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Criminal Defense News 09/2009



Criminal records barred from Menasha homicide trial (The Appleton Post-Crescent)
OSHKOSH The prior crimes of both a Menasha homicide suspect and the victim will be left out of evidence when the 2008 slaying case is eventually presented to a jury.

Justifiable homicide defense eyed in trial of abortion provider’s accused slayer (The Decatur Daily)
WICHITA, Kan. — The suspect in the killing of abortion provider George Tiller is in talks with a prominent attorney who represents anti-abortion protesters and has long advocated justifiable homicide as a legal defense in such cases.

Judges are being asked to squeeze more money from criminal defendants (The Enid News & Eagle)
OKLAHOMA CITY (AP) — As state courts deal with a decline in revenue, the Supreme Court has begun pressing local judges to squeeze more fines out of criminal defendants.

Defense asks for psychological evaluation in murder trial (The Record Searchlight)
The murder trial of a Redding man who potentially faces the death penalty if he's convicted is in danger of being stopped in its tracks. Attorneys representing Scott Paul Varner, 28, on Monday submitted a declaration from a defense-hired psychiatrist who expresses doubts about Varner's mental competency and his ability to stand trial. Judge William Gallagher is to rule this morning on whether ...

Legal thrills at a reading near you; Author and former criminal defense attorney Phillip Margolin will speak in ... (The Bulletin)
“Good afternoon, law offices,” says a receptionist for author Phillip Margolin, focus of Deschutes Public Library’s Celebrate Oregon Author series for the month of September. The Portland-based writer of 14 best-sellers may have stepped away from a 25-year career as an attorney back in 1996, but that didn’t mean he was going to surrender his office.

Blagojevich book blames prosecutor for his downfall - Tue, 01 Sep 2009 PST (The Spokesman-Review)
CHICAGO – Former Gov. Rod Blagojevich blames overzealous prosecutors and political enemies for his downfall in a new book that offers glimpses of both his rocky six-year tenure and his upcoming criminal defense. “The Governor” describes his arrest on widespread corruption charges that included trying to sell the U.S. Senate seat vacated by Barack Obama. In keeping with the governor’s long-held ...

Texas billionaire accused of fraud has heart test (Newsday)
CONROE, Texas (AP) — A lawyer for Texas billionaire R. Allen Stanford says his client has had a medical procedure that allows doctors to diagnose and treat certain heart conditions. Criminal defense attorney Dick DeGuerin told the Houston Chronicle he did not know the results of the heart catheterization test that was done Monday. Judy Rodriguez is a health supervisor at Conroe Regional Medical ...

Bar stabbing suspect says it was self-defense (KVLY - KXJB Fargo)
The suspect in a Grand Forks bar stabbing says he acted in self-defense.

Oregon's defense wants to play fast, aggressively (Portland Tribune)
EUGENE – Oregon has quite the track record for offense under coach Chip Kelly, but it remains to be seen what kind of defense the Ducks will play under the former offensive coordinator. Kelly ramped up the speed and intensity of the unit in spring ball and training camp, having defensive ...

American Diplomats Advocated "Nuremberg Defense" (The Huffington Post)
Two newly-obtained documents show how American diplomats during the Bush administration worked tenaciously to incorporate what is commonly known as the Nuremberg Defense into a new international convention addressing enforced disappearances.

Judge: Insuror not liable for mom's defense (Daily Record)
The insurance company that provided homeowner's coverage to a woman whose two sons were convicted of killing Randolph teenager Jennifer Ann Parks does not have to provide the mother with a defense against a wrongful death lawsuit filed by the slain girl's parents, a judge ruled today.

Criminal courts gaining in efficiency, volunteer group finds (New Orleans Times-Picayune)
A group of unpaid volunteers who monitor New Orleans Criminal District Court proceedings and their efficiency likes what it has seen in recent months.

Schwarzenegger names 9 judges in Bay Area (San Francisco Chronicle)
Gov. Arnold Schwarzenegger named nine lawyers Tuesday as Superior Court judges in Alameda, Contra Costa and San Francisco counties. In San Francisco, the new judges are criminal defense attorney Jim Collins; Andrew Y.S.Cheng, deputy chief of the U.S....

Ombudsman wins extension in impeach defense (Philippine Daily Inquirer)
The fate of the impeachment complaint against Ombudsman Merceditas Gutierrez may not be known Wednesday because the defense panel has been granted more time to study the allegations of her bias and inaction on controversial cases involving the First Couple.

Baxter Springs defense attorney arrested after client leaves office (The Joplin Globe)
BAXTER SPRINGS, Kan. — Criminal defense attorney Chris Meek was arrested Tuesday at his Baxter Springs law office by the Kansas Bureau of Investigation on suspicion of narcotics possession.

Bar stabbing suspect says it was self-defense (The Bismarck Tribune)
GRAND FORKS (AP) - The suspect in a Grand Forks bar stabbing says he acted in self-defense.

Stanford returns with leg problem rt tests, the Houston Chronicle reported (Northeast Mississippi Daily Journal)
CONROE - Allen Stanford was back in the Conroe jail infirmary Tuesday after heart tests, the Houston Chronicle reported. Dick DeGuerin, his criminal defense attorney, said Stanford was discharged from Conroe Regional Medical Center where he had a cardiac catheterization test Monday.

Defense argues lack of evidence in Henrietta beating (MPNnow.com)
Eric Johnson’s defense attorney is attempting to have charges dropped or reduced.

Judge: Insurer not required to provide defense for mom in lawsuit over slaying (Daily Record)
The insurance company that provided homeowner's coverage to a woman whose two sons were convicted of killing Randolph teenager Jennifer Ann Parks does not have to provide the mother with a defense against a wrongful death lawsuit filed by the slain girl's parents, a judge ruled Tuesday.

Federal Judge Refuses To Take New Criminal Cases (NPR)
A court clerk in Milwaukee says Judge J.P. Stadtmueller stopped taking new criminal cases after prosecutors accused him of bias and had him removed from a drug case. Observers say it's a story about politics, judicial impropriety and, possibly, hurt feelings.

Former employee of military contractor under investigation by the Dept. of Defense speaks out against former employer (WHAS TV11 Louisville)
(WHAS11) - WHAS11 first told you about Keith Shaw in late August, the Louisville defense contractor suspected of bilking the government, falsifying repairs and attempting to murder co-workers who are providing information against him.

Pfizer Agrees to Record Criminal Fine in Fraud Probe (Update1) (Bloomberg)
Sept. 2 (Bloomberg) -- Pfizer Inc. agreed to a $1.2 billion criminal fine, the largest in U.S. history, and a felony plea by a subsidiary to close an investigation into what government lawyers described as fraudulent marketing of drugs.

In affidavit, New Orleans councilwoman Shelley Midura says city shouldn't hire private lawyers (New Orleans Times-Picayune)
New Orleans City Councilwoman Shelley Midura has made it no secret that she thinks Mayor Ray Nagin violated the Home Rule Charter when he recently hired several private attorneys to advise the city, including a pair of pricey Washington law firms specializing in white-collar criminal defense.

Bar stabbing suspect says it was self-defense (The Bismarck Tribune)
GRAND FORKS (AP) - The suspect in a Grand Forks bar stabbing says he acted in self-defense.

Myanmar's Suu Kyi to file appeal in criminal case (AP via Yahoo! Singapore News)
Lawyers for detained Myanmar opposition leader Aung San Suu Kyi said they would file an appeal Thursday against the criminal conviction that put her under house arrest for 18 more months.

Myanmar's Suu Kyi files appeal in criminal case (AP via Yahoo! News)
Lawyers for detained Myanmar opposition leader Aung San Suu Kyi filed an appeal Thursday against the criminal conviction that put her under house arrest for 18 more months.

Facing indictment, attorney Eichholz keeps his defense team (The Augusta Chronicle)
SAVANNAH, GA. -- Savannah attorney Benjamin Eichholz elected Wednesday to keep his lead defense attorney despite a judge's warnings of the lawyer's potential conflicts.

Insanity defense filed in Santa Fe murders (ABC 7 El Paso)
Associated Press - September 3, 2009 9:45 AM ET SANTA FE, N.M. (AP) - A lawyer representing a 22-year-old Santa Fe man has filed an insanity defense for his client, who is accused of shooting...

Champagne appointed to bar association criminal justice committee (Adirondack Daily Enterprise)
Franklin County District Attorney Derek Champagne is now on the executive committee of the New York State Bar Association's Criminal Justice Section. Champagne said he received a letter last month informing him of his appointment, and his first meeting will be at 2 p.m. on Sept. 17 in New York City.

Insanity defense filed in SF murders (KRQE & KASA FOX 2 Albuquerque)
A lawyer representing a 22-year-old Santa Fe man has filed an insanity defense for his client, who is accused of shooting his pregnant girlfriend and her father to death in May.

DA making defense attorneys pay for paperwork (The Salt Lake Tribune)
Salt Lake County District Attorney Lohra Miller says the budget crunch has her office charging defendants in criminal cases for materials they had been getting for free.

Lawyer wants case against ex-warden's wife tossed (Tulsa World)
A defense attorney filed a motion Thursday to dismiss the criminal case against Bobbi Parker, who is charged with helping murderer Randolph Dial escape from prison in 1994.

News analysis: Self-defense? Or deadly force? (The News Herald)
Claiming self-defense did not keep three Bay County men out of jail, but it remains to be seen if the defense will work at trial. It also may be a factor for Garry Ulland, the husband whom sheriff’s investigators say beat a man he found in

Ed O’Reilly contemplating run for Kennedy’s Senate seat (North Shore Sunday)
Edward O’Reilly, the Gloucester criminal defense attorney who ran unsuccessfully against Sen. John Kerry in the 2008 Democratic primary, is weighing whether to join the race to fill the late Sen. Ted Kennedy’s seat.

Lowery: Jefferson's payment to Herenton's lawyer 'questionable' (Memphis Commercial Appeal)
High-ranking city officials are questioning City Atty. Elbert Jefferson’s decision to pay the legal fees for the criminal defense of former Mayor Willie Herenton. Mayor Pro Tem Myron Lowery said today that he believed that Jefferson’s $55,000 payment to Herenton’s attorney, Robert Spence, was questionable and that Jefferson never told him that he had been interviewed by federal ...

Town Is Riveted as Celebrity Surrogate Story Takes Criminal Turn (New York Times)
Two Ohio police chiefs were arrested on charges of conspiring to break into the house of the surrogate mother for Sarah Jessica Parker and Matthew Broderick.

Southridge opens title defense with win over West Linn (Portland Tribune)
The Southridge Skyhawks were the more polished team in an early season match-up, knocking off West Linn 35-26 to begin their defense of last year's state title. Southridge capitalized on a handful of mistakes by the Lions and used a heavy dose of Dylan Simkins to control the clock and fend off ...

COLLEGE SOCCER: Pilot women's defense remains spotless (Portland Tribune)
SEATTLE, Wash. --- Junior Elli Reed scored both goals in a 2-0 University of Portland women's soccer victory over Colorado College on Friday. The victory, which came in the opening game of the Husky/Nike Invitational at Husky Soccer Stadium, gave third-ranked UP a 4-0 record and four shutouts this ...

Brad Friedman: FBI Whistleblower: Hastert, Burton, Blunt, Other Members of Congress 'Bribed, Blackmailed' (The Huffington Post)
The broad criminal conspiracy is said to have resulted in, among other things, the sale of nuclear weapons technology to black market interests including Pakistan, Iran, North Korea, Libya and others.

Eaton's mental state declines (Casper Star-Tribune)
Convicted murderer Dale Eaton's deteriorating mental condition has made him incapable of helping in his own defense, an attorney said Friday.

British police arrest 90 after Birmingham clashes (AP via Yahoo! News)
Authorities arrested 90 people after racially charged violence erupted between a group protesting Islamic extremism and counter-demonstrators in the central English city of Birmingham, police said Sunday.

Mental state likely to be issue in Garrido trial (USA Today)
In the days before his arrest, cracks showed in the elaborate facade authorities say Phillip Garrido built to conceal the girl he kidnapped, raped and imprisoned and those cracks were of Garrido's own making.

British Police Arrest 90 After Birmingham Clashes (International Herald Tribune)
Racially charged violence erupted between a group protesting Islamic extremism and counter-demonstrators in the city of Birmingham, police said Sunday.

Clarification: Paul Murphy (Deseret News)
Paul Murphy, spokesman for the Utah Attorney General's Office, says the office was never asked to file criminal charges...

Wood Co. to hold Citizens Academy (Wisconsin Rapids Daily Tribune)
The Wood County Sheriffs Department is hosting its third Citizens Academy. The department currently is looking for people who have a desire to learn more about the Wood County Sheriffs Department and the services it provides the county. The nine-week program introduces participants to a variety of law enforcement issues including criminal investigation, emergency vehicle operation, defense and ...

New Gun Rights Suit In D.C. Tests 2nd Amend Limit (KTVA Anchorage)
(CBS) One question left unanswered by the U.S. Supreme Court's landmark Second Amendment ruling last year is this: When do law-abiding Americans have the right to carry firearms in public for self-defense?

Anti-Islamists, Opposition Clash in U.K. (CBS News)
90 Arrested as English Defense League, Counter-Demonstrators Collide in Birmingham

Judge made correct ruling in robbery case (The Phoenix)
Common Pleas Court Judge Ronald C. Nagle this week rejected a request by the attorney for Calvin Haines Jr. to have her client decertified as an adult criminal defendant and have his case transferred to the Chester County Juvenile Court, where he would be adjudicated and likely placed in a facility that would seek his rehabilitation rather than his general punishment.

New Gun Rights Suit In D.C. Tests 2nd Amend Limit (KTVA Anchorage)
(CBS) One question left unanswered by the U.S. Supreme Court's landmark Second Amendment ruling last year is this: When do law-abiding Americans have the right to carry firearms in public for self-defense?

So far, captives beating the U.S. 29 to 7 (Miami Herald)
In one federal courtroom last month, a defense lawyer argued that the U.S. military had coerced a false confession out of a 50-year-old Kuwaiti who has been at Guantánamo for seven years.




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