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Parents charged in 2-year-old son's shooting death
Court Feed News | 2008/09/17 14:00
State police on Wednesday arrested the parents of a 2-year-old boy who died last month after accidentally shooting himself with a gun he found in the family's home.

Jason Matteau, 27, and Rebecca Matteau, 24, of Jewett City, turned themselves to police in Montville after being told authorities had arrest warrants for them. They were freed on $50,000 bonds and ordered to appear in court Oct. 1.

Their son, Wyatt, died Aug. 28, about two hours after being shot in the head when the gun accidentally fired, state police said. The Matteaus were at their apartment with their son and infant daughter at the time, but Wyatt was alone in a room when the gun went off, troopers said.

Connecticut law makes it a crime to store loaded firearms in an area where the owner reasonably should know that someone under 16 could find them.

Jason and Rebecca Matteau are both charged with risk of injury to a minor. Jason Matteau is also charged with criminally negligent storage of a firearm.

Both charges are felonies. Risk of injury to a minor carries up to 10 years in prison, and the firearm charge carries up to five years in jail.



Defense says O.J. middleman may testify Tuesday
Lawyer Blog News | 2008/09/16 15:58
Lawyers for O.J. Simpson were expecting to take another crack at cross-examining an alleged robbery-kidnapping victim after his first time on the stand was cut short by illness.

On Tuesday, the court expected to call Bruce Fromong again and perhaps several other witnesses who could set the stage for the jury to hear from Thomas Riccio, the colorful collectibles broker who arranged a hotel room meeting between Simpson and memorabilia peddlers Fromong and Alfred Beardsley a year ago when the pair said they were robbed at gunpoint.

"Obviously the prosecution may change witness order a little bit, but I would expect Tom Riccio tomorrow or Wednesday," Simpson defense attorney Yale Galanter said.

Fromong, 54, became "lightheaded, dizzy and started to sweat," according to his lawyer, Louis Schneider, before Clark County District Court Judge Jackie Glass sent the jury out of the room and suspended his testimony.

Fromong has had four heart attacks in the past year, said Schneider, who described his client as "medically fragile." Paramedics examined Fromong in the courthouse hallway, but left without taking him to a hospital.

The break interrupted a pointed cross-examination by Simpson lawyer Gabriel Grasso, who bored in after Fromong said for the first time that he heard "somebody in the room saying, 'put the gun down.'"



US court reviews ruling in teen's terrorism death
Law & Politics | 2008/09/13 15:48
David Boim was standing at a bus stop in a West Bank town near Jerusalem 12 years ago when terrorists opened fire, fatally shooting the 17-year-old American teenager.

A lawsuit filed by his parents has been dragging through the courts for eight years as attorneys argue the central issue: who must pay damages.

A federal appeals court is still trying to come up with the answer.

Last December, the 7th U.S. Circuit Court of Appeals threw out a lower court's order requiring several U.S.-based Islamic groups to pay $156 million to Boim's family — who claim money the groups gave to Palestinian charities ultimately helped fund terrorism.

But now the appeals court is second-guessing itself and revisiting the emotionally charged case, the first filed under a 1991 law allowing American victims of international terrorism to recover triple damages.

During an extraordinary "en banc" hearing before all 10 sitting judges last week, the case came in for a fresh airing. How much longer the case will go on is anyone's guess.



Va. court strikes down anti-spam law
Legal Career News | 2008/09/13 15:47
The Virginia Supreme Court declared the state's anti-spam law unconstitutional Friday and reversed the conviction of a man once considered one of the world's most prolific spammers.

The court unanimously agreed with Jeremy Jaynes' argument that the law violates the free-speech protections of the First Amendment because it does not just restrict commercial e-mails — it restricts other unsolicited messages as well. Most other states also have anti-spam laws, and there is a federal CAN-SPAM Act as well, but those laws apply only to commercial e-mail pitches.

The Virginia law "is unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mails, including those containing political, religious or other speech protected by the First Amendment to the U.S. Constitution," Justice G. Steven Agee wrote.

Agee wrote that "were the Federalist Papers just being published today via e-mail, that transmission by Publius would violate the statute." Publius was the pseudonym used by Alexander Hamilton, James Madison and John Jay in essays urging ratification of the Constitution.



Judge rejects anti-Obama group's request
Legal Career News | 2008/09/12 15:39
A federal judge dealt a blow Thursday to the advertising plans of a conservative group that purports to tell "the real truth" about Barack Obama's abortion views.

U.S. District Judge James Spencer denied a preliminary injunction sought by The Real Truth About Obama Inc. against the Federal Election Commission. The injunction would have barred the FEC from enforcing its fundraising and advertising regulations against the Richmond-based group, which was formed by anti-abortion activists.

The organization claimed in court papers that its "issue advocacy" amounts to constitutionally protected free speech that does not expressly advocate the election or defeat of a candidate.

In a brief order, Spencer said the constitutional claim lacked merit and that an injunction would harm the public. He did not elaborate but said a written explanation of his ruling will be issued later.

James Bopp Jr. of Terre Haute, Ind., attorney for The Real Truth About Obama, said he likely will ask the 4th U.S. Circuit Court of Appeals for an expedited appeal of Spencer's ruling.

"The purpose of the First Amendment is to protect our ability to speak about issues and candidates and do so in a timely way," said Bopp.



4 Calif. Tree-sitters plead not guilty in court
Court Feed News | 2008/09/12 15:37
Four tree-sitters who ended their occupation of a University of California at Berkeley oak grove this week have pleaded not guilty to misdemeanor charges.

The four face charges of trespassing and illegal lodging for taking part in the 21-month protest. The group had aimed to stop the campus from cutting down trees to make way for a new athletic training facility.

But after the campus got a court order allowing the construction, workers cut down most of the trees scheduled for removal.

The protesters climbed down Tuesday after authorities surrounded the remaining tree with scaffolding.

One of the tree-sitters is set to be released after posting bail. The other three remain in custody. The four return to court for a pretrial hearing Monday.



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