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Driver acquitted in deadly Megabus crash in NY
Areas of Focus |
2012/02/28 16:05
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A bus driver was acquitted Tuesday of homicide charges in the deaths of four passengers killed when his double-decker crashed into an overpass in upstate New York.
A judge announced the verdict after a non-jury trial for 60-year-old John Tomaszewski of Yardville, N.J. Tomaszewski would have faced up to four years in state prison on each of four counts of criminally negligent homicide. He sat with his head bowed and showed no reaction as Onondaga County Court Judge Anthony Aloi read the verdict.
"It was a tragic accident and four people lost their lives," Tomaszewski said as he left court. "It's something I'll have to deal with the rest of my life."
There were 29 passengers on the Megabus when the top of the bus hit the railroad bridge in Salina, just outside Syracuse, early on the morning of Sept. 11, 2010.
Tomaszewski was driving from Philadelphia to Toronto with a planned stop at the Regional Transportation Center in Syracuse when he missed an exit from Interstate 81 and ended up on the parkway instead.
Assistant District Attorney Chris Bednarksi said during the trial that Tomaszewski was using a personal GPS device as he tried to find his way to the bus station and passed 13 low-bridge warning signs, some with flashing yellow lights, before the wreck. |
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Court: Rights don't have to be read to prisoners
Areas of Focus |
2012/02/21 18:02
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The Supreme Court said Tuesday investigators don't have to read Miranda rights to inmates during jailhouse interrogations about crimes unrelated to their current incarceration.
The high court, on a 6-3 vote, overturned a federal appeals court decision throwing out prison inmate Randall Lee Fields' conviction, saying Fields was not in "custody" as defined by Miranda and therefore did not have to have his rights read to him.
"Imprisonment alone is not enough to create a custodial situation within the meaning of Miranda," Justice Samuel Alito wrote in the court's majority opinion.
Three justices, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor, dissented and said the court's decision would limit the rights of prisoners.
"Today, for people already in prison, the court finds it adequate for the police to say: 'You are free to terminate this interrogation and return to your cell,'" Ginsburg said in her dissent. "Such a statement is no substitute for one ensuring that an individual is aware of his rights."
Miranda rights come from a 1966 decision that involved police questioning of Ernesto Miranda in a rape and kidnapping case in Phoenix. It required officers to tell suspects they have the right to remain silent and to have a lawyer represent them, even if they can't afford one.
Previous court rulings have required Miranda warnings before police interrogations for people who are in custody, which is defined as when a reasonable person would think he cannot end the questioning and leave. |
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Lower Chinese court rules shops should pull iPads
Areas of Focus |
2012/02/20 17:36
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Apple's dispute over the iPad trademark deepened Monday after the Chinese company that claims ownership of the name said it won a court ruling against sales of the popular tablet computer in China.
Xie Xianghui, a lawyer for Shenzhen Proview Technology, said the Intermediate People's Court in Huizhou, a city in southern China's Guangdong province, had ruled on Friday that distributors should stop selling iPads in China.
The ruling, which was also reported widely in China's state media, may not have a far-reaching effect. In its battle with Apple, Proview is utilizing lawsuits in several places and also requesting commercial authorities in 40 cities to block iPad sales.
Apple Inc. said in a statement Monday that its case is still pending in mainland China. The company has appealed to Guangdong's High Court against an earlier ruling in Proview's favor.
Apple insists it holds the trademark rights to the iPad in China. |
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NY appeals court orders NJ programmer's acquittal
Areas of Focus |
2012/02/17 18:45
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A federal appeals court on Friday reversed the conviction of a former Goldman Sachs programmer on charges he stole computer code, ordering an acquittal in a case that tested the boundaries of what can be considered a crime as companies seek to protect their intellectual property from competitors.
The unusually speedy mandate from the 2nd U.S. Circuit Court of Appeals in Manhattan will result in freedom for Sergey Aleynikov, of North Caldwell, N.J. He has been in prison since he was sentenced in March to more than eight years in prison. He was convicted in December 2010 of stealing trade secrets and transporting stolen property in interstate and foreign commerce.
A three-judge appeals panel heard arguments on Thursday, but the judges gave no indication that they would reverse the lower court hours later with a terse, one-paragraph order. The 2nd Circuit said it would issue a written ruling "in due course" to explain its decision.
Aleynikov's attorney, Kevin Marino, said he spoke with his client Friday. He said Aleynikov reacted by concluding: "There is justice in the world."
"I could not be happier," Marino said. "It's justice because Sergey Aleynikov did not commit either of the crimes with which he was charged. The government's attempt to stretch this criminal federal statute beyond all recognition resulted in a grave injustice that put Sergey Aleynikov in prison for a year."
In arguments before the 2nd Circuit on Thursday, Marino called it "ridiculous" and "preposterous" that his client was facing eight years in prison because he was found to have information that was not a product that Goldman Sachs sold in interstate and foreign commerce. A prosecutor had asked the court to uphold the conviction, saying protection of trade secrets was the only way companies could retain their technological advantages. |
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Web sites need not check for IP breaches
Areas of Focus |
2012/02/16 17:54
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A European Union court ruled Thursday that social networking sites cannot be compelled to install general filters to prevent the illegal trading of music and other copyrighted material.
The decision is a victory for operators of social networking sites in the EU, but a setback for those who seek to protect copyrighted material from being distributed without payment or permission.
It also comes as protests are growing in Europe against ACTA, the proposed international Anti-Counterfeiting Trade Agreement, which is meant to protect intellectual property rights.
In Thursday's decision, the EU Court of Justice, which is based in Luxembourg, ruled that requiring general filters that would cover all the site's users would not sufficiently protect personal data or the freedom to receive and impart information.
SABAM, a Belgian company that represents authors, composers and music publishers, filed the lawsuit leading to Thursday's ruling. In it, the company objected to the practices of Netlog NV, a social networking site, saying users' profiles allowed protected works to be shared illegally.
Michael Gardner, head of the intellectual property practice at London law firm Wedlake Bell, called the ruling a further blow to copyright owners because it appears to rule out forcing operators of social network sites and Internet service providers — at their own expense — to impose blanket monitoring and filtering aimed at stopping infringements. |
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Italian court convicts 2 in asbestos-linked deaths
Areas of Focus |
2012/02/13 18:08
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An Italian court Monday convicted two men of negligence in some 2,000 asbestos-related deaths blamed on contamination from a construction company, sentencing each of them to 16 years in prison and ordering them to pay millions in what officials called a historic case.
Italian Health Minister Renato Balduzzi hailed the verdict by the three-judge Turin court as "without exaggeration, truly historic," noting that it came after a long battle for justice.
"It's a great day, but that doesn't mean the battle against asbestos is over," he told Sky TG24 TV, stressing that it is a worldwide problem.
Prosecutors said Jean-Louise de Cartier of Belgium and Stephan Schmidheiny of Switzerland, both key shareholders in the Swiss construction firm Eternit, failed to stop asbestos fibers left over from production of roof coverings and pipes at its northern Italian factories from spreading across the region.
During the trial, which has stretched on since December 2009, some 2,100 deaths or illnesses were blamed on the asbestos fibers, which can cause grave lung problems, including cancer. Prosecutors said the contamination stretched over decades.
The defendants had denied wrongdoing.
Hundreds of people, many of them who had lost parents or spouses to asbestos-linked diseases, crowded the courtroom and two nearby halls to gather for the verdict. When the convictions were announced, some of the spectators wept.
Two hours after announcing the convictions, Judge Giuseppe Casalbore was still reading the court's complete verdict, which included awards of monetary damages from civil lawsuits from some 6,300 victims or their relatives who alleged that loved ones either died or were left ill from asbestos. |
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Group wants Supreme Court to save war memorial
Areas of Focus |
2012/02/09 17:55
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Supporters of a war memorial cross deemed unconstitutional last year by a federal court plan to ask the Supreme Court to reverse the decision, amid a growing fight nationwide over the use of religious symbols to honor fallen troops.
A nonprofit legal firm, Liberty Institute in Dallas, planned to file its petition Thursday to preserve the 43-foot monument on federal land atop San Diego's Mt. Soledad — the same day the group called on combat veterans and supporters to rally at the picturesque site overlooking the Pacific Ocean in the suburb of La Jolla.
The Supreme Court has signaled a greater willingness to allow religious symbols on public land, and the U.S. House of Representatives passed a bill last month that writes into law the propriety of displaying such markers at war memorials.
Last year's ruling by the 9th Circuit U.S. Court of Appeals capped two decades of legal challenges over the 1954 cross that became a memorial to Korean War veterans.
A number of other military memorials on public lands across the country have been challenged in recent years by civil liberty activists and atheists who say they violate the separation between church and state. The Supreme Court in 2010 refused to order the removal of a congressionally endorsed war memorial cross from its longtime home atop a remote rocky outcropping in California's Mojave Desert. |
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