North Dakota woman who brought raccoon to bar gets probation
Court News | 2022/12/24 02:41
A woman who brought a wild raccoon into a bar earlier this year will spend a year on probation.

On Tuesday, Erin Christensen of Maddock, 38, pleaded guilty to misdemeanor charges of providing false information to law enforcement, tampering with evidence and unlawful possession of a live furbearer, reported the Bismarck Tribune.

Northeast District Judge Donovan Foughty gave her a suspended six-month jail sentence and a year on probation. He also ordered her to pay $1,100 in fines and fees.

She faced a maximum sentence of about two years in jail and $7,500 in fines.

According to court documents, Christensen said her family found the raccoon, nicknamed Rocky, on the side of a road and was nursing it back to health when she brought it into the bar on Sept. 6. A bartender said Rocky didn’t got loose nor did he bite anyone but state health officials still issued a warning about potential rabies exposure.

Authorities arrested Christensen on Sept. 14 after serving several search warrants in and around Maddock to find her and the raccoon. According to court documents, she wouldn’t disclose Rocky’s location.

Keeping a wild raccoon as a pet is illegal under state law — as is keeping a bat or skunk because they are known carriers of rabies, according to North Dakota’s Game and Fish website. Authorities ultimately euthanized the racoon, who tested negative for rabies.

Christensen has said Rocky’s fate has left her family traumatized.


Canada condo killer faced possible eviction before shooting
Attorney News | 2022/12/20 21:12
A suburban Toronto man who was killed by police after authorities say he fatally shot five people in his condominium building, including three members of the condo board, had a court hearing scheduled for the next day to determine if the building’s management could evict him.

Francesco Villi, 73, attacked neighbors on three floors of his building on Sunday night, killing three men and two women and wounding a sixth person, a 66-year-old woman who is expected to survive, according to police. One of the officers who responded to a call about an active shooter inside the building in the suburb of Vaughan shot and killed Villi, authorities said.

The attack happened the day before a scheduled online court hearing in which lawyers for the condominium corporation were set to argue that it should be allowed to evict Villi because he had spent years harassing building employees, board members and other neighbors. In court documents, the building’s lawyers said Villi ignored court orders to end the harassment and stop posting online about a longstanding dispute he had with the condo’s management.

Villi long claimed in videos posted on social media and in court documents that vibrations, noises and emissions from the building’s electrical room under his unit were making him sick, and that board members and the building’s developer were to blame.

According to court documents, at least two condominium managers quit because of him, and security guards quit or changed shifts to avoid him. Residents also said Villi would swear at them and film them.


US trustee, media challenging secrecy in FTX bankruptcy
Court News | 2022/12/16 20:08
Attorneys for the U.S. bankruptcy trustee in Delaware and several major media outlets are challenging an effort by cryptocurrency exchange FTX to withhold names of the company’s customers and creditors from the public.

At a brief hearing Friday, the judge presiding over the FTX bankruptcy granted a motion by media outlets to intervene for the purpose of objecting to the sealing of creditor information.

A separate objection by the U.S. trustee, the government watchdog that oversees Chapter 11 reorganizations, also was on the agenda for Friday’s hearing but was postponed by Judge John Dorsey until Jan. 11, when he likely will also hear arguments from the media.

In a court filing earlier this week, an attorney for Delaware’s acting U.S. trustee noted that “disclosure is a basic premise of bankruptcy law.”

“The debtors simply cannot seek bankruptcy protection and then do business behind a shield of secrecy” Juliet Sarkessian wrote. Sarkessian warned that allowing FTX to shield creditor lists and financial schedules would be a “slippery slope” and create an unfavorable precedent for bankruptcies in which creditors are also customers.

Last month, Dorsey temporarily granted a request by FTX to redact the names and addresses of clients and creditors from court filings, even though such information is typically public. The judge did direct FTX to file an unredacted creditor matrix under seal with the court, but the company has yet to do so.

Lawyers for FTX have argued that its customer list is both a valuable asset and confidential commercial information. They contend that secrecy is needed to protect FTX accounts from potential theft and to ensure that potential competitors do not “poach” FTX customers.

FTX also has sought to withhold the names and addresses of non-customer individual creditors who are citizens of the United Kingdom or European Union nations, citing a consumer protection program known as the General Data Protection Regulation, or GDPR.


US woman who killed UK teen in crash gets suspended sentence
Attorney News | 2022/12/10 05:31
An American woman who left the U.K. after killing a teenager in a road accident was given an eight-month suspended prison sentence on Thursday, though she declined to come to Britain for the court hearing.

Anne Sacoolas, 45, was sentenced over an August 2019 accident in which 19-year-old Harry Dunn was killed when his motorcycle collided with a car outside RAF Croughton, an air base in eastern England that is used by U.S. forces. Sacoolas was driving on the wrong side of the road at the time.

Sacoolas and her husband, an American intelligence officer, returned to the U.S. days after the accident. The U.S. government invoked diplomatic immunity on her behalf, prompting an outcry in Britain and causing tensions between the governments in London and Washington.

Sacoolas admitted causing death by careless driving, which carries a maximum sentence of five years imprisonment. Justice Bobbie Cheema-Grubb said Sacoolas’ actions were “not far short of deliberately dangerous driving,” but she reduced the penalty because of Sacoolas’ guilty plea and previous good character.

The suspended sentence means that Sacoolas faces jail if she commits another offense within a year — though the judge acknowledged the sentence could not be enforced if she remains in the U.S.

The sentencing follows a three-year campaign by Dunn’s family, who met with politicians on both sides of the Atlantic in a campaign to get Sacoolas to face British justice. American authorities refused to extradite her.

Sacoolas entered a guilty plea in October, but the U.S. administration advised her not to come to Britain for sentencing. She attended the hearing at London’s Central Criminal Court by video link.

Lawyer Ben Cooper said Sacoolas had not asked for the diplomatic immunity asserted on her behalf by the U.S. government. He read a statement from Sacoolas in which she said she was “deeply sorry for the pain I have caused.”

“There isn’t a day that goes by that I don’t think about Harry,” the statement said.

The judge said the “calm and dignified persistence” of Dunn’s parents had led Sacoolas to acknowledge guilt and appear before the court.

Dunn’s mother Charlotte Charles said in a victim impact statement that her son’s death “haunts me every minute of every day and I’m not sure how I’m ever going to get over it.”

“As a family we are determined that his death will not have been in vain and we are involved in a number of projects to try to find some silver lining in this tragedy and to help others,” she said. “That will be Harry’s legacy.”


Former Nazi camp secretary voices regret, seeks acquittal
Legal Business | 2022/12/06 22:03
Lawyers for a 97-year-old former secretary to the SS commander of Nazi Germany’s Stutthof concentration camp asked Tuesday for their client to be acquitted, arguing that she didn’t know about the atrocities committed at the camp located in what is now northern Poland.

Irmgard Furchner has been on trial for over a year at the Itzehoe state court in northern Germany. In her closing statement, Furchner said she was sorry for what had happened and regretted that she had been there at the time, according to a court spokesman.

Her lawyers requested her acquittal, arguing that the evidence hadn’t shown beyond doubt that Furchner knew about the systematic killings at the camp, meaning there was no proof of intent as required for criminal liability.

Prosecutors accused Furchner of being part of the apparatus that helped the Nazis’ Stutthof camp function during World War II. In their closing arguments last month, they called for her to be convicted as an accessory to murder and given a two-year suspended sentence.

Tens of thousands of people died at Stutthof and its satellite camps, or on death marches at the end of World War II.

Furchner, who made headlines last year when she absconded from trial, is being tried in juvenile court because she was under 21 at the time of the alleged crimes.

The court said a verdict is expected on Dec. 20.


Justices spar in latest clash of religion and gay rights
Areas of Focus | 2022/12/01 15:05
The Supreme Court ’s conservative majority sounded sympathetic Monday to a Christian graphic artist who objects to designing wedding websites for gay couples, a dispute that’s the latest clash of religion and gay rights to land at the highest court.

The designer and her supporters say that ruling against her would force artists — from painters and photographers to writers and musicians — to do work that is against their faith. Her opponents, meanwhile, say that if she wins, a range of businesses will be able to discriminate, refusing to serve Black customers, Jewish or Muslim people, interracial or interfaith couples or immigrants, among others.

The lively arguments at the Supreme Court ran well beyond the allotted 70 minutes.

Justice Neil Gorsuch, one of three high court appointees of former President Donald Trump, described Lorie Smith, the website designer, as “an individual who says she will sell and does sell to everyone, all manner of websites, (but) that she won’t sell a website that requires her to express a view about marriage that she finds offensive.”

The issue of where to draw the line dominated the questions early in Monday’s arguments at the high court.

Justice Ketanji Brown Jackson asked whether a photography store in a shopping mall could refuse to take pictures of Black people on Santa’s lap.

“Their policy is that only white children can be photographed with Santa in this way, because that’s how they view the scenes with Santa that they’re trying to depict,” Jackson said.

Justice Sonia Sotomayor repeatedly pressed Kristen Waggoner, the lawyer for Smith, over other categories. “How about people who don’t believe in interracial marriage? Or about people who don’t believe that disabled people should get married? Where’s the line?” Sotomayor asked.


Hong Kong asks Beijing to step in into row over UK lawyer
Court Watch | 2022/11/28 17:28
Hong Kong’s leader said on Monday he would ask Beijing to rule whether to let foreign lawyers be involved in national security cases after the city’s top court allowed a prominent pro-democracy publisher to hire a British lawyer for his upcoming trial.

John Lee said the government would ask for a postponement of Jimmy Lai’s high-profile trial that was due to start Thursday. But he did not offer a timetable for the interpretation that could effectively preempt the court judgment.

“At present, there is no effective means to ensure that a counsel from overseas will not have a conflict of interest because of his nationality. And there is also no means to ensure that he has not been coerced, compromised, or in any way controlled by foreign governments, associations or persons,” he said.

He added that the move was targeting overseas counsels who do not have the general practice qualification to carry out legal service in Hong Kong.

Lai, the founder of the now-defunct Apple Daily and one of the most prominent figures in the city’s pro-democracy movement, was arrested after Beijing imposed a strict national security law to crack down on dissent following widespread protests in 2019. He faces collusion charges and a maximum penalty of life imprisonment.

While the city’s secretary for justice was appealing an earlier ruling that approved Lai to hire a veteran British lawyer at the top court, pro-Beijing politicians and newspapers also voiced objections over the last few days.


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