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Lawyers seek to stop Loughner's forced medication
Criminal Law | 2011/09/24 09:42
Lawyers for the Tucson shooting rampage suspect asked a federal court again Friday to stop his forced medication at a medical facility in a Missouri prison.

Jared Lee Loughner's lead attorney, Judy Clarke, wrote in an emergency motion that the ongoing forced medication of her client is unlawful. She said Loughner will suffer "irreparable harm" unless the prison is ordered to cease giving him a daily "four-drug cocktail," or at least start tapering him off it.

Loughner, 23, has been at the Springfield, Mo., facility since May 27 after he was found to be mentally unfit to stand trial. Experts have concluded he suffers from schizophrenia and are trying to restore his competency.

Loughner has pleaded not guilty to 49 charges stemming from the Jan. 8 shooting at a political event outside a northwest Tucson supermarket. The rampage left six people dead and 13 wounded, including Rep. Gabrielle Giffords, who is still recovering.

Prison officials have forcibly medicated Loughner with psychotropic drugs after concluding he posed a danger at the facility. Federal prosecutors have previously argued Loughner should remain medicated because his mental and physical condition has been rapidly deteriorating.

Clarke said Loughner "has an exceptionally strong interest in not being executed." But she noted it is "no secret" that the government may seek the death penalty if the case is eventually tried.


Kansas lawyer gets nearly 4 years for Texas fraud
Criminal Law | 2011/08/10 03:56
A lawyer from Kansas has been sentenced to nearly four years in prison over a $2.3 million Ponzi scheme in Texas.

A federal judge in Beaumont on Tuesday sentenced 62-year-old Clifford R. Roth of Leawood, Kan. Roth pleaded guilty March 14 to interstate transportation of money taken by fraud. Roth also must repay more than 20 investors.

Investigators say Roth in 2007 began offering an investment opportunity to purchase a bank in Oklahoma and open a branch in Beaumont. Roth instead used the funds to pay his personal expenses and early investors.






Court rules firing of NJ casino dealer unlawful
Criminal Law | 2011/08/08 09:22
A federal appeals court has sided with an Atlantic City casino dealer who says he was targeted because he was involved in union organizing.

Bally's Park Place fired Jose Justiniano in 2007. The casino claimed he misused family medical leave time by attending a pro-union rally on a day he took time off to care for his daughter.

Justiniano had been active in casino unionizing efforts.

A judge upheld the firing, but the National Labor Relations Board disagreed and said it was unlawful.

Friday's ruling by the U.S. Court of Appeals in Washington, D.C., agreed with the NLRB. It noted that Justiniano attended the rally for 20 minutes. It also said Bally's policy on family leave didn't justify the firing.

A message was left seeking comment from an attorney representing Bally's.






Ex-Schuyler teacher seeks OK to plead guilty
Criminal Law | 2011/08/01 08:54
A former Schuyler teacher accused of sending nude photos and sexually explicit text messages to a student is asking to plead guilty.

The Columbus Telegram reports that 26-year-old Jesse Harmon faces federal charges of enticing a minor in sexually explicit conduct, visual depiction of sexually explicit conduct and possession of child pornography.

According to a document filed last month, Harmon requested permission to plead guilty.

A police affidavit filed in Colfax County District Court says Harmon's texts included nude photos of himself, talk about sexual contact and requests for suggestive photos of the 16-year-old student.

A federal hearing for Harmon is scheduled for Aug. 19. He had pleaded not guilty in the state case before it was dropped.




2 ex-judges, lawyer back to prison in Miss scheme
Criminal Law | 2011/06/14 11:16
Two ex-judges and an attorney from Mississippi must return to federal prison for their convictions in a loan scheme.

A federal appeals court had vacated their bribery convictions but upheld the guilty verdicts on corruption charges. So they needed to be resentenced.

U.S. District Judge Henry T. Wingate denied requests by Paul Minor and former Harrison County judges Wes Teel and John Whitfield to be re-sentenced to time they have already served.

Wingate on Monday sentenced Minor to eight years, Teel to four and Whitfield about six — all less than previous.

Prosecutors said Minor would guarantee loans for the judges, then used cash and third parties to pay off the debts. Judges then ruled in his favor in civil cases. He has long said he is innocent and was making loans to help friends.





Court orders reconsideration of parole judgment
Criminal Law | 2011/06/13 10:16
The Supreme Court has ordered a lower court to reconsider its decision to release a criminal on parole.

The high court threw out a lower court decision ordering John Pirtle and other prisoners released from prison on parole.

Pirtle was convicted of killing his wife, and the parole board started denying him parole in 2002. Pirtle sued in federal court, saying his parole was denied without any proof that he posed a danger if he got out.

The lower courts agreed with him and ordered him and other prisoners in similar situations released on parole.

The high court threw out that decision in a summary judgment and ordered the 9th U.S. Circuit Court of Appeals in San Francisco to reconsider it.




Court for Fla. woman charged in husband's NY death
Criminal Law | 2011/05/06 01:34
Federal prosecutors have been turning up the heat on a Florida woman accused of arranging the 2009 killings of her millionaire husband and mother-in-law.

Narcy Novack of Fort Lauderdale and her brother, Cristobal Veliz of Brooklyn, N.Y., are due in court Friday morning for a status conference.

Novack and Veliz are accused of hiring others to kill Ben Novack in his New York hotel room and Bernice Novack in her Florida home.

Last month, the government added the mother-in-law's killing to the charges against Novack and Veliz. And a prosecutor said another charge — which carries the possibility of the death penalty — may be in store.

Defense attorneys suggested the prosecution was trying to force a guilty plea.

Ben Novack's father built the Fontainebleau hotel in Miami Beach, Fla.



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