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NJ man freed after murder convictions overturned
Court Watch | 2009/06/17 09:13
After spending more than 20 years in prison for two murders he repeatedly denied committing, Paul Kamienski spoke Tuesday as a man freed under unusual circumstances.


Last month, the 3rd U.S. Circuit Court of Appeals in Philadelphia overturned his 1988 convictions and double life sentence in the murders of a Florida couple in 1983 in what prosecutors described as a drug deal gone bad. The court wrote that the evidence presented at trial was not sufficient to warrant a verdict of guilty beyond a reasonable doubt.

Such reversals, in which no new evidence is presented, are considered extremely rare.

Kamienski, 61, was released from South Woods State Prison on Tuesday afternoon. Standing across the street from the prison, he spoke softly and fought to hold back his emotions. He expressed thanks for the friends who stood by him during the lengthy appeal process and said he would take time to let it all sink in.

"It's hard to put into words how I feel," the lanky Kamienski said. "I'm just going to try and get my life back together, do some thinking, do some unwinding."

Prosecutors contended Kamienski helped two friends dispose of the bodies of Barbara and Henry DeTournay after one of the friends, Joseph Marzeno, shot the couple during a 1983 robbery involving $150,000 worth of cocaine. Their bodies were dumped in New Jersey's Barnegat Bay and discovered several days later.

Marzeno, Kamienski and a third man were convicted of the murders, but the trial judge later threw out Kamienski's conviction for a lack of evidence. A state appeals court reinstated the conviction, however, and New Jersey's Supreme Court declined to hear the case.

Enter Timothy McInnis, a lawyer who heard about Kamienski's case at a holiday party in New York in the late 1990s and decided to take it on.



Judge: Simpson `acquittal suit' to stay in storage
Court Watch | 2009/06/16 07:34
A judge on Monday ordered O.J. Simpson's former manager to keep the former football star's so-called acquittal suit in storage until it is determined who rightfully owns it.


The ruling came after a contentious hearing that ultimately spilled into a courthouse hallway, where the former manager, Mike Gilbert, and a lawyer for Fred Goldman exchanged heated accusations.

Goldman — the father of Ronald Goldman, who was slain alongside Simpson's ex-wife 15 years ago — is seeking to satisfy a $33.5 million civil judgment against Simpson by selling the suit the Hall of Famer wore to court when he was acquitted on murder charges.

Gilbert said Simpson gave him the suit the day after his Oct. 3, 1995, acquittal. He claims it is his property because Simpson had not yet been found civilly liable for Ronald Goldman's and Nicole Brown Simpson's deaths.

Gilbert told Fred Goldman's lawyer, David Cook, that Goldman previously said his pursuit of Simpson was not about money.



Court steps into dispute between Shell, stations
Court Watch | 2009/06/15 08:57
The Supreme Court is stepping into a dispute between Shell Oil Co. and gas station operators who claim the oil company tried to drive them out of business.


The justices, in an order Monday, say they will hear arguments next year in a case involving eight Shell station operators in Massachusetts who are fighting changes in lease terms that they say were intended to convert stations run by franchisees to company-owned facilities.

A federal jury awarded the gas station operators $3.3 million. The Boston-based 1st U.S. Circuit Court of Appeals upheld some aspects of the verdict and overturned others.

Shell, owned by Royal Dutch Shell PLC, and the station operators all appealed to the Supreme Court. The Obama administration also asked the court to intervene and rule in Shell's favor.

The case turns on provisions of the 30-year-old Petroleum Marketing Practices Act. Appeals courts around the country are divided on the issue.

The cases are Mac's Shell Service v. Shell Oil, 08-240, and Shell Oil v. Mac's Shell Service, 08-372.



AIG and Starr Have Monday Court Date
Court Watch | 2009/06/12 09:34

A long-running legal battle between American International Group Inc. and an investment firm led by its former chief executive, Maurice R. "Hank" Greenberg, is due in federal court Monday. Control of more than $4.3 billion is at stake.

At issue are tens of millions of shares Starr International Co. holds in the giant insurer, as well as tens of millions of shares Starr sold in recent years.

Were the insurance giant to prevail, AIG said Thursday that it intends to use any cash it wins to help pay back the debt it owes the federal government, which rescued it from the brink of bankruptcy in September. Any winnings that it gets in stock, currently worth a far smaller amount than the cash Starr has generated from selling other stock, will be used toward employee long-term compensation.

Mr. Greenberg is expected to testify in the trial, before a jury in federal district court in lower Manhattan. Both sides have retained name-brand counsel, David Boies for Starr, and Theodore Wells for AIG. The case could still settle.

For decades when Mr. Greenberg was at AIG's helm, the shares were used to fund a long-term compensation plan for AIG employees. But after he left in 2005, amid an investigation of AIG's accounting, the program ended and Starr, which is privately held, has been using the funds for other purposes, including investments. AIG says it should control the shares.



PA lawyer to plead guilty in $2.5M corruption case
Court Watch | 2009/06/11 07:38
Federal prosecutors say a Pennsylvania lawyer who allegedly tried to cover up payments he made to a pair of judges in a $2.5 million corruption case will plead guilty.


Prosecutors said Tuesday that 49-year-old Robert Powell of Hazleton falsified records to hide the true income of former Luzerne County judges Mark Ciavarella and Michael Conahan. They said Powell also transferred tens of thousands of dollars in cash to Conahan to avoid federal income taxes.

The former judges have pleaded guilty to accepting payoffs in exchange for placing juveniles in detention facilities operated by companies that Powell co-owned. Their sentencings are pending.

Powell's lawyer said Powell realized he made a mistake. He faces a maximum sentence of more than five years.



Mass. woman pleads not guilty to stabbing toddler
Court Watch | 2009/06/11 07:38
A Massachusetts woman charged with stabbing her 2-year-old daughter over 100 times with scissors has pleaded not guilty.


The Telegram & Gazette reports that Susan Johnson made the plea at her arraignment Wednesday in Worcester (WUH'-ster) Superior Court. She faces a variety of charges including armed assault with intent to murder and attempted murder. She was ordered held on $100,000 bail.

Prosecutors say the 39-year-old attacked the child in an apartment complex's laundry room in Gardner, about 70 miles northwest of Boston.

Authorities says she also tried to strangle the girl with a dryer's electrical cord.

Her lawyer says Johnson has a history of mental illness. She is scheduled back in court July 21.



Anger as nursery worker faces court
Court Watch | 2009/06/11 07:36

A female nursery worker has been jeered and spat at when she appeared in court charged with sexual assault and making and distributing child abuse images.


Vanessa George, who worked at the Little Ted's nursery in Plymouth, was remanded in custody amid angry scenes in the city's magistrates' court.

George, 39, of Douglass Road, Plymouth, faces three counts of sexually assaulting a girl under 13 and one count of sexually assaulting a boy under 13.

She also faces three separate counts of making, possessing and distributing indecent images of children.

The court heard the charges range from January 2007 to this month.

George, wearing a white T-shirt and black trousers, spoke only to confirm her name and address. She entered no pleas, no application for bail was made and she will now appear at Plymouth Crown Court on September 21.

She was jeered and hissed by people in the public gallery as she emerged into the court, and when the charges were read out, parents cried and yelled and one man ran from the court in tears.



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