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Court Approves Water Project Near Mexican Border
Court Watch | 2007/04/09 01:55

An appeals court has ruled that the federal government can line a major canal with concrete to stop huge leaks, rejecting arguments that growers across the border in Mexico need the leaking water for their crops.
Proponents of lining the All-American Canal say it would save 67,000 acre-feet of water, enough to meet the needs of more than 500,000 homes in fast-growing San Diego County.

Opponents, who sued to block the project, said it would devastate farmers in the Mexicali Valley.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled in favor of a law signed by President Bush last year that orders the Bureau of Reclamation to start the project without delay.

The court's ruling lifts an injunction granted last year when opponents sued.

Although more appeals are possible, the project's supporters said they hoped Friday's decision resolves the issue.

"This is truly a Good Friday," said Daniel S. Hentschke, a San Diego County Water Authority attorney. "This is enormously important for San Diego and the entire state."

The 82-mile-long canal was completed in 1942 to carry water west from the Colorado River. It irrigates crops along both sides of the border in an area about 100 miles east of San Diego.

Opponents of the $200 million project include both environmentalists and business representatives. They said lining a 23-mile section of the canal will dry up tens of thousands of acres of Mexican farmland, allow Mexican wells to become polluted and threaten migratory birds by eliminating wetlands. That could cause significant job losses and other economic problems on both sides of the border, they said.

The court said Mexico already takes 1.5 million acre-feet of Colorado River water a year under the terms of a 1944 treaty and is entitled to no more.




Man Who Abused Puppy Sentenced to Jail
Court Watch | 2007/04/07 01:23

A man has pleaded guilty to animal cruelty charges after authorities said he told workers at a local shelter that he was getting rid of his Doberman puppy because his hands hurt from hitting it.

Isaak Gowhari, 34, of Los Angeles, was sentenced Thursday to 45 days in county jail after entering his plea to the misdemeanor counts. The judge also barred Gowhari from owning an animal for three years.

Gowhari could not immediately be reached for comment. His telephone number was unlisted.

Authorities said Gowhari came under investigation after he gave Gracie, a 7-month-old Doberman, to an animal shelter. The puppy had newly broken ribs and injuries to its legs.

"Gowhari told the animal shelter workers that he was surrendering the dog because his hands hurt from hitting the animal," said animal control Officer Ernesto Poblano.

Photos seized by investigators showed Gracie's snout taped shut and her legs bandaged.

"At times, Gowhari did get Gracie medical care for the injuries he inflicted, but he apparently did not follow up on treatments and the injuries became aggravated and did not heal," Poblano said.

Gracie recovered from her injuries and has since been adopted.



Man Pleads Guilty To Running Off With 13-Year-Old Girl
Court Watch | 2007/04/07 01:15

A 22-year-old man who ran off with his boss's 13-year-old daughter will be heading to federal prison. Eric Sanchez was arrested on a Greyhound bus in St. Louis last June when federal agents boarded their bus and pulled him and the girl off. The girl is back with her parents in Norwalk. At the time, Sanchez worked for the landscaping company owned by the girl's family.

Sanchez, a Mexican citizen, on Wednesday waived his right to a federal grand jury indictment and pleaded guilty to crossing state lines with a minor for the purpose of engaging in sexual activity.

Sanchez is expected to be sentenced June 22 to at least five years and as many as 30 in federal prison. U.S. District Judge Janet C. Hall advised Sanchez that after he completes his prison term he will be deported.

Assistant U.S. Attorney James K. Filan Jr. told the judge that the teenager admitted having a sexual relationship with Sanchez.

On June 10, Filan said the pair left Norwalk and traveled to New York City, where they boarded a bus with the intention of going to California, where they would live with Sanchez's sister.

The girl's parents contacted authorities, who quickly learned from one of her friends that she had telephoned from New York.

Filan said FBI agents were able to trace telephone calls she made to a bus station in Indiana and learned the bus was headed to St. Louis. On June 14, agents stopped the bus, boarded it and arrested Sanchez, the prosecutor said.



Executives plead guilty in prison-food bribery case
Court Watch | 2007/04/06 23:55

Two executives of a Los Angeles food company pleaded guilty in federal court Thursday to bribery charges arising from $532,000 in alleged kickbacks to Fred Monem, Oregon's recently fired prison food buyer. Pleading guilty in federal court in Eugene to bribery and tax fraud, Michael Levin, 52, and William Lawrence, 48, agreed to cooperate with government prosecutors, court papers show.

Assistant U.S. Attorney Christopher Cardani said prosecutors would recommend lenient sentences for both men, provided they continued to cooperate. Each man could face as long as 13 years in prison if maximum penalties are imposed.

Government attorneys and Levin and Lawrence agreed in a "statement of facts" document that Monem received $532,000 from L&L Inc., which the two defendants own.

"These payments were meant to influence and reward the (Oregon Department of Corrections) employee, and corruptly ensure future sales of distressed foods by L&L Inc. to ODOC," the document says.

Between July 2004 and January 2007, the Oregon prison system purchased $4.36 million worth of food from the California firm, court papers show.



Man Pleads Not Guilty In Director Crash
Court Watch | 2007/04/06 23:46

A driver arrested after the crash that killed "A Christmas Story" director Bob Clark and his son pleaded not guilty Friday to two counts of gross vehicular manslaughter while intoxicated.

Prosecutors say Hector Velazquez-Nava, 24, steered his sport-utility vehicle into the wrong lane of Pacific Coast Highway early Wednesday. Clark, 67 and his son, Ariel Hanrath-Clark, 22, died at the scene.

Velazquez-Nava had a blood-alcohol level of 0.24 percent, three times the legal limit, authorities said.

Velazquez-Nava was being held on $200,000 bail, although a federal immigration hold prevents him from posting bail. Immigration officials have said he is in the country illegally.

If convicted, he could face at least 10 years in state prison, prosecutors said.

 



Police arrest mom who forced her kids to panhandle
Court Watch | 2007/04/06 00:23

Police say an unemployed suburban mother of five found a quick way to make ends meet: turning her children into panhandlers. Antoinette Jones, 37, pleaded not guilty to endangering the welfare of a child, a misdemeanor, at an arraignment Tuesday in Yonkers, a New York City suburb. A judge issued an order that bars her from her five children, and released her without bail.

It was not immediately known where the children were placed. Police said the case was referred to Child Protective Services, but agency officials declined to comment.

Police said they discovered the panhandling when Jones' 11-year-old son was reported missing at a Pathmark supermarket Monday night.

When police arrived, Jones' 18-year-old daughter told them that her mother had made them walk several miles from their home to the supermarket, where they were told to stand outside and beg for money, police said.

The boy returned to the store several hours later; police didn't know where he had gone. The 18-year-old told police her mother frequently forced the children to beg at stores, saying they often picked up $30 to $40 at a time.



Court dismisses suit to bar use of military fort
Court Watch | 2007/04/05 17:37

The U.S. Court of Appeals for the 7th Circuit dismissed a lawsuit by the American Civil Liberties Union to stop the Defense Department from allowing the Boy Scouts of America to hold its National Jamboree every four years at Fort A.P. Hill in Fredericksburg, Va. The ACLU, suing on behalf of individual named taxpayers, had argued allowing the Boy Scouts to hold the event on public property is an unconstitutional establishment of religion, because the organization's membership is limited to those who believe in God.

The ACLU points out the Boy Scouts require members to swear an oath to "do my duty to God and my country."

The court ruled Wednesday, however, the ACLU did not show standing to bring the lawsuit.

Peter Ferrara, general counsel of the American Civil Rights Union explained the ACLU could complain about the policy to Congress or the president, but it "had no business bringing a lawsuit over it and asking the courts to step in."

The ACRU is a non-partisan legal policy organization launched in 1998 that says it is "dedicated to defending all the rights enumerated in the Bill of Rights and the 14th Amendment."

The Defense Department, which sees holding the event at the fort as a boon to military recruitment, is expressly authorized to host the event by a federal statute enacted by Congress, Ferrara points out.

Seven Presidents have attended and spoken at the jamboree, beginning with Franklin Roosevelt in 1937. President Bush spoke at the 2005 event, attended by more than 40,000 scouts. The next jamboree is scheduled for 2010 to coincide with the 100th anniversary of the Boy Scouts of America.

As WND reported in 2005, 90 members of Congress filed a federal appeals court brief declaring support for the Defense Department's sponsorship of the jamboree.


The brief asserted the Defense Department's support comes in the form of "non-religious supplies and services."

"The military's rental of forklifts and trucks, transportation and military equipment, restoration of Fort A.P. Hill after the Jamboree, and provision of other secular services is clearly 'neutral and nonideological,'" the brief said. "The only possible message that the military's aid can be viewed as conveying is that patriotism, self-reliance, physical fitness and support of the military are positive things."

Also in 2005, then-Senate Majority Leader Bill Frist, R-Tenn., introduced legislation to make sure the Boy Scouts can use government facilities for gatherings, meetings and events.

In 2004, the Pentagon settled a lawsuit by telling military bases around the world not to become direct sponsors of Boy Scout troops or Cub Scout dens. Military personnel can now sponsor Boy Scout groups only in their civilian capacity.

As WND reported, the threat of lawsuits by the ACLU has forced the BSA to pull the charters of thousands of scouting units from public schools.



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