Appeals court clears way for Rep. Jefferson trial
Areas of Focus | 2008/11/12 23:09
A federal appeals court upheld bribery and other charges against Louisiana Democratic U.S. Rep. William Jefferson on Wednesday, clearing the way for a trial.

Jefferson, who cruised to victory in a primary last week and is expected to easily win re-election, had sought to dismiss a 16-count indictment charging him with taking bribes, laundering money and misusing his congressional office for business dealings in Africa.

A three-judge panel of the 4th U.S. Circuit Court of Appeals rejected Jefferson's claims that a federal grand jury received evidence that violated his constitutional right to legislative immunity.

Jefferson's attorneys argued that three staffers should not have been allowed to tell the grand jury about Jefferson's relationships with African leaders and his knowledge about West African nations because those activities were part of his legislative duties.

Jefferson could further delay a trial by appealing to the U.S. Supreme Court. A telephone message was left Wednesday with his attorney, Robert P. Trout.

Prosecutors contend Jefferson used his influence as chairman of the congressional Africa Investment and Trade Caucus to broker deals in Nigeria, Ghana, Cameroon and other African nations on behalf of those who bribed him.

The 2007 indictment alleges that Jefferson received more than $500,000 in bribes and demanded millions more between 2000 and 2005, including $90,000 he received from an FBI informant that was later found in the freezer of his Washington home. He has pleaded not guilty.

U.S. District Judge T.S. Ellis III had refused to dismiss the indictment, saying Jefferson was trying to apply the legislative immunity clause so broadly that it would be virtually impossible to charge a congressman with a crime.

Ellis "accorded Congressman Jefferson every substantive and procedural protection to which he was entitled," the appeals court judges wrote.

Jefferson's trial had been scheduled to begin in December, but has been postponed. If convicted of all charges, he faces up to 235 years in prison.

Meanwhile, Jefferson, 61, Louisiana's first black congressman since Reconstruction, faces a Dec. 6 election against little-known Republican, Anh "Joseph" Cao in his New Orleans-based district. The district's election was pushed back because of Hurricane Gustav.

Last week, he easily won a Democratic primary runoff against a former television reporter who argued that the scandal had obliterated the influence Jefferson built during 18 years in Congress.



Court leaves NC campaign finance law untouched
Areas of Focus | 2008/11/05 22:09
North Carolina's system of publicly financed judicial campaigns remained intact Monday after the U.S. Supreme Court refused to hear a challenge over a provision for additional funds in expensive races.

The justices declined, without comment, to consider the constitutionality of a voluntary program passed by the Legislature and that took effect in 2004.

The program provides campaign money for state Supreme Court and Court of Appeals candidates if they agree to fundraising restrictions leading up to the general election. The decision came on the eve of an election in which all but two of the 13 candidates for those seats Tuesday participated in the program.

The decision leaves a federal lower court ruling in effect that upheld the law, which has been a model for other states, including New Mexico.

"This gives supporters of judicial public financing and public financing in general confidence and assurance that the long line of decisions (supporting) public financing ... are still the law of the land," said Paul Ryan, an attorney with the Washington-based Campaign Legal Center, whose group earlier filed a friend-of-the-court brief in support of the law.

Former Supreme Court candidate Rusty Duke and the North Carolina Right to Life Committee sued over the law in 2005, arguing it restricted free speech rights in cases where outside groups or nonparticipating candidates exceeded spending thresholds.



Typhoon Restaurant sued by Immigrant Workers
Areas of Focus | 2008/10/10 16:08
A worker claims managers of the Typhoon! restaurant chain abusedimmigrant workers, confiscated their passports, denied them overtimeand medical care, threatened to deport them if they complained, openedtheir mail, stole their tax returns, forced them "to kowtow to theowners and purchase presents for them," and claimed to have "paid offthe Department of Homeland Security to do whatever defendants want."
    SarinyaReabroy sued the nine-restaurant chain and its managers, Steve Klineand Bo Kline, in Federal Court. She says that in 2003, Bo Kline inducedher to emigrate from Thailand, where she had a good job. Upon arrivingin Portland, she says, she and her co-workers were subjected tointolerable and illegal conditions.
    She claims "Typhoon! ruledthe workplace with iron fists of intimidation, coercion and harassment,targeting their Thai workers" with the abuses mentioned above, andthese abuses:
    subjecting them to dangerous working conditions;
    "tellingThai workers that defendant Bo Kline was 'Queen of immigration' andthat defendants have paid off the Department of Homeland Security to dowhatever defendants want;"
    threatening to sue them and their families if they complained;
    forbidding Thai workers to talk with "white people;"
    "intentionallydeceiving Thai workers about the overtime investigation conducted bythe United States Department of Labor in 2004-2004 and the subsequentpayment by Typhoon! of $120,000 to settle the matter;"
    "threatening to blacklist Thai workers for all employers both within the United States and abroad;"
    "forbiddinginjured Thai workers from seeing or treating with health careprofessionals and/or refusing them access to first aid;"
    "throwing dishes, utensils and food at them and propositioning them for sex;"
    "displaying beheaded and dismembered Buddhas in a manner offensive to Thai workers who were of the Buddhist faith;"
    "forcing the Thai workers to kowtow to the owners and purchase presents for them;"
    "confiscating Thai workers' tax returns;"
    and in other ways.She wants punitive damages and statutory and liquidated damages. She is represented by Beth Creighton


Bag Man Says FBI Told Him to Ask for $2M Hush Money
Areas of Focus | 2008/09/29 16:12
A bag man testified on Friday that he was following FBI instructions when he asked the government of Venezuela for $2 million in hush money, after he was caught carrying $800,000 in a briefcase intended, according to prosecutors, for Cristina Fernandez de Kirchner in her campaign to become president of Argentina.

Guido Antonini, who was caught with the money, is now cooperating with federal prosecutors. He testified in Federal Court in Miami against Franklin Duran, who is accused of being an unregistered foreign agent in America.

Antonini was detained in August 2007 at a Buenos Aires airport. Antonini confirmed in his testimony on Thursday and Friady that he asked the government of Venezuela for $2 million in hush money, claiming he wanted it for legal expenses and other debt he would incur as a result of being caught with the $800,000.

In the trial before U.S. District Court Judge Joan Lenard, Antonini also testified that he told Duran he would not accept the money directly from Duran, that the money had to come from the Venezuelan government.

Antonini wore a wire during his conversations with Duran, according to the testimony. In one of the taped conversations used in court, Antonini is refusing $2 million in hush money directly from Duran. He says he wants to receive the money directly from the Venezuelan government.

But Duran answers that the Venezuelans won't go for that because they don't trust him, thehy think he is working with the FBI. The two men never spoke again after that conversation.

Duran's defense lawyer, Edward Shohat from Bierman Shohat Loewy & Klein, suggested that when Antonini pressured Venezuela to accept the hush money offer on his terms, he committed extortion.

Antonini replied by saying that he was acting as instructed by the FBI.


Guilty Plea In Courthouse Bombing
Areas of Focus | 2008/09/26 16:03
Eric R. Robinson pleaded guilty Thursday to conspiring to bomb the San Diego Federal Courthouse. Robinson admitted he drove a co-conspirator to the courthouse on May 4 and waited in the car while the other person set off three pipe bombs, then he drove the other person back to Menifee, about 80 miles north.

Edward Reginald Robinson, 43, of San Diego, admitted he conspired with others to build and detonate a series of pipe bombs, including the ones used at the courthouse and others set off at a Federal Express distribution center in San Diego on April 25. He faces up to 30 years in prison at his Jan. 9, 2009 sentencing in San Diego Federal Court.


Witness Says OJ Told Him To Bring A Gun
Areas of Focus | 2008/09/25 15:55
O.J. Simpson told two friends to bring guns to last year's hotel room heist, a former co-defendant in Simpson's kidnapping and armed robbery trial testified Wednesday. "He said, 'I just need you all to bring the guns. But you don't have to take them out, just put them in your waist band. Kind of open up your jackets so they see that you got them and they know that we mean business,'" Walter Alexander testified.

Also Wednesday, Judge Jackie Glass refused to let Fred Goldman's attorney testify about his 10 years of efforts to get Simpson to pay the $33 million wrongful death civil award for the death of Goldman's son.

In testimony Wednesday, Alexander said he expressed hesitation about carrying a gun, and Simpson responded, "Fuck the police. It's my shit. I'm just going to get my shit. What they gonna do? Take me to jail for going to get my own shit?"

Alexander said Simpson then told the other friend, Michael McClinton, "to take the gun out and put it in his hand" before they entered Tom Riccio's hotel room to get the sports memorabilia from dealers Alfred Beardsley and Bruce Fromong.

"I thought, 'Man this is gonna be a robbery," Alexander said. "I really wanted to go in the opposite direction, but at the same time I didn't want to seem like a coward, and O.J. was my friend."

Alexander said he carried a .22-caliber pistol, but he never took it out.

Alexander testified that Simpson encouraged them to lie about the guns after the incident. "He kept repeating, 'Hey just remember - there was no guns. No guns,'" Alexander said.

Simpson has maintained that he saw no guns, and that he was merely retrieving his personal property that was stolen from him years ago.

Alexander was the first witness to admit being armed during the alleged events at the Palace Station on Sept. 13, 2007. He was also the first to cut a deal with prosecutors for a lesser charge in exchange for his testimony.

He said that District Attorney David Roger told him, "The first horse to the trough drinks the pristine waters."

During his testimony, Alexander said Simpson was drinking, "laughing and boisterous, like nothing had happened," at a wedding dinner the next day. He even quipped, "What happens in Vegas stays in Vegas - unless you're O.J. Simpson," Alexander said.

When Alexander expressed fear about being arrested, he said, Simpson "just laughed," and told him "'Nigga, if you get out of town you don't have to worry about going to jail.'"

Alexander carried a Bible into the courtroom Wednesday, and opened it to read during a sidebar. After objections from Simpson attorney Yale Galanter, Clark County District Court Judge ordered Alexander to hand it over.

During a heated cross-examination, Galanter peppered Alexander with questions in an attempt to make him look like a money-hungry turncoat with a checkered past.

Galanter also wanted to explore allegations that Alexander was a pimp - not a real estate agent, as he testified - but Glass wouldn't allow it.

In the middle of Galanter's cross-examination, Alexander seemed to suggest that he'd almost rather be a co-defendant with Simpson than take a pounding from Galanter. "Then I would not have to say anything and I would not have to be badgered by this man," he said.

The two then entered a shouting match, after Alexander told Galanter to back up when he approached the witness stand and tried to show him a copy of the transcript from the preliminary hearing.

Glass retained order, then admonished Galanter: "Don't ever do that again. If he asks you to back up, back up."

The long day of testimony began with Glass barring prosecutors' attempts to allow Fred Goldman's attorney, David Cook, to testify about his efforts to retrieve the $33.5 million, wrongful-death civil award that Goldman won against Simpson in 1997.


Justices Stay Execution with Two Hours Left
Areas of Focus | 2008/09/24 15:54
The U.S. Supreme Court issued a stay of execution on Tuesday for a Georgia inmate convicted of killing a police officer in 1989, two hours before the scheduled execution.

Troy A. Davis, 39, was convicted of murdering Mark MacPhail, a Savannah police officer.

The justices issued the stay without explanation. The case made national headlines, according to The New York Times, after seven of the nine witnesses at Davis' trial later recanted their testimony, with two saying they testified against the defendant under police pressure.


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