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Judge gives $65M to USS Pueblo Captives
Legal Topics |
2009/01/02 17:41
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A federal judge in Washington, D.C., ordered North Korea to pay $65.85 million to two crew members of the USS Pueblo, the commander's widow and a civilian oceanographer for kidnapping and torturing the ship's crew in 1968.
In a sordid 33-page ruling, U.S. District Judge Henry Kennedy describes how the crew members were systematically beaten and tortured during 11 months in captivity.
William Thomas Massie, Donald Raymond McClarren, Dunnie Richard Tuck and the estate of Lloyd Bucher, the ship's commander, sued North Korea for damages, alleging egregious violations of human rights.
The USS Pueblo was captured in the Sea of Japan, about 25 miles off the coast of North Korea, while on an electronic surveillance mission on Jan. 23, 1968.
The crew was dragged off the ship while bound and blindfolded, and led through a crowd of hostile and unruly North Koreans, who shouted insults and spat at them. The guards also kicked their legs and administered "karate chops," the ruling states.
The captives were then transported to Pyongyang, where they were taken to a "prison" nicknamed the "Barn" on the outskirts of town. There, they were separated into rooms of four prisoners each. The conditions were cold and dark, and there was no running water. The prison was infested with rats and bed begs, one of which bit Massie, causing him to develop a severe infection that had to be lanced by a North Korean doctor without the use of an anesthetic. Bucher lost about 50 pounds, Massie lost 51 and Tucker lost 37.
For almost a year, North Korean officers beat, starved, tortured and intimidated the men, in order to coerce them into confessing that they were spies for South Korea. The captors tried to get Bucher to sign a typed statement that he was a CIA spy trying to incite a war.
Though Bucher initially refused to sign, he eventually capitulated after his captors threatened to shoot his crew, in his presence, one by one.
While the men were being held hostage, the North Koreans tried to extract a public apology from the U.S. government. The hostages were forced to participate in staged press conferences and propaganda films, which they sabotaged by inserting corny, archaic language into the prepared statements and sticking up their middle fingers in pictures and videos. They told the North Koreans that the middle finger gesture was the "Hawaiian Good Luck Sign." When the captors discovered the true meaning of the obscene gesture, they ramped up the beatings, launching a campaign of torture dubbed "Hell Week."
Judge Kennedy said countries that sponsor terrorism forfeit their sovereign immunity. And although the plaintiffs were released 25 years before Congress enacted the Anti-Terrorism and Effective Death Penalty of 1996, Kennedy said Congress intended it to apply retroactively.
Because North Korea never responded to the damage claim, Kennedy entered judgment for the plaintiffs. He awarded Massie, McClarren and Tuck $16.7 million each, while Bucher's estate recieved $14.3 million. Bucher's widow, Rose, won $1.25 million.
"The effects of the outrageous conduct of North Korea will be felt by Massie, Tuck, McClarren and Rose Bucher for the rest of their lives," Kennedy concluded. |
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Court: No obligation for company to give teen drug
Legal Topics |
2008/12/17 18:20
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A pharmaceutical company does not have to provide an experimental drug to a Minnesota teen who is terminally ill with a rare form of muscular dystrophy, a federal appeals court ruled Tuesday in reversing a lower court decision. The ruling by the U.S. Court of Appeals for the Third Circuit in Philadelphia was a blow to 17-year-old Jacob Gunvalson, who suffers from Duchenne muscular dystrophy. The court ruled that U.S. District Judge William J. Martini in Newark erred in his August ruling that PTC Therapeutics of South Plainfield, N.J., must provide the drug to Gunvalson. That decision had been stayed pending the company's appeal. "I just think it's really unfair that these drug companies get all these benefits from the federal government," said Jacob's mother, Cheri Gunvalson. "And then they're allowing boys to fall through the cracks and die." She said she would not give up her fight but didn't know what the next step would be. In its ruling, the appeals court said it was "sympathetic to the plight of Jacob and his family," but that the lower court "abused its discretion" in ordering PTC to supply the drug to Gunvalson. The Gunvalsons, who live in Gonvick, Minn., maintained that the company led them to believe that Jacob could participate in a clinical trial of the drug, which is being investigated as a possible treatment — and that the company then went back on its word. |
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2nd suspect arrested in Oregon bank bombing
Legal Topics |
2008/12/16 18:21
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Two law enforcement officers killed in a bank bombing last week believed the device was a hoax and were trying to open it when it exploded, according to court documents released on Tuesday. A probable cause statement in the case of bombing suspect Joshua Turnidge says a state trooper inspected and X-rayed a green metal box found Friday outside the West Coast Bank building in Woodburn. The document says Oregon State Police Senior Trooper William Hakim, a bomb disposal technician, was confident it was a hoax device, so he took it inside. The statement says a bank employee saw Hakim trying to open it while Woodburn Capt. Tom Tennant held it, and then it exploded. Hakim and Tennant were killed. Woodburn Police Chief Scott Russell was critically injured — he has lost his right leg from the knee down and his left leg was mutilated, according to the statement. The bank employee was treated at Salem Hospital and released. According to the statement, at 10:19 a.m. Friday a man called in a bomb threat to the Wells Fargo Bank in Woodburn, which is close to the West Coast Bank branch. The man said "if 'they' didn't leave the building, all of them would die," the court document states. |
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States increasingly put criminal records online
Legal Topics |
2008/12/15 18:23
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Worried your daughter's new boyfriend might have a nefarious past? Want to know whether the job applicant in front of you has a rap sheet? Finding out can be a mouse click away, thanks to the growing crop of searchable online databases run directly by states. Vermont launched its service Monday, and now about 20 states have some form of them. The Web sites provide a valuable and timesaving service to would-be employers and businesses by allowing them to look up criminal convictions without having to submit written requests and wait for the responses. And they're popular: Last month alone, Florida's site performed 38,755 record checks. But the Internet debut of information historically kept in courthouses in paper files can magnify the harm of clerical errors, expose states to liability for mistakes and spell new headaches for people who've long since done their time, only to have information about their crime bared anew. |
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Financially 'struggling' gov had big legal bills
Legal Topics |
2008/12/12 17:25
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Rod Blagojevich is the third-highest-paid governor in the country, but you wouldn't know it from conversations recorded by federal authorities. He is heard on six weeks of recordings saying he is "struggling" financially, even though he makes $177,412 a year and his household income has averaged $344,000 annually for the past five years. He allegedly says he feels he is "stuck" as governor and imagines making as much as $300,000 as the head of a group pushing organized labor's agenda or a not-for-profit organization. If he could land his wife a seat on one or more corporate boards and she "picks up another $150 grand or whatever," according to the recordings, it would help him "get through" his remaining two years as governor. Federal authorities arrested Blagojevich on Tuesday on charges that include allegedly scheming to sell an appointment to the U.S. Senate for anything from an ambassadorship to a corporate-board post for his wife. "I want to make money," Blagojevich is quoted by authorities as saying on a federal wiretap recording, discussing whether President-elect Barack Obama would name him to a Cabinet post in exchange for who he thought was Obama's choice to take his Senate seat. |
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Obama legal team meets with anti-torture generals
Legal Topics |
2008/12/03 23:12
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A dozen retired generals met with President-elect Barack Obama's top legal advisers Wednesday, pressing their case to overturn seven years of Bush administration policies on detention, interrogation and rendition in the war on terror. "President-elect Obama has said that Americans do not engage in torture, that we must send a message to the world that America is a nation of laws, and that we as a nation should stand against torture. He believes that banning torture will actually save American lives and help restore America's moral stature in the world," said an official close to the transition who asked not to be named to discuss internal matters. "This meeting is timely and very helpful to advancing this work." Among those who met with Eric Holder, Obama's pick to be attorney general, and Greg Craig, tapped to be White House counsel, were Gen. Charles Krulak, a former Marine Corps commandant, and retired Marine Gen. Joseph Hoar, former chief of the Central Command. Hoar called the meeting "productive." "It's important that the dialogue is going," Hoar said. "Part of the challenge here is big and philosophical. Part is nuts and bolts. How do you translate the rhetoric of the campaign and the transition period into action?" The generals would like to see authority rescinded for the CIA to use harsh interrogation methods that go beyond those approved for use by the military, an end to the secret transfer of prisoners to other governments that have a history of torture, and the closing of the U.S. jail at Guantanamo Bay Naval Base. President George W. Bush vetoed legislation championed by the retired officers that would have held the CIA to the military's interrogation methods in March. Obama has criticized the use of torture in interrogating detainees and promised to close Guantanamo Bay's military prison. The transition team official said no decisions about the detainee policies will be made until after the inauguration and Obama's full national security and legal teams are in place. |
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Court upholds $156M Palestinian terror verdict
Legal Topics |
2008/12/03 23:03
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A federal appeals court has upheld a $156 million judgment against three Palestinian charities accused of bankrolling terrorism, but dropped a Chicago man from the long-running civil suit. The opinion was filed over the killing by Hamas terrorists of American-born student David Boim (BOYM). It says donors to charities are liable if those charities engage in terrorist acts. But the court dropped Chicagoan Muhammad Salah (suh-LAH') from the case, saying he was in jail when the anti-terrorism law was passed, so he couldn't have violated it. Boim was fatally shot in May 1996 while standing at a bus stop in a West Bank town near Jerusalem. The case isn't over who pulled the trigger, but who must pay damages. |
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