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Italy frees man convicted of 2007 murder of Meredith Kercher
Breaking Legal News | 2021/11/28 14:52
The only person convicted in the 2007 murder of British student Meredith Kercher was freed Tuesday after serving most of his 16-year prison sentence, his lawyer said.

Attorney Fabrizio Ballarini said Rudy Guede’s planned Jan. 4 release had been moved up a few weeks by a judge and he was freed on Tuesday. He will continue to work in the library at the Viterbo-based Center for Criminology Studies, Ballarini said in an email.

Guede had already been granted permission to leave prison during the day to work at the center while he served his sentence for the 2007 murder of 21-year-old Kercher.

The case in the university city of Perugia gained international notoriety after Kercher’s American roommate, Amanda Knox, and Knox’s then-boyfriend were placed under suspicion. Both were initially convicted, but Italy’s highest court threw out the convictions in 2015 after a series of flip-flop decisions.

Guede was originally convicted in a fast-track trial procedure. He has denied killing Kercher.


Washington seeks over $38 billion from opioid distributors
Breaking Legal News | 2021/11/16 11:08
After rejecting a half-billion-dollar settlement, Washington Attorney General Bob Ferguson on Monday took the state’s case against the nation’s three biggest drug distributors to trial, saying they must be held accountable for their role in the nation’s opioid epidemic.

The Democrat delivered part of the opening statement in King County Superior Court himself, calling the case possibly the most significant public health lawsuit his agency had ever filed.

“These companies knew what would happen if they failed to meet their duties,” Ferguson told Judge Michael Ramsey Scott. “We know they were aware of the harms flowing from their conduct because in private correspondence, company executives mocked individuals suffering the painful effects of opioid dependence. ... They displayed a callous disregard for the communities and people who bear the impact of their greed.”

But Ferguson’s legal strategy isn’t without risk, as a loss by three California counties in a similar case this month — and an Oklahoma Supreme Court decision overturning a $465 million judgment against drug manufacturer Johnson & Johnson — demonstrates.

Orange County Superior Court Judge Peter Wilson issued a tentative ruling Nov. 1 that the counties, plus the city of Oakland, had not proven the pharmaceutical companies used deceptive marketing to increase unnecessary opioid prescriptions and create a public nuisance. The Oklahoma ruling said a lower court wrongly interpreted the state’s public nuisance law.

In an email, Ferguson stressed that the relevant Washington laws differ and called the cases “apples and oranges.”

Public nuisance claims are at the heart of some 3,000 lawsuits brought by state and local governments against drug makers, distribution companies and pharmacies. Washington’s is the first by a state against drug distribution companies to go to trial. Ferguson is claiming public nuisance and violations of state consumer protection law.


Trials delayed for mother, son in Mississippi fraud cases
Breaking Legal News | 2021/11/13 13:23
Judges have delayed the state and federal trials of a mother and son charged in one of Mississippi’s largest public corruption cases.

State Auditor Shad White has said Nancy New and Zachary New were responsible for misspending millions of dollars of welfare money that was intended for needy people in one of the poorest states in the U.S.

Their trials were scheduled to begin this week — Monday in Hinds County Circuit Court and Wednesday in federal court. Attorneys have made clear that both trials were unlikely to happen during the same week because of the complexity of the cases.

In late October, judges issued orders setting new trial dates of Jan. 3 in federal court and Feb. 7 in Hinds County Circuit Court.

State court records show Nancy New and Zachary New are both charged with conspiracy, embezzlement, fraud and making false statements to defraud the government, for alleged crimes from September 2018. They were indicted in early 2020.

Federal court records show the mother and son both face several charges, including wire fraud; conspiracy to commit wire fraud; aggravated identity theft; money laundering; and money laundering conspiracy.


Palestinians reject offer to delay their Jerusalem eviction
Breaking Legal News | 2021/11/04 15:05
Palestinian families on Tuesday rejected an offer that would have delayed their eviction by Jewish settlers in a tense Jerusalem neighborhood, where protests and clashes helped ignite the 11-day Gaza war in May.

The four families in the Sheikh Jarrah neighborhood near the Old City said their decision springs from “our belief in the justice of our cause and our right to our homes and our homeland.” They said that rather than submit to an “unjust agreement” they would rely on the “Palestinian street” to raise international awareness of their plight.

The proposal floated by Israel’s Supreme Court last month would have made them “protected tenants,” blocking any eviction and demolition order for at least the next 15 years, according to Ir Amim, an Israeli rights group that closely follows developments in the city.

The families would have been able to continue arguing their case in Israeli courts. But it would have forced them to at least temporarily attest to the settlers’ ownership of the properties, which could weaken the families’ case going forward, and pay rent to the settlers.

The four families are among dozens in Jerusalem who are threatened with eviction by Jewish settler organizations in several cases that have been working their way through the Israeli court system for decades.

The settlers are making use of an Israeli law that allows them to claim properties that were owned by Jews prior to the 1948 war surrounding Israel’s creation. Palestinians who lost homes, properties and lands in the same conflict do not have the right to recover them.

There was no immediate comment from the settlers, but Jerusalem Deputy Mayor Arieh King, a staunch supporter, said they had accepted the offer.


Video: Officer shoots Illinois inmate after struggle for gun
Breaking Legal News | 2021/11/01 10:50
Illinois State Police have released video footage showing a tense scene involving an inmate’s attack on a correctional officer at a courthouse and another officer firing his weapon at the inmate and injuring him.

Authorities said 55-year-old Fredrick Goss was at the Jefferson County Courthouse earlier this month for a trial. He was uncuffed while being transported in a wheelchair to trial where he was to be unrestrained.

Footage of the incident, released Friday on an Illinois State Police Facebook page, appeared to show Goss grabbing an officer’s gun and struggling with him before a deputy stepped in and shot Goss, who was hospitalized.

Police did not release further details about his injuries.

The correctional officer had minor injuries while the deputy wasn’t hurt, according to state police.

“To protect the life of the correctional officer and himself, the deputy confronted the armed inmate and was forced to fire his weapon,” police said in a news release. “The inmate was injured by the gunfire. Immediate assistance was requested.”

Goss was facing trial for an armed robbery and exchanging gunfire with police.

A message left Sunday for Matt Vaughn, a public defender in Jefferson County who has represented Goss, wasn’t immediately returned.

Online court records show the case is scheduled for a Nov. 30 status hearing.


Cambodia amends charter to bar dual citizens from top office
Breaking Legal News | 2021/10/26 16:30
Lawmakers in Cambodia on Monday approved an amendment to the constitution barring Cambodians with dual citizenship from holding high government office, a move initiated by Prime Minister Hun Sen and directed at prominent opposition politicians.

The government says the measure is meant to show officials’ loyalty to their homeland and avoid foreign interference. Several opposition leaders hold dual citizenship, while none of the top members of Hun Sen’s party is known to hold dual nationality.

The move is the latest volley in a long struggle for power between Hun Sen, who has led the country for 36 years, and his political rivals from the Cambodia National Rescue Party, which had been the sole credible opposition force until it was disbanded by the Supreme Court.

Unsupported assertions by Sam Rainsy, the self-exiled founder of the opposition party, that Hun Sen sought to purchase citizenship from the European nation of Cyprus triggered the prime minister’s anger. Cypriot nationality has been available through large investments in the island nation.

Sam Rainsy has feuded bitterly with Hun Sen for years. He holds French citizenship and has been living near Paris to avoid imprisonment in Cambodia on charges he says are politically motivated.

“This law would be custom-tailored to target me, as Hun Sen made it clear that as a reprisal against me, he wants to definitely block me from the premiership,” Sam Rainsy said on his Facebook page earlier this month.

Most top leaders of the opposition party fled Cambodia in late 2017, when Hun Sen launched a sweeping crackdown on critics and the high court disbanded the party and removed its lawmakers from Parliament. It is widely believed the court acted to ensure victory for Hun Sen’s party in the 2018 general election, which it ended up sweeping.


Judge agrees to delay in sentencing for Gaetz friend
Breaking Legal News | 2021/10/18 15:30
A federal judge on Monday agreed to push back until next year the sentencing for U.S. Rep. Matt Gaetz’s friend who pleaded guilty earlier this year to sex trafficking and other charges.

U.S. District Judge Gregory Presnell said sentencing for Joel Greenberg could be postponed from next month to next March during a hearing in federal court in Orlando. Greenberg’s attorney had asked for the delay so the former local tax collector can continue cooperating with federal authorities. Prosecutors agreed to the postponement.

Greenberg wasn’t present during the 20-minute hearing. The judge said he would set a new sentencing date in the future.

Greenberg is facing up to 12 years in prison after pleading guilty last May to six federal crimes, including sex trafficking of a child, identity theft, stalking, wire fraud, and conspiracy to bribe a public official.

Greenberg’s plea agreement with prosecutors requires continued cooperation with an ongoing probe into sex trafficking.

Gaetz, a Republican who represents much of the Florida Panhandle, was not mentioned in Greenberg’s plea agreement. But Greenberg’s cooperation could play a role in an ongoing investigation into Gaetz, who was accused of paying a 17-year-old girl for sex. Gaetz has denied the allegations and previously said they were part of an extortion plot.


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