case filed Friday, the U.S. said China was violating global trade rules administered by the World Trade Organization in the way it operates a "famous brands" program to promote the sale of Chinese goods overseas.

"There are some different opinions between the two countries on trade and these differences should be solved through equal consultations," Foreign Ministry spokesman Qin Gang said at a news briefing.

"Under the current circumstances with the deteriorating financial crisis, we should be alert to trade protectionism in any forms," said Qin.

The United States could be cleared to impose economic sanctions against China if negotiations between the two nations fail to resolve the dispute and if a WTO hearing panel rules in favor of the U.S.

A notice on China's Ministry of Commerce said Sunday that China has always obeyed WTO rules and opposes protectionism. China will follow the rules of the WTO in dealing with the case, it said.

China's export-dominated economy is feeling the brunt of a drop of demand in its Western markets, with thousands of factories closing in its once-booming southern provinces. Critics say China is not doing enough to stimulate domestic consumption and is still trying to support its exporters, which could bring it into friction with the U.S. and other trading partners.



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