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Criminal Defense News 08/2009 (Page 3)



Suspension lifted for contractor tied to Murtha (AP via Yahoo! News)
Despite a growing corruption investigation, the Navy has allowed a defense contractor in the middle of a federal contracts-for-cash probe to keep working with the government.

Defense contractor tied to Murtha removed from list of companies barred from government work (The San Francisco Examiner)
WASHINGTON — A defense contractor with longtime ties to Rep. John Murtha will now be able to get new government work following a favorable ruling from the U.S. Navy.

Gun Rights Don't Apply In Domestic Violence Cases? (CBS News)
By 2-1 Margin, Federal Appeals Court Rules A Criminal Defendant Can't Present A Second Amendment Defense To A Jury

Lawyer in contempt for untrue statement (Knoxville News Sentinel)
In a harshly worded ruling, a federal judge has declared Knoxville defense lawyer James A.H. Bell in criminal contempt of court for claiming he had met with a former client when he had not done so.

No love for defense during jury selection (Knoxville News Sentinel)
NASHVILLE - These potential jurors were willing to give torture slaying suspect Letalvis Cobbins the benefit of the doubt, but many were not so charitable about his defense team.

Ontario County conviction complicates Garcia's Monroe County trial (Rochester Democrat and Chronicle)
Frank Garcia's murder convictions in Ontario County could become an issue for his forthcoming trial in connection with two slayings in Brockport, both prosecutors and defense lawyers say.

What is lawful self-defense? (Northeast Mississippi Daily Journal)
Most people who buy a firearm for self-defense are never confronted by a likely attacker. A few are, though, and they have to make split-second decisions that can change their lives and many others forever.

‘Kid criminals’ study casts S.C. in unflattering light (Anderson Independent-Mail)
South Carolina has no minimum age when trying youths in the adult criminal justice system.

Texas judge in death row appeal faces charges (MSNBC)
Denying the rights of a condemned man is among five judicial misconduct charges that Judge Sharon Keller, the presiding judge of the Texas Court of Criminal Appeals, is up against.

Johnson City manager testifies in former city employee's trial (Kingsport Times-News)
Attorneys for a former city employee charged with official misconduct, theft over $60,000 and 20 counts of forgery in an alleged longrunning scheme lost a bid to the have the charges dismissed Friday in Washington County Criminal Court.

Cobbins' defense wants to stop execution (Knoxville News Sentinel)
When torture slaying suspect Letalvis Cobbins’ trial gets under way today, his defenders won’t be trying to spare him a prison term. They’ll be trying to save his life.

NYC Man Shot By Store Owner In Harlem Free On Bond (WCBS-TV New York)
One of four men shot by a Harlem store owner during an attempted burglary is free on $60,000 bond. Defense lawyer Scott E. Leemon said Monday his client Shamel McCloud pleaded not guilty to robbery charges in Manhattan Criminal Court over the weekend.

NYC man shot by store owner free on bond (Newsday)
NEW YORK (AP) — One of four men shot by a Harlem store owner during an attempted burglary is free on $60,000 bond. Defense lawyer Scott E. Leemon said Monday his client Shamel McCloud pleaded not guilty to robbery charges in Manhattan Criminal Court over the weekend. McCloud, who's 21, was released from the hospital on Saturday. He and three other men were shot by 72-year-old Charles Augusto Jr. ...

MAN SHOT DURING HARLEM BURGLARY OUT ON BOND (New York Post)
One of four men shot by a Harlem store owner during an attempted burglary is free on $60,000 bond. Defense lawyer Scott E. Leemon said Monday his client Shamel McCloud pleaded not guilty to robbery charges in Manhattan Criminal Court over the...

Ex-Goldman Sachs Programmer Aleynikov to Seek Dismissal of Case (Bloomberg)
Aug. 17 (Bloomberg) -- Former Goldman Sachs Group Inc. computer programmer Sergey Aleynikov , who was charged last month with stealing sophisticated trading software, wants a dismissal of his criminal case.

Ex-Goldman Sachs Programmer Aleynikov Wants Dismissal (Update1) (Bloomberg)
Aug. 17 (Bloomberg) -- Former Goldman Sachs Group Inc. computer programmer Sergey Aleynikov , who was charged last month with stealing sophisticated trading software, wants his criminal case to be dismissed.

Arraignment delayed in Nevada casino debt case (AP via Yahoo! Finance)
Arraignment was postponed in a $1 million casino debt case for a software designer who alleged Nevada Gov. Jim Gibbons took bribes from a Reno-based defense contractor.

Judge on trial after refusing to accept death row appeal (CNN)
The presiding judge of the Texas Court of Criminal Appeals went on trial Monday, facing misconduct allegations over her refusal to accept a last-minute filing to delay an execution.

Texas Judge Goes to Trial Over Execution (New York Times)
The highest-ranking criminal judge in Texas sat at a defense table Monday to face charges of intentionally denying a condemned man access to the legal system.

Steelers defense not celebrating rookie's TD runs (Newsday)
LATROBE, Pa. (AP) — The Pittsburgh Steelers fielded the NFL 's best defense the last two seasons, so they don't like it when anyone scores against them. Even a teammate. So when rookie free agent Isaac Redman spiked the ball after scoring five times in seven attempts during a goal-line drill, three times against a majority of the starters, players such as James Harrison , Troy Polamalu and ...

Va. Lawmakers to Address High Court Ruling on Forensic Analysts (Washington Post)
In July, the month after the Supreme Court ruled that experts' signed certificates alone are not enough to prove that suspected illicit drugs really are illicit drugs, defense attorneys in Virginia subpoenaed drug analysts 925 times. In July 2008, that number was 43.

Steelers defense not happy with rookie's scoring (The Tribune-Democrat)
LATROBE — The Pittsburgh Steelers fielded the NFL’s best defense the past two seasons, so they don’t like it when anyone scores against them. Even a teammate.

Redman has Steelers defense seeing red (Observer-Reporter)
This article has been read 0 times. LATROBE - The Pittsburgh Steelers fielded the NFL's best defense the last two seasons, so they don't like it when anyone scores against them. Even a teammate.

Judge on trial for refusing death row filing (CNN)
Judge Sharon Keller, who presides over the Texas Court of Criminal Appeals is on trial for misconduct, accused of refusing to keep the court open after 5 p.m. for a last-minute derath row filing. She was at home, meeting a repairman. Michael Wayne Richard was executed that night.

Cargo ship 'was hijacked by pirates' (CNN)
A Russian-crewed cargo ship that went missing for more than two weeks was hijacked by pirates, Russia's defense minister said Tuesday.

GOLDMAN GEEK SEEKS RELEASE (New York Post)
Former Goldman Sachs computer programmer Sergey Aleynikov, who was charged last month with stealing sophisticated trading software, wants his criminal case dismissed. At a hearing in Manhattan federal court on last week, defense attorney Sabrina...

Steelers defense not celebrating rookie’s TD runs (Cumberland Times-News)
The Pittsburgh Steelers fielded the NFL’s best defense the last two seasons, so they don’t like it when anyone scores against them. Even a teammate.

Amazon Defense Coalition: Chevron Suffers Further Setbacks in $27 Billion Ecuador Environmental Trial (Business Wire via Yahoo! Finance)
LAGO AGRIO, Ecuador----An Ecuadorian trial judge dealt Chevron another setback when he fined the company's local counsel for trying to delay the end of a $27 billion environmental trial and referred a court-ordered report to Ecuador's national prosecutor for possible use in a criminal prosecution of the company, according to court papers made available this week.

Texas Judge Goes to Trial Over Execution (New York Times)
The highest-ranking criminal judge in Texas sat at a defense table Monday to face charges of intentionally denying a condemned man access to the legal system.

Steelers Defense Not Celebrating Rookie Redman's TD Runs (WPXI Pittsburgh)
The Pittsburgh Steelers fielded the NFL's best defense the last two seasons, so they don't like it when anyone scores against them. Even a teammate.

Defense: Alleged Colo. Springs kidnapper was drunk (KRDO Colorado Springs)
Associated Press - August 18, 2009 12:54 PM ET COLORADO SPRINGS, Colo. (AP) - A defense lawyer says a Colorado Springs man accused of beating, binding and kidnapping a woman was drunk and...

Defense: Alleged Colorado Springs kidnapper was drunk (KOAA-TV Colorado Springs - Pueblo)
A defense lawyer says a Colorado Springs man accused of beating, binding and kidnapping a woman was drunk and trying to get a ride.

Canal Fulton mayor will not face criminal charges (The Canton Repository)
Canal Fulton Mayor John Grogan will not faces criminal charges for an Aug. 8 scuffle with two other men, according to Massillon city prosecutors.

Defense: Alleged Kidnapper Was Drunk, Trying To Get Ride (KMGH 7 Denver)
A defense lawyer said a Colorado Springs man accused of beating, binding and kidnapping a woman was drunk and trying to get a ride.

Defense: Alleged Colo. Springs Kidnapper Was Drunk (CBS4 Denver)
A defense lawyer says a Colorado Springs man accused of beating, binding and kidnapping a woman was drunk and trying to get a ride. Both sides made opening statements Monday in the trial of 42-year-old Timothy Allen Clapp, charged with kidnapping, robbery, assault, car theft and being a habitual criminal.

Baghose criminal trial begins (AccessNorthGA)
GAINESVILLE - The trial of theft and fraud defendant Charlotte Baghose began Tuesday afternoon in Hall Superior Court. After a separate jury found her competent to stand trial, another jury was selected and by 4:00 p.m. Baghose’ criminal trial began before Senior Judge John Girardeau.

Criminal Justice Center guards left without pay in salary dispute (Memphis Commercial Appeal)
Andre Jones sees himself as part of the first line of defense at the Criminal Justice Center. The security guard stands near the door like a traffic cop, waving employees through, turning others away, and screening people for prohibited items.

County judges propose evidence sharing (The Elyria Chronicle-Telegram)
ELYRIA — The judges who hear felony criminal cases in Lorain County have proposed a new rule that would require prosecutors and defense attorneys to share more information before trials. The idea, commonly known as “open discovery,” would see prosecutors providing witness statements to defense attorneys before a trial. Under the current trial rules, defense attorneys [...]

State Wants To Join Criminal Cases Against Stinson (WLKY Louisville)
Prosecutors are asking a judge to join two criminal cases involving a Pleasure Ridge Park High School football coach who's accused in the death of one of his players.

Blagojevich adds another attorney to defense team (Chicago Tribune)
Former Gov. Rod Blagojevich today added yet another attorney to his legal defense team. Following a court hearing, veteran Chicago attorney Allan Ackerman said he will be joining the team to assist in reviewing millions of pages of documents and listening to hundreds of hours of secretly recorded conversations that make up the government case against Blagojevich. Ackerman described his role as a ...

Texas judge stands by closing ahead of death-row appeal (USA Today)
Texas Judge Sharon Keller today stood by her decision to not keep her court open to accept a last-minute appeal from death row, saying that defense attorneys had "all day" to file and that she would do the same thing again. On Sept. 25, 2007, Keller, chief judge of the Texas Court of Criminal Appeals, got a call at 4:45 p.m. asking to keep the court open past 5 p.m. Michael Richard was scheduled ...

Lawyers, Journalists Ask U.S. Supreme Court to Review Voir Dire Closing (Law.com)
Georgia defense lawyers and a journalists' rights group are backing a convicted drug defendant who has asked the U.S. Supreme Court to review a Georgia high court decision upholding the closure of jury selection to the public. The Georgia Association of Criminal Defense Lawyers claims U.S. courts have "chipped away" at the public's right to observe jury selection in criminal trials, despite U.S. ...

Self-defense fundamental - Thu, 20 Aug 2009 PST (The Spokesman-Review)
In Sara Leaming’s piece on gang violence in Grant County (“Drawing a line,” Aug. 8), law-abiding Shawana businessman Larry Davis is described as being “prepared to take the law into his own hands” because he keeps a gun for self-defense.

Psych defense planned (Worcester Telegram & Gazette)
WORCESTER - One of two men accused of committing a double murder two years ago in Dudley is raising a psychiatric defense.

Event drives home consequences of driving drunk (The Wichita Eagle)
As a former defense lawyer and legislator and now a judge, Phil Journey has seen how people hurt themselves by drinking and driving. "I want people to know that even on a first-offense DUI, it will affect their lives for years," said Journey, now a Sedgwick County District Court judge who handles criminal and traffic cases.

Defense challenges details of girl's story (The Hawk Eye)
Defense attorney Alan Waples raised some inconsistencies in the testimony of a 17-year-old girl, who is the alleged victim of kidnapping and rape, during the second day of trial involving Chad William Curry.

Prosecutors' Ethical Duty to Reveal Information Favorable to Defense is Broader Than Constitution Demands, Says ABA ... (American Bar Association)
CHICAGO, Aug. 20, 2009—Prosecutors face a stronger duty to disclose information that might help defendants fight criminal charges under American Bar Association Model Rules of Professional Conduct than they do under the U.S. Constitution. But they are not obliged to search for information favorable to the defense.

NY lawyer guilty of witness tampering in drug case (AP via Yahoo! News)
A high-profile criminal defense attorney was convicted Thursday of plotting with a South American businessman to use bribes and violence to silence witnesses in the client's drug-trafficking case.

Lawyer Convicted of Plan to ‘Neutralize’ Witnesses (Update3) (Bloomberg)
Aug. 20 (Bloomberg) -- Robert Simels, a New York criminal defense lawyer, was convicted by a jury of a scheme to “eliminate” and “neutralize” federal witnesses slated to testify against one of his clients.

Third Doctor Testifies That Convicted Child Killer Can't Assist Defense Team (KESQ Palm Springs)
INDIO - A convicted killer accused in the kidnap-slaying of a 10-year-old Beaumont boy cannot rationally assist his defense team because he makes decisions based on delusions, a doctor testified Thursday.




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