Court upholds removing man from death row
Areas of Focus | 2013/01/22 17:59
The Pennsylvania Supreme Court has upheld a lower court ruling that a Pittsburgh-area man who stabbed his wife then dismembered her body should not be on death row because his low IQ makes him mentally disabled.

Allegheny County Judge Lawrence O'Toole ruled in 2010 that 61-year-old Connie Williams should, instead, serve life in prison. The justices agreed in a decision Tuesday.

Williams was convicted and sentenced to death in 2002 for the 1999 killing of Frances Williams, whose head, hands and feet he cut off.

Attorneys for the Federal Community Defender Office in Philadelphia filed a motion in 2008 seeking to vacate the death sentence.

Williams had previously served seven years in prison for the 1974 stabbing murder of his girlfriend's landlord.

It was not immediately clear if county prosecutors will appeal to federal court.


High court to hear appeal in case of jilted woman
Headline Legal News | 2013/01/19 19:01

The Supreme Court will hear an appeal from a jilted woman who was convicted under an anti-terrorism law for spreading deadly chemicals around the home of her husband's mistress.

The justices said in an order Friday that they will revisit the case of Carol Anne Bond, a Pennsylvania woman who was given a six-year prison term for violating a federal law involving the use of chemical weapons.

In 2011, the court unanimously sided with Bond to allow her to challenge her conviction despite arguments from federal prosecutors and judges that she shouldn't even be allowed to appeal the verdict. Lower courts subsequently rejected the appeal.

Bond, from Lansdale, Pa., near Philadelphia, says she is in prison over a domestic dispute that resulted in a thumb burn for a onetime friend who became her husband's lover. Bond was convicted in federal court of trying to poison the woman by spreading toxic chemicals around her house and car and on her mailbox.

Her argument is that the case should have been dealt with by local authorities, as most crimes are. Instead, a federal grand jury indicted her on two counts of possessing and using a chemical weapon. The charges were based on a federal anti-terrorism law passed to fulfill the United States' international treaty obligations under the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction.



Lawyer questions memory of Philadelphia accuser
Legal Business | 2013/01/18 19:01

A longtime heroin addict whose complaint helped imprison a Philadelphia archdiocese official came under attack Wednesday, as jurors in a priest-abuse trial learned that he had given three different locations for one alleged rape.

Defense lawyers questioning the gaunt, 24-year-old policeman's son poked several holes in his accounts, some of which he attributed to years of heavy drug use.

The man said he as "semi-comatose ... but standing" when he first spoke with a church investigator in 2009.

The witness, with prompting from a counselor, had called the archdiocese from a drug clinic, ultimately reporting that two Roman Catholic priests and ex-teacher Bernard Shero had sexually assaulted him in about 1999.

Shero, 49, of Levittown, and the Rev. Charles Engelhardt, 66, of Wyndmoor, are on trial, fighting the charges. Now-defrocked priest Edward Avery is in prison after pleading guilty.

During cross-examination Wednesday, Shero's lawyer said the accuser has said over the years that the teacher raped him in his sixth-grade classroom, near a trash bin outside an apartment complex and in the parking lot of a city park.

The accuser explained that he was high when he spoke to the church investigator in a car outside his parents' house, and doesn't remember much of the conversation.



Djokovic back on his favorite court in Australia
Legal Topics | 2013/01/17 06:31
Same Grand Slam, same court, same result. Only the year was different for Novak Djokovic — and the amount of time he needed on the bright blue hard surface at Rod Laver Arena.

The Australian Open defending champion took his first step toward winning his third consecutive title at Melbourne Park — and fourth overall — with a 6-2, 6-4, 7-5 win over Paul-Henri Mathieu of France on Monday.

The match lasted 1 hour, 42 minutes, more than four hours faster than when the Serbian star was last on center court, his victory in last year's final over Rafael Nadal in a 5-hour, 53-minute marathon.

The win ran Djokovic's winning streak at Melbourne to 15 matches and his overall win-loss record to 33-5. It's no wonder Djokovic calls the Australian Open, site of his first of five Grand Slams in 2008, his favorite major.


Lohan lawyer in NYC courthouse in nightclub case
Headline Legal News | 2013/01/11 09:06
Lindsay Lohan's attorney has gone to a New York City courthouse in connection with the actress's alleged fight at a Manhattan nightclub.

Lohan was arrested on a charge of misdemeanor assault in the Nov. 29 incident at the club Avenue.

Office of Court Administration spokesman David Bookstaver said Monday that a criminal complaint has not been drawn up at this time. He says paperwork will be signed but no hearing will be held.

The "Mean Girls" and "Liz and Dick" star allegedly struck a woman in the face during an argument.

At the time of her arrest, her attorney, Mark Heller, said Lohan was "a victim of someone trying to capture their 15 minutes of fame."


Court weighs warrantless blood tests in DUI cases
Legal Business | 2013/01/10 03:54
The Supreme Court is considering whether police must get a warrant before ordering a blood test on an unwilling drunken-driving suspect.

The justices heard arguments Wednesday in a case involving a disputed blood test from Missouri. Police stopped a speeding, swerving car and the driver, who had two previous drunken-driving convictions, refused to submit to a breath test to measure the alcohol level in his body.

The justices appeared to struggle with whether the dissipation of alcohol in the blood over time is reason enough for police to call for a blood test without first getting a warrant.

In siding with defendant Tyler McNeely, the Missouri Supreme Court said police need a warrant to take a suspect's blood except when a delay could threaten a life or destroy potential evidence.


Ohio schools officer to plead guilty to sex charge
Headline Legal News | 2012/12/27 09:25
A former Ohio school resource police officer is pleading guilty to a charge that he coerced sexual behavior from minors.

A federal judge had called Todd Smith's alleged actions "violence of the worst sort" earlier this year after listening to a prosecutor and FBI agent read sexually graphic text messages Smith exchanged with two 15-year-old girls at a Columbus high school.

Smith's attorney Sam Shamansky said Wednesday that Smith will plead guilty to one count of using a cell phone to entice two underage minors to engage in sexual activity.

Columbus federal judge Algenon Marbley has not set a court date for Smith's plea hearing.


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