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NJ high court hearing case on witness intimidation
Court Watch | 2009/01/06 09:02
New Jersey's highest court is grappling with one of the thorniest issues facing criminal justice today: what to do in cases where witnesses to a crime have been threatened or intimidated by defendants to the point where they refuse to testify in court.

The issue is a pressing one in areas where intimidation by gang members, drug dealers and other defendants is making potential witnesses afraid they or their loved ones will be harmed or killed if they take the stand.

The state Supreme Court in Trenton heard nearly two hours of arguments Monday on a case that deals with what the state Attorney General's Office calls "the greatest threat" to prosecution in gang, organized crime and domestic violence cases.

The state wants to be allowed let jurors hear the out-of-court statements of witnesses who have been threatened without presenting the witnesses themselves.

But defense lawyers argue that would not be fair to defendants, who have the Constitutional right to confront their accusers in court.

Deputy Attorney General Daniel Bornstein told the court he has read numerous media accounts of witnesses being intimidated or threatened around the state.



12-year-old Arizona boy guilty in mom's shooting
Court Watch | 2009/01/03 09:14
A 12-year-old boy who fatally shot his mother after an argument over his chores was found guilty of premeditated murder.

Judge James Conlogue found the boy guilty after a hearing Friday in Cochise County Superior Court in the southern Arizona town of Bisbee. The boy is not being identified because he was charged as a juvenile.

Conlogue ruled that prosecutors had proved the boy acted intentionally and with premeditation when he shot Sara Madrid, 34, eight times on Aug. 1. The shooting happened after the boy had argued with his mother over his chores.

Madrid had left the family home after the argument, and the boy got a .22-caliber pistol from her bedroom closet, waited for her to return and then repeatedly shot her, according to court testimony.

Madrid's live-in boyfriend of 10 years, Alfonso Munoz, witnessed the shooting and said the boy gave him the empty gun afterward.

Munoz, who helped raise the boy, said he had taught the child how to use the weapon for emergencies and self-defense.

The boy's lawyer, Sanford Edleman, had argued that the boy did not intend to kill his mother but only wanted to get back at her for abusing him.



Wis. court: Nude people still have privacy rights
Court Watch | 2008/12/31 09:11
A state appeals court ruled Tuesday that a person who is voluntarily nude in the presence of another still has privacy rights against being secretly videotaped, in a decision that bolsters Wisconsin's video voyeur law.

The ruling upholds the felony guilty plea of Mark Jahnke, who videotaped his girlfriend while she was naked and while they were having sex. He argued in his appeal that because the woman agreed to be naked around him, she had no reasonable expectation of privacy.

The state Department of Justice argued that shared intimacy does not give a person the right to film another unknowingly.

Jahnke's attorney, Michael Herbert of Madison, argued that the court had found in a previous case that a reasonable expectation of privacy existed when a nude person reasonably believed he or she was "secluded from the presence of others."

Prosecutors argued the video voyeur law would make no sense under that interpretation. The appeals court agreed, saying the definition in the previous case was not intended to cover all circumstances.

Judge Charles Dykman, the dissenter in the 2-1 decision, said the 2001 law does not specifically prohibit what Jahnke did.

Attorney General J.B. Van Hollen praised the ruling.

"Wisconsin's citizens enjoy a reasonable expectation of privacy not to be secretly videotaped while in the nude, and Wisconsin's criminal law has been correctly interpreted to protect that expectation," he said.



ACLU of Arkansas sues over adoption restrictions
Court Watch | 2008/12/30 11:34
More than a dozen families filed a lawsuit Tuesday challenging a new Arkansas law banning unmarried couples living together from becoming foster or adoptive parents.

The Arkansas chapter of the American Civil Liberties Union filed the lawsuit on behalf of the families in Pulaski County Circuit Court seeking to overturn Act 1, which was approved by voters in last month's general election.

"Act 1 violates the state's legal duty to place the best interest of children above all else," said Marie-Bernarde Miller, a Little Rock attorney in the lawsuit.

The group filed the lawsuit on behalf of 29 adults and children from more than a dozen families, including a grandmother who lives with her same-sex partner of nine years and is the only relative able and willing to adopt her grandchild, who is now in Arkansas state care.

The plaintiffs also include Stephanie Huffman and Wendy Rickman, a lesbian couple raising two sons together who want to adopt a foster child from the state.



Little girl's claims at issue in high court case
Court Watch | 2008/12/03 09:21
A Massachusetts girl's awful experience on a school bus is at the heart of a case argued in the Supreme Court Tuesday over limits on lawsuits about sex discrimination in education.

The 5-year-old kindergarten student in Hyannis, Mass., told her parents that in 2000 a third-grade boy repeatedly made her lift her dress, pull down her underwear and spread her legs.

Local police and the school system investigated, but found insufficient evidence to bring criminal charges or definitively sort out the story, according to court records. The district refused to assign the boy to another bus or put a monitor on the bus, records show.

Upset with the school district's response, parents Lisa and Robert Fitzgerald sued the district in federal court under both Title IX, which bars sex discrimination at schools that receive federal money, and a provision of a Civil War era, anti-discrimination law that was designed to enforce the 14th Amendment's equal protection clause.

The issue for the court is whether Title IX, enacted in 1972, rules out suits under the older provision.

A federal judge ruled that the Fitzgeralds could not sue under the older law because Congress had subsequently passed Title IX. The Fitzgeralds also lost on their Title IX claims. The Boston-based 1st U.S. Circuit Court of Appeals upheld the ruling.

The justices appeared skeptical of the idea that Congress, in legislation expanding protection from discrimination, would cut back on the ability to sue for violations of constitutional rights. But they also wondered whether the Fitzgeralds ultimately would win their lawsuit.



FCC appeals Janet Jackson case to Supreme Court
Court Watch | 2008/11/21 08:13
The Federal Communications Commission has asked the U.S. Supreme Court to review the indecency case over Janet Jackson's breast-baring performance at the 2004 Super Bowl.

The FCC this week appealed a ruling by the 3rd U.S. Circuit Court of Appeals in Philadelphia, saying that court was wrong to throw out the case and a $550,000 fine against CBS Corp. in July.

The appellate court cited the FCC practice of not considering objectionable images indecent if they are "fleeting."

In Jackson's halftime show at the 2004 Super Bowl, which spawned the case, she briefly flashed a breast as she performed with Justin Timberlake.

The FCC said the court incorrectly applied a rule — since changed — regarding expletives that required a profanity be repeated before it is deemed indecent. The FCC contends the rule didn't apply to images.

Reaction to the appeal was swift from the Media Access Project, which filed a friend-of-the-court brief with the appellate court on behalf of a group of TV writers, directors and producers.

"The impact of the FCC's decision on the creative process is very profound," said the group's chief executive, Andrew Jay Schwartzman. "The FCC's decisions in this area have made it very difficult for creative artists to exercise their craft."

At the time, broadcasters did not employ a video delay for live events, a practice that changed within a week of the game.

The FCC also has an appeal pending before the U.S. Supreme Court in a New York case involving profanity uttered by Cher during a December 2002 music awards show and by Nicole Richie during a December 2003 awards show, both carried on Fox stations.

The agency has asked the court to rule in that earlier case before taking on the Jackson incident.



Army vet guilty of conspiracy, not murder in Colo.
Court Watch | 2008/11/20 05:17
A jury acquitted a former Fort Carson soldier of first-degree murder in the slaying of a fellow Iraq war veteran but convicted him of a lesser charge of conspiracy to commit murder.

Louis Bressler, 25, was convicted Wednesday in connection with the Dec. 1 death of Kevin Shields. He could be sentenced to as many as 24 years in prison and is to stand trial next month in the slaying of another soldier.

Jurors acquitted Bressler of first-degree murder after deliberation, first-degree murder in furtherance of a felony and aggravated robbery.

Bressler's lawyer argued that no physical evidence linked him to Shields' slaying and that two co-defendants, also Iraq war vets, conspired to frame him. The co-defendants have reached plea agreements in Shields' slaying and are serving prison terms.

Bressler is one of at least five Fort Carson soldiers who served in Iraq with the 4th Brigade Combat Team and who later were accused of various slayings at home over the past 15 months. A sixth team veteran faces attempted murder charges. An Army task force is investigating whether there are any common factors in the slayings.

Prosecutors said Bressler killed Shields because Shields knew too much about robberies that Bressler and fellow veterans Bruce Bastien Jr. and Kenneth Eastridge planned to commit. They also said Shields had beaten Bressler in a fight before the slaying. All four had been drinking heavily.

Shields' family said he was out celebrating both his birthday and news that his wife was pregnant with their second child.

The prosecution's case suffered a blow when co-defendant Bastien refused to testify against Bressler, in violation of his plea agreement. El Paso County District Judge Theresa Cisneros refused a request by Deputy District Attorney Jack Roth that Bastien be compelled to testify.



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