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Dismissal of federal Internet suicide case sought
Court Watch | 2008/07/24 10:30
An attorney for a Missouri woman charged in a MySpace hoax that allegedly led a 13-year-old girl to commit suicide filed motions Wednesday to dismiss the federal case.

Three motions were filed in U.S. District Court on behalf of Lori Drew of the St. Louis suburb of O'Fallon, her attorney H. Dean Steward told The Associated Press.

Drew is accused of helping create a false-identity account on the MySpace social networking site to convince young neighbor Megan Meier she was chatting with a teenage boy.

Meier, who was being treated for attention deficit disorder and depression, hanged herself in 2006, allegedly after receiving cruel messages, including one saying the world would be better off without her.

Missouri authorities did not file any charges because at the time they could not find any laws that applied.

In May, however, a Los Angeles federal grand jury indicted Drew on charges of conspiracy and accessing computers without authorization to get information used to inflict emotional distress. She pleaded not guilty.

The case was filed in Los Angeles because MySpace's servers are in Los Angeles County. FBI agents in St. Louis and Los Angeles investigated the case.

Legal experts have said use of the federal cyber-crime statute on accessing computers may be open to challenge.



Man convicted of hate crime for accosting Wiesel
Court Watch | 2008/07/22 08:05
A New Jersey man who once claimed insanity was convicted Monday of a hate crime for accosting Nazi death camp survivor and scholar Elie Wiesel in a hotel elevator.

Eric Hunt, 24, was convicted in San Francisco Superior Court of one felony charge of false imprisonment with a hate crime allegation. Hunt was also convicted of two misdemeanor counts — one for battery and one for elder abuse.

The jury dismissed charges of attempted kidnapping, stalking and a second false imprisonment charge.

He had withdrawn his original not guilty by reason of insanity plea, eliminating the need for a second trial to determine his sanity at the time of the crime.

Hunt shook in his seat after the verdict was read. He could face as long as three years in prison.

"We are pleased with the verdict," said his attorney, John Runfola. "I'm just saddened it took this long to get justice for this young guy who is mentally ill."

During the nine-day trial, Wiesel, 79, testified that he thought Hunt was trying to kidnap him when he was forcefully pulled off an elevator at San Francisco's Argent Hotel on Feb. 1, 2007.

On the witness stand, Wiesel read comments allegedly written on a Web site by Hunt calling Wiesel's accounts of the Holocaust "fictitious."

Wiesel's parents and younger sister died in Nazi death camps during World War II. He received the Nobel Peace Prize in 1986 and has written more than 40 books, many of them about the Holocaust and Judaism.



Law firm worker gets 3 years in prison for theft
Court Watch | 2008/07/17 09:35

A former employee of two local law offices pleaded guilty Wednesday to stealing more than $35,000 from the firms by falsely filling out closing documents.

Circuit Court Judge John Milling sentenced Carolyn Keys to 20 years in prison, which will be suspended after she serves three years in prison and five years on probation. Milling ordered the sentences to run consecutively, so if Keys does not successfully complete her probation, she must serve the remainder of her prison sentence.

Keys, 60, who lives with her sister in Virginia, pleaded guilty to two counts of breach of trust with fraudulent intent for two separate incidents at law firms in Horry and Georgetown counties, Solicitor Greg Hembree said.

Prosecutors had recommended the sentences to run concurrently, but Milling said he chose the consecutive sentence in case she failed the conditions of her probation, which include repaying $22,500 in restitution to the law firms, and random drug and alcohol testing.

Keys admitted she took $20,492 from the Manley and Hatley Law Firm while she worked there from May 2005 to December 2006 and $15,149 from the McNair Law Firm, where she worked after leaving the Manley and Hatley firm.

Keys' attorney, Mary Ashley Martin, told Milling that Keys suffered from leukemia and was first diagnosed when the incidents began. Martin said Keys also was under stress because her son had been deployed with the Marines to Iraq.

"I am so sorry. I know I can't correct what I've done. I hope you will forgive me," Keys said during the hearing as she turned to representatives of the law firms. "They put trust in me, and I betrayed that trust," Keys said.

Keys served a probation sentence in 2004 after she pleaded guilty to obtaining $1,850 under false pretenses, and she paid restitution to her former landlord in that case, Hembree said.

"She's been given a chance. Another judge gave her a chance and that experiment failed," Hembree said before Milling issued his sentence Wednesday. "This is not some kid down at the Wal-Mart, who does something stupid. This is a legal professional. We have to have faith and trust in this profession or it breaks down. She was single-handedly breaking it down."

Chad Hatley, who employed Keys, said he's spent at least $72,000 repaying clients, hiring auditors and accounting firms to review his records in addition to answering to the S.C. Bar Association about the misconduct in his office.



NC State coach Lowe's son pleads guilty in robbery
Court Watch | 2008/07/15 06:41
The son of North Carolina State basketball coach Sidney Lowe pleaded guilty on Monday to dozens of charges connected to a March 2007 armed robbery.

A sentencing hearing for Sidney Lowe II began Monday and is expected to end Tuesday in Guilford County Superior Court.

Defense lawyer Joe Cheshire said his client was "completely remorseful."

Lowe entered guilty pleas to six counts each of robbery with a dangerous weapon and kidnapping, possession of a weapon on educational property, possession with intent to sell and deliver marijuana and possession of ecstasy under a plea agreement.

The 23-year-old Lowe also entered a plea to a conspiracy to commit armed robbery charge from a shooting at the University of North Carolina at Greensboro. The plea means he doesn't admit guilt but says the state has enough evidence to convict him.



Court rules for NY Times in anthrax libel case
Court Watch | 2008/07/15 03:41
A federal appeals court has ruled against a former Army scientist who sued The New York Times over columns linking him to deadly 2001 anthrax attacks.

A three-judge panel of the 4th U.S. Circuit Court of Appeals said Monday that Steven Hatfill was a public figure and had to prove actual malice to win his libel lawsuit. The court said Hatfill failed to meet that burden.

Five people were killed and 17 sickened in the anthrax attacks. Then-Attorney General John Ashcroft publicly identified Hatfill as a "person of interest" in the investigation.

Columnist Nicholas Kristof criticized the FBI's investigation as lackadaisical and initially referred to Hatfill as "Mr. Z." Kristof identified Hatfill by name only after Hatfill held a news conference to denounce rumors.



Jocelyn Kirsch pleads guilty in ID theft case
Court Watch | 2008/07/14 09:22
Jocelyn S. Kirsch, the former Drexel University student now a defendant in a bold identity-theft scam, pleaded guilty this morning in U.S. District Court to all charges in the case. Kirsch, 22, wearing no make up and wearing a wrinkled dark green prison-issued uniform, appeared somber before U.S. District Judge Eduardo C. Robreno during the hour-long proceeding.

In a soft voice, she pleaded guilty to one count each of conspiracy, access device fraud, bank fraud and money laundering and two counts of aggravated identity theft. Robreno has scheduled sentencing for Oct. 17.

Kirsch has been in custody for more than a week since deciding to skip house arrest in favor of jail in anticipation of a prison sentence.

Her attorney, Ronald Greenblatt, has said that Kirsch faces a mandatory sentence of at least two years in prison. Kirsch has captivated an international audience since photos of her - looking well-endowed and flirtatious and sometimes in a bikini - circulated on the Internet after her arrest.

Kirsch and her one-time boyfriend, Edward K. Anderton, a University of Pennsylvania graduate, are accused of stealing identification of friends, co-workers and neighbors to get fake ID used to finance a lavish lifestyle. They are accused of stealing more than $116,000 from their victims. Anderton pleaded guilty and is scheduled to be sentenced in September.



Virginia's method of lethal injection upheld
Court Watch | 2008/07/11 09:37
A federal appeals court on Thursday upheld Virginia's method of executing inmates by lethal injection, ruling that it prevents them from experiencing excruciating pain.

In a 2-1 decision, a panel of the 4th U.S. Circuit Court of Appeals rejected condemned inmate Christopher Scott Emmett's argument that Virginia's procedure was unconstitutional.

Emmett's lawyers claimed the procedure risks substantial harm because it does not allow for a second dose of anesthesia to make sure an inmate is unconscious before paralyzing and heart-stopping drugs are injected.

The appeals court said there is no evidence that the first dose of anesthesia has ever failed to render an inmate unconscious.

The ruling came on the day another Virginia inmate — Kent Jermaine Jackson — was executed by lethal injection for killing his 79-year-old neighbor. The 26-year-old Jackson, sentenced to death for the 2000 killing of Beulah Mae Kaiser, was pronounced dead at 9:18 p.m.

Emmett is scheduled to be executed July 24 for the 2001 bludgeoning death of a co-worker in Danville.

The appeals court said Virginia's protocol for administering the three-drug concoction is "largely identical" to that of Kentucky, which was upheld by the U.S. Supreme Court in April.



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