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Criminal Defense News 08/2008



Prosecution Rests, Then Terror Trial Enters Secret Session to Hear Defense Testimony (New York Times)
After prosecutors rested their case against Osama bin Laden?s former driver, the military judge closed the courtroom so the tribunal could hear defense testimony in secret.

Hamdan Trial Closed for Testimony of Two Defense Witnesses (Washington Post)
GUANTANAMO BAY, Cuba, July 31 -- The military trial of Osama bin Laden's former driver convened in a rare secret session Thursday to hear testimony from two defense witnesses that the government deemed highly classified.

First Time Offenders Given Second Chances with Help from Local Los Angeles Criminal Defense Attorney (PRWeb via Yahoo! News)
Every day, thousands of people have their cases heard in the Criminal Division of the Los Angeles Superior Courts.

Report: Anthrax suspect kills self before filing of criminal charges (CNN.com)
WASHINGTON (AP) -- A top U.S. biodefense researcher apparently committed suicide just as the Justice Department was about to file criminal charges against him in the anthrax mailings that traumatized the nation in the weeks following the September 11, 2001, terrorist attacks, according to a published report.

First Time Offenders Given Second Chances with Help from Local Los Angeles Criminal Defense Attorney (PRWeb)
Every day, thousands of people have their cases heard in the Criminal Division of the Los Angeles Superior Courts. Most of them are convicted, and suffer life-long negative consequences, thereafter. However, now there are some interesting alternatives available which present promising possibilities. A local Los Angeles Criminal Defense Lawyer has developed effective strategies for first-time ...

Prosecution Rests, Then Terror Trial Enters Secret Session to Hear Defense Testimony (The Florence Times-Daily)
After prosecutors rested their case against Osama bin Laden’s former driver, the military judge closed the courtroom so the tribunal could hear defense testimony in secret.

Defense files new motion to dismiss Danziger police shooting case (New Orleans Times-Picayune)
Defense attorneys for police officers accused of shooting at unarmed civilians on the Danziger Bridge in the aftermath of Hurricane Katrina filed a new motion on Friday asking the judge to dismiss the charges, saying prosecutors violated the secrecy of grand jury proceedings.

Judge removed from cases against 'Jena Six' teens (AP via Yahoo! Malaysia News)
The judge overseeing the criminal cases for the remaining Jena Six defendants was removed against his will Friday for making questionable remarks about the teenagers. Judge J.P. Mauffray Jr. had acknowledged calling the teens "trouble makers" and "a violent bunch" but insisted he could be impartial. Defense attorneys disagreed and asked that he be removed. Judge Thomas M. Yeager, ...

Anthony L. Ricco, Esquire, to Receive American Inns of Court's Professionalism Award for the Second Circuit (Centre Daily Times)
Anthony L. Ricco, Esquire, a well known defense attorney in the New York City criminal justice community, has been selected to receive the American Inns of Court's 2008 Professionalism Award for the Second Circuit. The award will be presented in a special ceremony at the Daniel Patrick Moynihan Courthouse in New York City, on Wednesday, September 24 at 4:00 p.m.

Kootenai prosecutor questioned over juror drug test (The Spokesman-Review)
A juror who prosecutors feared would be sympathetic to the defense in a Kootenai County criminal trial last month found himself the target of a drug inquiry that some believe was intended to get him kicked off the panel or have a mistrial declared.

Judge removed from case of remaining Jena Six defendants (Fort Worth Star-Telegram)
NEW ORLEANS — The judge overseeing the criminal cases for the remaining Jena Six defendants was removed against his will Friday for making questionable remarks about the teenagers. Judge J.P. Mauffray Jr. had acknowledged calling the teens "troublemakers" and "a violent bunch" but insisted he could be impartial. Defense attorneys disagreed and asked that he be removed. Judge Thomas Yeager, who ...

Defense wants Danziger charges tossed (New Orleans Times-Picayune)
Defense attorneys for police officers accused of shooting unarmed civilians on the Danziger Bridge after Hurricane Katrina filed a new motion on Friday asking the judge to dismiss the charges.

Lawyer for suspect in slayings wants hearing in assault closed (The Herald-Mail)
HAGERSTOWN - The defense for Douglas Wayne Pryor, who is charged with first-degree murder in the December 2007 deaths of a Smithsburg police officer and his former girlfriend, has asked that a hearing scheduled for Wednesday in an unrelated criminal matter be closed. Pryor, 29, is awaiting trial in Montgomery County in connection with Officer Christopher Shane Nicholson's shooting death and the ...

A new criminal element evolves (Mobile Press-Register)
There's probably no such thing as a good criminal. Heinous crimes were committed in the past and continue to be committed today.

Ex-Patriots safety Jones facing assault charges (MSNBC)
UNCASVILLE, Conn. - Former New England Patriots safety Tebucky S. Jones is facing criminal charges following a fight in a hotel lobby at the Mohegan Sun casino involving a woman, her boyfriend and another man.

No sex charges for SU players (The Auburn Citizen)
SYRACUSE - An Onondaga County grand jury won't bring criminal charges against three Syracuse University basketball players accused of sexually assaulting a female student, but the school said Saturday it will go ahead with its own disciplinary process.

AWOL soldier finds way to delay sex assault trial (La Salle News Tribune)
OTTAWA — An AWOL soldier accused of raping a 12-year-old Ottawa girl and fleeing the country will have his trial postponed after he filed a last-minute motion to change his defense attorney.

ANC leader challenges corruption charges (Moldova.org)
Lawyers for African National Congress President Jacob Zuma on Monday urged a court in South Africa to declare Zuma's corruption charges unlawful.The defense contend the case against their client is political, not criminal, and aimed at preventing Zuma from becoming his party's nominee for the South African presidency, CNN reported.Zuma is accused of accepting bribes from a company that won a ...

Tim James, Attorney at Law (KTRE-TV East Texas)
is a former elected District Attorney and Houston Police Officer now specializing in Criminal Defense.

Defense Presents Opening Arguments in Cottonwood Bus Crash Trial (FOX 9 News Twin Cities)
The defense will make its opening arguments Monday in the trial of Olga Marina Franco del Cid, the woman accused of causing a the school bus crash near Cottonwood, Minn. that killed four children in February.

Defense opening statements to begin today in bus trial (Pioneer Press)
WILLMAR, Minn. — The third day of testimony in the Cottonwood bus trial is scheduled to begin at 8 a.m. here at the Kandiyohi County Courthouse with opening statements from the defense.

Former Patriot Arrested At Mohegan Sun (WBZ Boston)
Former New England Patriots safety Tebucky Jones is facing criminal charges following a fight in a hotel lobby at the Mohegan Sun casino involving a woman, her boyfriend and another man.

Delaware Court Rebuffs D&O Insurer on Proportionate Defense Costs (Insurance Journal)
The Delaware Superior Court has ruled that a directors and officers insurance company must pay defense costs on behalf of its policyholder to the full policy limits against a criminal indictment alleg

Defense attorneys for Douglas Pryor asks that hearing be closed (The Herald-Mail)
The defense for Douglas Wayne Pryor, who is charged with first-degree murder in the December 2007 deaths of a Smithsburg police officer and his former girlfriend, has asked that a hearing scheduled for Wednesday in an unrelated criminal matter be closed. Pryor is expected in court this afternoon for a hearing related to that motion. Pryor, 29, is awaiting trial in Montgomery County in connection ...

Defense: Olga Franco was not at wheel when minivan hit school bus, killing 4 (Pioneer Press)
The defense reiterated claims it was Franco's boyfriend, the Mexican fugitive Francisco Sangabriel Mendoza, and not Franco who was at the wheel of the vehicle.

Flunky or war criminal? (Miami Herald)
Flunky or war criminal? Jury deliberates GUANTANAMO BAY NAVY BASE, Cuba -- The war crimes case of Osama bin Laden's driver Monday went to a Pentagon jury of six U.S. military officers asked to choose between two starkly different portrayals of Salim Hamdan -- ''al Qaeda warrior'' or ``the general's driver.''

Defense makes its case in Cottonwood bus crash trial (KARE 11 Minneapolis-St. Paul)
The defense gets to make its opening statements Monday in the trial of a woman accused of causing a fatal school bus accident

U.S. Prosecutors Feel the Heat, Want Protection (Law.com)
In the wake of three murders and the recent attack on a federal prosecutor in a New York courtroom, the National Association of Assistant U.S. Attorneys is calling for stepped-up security, self-defense training and the right to carry firearms. Additionally, the group wants secure parking for prosecutors, particularly those who handle dangerous criminal cases. "Prosecutors are on the front lines ...

Ventola may seek insanity defense (The MetroWest Daily News)
The lawyer for a Milford man accused of killing his wife last year is weighing an insanity defense.

WSVN legal contributor, Broward Public Defender Finkelstein facing first electoral challenge (Sun-Sentinel)
Incumbent Broward Public Defender Howard Finkelstein will face his first electoral test this month as criminal defense attorney Alex Arreaza challenges him in the Democratic primary.

Kidnap Suspect Rockefeller Could Have Criminal Past (Fox News)
Detectives are investigating whether the man charged with kidnapping his 7-year-old daughter is hiding a criminal past, one that might involve murder.

Criminal justice committee may be formed (Clinton Herald)
CLINTON — Clinton County Sheriff Rick Lincoln appeared before the Board of Supervisors to discuss the need for a Clinton County Criminal Justice Coordinating Committee during Monday's regular meeting.

DIA's new mission adds to intel arsenal (Lexington Herald-Leader)
The Defense Intelligence Agency, long a home for intelligence analysis, is joining the spy vs. spy game. DIA joins just three other military organizations authorized to carry out offensive counterintelligence operations- the Army Counterintelligence office, the Navy Criminal Investigative Serve and the Air Force office of Special Investigations. The classified operations will be carried ...

Once just analysts, Defense Intelligence Agency now disrupting, thwarting foreign intelligence (Minneapolis-St. Paul Star Tribune)
WASHINGTON - The Defense Intelligence Agency, long a home for intelligence analysis, is joining the spy vs. spy game.

Mistake allows career criminal to walk out of Collier jail (Naples Daily News)
A career criminal was mistakenly let out of the Collier County jail 61⁄2 hours after his bond was revoked. The mistake happened when two jail employees failed to notice bond revocations for two felony drug cases and freed the inmate after he posted $2,000 bond for a misdemeanor trespassing case.

Defense Rests in Franco Trial (KAAL Austin)
(ABC 6 NEWS) - The defense has rested in the case of a woman accused of causing a fatal bus cras near Cottonwood. The court is in recess until Wednesday at 8 a.m. when the state will call at least two rebuttal witnesses.

Four vie for Criminal Court judgeship (Memphis Commercial Appeal)
Criminal Court Judge John Fowlkes Jr. has worked in public office for some 30 years, but he's about to face voters for first time in his career.

Defense Intelligence Agency gets permission for offensive counterintelligence (Fort Worth Star-Telegram)
WASHINGTON — The Defense Intelligence Agency, long a home for intelligence analysis, is joining the spy vs. spy game. DIA joins just three other military organizations authorized to carry out offensive counterintelligence operations — the Army Counterintelligence office, the Navy Criminal Investigative Service and the Air Force office of Special Investigations. The classified operations will be ...

D.A. refutes notion of 'criminal activity' alleged by defense (The Topeka Capital-Journal)
Shawnee County District Attorney Robert Hecht has replied to a motion filed by the defense attorney for a Topeka police officer charged with wounding two brothers during an off-duty confrontation.

Low pay hurts defense of death row inmates, witnesses tell commission (Baltimore Examiner)
Death row inmates may suffer arbitrary executions because defense attorneys are crippled by low pay and limited resources, witnesses testified before the Maryland Death Penalty Commission on Tuesday in Annapolis.

Government made military engineer's life a living hell because of his faith, Defense Department report documents (Jewish World Review)
J ETROIT— A Detroit-area military engineer accused in 1997 of passing secrets to the Israelis was targeted because of his Orthodox Jewish faith, the Defense Department's Office of Inspector General said in a report.

Young's defense fund gets $54,000, spends it (Anchorage Daily News)
WASHINGTON -- Old friends, along with fishing and construction-related companies, gave Alaska Rep. Don Young $54,000 to help pay legal expenses connected to a federal criminal probe, according to a disclosure form filed with the House of Representatives.

Young's defense fund gets $54,000, spends it (Anchorage Daily News)
WASHINGTON -- Old friends, along with fishing and construction-related companies, gave Alaska Rep. Don Young $54,000 to help pay legal expenses connected to a federal criminal probe, according to a disclosure form filed with the House of Representatives.

Tenn. church rampage suspect eyes insanity defense (AP via Yahoo! News)
An unemployed truck driver accused in a fatal church shooting plans an insanity defense for the rampage that left two people dead and six wounded, his lawyer said Wednesday.

Tenn. church rampage suspect eyes insanity defense (Las Vegas Sun)
Wed, Aug 6, 2008 (10:15 a.m.) An unemployed truck driver accused in a fatal church shooting plans an insanity defense for the rampage that left two people dead and six wounded, his lawyer said Wednesday.

Tenn. church rampage suspect eyes insanity defense (USA Today)
An unemployed truck driver accused in a fatal church shooting plans an insanity defense for the rampage that left two people dead and six wounded, his lawyer said Wednesday.

NAACP Legal Defense Fund Unveils New Strategy to Protect Voter Rights This November (PR Newswire via Yahoo! News)
Today the NAACP Legal Defense and Educational Fund, (LDF), today unveiled its new comprehensive non-partisan voter awareness program, "Prepared to Vote."

McPhail files motion with governor: Dismiss petition for Kilpatrick's ouster (Detroit Free Press)
Detroit Mayor Kwame Kilpatrick could undermine the defense in his criminal case if forced to submit evidence in any removal hearing held by Gov. Jennifer Granholm, the mayor's general counsel wrote in a motion today.

Mayor's argument: Removal hearing would imperil criminal defense (Detroit Free Press)
Gov. Jennifer Granholm should wait until a criminal case against Detroit Mayor Kwame Kilpatrick plays out before considering ouster proceedings, the mayor's general counsel wrote Wednesday in a move to halt any removal.

e-Filing for criminal cases starts today (The Daily Record)
Nearly five and a half years after Maryland’s federal court became one of the first in the nation to require electronic filing for civil cases, today it will become one of the last to extend that policy to criminal cases.




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