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NY Man Found Guilty of Murdering Family
Criminal Law | 2007/12/05 02:48
One of two men accused of killing a family of five over drugs and setting their house on fire was found guilty Tuesday.

Prosecutors accused Mark Serrano, 30, and Charles Gilleo Jr., 32, of killing Tina and Manuel "Tony" Morey and their three young sons in the early hours of Jan. 19, setting the family's house on fire and stealing cocaine from Tony Morey. Prosecutors said Serrano and Gilleo had previously bought drugs from Manuel Morey.

A Dutchess County jury deliberated for five hours before returning its guilty verdict against Serrano on all charges except first degree arson. Serrano was found guilty of 20 counts of first-degree murder, 11 counts of second-degree murder, six counts of robbery, one count of third-degree arson, two counts of conspiracy and one count of perjury.

Gilleo has pleaded not guilty to the same 42 charges Serrano faced and is set to be tried early next year.

According to an autopsy, Manuel Morey died of a gunshot wound to the neck. Tina Morey, 30, died of gunshot wounds to the chest and head. Manuel "Tony Jr." Morey, 13, and Adam, 10, died of multiple stab wounds. Ryan, 6, died from blunt-force trauma to the head.



Member of Defunct Church Guilty of Rapes
Criminal Law | 2007/12/05 01:49
The first of seven members of a now-defunct church accused of raping children as part of a devil-worshipping ritual was found guilty of molesting his 2-year-old daughter and a boy.

A state district court jury in Amite on Monday convicted Austin "Trey" Bernard III in the rape of his daughter as well as the rape of a 12-year-old boy, prosecutor Scott Perrilloux said.

Bernard, 39, denied the charges, but three earlier confessions and a journal that seemed to detail the practices of the group were too much to overcome, said Al Bensabat, the public defender who represented him.

"Once the jury read that it was all over," Bensabat said Tuesday.

Bernard, who faces a mandatory life prison term without parole when he is sentenced on Jan. 12, was being held in jail on Tuesday.

No trial date has been set for the remaining six defendants. Perrilloux said he anticipates bringing the former minister of Hosanna Church, Louis Lamonica, to trial in early 2008. Lamonica has pleaded not guilty.

The allegations have rocked the small town of Ponchatoula, about 40 miles northwest of New Orleans.

The activities at the church became known when Lamonica walked into the Livingston Parish Sheriff's Department and asked to speak with a detective in 2005, Chief of Detectives Stan Carpenter said.

For almost two hours, Lamonica, 49, told investigators how he and other church members had molested children, and taught them to have sex with each other, as well as with a dog, authorities said.

Lamonica told the detectives that he drank cat blood and poured it on the bodies of his young victims.



Court: Prison Program Unconstitutional
Law Center | 2007/12/04 09:12
A federal appeals court ruled Monday that the state of Iowa cannot fund an evangelical Christian prison ministry program because doing so advances or endorses religion, violating the Constitutional separation of church and state. The 8th U.S. Circuit Court of Appeals upheld U.S. District Judge Robert Pratt's June 2006 ruling that a Prison Fellowship Ministries Inc. program at the Newton Correctional Facility was unconstitutional if paid for with taxpayer dollars and should be shut down.

Barry Lynn, executive director of the Washington-based advocacy group Americans United For Separation of Church and State, which brought the lawsuit, said the ruling would have major implications for the Bush administration's policies of allowing faith-based groups to offer services to government institutions.

"This is an enormously significant case on the whole question of how government can, or in this case, cannot aid religious ministries," Lynn said.

"I think this has implications far broader than a prison in a single state because the basic framework of this decision, the way they reached the conclusion is that government can't pay for these religious social services nor can they turn over functions of government essentially to religious operations," he said.

Prison Fellowship Ministries, which contracts with InnerChange Freedom Initiatives Inc. and other organizations to conduct faith-based programs, must repay about $160,000 to the state for money received between June 2006 and June 2007, said Mark Early, the group's president.

He said the ruling would clarify how faith-based programs could work with government agencies.

"We're pleased because in this opinion there are some clarifying guidelines to help us and other faith-based organizations working in government settings, such as prisons, to be able to fashion a program and make sure they do comply with current understanding of constitutional law in this area."

Prison Fellowship operates nine programs in six states: Iowa, Arkansas, Kansas, Minnesota, Missouri and Texas. All are now privately funded through donations from individuals and foundations, he said.

The 24-hour a day, seven-day a week program at Newton immerses inmates in evangelical Christianity. Inmates who complete the 18-month program also get help after they're released from prison.

Fred Scaletta, a spokesman for the Iowa Department of Corrections, said corrections officials were reviewing the ruling with the attorney general's office to determine how the state would proceed with the operation of the program.

Bob Brammer, a spokesman for the Iowa attorney general's office, said attorneys were reviewing the ruling and considering whether to appeal.

An appeal could include asking the three-member 8th Circuit panel for clarification on issues or could seek consideration by the full 8th Circuit Court. The ruling also could be appealed to the U.S. Supreme Court.



Supreme Court Rules for Railroads in GA Case
Court Watch | 2007/12/04 09:10
The Supreme Court ruled unanimously Tuesday that railroads may challenge state methods for determining the value of their property, a decision that could lower some railroad tax bills. The court sided with CSX Transportation Inc. in a case from Georgia in which the railroad argued that the state improperly instituted a new way of calculating its property tax that resulted in a nearly 50 percent increase in its tax bill from one year to the next.

The court reversed a ruling from the 11th U.S. Circuit Court of Appeals that prohibited the railroad, a subsidiary of CSX Corp., from challenging the method the state used to determine the value of the railroad's property.

A federal law bars states from discriminating against railroads by taxing their property more heavily than other commercial property. Chief Justice John Roberts said the law allows a railroad to go to court to try to show that the state's way of calculating market value is unfair.



U.S. High Court To Hear La. Race Case
Legal Business | 2007/12/04 06:14

The U.S. Supreme Court on Tuesday will hear the case of a Louisiana death-row inmate who contends race played a role in his murder conviction and sentence. Allen Snyder is challenging the elimination of black potential jurors -- and a remark made by the prosecution in closing arguments comparing his case to that of O.J. Simpson's murder case.

Snyder was convicted of first-degree murder in August 1996 by an all-white jury in Jefferson Parish. The jury also recommended the death sentence. He was found guilty of slashing his estranged wife and a man when he found them in a car outside her mother's home in August 1995.

Lawyers for Snyder said the state illegally struck all five qualified black members from the jury pool using preemptory challenges, or challenges for which a reason does not have to be given.

Under a 1986 U.S. Supreme Court ruling, attorneys are not allowed to exclude people from a jury solely because of their race.

A split Louisiana Supreme Court rejected Snyder's challenge, with the majority saying that race had no part in the state's decisions involving potential jurors.



NJ top court upholds killer's death sentence
Breaking Legal News | 2007/12/04 06:12
A unanimous state Supreme Court on Tuesday upheld the death sentence for Ambrose Harris, ruling that the special circumstances that removed another killer from death row did not apply to Harris. The 7-0 decision rejected the latest appeal by Harris, finding that the inmate could not muster a majority of sitting justices who had sided with him on prior appeals. The ruling, however, may have little practical effect for Harris and the seven other inmates on the state's death row at New Jersey State Prison in Trenton, since New Jersey may be on the verge of scrapping the death penalty.

Harris was represented by the state public defender's office, which had no immediate comment.

The attorney general's office had no immediate comment.

Harris, 55, had been sentenced to death in 1996 for murdering Kristin Huggins, 22, of Lower Makefield, Pa., whom he kidnapped and raped in 1992.

The Harris ruling is based on a July 2006 decision in which the state Supreme Court overturned the death sentence for Anthony DiFrisco, a hit man who said he was paid $2,500 to shoot a Maplewood pizzeria owner in 1986.

DiFrisco's successful appeal centered on complex procedural issues involving the type and timing of reviews afforded in capital cases. The ruling determined that DiFrisco's death sentence must be overturned because a majority of justices had voted _ at various times and for various reasons _ to sentence him to life in prison.

The court did not find the same circumstances existed for Harris. It noted that to find four justices who had voted to overturn his death penalty, Harris essentially counted one justice twice.

While in prison in September 1999, Harris killed a fellow death row inmate, kicking and stomping 48-year-old Robert "Mudman" Simon to death. A jury in 2001 found that Harris acted in self-defense and found him innocent of murder and manslaughter charges.

On Monday, New Jersey moved closer to becoming the first state to abolish the death penalty since the U.S. Supreme Court reinstated it in 1976 when a Senate committee approved replacing capital punishment with life in prison without parole. The full Senate is to consider the bill before the legislative session ends on Jan. 8, and the bill should get a vote by the full Assembly this month. Gov. Jon S. Corzine, a death penalty foe, supports the bill.

New Jersey reinstated the death penalty in 1982, but hasn't executed anyone since 1963.


Pledge, Motto Cases to Be Heard by Court
Breaking Legal News | 2007/12/04 06:08
An atheist seeking to remove the words "under God" from the Pledge of Allegiance and U.S. currency is taking his arguments back to a federal appeals court.

Michael Newdow, a Sacramento doctor and lawyer, sued the Elk Grove Unified School District in 2000 for forcing public school children to recite the pledge, saying it was unconstitutional.

The 9th U.S. Circuit Court of Appeals ruled in Newdow's favor in 2002, but two years later, the U.S. Supreme Court ruled that Newdow lacked standing to sue because he didn't have custody of the daughter on whose behalf he brought the case. He immediately filed a second lawsuit on behalf of three unidentified parents and their children.

In 2005, a federal judge in Sacramento found in favor of Newdow, ruling the pledge was unconstitutional because its reference to "one nation under God" violates children's rights to be "free from a coercive requirement to affirm God." The judge said he was following the precedent set by the 9th Circuit Court's ruling in Newdow's first case.

A three-judge panel from that court was to hear arguments in the case on Tuesday. The same panel also was to hear arguments in Newdow's case against the national motto, "In God We Trust."

In 2005, Newdow sued Congress and several federal officials, arguing that making money with the motto on it violated the First Amendment clause requiring the separation of church and state.

Last year, a federal judge in Sacramento disagreed, saying the words did not violate Newdow's atheism. Newdow appealed.

Congress first authorized a reference to God on a two-cent piece in 1864. In 1955, the year after lawmakers added the words "under God" to the Pledge of Allegiance, Congress passed a law requiring all U.S. currency to carry the motto "In God We Trust."



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