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Appeals court in NYC will rehear torture case
Court Watch | 2008/08/15 04:29
A federal appeals court will reconsider its decision to toss out a Canadian engineer's lawsuit over torture he says he endured after being mistaken for an Islamic extremist.

The move by the 2nd U.S. Circuit Court of Appeals in Manhattan was unusual not only because the full circuit assembles for a case only once or twice a year, but because Maher Arar's attorneys had yet to even ask for a full hearing.

The court notified lawyers Wednesday that the full panel of 13 judges will rehear Arar's case, which a three-judge panel of the 2nd Circuit dismissed in June. Arguments are scheduled for Dec. 9.

"We never even considered the possibility they would do it before we asked," said Maria LaHood, a Center for Constitutional Rights senior attorney representing Arar. "They certainly decided it was important enough on their own."

The Syrian-born Arar was detained in 2002 after switching planes at John F. Kennedy International Airport as he returned to Canada from vacation. Federal authorities say he had been wrongly listed as an al-Qaida member.



Manchin, DuPont met over appeal of $196M verdict
Court Watch | 2008/08/14 08:03
Gov. Joe Manchin's office acknowledged Wednesday that he conferred twice with chemical giant DuPont as it planned to appeal a $196 million punitive damage award in a West Virginia pollution case.

His office also reviewed a draft friend-of-the-court brief offered by the chemical giant.

But the draft was used for reference only, said administration spokeswoman Lara Ramsburg, and the brief Manchin ultimately filed urging the state Supreme Court to hear DuPont's appeal was his own.

"Here, the proposed draft was provided, we politely reviewed it, said 'Thanks, but no thanks,' and ultimately decided to go another way," she said.

The court is in summer recess and has not yet decided whether to take the case.

The revelation about communication between the governor's office and the chemical giant is the latest twist in a complex class-action lawsuit involving nearly 8,000 people exposed to toxic chemicals that spewed for decades from a zinc-smelting plant in Spelter.

While the case centered on medical and liability issues, the plaintiffs also argued that close ties to DuPont made environmental regulators and other state officials complicit in allowing a 112-acre waste pile tainted with arsenic, cadmium and lead to sit in the center of town until 2001.

After a five-week trial in county circuit court last fall, jurors convicted DuPont of wanton, willful and reckless conduct and ordered it to pay punitive damages to deter future misconduct. Total damages were $382 million.



Michigan 'Joker' sentenced to 1 day in jail
Court Watch | 2008/08/14 03:06
A man accused of trying to steal a large Batman movie poster from a cinema lobby while dressed as the Joker has pleaded guilty to a misdemeanor charge of malicious destruction of property.

Twenty-year-old Spencer Taylor entered the plea Wednesday in St. Joseph County District Court.

A judge ordered him to serve one day in jail, perform 16 hours of community service and pay $685 in fines.

Charges of attempted larceny in a building and using a mask to conceal his identity during the commission of a crime were dismissed as part of Taylor's plea agreement.

Three Rivers police say he was wearing a purple suit, green wig and face paint when they arrested him on July 27.



No bail for Md. mom accused in starving death
Court Watch | 2008/08/13 05:50
A 21-year-old woman accused of staving her toddler to death while a member of a religious cult was ordered held without bail Tuesday, and her attorney suggested that she was not responsible for her son's slaying.

Ria Ramkissoon wore a purple jumpsuit and a blank expression during her appearance Tuesday at the city's booking center, answering only, "Yes," when asked whether she had read the charges against her.

Her attorney, Steven D. Silverman, argued for bail to be set, but District Court Judge Theodore B. Oshrine decided that holding Ramkissoon without bail was appropriate because of the seriousness of the allegations.

"This is not a black-and-white case," Silverman told the judge. "I'm convinced from talking to her that she's been grossly overcharged."

Silverman said after the hearing that his client, a petite native of Trinidad who moved to Maryland with her mother at the age of 8 and has no criminal record, was manipulated by cult members.



Court blocks MIT students from showing subway hack
Court Watch | 2008/08/12 06:45
A federal judge has ordered three college students to cancel a presentation at a computer hackers' conference showing security flaws in the automated fare system used by Boston's subway.

A U.S. district court judge in Massachusetts issued a temporary restraining order preventing the Massachusetts Institute of Technology students from demonstrating at the Defcon conference on Sunday in Las Vegas how to take advantage of the system's vulnerabilities to get free rides.

The Massachusetts Bay Transportation Authority says in a complaint filed Friday that the students offered to show others how to use the hacks before giving the transit system a chance to fix the flaws.



Judge rules Detroit mayor didn't violate bond
Court Watch | 2008/08/12 03:44
A judge has ruled that Detroit Mayor Kwame Kilpatrick didn't violate bond conditions in an assault case by visiting his sister, who is a potential witness for the prosecution.

Judge Ronald Giles agreed Tuesday with the mayor's attorneys that a no-contact order didn't include Ayanna Kilpatrick. The mayor spent time with his sister during the weekend.

Last week, Giles had sent the mayor to jail last week in a separate perjury case.

Giles had put the mayor in jail Thursday after learning he traveled to Windsor, Ontario, in July without notifying authorities, a condition of his bond in the perjury case. Kilpatrick was released Friday.



Arson probed at SC prosecutor's after court burns
Court Watch | 2008/08/08 02:29
Officials were investigating a suspicious fire that gutted the prosecutor's office in this rural county Thursday, three days after an arsonist torched the historic courthouse just half a block away.

Police warned jumpy residents in this city of 8,300 people to be on the lookout for a dangerous suspect who may be someone they know.

Nobody was injured in either fire, the latest of which started shortly after 4 a.m. in the prosecutor's office in a one-story brick building that houses several other law offices in Lancaster's small downtown, authorities said.

Police Capt. Harlean Howard said witnesses to the fires have been interviewed but urged more to come forward. She also said experience shows the suspect will likely follow the investigation closely in media reports and in conversations.



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