The Malawi Human Rights Commission is seeking permission from Malawi's High Court to be a party to the assessment of Madonna's parental fitness in her attempt to adopt David Banda, a Malawi toddler, given up for adoption by his still living father. Says Justin Dzonzi, attorney and chairman of the coalition known as the Human Rights Consultative Committee, told journalists after a 1 1/2-hour closed hearing Monday, "Basically what we are asking the court is that we want to be joined as a party to the assessment because we have a lot of legal issues we want to raise." Dzonzi's committee has petitioned the court to make sure no Malawian laws were broken and to allow the committee to help assess Madonna's maternal fitness.

Though the coalition and child advocacy group claims that it is not their intention to stop the adoption, only to ensure that Malawi law is respected and upheld, it has been noted by Donzi that Malawi's current adoption laws are archaic and irregular, routinely allowing foreigners to adopt. "Over 1,000 Malawian children are being adopted illegally every year and yet the laws says international adoption are not permissible," said Dzonzi. "There is no system to monitor how these adopted children are being treated, wherever they are."

Madonna's Malawian lawyer Alan Chinula told journalists as far as Madonna was concerned, all Malawian adoption laws were followed. "If the laws are archaic it's not the Ritchie's fault," Chinula said. Madonna has said she met all the country's requirements. Chinula said apart from complying with Malawian laws, the Ritchie's were complying with adoption laws in Britain.

A High Court judge granted Madonna and her British filmmaker husband, Guy Ritchie, interim custody of David on Oct. 12, pending a decision on permanent adoption after an 18-to-24 months assessment period. Though Malawi regulations stipulate that the assessment period be spent in Malawi, Madonna was allowed to take the boy to her London home.

"We want to use the Madonna case to make sure that the rights of children in Malawi are effectively protected," said Dzonzi.

Said Penstone Kilembe, director of child welfare development, "We will work with child welfare officers in the county where the Ritchies are staying,"

David Banda's father, has said the human rights group's lawsuit threatens his son's future, but child advocacy groups have said the lack of clarity in Malawi when it comes to foreign adoptions could be exploited by child traffickers or pedophiles. Banda placed his son in the orphanage a month after his 28 year old wife died from complications during child birth. Yohane Banda expressed his concern, "As David's father I consented. I see no reason why I should change my mind now," said the 32-year-old farmer. He appealed to the advocacy group to "to back off and leave my son alone."

The singer discovered David at the orphanage after visiting to promote Raising Malawi - a charity she set up to assist orphans in the southern African country where largely due to AIDS, an estimated 2 million children have lost one or both parents and hundreds are adopted by foreigners every year.

Malawi's Department of Gender and Child Welfare Development said a team of Malawian child welfare officers would fly to London to make the first assessment in May 2007 and one more assessment will be done by December 2007 before a report is filed on the suitability of the Ritchies as adoptive parents. The couple has two other children, Lourdes, 10, and Rocco, six.

Malawi's High Court said Monday it will rule in one week's time whether a coalition of Malawian human rights and child advocacy groups should help decide whether pop star Madonna is fit to adopt a motherless Malawian toddler.

Justice Andrew Nyirenda adjourned the case after hearing arguments from the 67-member coalition that includes the state-run Malawi Human Rights Commission. His ruling was likely to have far-reaching consequences.

The judge said he would rule Nov. 20 on whether to admit the coalition as a party in the adoption proceedings.

Breaking Legal News.com
Sheryl Jones
Staff Writer

After a delay of nearly two months, former Enron CFO Andrew Fastow is going to prison in the federal correctional system. The purpose of the delay was to allow him to give a deposition in the securities fraud class action against the company's banks. Fastow testified for eight and a half days in Houston, before being dispatched on the BOP bus to Oakdale, taking daily trips with U.S. Marshals to a facility where seventy lawyers listened to him, along with live internet broadcasting.

Fastow is currently being held in the Federal Detention Center in Oakdale, Louisiana. U.S. District Judge Hoyt recommended during sentencing that the Bureau of Prisons place Fastow at the minimum security facility at Bastrop, Texas, near Austin. However, judges have no control over what the BOP decides on assignments. The Oakdale complex includes a minimum security facility (the Oakdale FCI), where former WorldCom CEO Bernie Ebbers is serving a 25-year sentence. Fastow is currently in the FDC which also includes a prison camp.

A New York Times story estimates that at $450 per hour, all those lawyers billed about $2.1 million. That figure does not include the costs of support personnel and firm associates in addition to the costs of daily transcripts and duplication. If the securities fraud case goes to trial, then Fastow may have to take a few more trips to Houston to testify - again.

Breaking Legal News.com
Sheryl Jones
Staff Writer

The US Supreme Court on Monday upheld California's "catch-all" jury instruction for death penalty cases, ruling that the instructions provide adequate opportunity for jurors to weigh evidence that favors the defendant. In a 5-4 decision in Ayers v. Belamontes, the Court reinstated Belamontes' conviction for first degree murder in the killing of a 19 year old woman during a burglary. Belamontes had appealed his death penalty sentence, arguing that the jury instructions did not require the jury to consider all mitigating factors, including his probable future conduct in prison. The US Court of Appeals for the Ninth Circuit vacated the sentence and California prosecutors appealed to have his sentence reinstated.

Democrats in the US Congress will introduce legislation this week to maintain the post of the Special Inspector General for Iraq Reconstructon , according to the New York Times Sunday. The post is currently set to expire on October 1, 2007 under the terms of Republican-initiated HR 5122.

Originally intended to independently supervise and investigate operations of the US-led Coalition Provisional Authority, SIGIR has succesfully uncovered several instances of fraud, bribery, as well as other legal violations by US government officials and government contractors in Iraq.

In November of 2003 under the Emergency Supplemental Appropriations Act fo Defense and for the Reconstruction of Iraq and Afghanistan, the Office of SIGIR was established as the Inspector General of the Coalition Provisional Authority. An October 2004 amendment caused it to be redesignated "Special Inspector General for Iraq Reconstruction." The 2004 amendment included a termination clause for the office, to occur ten months after 80% of the Iraq Relief and Reconstruction Fund had been contractually obligated. The termination date was reset as October 2007. Democrats criticized the SIGIR's inclusion in the National Defense Authorization Act as an attempt by Republicans to quietly dismantle the post.

It is expected that the legislation to be introduced by congressional Democrats will be the first of many inquiries into US dealings in Iraq.

Breaking Legal News.com
Robin Sheen
Staff Writer

Army 1st Lt. Ehren Watada challenged the Bush administration's reasons for going to war in Iraq and then refused to deploy to the country. The Army said Thursday that Watada will face a military trial.

Fort Lewis commander Lt. Gen. James Dubik recommended that the Army proceed with a general court-martial against 1st Lt. Ehren Watada, 28. He was charged with missing troop movement, conduct unbecoming an officer and contempt toward officials for comments he made about President Bush.

Watada, an officer, from Honolulu, has said he believes the war is illegal. He was first charged after he refused to deploy to Iraq on June 22 with his Fort Lewis Stryker unit, the 3rd Brigade, 2nd Infantry Division.

The Army added another specification of conduct unbecoming an officer based on his comments in Seattle during the national convention of Veterans for Peace in August.

Dubik referred only the charges of missing movement and conduct unbecoming an officer, the Army said.

Prosecutors showed video footage of Watada at the veterans' convention, calling on other soldiers to stop participating in U.S. involvement in Iraq, at an Article 32 hearing Aug. 17.

Watada could serve six years' confinement and be dismissed from the service if convicted of all charges. No trial date has been set.

Breaking Legal News.com
Neal Andrea
Staff Writer

Millions of bottles of the pain reliever acetaminophen are being recalled because they may contain metal fragments.

The recall affects 11 million bottles containing varying quantities of 500-milligram acetaminophen caplets made by the Perrigo Co. The pills were sold under store brands by Wal-Mart, CVS, Safeway and more than 120 other major retailers, the Food and Drug Administration said, some as long ago as three years. At least two chains - CVS Corp. and SuperValu Inc. started pulling the pills from store shelves Thursday.

According to the FDA, the pills included metal fragments (though the type of metal has yet to be determined),ranging in size from microdots to portions of wire one-third of an inch long.

The discovery was made during quality-control checks done after the company Perrigo, discovered its equipment was wearing down prematurely, the FDA said. Agency officials declined to say whether the metal found in the pills caused the damage or resulted from it.

According to the FDA, a company investigation turned up metal in about 200 of the 70 million pills it passed through a metal detector.

Consumers who take any of the contaminated pills could have minor stomach discomfort or possible cuts to the mouth and throat, the FDA said, adding that the risk of serious injury was remote, and as of yet there has been no immediate reports of ilness.

Acetaminophen is best known as the drug in products sold under the Tylenol brand, but it is available in typically less expensive generic versions. Acetaminophen along with aspirin and ibuprofen, is one of the most popular pain relievers available over the counter.

The recall does not affect Tylenol. Nor should the recall cause a shortage of acetaminophen, the FDA said.

Perrigo says it is the world's largest manufacturer of store-brand nonprescription drugs. The retail market for the pain relievers is worth more than $2 billion a year.

Kevin Vincent, 44, of Arlington, Va., said "If it's not something that has any chance of recurring, then I really wouldn't worry."

The 129 retailers that could potentially be affected by the recall include Wal-Mart Stores Inc. CVS, Safeway Stores and SuperValu as they sell the Perrigo-made pills under their own or other private labels.

CVS will stop selling its own brand of 500-milligram acetaminophen caplets and pull bottles from store shelves nationwide. SuperValu also began removing the pills from its Albertsons, Cub Foods and other stores, according to their spokespersons.

Molly Walsh, 21, a George Washington University student shopping at a CVS pharmacy in Washington, said she did not plan to toss any of the store-brand drugs at home, "It's still going to be cheaper and I'm still going to be broke after the recall."

The FDA did not know in which states the pills had been sold, but recommended that customers determine whether products they bought are being recalled by checking the store list on the FDA Web site, and the batch list. The batch numbers appear on the container's label.

It has not been determined where Perrigo made the pills. Its main factories are in the United States and Israel, with secondary plants in the United Kingdom, Mexico, Germany and China.

According to FDA records, Perrigo has carried out at least 32 other product recalls since 1993, as recently as May when it recalled nearly 59,000 bottles of a 500-milligram combination pain-reliever and sleep aid that contains acetaminophen because of contamination with acrylic mirror particles.