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COVID-19 concerns raised at St. Louis death penalty trial
Court Watch |
2021/04/23 18:56
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Attorneys for a St. Louis man accused of killing his ex-girlfriend, her mom and his baby boy are asking the Missouri Supreme Court to delay his capital murder trial for two weeks after two potential jurors tested positive for COVID-19.
Jury selection began last week in the trial of Eric Lawson, who is accused of fatally shooting 22-year-old Breiana Ray and 50-year-old Gwendolyn Ray before setting an apartment fire that killed his 10-month-old son, Aiden. Lawson, 32, has been in pretrial detention since his arrest nearly nine years ago. The case is being prosecuted by the Missouri Attorney General’s Office.
Attorneys for Lawson sought a continuance in January and again in March, citing concerns about COVID-19 each time. Circuit Judge Michael Noble denied both requests.
Lawson’s attorneys asked Noble for a continuance a third time on Wednesday, this time citing the two positive cases among potential jurors. When Noble again refused to pause the case, defense attorneys asked the Missouri Supreme Court to intervene.
“Mr. Lawson and his attorneys have been exposed to COVID-19 in the past 10 days,” the court motion states. “So have the judge, the prosecutors, courthouse staff, and prospective jurors.”
St. Louis Circuit Court spokesman Thom Gross said a potential juror appeared in court on April 14. She tested positive for COVID-19 two days later and notified the jury supervisor on April 19, saying she didn’t know when or where she was exposed.
Seven of the 39 prospective jurors from the April 14 session had originally been asked to return later, but Jury Supervisor Joanne Martin called each of them and told them they were dismissed, Gross said. Martin mailed letters to the others who attended that session to inform them of the positive test.
Gross said a second prospective juror told Martin on April 16 that they had just learned that a COVID-19 test taken earlier was positive. All 40 prospective jurors from that session were dismissed.
The court filing from Lawson’s lawyers said one of the lawyers, Julie Clark, is pregnant and thus considered vulnerable. An expert witness for the defense also “has several preexisting health conditions putting him at the greatest risk of contracting COVID,” the court filing said. |
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US deports woman who lied about role in Rwandan genocide
Legal Business |
2021/04/19 18:02
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The Supreme Court on Monday said it will not hear a case out of Pennsylvania related to the 2020 election, a dispute that had lingered while similar election challenges had already been rejected by the justices. The high court directed a lower court to dismiss the case as moot.
The justices in February, after President Joe Biden’s inauguration, had rejected a handful of cases related to the 2020 election. In the case the court rejected Monday, however, the court had called for additional briefing that was not complete until the end of March.
The case involved a federal court challenge to a Pennsylvania Supreme Court decision requiring election officials to receive and count mailed-in ballots that arrived up to three days after the election. More broadly, however, the case concerned whether state lawmakers or state courts get the last word about the manner in which federal elections are carried out.
The Democratic National Committee was among those that argued the case should be rejected as moot because the 2020 election is over. Those that brought the case said the justices should hear it because the issues involved are important and recurring.
The court had previously rejected other cases that had involved the Pennsylvania Supreme Court’s decision to extend the deadline for mail-in ballots. Three of the court’s conservative justices dissented, saying they would have taken up the cases.
The genesis of the cases were changes Pennsylvania lawmakers made to the state’s election laws in response to the coronavirus pandemic. Despite the changes, lawmakers left in place a Nov. 3 deadline to receive absentee ballots. Democrats sued, and Pennsylvania’s highest court cited the ongoing pandemic and United States Postal Service delays in extending the deadline for mailed-in ballots to be received.
Wanda Murren, the communications director for the Pennsylvania Department of State, said Monday the elections agency is considering what to do about those ballots now, and whether they should be added to the final tally. In all, just over 10,000 ballots were received by elections officials after polls closed on Election Day, Nov. 3, but before 5 p.m. on Friday, Nov. 6.
“We are pleased that yet another court ruling has affirmed the accuracy and integrity of Pennsylvania’s November 2020 election,” Murren said.
More than 600 of the ballots received during those three days had no postmark or an illegible postmark.
The 10,000 ballots would not have altered the outcome of the presidential election in the state, which former President Donald Trump lost by some 80,000 votes.
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Judge: Boston exam schools admissions policy ‘race-neutral’
Headline Legal News |
2021/04/18 01:02
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A federal judge has upheld a temporary admissions policy at Boston’s elite exam high schools, ruling against a parents group that said in a lawsuit it discriminated against white students and those of Asian descent.
“This court finds and rules that the plan is race-neutral, and that neither the factors used nor the goal of greater diversity qualify as a racial classification,” U.S. District Judge William Young in Boston wrote in the ruling released Thursday night. The ruling applies only to the current exam cycle.
The Boston School Committee last fall temporarily dropped the entrance exam for Boston Latin School, Boston Latin Academy and the O’Bryant School of Math and Science because it was not safe to hold exams in-person during the pandemic.
Instead, the committee used student performance and ZIP code to weigh admission.
A group called the Boston Parent Coalition for Academic Excellence, filed a lawsuit in February on behalf of 14 white and Asian applicants in which it called the new policy “wholly irrational.”
William Hurd, an attorney for the coalition, said there will be an appeal.
“We respectfully disagree with the court’s decision,” Hurd said in a statement.
The Boston Public Schools in a statement said its goal has always been to “ensure a safe, fair, and equitable exam school admissions process.” |
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Mississippi marijuana program hinges on initiative arguments
Court News |
2021/04/14 23:01
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The Mississippi Supreme Court heard arguments Wednesday in a lawsuit that’s trying to block a voter-approved medical marijuana program by arguing that the the issue should not have been on the ballot.
Arguments were not about marijuana. Instead, they were about Mississippi’s initiative process.
Voters in November approved Initiative 65, which requires the state Health Department to establish a medical marijuana program by the middle of this year. The department is working to create a program, even as the legal fight continues.
To get Initiative 65 on the statewide ballot, organizers gathered signatures from the five congressional districts that Mississippi used during the 1990s. They did that based on legal advice issued years ago by the state attorney general’s office.
Madison Mayor Mary Hawkins Butler filed a lawsuit days before the election, contending that the state’s initiative process is outdated.
The Mississippi Constitution says petitioners must gather an equal number of signatures from five congressional districts. The state dropped from five congressional districts to four after the 2000 Census, but the constitution’s language about initiatives was not updated. Butler’s lawsuit argues that this creates a mathematical impossibility with four districts because the constitution still specifies that no more than one-fifth of the signatures may come from any single district.
In papers filed Dec. 28 and in the Supreme Court on Wednesday, state attorneys argued that Mississippi has two sets of congressional districts ? one set used for congressional elections and one set used for other purposes.
Attorneys for Butler argued that the only purpose of a congressional district is to have geographical boundaries for electing U.S. House members.
Butler opposed Initiative 65 because it limits a city’s ability to regulate the location of medical marijuana businesses.
The Health Department, the Mississippi Municipal League and some others filed briefs supporting Butler’s lawsuit. The Health Department argued that Initiative 65 seeks to transform the department “into something it is not,” even as the department is stretched because of the coronavirus pandemic.
During the legislative session that recently ended, the Senate tried to create rules for a state medical marijuana program, but the House defeated the effort. Republican Sen. Kevin Blackwell of DeSoto County said the proposal was a backstop to have a program in place in case the Supreme Court agrees with Butler and invalidates Initiative 65. But supporters of Initiative 65 balked at the Senate’s proposal, saying they saw it as an attempt to usurp the will of the voters.
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Ex-police chief gets 1 year in prison for hiring scandal
Court News |
2021/04/11 06:01
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The former police chief of Connecticut’s largest city was sentenced Monday to one year and one day in prison for rigging the hiring process that led to his appointment in 2018.
A federal judge in Bridgeport handed down the punishment to Armando “A.J.” Perez, who rose through the ranks of Bridgeport police to lead the department as its first Hispanic chief over a nearly four-decade career there. He and the city’s former acting personnel director, David Dunn, resigned in September and pleaded guilty the following month to defrauding the city and making false statements to FBI agents in connection with the scheme.
Perez, dressed in a suit, tie and a mask in court due to coronavirus precautions, apologized to the city, his family and federal investigators for the crimes during the sentencing hearing before U.S. District Judge Kari Dooley.
“I accept responsibility. I am so sorry,” he said. “I spent all my life on the right side of the table and I betrayed myself. I should have said no. ... I did this to myself, your honor. I did this to myself. I betrayed myself and then I panicked.”
Perez, who had asked for a sentence of home confinement and probation, also was ordered to pay nearly $300,000 in restitution to the city and perform 100 hours of community service after the prison sentence, which he will begin serving on May 24.
Prosecutors said Perez, 65, received confidential information about the police chief’s examination stolen by Dunn, including the questions for an oral examination and the scoring guide for written essays. Perez, who was the acting chief at the time, also admitted that he had two officers complete his essays, passed the work off as his own and lied to federal authorities in an effort to cover up his actions.
Perez ended up being ranked among the top three candidates for the police chief’s job and was appointed by Mayor Joe Ganim, who has been close to Perez for years. Ganim, who served seven years in prison for corruption committed during his first stint as mayor from 1991 to 2003, has denied wrongdoing in Perez’s appointment and has not been charged.
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NYC corruption case prompts dismissal of 90 drug convictions
Attorney News |
2021/04/08 21:35
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Prosecutors are asking a New York City court to throw out 90 drug convictions following a review of arrests involving a former narcotics detective charged with corruption.
The mostly low-level cases investigated by Joseph Franco while a NYPD officer in Brooklyn from 2004 to 2011 should be vacated because of his ongoing criminal case in Manhattan, Brooklyn District Attorney Eric Gonzalez said Wednesday. A 2019 indictment accuses Franco of perjury and other charges alleging he framed innocent people.
The review of the mostly low-level Brooklyn cases dating back a decade or more found no similar misconduct on Franco’s part or that the defendants were innocent, prosecutors said Wednesday. But because of the Manhattan case, “I have lost confidence in his work,” Gonzalez said in a statement.
“I cannot in good faith stand by convictions that principally relied on his testimony,” he added.
Tina Luongo, attorney-in-charge of the Legal Aid Society’s criminal defense practice, lauded Gonzalez’s decision to vacate the convictions. She urged other district attorneys in the city to perform similar reviews.
Franco “touched thousands of cases throughout New York City, and we may never know the full extent of the damage he caused and lives he upended,” Luongo said in a statement.
During a virtual hearing on Wednesday morning, a judge began the process of vacating the cases at the request of defense attorneys. At issue were 27 felony and 63 misdemeanor convictions, most resulting from guilty pleas.
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High court sides with Google in copyright fight with Oracle
Court News |
2021/04/05 17:55
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The Supreme Court sided Monday with Google in an $8 billion copyright dispute with Oracle over the internet company’s creation of the Android operating system used on most smartphones worldwide.
To create Android, which was released in 2007, Google wrote millions of lines of new computer code. But it also used 11,330 lines of code and an organization that’s part of Oracle’s Java platform.
Google had argued that what it did is long-settled, common practice in the industry, a practice that has been good for technical progress. And it said there is no copyright protection for the purely functional, noncreative computer code it used, something that couldn’t be written another way. But Austin, Texas-based Oracle said Google “committed an egregious act of plagiarism,” and it sued.
The justices ruled 6-2 for Google Inc., based in Mountain View, California. Two conservative justices dissented.
Justice Stephen Breyer wrote that in reviewing a lower court’s decision, the justices assumed “for argument’s sake, that the material was copyrightable.”
“But we hold that the copying here at issue nonetheless constituted a fair use. Hence, Google’s copying did not violate the copyright law,” he wrote.
Justice Clarence Thomas wrote in a dissent joined by Justice Samuel Alito that he believed “Oracle’s code at issue here is copyrightable, and Google’s use of that copyrighted code was anything but fair.”
Only eight justices heard the case because it was argued in October, after the death of Justice Ruth Bader Ginsburg but before Justice Amy Coney Barrett joined the court.
In a statement, Google’s chief legal officer, Kent Walker, called the ruling a “victory for consumers, interoperability, and computer science.” “The decision gives legal certainty to the next generation of developers whose new products and services will benefit consumers,” Walker wrote.
Oracle’s chief legal officer, Dorian Daley, condemned the outcome. “The Google platform just got bigger and market power greater. The barriers to entry higher and the ability to compete lower. They stole Java and spent a decade litigating as only a monopolist can,” she wrote in a statement.
Microsoft, IBM and major internet and tech industry lobbying groups had weighed in on the case in favor of Google. The Motion Picture Association and the Recording Industry Association of America were among those supporting Oracle.
The case is Google LLC v. Oracle America Inc., 18-956. |
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