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Fourth Florida Officer Pleads Guilty in Drug Sting
Law Center | 2007/05/11 06:00
Jeffry Courtney pleaded guilty to a conspiracy charge Thursday morning, becoming the last of four former Hollywood police officers to accept responsibility for his role in a mob-style federal drug sting.

"I feel very terrible about the activities that went on," Courtney told Judge William Dimitrouleas as he entered the guilty plea for conspiring to possess a load of heroin with intent to distribute.

On Wednesday, Thomas Simcox pleaded guilty to the same conspiracy charge. The officers' punishment could range from 10 years to life in prison, with the possibility of a reduced sentence for cooperating with the government.

Two other officers pleaded guilty last month.

No other police officers are expected to be charged, according to two law enforcement sources familiar with the case.

But there is still an ongoing probe into who leaked information about the FBI sting, forcing federal agents to abort the investigation before they were able to make further arrests.

Simcox pleaded guilty to conspiring to possess a load of heroin with intent to distribute. An extortion-conspiracy charge was dropped as part of the plea deal with the officers.

All four officers cut a similar deal.

They were all accused of providing security in an FBI sting in which undercover agents posed as organized crime figures during a series of stings -- from illegal gambling to transporting narcotics.

All four have pleaded guilty to the one conspiracy count of providing protection to move more than one kilo of heroin from Miami Beach to Oakwood Plaza in Hollywood for what the officers believed were mob-connected drug dealers.

The plea comes nearly three months after Simcox and the three other officers -- Kevin Companion, Stephen Harrison and Courtney -- were arrested by federal agents.

Simcox will be sentenced July 18 and Courtney will be sentenced on July 27.

Originally, Simcox was the only one of the four cooperating with authorities. He is alleged to have worn a concealed recording device for nearly a month.

Simcox's attorney, Bruce Udolf, would not comment on the extent of his client's cooperation with authorities.

Simcox agreed to surrender his law enforcement certificate and repay the FBI $16,000. Courtney must also surrender his certificate and repay the FBI $22,000.

Officials said Simcox received $8,000 in cash for protecting the load of heroin, and a total of $16,000 during his involvement in the illegal activities.

The FBI sting, dubbed Operation Tarnished Badge, was part of a two-year probe in which the officers were accused of providing protection for what they thought were illegal gambling and drug-dealing operations.

The four were charged with conspiring to possess with intent to distribute a multi-kilo load of heroin between October and November 2006.



Ninth US Attorney claims political firing
Law Center | 2007/05/10 10:11

Former US Attorney Todd P. Graves was forced to resign from his post with the Western District of Missouri last year after he expressed a difference of opinion with the Department of Justice (DOJ) on politically sensitive cases, Graves told the New York Times Wednesday. Graves said that while he was planning to go into private practice, he did not know that his name appeared on a list of US Attorneys that the DOJ was contemplating firing. Director of the Executive Office for US Attorneys Michael Battle, the same man who informed the other eight US Attorney's fired last year of their dismissal, suggested to Graves in early 2006 that he was also going to be fired.

Graves is now the ninth known US Attorney to be fired last year for alleged political reasons. On Monday, the US Senate Judiciary Committee sent a letter to former US Attorney Bradley Schlozman to answer questions about a possible link between the firing scandal and voter fraud prosecutions. Also Monday, the US Department of Justice (DOJ) said that it would not try to block a House decision to grant immunity to former DOJ official Monica Goodling in exchange for her testimony about whether politics played a role in the dismissal of eight US Attorneys. Goodling told the committee in March that she would not speak to the committee about her role in the firings.



DC Circuit denies en banc rehearing of gun control case
Law Center | 2007/05/10 02:15

The US Court of Appeals for the DC Circuit Tuesday denied a request by the city government of Washington, DC for an en banc rehearing of the court's March decision invalidating the city's handgun ban. DC Mayor Adrian Fenty expressed disappointment with the decision, saying that "The District's gun control laws have been a critical part of the City's public safety strategy for more than 30 years. I remain deeply committed to combating gun violence and vigorously defending the laws of the District of Columbia." The city now has 90 days to file an appeal with the Supreme Court.

The city petitioned the circuit court for an en banc rehearing last month, after a 2-1 panel vote in Parker v. District of Columbia held that the Second Amendment required the court to overturn a 31-year old ban on handguns in the District of Columbia. A Republican bid to overturn the DC gun ban legislatively passed the US House of Representatives in 2004 but failed to get Senate approval.



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.



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