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In Veterans Court, former service members fight new battle
Breaking Legal News |
2018/08/24 20:18
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Sheriff's deputies steered three handcuffed men into Veterans Court one day this summer. The backs of their red jumpsuits read "Allegheny County Jail." One prisoner had doe eyes and long hair, resembling pictures of Christ.
He wore shackles around his ankles.
When he stood before Judge John Zottola, his eyes cast down, the judge cocked his head with a "What are we going to do with you?" expression on his face.
A probation officer said the young man, an Iraq War combat veteran, had absconded -- a word that in court means fled -- while under house arrest. The judge ordered a transfer to a Bath, N.Y., treatment center for veterans who suffer post-traumatic stress and addiction.
Seeing a veteran shackled in his own country is particularly unsettling when you realize jail may be where he is most safe. But most veterans in this court are not incarcerated. They have an out, as long as they check in with the probation officer, keep their records and urine clean and show up for court. The process of getting through three phases of good behavior takes a year.
Allegheny County Veterans Treatment Court is an acknowledgement that veterans deserve special consideration when they land in the criminal justice system. They are diverted into a side stream of the larger channel. If they have post-traumatic stress or traumatic brain injury on top of their violations, their treatment team can work to untangle these issues.
Judge Zottola, who meets before court with the parties of each day's hearing, describes it as "a problem solving court, with positive rewards and regular sanctions."
His courtroom hums with collaborative spirit. Before he calls the room to order, people mill about, sharing information. The hearings, too, are more casual than typical court proceedings.
"We are a team and we take a team approach to assist you," Judge Zottola says as he opens his sessions. "Please take advantage of that help.
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Zimbabwe court to rule Friday on opposition's vote challenge
Criminal Law |
2018/08/24 20:15
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Zimbabwe's Constitutional Court said it will rule on Friday after hearing the main opposition party's challenge to the results of last month's presidential election, the first without longtime leader Robert Mugabe on the ballot.
Police barricaded streets in the capital, Harare, on Wednesday amid high tensions over the case which will decide if the victory of President Emmerson Mnangagwa, a former Mugabe enforcer, is valid. The opposition claims "gross mathematical errors" and seeks a fresh election or a declaration that its candidate, 40-year-old Nelson Chamisa, won.
The Zimbabwe Electoral Commission declared Mnangagwa narrowly won with 50.8 percent of the vote, avoiding a runoff. It said Chamisa received 44.3 percent.
Many hoped the peaceful vote on July 30 would launch a new era for Zimbabwe after Mugabe stepped down in November under military pressure, but two days later six people were killed when troops swept into the capital to disperse opposition protesters.
Western election observers and diplomats condemned the "excessive" use of force. European Union election observers were in court on Wednesday; the 75-year-old Mnangagwa badly needs a credible electoral process as a key step in removing international sanctions.
The opposition claims the electoral commission bumped up Mnangagwa's figures through double counts and the creation of "ghost" polling stations. It also alleges that some polling stations recorded more voters than those registered. |
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Trump lashes out at his former lawyer after guilty plea
Practice Focuses |
2018/08/23 20:18
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Facing a growing threat to his presidency, President Donald Trump lashed at his former personal lawyer Michael Cohen, a day after the onetime "fixer" implicated Trump in a campaign cover-up to buy the silence of women who said they had sexual relationships with him.
Trump on Wednesday accused Cohen of making up "stories in order to get a 'deal'" from federal prosecutors. Cohen pleaded guilty to campaign finance violations that the lawyer said he carried out in coordination with Trump.
"If anyone is looking for a good lawyer, I would strongly suggest that you don't retain the services of Michael Cohen!" Trump tweeted Wednesday.
Cohen's lawyer, Lanny Davis, said Wednesday that Cohen has information "that would be of interest" to the special counsel. Davis said Cohen is not looking for a presidential pardon.
"My observation is that the topics relating to hacking and the crime of hacking ... that there are subjects that Michael Cohen could address that would be of interest to the special counsel," Davis said in a series of television interviews.
Trump soon weighed in on Twitter, taking his shot at Cohen and praising Manafort, saying he has "such respect for a brave man!"
Manafort, Trump wrote, had "tremendous pressure on him and, unlike Michael Cohen, he refused to 'break.'"
But there was no doubt that Cohen's acknowledgement of a coordinated payoff scheme puts Trump's presidency on the defensive.
"It's going to be hard for the president to try to discredit all this. It's circling him," said David Weinstein, a former federal prosecutor who is not involved in the case.
Cohen and Manafort played prominent roles in Trump's political rise in 2016.
Cohen said once he'd take a bullet for Trump, and was intimately familiar with Trump's personal, business and political dealing for more than a decade. Cohen released a secretly recorded audio of Trump discussing a payout made via a third party to model Karen McDougal who says she had a sexual relationship with Trump in 2006. |
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Sen. Collins, potential swing vote, meets with Kavanaugh
Breaking Legal News |
2018/08/22 01:06
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Supreme Court nominee Brett Kavanaugh met Tuesday with Republican Sen. Susan Collins of Maine, a centrist who's seen as a potential swing vote on his confirmation, while Democrats push him to release more documents from his years in the George W. Bush White House.
Collins supports abortion rights and has vowed to oppose any nominee who has "demonstrated hostility" to Roe v. Wade. But she has spoken highly of President Donald Trump's nominee, saying he's qualified for the job.
The meeting Tuesday comes as Kavanaugh, an appellate court judge, is making the rounds on Capitol Hill ahead of confirmation hearings in September. One key meeting will be with Senate Minority Leader Chuck Schumer, D-N.Y., who says he'll ask Kavanaugh to fully support releasing documents from the Bush White House that Republicans have declined to review.
Schumer said he will ask Kavanaugh, as he has Republicans, "What are they hiding?" He expects the judge to be able to fully explain his record. "I hope he comes prepared to answer direct questions," he said.
Democrats complain that Republicans, who have a slim 51-49 majority in the Senate, are withholding documents in their rush to confirm Trump's pick for the court ahead of the midterm elections.
Kavanagh, 53, is a conservative who, in replacing retired Justice Anthony Kennedy, could tip the court rightward for a generation.
Several Democratic women senators joined with advocates for women's health care Tuesday to talk about the stakes of adding Kavanaugh to the court, particularly when it comes to access to abortion services. |
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German court rules in broadcaster Nazi camp spat with Poland
Court Watch |
2018/08/21 01:06
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A German court has ruled that public broadcaster ZDF can’t be forced to post a specifically worded apology demanded by a Polish court for erroneously calling two World War II Nazi camps “Polish death camps.”
ZDF used that wording in reference to the Majdanek and Auschwitz death camps in advertising a 2013 documentary. After the Polish Embassy in Berlin objected, it changed the text to “German death camps on Polish territory.”
A Polish citizen who was a former inmate of Auschwitz and the Flossenbuerg concentration camp then launched a legal battle with ZDF, which twice apologized to him for the initial error and later published an apology.
In 2016, the plaintiff secured a ruling from a court in Krakow, Poland, ordering ZDF to post on its website for one month an apology stating that the original wording was “an incorrect formulation that distorts the history of the Polish people.” The broadcaster did publish the text from Dec. 2016 to Jan. 2017, but the plaintiff considered its compliance unsatisfactory and sought to have the Polish ruling legally enforced.
Lower German courts ruled that the verdict can be enforced in Germany. But the Federal Court of Justice said that it disagreed because the required formulation would violate the broadcaster’s right to freedom of opinion.
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Man admits slaying wife, blames her for daughters' deaths
Human Rights |
2018/08/20 01:07
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The father of two young girls found submerged in oil tanks after being missing for days told authorities his pregnant wife killed the children after learning he wanted a separation, and that he erupted in rage after witnessing the killings and strangled their mother inside the family's suburban Denver home, according to court documents.
Days after letting police inside his home so they could help find his missing family, Christopher Watts told investigators "he would tell the truth."
Watts first asked to speak with his father then admitted to killing his wife, Shanann. Watts told police in court papers released Monday that he killed her after witnessing her strangling one of the girls on a baby monitor. The other child had already been killed by the woman, he said.
Watts, 33, faces three first-degree murder charges, two counts of murdering a child under 12, one count of unlawful termination of a pregnancy and three counts of tampering with a deceased human body. He is scheduled to appear in court on Tuesday and is being held without bail.
District Attorney Michael Rourke declined to answer questions about the case Monday but said his office has three prosecutors working on it. Rourke also said it was too early to discuss whether he will seek the death penalty.
Police first visited the family's house on Aug. 13, after a friend asked officers to check on Shanann Watts. She had missed a doctor's appointment and wasn't answering calls or text messages hours after returning home after a business trip, the friend reported. |
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Alabama Supreme Court won't move lawsuit against Moore
Business |
2018/08/18 17:51
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The Alabama Supreme Court on Friday refused to transfer a defamation lawsuit against former U.S. Senate candidate Roy Moore by a woman who says Moore molested her decades ago.
The court denied Moore's request to have the case heard in Etowah County instead of Montgomery. Moore issued a statement calling the decision "ridiculous."
Leigh Corfman accused Moore of sexually molesting her decades ago when she was 14 and he was a prosecutor in his 30s. Moore has denied the allegations, but they became an issue in the 2017 race in Alabama to replace Attorney General Jeff Sessions in the U.S. Senate. Moore lost to Democrat Doug Jones.
Corfman in January filed a lawsuit against Moore and his campaign, saying they defamed her and made false statements, calling her a liar and immoral as they denied the claims in the midst of the election.
Moore sought to have the case heard in Etowah County where he and Corfman both live.
"The Court itself admits venue is proper in either county. Should not the case be tried in the county where we both live and where her reputation and character are well known?" Moore said.
Etowah County has also been friendlier territory for Moore. During the U.S. Senate race, Moore won about 60 percent of the vote in Etowah County, while he garnered just 27 percent of in Montgomery.
Several Supreme Court justices recused from the case involving Moore, who is a former chief justice of the court. Five retired judges were randomly selected to hear the case along with Associate Justice Brady Mendheim, Jr., and Associate Justice Will Sellers.
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