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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.



Letter bomb woman 'shunned' - court
Court Watch | 2007/09/25 08:15

A woman who opened a letter bomb told a court that she has been shunned by colleagues who blame her for the injuries they received in the explosion. Karen Andrews was working in the post room of the DVLA headquarters in Swansea when she opened a padded envelope on February 7. Miles Cooper, 27, from Cherry Hinton, Cambridge, is charged with sending seven letter bombs made from party poppers and nails or broken glass, over a period of two weeks earlier this year.

On Monday, the court was told by prosecutor John Price that the series of attacks had caused "widespread public alarm" as police and public alike tried to work out where the next bomb would arrive.

On Tuesday, Mrs Andrews told Oxford Crown Court that, as she opened the envelope, she joked: "Do we think this is suspicious?" She told the court: "I was just joking. It was because it was a Jiffy bag and because of what had been on the news."

She described how she broke the seal on an envelope contained within the original package and saw a bright flash and heard a very loud bang.

Mrs Andrews has suffered from post-traumatic stress disorder since the incident, the court heard, a condition which worsened following the recent car bomb attacks outside West End nightclubs in London. She suffers from permanent tinnitus and has a large scar on her upper chest where she had to receive stitches.

She told the court that she has only returned to work intermittently and said: "I've been forced out of my department because some colleagues refuse to work with me. One manager even wanted me to apologise to people for what I did that day."

The court heard how the bomb had been addressed to the IT manager of an old DVLA office which no longer exists. Most of the company's large volume of mail that it receives each day is opened automatically, but items sent to an old postcode, the court heard, are opened by hand in a separate room and the backlog this creates could mean that the bomb was received as early as Monday that week.

Cooper denies eight counts of causing bodily injury by means of an explosive substance, two counts of using an explosive substance with intent to disable and making and possessing an explosive substance.



WSU student pleads not guilty to sorority attack
Court Watch | 2007/09/22 03:45
A Washington State University student accused of attacking a woman in a sorority pleaded not guilty to rape and burglary charges.

Twenty-three-year-old Kyle Schott of Renton had been charged with first-degree rape, but the charge was reduced to second-degree.

Whitman County Superior Court documents say Schott and another man broke into the Kappa Alpha Theta sorority September 13th and attacked a woman as she slept.

Prosecutors say Schott watched while Christopher Reid performed sex acts on the woman. The two fled when she awoke. They are also accused of breaking into two other WSU sororities the same night.

Reid pleaded not guilty Wednesday to burglary and rape charges. The 25-year-old Los Angeles man performs in porno films under the name Jack Venice.



Defense lawyer in deadly Metrolink crash is dismissed
Court Watch | 2007/09/22 02:41
A judge dismissed one of the lawyers for the man accused of triggering a deadly Metrolink disaster nearly three years ago, citing the defense's insistence that it was not ready to go to trial. "The public is interested in knowing, hundreds of people want to know," Los Angeles County Superior Court Judge William R. Pounders said of the January 2005 train accident near Glendale, in which 11 people died. "I've reached the end of my rope."

The Los Angeles County district attorney is seeking the death penalty against Juan Manuel Alvarez, who allegedly left his vehicle on the railroad tracks, where a commuter train crashed into it. The train derailed, causing a second crash with an oncoming train.

Alvarez allegedly has contended he was trying to commit suicide and didn't mean to hurt anyone. Witnesses reportedly said he poured gasoline on the vehicle, suggesting he was trying to ensure that it would catch fire or explode.

Pounders said lawyer Norman Kallen was already committed to two other death penalty defenses and could not devote enough time to the Alvarez case. The judge told defense lawyers that he didn't think it would be fair to "sit and wait until you're ready."

Neither side asked for the change, and Pounders noted that Alvarez had not expressed dissatisfaction with Kallen. The judge told the remaining defense lawyer, Michael R. Belter, to press ahead. A second lawyer will be appointed to help Belter.

Belter declined to say whether his client would plead not guilty by reason of insanity. Previous defense lawyers suggested that such a plea might by justified.



Deadlocked Spector jury sent back to deliberate
Court Watch | 2007/09/21 07:29

The judge in the Phil Spector trial on Thursday ordered the deadlocked jury to resume deliberations on murder charges against the rock producer. Jury deliberations were suspended on Tuesday after the panel said it was split 7-5 over a verdict, without saying which way it was leaning. The panel had been deliberating for seven days.

Spector, 67, faces 15 years to life in prison if convicted of murdering actress Lana Clarkson with a gunshot through her mouth at his Los Angeles area home in February 2003.

Los Angeles Superior Court Judge Larry Fidler issued new instructions to the jury on Thursday aimed at breaking an impasse after two days of legal arguments with lawyers on both sides.

Fidler withdrew a jury instruction -- seen as central to the defense case -- that said the prosecution must prove beyond a reasonable doubt that Spector pointed a gun at Clarkson and the gun ended up inside her mouth while in Spector's hand for them to find him guilty.

Instead he told the jury they could consider a range of possible scenarios.

Jurors had reported confusion over the original instruction and Fidler agreed it "misstates the law."

The defense has argued that the 40-year-old actress, who was working as a nightclub hostess when she met Spector, was depressed over her career and finances and shot herself in the mouth, either deliberately or by accident.

Prosecutors said during the trial that even if the gun went off mistakenly, Spector could be convicted of murder because his actions showed a conscious disregard for human life.

Spector, who did not testify in his defense, is famous for pioneering the "Wall of Sound" recording technique in the 1960s and for his work with The Beatles, The Ronettes, Tina Turner and Cher.



U.S. court rejects Kerkorian appeal - Daimler
Court Watch | 2007/09/19 08:12

A U.S. federal court has upheld a lower court ruling that investor Kirk Kerkorian is not entitled to damages over the merger of Daimler-Benz and Chrysler nine years ago, DaimlerChrysler said on Wednesday. "DaimlerChrysler is pleased to announce that the Court of Appeals for the Third Circuit has unanimously affirmed the trial court's judgment dismissing Tracinda's complaint relating to the 1998 merger of Daimler-Benz and Chrysler," the company said.

Kerkorian's Tracinda investment vehicle was not immediately available for comment.

The lower court ruled in 2005 that Kerkorian had not been misled into believing the $36 billion deal was a merger of equals as the two partners had claimed.

A DaimlerChrysler spokesman said the verdict would not have any financial consequences because the company had not set aside any money in case it lost the case. It had, however, made reserves for its legal fees and court costs, he added.

DaimlerChrysler shares rose 1.4 percent to 66.79 euros by 0941 GMT, lagging a 2.1 percent gain in the DJ Stoxx European car sector index.

The transatlantic linkup between Daimler-Benz and Chrysler was one of the biggest deals in automotive history, but never lived up to its potential and was unwound this year when Chrysler was sold to buyout firm Cerberus Capital Management.

Kerkorian was Chrysler's leading shareholder when it signed the deal that former Chief Executive Juergen Schrempp boasted would form the world's first truly global carmaker.

Kerkorian, who had demanded more than $1 billion in damages, contended that Schrempp only billed the deal as a merger of equals to lower the transaction price and avoid paying shareholders a "control premium".



Mexican drug lord pleads guilty in US court
Court Watch | 2007/09/19 04:16
A notorious Mexican drug lord faces life in prison after admitting to running the feared Tijuana cartel in a US court on Monday, justice officials said. Francisco Javier Arellano-Felix, 39, will be sentenced to life without parole on November 5 after pleading guilty to running a criminal enterprise and conspiracy to launder money, officials said after a hearing in San Diego.

Arellano-Felix, nicknamed "El Tigrillo" (Little Tiger), was arrested by the US Coast Guard in August last year while fishing in international waters off Mexico's coast.

US authorities alleged he was the head of the Tijuana drug cartel, which has been blamed for the murder and torture of police officers, informants and rivals and is one of the main smugglers of cocaine into the United States.

According to Mexican authorities, Arellano-Felix was also involved in the 1993 assassination of Roman Catholic cardinal Juan Jesus Posadas Ocampo at Guadalajara airport.

The Tijuana cartel distributes illegal drugs, much of it cocaine from Colombia, to the US state of California. Authorities say the group has diversified to include amphetamines and marijuana.

A US indictment for 11 top members of the group unveiled in July 2003 charged them with racketeering, conspiracy to import and distribute cocaine and marijuana, and with money laundering.

The 2003 indictment said the Tijuana operation received multi-tonne shipments of cocaine by sea and air from other traffickers, including Colombia's rebel Revolutionary Armed Forces of Colombia (FARC), and then arranged to smuggle the drugs into the United States.

It also said the group "recruited, trained and armed groups of bodyguards and assassins responsible for protecting the leaders of the organization and for conducting assassinations of rival drug traffickers."

Arellano-Felix pleaded guilty on Monday in a deal brokered with justice officials after they indicated they would not seek the death penalty.

The narcotics kingpin also agreed to forfeit 50 million dollars he made from his drugs empire as well as a 43-foot yacht called the Dock Holiday as part of the plea agreement.

A co-defendant, Manuel Arturo Villareal-Heredia, 31 -- a senior lieutenant within the cartel -- also pleaded guilty to racketeering and conspiracy to invest and reinvest illicit drug profits.

Villareal-Heredia agreed to forfeit five million. He faces up to 30 years in prison when he is sentenced on January 7.



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