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High court hears dispute over religious monument
Headline News | 2008/11/12 18:20
Supreme Court justices warily confronted a free speech dispute Wednesday over a small religious group's efforts to place a monument in a public park.

The justices seemed reluctant to accept the arguments put forth by the religious group known as the Summum that once a government accepts any donations for display in a public park, it must accept them all.

"Do we have to put any president who wants to be on Mt. Rushmore?" Chief Justice John Roberts asked.

Yet the court also was uncomfortable with the position of Pleasant Grove City, Utah, which rejected the Summum's request to erect a monument similar to a Ten Commandments display that has stood in the city's Pioneer Park since 1971.

Justice David Souter wondered how the city could accept the Ten Commandments display and then say, "'We will not on identical terms take the Summum monument because we don't agree with the message.' Why isn't that a First Amendment violation?"

The Salt Lake City-based Summum wants to erect its "Seven Aphorisms of Summum" monument in the park.

The Summum argued, and a federal appeals court agreed, that Pleasant Grove can't allow some private donations in its public park and reject others.



Ex-Wash. priest agrees to pay abuse victims $5M
Lawyer Blog News | 2008/11/11 16:58
A former priest accused in many of the child sex-abuse claims that bankrupted the eastern Washington Catholic diocese has agreed to pay $5 million to victims, who'll likely never be paid.

Even though Patrick O'Donnell doesn't have the money he agreed to pay, a lawyer for some two dozen victims says getting the former priest to own up to his actions will help them put the abuse behind them.

"I think we achieved our goal, which was to get a judgment, and hopefully we can deprive him of as many assets as we can," the victims' lawyer, Timothy Kosnoff, said Monday.

O'Donnell avoids a civil trial that was scheduled this week. A court hearing to record the settlement is set for Wednesday.

O'Donnell's lawyer, John Bergman of Seattle, declined to release details of the settlement, saying documents were still being prepared. "We want to put an end to this case," Bergman said.



Gay arts group sues Milwaukee for discrimination
Court Feed News | 2008/11/11 11:58
A gay arts group has sued the city of Milwaukee in federal court for violating its free speech rights three years ago when officials shut down a musical revue featuring nudity.

The city temporarily shut down performances of "Naked Boys Singing!" in August 2005 while it considered the Milwaukee Gay Arts Center's application for a theater permit. The group later received a permit and reopened the show.

Larry Dupuis, legal director for the American Civil Liberties Union of Wisconsin, which is handling the case, said the city's enforcement seemed unusually zealous, even given the musical's content.

"I think the title made it kind of controversial," Dupuis said. "But of course, `The Full Monty' has nudity in it, and that doesn't get it threats to shut it down."

The lawsuit, filed Monday, says the city ordinance is unconstitutional because it gives officials "unbridled discretion" over when permits must be obtained and how applications will be handled. It also says the law could be used to restrict certain viewpoints.

Eileen Force, a spokeswoman for Mayor Tom Barrett, declined to comment on the lawsuit, and a call to the office of City Attorney Grant Langley rang unanswered Monday afternoon.

Dupuis said few, if any, other nonprofit theater groups have been required to get permits from the city.



Former Taiwanese president led to court in cuffs
Legal World News | 2008/11/11 11:56
Taiwan television stations have broadcast pictures of former President Chen Shui-bian being led from a prosecutor's office in handcuffs.

The stations report that Chen is being taken to Taipei district court, where prosecutors are seeking an arrest order from a judge.

There has been no official statement from prosecutors on the case.

Chen faced more than five hours of questioning Tuesday in connection with his role in an alleged money laundering scheme.

Taiwan media say that prosecutors have recommended the arrest of former President Chen Shui-bian on corruption charges.

All of the island's seven cable news stations say the decision came after Chen underwent more than five hours of questioning on his alleged role in a money laundering scheme.



Obama planning US trials for Guantanamo detainees
U.S. Legal News | 2008/11/10 18:40
President-elect Obama's advisers are quietly crafting a proposal to ship dozens, if not hundreds, of imprisoned terrorism suspects to the United States to face criminal trials, a plan that would make good on his promise to close the Guantanamo Bay prison but could require creation of a controversial new system of justice.

During his campaign, Obama described Guantanamo as a "sad chapter in American history" and has said generally that the U.S. legal system is equipped to handle the detainees. But he has offered few details on what he planned to do once the facility is closed.

Under plans being put together in Obama's camp, some detainees would be released and many others would be prosecuted in U.S. criminal courts.

A third group of detainees — the ones whose cases are most entangled in highly classified information — might have to go before a new court designed especially to handle sensitive national security cases, according to advisers and Democrats involved in the talks. Advisers participating directly in the planning spoke on condition of anonymity because the plans aren't final.

The move would be a sharp deviation from the Bush administration, which established military tribunals to prosecute detainees at the Navy base in Cuba and strongly opposes bringing prisoners to the United States. Obama's Republican challenger, John McCain, had also pledged to close Guantanamo. But McCain opposed criminal trials, saying the Bush administration's tribunals should continue on U.S. soil.

The plan being developed by Obama's team has been championed by legal scholars from both political parties. But it is almost certain to face opposition from Republicans who oppose bringing terrorism suspects to the U.S. and from Democrats who oppose creating a new court system with fewer rights for detainees.

Laurence Tribe, a Harvard law professor and Obama legal adviser, said discussions about plans for Guantanamo had been "theoretical" before the election but would quickly become very focused because closing the prison is a top priority. Bringing the detainees to the United States will be controversial, he said, but could be accomplished.

"I think the answer is going to be, they can be as securely guarded on U.S. soil as anywhere else," Tribe said. "We can't put people in a dungeon forever without processing whether they deserve to be there."

The tougher challenge will be allaying fears by Democrats who believe the Bush administration's military commissions were a farce and dislike the idea of giving detainees anything less than the full constitutional rights normally enjoyed by everyone on U.S. soil.

"There would be concern about establishing a completely new system," said Rep. Adam Schiff, D-Calif., a member of the House Judiciary Committee and former federal prosecutor who is aware of the discussions in the Obama camp. "And in the sense that establishing a regimen of detention that includes American citizens and foreign nationals that takes place on U.S. soil and departs from the criminal justice system — trying to establish that would be very difficult."

Obama has said the civilian and military court-martial systems provide "a framework for dealing with the terrorists," and Tribe said the administration would look to those venues before creating a new legal system. But discussions of what a new system would look like have already started.

"It would have to be some sort of hybrid that involves military commissions that actually administer justice rather than just serve as kangaroo courts," Tribe said. "It will have to both be and appear to be fundamentally fair in light of the circumstances. I think people are going to give an Obama administration the benefit of the doubt in that regard."

Though a hybrid court may be unpopular, other advisers and Democrats involved in the Guantanamo Bay discussions say Obama has few other options.

Prosecuting all detainees in federal courts raises a host of problems. Evidence gathered through military interrogation or from intelligence sources might be thrown out. Defendants would have the right to confront witnesses, meaning undercover CIA officers or terrorist turncoats might have to take the stand, jeopardizing their cover and revealing classified intelligence tactics.

In theory, Obama could try to transplant the Bush administration's military commission system from Guantanamo Bay to a U.S. prison. But Tribe said, and other advisers agreed, that was "a nonstarter." With lax evidence rules and intense secrecy, the military commissions have been criticized by human rights groups, defense attorneys and even some military prosecutors who quit the process in protest.



Ariz. boy accused in slayings to appear in court
Court Feed News | 2008/11/10 18:39
An 8-year-old boy is due in court Monday to face two counts of premeditated murder in the shooting death of his father and a friend, a hearing on the same day mourners were to gather for a funeral.

Police say the boy, a third-grader, confessed to planning and carrying out the shooting deaths of his father, Vincent Romero, 29, and a co-worker who rented a room from him. The men were found dead inside Romero's home northeast of Phoenix on Wednesday.

Authorities had no motive for the shootings.

"That's what's puzzling to us," Police Chief Roy Melnick said Monday on NBC's "Today" show. "There's no record of any problems in school, no reported abuse."

Romero came from a family of hunters and wanted to make sure the boy wasn't afraid of guns, said the Very Rev. John Paul Sauter of St. Johns Catholic Church. He said the father taught his son how to use a rifle to kill prairie dogs.

Police say the boy used a .22-caliber rifle to kill his father and the other man, Timothy Romans, 39, of San Carlos.

St. Johns police are hoping a judge will agree to try the boy as an adult but admit it's unlikely.

The boy's attorney says police questioned his client without representation from a parent or attorney and didn't advise the child of his rights.

The killings took place in the St. Johns, a town of about 4,000 people some 170 miles northeast of Phoenix.

Romero was well-liked and people here are likely turn out in droves for his funeral.

"Everybody here is heart-broken," Melnick said. "We are a close-knit community. A lot of friends and neighbors have pulled together."



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