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Suspect Pleads Guilty in Boys' Deaths
Criminal Law Updates | 2007/10/31 09:51
A final suspect has pleaded guilty in the shooting deaths of two boys who police say were slain in a botched robbery.

Deandre Witherspoon, 24, pleaded guilty Monday to second-degree murder in the killings of Orlando Herron, 13, and Darren Johnson, 11. The two were found shot in the head inside their ransacked home in February.

Authorities have said the boys were the victims of a drug-related robbery of their older cousin, an admitted drug dealer who survived being shot at the home.

Witherspoon, the sixth and final suspect in the case, avoided a potential life sentence by agreeing to the plea. His trial was set to begin Tuesday.

He now faces 22 to 40 years when he is sentenced Nov. 12.

Separate juries earlier this month returned guilty verdicts against Sonya O'Neal, 38, and Robert Reed, 36. They face mandatory sentences of life in prison when they are sentenced Wednesday.

Prosecutors said Witherspoon hatched the plan to rob the boys' cousin of drugs and money, and O'Neal did the shooting. Three others have pleaded guilty.



Police investigate youtube court footage
Headline News | 2007/10/31 09:50

Film footage apparently showing a man's teenage killers appearing in court has been posted on YouTube.

Earlier this month, Glasgow's High Court heard that three of the youths had boasted about the killing of William Smith, 21, in a clip that was reportedly posted on the video-sharing website.

Now, what appears to be more film of the youths taken during a hearing at the High Court, has also surfaced on the website.

The clip, called "Gorbals" which runs for two minutes and 44 seconds, appears to show the teenagers from behind, sitting in the dock with a judge working in the background.

They are made to stand up just before the video ends.

It has been posted by a webuser called "chrismccann1888", and has already had more than 120 views.

Mr Smith was attacked with wooden sticks and punched and kicked in Glasgow's Gorbals area on December 29 last year. He died several days later in the city's Southern General Hospital.

Jason McFadden, 19, George O'Connor, 18, Iain Stevenson, 19 and Alexander Harvey, 18, admitted the culpable homicide of William Smith, 21. They were jailed for eight years.

Whoever shot the film faces a potential contempt of court charge, for which the maximum sentence is two years in jail and an unlimited fine.



Penn Hills woman pleads guilty in Duquesne shooting
Lawyer Blog News | 2007/10/31 08:51
A former Duquesne University student pleaded guilty Tuesday to charges that she helped her armed friends get into a school dance the night five basketball players were shot and wounded. Brittany Jones, 20, was sentenced Tuesday to two years of probation. A judge also ordered Jones to stay off the university's campus and away from anyone with a gun.

Jones' attorney, James Ecker, said his client could have been sentenced to years in prison if she had not reached a plea agreement.

"She's very happy, she's continuing going to church and she has a job," Ecker told The Associated Press. "She's very happy and her family's very happy."

Jones was the last of four defendants to plead guilty in the September 2006 shooting in which basketball players Sam Ashaolu, Shawn James, Kojo Mensah, Aaron Jackson and Stuard Baldonado were injured.

The gunman, William B. Holmes III, 19, was sentenced Friday to up to 40 years in prison. Another shooter, Derek Lee, 19, was sentenced Oct. 23 to up to 14 years in prison. The two shots fired by Lee did not hit anyone, authorities said.

Jones was a member of the group that sponsored the dance, and invited a group of friends, among them Holmes and Lee, to the on-campus party. She knew some of the men were armed and asked a doorman if people attending the dance were being frisked, which they were not, authorities said.

Another girl, Erica Sager, 19, who knew the two gunmen, flirted with the basketball players, sparking the fight between the two groups. Sager had pleaded no contest to a riot charge and was sentenced to probation.

Allegheny County Common Pleas Judge Lawrence O'Toole on Tuesday harshly criticized Jones for inviting the gunmen to the party. Jones burst into tears and apologized for her actions after O'Toole sarcastically told her she could have also chosen to hang out with gangsters Bonnie and Clyde if they were available.

Three of the players who were shot, James, Mensah and Jackson, have recovered and are expected to start this season. Ashaolu, who still has shrapnel lodged in his head, is back in school, but does not expect to return to the team until next season.

Baldonado has been suspended due to several arrests this year. It is unlikely he will to return to the university. In April, he sued Duquesne University, alleging it failed to provide adequate security at the dance.



Hexcel Pays US $15M for Defective Bullet-Proof Vests
Lawyer Blog News | 2007/10/30 19:03
Hexcel Corporation of Stamford, Conn., has agreed to pay the United States $15 million to resolve allegations it violated the False Claims Act in connection with its role in the manufacture and sale of defective Zylon bullet-proof vests to federal, state, local and tribal law enforcement agencies, the Justice Department announced today. As part of the agreement with the government, the manufacturer has pledged their cooperation in the government’s on-going investigation of other participants involved in the fraudulent conduct.

The United States alleges that Hexcel wove Zylon fiber supplied by Toyobo Corporation into ballistic fabric used in bullet-proof vests sold by Second Chance Body Armor; DHB Inc. and its subsidiaries, Point Blank Body Armor and Protective Apparel Corp. of America; Armor Holdings and its subsidiaries, American Body Armor and Safariland; and Gator Hawk Armor. These vests were purchased by the United States directly and by various state, local and tribal law enforcement agencies, who were reimbursed with federal funds.

The United States alleged that Hexcel knew the Zylon manufactured by Toyobo was defective and degraded quickly when exposed to heat, light, and humidity. Additionally, the government alleged the company knew Toyobo provided Hexcel with “Red Thread” Zylon, which was weaker than standard Zylon.

“These defective vests were worn by federal officers, who side by side with the Department of Justice, enforce the laws of this nation, and by state, local and tribal officers, who are on the streets every day, contributing to a safer America,” said Peter D. Keisler, Assistant Attorney General for the Civil Division and Acting Attorney General. “We will never tolerate fraud that places our first responders at risk.”

In July 2005, the Justice Department filed a complaint against Second Chance Body Armor and the Toyobo Company, seeking to recover damages relating to the sale of defective Zylon bulletproof vests to the United States. In June of this year, the government filed a lawsuit against Toyobo Co. Ltd. of Japan and its American subsidiary, Toyobo America Inc., for their roles in the manufacture and sale of defective Zylon bullet-proof vests to U.S., state, local and tribal law enforcement agencies.


AT&T to Pay Divestitures to Justice Department
Lawyer Blog News | 2007/10/30 18:52
The Department of Justice announced today that it has reached a settlement requiring AT&T Inc. (AT&T) to divest assets to address competition concerns in seven markets in Kentucky, Oklahoma, Missouri, Pennsylvania and Texas, including rights to the “Cellular One” brand in order to proceed with its $2.8 billion acquisition of Dobson Communications Corporation (Dobson). The Department said that in certain areas the transaction, as originally proposed, would have resulted in higher prices, lower quality, and diminished investment in network improvements, and would have substantially lessened competition to the detriment of consumers of mobile wireless telecommunications services.

The Department’s Antitrust Division filed a civil lawsuit today in U.S. District Court for the District of Columbia to block the proposed transaction. At the same time, the Department filed a proposed consent decree that, if approved by the court, would resolve the Department’s competitive concerns and the lawsuit.

“The required divestitures will preserve competition for residents in rural areas in Kentucky, Oklahoma, Missouri, Pennsylvania and Texas and ensure that these consumers continue to enjoy the benefits of competition, such as lower prices, and higher quality,” said Thomas O. Barnett, Assistant Attorney General in charge of the Department’s Antitrust Division.

The transaction is also subject to review by the Federal Communications Commission (FCC). The Department has coordinated with the FCC throughout its investigation.

The divestitures are required to assure continued competition in markets where the merger would otherwise result in a significant loss of competition. In three rural service areas (RSAs) in Kentucky and Oklahoma, AT&T and Dobson each hold one of the two cellular licenses and are the most significant competitors. In two RSAs in Missouri and Texas, AT&T has a minority equity interest in, and important control rights over, the primary wireless competitor to Dobson. According to the complaint, the proposed transaction would substantially reduce competition for mobile wireless telecommunications services in these five markets where the businesses wholly or partially owned by Dobson and AT&T collectively serve more than 60 percent of subscribers. The proposed divestitures remedy the competitive problem caused by the otherwise overlapping ownership.

Similarly, the divestiture of the Cellular One brand and associated rights will ensure continued competition in two markets in Pennsylvania and Texas where a Cellular One licensee is the primary wireless competitor to AT&T. Without the divestiture, AT&T would have had the incentive and ability to harm competition by limiting and eliminating the Cellular One licensee’s ability to use the brand effectively.

AT&T is the largest mobile wireless telecommunications services provider in the United States, measured by subscribers, offering service to more than 63 million subscribers in 50 states. In 2006, AT&T earned revenues of approximately $37.5 billion in revenues from its mobile wireless telecommunication services. Dobson is the ninth largest mobile wireless telecommunications services provider to approximately 1.7 million subscribers in the United States, offering service in 17 states. In 2006, Dobson earned approximately $1.3 billion in revenues. Dobson also owns Cellular One Properties LLC, which licenses the Cellular One brand and promotes the Cellular One service market and related trademarks, service marks and designs.


Helms Mulliss & Wicker Receives Top Ranking
Law Firm News | 2007/10/30 17:20
Helms Mulliss Wicker, PLLC, (HMW) announced today that it won the top ranking, “Highly Recommended,” in the debut issue of Benchmark: Litigation, The Definitive Guide to America’s Leading Litigation Firms and Attorneys.

HMW received the top ranking as a result of the firm’s success in several recent engagements in which it represented clients including Bank of America, BASF, and SAS Software in commercial or trade secrets litigation. The litigation group’s work on the Lowe’s Motor Speedway pedestrian bridge collapse litigation and Duke University Health System’s surgical sterilization litigation was also recognized.

Benchmark: Litigation also cited five members of the firm’s litigation group for excellence. Peter J. Covington, firm chairman, Douglas W. Ey, Jr., litigation practice area leader, members Jonathan E. Buchan, Jr. and L.D. Simmons II and E. Osborne “Ozzie” Ayscue Jr., the firm’s senior trial lawyer, were highlighted in the review.

“We are honored that a respected publisher of international legal journals highly recommends our firm,” said Covington. “This recognizes our litigation group’s experience and excellence, which allow us to address critical client needs and exceed client expectations.”

Benchmark: Litigation drew on Legal Media Group’s extensive database of contacts, conducting extensive face-to-face interviews with leading legal professionals, in-house counsel, judges and business owners. To be listed in Benchmark: Litigation, a firm needed to be consistently mentioned by peers and clients. To achieve the ranking of “Highly Recommended,” a firm needed to be mentioned most often and defined as being definitively dominant in their particular jurisdiction.

For more information on HMW’s litigation practice, visit www.hmw.com.

About Helms Mulliss & Wicker:
HMW is recognized as one of America’s Best Law Firms by Corporate Board Member magazine, ranked as a Top Ten Bond Counsel by The Bond Buyer, ranked Highly Recommended in Benchmark :Litigation, The Definitive Guide to America’s Leading Litigation Firms and Attorneysand is named a Go-To Law Firm by Corporate Counsel magazine. The firm is comprised of 145 lawyers, 20 who are designated Super Lawyers in the 2007 North Carolina Super Lawyers magazine and 21 who are recognized as Best Lawyers in America. HMW focuses on three practice areas: commercial litigation, complex finance and corporate law. Within these practices, specialty areas include: government relations, securities, mergers & acquisitions, employer services, private equity and others. The firm represents Fortune 100 companies and the nation’s largest financial institutions as well as many high-growth and start-up companies. Helms Mulliss & Wicker maintains offices in Charlotte, Raleigh and Wilmington, NC. For additional information, visit www.hmw.com.


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