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Polanski stuck in jail; must pay full $4.5M
Breaking Legal News | 2009/11/30 03:20

Roman Polanski remained in jail Monday, despite visits from his lawyer and a French diplomat, and it was unclear if the director had met Switzerland's demand of a full bail payment of $4.5 million to be released.

The Swiss Justice Ministry declined to say what guarantees Polanski needed to give to be transferred from the jail near Zurich to house arrest at his chalet in the luxury resort of Gstaad.

In addition to bail, the 76-year-old filmmaker must surrender his identity papers and be fitted with an electronic monitoring bracelet. He would not be allowed to leave his property as he awaits a decision on whether he will be extradited to the U.S. for having sex in 1977 with a 13-year-old girl.

"The bail must be wired to a bank account, and the bank must then notify us that it has received the bail," ministry spokesman Folco Galli said. "Nothing happens before that."

The full bail payment is standard practice in Switzerland, Galli said.

That is different from other countries such as the United States, where bail bondsmen often post a percentage of the total payment required by a court.

Polanski has been in Swiss custody since being arrested Sept. 26 on a U.S. warrant as he arrived in Zurich to receive a lifetime achievement award at a film festival. Authorities in Los Angeles want him returned to be sentenced after 31 years as a fugitive.



Federal court allows Dec. 8 execution in Ohio
Breaking Legal News | 2009/11/25 08:56

A federal court has ruled that an execution set for Dec. 8 can go forward due to a change in Ohio's lethal injection policies.

The 6th U.S. Circuit Court of Appeals in Cincinnati said Wednesday that the change renders moot Kenneth Biros' argument that the state's former policy using a three-drug vein injection is unconstitutional.

A U.S. District Court judge had temporarily delayed Biros' execution after the governor halted the lethal injection of another inmate in September because prison staff could not find suitable veins.

The state last week announced that it was changing its protocol, effective Nov. 30, to use a one-drug vein injection with a backup two-drug muscle injection.

A message seeking comment was left for Biros' attorney Wednesday morning.



Gay marriage momentum stalls in liberal NY, NJ
Breaking Legal News | 2009/11/25 04:56

The state-to-state march to legalize gay marriage across the left-leaning Northeast has lost more momentum since a major setback three weeks ago at the ballot box in Maine.

Since then, legislatures in New York and New Jersey have failed to schedule long-expected votes on bills to recognize the unions in those states.

"If they are unable to pass gay marriage in New York and New Jersey, combined with the loss in Maine, it will confirm that gay marriage is not the inevitable wave of the future," said Maggie Gallagher, president of the National Organization for Marriage, which mobilizes social conservatives to fight against same-sex unions.

Gay rights activists insist that's not the case and say hope is still alive.

"In any civil rights struggle there are going to be periods of creeping and periods of leaping," said Evan Wolfson, executive director of Freedom to Marry.

This decade has had some of both across the country. The most significant was the leap the issue made from abstraction to reality in 2003 when the Massachusetts Supreme Court ruled that gay couples had the right to get married.



Court: NY can seize property for new NJ Nets arena
Breaking Legal News | 2009/11/24 08:49

New York's top court ruled Tuesday that the state can use eminent domain to force homeowners and businesses to sell their properties for a massive development in Brooklyn that includes a new arena for the New Jersey Nets.

In a 6-1 ruling Tuesday, the Court of Appeals said the Empire State Development Corp.'s finding that the area was blighted was enough to justify taking the land.

A group of tenants and owners claim the seizure is unconstitutional. They argue that developer Bruce Ratner's proposed $4.9 billion, 22-acre Atlantic Yards project mainly enriches private interests, while the state constitution requires public use for taking land.

"The constitution accords government broad power to take and clear substandard and insanitary areas for redevelopment," Chief Judge Jonathan Lippman wrote for the majority. "In so doing, it commensurately deprives the judiciary of grounds to interfere with the exercise."

Ratner's proposed development includes office towers, apartments and a new arena for the NBA's Nets. A key element in his plan is selling majority team ownership to Russian entrepreneur Mikhail Prokhorov.



Ky. court upholds $6M verdict in strip search case
Breaking Legal News | 2009/11/23 07:02

A Kentucky appeals court upheld a $6.1 million award to a former fast food worker who was forced to strip in a McDonald's restaurant office after someone called posing as a police officer.

The appellate court on Friday ruled that Illinois-based McDonald's Corp., knew about a series of hoax calls to restaurants around the country, but didn't warn employees before Louise Ogborn was strip searched and sexually assaulted as the result of such a call in 2004.

The appeals court ruled that to reverse the verdict would cut against the weight of the evidence.

Ogborn was 18 at the time of the call to the store about 20 miles south of Louisville. A Kentucky man, Walter Nix Jr., the fiance of a McDonald's assistant manager, served a prison sentence for sexually abusing Ogborn during the call. A Florida man, David Stewart, was acquitted of making the hoax call. Police have said similar calls stopped after Stewart's arrest.

McDonald's spokeswoman Danya Proud said the company doesn't dispute what happened to Ogborn, but is disappointed with the decision of the appeals court.

"However, it has been our position throughout these proceedings that she was the victim of a malicious hoax perpetrated by individuals not representing McDonald's," Proud said.



Lethal injection creator fine with 1 drug in Ohio
Breaking Legal News | 2009/11/23 02:59

The man considered the father of lethal injection in the United States said it doesn't matter whether three fatal drugs are used or one — as his home state of Ohio has proposed — as long as the drug works efficiently.

Dr. Jay Chapman, who developed the lethal three-drug cocktail in the 1970s when he was the Oklahoma state medical examiner, said Ohio's decision to become the first state in the nation to use only one drug achieves that goal.

He said there was no particular reason he didn't propose a single drug, other than a concern that it might take a little longer to work. His three-drug method became widespread after states copied Oklahoma.

Now Chapman, semiretired in California at age 70, said he believes the system he helped create shows condemned inmates too much mercy.

"Their death is made much too easy by this sort of protocol for the crimes that they committed," he told The Associated Press last week.

But he said the hope was injection would avoid the pain-and-suffering arguments and allow executions to take place.

Under Ohio's new system, executioners would use a single large dose of thiopental sodium, an anesthetic, to put inmates to death, similar to the way veterinarians euthanize animals.



Senate girds for historic debate on health bill
Breaking Legal News | 2009/11/19 09:21

Congressional budget crunchers Thursday said the Democrats' latest health care plan would hold down federal red ink for at least a 20-year stretch, an assessment that boosted the bill's advocates as the Senate moved gingerly toward a historic debate.

The nonpartisan Congressional Budget Office said that Majority Leader Harry Reid's 10-year, $848-billion bill would produce a net reduction of $130 billion in federal deficits in its first decade. Perhaps more significantly, the legislation would continue to give back over the next 10 years and beyond, the budget umpires said, because "added revenues and costs savings would probably be greater" than the cost of covering uninsured Americans.

The budget office put a big asterisk on its forecast, using words like "imprecision" and "uncertainty" to describe the long-range projection. It noted that, overall, health care spending remains on an unsustainable path.

However, the bill would not make matters any worse, and maybe even a little better.

With President Barack Obama pledging to tamp down ruinous health care costs, Democrats took the new CBO estimates to the bank, while skipping over the caveats. Preparing for a noontime rally with supporters, Reid, D-Nev., said the legislation would "save lives, save money and save Medicare."

The CBO said Reid's bill would extend coverage to 94 percent of eligible Americans, after subsidies to make premiums more affordable start flowing in 2014. That's one year later than in the House Democratic bill — and well into the next presidential term. Postponing the subsidies by one year allowed Reid to offer somewhat more generous assistance to defray the cost of insurance premiums.



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