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Criminal Defense News 07/2007



Defense waives time limit for prelim in fatal shooting case (Gazette Extra Sports)
CHIPPEWA FALLS, Wis. - The defense has waived a 10-day time limit for a preliminary hearing in the case of a town of LaFayette woman accused of killing her live-in boyfriend.

Judge rules Jeffs' traffic stop legal (Deseret Morning News)
A judge has ruled that the Nevada traffic stop of the vehicle carrying fugitive polygamous leader Warren Jeffs was legal and that evidence subsequently discovered by police can be used in Jeffs' criminal trial.

Couey defense disputes standards (Citrus County Chronicle)
John Couey’s lawyers are arguing that the state’s standard to determine if someone is mentally retarded and barred from execution is unconstitutional.

75 lawyers set for panel to represent indigent (Birmingham News)
Seventy-five lawyers throughout north Alabama have been chosen as the new panel of attorneys who are designated to represent indigent criminal defendants starting Monday.

State High Court Refuses To Reinstate DeLay Conspiracy Charge (KXAN 36 Austin)
The Texas Court of Criminal Appeals Wednesday refused to reinstate a conspiracy charge against former U.S. House Majority Leader Tom DeLay. Republican DeLay, who resigned from Congress last year, still faces a money laundering charge in the case in Austin.

Jury takes deliberations into second day (The New Braunfels Herald-Zeitung)
After six hours of deliberation on Wednesday, Jurors in the Roy Mack Miller Jr., retrial did not reach a verdict. The second day of Millerʼs felony manslaughter trial saw the defense rest its case without calling a witness to testify.

Israel orders defense of plea deal with former leader (USA Today)
Israel's Supreme Court delayed a plea bargain that dropped rape charges against Israel's former president, leaving only minor infractions, and women's rights activists demanded that the court scuttle the deal.

Next step in Birtzer case: Let's talk (The Chippewa Herald)
At least for now, the case of a LaFayette woman accused of murdering her live-in boyfriend is headed not for trial, but toward discussions between the prosecution and defense.

Jury takes deliberations into second day (The New Braunfels Herald-Zeitung)
After six hours of deliberation on Wednesday, Jurors in the Roy Mack Miller Jr., retrial did not reach a verdict. The second day of Millerʼs felony manslaughter trial saw the defense rest its case without calling a witness to testify.

Spy chief says he acted in defense of Cuba (Miami Herald)
A convicted Cuban spy network leader admitted in a prison interview that he was an ''agent'' for Cuba's government, but that he infiltrated South Florida to defend his homeland against alleged attacks by Miami exile ``terrorists.''

Govt must clarify Ambon incident to house: legislator (Antara News)
A member of the House of Representatives (DPR)`s Commission III, Almuzzammil Yusuf, said the government, especially the National Defense Forces (TNI), the National Police (Polri) and the State Intelligence Agency (BIN), should give a clarification about last Friday`s incident in Ambon, Maluku.

Jury takes deliberations into second day (The New Braunfels Herald-Zeitung)
After six hours of deliberation on Wednesday, Jurors in the Roy Mack Miller Jr., retrial did not reach a verdict. The second day of Millerʼs felony manslaughter trial saw the defense rest its case without calling a witness to testify.

Defense lawyer to turn doctor in if charges filed in Benoit probe (AccessNorthGA)
The attorney for the personal doctor of pro wrestler Chris Benoit said Monday he was taking his client over to the federal courthouse to be prepared in case charges are filed against the physician.

Defense lawyer to turn doctor in if charges filed in Benoit probe (AccessNorthGA)
The attorney for the personal doctor of pro wrestler Chris Benoit said Monday his client will turn himself in Monday to face federal charges in connection with a federal drug probe.

Priest pleads guilty in abuse cases (AP via Yahoo! News)
A Roman Catholic priest accused of fondling young boys pleaded guilty Monday to five counts of aggravated criminal sexual abuse and was sentenced to five years in prison.

Liberia: Taylor's Defense Writes African Leaders (AllAfrica.com)
The Association for the Legal Defense of former Liberian President, Charles Taylor, has written African Heads of State at their Ninth Ordinary Session of Assembly of the African Union currently convening in Accra, Ghana.

Gonzales says leftist propaganda successful (INQ7.net)
MANILA, Philippines -- On his first day as caretaker of the Department of National Defense, National Security Adviser Norberto Gonzales Monday slammed leftist groups for spreading “lies” about the Armed Forces -- and conceded they had been successful in their propaganda campaign.

Bush Commutes Libby Prison Sentence (Washington Post)
WASHINGTON -- President Bush spared former White House aide I. Lewis "Scooter" Libby from a 2 1/2-year prison term in the CIA leak case Monday, stepping into a criminal case with heavy political overtones on grounds that the sentence was just too harsh.

Defense lawyer to turn doctor in if charges filed in Benoit probe (WALB Albany)
ATLANTA- (AP) - The attorney for the personal physician of pro wrestler Chris Benoit said today he is taking his client over to the federal courthouse to be prepared in case charges are filed against the doctor.

Bush commutes Libby prison sentence (AP via Yahoo! News)
President Bush spared former White House aide I. Lewis "Scooter" Libby from a 2 1/2-year prison term in the CIA leak case Monday, stepping into a criminal case with heavy political overtones on grounds that the sentence was just too harsh.

Bush Commutes Libby Prison Sentence (NPR)
NPR.org , July 2, 2007 · President Bush spared former White House aide I. Lewis "Scooter" Libby from a 2½-year prison term in the CIA leak investigation Monday, delivering a political thunderbolt in the highly charged criminal case. Bush said the sentence was just too harsh.

Scooter, Part II (CBS News)
SCOOTER'S PARDON, PART II....I don't disagree with Kevin at all; Bush's decision to ignore the rule of law, disregard the criminal justice system, and overlook his own commutation guidelines shouldn't surprise anyone. The president has shown nothing but contempt for...

Playing Down DNA Evidence Contributed to Wrongful Conviction, Review Finds (New York Times)
An independent review of a criminal case against Jeffrey Deskovic found that a series of investigative and prosecutorial missteps led to a wrongful conviction.

In a Shift, Judge Demurs on Dismissing KPMG Case (New York Times)
The judge overseeing a faltering criminal tax shelter case indicated that he might not dismiss charges against indicted defendants from the accounting firm KPMG.

Bush commutes Libby prison sentence (AP via Yahoo! News)
President Bush spared former White House aide I. Lewis "Scooter" Libby from a 2 1/2-year prison term in the CIA leak investigation Monday, delivering a political thunderbolt in the highly charged criminal case. Bush said the sentence was just too harsh.

KPMG Defendants Given Time to Prove They Lack Defense Funds (Law.com)
At a hearing Monday, Southern District of New York Judge Lewis A. Kaplan did not decide whether he would dismiss criminal tax fraud charges against 12 of 16 former KPMG partners. Instead, the judge gave the ex-partners until July 9 to submit under seal evidence demonstrating that they do not have the financial means to fund a defense. He also told government attorneys to submit an estimate of how ...

Putin gives Bush new missile-defense options (Pioneer Press)
KENNEBUNKPORT, Maine - Vladimir Putin, fiercely opposed to U.S. plans for missile defense in Europe, tried out new Russian alternatives on President Bush on Monday. The two leaders, meeting at the oceanfront compound of Bush's father, sought to restart U.S.-Russian relations after months of acrimony. Last month, Putin surprised Bush in Germany by proposing a Soviet-era early warning radar in ...

Convicted killer's defense offers new evidence (Houston Chronicle)
In seeking a new trial for convicted killer Larry Swearingen, who won a stay a day before his scheduled execution, defense attorneys on Monday presented new evidence they say contradicts the state's case and proves he is innocent.

KPMG Judge Balks at Dismissal (Washington Post)
The federal court judge overseeing a criminal tax fraud case against 16 former executives at KPMG said he will not dismiss charges until he learns how the defendants were allegedly harmed by illegal government conduct.

KPMG Defendants Given Time to Prove They Lack Defense Funds (Law.com via Yahoo! Finance)
At a hearing Monday, Southern District of New York Judge Lewis A. Kaplan did not decide whether he would dismiss criminal tax fraud charges against 12 of 16 former KPMG partners. Instead, the judge gave the ex-partners until July 9 to submit under seal evidence demonstrating that they do not have the financial means to fund a defense.

As Frommer's world turns (Aspen Daily News)
Witnesses detailed alleged wrongs done to them while the defense began building its argument that there was no criminal intent during a preliminary hearing in the Peter Frommer case Monday.

Guns-in-public bill vetoed; self-defense law unchanged IMMIGRATION CHANGES (Tucson Citizen)
PHOENIX - Gun owners won't be able to lock up their pieces at public places and events that ban weapons, some Arizonans will have to watch their use of leaf blowers and a 2006 self-defense law will not be retroactively applied.

Allegations against judges bring call for investigation (Miami Herald)
Two Broward judges are facing criminal investigations, accused of accepting gifts and money from a defense attorney.

Fred W. Bennett (Baltimore Sun)
[ Age 65 ] Defense lawyer was a pioneering foe of the death penalty and tireless advocate for the less fortunate. Fred Warren Bennett, a criminal defense attorney who developed specialties in capital litigation and the rules of evidence, died Sunday in a car crash in Pasadena. He was 65.

Defense: Death appeal needs special rules (Concord Monitor)
Lawyers for Michael Addison told the state Supreme Court yesterday that the attorney general's office has it wrong: Death penalty cases are different from other criminal appeals, they said, and the court should have special rules to govern how the appeal of a death sentence would work.

Billy Lane criminal case delayed (Florida Today)
Lawyers for Billy Lane, facing DUI manslaughter charges in connection with the death of a Melbourne Beach man, are due in court Friday for the civil suit and Sept. 21 for the criminal suit against him.

Defense Says Alleged Laos Plotters Posed No Danger (CBS 13 Sacramento)
Eleven men charged with trying to overthrow Laos' communist government should be freed while awaiting trial because their plan was so amateurish that they pose no danger to anybody, defense attorneys argue in new court documents. Read Entire Criminal Complaint More Local Stories

Bush won't rule out full Libby pardon (AP via Yahoo! News)
President Bush on Tuesday refused to rule out an eventual pardon for I. Lewis "Scooter" Libby, leaving open the chance he may wipe away the former White House aide's criminal record after already erasing his prison sentence.

Bush won't rule out full Libby pardon (AP via Yahoo! News)
President Bush on Tuesday refused to rule out an eventual pardon for I. Lewis "Scooter" Libby, leaving open the chance he may wipe away the former White House aide's criminal record after already erasing his prison sentence.

Criminal charges vs. officer up in air (The Arizona Republic)
Mark Streech is still waiting for answers and resolution after being struck by an off-duty Department of Public Safety officer May 4. According to an accident report the officer may have been under the influence of alcohol and was not insured.

Worley pre-trial hearing canceled (Montgomery Advertiser)
A Montgomery County Circuit Court judge has canceled a Thursday pre-trial hearing for former Secretary of State Nancy Worley, opting to have the attorneys appear in court ready for the criminal trial Monday, a defense attorney said.

Bush won't rule out full Libby pardon (AP via Yahoo! News)
President Bush on Tuesday refused to rule out an eventual pardon for I. Lewis "Scooter" Libby, leaving open the chance he may wipe away the former White House aide's criminal record after already erasing his prison sentence.

Bush: Full Pardon for Libby Possible (Time Magazine)
President Bush on Tuesday refused to rule out an eventual pardon for I. Lewis "Scooter" Libby, leaving open the chance he may wipe away the former White House aide's criminal record

Prosecutor, defense attorney make closing arguments in McClish trial (Santa Cruz Sentinel)
In closing statements in the trial of Michael McClish on Tuesday, the prosecutor portrayed McClish as a dominant, sexually abusive man while the defense attorney told jurors evidence was lacking to convict his Ben Lomond client.

Bush's reasoning on Libby stirs sentencing debate (International Herald Tribune)
In commuting the 30-month sentence I. Lewis Libby Jr., President George W. Bush drew on the same array of arguments about the federal sentencing system often made by defense lawyers - and routinely and strenuously opposed by his own Justice Department.

Bennett’s work shaped death penalty debate (The Daily Record)
Attorneys who knew criminal defense giant Fred Warren Bennett say he was a tenacious advocate whose work will continue to impact Maryland law. Bennett, 65, was killed in a car crash last Sunday.

Indigent defense improves (The Daily Progress)
A watchdog group says Virginia’s indigent defense system is getting better, but still has plenty of room for improvement.

Home defense rights fortified (Columbian Missourian)
A new law gives more protection to homeowners who use deadly force on intruders.

Lege News: Keel named chief parliamentarian (Austin Chronicle)
From the department of "And I Am Telling You I'm Not Going," embattled House Speaker Tom Craddick has tapped Austin criminal defense lawyer and former state Rep.

San Mateo Daily Journal (San Mateo Daily Journal)
Criminal charges are stalled for the Colorado doctor who approved and filled an online Prozac subscription for a 19-year-old Stanford student who later committed suicide while his defense appeals the decision he can be tried in San Mateo County for practicing medicine without a license.




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