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Vick not expected to attend court hearing
Court Watch | 2007/10/03 09:10
Michael Vick’s lawyers will make their first Surry County, Va. court appearance Wednesday for state dogfighting charges against the suspended Atlanta Falcons quarterback. Vick, already scheduled to be sentenced Dec. 10 on a federal dogfighting charge, is not expected to attend the Circuit Court hearing, prosecutor Gerald G. Poindexter said.

Wednesday’s hearing is to determine whether Vick and three co-defendants have secured legal counsel or need the court to provide lawyers.

“It’s just going to be a routine day,” Poindexter said in a telephone interview with The Associated Press.

Trial dates for Vick and the others on the state charges will be set Nov. 27, he said.

Vick was indicted last week in the rural county where he built a massive home on 15 acres that had been home to a dogfighting enterprise since 2001. He’s charged with beating or killing or causing dogs to fight other dogs and engaging in or promoting dogfighting. Each felony is punishable by up to five years in prison.

Lawyers for Vick have indicated they will fight the state charges on the grounds that he can’t be convicted twice of the same crime. In pleading guilty to the federal charge on Aug. 27, Vick admitted helping kill six to eight dogs, among other things. He faces up to five years in prison. Co-defendants Tony Taylor, Purnell Peace and Quanis Phillips also pleaded guilty to the same federal charge.

On Tuesday, People for the Ethical Treatment of Animals announced Vick completed an eight-hour class in empathy and animal protection Sept. 18 at the group’s Norfolk headquarters. The organization said Vick took the course during his second visit to their headquarters and returned a third time to take a written test.

PETA did not reveal his score on the test, which spokesman Dan Shannon said includes an essay and long-answer questions.

Vick, suspended indefinitely by the NFL without pay, did himself no favors last month when he tested positive for marijuana, a violation of U.S. District Court Judge Henry Hudson’s order that he stay clean in exchange for being allowed to be free.

After that positive test, Hudson ordered Vick confined to his home address between 10 p.m. and 6 a.m., with electronic monitoring and random drug testing.



Wyatt pleads guilty in Iraq oil case
Court Watch | 2007/10/02 07:18

Texas oil billionaire Oscar Wyatt, who in the mid-1990s was involved in a land dispute with a group of agencies in Utah, faces up to two years in prison after pleading guilty to paying an illegal kickback to the regime of late Iraqi leader Saddam Hussein in exchange for the right to purchase oil.  The surprise plea, coming in the third week of a trial related to the United Nations oil-for-food program, ends a case that threatened to send the oil man to prison for the rest of his life. He faces 18 to 24 months when he's sentenced Nov. 27.

"I didn't want to waste any more time at 83-years-old fooling with this," Wyatt said after the hearing in Manhattan federal court.

Wyatt was accused of paying millions of dollars to Iraq outside of the 1996 U.N. program, created to allow Iraq to use oil revenue to buy food and medicine, easing the impact of sanctions imposed after its 1990 invasion of Kuwait. The Iraqis were permitted to select the companies that would receive oil.

Wyatt, indicted on five counts, pleaded guilty to one, conspiracy to commit wire fraud. He also agreed to forfeit $11 million.

The U.N. oil-for-food program became corrupted in 2000 when Iraqi officials began demanding illegal surcharges in return for contracts to buy Iraqi oil. The program ran from 1996 to 2003.

During the trial, prosecutors demonstrated that Wyatt had such a close relationship with Iraq that he was able to meet with Hussein in December 1990 to argue for the release of Americans being held as potential shields in the event of a U.S.-Iraq war.

The government insisted that Wyatt later took advantage of that relationship to secure the first contract under the oil-for-food program and to continue to receive oil deals after other American companies were denied access.

Wyatt's defense lawyers argued that their client was an American hero who never knowingly paid surcharges to the Iraqi government to win oil deals.

Wyatt made his early fortune in oil and eventually built a system to collect natural gas burned off in Texas oil wells, enabling him to sell the fuel to homeowners as far away as Utah, Michigan and New England.

Wyatt's ties to Utah run deeper than just selling natural gas. In the mid-1990s, he opposed an initiative put together by competing federal, state and private interests that called for conservation groups to purchase ranches in the Book Cliffs area of eastern Utah.

Those groups - in an effort to improve wildlife habitat and protect land from overgrazing - planned to turn the properties over to the U.S. Bureau of Land Management and the state's Division of Wildlife Resources.

The agencies would then agree to convert federal grazing permits to allow elk rather than cattle on the property.

Wyatt owned some of the ranchland and believed elk were eating forage that should have been feeding his 2,100 head of cattle. He challenged the initiative in court in an effort to outbid the DWR for the grazing permits. He eventually dropped his lawsuit, and the groups put together 500,000 acres for conservation.



High Court Rejects Pfizer Appeal On Norvasc Generic
Court Watch | 2007/10/01 06:56
The U.S. Supreme Court on Monday rejected an appeal from Pfizer Inc. (PFE) that had sought to bar Apotex Inc. (AOX.YY) from selling a generic version of Norvasc, a popular hypertension drug. The dispute began in April 2003 when Apotex, a maker of generic drugs based in Canada, challenged the validity of Pfizer's patent on Norvasc and applied at the Food and Drug Administration to sell its own version. A federal trial was held in 2006, leading to a ruling in favor of Pfizer.

The Washington-based U.S. Federal Circuit Court of Appeals, a special patent appeals court, reversed the trial court ruling and opened the door for Apotex.

However, Pfizer's ability to sell Norvasc without competition from other companies expired on Sept. 25, 2007.



Bloomberg LP the Target of Many Lawsuits
Court Watch | 2007/09/29 11:22
The three women at the center of a lawsuit filed by the federal government against Bloomberg LP are not the first to accuse the financial information company founded by Mayor Michael Bloomberg of discrimination. A separate suit was recently filed in Manhattan federal court by another woman who said she also experienced discrimination based on her pregnancy and maternity leave, like the three women in the suit filed by the Equal Employment Opportunity Commission Thursday.

Monica Prestia, who began working for Bloomberg LP as a sales representative in 1997, filed a suit in June claiming the company discriminated against her after she became pregnant in February of 2005.

The company treated her differently than similarly employed male workers and subjected her to "harassment, hostile work environment and other forms of discrimination," the complaint said.

The suit seeks unspecified damages and is pending in court.

On Thursday, the EEOC accused the New York-based company of similar discrimination, saying it engaged in a pattern of demoting women, diminishing their duties and excluding them from job opportunities after they disclosed they were pregnant.

Bloomberg LP spokeswoman Judith Czelusniak did not respond to a request for comment on the Prestia case; in court papers the company denied the allegations. About the EEOC suit on Thursday, Czelusniak said: "We believe strongly that the allegations are without merit and we intend to defend the case vigorously."

The agency brought the suit on behalf of three senior employees who had filed complaints with the EEOC regarding Bloomberg LP, saying the activities occurred with malice or reckless indifference to federal anti-discrimination laws. The EEOC is the federal agency charged with interpreting and enforcing laws passed to prevent discrimination in the workplace.

The women were expected to bring their own motion in court next week that further details their claims. They were identified by the EEOC as Tanys Lancaster, Jill Patricot and Janet Loures.

Lancaster was said to be earning close to $300,000 in a senior position in the company's Transaction Products Department when she announced her pregnancy.

"Almost immediately I began to suffer demotions, decreases in compensation as well as retaliation after I complained to Human Resources," she said in a statement.

Lancaster is no longer employed with Bloomberg. Patricot and Loures are still working there.

Patricot, who worked as a manager in the Global Data Division, claims that after returning to her job following maternity leave, she was demoted to an entry level position because her schedule had changed due to child care demands.

Loures was also a manager in the Global Data Division, and said her duties and staff were reduced starting with her first maternity leave and continuing through a second one. She is now employed in an entry-level clerical position, the EEOC said.

The EEOC said the women's claims of discrimination due to gender and pregnancy "were echoed by a number of other female current and former employees who have taken maternity leave."

Richard Roth, an attorney for the woman in the separate suit filed in June, said in an interview Friday that the EEOC complaint "helps expose what's really going on behind the scenes at Bloomberg."

It is a culture that Michael Bloomberg, who is a potential presidential candidate, was accused of fostering while he headed the company. Bloomberg stepped down as CEO to run for mayor in 2001 but retains a 68 percent stake in the company. A spokesman for Bloomberg declined to comment on the cases Friday.

While Bloomberg was CEO, a female sales executive accused him in a lawsuit of sexual harassment and other claims similar to these new allegations.

The suit, filed by Sekiko Sakai Garrison in 1997, claimed that he and other male managers displayed a discriminatory attitude toward pregnant women and new mothers.

It said that when he found out Garrison was pregnant, he told her "Kill it!" and said "Great! Number 16!" -- an apparent reference to the number of women in the company who were pregnant or had maternity-related status at the time.

It also claimed Bloomberg and other men at the company made "repeated and unwelcome" sexual comments, overtures and gestures, contributing to an offensive, locker-room environment.

Bloomberg adamantly denied the accusations; the suit was settled in 2000. Terms were not disclosed.



Supreme Court Spares Texas Killer
Court Watch | 2007/09/28 07:47
The U.S. Supreme Court halted the execution of a man convicted of killing his parents in the nation's busiest death penalty state after already agreeing to review another state's lethal injection procedures. The high court, which refused a similar appeal earlier this week from another Texas inmate, blocked state corrections officials Thursday night from executing 28-year-old Carlton Turner Jr. The order came less than two hours before the death warrant would have expired at midnight.

Turner's lawyers had linked his case with an appeal from two Kentucky inmates who argued that lethal injection is unconstitutionally cruel. Both states use similar injection procedures employing three drugs.

The justices on Tuesday agreed to consider the Kentucky appeal, and Turner's case was viewed as a barometer of whether capital punishment in Texas could be placed on hold while the Supreme Court considers that case.



Suspected Delaware State shooter to appear in court
Court Watch | 2007/09/28 01:57

A student at Delaware State University is scheduled to appear in court today on attempted murder, assault and other charges.

Loyer Braden is accused of shooting two students last week near a dining hall on campus. Officials say the shooting followed a fight that Braden was involved in days before.

According to a police affidavit, a witness told police that he heard Braden say that he'd stay out of trouble if he managed to get away with the shooting. The affidavit also mentions a witness who saw Braden coming from the direction of the shooting and leaving in a car.

Braden is being held in jail on $$75,000. Prosecutors have filed a motion to increase his bail.



Court to hear Craig guilty plea appeal
Court Watch | 2007/09/26 08:01
A Minnesota judge will be hearing Sen. Larry Craig's petition to overturn his guilty plea on a disorderly conduct charge in Minneapolis on Wednesday. The Idaho Republican was arrested June 11 during a police sting in an airport men's room for allegedly making sexual overtures to an undercover male police officer. He entered a written guilty plea to the disorderly conduct charge in August. Craig has said he would resign from the Senate if he cannot get the guilty plea overturned by September 30.

Craig on Tuesday said he won't resign until "legal determinations" are made. A political source involved in discussions about the case said Craig has made it clear he wants to find a way to stay in office.

A court ruling on Craig's appeal could take longer than the four days before September 30.

In his petition to vacate the plea, Craig's attorney maintained the senator's "panic" over the possibility that the allegations would be made public drove him to accept a guilty plea without seeking legal advice and that he had been assured by the arresting officer that the matter would remain private.

The petition also claims that because Craig submitted his guilty plea by mail, he did not have the benefit of a judge explaining the exact consequences of the plea before accepting it.



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