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High Court Will Hear Mayoral Election Case
Legal Career News | 2007/11/05 16:11

The state Supreme Court has agreed to hear arguments Monday on whether Tuesday's mayoral election in Bridgeport should be postponed. Bridgeport state Rep. Christopher Caruso requested the delay after losing the Democratic mayoral primary to state Sen. Bill Finch in September. Caruso contends that voting irregularities tainted that election, which he lost to Finch by 270 votes out of 9,000 ballots cast.

The high court will hear arguments from both sides in a two-hour session Monday morning.

The court also has approved Secretary of the State Susan Bysiewicz's request to speak to the justices about the veracity of the primary vote.

Caruso says Bridgeport election officials improperly stopped some voters from casting ballots and directed others to vote for Finch. A Superior Court judge dismissed Caruso's lawsuit last month challenging the results.

"There was organized chaos on Election Day that led to an unfair and dishonest election and placed in question the integrity of the election," Caruso said Friday.

Caruso said his attorney will argue that more than 20 election laws were violated and that the trial judge erred when he blocked them from presenting that information.

He also questioned whether Bysiewicz was intervening largely to defend the reputation of the optical-scan voting machines used in the primary election because she has been a strong advocate of that new technology.

"By intervening like she is, she is condoning the illegal activity of an election official, and frankly every citizen should be appalled," Caruso said.

Attorney General Richard Blumenthal's office will represent Bysiewicz, a fact that Caruso said was questionable because Blumenthal has endorsed Finch's mayoral campaign.

Bysiewicz said Friday that her office is unaware of any court delaying a general election in recent memory and that she worries about voter turnout for other city races if the mayoral election is delayed. "The mayor candidates are the ones that drive the turnout," she said.

She also said Superior Court Judge John Blawie's decision to reject Caruso's earlier suit was "very, very clear that no evidence was presented that any voter would have voted differently or was influenced."

Associated Press writer Donna Tommelleo in Hartford contributed to this report.



IRobot wins injunction against competitor
Lawyer Blog News | 2007/11/05 16:10

A federal judge in Boston has issued an injunction against a Chicago-area robot maker accused of stealing trade secrets from iRobot Corp. of Burlington.In August, iRobot sued Robotic FX Inc. of Alsip, Ill., a company founded by former iRobot engineer Jameel Ahed. IRobot claimed that Ahed had used iRobot trade secrets in the building of a robot called the Negotiator, which beat out iRobot's PackBot for a $280 million military contract. After the suit was filed, detectives hired by iRobot witnessed Ahed trying to discard iRobot-related materials. Ahed also acknowledged shredding data CDs and erasing hard drives. Ahed said he was not destroying evidence, but US District Judge Nancy Gertner said his behavior "gives rise to a strong inference of consciousness of guilt" and "profoundly undermines Ahed's credibility as a witness."

During closed court hearings, iRobot discussed three areas in which it claimed the company's trade secrets had been stolen by Robotic FX. Gertner refused to issue an injunction covering two of the areas, saying iRobot had revealed some of the information in a patent filing, thus undermining its status as a trade secret. But Gertner said there was good evidence that Robotic FX may have misappropriated iRobot technology used to make the rubber tracks that propel its robots. "While Ahed claims that he developed the track independently, this court will not credit his testimony," Gertner wrote. Because the tracks are vital to the operation of the Negotiator robots, the injunction is a major barrier to continued manufacturing operations at Robotic FX - at least until a trial is held in April.

Officials at Robotic FX did not return calls seeking comment.

The injunction is the second major setback in the past 10 days for Robotic FX. Last week, the Army said it was freezing its contract with the company, pending an investigation of whether Robotic FX, with only about 10 employees, could supply up to 3,000 robots over the next five years.



Alabama Supreme Court schedules two executions
Lawyer Blog News | 2007/11/01 13:08
The Alabama Supreme Court has scheduled executions for death row inmates Thomas Douglas Arthur on Dec. 6 and James Harvey Callahan on Jan. 31, but a case before the U.S. Supreme Court could delay them. The state's highest court set the dates Wednesday after the attorney general's office sought schedules for the inmates to die. The executions would be the first in Alabama since the state Department of Corrections revised its lethal injection procedures. Bryan Stevenson, director of the Equal Justice Initiative of Alabama, said he was surprised by the execution orders because the U.S. Supreme Court stopped a Mississippi execution Tuesday night and gave its strongest indication yet that executions shouldn't proceed until the court hears a challenge to lethal injection procedures from Kentucky.

Stevenson, who represents Callahan, said he expects both Alabama execution dates to be called off.

"There is every indication these will be stayed. The question is by whom and when?" he said.

The U.S. Supreme Court has allowed only one execution to be carried out since it agreed to hear the Kentucky case. That execution occurred in Texas on Sept. 25, the same day the court agreed to take the Kentucky case.

Assistant Attorney General Clay Crenshaw said the U.S. Supreme Court has not ordered a halt to all executions.

"Hopefully the Supreme Court will allow these to go forward. You are talking about cases that have been litigated over 20 years," Crenshaw said.

Arthur had been scheduled to die Sept. 27, but Gov. Bob Riley delayed the execution temporarily to allow the state Department of Corrections to change its execution procedures. The new procedures provide more checks to make sure an inmate is unconscious before receiving drugs to stop the lungs and heart.

Arthur, 65, who has maintained his innocence, was sentenced to death for the Feb. 1, 1982 killing of Troy Wicker, 35, of Muscle Shoals. The victim's wife, Judy Wicker, testified she had sex with Arthur and paid him $10,000 to kill her husband, who was shot in the face as he lay in bed.

At the time of his arrest for the Wicker killing, Arthur was serving a sentence at a prison work release center for an earlier slaying.

Callahan, 60, was was convicted of the abduction and asphyxiation of Jacksonville State University student Rebecca Suzanne Howell, who disappeared from a Calhoun County washateria on Feb. 4, 1982.

Callahan and death row inmate Willie McNair have filed court suits challenging Alabama's legal injection procedures as unconstitutionally cruel. U.S. District Judge Keith Watkins has combined the two cases and tentatively scheduled them for trial the last week of November.



Court: Former Ill. Gov Must Go to Jail
Lawyer Blog News | 2007/11/01 11:10
Saying it is time for former Gov. George Ryan to start his prison sentence, a federal appeals court denied his request Wednesday to remain free while he challenges his conviction on corruption charges. Ryan and co-defendant Larry Warner, who have been free on bond since being convicted in April 2006, were ordered to start serving their federal prison sentences Nov. 7. "Although they undoubtedly would like to postpone the day of reckoning as long as they can, they have come to the end of the line as far as this court is concerned," Judge Diane P. Wood wrote in a five-page opinion from the 7th U.S. Circuit Court of Appeals.

Later Wednesday, Ryan's lawyers took his fading hopes to the U.S. Supreme Court, where they asked Justice John Paul Stevens to keep Ryan out of prison while he asks the full court to step in.

"No jury trial is perfect — to be sure. But perhaps no federal trial has ever been as deeply and fundamentally flawed as this one," Ryan's attorneys wrote, saying his corruption conviction stemmed from chaotic and unfair jury deliberations.

Ryan's chief defense counsel, former Gov. James R. Thompson, acknowledged that getting the Supreme Court to set bond would be unusual.

Ryan, 73, has been free on bail since he was convicted in 2006 of steering state contracts to friends, using tax dollars to run his campaigns and covering up drivers license bribery.

The verdict capped one of Illinois' biggest political scandals, bringing with it nine years of investigations and trials that wrecked Ryan's career and sent dozens of others to jail.

"The voluminous record here demonstrates that the appellants were guilty of the crimes with which they were charged," Wood wrote.

Ryan and Warner had sought a new trial based on chaotic jury deliberations at the end of the trial. Two jurors were dismissed and replaced with alternates after the jury had deliberated for eight days. One juror brought an outside legal document into the jury room as a persuasive tool in defiance of the trial judge's instructions.

The appeals court said Ryan and Warner had shown no "reasonable probability" that the U.S. Supreme Court would take their case or reverse their convictions.

Ryan's wife, Lura Lynn, said when reached by phone at the couple's Kankakee home that her husband was not available. "We had not heard this," she said. "I have no comment."

Warner's attorney, Edward Genson, was not immediately available for comment, his office said.

Ryan has been assigned to the federal correctional institution at Duluth, Minn., a minimum security camp. But he is trying to get his assignment switched to the correctional center at Oxford, Wis.

Warner has been assigned to a federal prison in Colorado.



Former Atlantic City Mayor Due in Court
Headline News | 2007/11/01 11:09
Three weeks after resigning amid a federal investigation, the former mayor of Atlantic City was due in court Thursday to enter an agreement with the U.S. Attorney's Office, his lawyer said.

The lawyer, Ed Jacobs, refused to say if Robert Levy's agreement would be a guilty plea. Levy has not been charged with any crime.

"We're going to get it over with in one day of bad publicity," Jacobs said Wednesday.

Levy did not return a call seeking comment from The Associated Press. A spokesman for the U.S. Attorney's Office would not comment on the scheduled court appearance.

Levy was elected in 2005 to preside over a city where the political corruption is almost as famous as the casinos. Four of the last nine mayors have been charged with taking bribes; three men who were on the city council last year are now in prison in another bribery case.

Levy disappeared from city life in late September before resurfacing to resign on Oct. 10. He cited ill health and a federal investigation into his Vietnam war record as his reasons for leaving.

The Press of Atlantic City reported last fall that the Vietnam veteran's claims that he was a member of the Green Berets were untrue. He apologized, but federal authorities have been looking into whether Levy made that claim to increase his veteran benefit payments.

During his absence from city hall, Levy spent time in a substance abuse and mental health treatment center in northern New Jersey. Jacobs described the mayor's time there as "a detox situation."



Turkey: Fighting With Kurds Will Surge
Legal World News | 2007/11/01 09:06

Turkey's prime minister said Tuesday increased military action against separatist Kurdish rebels was "unavoidable" and pressed the United States for a crackdown on guerrilla bases in northern Iraq.

Turkish helicopters pounded rebel positions near the border with rockets for a second day and Turkey brought in troops by the truckload in an operation against mountainside emplacements.

Prime Minister Recep Tayyip Erdogan told members of his party in parliament "it is now unavoidable that Turkey will have to go through a more intensive military process."

But he also suggested he was not seeking an immediate cross-border offensive against the rebels of the Kurdistan Workers' Party, or PKK, holed up in bases in northern Iraq. "The responsibility of leadership does not allow for narrow mindedness, haste or heroism," he said.

"We must remember that Turkey is part of this world and diplomacy has certain requirements," Erdogan added, suggesting the world expected Turkey to exhaust all nonmilitary options.

Erdogan flies to Washington on Nov. 5 for talks with President Bush that could be key to whether Turkey carries out its threat of a major military incursion. Secretary of State Condoleezza Rice is also expected in Turkey later this week.

"We will openly express that we expect urgent steps from the United States, which is our strategic partner and ally and has a special responsibility regarding Iraq," Erdogan said.

The United States, Iraq and other countries have been calling on Turkey to refrain from a cross-border campaign, which could throw one of the few stable areas in Iraq into chaos. A Turkish incursion would also put the United States in an awkward position with key allies: NATO-member Turkey, the Baghdad government and the self-governing Iraqi Kurds in the north.

White House press secretary Dana Perino said Bush's discussions with Erdogan would include "the fight against terrorism _ in particular our joint efforts to counter the PKK."

Turkish Cobra attack helicopters blasted suspected PKK targets in the Mount Cudi area, near the southeastern border with Iraq for a second day, trying to hunt down some 100 rebels believed to be hiding in mountainside caves, the private Dogan news agency reported.

The fighting has claimed the lives of three Turkish soldiers and six guerrillas, local news reports said.

Transport helicopters flew in commando units to block possible rebel escape routes on Cudi, Dogan reported.

An AP Television News cameraman said attack helicopters escorted four Black Hawk helicopters on Cudi, as they airlifted soldiers to the mountain and picked others up. Smoke could be seen rising from areas that had been hit in the attacks.

Dogan reported a 100-vehicle military convoy traveling from Cizre toward the border.

A Kurdish political party warned that the fighting threatened to increase animosity between the Turkish and Kurdish populations in Turkey.

Turkey is "moving toward a dangerous war in our region which will seriously damage historical relations between Turks and Kurds," Nurettin Demirtas, a senior party official, told reporters.

Erdogan's Cabinet scheduled a meeting for Wednesday to discuss possible economic measures against groups supporting the Kurdish rebels.

Deputy Prime Minister Hayati Yazici said Turkey was considering a series of sanctions against the self-governing Kurdish administration in Iraq's north.

Yazici would not give any details, but the Iraqi region is heavily reliant on Turkish electricity and food imports, as well as Turkish investment in construction. There has been talk of shutting down the Habur border crossing _ the only vehicular route into Iraq from Turkey.

Jamal Abdullah, a spokesman for the Iraqi Kurd regional government, complained that economic sanctions "would represent a collective punishment against Kurdistan's people."

He warned that Turkey and the U.S. Army also would suffer if the border crossing was closed. About 70 percent of U.S. air cargo headed for Iraq goes through Turkey, as does about one-third of the fuel used by the U.S. military there.

In an interview printed Tuesday in Turkey's Milliyet newspaper, Massoud Barzani, the leader of Iraq's Kurdish region, called for a peaceful solution to the crisis. He said that if the PKK did not give up violence, it would "confront not only Turkey but the whole Kurdish nation."

But he questioned Turkey's motives, suggesting it is interested in targeting not only the PKK but also Iraqi Kurds.

At least 46 people have been killed by the PKK in Turkey over the past month, according to government and media reports. Those included at least 30 Turkish soldiers killed in two ambushes that were the boldest attacks in years and increased domestic pressure on Erdogan to act.



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