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Burris' best bet could be federal court
U.S. Legal News | 2009/01/08 10:35
If Senate Democrats stick to their refusal to seat Roland Burris as a senator from Illinois, his best bet could be getting a federal judge to force open the Senate's doors.

Burris would be relying on a constitutional provision listing just three, easily met qualifications for the job and a 1969 Supreme Court decision rebuking the House for excluding an elected, though scandal-tarred, lawmaker.

So far, Senate leaders are unwilling to seat Burris because he was named by Illinois Gov. Rod Blagojevich, ensnared by allegations of corruption, to replace President-elect Barack Obama in the Senate.

Democrats and Obama have said the federal corruption charges against Blagojevich would strip credibility from anyone he appointed to the seat, although they do not question the integrity of Burris, a former Illinois attorney general. Blagojevich denies federal accusations that he tried to sell Obama's seat.

Senate Democrats are relying for the moment on a technicality — the refusal of the Illinois secretary of state to sign paperwork making Burris' appointment official. Burris' lawyers first are asking the state Supreme Court to take care of that problem.

But it is far from clear that Senate Majority Leader Harry Reid, D-Nev., would then relent and welcome Burris as a new colleague.



Metrolink Crash Has New Details
2008 Metrolink Crash | 2009/01/08 08:46

Attorneys representing victims of adeadly Metrolink train crash in Chatsworth have scheduled a newsconference for later today to announce what they claim are “explosive”new details regarding the catastrophe.

The Sept. 12 collision between the commuter train and a Union Pacific freight train killed 25 people and injured 135 others.Federal safety investigators have said that Metrolink locomotiveengineer Robert M. Sanchez sent and received dozens of text messagesfrom his cellphone while on duty the day of the crash -– a violation ofthe commuter line’s policy. The last message was sent just 22 secondsbefore impact, according to preliminary findings by the NationalTransportation Safety Board.

In announcing their news conference, the attorneys did not disclosedetails about their new information. But in a lawsuit filed two weeksago, they alleged that Metrolink and its contractor that operates thetrains had knowledge of engineers text-messaging while at work.

They“allowed their trains to be operated by locomotive engineers who wereknown to be using cellphones on duty (and sending and receiving textmessages), in violation of existing railroad operation rules,”according to the complaint filed in Los Angeles Superior Court.

“They also knew that ... employees had violated railroad rulesprohibiting use of cellphones while operating trains.” The lawsuitprovided no specifics about the alleged cellphone use by engineers orwhether there was evidence that Metrolink or its contractor knew thatSanchez had sent text messages.

Federal investigators said Sanchez, who was killed in the collision,was supposed to stop at a red signal just ahead of a switch mechanismintended to guide the Union Pacific train to a side rail. Instead,Sanchez barreled over the switch at 42 mph, bending it badly, beforeslamming into the southbound freight carrier on a sharp curve about aquarter of a mile past the light, according to federal investigators.

A multi-agency probe, which is being led by the NTSB, will takemonths to determine a probable cause. We’ll be at the news conferenceand keep you updated.



Federal judge indicted on additional sex charges
Headline News | 2009/01/07 17:18
U.S. District Judge Samuel Kent, the first federal jurist indicted on sex crimes, is now facing more serious charges.

Kent was set to be arraigned Wednesday, a day after a federal grand jury in Houston added three new charges to the indictment it issued in August that accuses him of making unwanted sexual advances toward his former court case manager.

The new charges — aggravated sexual abuse, abusive sexual contact and obstruction of justice — allege Kent engaged in unwanted sexual contact with a second former court employee and later lied about it to investigators.

"There is a gag order in the case which prohibits the parties from making any sort of comment with the exception of stating without elaboration what the defense is to these new charges," said Dick DeGuerin, Kent's attorney. "They are untrue and we believe the product of intense pressure and threats brought against the complainant."

In a press release, the Justice Department only gave a brief description of the additional charges against Kent.

Kent, who was released on his own recognizance after last year's indictment, is still on the bench.

Jury selection in Kent's trial on the initial charges against him was set to begin Jan. 26. It was not immediately known if the new charges would delay the trial.

If convicted, Kent faces up to life in prison and a fine of up to $250,000. He is the first federal judge to be indicted in the last 18 years.

Kent initially faced two counts of abusive sexual contact and one count of attempted aggravated sexual abuse following a U.S. Justice Department investigation into complaints by case manager Cathy McBroom.



FBI tapes might elude Illinois impeachment panel
Lawyer Blog News | 2009/01/07 17:16
State legislators weighing evidence against Gov. Rod Blagojevich may finish their work before getting any tapes of the governor's conversations that were made secretly by the FBI, attorneys indicated Monday.

The House impeachment panel is racing to complete its job, possibly by the end of this week. But the efforts of federal prosecutors to give the panel some of the FBI tapes face a potential obstacle course in court that could take up several weeks.

"These tapes are relevant evidence; we'd like to have them," said David Ellis, a lawyer for the impeachment panel. But he said the panel could wrap up its work as early as this week, and "we have already gathered a large volume of evidence."

Blagojevich, 52, a two-term Democrat, is charged along with former Chief of Staff John Harris with a scheme to sell or trade the U.S. Senate seat left vacant by Barack Obama's election as president.

Blagojevich is also charged with illegally plotting to use his power as governor to squeeze roadbuilders, a harness racing executive and the head of a children's hospital, among others, for hefty campaign contributions.

Prosecutors propose to provide the impeachment panel with a few minutes of the extensive recordings the FBI made of the governor talking with aides and others.



Calif. court sides with Episcopals over property
Headline News | 2009/01/06 17:03
The state's high court ruled Monday that three Southern California parishes that left the U.S. Episcopal Church over its ordination of gay ministers cannot retain ownership of their church buildings and property.

In an unanimous decision, the California Supreme Court ruled that the property belongs to the Episcopal Church because the parishes agreed to abide by the mother church's rules, which include specific language about property ownership.

St. James Church in Newport Beach, All Saints Church in Long Beach and St. David's Church in North Hollywood pulled out of the 2.1 million-member national Episcopal Church in 2004 and sought to retain property ownership.

Each church held deeds in their names to the property. The court ruled that Episcopal Church canons made it clear the property belonged to the individual parishes only as long as they remained part of the bigger church.

"When it disaffiliated from the general church, the local church did not have the right to take the church property with it," Supreme Court Justice Ming Chin wrote for the seven-member court.

The 2003 ordination of an openly gay bishop in New Hampshire set off a wide-ranging debate within the church and upset conservative congregations. Since then, four dioceses and about 100 individual churches have split and set off bitter religious and legal feuds over church doctrine and division of property.



Blackwater guards to appear in court Tuesday
Legal Career News | 2009/01/06 17:02
Five Blackwater Worldwide security guards are expected to appear in federal court to answer to manslaughter charges in the 2007 shooting deaths of 17 Iraqi civilians in Baghdad.

The Blackwater guards are scheduled to appear for arraignment Tuesday afternoon in U.S. District Court on manslaughter and weapons charges in the shootings.

Expected to enter not guilty pleas are former Marines Donald Ball of West Valley City, Utah; Dustin Heard of Knoxville, Tenn.; Evan Liberty of Rochester, N.H.; and Army veterans Nick Slatten of Sparta, Tenn., and Paul Slough of Keller, Texas.

A sixth guard — Jeremy Ridgeway of California — has pleaded guilty to one count each of manslaughter, attempted manslaughter, and aiding and abetting. He has agreed to cooperate with investigators.

Prosecutors said the men unleashed a gruesome attack on unarmed Iraqis, including women, children and people trying to escape. But defendants contend they opened fire after coming under attack when a car in a State Department convoy they were escorting broke down.

Blackwater radio logs made available to The Associated Press by a defense attorney in the case last month raised questions about prosecutors' claims that the guards' shooting was unprovoked. The log transcripts describe a hectic eight minutes in which the guards repeatedly reported incoming gunfire from insurgents and Iraqi police.

The North Carolina-based Blackwater is the largest contractor providing security in Iraq. Most of its work for the State Department is in protecting U.S. diplomats in Iraq. The company has not been charged in connection with the shooting.



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