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Judge: Pa. mass killer too unstable to be executed
Court Feed News | 2008/09/09 16:16
A man who killed 13 people in a 1982 shooting rampage in northeastern Pennsylvania can't be executed because he suffers from a major mental illness, a judge ruled Monday.

George Banks, 66, is psychotic and unable to comprehend his sentence or participate in his defense, making him incompetent to be put to death, Judge Michael Conahan said.

Banks, whose victims included five of his own children, "has a hopeless prognosis and will not improve to any acceptable degree," the judge said.

Defense experts testified at a hearing last month that Banks believes his sentence has been vacated by God or Jesus, that he is no longer under the threat of death, and that he is being held in prison as part of a conspiracy to get him to renounce his religious beliefs.

Defense attorney Al Flora said Monday that prosecutors should stop their decades-long pursuit of the death penalty for Banks, saying it is no longer worth the time and expense.

"I think it's about time that this community really gets beyond the George Banks case," Flora said. "The man is dying in isolation. He's severely mentally ill, and I think each day he's tormented by his own mind."

Prosecutors said they have no intention of dropping the case.

Assistant District Attorney Scott Gartley said that even though Banks is mentally ill, he "comprehends the reason for his sentence and its implications" and thus meets the legal standard for execution. He said the district attorney's office will appeal the ruling.

Banks, a former prison guard, picked up a semiautomatic rifle on Sept. 25, 1982, and began shooting at two houses in Wilkes-Barre and nearby Jenkins Township. He killed a total of seven children; his three live-in girlfriends; an ex-girlfriend; her mother; and a bystander in the street.

Banks, who is biracial, has maintained that he shot his children to spare them the racial prejudice he endured in Wilkes-Barre, a city 100 miles north of Philadelphia. Prosecutors noted his history of abusing women and said he had been involved in a nasty custody battle with one of the victims.

The Pennsylvania Supreme Court halted Banks' execution in December 2004 and ordered a hearing to determine Banks' mental competency.

Conahan ruled in early 2006 that Banks couldn't be put to death, but the state Supreme Court ordered a fresh hearing to determine Banks' mental state after finding that the judge improperly barred a prosecution psychiatrist from testifying.



LA County puts taco truck battle on front burner
Lawyer Blog News | 2008/09/09 13:14
Southern California's taco truck war continued to sizzle as county officials asked a judge to reinstate a law he threw out last month that had forced truck operators to move every hour or face the threat of jail.

County officials say the trucks, many of which have become the equivalent of neighborhood restaurants, are a nuisance, parking at the same spot every day and bringing in noise and traffic. Operators respond that they meet the same health standards as restaurants and are being unfairly targeted because of organized political pressure from restaurateurs.

At stake is unfettered access to cheap, to-go Mexican food like carnitas, quesadillas and carne asada tacos that are cooked to order and served from literally thousands of elaborate restaurant-trucks that dot the business streets in unincorporated areas of Los Angeles County, particularly in largely Hispanic East Los Angeles, where trucks can be found on almost every block.

"All there is to say right now is that we have filed a motion for reconsideration, requesting that the court reconsider its previous ruling," said Deputy District Attorney Steven Gates. He declined to discuss the basis of Monday's appeal but said the county requested a hearing Sept. 19.



French court to try Church of Scientology
Legal World News | 2008/09/09 10:13
The Church of Scientology and seven of its top members are to stand trial in Paris on fraud charges after an investigation into allegations by a former member that the church swindled her out of more than $28,000.

French judicial officials said Monday that the church — considered a sect in France — and the seven members are to face charges of "fraud in an organized group" and "illegally acting as a pharmacy." They spoke on the condition of anonymity because the investigation is ongoing. A trial date has not yet been set.

The Paris prosecutor's office had recommended the charges be dropped.

The charges stemmed from a 1998 complaint by a woman who joined the church after she was recruited at a subway station. The woman, 33 at the time, invested thousands of mostly borrowed euros in Scientology courses and so-called purification packs containing vitamins and other pills.

The woman's lawyer, Olivier Morice, hailed the decision to hold a trial as "courageous," saying the case will strengthen France's fight against sects.

France has had a contentious relationship with the Church of Scientology. In 2002, a French court fined the Paris regional branch of the church for a data protection violation but acquitted it of attempted fraud and false advertising charges.

Established in 1945 by science fiction writer L. Ron Hubbard, the Los Angeles-based Church of Scientology teaches that technology can expand the mind and help solve problems. It claims 10 million members around the world, including celebrity devotees Tom Cruise and John Travolta.



Sentencing begins in Clemson student strangling
Criminal Law Updates | 2008/09/09 09:16
A convicted sex offender facing execution for raping and strangling a Clemson University student feels so guilty for his crimes that life in prison would be harder on him, his lawyer argued in a South Carolina court on Monday.

Jerry Buck Inman, 37, of Tennessee, pleaded guilty last month to murdering 20-year-old engineering student Tiffany Marie Souers in May 2006 in her apartment about three miles from the South Carolina college's campus. A judge will decide whether Inman is executed or sentenced to life in prison.

"He is filled with guilt and shame," Inman's attorney Jim Bannister said. "That eats him from the inside out on a daily basis. ... It leads him to the conclusion that he is an animal and that he deserves to die."

But Bannister argued during the first day of the sentencing hearing that his client should not be executed. He said Inman "came into this world impaired to start with," living in a home where his father molested him and his mother suffered from mental illness.



Court refuses to dismiss Pa. pathologist's charges
Lawyer Blog News | 2008/09/08 15:47
A federal appeals court Friday refused to dismiss fraud and theft charges against celebrity pathologist Cyril Wecht and said he can be tried again — but ordered the judge replaced to help ease the "rancor in the courtroom."

The judge at Wecht's first trial did not follow proper procedure in declaring a mistrial after jurors said they couldn't unanimously agree on a verdict, but that wasn't enough to dismiss the 41 counts against him, the appeals court ruled.

Wecht, 77, has earned millions investigating deaths, including those of JonBenet Ramsey, Elvis Presley and Vince Foster.

He was accused of using his former Allegheny County coroner's staff to benefit his private business and trading unclaimed county morgue cadavers for office and lab space at a university where he taught. Wecht was also charged with mail fraud for allegedly overbilling his private clients for bogus travel expenses.

His first trial lasted seven weeks and jurors deliberated for more than 50 hours before telling U.S. District Judge Arthur Schwab on April 8 that they were "essentially deadlocked." Schwab then declared a mistrial.



Georgia seeks emergency decision from World Court
Legal World News | 2008/09/08 14:49
Georgia accused Russia on Monday of a "campaign of harassment and persecution" in its two separatist regions and called on the International Court of Justice to impose emergency measures to halt killings and forced expulsions.

But, in a blunt demonstration of who is in charge in the tense zone around South Ossetia, Russian soldiers turned back a United Nations convoy. And the Georgian government said Russia reinforced its positions on the outskirts of the Black Sea port city of Poti over the weekend.

The World Court case opened a new legal front in the battle between Georgia and Russia for control of South Ossetia and Abkhazia and began as French President Nicolas Sarkozy arrived in Moscow with a European Union delegation for talks aimed at easing the standoff.

But Russia's Foreign Ministry spokesman Andrei Nesterenko said Monday just before the EU delegation sat down for talks with Russian President Dmitry Medvedev that Moscow was against an autonomous EU monitoring mission.

He said such a force would lead to unnecessary "fragmentation" of international monitoring efforts by the U.N. and the Organization for Security and Cooperation in Europe.



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