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Judge: Pa. mass killer too unstable to be executed
Breaking Legal News | 2008/09/08 07:46
A Pennsylvania judge says mass murderer George Banks is too mentally ill to be executed.

Banks killed 13 people in a 1982 shooting rampage in northeastern Pennsylvania. Five of the victims were his own children.

Judge Michael Conahan agrees with defense attorneys that Banks is psychotic and unable to comprehend his death sentence or participate in his defense.

Conahan issued the ruling Monday, several weeks after a hearing on Banks' mental state.

The judge had decided once before that Banks couldn't be put to death. But the state Supreme Court ordered a fresh hearing after finding that Conahan improperly barred a prosecution psychiatrist from testifying.

Prosecutors concede Banks is mentally ill but maintain the execution should go forward.



Judge limits questioning of O.J. Simpson jury
Court Watch | 2008/09/08 07:46
The judge in O.J. Simpson's Las Vegas robbery-kidnap trial has rejected a bid by Simpson's lawyers to ask prospective jurors if they consider him a murderer.

Clark County District Court Judge Jackie Glass turned down the request Monday during a hearing on motions before prospective jurors were summoned for questioning.

The judge says questionnaires filled out by prospects asked whether they were familiar with Simpson's other trials, and she is not going to relitigate those cases.

Simpson and a co-defendant are accused of robbing two sports memorabilia dealers in a hotel last year.

Simpson was acquitted of the 1994 slayings of ex-wife Nicole Brown Simpson and her friend Ronald Goldman, but was found civilly liable for their deaths.



Wash. rampage suspect in court: 'I kill for God'
Court Watch | 2008/09/06 10:47
"I kill for God. I listen to God," a man accused of a northwest Washington shooting rampage said Friday at a hearing where six charges of first-degree murder and four of first-degree assault were filed against him.

Isaac Zamora made the chilling comment twice at the brief hearing in Skagit County District Court while investigators wrapped up their work at eight crime scenes. The 28-year-old is being held on $5 million bail in the wake of Tuesday's rampage, which left six people dead and four injured.

District Court Judge Warren Gilbert read each charge and the penalties, which carry a maximum sentence of life in prison. That doesn't mean the death penalty is off the table, according to the Skagit County prosecutor.

"Do you talk about it? Sure you talk about it," Prosecutor Rich Weyrich told the Skagit Valley Herald. "Where it goes, it's way too early to decide that."

Zamora was not required to enter a plea Friday. The charges filed in District Court allow Zamora to be held in custody for 30 days. He will later be formally charged in county Superior Court.



Comcast appeals FCC Web traffic-blocking decision
Business | 2008/09/05 09:26
Comcast Corp. is appealing an FCC ruling that the company is improperly blocking customers' Web traffic, triggering a legal battle that could determine the extent of the government's authority to regulate the Internet.

In a precedent-setting move, a divided Federal Communications Commission last month determined that the company is violating a federal policy that guarantees unfettered access to the Internet.

Comcast challenged the FCC decision Thursday in the U.S. District Court of Appeals in Washington.

Comcast executive vice president David L. Cohen said in a statement that the company is seeking "review and reversal" of the FCC order and that the commission's action was "legally inappropriate and its findings were not justified by the record."

The Comcast case arose from complaints by users of a type of "file-sharing" software often used to download large data files, usually video.

Tests by The Associated Press and others found that file-sharing transmissions were aborting prematurely. It was later discovered that the company was cutting off transfers without informing customers.



Documents held in Los Angeles priest abuse cases
Breaking Legal News | 2008/09/05 09:25
The departure of a key figure in a record $660 million clergy sexual abuse settlement has endangered part of the deal that some plaintiffs consider more important than the money: the promise by the Roman Catholic Archdiocese of Los Angeles to allow the release of accused priests' confidential files.

More than a year after the agreement was announced, the sudden recusal of a retired judge unanimously selected to review the priests' files has threatened to undo the fragile deal and could send both sides back to court for months. At the same time, an attorney who has been paid by the church to defend accused clergy is fighting to keep those records sealed — and plaintiffs accuse the archdiocese of using him as their proxy.

The developments have been gut-wrenching for alleged victims, who believe the church papers will contain evidence of criminal wrongdoing by church leaders. The Los Angeles settlement — by far the nation's largest — was supposed to close the book on the nationwide church abuse crisis that erupted in Boston in 2002.

"Many of us survivors went to litigation to produce the documents," said Esther Miller, one of more than 500 plaintiffs included in last year's agreement. "People want to move on and heal and they still have our feet to the fire. The money did nothing. It just pays for expensive therapy sessions."



Court jails wealthy Indian in hit-and-run case
Court Watch | 2008/09/05 06:23
The son of a wealthy Indian arms dealer was sentenced Friday to five years in prison after being found guilty of running over and killing six people, including three police officers, with his car more than nine years ago, his attorney said.

Sanjeev Nanda, 30, who pleaded innocent, was convicted on manslaughter charges in what is known as the BMW case.

The high-profile case has been seen as a test of whether India's judicial system, which has a long history of favoring the well-connected, is willing to hold the wealthy accountable.

Judge Vinod Kumar sentenced three other defendants to prison terms ranging from six months to one year on charges of destroying evidence.

"This is a harsh penalty," said Nanda's attorney, Prem Kumar, adding that he would appeal the verdict in New Delhi's High Court.

However, Ved Marwah, a former police commissioner and a prominent commentator on criminal affairs, said Nanda should consider himself lucky that he didn't get the maximum punishment of 10 years in prison.



Man shows up in Pa. court with loaded handgun
Criminal Law | 2008/09/05 03:24
A central Pennsylvania man faces additional charges after showing up for a hearing on summary charges of public drunkenness and disorderly conduct with a loaded handgun.

A police officer found the weapon when the 22-year-old man arrived for a hearing Tuesday at District Judge Jonathan Grine's office in State College.

The man was arraigned on new charges including possession of a firearm in a court facility and taken to Centre County jail in lieu of $10,000 cash bail.

Court documents indicate the man's earlier actions led court staff members to believe he was armed. Police say he called asking if there was a locked box to store his gun, later entered the office and ran out, returned and checked the court calendar, then took pictures of signs saying weapons are prohibited.



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