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Defense says O.J. middleman may testify Tuesday
Breaking Legal News | 2008/09/16 08:58
Lawyers for O.J. Simpson were expecting to take another crack at cross-examining an alleged robbery-kidnapping victim after his first time on the stand was cut short by illness.

On Tuesday, the court expected to call Bruce Fromong again and perhaps several other witnesses who could set the stage for the jury to hear from Thomas Riccio, the colorful collectibles broker who arranged a hotel room meeting between Simpson and memorabilia peddlers Fromong and Alfred Beardsley a year ago when the pair said they were robbed at gunpoint.

"Obviously the prosecution may change witness order a little bit, but I would expect Tom Riccio tomorrow or Wednesday," Simpson defense attorney Yale Galanter said.

Fromong, 54, became "lightheaded, dizzy and started to sweat," according to his lawyer, Louis Schneider, before Clark County District Court Judge Jackie Glass sent the jury out of the room and suspended his testimony.

Fromong has had four heart attacks in the past year, said Schneider, who described his client as "medically fragile." Paramedics examined Fromong in the courthouse hallway, but left without taking him to a hospital.

The break interrupted a pointed cross-examination by Simpson lawyer Gabriel Grasso, who bored in after Fromong said for the first time that he heard "somebody in the room saying, 'put the gun down.'"



Reputed Miss. Klansman may soon walk out of prison
Breaking Legal News | 2008/09/11 05:24
Attorneys said Wednesday they are working to free a reputed Ku Klux Klansman after a federal appeals court overturned the three life sentences he was serving for the 1964 abduction of two black teenagers who died after being beaten and thrown in the Mississippi River.

James Ford Seale, 73, had spent just over a year in prison after being convicted in June 2007 on kidnapping and conspiracy charges related to the abductions of Charles Eddie Moore and Henry Hezekiah Dee.

Authorities said the two 19-year-old friends were beaten by Klansmen and thrown, possibly still alive, into a muddy backwater of the Mississippi River amid rumors that black residents were planning an uprising.

A three-judge panel of the 5th U.S. Circuit Court of Appeals found late Tuesday that the statute of limitations for kidnapping had expired in the four decades between Seale's alleged crime and the federal charges.

Seale was charged after Moore's brother, who was working on a film about the killings, found him in south Mississippi in 2005. The case, which took a backseat to the high-profile search for three civil rights workers who also disappeared in Mississippi that summer, had been cold for years. Many thought Seale was dead.

Thomas Moore said Wednesday he believes the conviction was overturned on a technicality.

"He is not innocent. The community knows it. The world knows it," Moore said. "We are just in the third inning of a nine-inning ball game ... It's not over with."

Matt Steffey, a professor at the Mississippi College School of Law, said federal prosecutors could ask the full appeals court to review the ruling, but it's unlikely the unanimous decision would be overturned.



US appeals court OKs Facenda suit against NFL
Breaking Legal News | 2008/09/10 08:28
A U.S. appeals court says the son of legendary football announcer John Facenda can sue NFL Films over the use of his father's voice.

The suit stems from the brief use of his late father's voice in a show about a John Madden video game. Facenda's contract barred commercial use of his deep, solemn voice for product endorsements.

The NFL contends the show was an artistic endeavor. But the three-judge panel ruled Tuesday the show is clearly a commercial. The program aired on the NFL Network just before the game's release.

The suit by John "Jack" Facenda Jr. now appears headed to trial unless the NFL pursues further appeals.



LA County puts taco truck battle on front burner
Breaking Legal News | 2008/09/09 06:14
Southern California's taco truck war continued to sizzle as county officials asked a judge to reinstate a law he threw out last month that had forced truck operators to move every hour or face the threat of jail.

County officials say the trucks, many of which have become the equivalent of neighborhood restaurants, are a nuisance, parking at the same spot every day and bringing in noise and traffic. Operators respond that they meet the same health standards as restaurants and are being unfairly targeted because of organized political pressure from restaurateurs.

At stake is unfettered access to cheap, to-go Mexican food like carnitas, quesadillas and carne asada tacos that are cooked to order and served from literally thousands of elaborate restaurant-trucks that dot the business streets in unincorporated areas of Los Angeles County, particularly in largely Hispanic East Los Angeles, where trucks can be found on almost every block.

"All there is to say right now is that we have filed a motion for reconsideration, requesting that the court reconsider its previous ruling," said Deputy District Attorney Steven Gates. He declined to discuss the basis of Monday's appeal but said the county requested a hearing Sept. 19.



Court refuses to dismiss Pa. pathologist's charges
Breaking Legal News | 2008/09/08 08:47
A federal appeals court Friday refused to dismiss fraud and theft charges against celebrity pathologist Cyril Wecht and said he can be tried again — but ordered the judge replaced to help ease the "rancor in the courtroom."

The judge at Wecht's first trial did not follow proper procedure in declaring a mistrial after jurors said they couldn't unanimously agree on a verdict, but that wasn't enough to dismiss the 41 counts against him, the appeals court ruled.

Wecht, 77, has earned millions investigating deaths, including those of JonBenet Ramsey, Elvis Presley and Vince Foster.

He was accused of using his former Allegheny County coroner's staff to benefit his private business and trading unclaimed county morgue cadavers for office and lab space at a university where he taught. Wecht was also charged with mail fraud for allegedly overbilling his private clients for bogus travel expenses.

His first trial lasted seven weeks and jurors deliberated for more than 50 hours before telling U.S. District Judge Arthur Schwab on April 8 that they were "essentially deadlocked." Schwab then declared a mistrial.



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.



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."



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