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U.S. rights stance faces big test in Guantanamo case
Breaking Legal News | 2007/12/03 04:17
The tarnished U.S. human rights image faces a major test this week as the Supreme Court considers whether terrorism suspects held for years without charges at Guantanamo Bay are wrongly detained.

The court's nine justices on Wednesday are to hear the appeal of Guantanamo prisoners who say a 2006 law unconstitutionally denies them a meaningful way to challenge in court their detention at the U.S. Naval Base on Cuba.

The case is being watched by governments and human rights activists around the world, who say President George W. Bush has overreached his powers and trampled on rights in the war on terrorism he launched after the September 11, 2001, attacks.

"The rule-of-law, humanitarian and human rights principles at stake in this case are the very principles which the coalition of liberal democracies together seek to uphold and defend in the 'war on terror,'" British and European parliament members said in one of the many outside briefs urging the Supreme Court to rule in favor of the detainees.

The Bush administration told the court the Guantanamo prisoners receive fair treatment and a chance to make their case before a military tribunal, with a limited appeals court review. But it said the Constitution's "habeas corpus" rights for prisoners to seek a court review of their detention do not apply to foreigners held outside the country.

"The detainees now enjoy greater procedural protections and statutory rights to challenge their wartime detentions than any other captured enemy combatants in the history of war. Yet they claim an entitlement to more," the Justice Department said in its brief on the case.



Guilty Plea in Navy Bid Rigging Case
Breaking Legal News | 2007/12/01 09:20
A metal sling manufacturing company has pleaded guilty to conspiracy to rig bids on U.S. Navy contracts, the federal officials said.

Authorities said Certified Slings Inc. rigged bids for manufacturing metal sling hoist assemblies, which are used to transport items such as bombs and other munitions.

The central Florida-based company also agreed to pay a $150,000 fine, according to a statement from the U.S. Department of Justice on Thursday. The plea was made in the U.S. District Court in Islip, N.Y.

Certified Slings was part of a conspiracy to rig bids from December 2002 to October 2003, where "conspirators discussed and agreed among themselves which of them would win contracts from the U.S. Navy," the statement said.

A telephone message and e-mail left for the company by The Associated Press were not immediately returned Thursday night.

Four others have also been charged as a result of the investigation.

Pennsylvania executives Thomas Cunningham and Richard Barko pleaded guilty to rigging bids on U.S. Navy contracts in February and are currently awaiting sentencing.

In July, the former sales director of a New York-based company, Robert Fischetti, pleaded guilty to two counts of participating in separate conspiracies to rig bids on military equipment. Roger Jacobi, the president of another New York-based company was charged with conspiring to rig bids on DOD contracts in September.



Archdiocese in Boston Finds New Representation
Breaking Legal News | 2007/11/30 08:49
Cardinal Sean P. O'Malley, in a step long sought by critics of the Roman Catholic Archdiocese of Boston, said yesterday that he is hiring a new general counsel who will largely replace the controversial law firm that for years defended the archdiocese against scores of people who said they were sexually abused by priests.
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F. Beirne Lovely Jr., a partner at Goodwin Procter, will effectively replace the Rogers Law Firm, which has represented the archdiocese in most legal matters for at least two decades. The Rogers Law Firm, led by lawyer Wilson D. Rogers Jr., has been viewed with suspicion and hostility by many victim advocates and would-be church reformers - in part because of Rogers's close relationship with Cardinal Bernard F. Law, who resigned five years ago at the height of the clergy sexual-abuse crisis, and because Rogers was viewed as an architect of the archdiocese's yearslong adversarial handling of complaints and lawsuits brought by people who said they were sexually abused by priests.

"Wilson Rogers was the iron fist inside Bernard Law's velvet glove, the operative who for many years obstructed and outmaneuvered victims' attempts to hold the archdiocese accountable for sheltering pedophiles," said Anne Barrett Doyle, codirector of BishopAccountability.org, a victim advocacy organization. "God only knows how many children were harmed because of Rogers's success in silencing victims and his ruthless dedication to keeping the archdiocese out of civil courts."

The archdiocese, which has a vast array of legal issues ranging from personnel and real estate matters to more publicly sensitive cases involving parish closings and sexual abuse, said only that it had decided the time had come for an in-house counsel who would oversee all of the archdiocese's legal concerns and hire outside lawyers as needed.

"We believe that an in-house counsel having a broad-based legal background will best serve the archdiocese," James P. McDonough, archdiocesan chancellor, said in a statement.

Terrence C. Donilon, archdiocesan spokesman, said the Rogers Law Firm would continue to do some work for the archdiocese and represent Caritas Christi, the archdiocesan hospital network. He said the archdiocese would still retain Thomas H. Hannigan, a longtime and trusted O'Malley adviser from the law firm Ropes & Gray, to handle abuse-related litigation.

Donilon said Lovely would report to the archdiocesan vicar general and would be "a member of senior leadership" at the chancery.

Rogers declined to comment yesterday, but his firm offered the Globe a statement congratulating Lovely and saying, "The extent and magnitude of legal issues affecting the archdiocese on a daily basis warrants an in-house full-time general counsel. The Rogers Law Firm looks forward to working with Mr. Lovely and to continue providing legal services to the Archdiocese of Boston."

Lovely also declined to comment, except via a statement from the archdiocese in which he said he was "honored" by the new position. The archdiocese would not say how much Lovely would be paid, but said it would report his salary next year, with the archdiocese's annual financial disclosure forms, if he is among the archdiocese's top five salaried employees.

The archdiocese reported paying The Rogers Law Firm $610,000 in fiscal 2006 and $448,054 in fiscal 2005. Caritas Christi reported paying the firm $6.9 million over the past eight years.

Lovely is a decorated Vietnam veteran who graduated from Dartmouth College and Boston University Law School. He has been at Goodwin Procter since 1976 and is a member of its business law department. He is chairman of the Milton School Committee and a parishioner at St. Elizabeth Church in Milton.


Schwebel, Goetz & Sieben Push On in Bridge Case
Breaking Legal News | 2007/11/30 08:46
An attempt by lawyers for victims of the Interstate 35W bridge collapse to pull back the blanket of secrecy over the investigation into its cause was blocked Thursday by federal law and a Hennepin County judge.

The law firm Schwebel, Goetz & Sieben, which represents several collapse victims and their families, sought information about the collapse from Wiss, Janney, Elstner Associates Inc., a Chicago-area engineering firm hired by the state to look into the reasons the bridge suddenly gave way during rush hour Aug. 1, killing 13 and injuring about 100.

But citing National Transportation Safety Board restrictions, Hennepin County District Judge Herbert Lefler ruled that the information does not have to be released without the approval of federal investigators.

"(Wiss Janney), which has contracted with the State of Minnesota, is an agent of the state and considered by the NTSB to be a participant in the investigation of the bridge collapse," Lefler wrote. "As such, all data collected by (Wiss Janney) for the investigation is non-public. ... Plaintiff has no right to the data it requests at this time."

So far, the NTSB has only offered clues into the course of its investigation, outlining several broad areas it is studying. They include the design of large steel plates that held pieces of the bridge together, the weight of construction materials and equipment on the bridge at the time of collapse and the effects of an automated anti-icing system installed on the bridge in 1999.

The NTSB has declared the Minnesota Department of Transportation a party to its investigation, which might not be completed for another year. Federal rules prohibit the release of information unless approved by the NTSB's investigator-in-charge.

The state argued that Wiss Janney is also subject to those rules, but Schwebel, Goetz & Sieben sought a ruling that information developed by the firm should be released under Minnesota's Data Practices Act.

"We're going to appeal this. It's outrageous that MnDOT should be allowed to hide under the shield of secrecy of the NTSB," lawyer Jim Schwebel said. "What are they afraid of disclosing?"

Victims' lawyers have been frustrated by a lack of access to pieces of the collapsed bridge and are concerned that any independent investigation will be compromised without prompt access to the materials.


O.J. Simpson back in court to enter plea
Breaking Legal News | 2007/11/29 08:12
O.J. Simpson arrived this morning at a Las Vegas courtroom, where he and two codefendants are expected to plead not guilty to 12 charges stemming from the alleged robbery of two men who traffic in sports memorabilia.

Accompanied by his lawyers, Simpson flashed a smile at television cameras as he entered the building to deal with his latest confrontation with the legal system. Wearing a suit in an elegant shade of gray, he seemed at ease, sitting on a railing and smiling as he talked to people in the courtroom.

Simpson, the former football star, actor and pitchman, is perhaps best known for being acquitted in 1995 for the murders of his wife, Nicole Brown Simpson, and her friend Ronald Goldman.

In the current case, Simpson, 60, who now lives in Miami, is charged with kidnapping, armed robbery, assault with a deadly weapon, burglary, coercion and conspiracy charges in connection with a Sept. 13 confrontation with the sports dealers. If convicted, Simpson could face life in prison on the kidnapping charge and mandatory prison time on the robbery charge.

Simpson has maintained that he entered the hotel room to recover personal property that had been stolen by a former agent. The prosecution alleges that Simpson and his colleagues took tens of thousands of dollars of sports collectibles not tied to the star.

The arraignment of Simpson with Clarence Stewart, 53, and Charles Ehrlich, 53, is a pro forma step after a justice of the peace ruled two weeks ago that there was enough evidence for them to be tried.

Clark County District Court Judge Jackie Glass is expected to set a trial date for next year.


Suspect pleads not guilty to shooting into truck
Breaking Legal News | 2007/11/29 05:16
A man accused of shooting at his ex-girlfriend's truck in Livermore pleaded not guilty Wednesday.

Neal Kuopus also passed on his right to a preliminary hearing, thereby sending the case closer to a trial date.

Kuopus appeared briefly in Alameda County Superior Court and let his attorney, deputy public defender Norma Rivera, speak for him.

Rivera asked him several questions to confirm that he understood he had a right to a preliminary hearing, where a judge must decide that a crime happened and that the defendant probably was involved.

The decision to skip the hearing was somewhat of a surprise, because according to court documents, Rivera and deputy district attorney Michael Roemer previously came to an agreement that Kuopus would plead guilty to one of the charges in exchange for a prison sentence of as many as three years, as well as five years of probation.

Rivera declined to comment on the case. Roemer said he could not comment specifically on the case, either.

Roemer said it has become more common to bypass a preliminary hearing.

Kuopus is accused of firing a gun at his ex-girlfriend several times Sept. 9 before escaping in the woman's truck. He was arrested three days later after a neighbor spotted him at his home.

He faces three felony counts of shooting into an occupied vehicle.

Police said Kuopus, 56, shot at the woman after she came to his home in the 4800 block of Mulqueeney Common to reclaim possession of her truck.

After an argument inside his home, police say, he followed her out as she got inside a vehicle with her friends. Both shots missed all three people inside, but one shattered a window.

No one was hurt and the victims were able to drive away and call police.

Kuopus is set to appear in court in Hayward Dec. 11 for an arraignment.



Lawyer in Katrina Case Faces Bribery Charge
Breaking Legal News | 2007/11/29 05:16
An attorney who helped negotiate a multibillion-dollar settlement against tobacco companies in the 1990s and has sued insurers over unpaid Hurricane Katrina claims was indicted Wednesday in a suspected scheme to bribe a Mississippi judge. The indictment accuses Richard "Dickie" Scruggs of conspiring to pay the judge $50,000 to rule in his favor in a lawsuit brought by other attorneys who sought fees for work on Katrina insurance litigation.

Circuit Court Judge Henry Lackey reported the "bribery overture" to federal authorities and agreed to assist investigators in an "undercover capacity," according to the indictment.

Scruggs was indicted along with three other attorneys, including his son, who is his law partner, and a former Mississippi auditor. They face charges including one count of defrauding the federal government and two counts of wire fraud.

"I'm convinced that these guys did not do what they're accused of doing," said Joey Langston, a lawyer for Scruggs' firm.

Also named as defendants in the indictment are Zach Scruggs; Sidney Backstrom, a lawyer in Scruggs' firm; Timothy Balducci, a New Albany, Miss.-based lawyer; and former state auditor Steven Patterson, who works with Balducci.

Patterson resigned as auditor in 1996 after he was accused of lying on state documents to avoid paying taxes on a car tag.

Scruggs turned himself in to authorities Wednesday afternoon at a federal building in Oxford, Miss., where the grand jury handed up the indictments earlier in the day, Langston said.

After their arraignment Wednesday, Richard Scruggs was released on $100,000 bail, while Zach Scruggs and Patterson each were freed on $50,000 bail. Langston said Backstrom is expected to be arraigned Thursday, but he couldn't say when Balducci is expected to appear in court.

Langston said it was too early for him to comment on the details of the allegations.

"Right now, we've just got to get our arms around it," he said.

Richard Scruggs, whose brother-in-law is Sen. Trent Lott, R-Miss., earned millions from asbestos litigation and from his role in brokering a multibillion-dollar settlement with tobacco companies in the mid-1990s.

His case against the tobacco companies was portrayed in the 1999 movie "The Insider," starring Al Pacino and Russell Crowe.

After Katrina hit on Aug. 29, 2005, the Gulf Coast native sued insurers on behalf of hundreds of policyholders whose claims were denied after the storm.

On Tuesday, FBI agents searched Scruggs law offices and left with copies of computer hard drives, Langston said.

The alleged bribery scheme stems from a lawsuit filed in March against Scruggs by a Jackson, Miss., law firm, Jones, Funderburg, Sessums, Peterson & Lee in a dispute over $26.5 million in attorneys' fees.

Scruggs created a legal team called the Scruggs Katrina Group to represent policyholders who sued their insurers after the hurricane.

In January, Scruggs' legal team reached a mass settlement of suits with State Farm Insurance Cos. that involved more than $26 million in lawyers' fees.

The lawsuit accuses Scruggs of trying to "freeze out" lawyers from the Jackson law firm, including senior partner John G. Jones, and pay it a "ridiculously low figure" for its "substantial" work.

After the suit was filed, Balducci is accused of having several meetings and conversations with Lackey in which Balducci agreed to pay the judge for ruling in favor of Scruggs in the case, according to the indictment.

Scruggs allegedly tried to cover up the scheme by falsely creating documents that showed he hired Balducci to work on an unrelated case, when he was actually reimbursing him for the cash bribes, the indictment said.

The indictment includes excerpts of telephone conversations between Balducci and the judge that were presumably recorded by federal authorities.



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