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Wis. court: Cops illegally taped nursing home sex
Criminal Law Updates | 2008/09/12 10:37
Police who videotaped a man having sex with his comatose wife in her nursing home room violated his constitutional rights, an appeals court ruled Thursday.

David W. Johnson, 59, had an expectation to privacy when he visited his wife, a stroke victim, at Divine Savior Nursing Home in Portage, the District 4 Court of Appeals ruled. Therefore, police violated his Fourth Amendment rights against unreasonable searches when they installed a hidden video camera in the room, the court said.

"We are satisfied that Johnson's expectation of privacy while visiting his wife in her nursing home room is one that society would recognize as reasonable," the unanimous three-judge panel wrote.

The ruling means prosecutors cannot introduce the videotapes as evidence in their case against Johnson, who is charged with felony sexual assault for having intercourse with his wife without her consent at least three times in 2005.

Johnson's attorney, Christopher Kelly, said his client would visit his now 54-year-old wife every day, reading her the Bible and moving her arms and legs so her muscles wouldn't atrophy.

The woman's sister is upset that prosecutors brought charges against him, Kelly said. "She believes her sister's husband was merely expressing his love for his wife and was trying everything he could to bring her back to consciousness," Kelly said.

The couple married in 1988 and had no children, Kelly said.

Kelly said he believed prosecutors would be forced to drop the charges without the evidence on the tapes and thought the appeals court made "a pretty obvious call."

Johnson's wife was admitted to the nursing home after suffering a stroke. Court records say she was unable to speak or sit up, and nursing home staff members fed, cleaned and turned her. Prosecutors say she was comatose.

Johnson visited her frequently and sometimes would close the door to her room so they could have privacy as allowed by the nursing home. But staff members tipped off police, fearing she was in danger because, they suspected, he was having sex with her.

Police obtained a search warrant to videotape the room and installed the camera, which ran for three weeks. Johnson, who is free on bail, was charged based on that evidence.



Texas appeals court stop scheduled execution
Court Feed News | 2008/09/11 15:25
Attorneys for a killer who had been scheduled to die Wednesday say he should get a new trial because his trial judge and the prosecutor admitted having a secret sexual relationship that began years before his murder convictions.

Charles Dean Hood won a reprieve Tuesday, but not because of the alleged affair.

The Texas Court of Criminal Appeals said it will reconsider its previous dismissal of an appeal by Hood that challenged jury instructions. The court said developments in the law regarding jury nullification instructions made reconsidering its ruling prudent.

At the same time, the court dismissed claims by Hood's attorneys that he was denied a fair trial because of the alleged relationship between retired Judge Verla Sue Holland and former Collin County District Attorney Tom O'Connell. O'Connell and Holland gave depositions under a court order Hood's attorneys won on Monday.

The reprieve came around the time Hood's lawyers sent Gov. Rick Perry a letter saying that Holland and O'Connell "admitted under oath that they had an intimate sexual relationship for many years."

Attorneys for Holland and O'Connell said they were under court order not to discuss their clients' testimony.

"The intimate sexual relationship between the judge and the district attorney began several years prior to the trial of Mr. Hood," lawyer Greg Wiercioch said in his letter to the governor re-emphasizing his earlier petition for a 30-day reprieve.



Reputed Miss. Klansman may soon walk out of prison
Lawyer Blog News | 2008/09/11 12:24
Attorneys said Wednesday they are working to free a reputed Ku Klux Klansman after a federal appeals court overturned the three life sentences he was serving for the 1964 abduction of two black teenagers who died after being beaten and thrown in the Mississippi River.

James Ford Seale, 73, had spent just over a year in prison after being convicted in June 2007 on kidnapping and conspiracy charges related to the abductions of Charles Eddie Moore and Henry Hezekiah Dee.

Authorities said the two 19-year-old friends were beaten by Klansmen and thrown, possibly still alive, into a muddy backwater of the Mississippi River amid rumors that black residents were planning an uprising.

A three-judge panel of the 5th U.S. Circuit Court of Appeals found late Tuesday that the statute of limitations for kidnapping had expired in the four decades between Seale's alleged crime and the federal charges.

Seale was charged after Moore's brother, who was working on a film about the killings, found him in south Mississippi in 2005. The case, which took a backseat to the high-profile search for three civil rights workers who also disappeared in Mississippi that summer, had been cold for years. Many thought Seale was dead.

Thomas Moore said Wednesday he believes the conviction was overturned on a technicality.

"He is not innocent. The community knows it. The world knows it," Moore said. "We are just in the third inning of a nine-inning ball game ... It's not over with."

Matt Steffey, a professor at the Mississippi College School of Law, said federal prosecutors could ask the full appeals court to review the ruling, but it's unlikely the unanimous decision would be overturned.



Jury selection resumes in O.J. Simpson trial
Criminal Law Updates | 2008/09/11 10:26
The judge in the O.J. Simpson armed robbery trial allowed jury selection to proceed Wednesday after looking into a report by two prospective jurors that they were contacted by somebody identifying himself as a member of the media.

Clark County District Court Judge Jackie Glass said she was confident neither person has been influenced by the contact.

It was unclear if the person actually represented a media outlet. Court officials were reviewing videotapes from the courthouse in an attempt to identify the man who contacted the two people after court adjourned Tuesday.

Court information officer Michael Sommermeyer said any media contact with jurors would be a violation of a court order and punishable with a contempt of court finding or confiscation of press credentials.

"The court and the judge are attempting to do everything in their power to empanel a jury that's as unbiased as humanly possible and not tainted by any outside influence," Sommermeyer said.

He said the two people refused to be interviewed and reported the alleged contact to the judge on Wednesday morning.

Prosecutors and defense lawyers are vying for an edge as they try to shape a jury that will decide whether Simpson and a buddy robbed two sports memorabilia dealers at gunpoint in a casino hotel room a year ago.

Twenty people have been dismissed after two days of questioning. No jurors have been seated. Twelve people have advanced through personal questioning by both sides to remain in consideration.



US appeals court OKs Facenda suit against NFL
Lawyer Blog News | 2008/09/10 15:28
A U.S. appeals court says the son of legendary football announcer John Facenda can sue NFL Films over the use of his father's voice.

The suit stems from the brief use of his late father's voice in a show about a John Madden video game. Facenda's contract barred commercial use of his deep, solemn voice for product endorsements.

The NFL contends the show was an artistic endeavor. But the three-judge panel ruled Tuesday the show is clearly a commercial. The program aired on the NFL Network just before the game's release.

The suit by John "Jack" Facenda Jr. now appears headed to trial unless the NFL pursues further appeals.



Billions to be shared by Enron shareholders
Class Action News | 2008/09/10 15:25
Enron Corp. shareholders and investors will split about $7 billion from financial institutions accused of participating in the fraud that caused the once-mighty energy company to collapse.

The settlement amount was listed at $7.2 billion, a sum that has been accruing interest since 2002 and includes $688 million plus interest in attorneys fees.

The deal, approved late Monday by U.S. District Judge Melinda Harmon, and the attorneys fees are the largest in history in a U.S. securities fraud case.

"We're pleased that the court recognizes the tremendous amount of work, skill and determination required to overcome significant obstacles in this complicated case," said Patrick Coughlin, attorney for the regents of the University of California, the lead plaintiffs.

About 1.5 million individuals and entities will be eligible to share in the distribution under the settlement plan. The attorneys fees will go to San Diego-based Coughlin Stoia Geller Rudman & Robbins LLP, the law firm representing the university.

Besides the University of California, other plaintiffs who will share in the proceeds include pension plans from New York City and Hawaii, various investment firms and the Archdiocese of Milwaukee.

The distribution plan was part of a $40 billion lawsuit filed by shareholders and investors, who claim Bank of America, JPMorgan Chase & Co., Citigroup and others participated in the accounting fraud that led to Enron's downfall.

Calculating shares of the $7.2 billion will be determined by a formula that factors in such things as the stock's purchase price and the type of stock bought.

At its height, Enron's common stock sold for as much as $90 per share, before plummeting to as low as $1 right before the company declared bankruptcy.

Under the plan, investors will get an average of $6.79 per share of common stock and an average of $168.50 per share of preferred stock.

To be eligible for the settlement, investors and shareholders needed to have bought Enron or Enron-related securities between Sept. 9, 1997 and Dec. 2, 2001.

Attorneys for several investors objected to the distribution plan and the attorneys fees.

Texas Attorney General Greg Abbott, who had previously filed court briefs in support of plaintiffs' claims, also objected to the attorneys fees.

"General Abbott continues to object to giving millions of dollars to plaintiff lawyers when that money should go to the hardworking men and women who suffered from Enron's demise," said Jerry Strickland, a spokesman for Abbott's office.

"This court reiterates that there is no way to allocate these proceeds that would not in some way favor or disfavor to some degree some of the class members," Harmon wrote in her order. "On the whole, the court finds that ... the chosen method is fair, adequate and reasonable."

Harmon also said the attorneys fees, which are 9.5 percent of the settlement, are "fair and reasonable."

Several financial institutions have not settled and remain as defendants in the Enron case, including Merrill Lynch & Co., Credit Suisse First Boston and Barclays Bank PLC. Several former Enron officers also remain as defendants, including former chief executive Jeffrey Skilling, now serving a criminal sentence of more than 24 years in federal prison in Minnesota.

But the lawsuit has been on hold since an appeals court last year ruled shareholders and investors could not sue as a class, which would have allowed them to sue as a group and have more leverage to settle the case out of court.

The U.S. Supreme Court in January refused to hear arguments in the lawsuit. The high court in a similar case gave a measure of protection from securities lawsuits to suppliers, banks, accountants and law firms that do business with corporations engaging in securities fraud.

Because of that ruling, Harmon is still deciding whether the financial institutions that remain as defendants will be dismissed from the lawsuit.

Enron, once the nation's seventh-largest company, entered bankruptcy proceedings in December 2001 after years of accounting tricks could no longer hide billions in debt or make failing ventures appear profitable.

The collapse wiped out thousands of jobs, more than $60 billion in market value and more than $2 billion in pension plans.

Enron founder Kenneth Lay and Skilling were convicted in 2006 for their roles in the company's collapse. Lay's convictions for conspiracy, fraud and other charges were wiped out after he died of heart disease in 2006.



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