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Amputee awaits high court, wants musical glow back
Legal Career News | 2008/10/31 01:08
When Diana Levine turned 63 recently, her daughter made her a birthday card, drawing on Greek mythology with an illustration of Diana the Huntress, her bow string drawn taut, an arrow ready to fly.

But the arm pulling at the bowstring was amputated below the elbow — just like Diana Levine's — and the target was labeled the "Wyeth monster."

That's Wyeth as in Wyeth Pharmaceuticals, the company Levine blames for a botched injection of the Wyeth-made drug Phenergan that led doctors to amputate her right arm in 2000.

Levine, once a professional guitar player and pianist, now plays with one hand and sings. "It's about getting my glow back," she said recently as she was awaiting a hearing Monday before the U.S. Supreme Court, where Wyeth is appealing a $6.7 million verdict in her favor.

The outcome of Levine's case could have major ramifications for drug makers and consumers. The court is expected to decide whether people can sue under state law — or are pre-empted from doing so — for harm caused by a drug approved by the federal Food and Drug Administration.



Judge orders mom charged in kid's death released
Criminal Law Updates | 2008/10/30 17:10
A woman accused with her husband of giving their 4-year-old daughter a fatal overdose of prescription drugs will be released from jail as she awaits trial, a judge ruled Thursday.

Judge Charles Hely said Carolyn Riley should be released on her own recognizance once she proves she has a place to live because she has been held without bail for 20 months.

The trial has been tentatively scheduled for Jan. 22, but could be postponed as the state Appeals Court considers prosecutors' appeal of a decision reducing the charge against the Rileys from first- to second-degree murder in the death of their daughter, Rebecca.

The girl was found dead on her parents' bedroom floor on Dec. 13, 2006.

A state medical examiner determined Rebecca died of a lethal combination of prescription drugs for bipolar disorder and attention deficit hyperactivity disorder, for which she and two older siblings were being treated.



Ecuador choses new Supreme Court by lottery
Legal World News | 2008/10/30 01:08
Ecuador has picked a new temporary Supreme Court by lottery, but judges say they will boycott the tribunal.

The old court was dissolved on Sunday under a new constitution that took effect last week. The temporary 21-member court chosen at random from the ranks of the 31 former justices is supposed to operate until a permanent body takes over in 2009.

Judges warned last week that they would refuse to take seats determined by the "degrading" lottery.

Ex-justice Mauro Teran was the first to reject his seat following Wednesday's selection. He said the rest would follow suit, and called the lottery "an affront to the judicial office."

It is not clear what officials will do if all the judges refuse their seats.



Swiss court: 2 Kosovo men guilty of drug smuggling
Legal World News | 2008/10/30 01:08
Two brothers from Kosovo were convicted Thursday of running a massive drug smuggling ring that prosecutors said supplied Western Europe with up to half of its heroin.

Ragip and Kemal Shabani channeled 1.5 tons of heroin through Europe from the mid-1990s until 2003, when they were shut down, prosecutors said. They used a small town in Kosovo as their base with branches in Macedonia, Albania, Spain and the Czech Republic, according to the Federal Criminal Court.

The trial — considered one of Switzerland's largest-ever drug cases — was held under high security in the southern town of Bellinzona, with only some relatives and journalists allowed into the courtroom.

Judge Jean-Luc Bacher sentenced Ragip Shabani to 15 years in prison for breaking Swiss narcotics law, and ordered the 42-year-old to pay 300,000 francs ($261,400) in court costs.

Kemal Shabani, 28, was given only a two-year suspended sentence for participating in a criminal organization, and was charged 90,000 francs ($78,400) in court costs.



Feds arrest Mass. senator on corruption charges
Lawyer Blog News | 2008/10/29 01:57
A state senator who lost the Democratic primary last month was arrested by the FBI on Tuesday and charged with accepting $23,500 in bribes from undercover agents she believed were local businessmen.

Sen. Dianne Wilkerson was charged with attempted extortion as a public official and theft of honest services as a state senator. She did not enter a plea during an initial court appearance Tuesday.

She faces up to 20 years in prison and $250,000 in fines on each count.

Wilkerson, 53, lost the Democratic primary in September to former teacher Sonia Chang-Diaz despite support from Mayor Thomas Menino and Gov. Deval Patrick. She is running a write-in campaign for the Nov. 4 election, in hopes of retaining the seat she has held since 1993.

Wilkerson was ordered Tuesday to have no contact with witnesses and retain any documents related to the extortion case or to her personal finances.

In asking for those conditions, Assistant U.S. Attorney John McNeil said Wilkerson has a "long history of acting as if she is above the law."

Wilkerson's attorney, Max Stern, said she would obey the judge. She has been released on an unsecured $50,000 bond.



Wash. couple plead not guilty to mistreating girl
Court Feed News | 2008/10/29 01:54
A father and stepmother accused of withholding their 14-year-old daughter's food and water pleaded not guilty Monday to mistreating the girl, who weighed only 48 pounds when authorities removed her from the home.

The girl's father, Jon E. Pomeroy, 43, and stepmother, Rebecca A. Long, 44, each could face three to four years in prison if convicted of criminal mistreatment.

King County Superior Court Judge Cheryl Carey ordered the couple to avoid contact with the girl and her 12-year-old brother, who are both in foster care. The couple declined to comment afterward.

The couple was charged on Oct. 13, two months after the girl was removed from the home near Carnation, about 20 miles east of Seattle, by the state Department of Social and Health Services.

In court documents, a deputy sheriff described the girl as "extremely skinny and pale" and found she weighed only 48 pounds.

Court documents also said that doctors who evaluated the girl found that she was extremely malnourished and that she hadn't gained weight since she was 9.

The girl told investigators she was allowed about 6 ounces of water each day, and was monitored by Long to keep from drinking extra water. Pomeroy was aware of her treatment but did nothing to stop it, the girl said.

Long told police that she used the water restriction to punish her stepdaughter. The son was not similarly mistreated.

Both Long and Pomeroy had been released from the King County Jail after each posted $20,000 bond.



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