Court case to tackle jails' medication-assisted treatment
Legal Business | 2019/02/13 19:40
The American Civil Liberties Union of Maine started making its case in federal court on Monday against the ban on medication-assisted treatment in county jail amid the opioid crisis.

Democratic Gov. Janet Mills recently lifted the Maine Department of Corrections' ban on medication-assisted treatment. The ACLU's lawsuit filed in September argued that it's unconstitutional and harmful for Maine jails to prohibit such treatment.

Madawaska resident Brenda Smith sued, asking to continue using medication-assisted treatment to keep her opioid use disorder in remission. Smith, who is expected to report to Aroostook County Jail this year, testified Monday in U.S. District Court in Portland during a court case that is expected to last all week.

Smith wept on the stand while describing how access to the medicine is critical to stabilizing her life. ACLU lawyers said they will spend the week making the case that such access is a constitutional issue, as well as a protected right under the federal Americans with Disabilities Act.

"It makes me feel normal, like I'm a normal human being," Smith said.

Smith's lawsuit against the jail comes at a time when jails and prisons across the country are starting to provide addiction medications to inmates, as resistance from long-skeptical corrections officials appears to be loosening amid the national drug epidemic.

Attorneys for the jail have pushed back at the idea that a ban on medically assisted treatment is a violation of a prisoner's rights. Attorney Peter Marchesi, an attorney representing the jail Monday, has previously said medical staff members at the jail have the ability to manage prisoners' withdrawal symptoms.

Monday's court action also included an expert witness, Dr. Ross MacDonald, who has overseen medical care for New York City's jail system. The medical literature supports medication-assisted treatment for opioid use disorder, and it's important to have that option available to prisoners, he said.



Opera singer, husband appear in court on sex assault charge
Court News | 2019/02/12 17:40
A renowned Michigan opera singer and his husband have appeared in a Texas court to face charges of sexually assaulting another man in 2010.

University of Michigan professor and countertenor David Daniels and William Scott Walters each made an initial appearance in a Harris County court Monday and were released on $15,000 bonds. A Harris County District Attorney spokesman says they were ordered to surrender their passports.

Daniels and Walters were arrested in Ann Arbor, Michigan, last month on warrants arising from the criminal complaint of Samuel Schultz. He told The Associated Press the couple drugged and assaulted him when he was living in Houston as a 23-year-old graduate student.

Lawyer Matt Hennessy says his clients are innocent and looking forward to a court hearing on Schultz's "false claims."



Court upholds order to unseal records in brazen lynching
Areas of Focus | 2019/02/11 01:41
A historian who has spent years looking into the unsolved lynching of two black couples in rural Georgia more than 70 years ago hopes some answers may finally be within his grasp.

A federal appeals court on Monday upheld a lower court ruling to unseal the transcripts of the grand jury proceedings that followed a monthslong investigation into the killings.

Roger and Dorothy Malcom and George and Mae Murray Dorsey were riding in a car that was stopped by a white mob at Moore's Ford Bridge, overlooking the Apalachee River, in July 1946. They were pulled from the car and shot multiple times along the banks of the river.

Amid a national outcry over the slayings, President Harry Truman sent the FBI to rural Walton County, just over 50 miles (80 kilometers) east of Atlanta. Agents investigated for months and identified dozens of possible suspects, but a grand jury convened in December 1946 failed to indict anyone.

Anthony Pitch, who wrote a 2016 book on the lynching — "The Last Lynching: How a Gruesome Mass Murder Rocked a Small Georgia Town" — has sought access to the grand jury proceedings, hoping they may shed some light on what happened.


Hearing set on end to decades-old Everglades court oversight
Court Watch | 2019/02/10 01:41
A decades-old court order that oversees water quality in the Florida Everglades would end if water managers get their way.

A hearing is set Monday before Miami U.S. District Judge Federico Moreno on a motion by the South Florida Water Management District to end a decree signed in 1992. Among other things, the order sets thresholds for the amount of phosphorous in the Everglades, an ingredient in fertilizer from the vast sugar-growing regions to the north.

The water district and sugar growers say the decree is no longer needed and thwarts projects that would benefit the Everglades. The U.S. government, environmental groups and an Indian tribe disagree, saying the decree is key to pursuing potential violations. State officials seek a 120-day delay in any decision.


Spain's courts put to test by trial of Catalan separatists
Areas of Focus | 2019/02/09 01:41
Spain is bracing for the nation's most sensitive trial in four decades of democracy this week, with a dozen Catalan separatists facing charges including rebellion over a failed secession bid in 2017.

The proceedings, which begin Tuesday, will be broadcast live on television and all eyes will be focused on the impartiality of the Spanish Supreme Court.

Catalonia's separatists have attacked the court's credibility in the run-up to the trial, saying it is a puppet of the Spanish government and any ruling will be a political one that has been decided in advance.

"In reality, it's democracy itself that will go on trial," Oriol Junqueras, one of the accused, wrote from jail in reply to questions sent by The Associated Press. "We are before a trial which, through a partial investigation full of falsities and irregularities, criminalizes a political option and an ideology."

But Supreme Court president Carlos Lesmes dismisses that notion, saying the trial is the most important since Spain's transition to democracy in 1977 after the death of dictator Gen. Francisco Franco.

"This is a trial following the highest standards set by the European Union," Lesmes recently told a group of journalists.




Liberals eye 2020 takeover of Wisconsin Supreme Court
Court Watch | 2019/02/08 01:41
Wisconsin liberals hope to take a key step this spring toward breaking a long conservative stranglehold on the state's Supreme Court, in an election that could also serve as a barometer of the political mood in a key presidential swing state.

If the liberal-backed candidate wins the April 2 state Supreme Court race, liberals would be in prime position to take over the court when the next seat comes up in 2020 — during a presidential primary when Democrats expect to benefit from strong turnout.

The bitterly partisan court, which conservatives have controlled since 2008, has upheld several polarizing Republican-backed laws, none more so than former GOP Gov. Scott Walker's law that essentially eliminated collective bargaining for public workers.

If liberals can win in April and again in 2020, they would have the majority until at least 2025.

"It is absolutely critical we win this race," liberal attorney Tim Burns, who lost a Wisconsin Supreme Court race in 2018, said of the April election. "It does set us up for next year to get a court that's likely to look very differently on issues of the day like voters' rights and gerrymandering."

The court could face big decisions on several partisan issues in the coming years, including on the next round of redistricting that follows the 2020 Census, lawsuits challenging the massive Foxconn Technology Group project backed by President Donald Trump, and attempts to undo laws that Republicans passed during a recent lame-duck session to weaken the incoming Democratic governor before he took office.


Man accused of kidnapping Wisconsin girl to appear in court
Court News | 2019/02/06 18:10
A man accused of kidnapping a 13-year-old Wisconsin girl and killing her parents is scheduled to appear in court Wednesday for a preliminary hearing.

Jake Patterson, 21, is accused of killing James and Denise Closs on Oct. 15 and kidnapping their daughter , Jayme Closs, from their Barron home. Jayme escaped on Jan. 10, after 88 days.

Patterson is expected to be in the courtroom Wednesday, according to Sheriff Chris Fitzgerald. The purpose of a preliminary hearing is to determine whether there's grounds for a trial. Both sides can present evidence.

According to the criminal complaint, Patterson told investigators he knew Jayme "was the girl he was going to take" after he saw her getting on a school bus near her home. He made two aborted trips to the family's home before carrying out the attack in which he killed Jayme's mother in front of her.

In the days that followed, thousands of people volunteered to search for Jayme. Investigators believe Patterson hid Jayme in a remote cabin in Gordon, about 60 miles (97 kilometers) north of Barron, before she escaped and got help from a woman walking her dog.

Jayme told police that on the night she was abducted, she awoke to her dog's barking, then woke her parents as a car came up the driveway. Her father went to the front door as Jayme and her mother hid in a bathtub, according to the complaint. Jayme told police she heard a gunshot and knew her dad had been killed.



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