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Next ICC prosecutor warns against sex crimes
Legal Career News | 2011/12/14 20:57
The next chief prosecutor of the International Criminal Court pledged Tuesday to strengthen efforts to bring to justice the perpetrators of sexual and gender crimes.

A day after her election by the 119 countries that support the tribunal, Gambian lawyer Fatou Bensouda said too often gender crimes go unreported and unpunished and the victims are trivialized, denigrated, threatened and silenced, which enables the abuses to continue unimpeded.

In its first cases, she said, the ICC has sent the message that this is no longer acceptable and must stop.

The International Criminal Court, which began operating in 2002, is the world's first permanent war crimes tribunal. It is a court of last resort, stepping in only when countries are unwilling or unable to prosecute alleged war crimes, crimes against humanity and genocide.

At the moment, the ICC is dealing with cases from Congo, the Central African Republic, Uganda involving the Lord's Resistance Army, the Darfur conflict in Sudan, the recent Libyan uprising, and post-election violence in Kenya and Ivory Coast.

At present, crimes such as rape, sexual slavery, and forced prostitution and pregnancy are alleged in some cases before the court in all of these situations except Libya, where an investigation of alleged gender-based crimes is still under way.


Alleged White House shooter due in court Friday
Criminal Law Updates | 2011/12/14 16:57
A federal judge has set a new court date to hear more evidence about the mental health of a man accused of firing shots at the White House in November.

Oscar Ramiro Ortega-Hernandez of Idaho appeared Wednesday in federal court in Washington, where a judge set another hearing for Friday. Ortega is accused of using an assault rifle to fire at the White House on Nov. 11, when President Barack Obama was out of town. He is charged with attempting to assassinate the president.

Acquaintances have said Ortega acted strangely in recent months, suggesting he believed he was Jesus and calling Obama "the devil." A preliminary psychiatric screening found him competent to stand trial, but federal prosecutors are asking for more extensive tests.


Penn State figures accused of lying head to court
Lawyer Blog News | 2011/12/14 13:56
Jerry Sandusky's decision Tuesday to waive his preliminary hearing shifts the focus in the child sex-abuse scandal to two Penn State administrators accused of failing to properly report suspected abuse and lying to the grand jury investigating Sandusky.

Tim Curley and Gary Schultz face their own pretrial hearing on Friday in Harrisburg, and although the charges are much different, with far less severe potential penalties, their cases could hinge on a man also expected to be a prime witness against Sandusky: assistant football coach Mike McQueary.

McQueary testified that he happened upon "rhythmic, slapping sounds" in the football team locker room showers in March 2002, and looked in to see a naked boy being sodomized by the former defensive coordinator, according to a grand jury presentment.

McQueary, then a 28-year-old graduate assistant, reported what he saw to then-football coach Joe Paterno, the grand jury said. Paterno called Curley, the university's athletic director, the next day, and a week and a half later McQueary met with Curley and Schultz — who oversaw university police in his position as a vice president.


NY federal court showdown set over pregnancy pill
Lawyer Blog News | 2011/12/13 18:27
A federal judge in Brooklyn is poised to hear arguments Tuesday over whether the federal government is acting constitutionally in its decisions over the access teenage girls are given to morning-after contraceptive pills.

The arguments come just a week after Health and Human Services Secretary Kathleen Sebelius overruled scientists at the Food and Drug Administration and announced that the pills would only be available without prescription to those 17 and older who can prove their age. President Barack Obama said he supported the decision regarding a pill that can prevent pregnancy if taken soon enough after unprotected sex.

The Center for Reproductive Rights and other groups have argued that contraceptives are being held to a different and non-scientific standard than other drugs and that politics has played a role in decision making. Social conservatives have said the pill is tantamount to abortion.

Judge Edward Korman was highly critical of the government's handling of the issue when he ordered the FDA two years ago to let 17-year-olds obtain the medication. At the time, he accused the government of letting "political considerations, delays and implausible justifications for decision-making" cloud the approval process.


Mass. court OKs release of Bishop inquest report
Court Feed News | 2011/12/13 18:15
The highest court in Massachusetts has sided with The Boston Globe in a battle to release a report and transcript of an inquest into the 1986 shooting death of the brother of an Alabama professor accused of killing three colleagues in a 2010 shooting rampage.

The Supreme Judicial Court ruled Tuesday that the inquest materials can be released, but said Amy Bishop, her family, prosecutors and others can still argue to show "good cause" why the materials should remain sealed.

After Bishop was charged in Alabama, a Massachusetts judge conducted an inquest into her brother's death. A grand jury later indicted Bishop for murder.

The high court outlined new rules for the release of inquest materials, saying they should become public after prosecutors decide whether to bring criminal charges.


Washington Mutual agrees to settlement
Business Law Info | 2011/12/13 14:16
Bank holding company Washington Mutual Inc. has agreed to a settlement with some creditors involved in its Chapter 11 bankruptcy case and has filed a new reorganization plan.

Washington Mutual said in a statement late Monday that the settlement will allow it to distribute more than $7 billion to its creditors. The settlement must still be approved by the U.S. Bankruptcy Court for the District of Delaware.

"The comprehensive settlement announced today represents a fair and reasonable recovery for the thousands of equity holders of the company who have been following this case closely for three years," Michael Willingham, chairman of the committee of equity security holders appointed in the company's Chapter 11 proceedings.

Washington Mutual's bankruptcy case is three years old and its reorganization plans have twice been rejected by Bankruptcy Court Judge Mary Walrath. The company is hoping to exit bankruptcy protection by the end of February. It has a hearing scheduled for Jan. 11, 2012 in which the bankruptcy court will consider approval of the reorganization plan's disclosure statement. The company also plans to ask the bankruptcy court for a mid-February hearing to confirm its reorganization plan.


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