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Prosecutor denies political timing in Darfur case
Legal World News | 2008/07/17 11:29
The International Criminal Court's issuance of an arrest warrant for Sudan's president on genocide charges was not timed to the court's 10th anniversary celebration three days later, the prosecutor said Thursday.

Luis Moreno-Ocampo told reporters he informed the U.N. Security Council, which asked the court in 2005 to investigate the Darfur crisis, of his progress before requesting a court warrant on Monday to arrest President Omar al-Bashir.

"This was my last week to do it, so I did it when I had my evidence ready," said Moreno-Ocampo, noting that the court was about to take a summer recess.

He added that his responsibility is to investigate cases and he "cannot be considering political factors."

The world's first permanent war crimes tribunal is based on a treaty adopted on July 17, 1998 and since ratified by 107 nations.



Democrats plan second economic stimulus bill
Law & Politics | 2008/07/16 16:00
Democrats controlling Congress ratcheted up expectations Tuesday for additional legislation to jump-start the dragging economy. "We will be proceeding with another stimulus package," House Speaker Nancy Pelosi, D-Calif., said after meeting with several economists. Pelosi said that recently issued tax rebate payments of $600 to individuals and $1,200 for married couples have helped the economy but that more is necessary to offset the drag of higher gasoline prices and other costs. But President Bush cautioned in a White House press conference that lawmakers should "wait for the stimulus package to fully kick in" before passing another.

The Democratic effort is still in its formative stages, but most of the proposals mentioned by Democrats were rejected by Bush during negotiations that produced the earlier stimulus measure. A new package probably won't be acted on before Congress returns in September from its annual summer vacation.

New legislation could include: additional tax rebates, heating and air conditioning subsidies for the poor, infrastructure projects, higher food stamp payments and aid to the states.

Pelosi told reporters that she "would hope that (tax rebates) would be part of any package" but that some of the Democratic elements need to be attached. Pelosi said later Tuesday that she hopes proposals such as boosting food stamps and home energy subsidies would have more GOP support now, considering the sharp spikes in gasoline and food prices.



DC to vote on new gun laws after court ruling
Lawyer Blog News | 2008/07/16 15:54
The District of Columbia Council approved new firearms legislation Tuesday that will allow residents to begin applying for handgun permits this week.

The council's unanimous vote comes as officials try to comply with last month's U.S. Supreme Court ruling that struck down the city's 32-year-old ban on handguns.

The emergency legislation will allow handguns to be kept in the home if they are used only for self-defense and carry fewer than 12 rounds of ammunition.

Handguns, as well as other legal firearms such as rifles and shotguns, also must be kept unloaded and disassembled, or equipped with trigger locks — unless there is a "reasonably perceived threat of immediate harm" in the home.

"This is not perfect legislation," said D.C. Council member Phil Mendelson, who worked with the mayor's office on the bill. "The first step is what we have before us today so that we maintain important provisions in our gun registration law while we continue look at how we can further refine our gun registration law."

Gun rights groups, including the National Rifle Association, said at least some of the new regulations will likely be challenged. The bill that passed Tuesday maintains the city's unusual ban of machine guns, defined as weapons that shoot at least 12 rounds without reloading, which applies to most semiautomatic firearms.

The emergency legislation will remain in effect for 90 days, and the council expects to begin work in September on permanent legislation.

Though residents can begin applying for handgun permits this week, city officials have said the entire process could take weeks or months.



World Court to rule on US executions
Legal World News | 2008/07/16 12:54
The U.N.'s highest court is ruling Wednesday on an emergency Mexican appeal to block the execution of its citizens on death row in the United States.

At hastily convened hearings last month, Mexico argued that the United States is defying a 2004 International Court of Justice order to review the cases of 51 Mexicans sentenced to death by state courts.

That order was based on the Hague-based court's finding that the condemned prisoners had been denied the right to help from their consulate following their arrest.

Wednesday's ruling comes less than three weeks before the first of the death row inmates, Jose Medellin, is scheduled for execution by lethal injection in Texas for taking part in the gang rape and murder of two teenage girls 15 years ago.

At last month's hearings, Mexico's chief advocate Juan Manuel Gomez-Robledo told the court the cases had not been systematically reviewed, and the U.S. was "in breach of its international obligations."

John B. Bellinger III, the U.S. legal adviser, said federal government had gone to "extraordinary lengths" to carry out the World Court's directive and to intercede with the state courts.

After the World Court's ruling, President George W. Bush issued a directive to the state courts to abide by the decision and also asked Texas specifically to review Medellin's case ahead of his planned Aug. 5 execution.



SEC settles two lawsuits against Coppell man
Headline News | 2008/07/16 10:58

The Securities and Exchange Commission settled two civil lawsuits Tuesday against a North Texas stock promoter allegedly involved in so-called pump-and-dump market manipulation scams.

One suit is still pending against five other people and one company.

The complaints allege that Coppell accountant Mark B. Lindberg, 40, helped market a series of penny stocks and, along with other defendants, reaped millions of dollars by releasing false information to pump up the share price.

In settling the cases, Mr. Lindberg neither admitted nor denied the allegations. He has agreed to a permanent injunction and is barred from being an officer or director. He also agreed to not be involved in penny stocks.

The initial suit involves an Irving company called Sniffex that Mr. Lindberg helped take public.

The company, which marketed a bomb detection device, is now called Homeland Safety International Inc. and was controlled primarily by two Bulgarians.

The complaint also names president Paul B. Johnson of Colleyville, who could not be reached for comment Tuesday, and two investors from Denmark. The suit still seeks penalties against the defendants other than Mr. Lindberg.



Appeals court upholds $15M award to LAPD officers
Lawyer Blog News | 2008/07/15 16:41
A federal appeals court on Monday upheld a $15 million award to three officers who accused the Los Angeles Police Department of wrongly arresting them and making them scapegoats during the notorious Rampart scandal.

The massive corruption scandal led to the investigation of 82 incidents involving 50 officers and reversal of more than 100 convictions tainted by police misconduct.

A jury in 2006 determined that the three men were each entitled to $5 million because they were wrongly arrested and charged with filing false police reports.

The three were implicated by former officer Rafael Perez, the central figure of the scandal in which officers were alleged to have beaten, robbed, framed and shot innocent people in the city's tough Rampart neighborhood. Dozens of officers were investigated, leading to some resignations and internal discipline, but only a small number of prosecutions.

Perez told investigators that the three men — Paul Harper, Edward Ortiz and Brian Liddy — had lied about finding a gun on a gang suspect during a 1996 arrest.

Harper and Ortiz are still with the department, but Liddy has left, according Officer Karen Smith, a LAPD spokeswoman.

The 9th Circuit U.S. Court of Appeals in its decision Monday noted that on three different occasions Perez gave investigators significantly divergent accounts of what allegedly happened during the arrest, including the inaccurate detail that a music sound system had to be dismantled at the arrest scene.

A state court jury did convict the three men in 2000 of conspiracy to obstruct justice in the framing of two reputed gang members. A Superior Court judge threw out the convictions a month later, citing faulty jury instructions.

Prosecutors decided not to pursue the case, and a judge dismissed the charges in 2004.



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