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State to pay legal fees in video-game lawsuit
Law Center | 2006/12/19 08:45

Gov. Rod Blagojevich's administration told a federal judge Monday night that it will pay legal fees in a lost lawsuit over video-game restrictions by late January.

Lawyers for Blagojevich and Atty. Gen. Lisa Madigan said they had decided to pay the $520,000 fee from unspent money in the budgets of several agencies under the governor.

The document filed in federal court in Chicago indicated necessary paperwork would be to the state comptroller by Friday.

Video-game industry representatives sued Blagojevich and Madigan last year over a law the governor promoted that made it a crime for retailers to sell violent or sexually explicit video games to minors.



Violent crime still on rise, FBI data show
Law Center | 2006/12/18 11:19

Violent crime in the US increased during the first half of 2006 when compared with the same period in 2005, according to the FBI's Preliminary Semiannual Uniform Crime Report  released Monday. Violent crime, including murder, forcible rape, robbery, and aggravated assault, increased 3.7 percent since 2005 but property crimes, such as burglary, larceny-theft, and motor vehicle theft, decreased 2.6 percent. The number of arsons increased 6.8 percent.

The overall 3.7 percent uptick in violent crime between January and June comes amid a still-incomplete Justice Department study of 18 cities for clues on why criminal activity is increasing.

Property crimes like auto theft and other larcenies were down by 2.6 percent over the same six-month period, the data show. But the number of arsons shot up by nearly 7 percent, the FBI reported.

If the numbers stay at the current pace, the rate of violent crime will increase in 2006 for the second year in a row. The FBI's 2005 annual report on violent crime showed that violent crimes increased in 2005 for the first time since 2001; the 2.3 percent increase was the largest jump since 1991. The US Justice Department has launched an investigation to examine why the violent crime rate has increased.

“This is a concern we’ve been focused on,” said Gene Voegtlin, legislative counsel for the International Association of Chiefs of Police, which represents an estimated 20,000 law enforcement officials and has been pushing for more crime-fighting funding. “A lot of (police) agencies are really stretched thin when it comes to the budget and their ability to aggressively combat crime.”

The Justice Department did not have an immediate comment.



Automakers Fight Global Warming Lawsuit
Breaking Legal News | 2006/12/17 15:16

The six largest automakers asked a federal judge to toss out a lawsuit by California that accuses them of harming human health and the environment by producing vehicles that contribute to global warming. California Attorney General filed the suit in September against Chrysler, General Motors Corporation, Ford, Toyota, Honda and Nissan, alleging that vehicles manufactured by the companies "currently account for nearly 20 percent of the carbon dioxide emissions in the United States and more that 30 percent in California." The automakers say that disagreements they may have with the state should be settled through the regulatory process, not litigation.

"It's the classic kind of case that the Supreme Court has said doesn't belong in federal court," said Theodore Boutrous, who represents Chrysler Motors Corp., General Motors Corp., Ford Motor Co., Toyota Motor North America Inc., American Honda Motor Co. and Nissan North America Inc.

State Attorney General Bill Lockyer, who filed the suit in September, claims that automakers are violating public nuisance laws by producing high-emission vehicles and should pay damages for polluting. He says automakers could produce cleaner vehicles, but have chosen to fight instead.

"The thrust of what we're saying is the technology to produce vehicles that emit far less greenhouse gases exists," Lockyer spokeswoman Teresa Schilling said. "They fight any attempt to get them to cut back on their pollution."

The lawsuit contends the state is already dealing with the harmful effects of global warming caused by rising emissions of carbon dioxide and other heat-trapping gases. Vehicles are the state's largest single source of greenhouse gas emissions.

The complaint cites state reports that say rising temperatures will melt Sierra Nevada snowpack earlier each year, which will flood the Central Valley and threaten the state's water supply.

Automakers are also wrangling with California over a 2002 law requiring them to cut emissions. Under the law, the California Air Resources Board has adopted standards designed to cut carbon dioxide emissions from cars and light trucks by 25 percent and from sport utility vehicles by 18 percent starting in 2009.



17 Guantanamo detainees sent home
Legal Business | 2006/12/17 15:16

The U.S. military repatriated 18 detainees from Guantanamo Bay over the weekend to Afghanistan, Yemen, Kazakhstan, Libya and Bangladesh, a Pentagon spokesman said Sunday.

The men, flown out of the U.S. naval base in southeastern Cuba on Friday, were all transferred to the custody of governments in their native countries except for one Yemeni detainee, who was released without conditions, said Navy Lt. Cmdr. Chito Peppler.

The detainees, held for years at the isolated detention center without being charged, were cleared for departure by a military review process that assesses whether detainees have intelligence value or pose a threat to the United States. The military does not provide details about individual cases.

Since the prison opened in January 2002, about 380 detainees have been released from Guantanamo. About 395 prisoners are still held on suspicion of links to al-Qaida or the Taliban, including roughly 85 others cleared to leave for other countries, Peppler said.



Justice Department Suing Rader Center, Oklahoma.
Breaking Legal News | 2006/12/16 10:52

The Justice Department today filed a lawsuit challenging the conditions of confinement at the L.E. Rader Center, a juvenile facility in Sand Springs, Oklahoma.

The complaint alleges that conditions at the facility, which houses 215 boys up to 19 years old, routinely and systemically deprive youths of federally protected civil rights in violation of the Violent Crime Control and Law Enforcement Act of 1994 and the Civil Rights of Institutionalized Persons Act of 1980 (CRIPA). These statutes allow the federal government to identify and root out systemic abuses such as those allegedly discovered in Oklahoma.

This lawsuit, filed in U.S. District Court for the Northern District of Oklahoma follows an investigation of two and a half years, the findings of which were detailed in a letter sent to Oklahoma Governor Brad Henry in June 2005. That findings letter documented evidence of numerous alleged civil rights violations, including youth-on-youth violence, staff-on-youth violence, youth-on-staff violence, sexual misconduct between youths and staff, sexual misconduct among youths, an inadequate system to prevent suicide and self-injurious behavior, and inadequate psychotropic medication administration. The Civil Rights Division has successfully resolved investigations of other juvenile justice facilities in Arizona, Arkansas, California, Georgia, Hawaii, Louisiana, Maryland, Michigan, Nevada, New Jersey, Puerto Rico, and Saipan. Investigations concerning juvenile justice facilities in California, Indiana, Maryland, New Jersey, Ohio, and Texas are pending.

In addition to juvenile facilities, CRIPA protects all institutionalized persons. Since 2001, the Department of Justice has opened 67 similar investigations into the conditions at nursing homes, mental health facilities and residences for persons with developmental disabilities, as well as similar institutions. These figures represent a significant increase over the 47 such investigations initiated over the preceding six years.



Former officer gets 19 years for robbing drug dealers
Court Watch | 2006/12/16 10:47

A former reserve officer with the Memphis Police Department, Andrew Hunt, was sentenced today to 19 years in prison and 3 years of supervised release for his part in plotting and taking part in robbery and kidnapping while on duty, the Justice Department announced.

In addition, Hunt will pay $300 in special assessments for his involvement in a conspiracy to deprive citizens of their civil rights, for extortion affecting interstate commerce, and for using a firearm in the commission of a crime of violence or a drug trafficking crime. Hunt pleaded guilty in Sept. 2006.

“It is profoundly sad when one individual abuses a position of power and public trust,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Civil Rights Division is committed to prosecuting all cases of official misconduct and to bringing these individuals to justice.”

As part of his guilty plea, the defendant acknowledged that a co-conspirator arranged to purchase a kilogram of cocaine from an individual known as "J.J." Officer Hunt, while in uniform, on duty, and using a marked squad car, made a traffic stop of “J.J.” prior to the transaction and robbed him of $1,000 in cash, a $15,000 watch, and a cellular telephone. Hunt told “J.J.” he would return the kilogram of cocaine if J.J. produced $15,000 in cash. The next day, “J.J.” produced $9,500, but Hunt took the money and kept the cocaine.

The defendant further acknowledged that on Sept. 12, 2005, a co-conspirator arranged the purchase of four kilograms of cocaine from Pedro Moreno and Victor Saucedo. While in uniform, armed, and driving a marked squad car, Hunt and his co-conspirators robbed the men of the cocaine and kidnapped them. When the men could not produce the ransom demanded by Hunt, he arrested them for possession of 189.5 grams of cocaine and split the remainder of the four kilograms of cocaine with his co-conspirators.

In related matters, former Memphis police officers Arthur Sease, Antoine Owens, and Alexander Johnson were charged in September in a 50-count indictment charging conspiracy to violate civil rights, conspiracy to distribute controlled substances, violation of civil rights, extortion, possession of controlled substances with intent to distribute, and use of a firearm in the commission of a crime of violence or a drug trafficking crime.

The Civil Rights Division is committed to the vigorous enforcement of every federal criminal civil rights statute, such as those laws that prohibit the willful use of excessive force or other acts of misconduct by law enforcement officials.  In fiscal year 2006, nearly 50 percent of the cases brought by the Criminal Section of the Civil Rights Division involved such prosecutions. Since fiscal year 2001, the Division has convicted 50 percent more defendants for excessive force and official misconduct than in the preceding six years. 

Assistant United States Attorney Steve Parker of the Western District of Tennessee and Trial Attorney Jonathan Skrmetti from the Civil Rights Division are prosecuting the case.



Florida governor suspends all executions
Law Center | 2006/12/16 10:43

Florida Governor Jeb Bush suspended all executions in the state Friday after a medical examiner said that the execution of Angel Diaz earlier this week was botched. Diaz endured a 34-minute-long execution and medical examiner Dr. William Hamilton said Friday that preliminary autopsy results showed that a second injection was required in the execution because needles were improperly inserted into the flesh of Diaz's arm during the first injection. Hamilton did not specify whether he believed Diaz suffered a painful death. Bush appointed a commission to study Florida's lethal injections procedures and the governor halted the signing of death warrants until the commission submits its report.

After the botched execution Wednesday, death penalty critics filed an emergency petition with the Florida Supreme Court seeking to once again halt the death penalty in the state. Petitioners, including numerous people currently on Florida's death row roster, asked the court to exercise its All Writs jurisdiction and declare that the state's lethal injections procedures violate the Eighth Amendment of the US Constitution.



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