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Judge finds violation in Calif. forest planning
Lawyer Blog News | 2009/06/12 10:36
Federal agencies violated the Endangered Species Act by developing plans for four national forests in California without adequately addressing the impact on endangered animals, a judge ruled.


The judge's order will require estimates of how forest projects may harm endangered or threatened plants and animals such as the California condor and the gnatcatcher.

"This ruling is a great victory for the rare and endangered species that call the Southern California forests home," said Ileene Anderson, a biologist with the Center for Biological Diversity, one of the groups that sued the federal agencies.

The U.S. Forest Service revised its plans for the Cleveland, Los Padres and San Bernardino forests in 2005, laying out how the land and resources would be overseen for the next decade, including the management of roads, trails and recreation.

The U.S. Fish and Wildlife Service and National Marine Fisheries Service provided estimates on the potential impact of these plans on wildlife, but critics said they didn't include required measures to minimize harm to endangered species.

Judge Marilyn Hall Patel ruled Monday in San Francisco that the agencies did not follow the species protection law by omitting statements detailing how the forest plans may harm endangered species. The agencies said they planned to do so when specific projects were undertaken.



PA lawyer to plead guilty in $2.5M corruption case
Court Feed News | 2009/06/11 14:38
Federal prosecutors say a Pennsylvania lawyer who allegedly tried to cover up payments he made to a pair of judges in a $2.5 million corruption case will plead guilty.


Prosecutors said Tuesday that 49-year-old Robert Powell of Hazleton falsified records to hide the true income of former Luzerne County judges Mark Ciavarella and Michael Conahan. They said Powell also transferred tens of thousands of dollars in cash to Conahan to avoid federal income taxes.

The former judges have pleaded guilty to accepting payoffs in exchange for placing juveniles in detention facilities operated by companies that Powell co-owned. Their sentencings are pending.

Powell's lawyer said Powell realized he made a mistake. He faces a maximum sentence of more than five years.



Mass. woman pleads not guilty to stabbing toddler
Court Feed News | 2009/06/11 14:38
A Massachusetts woman charged with stabbing her 2-year-old daughter over 100 times with scissors has pleaded not guilty.


The Telegram & Gazette reports that Susan Johnson made the plea at her arraignment Wednesday in Worcester (WUH'-ster) Superior Court. She faces a variety of charges including armed assault with intent to murder and attempted murder. She was ordered held on $100,000 bail.

Prosecutors say the 39-year-old attacked the child in an apartment complex's laundry room in Gardner, about 70 miles northwest of Boston.

Authorities says she also tried to strangle the girl with a dryer's electrical cord.

Her lawyer says Johnson has a history of mental illness. She is scheduled back in court July 21.



2 Alaska lawmakers could be freed, review ordered
Lawyer Blog News | 2009/06/11 14:37
Two former Alaska state lawmakers could be released from prison soon after a federal appeals court Wednesday ordered their corruption convictions reviewed.


The orders were expected after the U.S. Justice Department last week concluded prosecutors improperly handled evidence in the 2007 trials of former Alaska House Speaker Pete Kott and former Rep. Vic Kohring, both Republicans.

U.S. District Court Judge John Sedwick on Wednesday ordered U.S. marshals to transport Kott and Kohring from federal prisons to Anchorage as soon as is reasonable for bail hearings. Last week, U.S. Attorney General Eric Holder had asked that the former lawmakers be released on their own recognizance.

A three-judge panel of the 9th U.S. Circuit Court of Appeals earlier in the day granted Kott's request for bail, subject to terms set by Sedwick. The judges ordered the immediate release of Kohring, again with Sedwick setting conditions.



Anger as nursery worker faces court
Court Feed News | 2009/06/11 14:36

A female nursery worker has been jeered and spat at when she appeared in court charged with sexual assault and making and distributing child abuse images.


Vanessa George, who worked at the Little Ted's nursery in Plymouth, was remanded in custody amid angry scenes in the city's magistrates' court.

George, 39, of Douglass Road, Plymouth, faces three counts of sexually assaulting a girl under 13 and one count of sexually assaulting a boy under 13.

She also faces three separate counts of making, possessing and distributing indecent images of children.

The court heard the charges range from January 2007 to this month.

George, wearing a white T-shirt and black trousers, spoke only to confirm her name and address. She entered no pleas, no application for bail was made and she will now appear at Plymouth Crown Court on September 21.

She was jeered and hissed by people in the public gallery as she emerged into the court, and when the charges were read out, parents cried and yelled and one man ran from the court in tears.



Ill. horse racing tracks hope for riverboat money
Lawyer Blog News | 2009/06/10 11:43

Four Illinois riverboat casinos failed to get the U.S. Supreme Court to hear their challenge to a law requiring them to share their profits with the state's ailing horse racing tracks.

The court's Monday decision means Illinois tracks expect to share in an estimated $80 million -- money set aside under a 2006 law requiring state riverboat casinos that gross over $200 million annually to give 3 percent of their take to the horse racing industry.

The boats -- in Aurora, Elgin, and two in Joliet -- asked the high court to review whether the law violated the U.S. Constitution's prohibition on unwarranted seizure of assets. The Illinois Supreme Court ruled last year that the "takings" clause applies to government acquisition of private land, not taxes.

The casinos had paid the fee in protest and money was set aside in a special state account during the three-year life of the law. About $79 million was in the account at the time of last June's state court ruling.



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