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Doctor Pleads Guilty to Child Porn
Court Watch | 2007/07/03 06:57
A family physician in the rural northeast corner of California pleaded guilty Monday to one count of felony child pornography for secretly videotaping teenage girls during pelvic and breast exams. Owen Murphy Panner Jr., 60, used a miniature camera hidden in the breast pocket of his shirt to videotape the pelvic examination of a 15-year-old female patient, U.S. Attorney McGregor Scott said.

Panner also installed small cameras in air vents above an examination table to record a nurse practitioner performing breast and pelvic exams on a 16-year-old patient.

The recordings were made in 2001 at the Modoc Medical Clinic and were discovered three years later by hunters walking in a field, the U.S. attorney's office said. The tapes had been buried in a Tupperware-style container.

Scott said Panner admitted producing the tapes and acknowledged he kept them because he was a "pack rat." Calls to a residential number in Panner's name in Alturas went unanswered Monday.

According to state Medical Board records, Panner was a graduate of the University of California, Irvine, and had practiced medicine for 27 years. He surrendered his medical license in April 2006.

He faces up to five years in jail and a $250,000 fine when he is sentenced in September in U.S. District Court.



Georgia requests revision of river rights lawsuit
Court Watch | 2007/07/02 05:21

The state of Georgia wants Columbus Water Works to revise some language in a lawsuit the public utility plans to file in an attempt to safeguard Columbus' right to the Chattahoochee River's water. The suit to be filed in federal court against the U.S. Army Corps of Engineers seeks a guarantee that Columbus will get its fair share of water.

J. Barrington Vaught, the Water Works' local counsel in the suit, said the Georgia Environmental Protection Division and Gov. Sonny Perdue's office asked the Water Works in a June 22 telephone conference to change certain passages in the lawsuit.

Water Works is being represented by Atlanta law firm Alston & Bird. Vaught is a partner with Columbus-based Hatcher, Stubbs, Land, Hollis and Rothschild, which is representing Water Works locally.

Specifically, he said state officials were concerned about passages that can be construed as "anti-Atlanta" that allege the Corps is reserving water in Lake Lanier for municipalities near the lake, which the suit contends was not authorized by the congressional act that created the lake.

The state of Georgia is already a plaintiff in two water allocation lawsuits that have been merged with two other actions filed by Alabama and Florida. Water Works President Billy Turner and his lawyers have said those lawsuits do not focus on Columbus' particular water interests.

"The whole object of this is to try to draft a complaint that will work in harmony with the claims the state of Georgia has against the Corps of Engineers, rather than us appearing to be adverse to the interests of the state of Georgia and in particular the Atlanta area," he said.

Vaught said Water Works will change the wording of the lawsuit to try to satisfy the state.

"But at the same time we've got to continue to make certain allegations in the complaint to preserve the city's right to proceed with the lawsuit," he said.

Water Works was expected to return to Columbus Council last week asking for a resolution making the city a party in the lawsuit, which delayed the request until the the council's July 10 meeting due to the state's request, Vaught said. Columbus Council canceled its meeting for this week.

Water Works officials went before the 10-member council on June 19 requesting the resolution, but councilors asked for another week to review the lawsuit. Councilors also requested Water Works to contact Columbus' congressional delegation about the potential litigation.

Although Columbus's supply of drinking water isn't in peril, Turner has said dips in the flow could jeopardize Columbus' ability to discharge treated waste water in compliance with its state permit.

If the flow doesn't consistently meet a minimum amount required by the Water Works' waste water permit, it could cost the utility $10 million-$50 million to upgrade its treatment equipment -- an expense Turner said would raise customers' water bills.

Vaught said Thursday that although Water Works is still committed to filing the lawsuit, it is awaiting a letter from either the EPD or the governor's office detailing the state's position on Columbus' demand for a guarantee that it will get the water it needs.

"At the present time we have no assurances from anyone in the government of the state of Georgia that our concerns and needs are being taken care of," Vaught said.



Top court spares life of mentally ill killer
Court Watch | 2007/06/29 05:47

The U.S. Supreme Court ruled Thursday that Texas should not execute a severely mentally ill man because he could not comprehend why he was going to be put to death. The 5-4 ruling, written by Justice Anthony Kennedy, spared the life of Scott Panetti, 49, who murdered his former in-laws in 1992 after battling mental health problems for years.

Panetti has been on Death Row in Texas since 1995 and has been diagnosed as schizophrenic.

Panetti's lawyers and attorneys for the state said he was mentally disturbed. The question was whether he was sufficiently mentally ill that it would violate the 8th Amendment, which bars cruel and unusual punishment, to execute him.

Panetti was hospitalized for mental illness 14 times in the decade before using a shotgun to kill his former in-laws in the Texas hill-country town of Fredericksburg, as his estranged wife Sonja and her son watched.

Panetti was ruled mentally competent to stand trial, to represent himself and to be executed. Before Thursday's decision, four courts, including the 5th U.S. Circuit Court of Appeals, rejected pleas by Panetti's lawyers to spare his life.

The case presented a particularly thorny question, because evidence was introduced that Panetti was aware that he had killed Amanda and Joe Alvarado. But expert testimony was presented that Panetti, known as "the Preacher" on Death Row, believed he was going to be executed because Texas was conspiring with the devil to block him from preaching the Gospel to fellow inmates -- not because of the Alvarado murders.

Kennedy found that Panetti's execution would be inconsistent with a 1986 Supreme Court decision that a person should not be put to death if he could not perceive "the connection between his crime and his punishment."

He was joined by Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer.

Dissenting was Justice Clarence Thomas, joined by Chief Justice John Roberts Jr. and Justices Antonin Scalia and Samuel Alito Jr.

The Supreme Court sent the case back to a federal judge in Austin, Texas, to reassess Panetti's mental health in light of the decision issued Thursday. Ted Cruz, the Texas solicitor general, said he would continue to press for Panetti's execution.

The high court's decision was hailed by the National Alliance on Mental Illness, which submitted a friend-of-the-court brief, as did the American Psychological Association and the American Psychiatric Association.

"For once, law has caught up with medical science," said Ronald Honberg, NAMI's director of policy and legal affairs.

"The circumstances of this case are tragic. ... However, execution of someone who is profoundly ill would only compound the original tragedy and represent a profound injustice for us all," Honberg said.



Teen guilty in death behind mob killing
Court Watch | 2007/06/29 03:49

A teenager has pleaded guilty to a murder that sent a mob of the victim's relatives on a search for the killer, ending in the fatal beating of another man they thought was involved.

Leonard Staton, 19, pleaded guilty Thursday to killing Patrick McClendon, 20. Staton faces a minimum of 24 years in prison for second-degree murder, kidnapping, robbery and possession of a stolen firearm.

Staton called police last summer to confess to killing McClendon, his one-time friend, over 2 ounces of marijuana.

Hours before that call, a search party of McClendon's family and friends came across the victim's car, hidden among pine trees on property that belonged to the family of Tony Blakeney, 40.

The search party then turned on Blakeney, who lived at the house and was part of the search party, authorities said. Sheriff's deputies found Blakeney lying on the ground, and he died at a hospital.

Eleven men - most of them relatives of McClendon's, and all under 30 - face murder charges in Blakeney's death.

Investigators have said Blakeney had no part in McClendon's killing.



Advisory Firms' Owner Pleads Guilty
Court Watch | 2007/06/28 09:24

The owner of two Manhattan investment advisory firms pleaded guilty to criminal charges in connection with an alleged scam that bilked overseas investors out of more than $18 million, prosecutors said. The U.S. Attorney's office in Manhattan said Wednesday that Christoph Schultz-Reineke, 40 years old, pleaded guilty to one count of conspiracy, mail fraud and three counts of wire fraud. He is the owner of Results Securities Inc. and Signature Investments Inc.

Schultz-Reineke, a German citizen living in Manhattan, faces up to 85 years in prison on the charges. He is scheduled to be sentenced on Sept. 28.

"It was a tragic day for him," said Roland Riopelle, Schultz-Reineke's lawyer. "We look forward to completing the proceedings. He looks forward, at some point, to going home to Germany."

Prosecutors alleged that Schultz-Reineke and others engaged in a scheme to defraud clients of Results Securities and Signature Investments. Many of the investors were German, prosecutors said.

Schultz-Reineke and others would secretly pay significantly more than publicized in its fee schedule to individuals employed by the companies to induce clients to invest, the government said.

Prosecutors said Schultz-Reineke and others also caused to be created customer account statements and trade confirmations that falsely represented purchases and sales of securities, as well as profits and losses incurred on those trades.

Schultz-Reineke and others directed a substantial portion of the investors' money be used for purposes other than trading securities, including for the firms' operating expenses and for their personal use.



Interior official sentenced to 10 months
Court Watch | 2007/06/27 08:02

The former second-ranking official at the U.S. Interior Department was sentenced to 10 months in prison for his role in the Jack Abramoff scandal. U.S. District Judge Ellen Huvelle rejected pleas for leniency from J. Steven Griles, the former deputy interior secretary, and handed down the sentence for a felony conviction of obstructing a Senate investigation into the corrupt lobbyist, The Washington Post reported Wednesday.

Griles, the highest ranking official convicted in the scandal, pleaded guilty in March to charges of lying about his relationship with Abramoff.

"This has been the most difficult time in my life," Griles said before the verdict was announced Tuesday. "My guilty plea has brought me great shame and embarrassment. I have lost my business, my income and, most importantly, my reputation."

However, Huvelle pushed aside Griles' claims of remorse.

"You held a position of trust as number two in the Department of Interior, and I will hold you to a higher standard," Huvelle told Griles. "I find that, even now, you continue to minimize and try to excuse your conduct and the nature of your misstatements."



Two plead to selling counterfeit software on eBay
Court Watch | 2007/06/26 08:51

Two more defendants have pleaded guilty to charges of criminal copyright infringement for selling counterfeit software with a retail value of nearly $6 million on eBay Inc., the U.S. Department of Justice announced. Robert Koster of Jonesboro, Arkansas, and Yutaka Yamamoto of Pico Rivera, California, both pleaded guilty Monday in U.S. District Court for the Eastern District of Wisconsin in Milwaukee, the DOJ said in a news release. The two pleaded guilty to selling counterfeit software from Rockwell Automation.

The two will be sentenced in November, along with four other defendants who pleaded guilty in Milwaukee in April.

Rockwell Automation produces, among other products, specialized factory management software. The majority of the software applications sold by these defendants on eBay had retail prices ranging from about $900 to $11,300.

From September 2003 to September 2004, Koster offered counterfeit software in 105 or more online auctions, receiving a profit of more than $23,000, the DOJ said. The retail value of the software was more than $5 million.

From December 2003 to August 2004, Yamamoto initiated at least 92 auctions, for a profit of $6,000, the DOJ said. The retail value of the software was about $543,000.

Including Monday's pleas, the DOJ has gotten nine convictions involving eBay auctions of counterfeit Rockwell Automation software. In addition to six pleas in Wisconsin, there have been two convictions in the Eastern District of Michigan and another in the Southern District of Indiana. The combined retail value of the counterfeit software in all nine prosecutions is approximately $30 million, the DOJ said.



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