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Capital Punishment at Crossroads in US
Breaking Legal News | 2007/10/22 09:40
Stop executions for a while and perhaps they can be stopped forever. That calculation has been part of the strategy of capital punishment opponents for decades. The Supreme Court-inspired slowdown in executions offers the first nationwide opportunity in 20-plus years to test whether the absence of regularly scheduled executions will lead some states to abandon the death penalty and change public attitudes about capital punishment.

Recent decisions by judges and elected officials have made clear that most executions will not proceed until the Supreme Court rules in a challenge by two death row inmates to the lethal injection procedures used by Kentucky. The inmates say Kentucky's method creates the risk of pain severe enough to be cruel and unusual punishment, banned by the Eighth Amendment.

Similar procedures are used by Texas, the far-and-away leader in lethal injections, and the 16 other states that have executed prisoners in the past two years.

It is clear the high court will not go so far as to outlaw the use of lethal injections. That issue is not even before the court in the Kentucky case.

Rather, the justices could decide whether Kentucky's procedures violate the Constitution and what standard the courts should use to evaluate the risk a prisoner will feel pain as he is put to death.

No matter how the court rules, it appears there will be few, if any, prisoners executed before the court rules, probably by late June.

"We're probably looking at delaying executions, not preventing them," said Ronald Tabak, a New York-based lawyer with the Skadden Arps firm who has represented death row inmates.

Tabak said states with the death penalty now have a chance to review capital punishment procedures. The American Bar Association has for the past 10 years called for such a freeze and review.

"The ABA's position is unless you have fair practices, executions should not resume," said Tabak, who has worked with the lawyers' organization on this issue.

But Douglas Berman, a sentencing expert at the Ohio State University law school, said the possibility exists for more dramatic action.

"The abolitionists will say if we have no executions for six months to a year, and the universe is not imploding and murder rates are not going through the roof ... it becomes easier to say, 'Why do we even need the death penalty, let's just get rid of it,'" Berman said.

"Texas and other high-execution states aren't going to get there anytime soon, but the argument against capital punishment gets even more force in those states squeamish about the death penalty in the first instance," Berman said.

Questions about the administration of lethal injections are only part of the equation.

Death-penalty opponents also have pointed to doubts about the competence of some court-appointed defense lawyers and the rise in the number of exonerations through DNA evidence of people already convicted of crimes.

Polling has shown that the public increasingly believes that life in prison without parole will keep the worst offenders off the streets. A recent Associated Presss-Ipsos poll that asked what method of punishment people prefer for murderers found only a slight preference for the death penalty over life in prison — 52 percent to 46 percent.

"There is a deeper societal appreciation for life without the possibility of parole. Ten to 15 years ago, no one thought they meant it," Berman said.

At the same time, there have been several studies, challenged by the anti-death penalty camp, that have shown a deterrent effect in the use of capital punishment. Also, public support for executions remains high. More than two-thirds of those polled favor the death penalty for murderers when the question does not include other possible punishments.

Then there is the example of the last time the country went without executions for an extended period. There were no executions from June 1967 to January 1977.

The Supreme Court in 1972 struck down 40 state death penalty laws, but did not ban capital punishment as cruel and unusual.

Some justices at the time thought their decision in Furman v. Georgia would bring an end to the death penalty.

By 1976, though, in the midst of a "law-and-order" backlash to the court's decisions in favor of the rights of criminal defendants, elected officials in 35 states had adopted laws to comply with the death penalty ruling.

A more conservative court upheld some of those laws, and a half-year later executions resumed.



Two plead guilty in homeless woman drowning
Court Watch | 2007/10/22 07:43

A Lebanon man who pushed a sleeping homeless woman into the Cumberland River last year pleaded guilty to second-degree murder this morning in a Nashville courtroom. In exchange for his guilty plea before Davidson County Criminal Court Judge Randall Wyatt, Timothy Webber will have to serve 17 years in prison day for day. 

Police said Webber and Josh Dotts were drunk and intent on picking on homeless people when they dared one another to push Tara Cole into the river.

Cole, a 32-year-old woman who was suffering from bi-polar disorder, was sleeping on a boat dock near Nashville’s Riverfront Park, when she was pushed into the water.

Dotts, who has maintained all along that he didn’t push Cole in the water, pleaded guilty to the lesser charge of facilitation of second-degree murder. He will have to serve eight years at 30%.

Dotts’ lawyer, Jack Lowery, said that his client, who has been in jail since the August 11, 2006 incident, would be eligible for parole in a few months.

Cole’s death sparked outrage in the homeless community and was the inspiration for nightly vigils and a documentary.



Oil Prices Slide on Profit-Taking
World Business News | 2007/10/22 05:51

Oil futures prices fell Monday amid concerns about economic growth and on profit-taking ahead of the November contract's expiration. News of a possible ceasefire between Turkey and Kurdish rebels in Iraq added to the selling.

The stock market's sharp downturn Friday has reignited concerns that the economy might be slowing, cutting demand for oil and petroleum products.

But traders are also selling to lock in profits from a rally in which oil futures jumped almost 14 percent in less than two weeks. The November crude contract, which expires Monday, is trading more than $1.20 higher than the December contract. November crude reached a record $90.07 a barrel on Friday morning before declining to settle lower.

"You get to $90, and people say 'Here's a nice chance to take some profit,'" said Kevin Saville, managing editor for the Americas energy desk at Platts, the energy research arm of the McGraw-Hill Cos.

Prices were already down sharply in morning trading when Iraq's president announced that Kurdish rebels will announce a cease-fire Monday night; the news added to crude's decline. Oil prices rose last week in part on concerns that Turkish forces would enter Iraq in search of Kurdish rebel bases. Crude traders worried the move would cut oil supplies from northern Iraq.

Earlier Monday, the Turkish military said eight of its soldiers were missing and 12 dead after an ambush by Kurdish rebels.

Light, sweet crude for November delivery fell $1.92 to $86.68 a barrel on the New York Mercantile Exchange. Before the Iraqi announcement, the contract was down about $1.60.

Other energy futures followed crude lower. November gasoline fell 4.90 cents to $2.1197 a gallon, and November heating oil fell 2.84 cents to $2.3022 a gallon.

November natural gas fell 20.9 cents to $6.832 per 1,000 cubic feet. Natural gas prices are under pressure from unseasonably warm temperatures in the north and Midwest and a forecast that this winter will be warmer than normal.

In London, December Brent crude dropped $1.27 to $82.52 a barrel on the ICE Futures exchange.

Analysts are beginning to debate whether last week's foray by crude futures above $90 a barrel marked the peak of the bull market. Analysts are similarly split over whether the underlying supply and demand fundamentals justify such high prices.

Predictions about the future of oil prices range from $60 to $120, depending on whether the analyst believes forecasts oil supplies will tighten amid growing demand in the fourth quarter. Many analysts think prices have risen sharply in recent weeks due to speculative investing. Indeed, data released on Friday shows speculative buying of oil contracts increased last week.

But other analysts argue that the fundamentals clearly support higher prices.

"The bashing of speculators in the oil market by uninformed and biased watchers of the energy prices and energy markets is the new sport for those that still are in denial about the real fundamentals facing the market," wrote Phil Flynn, an analyst at Alaron Trading Corp., in Chicago, in a research note.

The demand side of the oil fundamentals equation could be affected by an economic slowdown. Some investors worry Friday's sharp drop in the stock market reflects an overall cooling in the economy.

At the pump, meanwhile, gasoline prices continued their delayed reaction to the recent increase in oil prices. The national average price of a gallon of gas rose 0.2 cent overnight, to $2.819 a gallon, according to AAA and the Oil Price Information Service.

Gas prices have jumped 6.2 cents over the last week. Many analysts expect gas prices to move even higher to catch up with crude prices.



Store bookkeeper pleads not guilty
Breaking Legal News | 2007/10/22 05:45

Rebecca McGilp, the Yarmouth bookkeeper accused of embezzling more than $300,000 from a health food store, pleaded not guilty this morning at Cumberland County Superior Court. At the arraignment, McGilp’s lawyer, Peter Rodway, said he will review the facts over the next two months and decide whether his client should seek a plea bargain, or go to trial.

McGilp admitted in a statement to police in June that she stole from Royal River Natural Foods in Freeport, where she had worked as a bookkeeper since 2001. The crimes were discovered when the owner of the business Ruth P. Finch, tried to make a withdrawal from an overdrawn account. Finch examined the company’s financial records, and found dozens of checks made out to McGilp, who was normally paid about $150 a week.

McGilp stood beside Rodway on Monday and entered the plea of not guilty to Superior Court Justice William Brodrick. She declined comment after the arraignment. She could face up to 10 years in prison if convicted.



Hampton man pleads guilty to insurance fraud
Court Watch | 2007/10/22 02:45
A Hampton (New Hampshire) man has pleaded guilty to orchestrating an insurance scam in an attempt to get money to pay for an injured tooth.

Forty-7-year-old Scott Baldwin pleaded guilty to one count of felony insurance fraud. He was ordered to pay a $2,000 fine and given a suspended jail sentenced.

The attorney general's office says in May 2004 Baldwin made a claim to Wausau Insurance Companies that he had injured a tooth while eating soup purchased from a supermarket. The claim, for $1,927, included a letter and treatment plan from a dental office. The attorney general says in fact, those documents were for an old injury of that tooth and not caused by the soup.



NASA Sits on Air Safety Survey
International | 2007/10/21 09:33
Anxious to avoid upsetting air travelers, NASA is withholding results from an unprecedented national survey of pilots that found safety problems like near collisions and runway interference occur far more frequently than the government previously recognized.

NASA gathered the information under an $8.5 million safety project, through telephone interviews with roughly 24,000 commercial and general aviation pilots over nearly four years. Since ending the interviews at the beginning of 2005 and shutting down the project completely more than one year ago, the space agency has refused to divulge the results publicly.

Just last week, NASA ordered the contractor that conducted the survey to purge all related data from its computers.

The Associated Press learned about the NASA results from one person familiar with the survey who spoke on condition of anonymity because this person was not authorized to discuss them.

A senior NASA official, associate administrator Thomas S. Luedtke, said revealing the findings could damage the public's confidence in airlines and affect airline profits. Luedtke acknowledged that the survey results "present a comprehensive picture of certain aspects of the U.S. commercial aviation industry."

The AP sought to obtain the survey data over 14 months under the U.S. Freedom of Information Act.

"Release of the requested data, which are sensitive and safety-related, could materially affect the public confidence in, and the commercial welfare of, the air carriers and general aviation companies whose pilots participated in the survey," Luedtke wrote in a final denial letter to the AP. NASA also cited pilot confidentiality as a reason, although no airlines were identified in the survey, nor were the identities of pilots, all of whom were promised anonymity.

Among other results, the pilots reported at least twice as many bird strikes, near mid-air collisions and runway incursions as other government monitoring systems show, according to a person familiar with the results who was not authorized to discuss them publicly.

The survey also revealed higher-than-expected numbers of pilots who experienced "in-close approach changes" — potentially dangerous, last-minute instructions to alter landing plans.

Officials at the NASA Ames Research Center in California have said they want to publish their own report on the project by year's end.



AT&T Sues Vonage Over Patents
International | 2007/10/20 09:41



Internet phone company Vonage Holdings Corp. suffered another blow, disclosing that a third major telecom company had filed a patent infringement lawsuit against it.

AT&T Inc. filed suit Wednesday in federal court in Wisconsin claiming Vonage is violating a single patent that lets users access an Internet phone system using a standard phone device, Vonage said in a regulatory filing.

Vonage's stock, which was down 13 cents to $1.54 in 4 p.m. New York Stock Exchange composite trading, was down another 24 cents to $1.30 in after-hours trading. Vonage went public in May of last year at $17.

One of the early players offering Internet telephone service, Holmdel, N.J.-based Vonage, has been reeling in the past year as it has lost two high-profile patent lawsuits. All the major phone companies have patents they claim cover aspects of voice over Internet phone technology.

Verizon opened the floodgates with the first suit months ago. A federal jury ruled that Vonage had illegally used Verizon patents, which concerned routing Internet calls through traditional phone switches. Vonage was ordered to pay $66 million and pay a 5.5% royalty fee. An appeals court recently upheld an injunction barring Vonage from using two of the Verizon patents but sent a decision on a third patent back for further review.

Earlier this month Vonage agreed to settle a lawsuit by Sprint Nextel Corp. and pay the carrier $80 million in a licensing deal that covers past and future use of patents related to connecting Internet phone calls. The deal came a couple of weeks after a jury in Kansas had found against Vonage and awarded Sprint $69.5 million in damages.

AT&T said it has been trying to arrange a settlement with Vonage for the past two years but was unable to negotiate a "reasonable licensing arrangement" with the company, an AT&T spokesman said.

"We were forced to file a lawsuit," the spokesman said.

In a statement, Vonage said the company had hoped to keep negotiating. "It's our preference to settle disputes through negotiation rather than litigation," said Vonage chief legal officer Sharon O'Leary in a statement. "We will continue to work toward an amicable solution."

Vonage, which has been losing customers since the legal disputes became known, said in the statement that its primary focus was to improve the quality of service to customers and maximize value for shareholders.



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