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Cho didn‘t get court-ordered treatment
Law Center | 2007/05/08 02:43

The gunman who killed 32 people at Virginia Tech failed to get the mental health treatment ordered by a judge who declared him an imminent threat to himself and others, a newspaper reported Monday.

However, neither the court nor community mental health officials followed up on the judge‘s order, and Cho didn‘t get the treatment, The Washington Post reported, citing unidentified authorities who have seen Cho‘s medical files.

Federal, state and local officials contacted Monday by The Associated Press said they had no idea whether Cho received the treatment because they are not privy to that information. School officials did not return calls seeking comment.

On Dec. 13, 2005, Cho e-mailed a roommate at Virginia Tech in Blacksburg saying that he might as well commit suicide. The roommate called police, who took Cho to the New River Valley Community Services Board, the area‘s mental health agency.

On Dec. 14, special judge Paul M. Barnett found that Cho was an imminent danger to himself and ordered him into involuntary outpatient treatment. Special justices are lawyers with some expertise and training who are appointed by the jurisdiction‘s chief judge.

The court doesn‘t follow up because "we have no authority," Teel said.

Virginia law says community services boards "shall recommend a specific course of treatment and programs" for people such as Cho who are ordered to receive outpatient treatment. It also says these boards "shall monitor the person‘s compliance."



Oregon Senate approves domestic partnership law
Law Center | 2007/05/03 06:14

The Oregon Senate passed a bill Wednesday allowing same-sex couples to enter into contractual domestic partnerships with the same state benefits as married couples. The measure covers state benefits including inheritance, child custody, and hospital visitation rights, but does not affect federal benefits for married couples. The bill passed the state House last month and now goes to Gov. Ted Kulongoski, who has said he will sign it. Kulongoski has also said he will sign a second piece of legislation protecting individuals against discrimination based on sexual orientation. That bill would ban discrimination in employment, housing, and public accommodations, and create a civil cause of action for violations of the act.

Currently, Vermont, Connecticut, California, New Jersey, Maine and Washington are the only states that recognize civil unions or domestic partnerships. The Washington State Senate passed a domestic partnership bill in March. Late last month, the New Hampshire Senate voted in favor of a bill already passed by the state House allowing same-sex civil unions. Also in late April, New York Governor Eliot Spitzer introduced a bill to legalize gay marriage in New York.



Virginia ends a loophole in gun laws
Law Center | 2007/04/30 12:55

Virginia Gov. Timothy M. Kaine issued an executive order Monday closing the loophole that allowed Virginia Tech gunman Seung-Hui Cho to purchase a firearm despite having been ordered to receive psychiatric treatment by a Virginia court in 2005. The executive order amends Virginia law so that any person who has received involuntary outpatient or inpatient mental health care will be prohibited from purchasing a firearm by having their name and record placed in a database.

Previously, only those receiving inpatient mental health care were to be listed in the database, which allowed Seung-Hui Cho to bypass the screening process. A federal law prohibits persons "who have been adjudicated as a mental defective or who has been committed to a mental institution" from possessing or receiving "any firearm or ammunition."

Legislation to improve enforcement of the National Instant Criminal Background Check System (NICS) has been introduced in the House of Representatives the past three terms, but has never become law.



Changes Urged for Student Privacy Law
Law Center | 2007/04/28 12:19

A lawmaker who also is a child psychologist wants Congress to better define when a university can release students' mental health information to their parents. Last week's massacre at Virginia Tech shows the need for such legislation, said Rep. Tim Murphy, R-Pa. Virginia Tech student Seung-Hui Cho, 23, went on a shooting spree in a dormitory and classroom building on campus, killing 32 people and himself. It is unclear what, if any, contact the university had with Cho's parents even after a professor removed him from class for violent writing and disruptive behavior.

Murphy said he would introduce a bill that would allow a university to notify a student's parents without fear of violating privacy laws if that student is deemed to be at risk of committing suicide, homicide or physical assault.

The Federal Educational Rights and Privacy Act of 1974 allows access to records in case of an emergency or to protect the health of a student. Parents also can be notified if the student consents.

But the law is written too vaguely, Murphy said in a letter to House colleagues.

"There are many examples where information was not released to parents or guardians regarding a student's mental health, which led to miscommunications and withholding of vital information that would have prevented suicides, assaults and other crimes," Murphy said.

A magistrate ordered Cho in December 2005 to have an evaluation at a private psychiatric hospital after two women complained about annoying calls from him, and an acquaintance reported he might be suicidal. An initial evaluation found probable cause that Cho was a danger to himself or others as a result of mental illness.

David Shern, president of Mental Health America, an advocacy group for people with mental illness, said Murphy's plan sounds reasonable, but he would like to see the specifics.



Ex-Justice Dept. Lawyer Under Scrutiny in Probe
Law Center | 2007/04/28 06:57

A federal task force investigating the activities of disgraced lobbyist Jack Abramoff has in recent weeks been looking into whether one of Abramoff's colleagues improperly traded favors with a Justice Department lawyer, sources familiar with the Abramoff investigation said yesterday. The lawyer, Robert E. Coughlin II, resigned on April 6 as deputy chief of staff in the Criminal Division, citing personal reasons, a department spokesman said.

"Bob gave a personal reason for his resignation," said spokesman Bryan Sierra. He stressed that Coughlin "had no involvement" in the department's investigation of Abramoff.

Coughlin had worked in the criminal division since 2005 but was recused from the Abramoff inquiry because of a longtime personal friendship with Kevin A. Ring, one of Abramoff's lobbying colleagues whose actions are under investigation, a law enforcement source said. Investigators are looking into dealings between the two in 2001 and 2002, when Coughlin worked in the Justice Department's Office of Legislative and Intergovernmental Affairs, the sources said.

Coughlin and Ring were friends on Capitol Hill in the 1990s when both worked as staffers to then-Sen. John D. Ashcroft (R-Mo.), who became attorney general in 2001.

Coughlin's resignation and the surfacing of his name in the Abramoff investigation were first reported yesterday by McClatchy Newspapers.

Investigators came across Coughlin's name while looking into whether Ring improperly sought or received favors for lobbying clients from people in government, the sources told The Washington Post.

Ring took Coughlin to sporting events with tickets provided by his lobbying firm, according to sources familiar with the inquiry.

The task force has tracked millions of dollars in meals, trips, tickets, gifts and campaign contributions that the Abramoff lobbying team lavished on lawmakers and staffers. The investigation has so far resulted in 11 convictions and guilty pleas from lobbyists, staffers, two administration officials and a congressman.

An attorney for Ring could not be reached for comment. Coughlin did not answer calls to his home yesterday, and a lawyer who is serving as his spokesman did not return phone calls seeking comment.

Coughlin is the second Justice Department official whose name has surfaced in the wide-ranging Abramoff investigation. Earlier this year, Sue Ellen Wooldridge, deputy assistant attorney general for environment and natural resources, abruptly resigned when her boyfriend -- now her husband -- was notified that he was a criminal target. J. Steven Griles, former deputy secretary of the Interior Department, has since pleaded guilty to lying to Congress about Abramoff.



New Hampshire legislature passes civil unions bill
Law Center | 2007/04/27 05:44

The New Hampshire Senate voted 14-10 Thursday in favor a bill allowing same-sex civil unions, sending the legislation on to Gov. John Lynch for signature. The bill, passed  by the state House of Representatives earlier this month, would authorize same-sex couples to enter into civil unions with "the same rights, responsibilities, and obligations as married couples." Lynch said last week that he will sign the legislation.

Currently, Massachusetts, Vermont, Connecticut, and New Jersey are the only states that recognize full civil unions. The Oregon House of Representatives approved a civil unions bill  earlier this month, and Washington's State Senate passed a domestic partnership bill last month. New York Governor Eliot Spitzer said earlier this week that he would introduce legislation to legalize same-sex marriage in New York.



Pentagon To End Talon Data-Gathering Program
Law Center | 2007/04/26 00:19

US Under Secretary of Defense for Intelligence James R. Clapper Jr. said Tuesday that the Defense Department's controversial Threat and Local Observation Notice system, or TALON database would be discontinued. Documents released by the Defense Department showed that the Pentagon labeled anti-war activities as "potential terrorist activity" and monitored students, Quakers and other anti-war groups while collecting information for the domestic terror threats database. According to a DOD statement, Clapper "does not believe merit continuing the program as currently constituted, particularly in light of its image in Congress and the media."

An NBC News report in December 2005 revealed that the military maintained the database of "suspicious incidents," including peaceful anti-war protests and groups. Vietnam war era regulations limit what information the military can collect about people and activities taking place inside the US, and the Pentagon launched an investigation into possible misuse of the program. According to DOD officials, the investigation revealed that 261 entries were improper and subject to removal. Military officials have also acknowledged that some records were kept longer than the DOD's internal 90-day policy even though the groups had been deemed not to be a threat. US Sen. Patrick Leahy (D-VT) welcomed the decision Wednesday, saying that " Talon was another costly, controversial and poorly focused venture that did not make us any safer, while taking a hefty toll in Americans' privacy and Americans' tax dollars. Without clear rules and close oversight, databases like this can easily be abused to violate the public’s constitutional and privacy rights."



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