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Charge dropped against SoCal pedophile
Court Feed News | 2007/08/22 14:19
A self-described pedophile was released from jail after prosecutors dropped a criminal case accusing him of violating a judge's order prohibiting him from being within 30 feet of children anywhere in California for three years. Prosecutors could not pursue the case against Jack McClellan, 45, after they determined the order was invalid because the judge failed to schedule and give McClellan proper notice of a hearing required to argue the merits of imposing such a long-lasting order before it is issued. McClellan was released from jail Tuesday.

He was arrested Aug. 13 for investigation of violating the order when he was found near a child care center at the University of California, Los Angeles. He had a camera with him at the time, but he told a local TV station that there wasn't any film in it.

McClellan was arrested again — several hours later — this time for trespassing after he did an interview with the TV station on university grounds. He had been told not to return to the campus after his first arrest. Prosecutors did not pursue the trespassing charges.

Superior Court Judge Melvin Sandvig issued the order Aug. 3 requiring McClellan to stay at least 30 feet away from every person under age 18 in California for a three-year period, said Nick Velasquez, a spokesman for the Los Angeles city attorney's office.

A three-year order amounts to what is termed a preliminary injunction, and cannot be issued without the statutory hearing and notice requirements, according to the city attorney's office.

Superior Court spokeswoman Pat Kelly said Sandvig could not comment because the case is pending. A call to his chambers went unanswered late Tuesday.

A cellphone message left for McClellan was not returned.

McClellan is unemployed and has been living out of his car. He stirred controversy in Southern California when he arrived this summer from Washington state, where he had lived with his parents.

McClellan maintained a website in Washington where he posted photos of children he had taken in public places. He also discussed how he liked to stake out parks, public libraries, fast-food restaurants and other areas where little girls, or "LGs," congregated.

His server took his website down more than a month ago. McClellan, who said he lives on supplemental security income and suffers from depression, has maintained that he launched the site as a form of therapy and wouldn't do anything illegal.

McClellen also has a hearing set for Friday on a temporary restraining order preventing him from coming within 10 yards of children in the city of Santa Clarita in northern Los Angeles County, authorities said.



Womble Carlyle named one of top law firms for women
Law Firm News | 2007/08/22 13:22



Womble Carlyle Sandridge & Rice has been named as one of the Best Law Firms for Women by Working Mother magazine and Flex Time Lawyers LLC. Best Law Firms for Women honored 50 firms for their commitment to the retention and advancement of female talent.

Working Mother and Flex-Time Lawyers selected law firms based on survey data collected earlier this year measuring a variety of factors, including the number of women in leadership positions, parental leave, child care, flexibility options and programs to help train, retain and advance women.

Womble Carlyle will be profiled in the August/September issue of Working Mother magazine. Flex-Time Lawyers is a consulting firm that advises law firms on work/life balance.

http://www.wcsr.com





TD Ameritrade, E-Trade hold merger talks
Business Law Info | 2007/08/22 13:18

Online brokerage giants TD Ameritrade Holding (AMTD) and E-Trade Financial (ETFC) have been holding talks for weeks about a possible merger, The Wall Street Journal reported Wednesday.
The discussions currently are focused on making sure both companies agree on strategy, and the companies aren't yet close to a deal, the Journal reported, citing unnamed people familiar with the matter.

A spokeswoman for E-Trade said the firm's management team believes there is "tremendous value in consolidation that aligns business strategy and operational synergies and will do what is in the best interest of its customers." A spokeswoman for Omaha-based Ameritrade said the company has talked to and continues to talk to industry peers.

The companies previously have discussed an alliance but never reached a deal. This time, however, there is the added pressure of two hedge funds with big stakes in Ameritrade that have publicly urged the two companies to talk.

Jana Partners and S.A.C. Capital Advisors, which claim to collectively own 8.4% of Ameritrade shares, have been urging Ameritrade to join forces with a major competitor such as E-Trade or Charles Schwab (SCHW) in the interests of the majority of shareholders.



Lawsuit filed over alleged rape by officer
Court Feed News | 2007/08/22 12:38
A 23-year-old Florida woman who said she was raped last December by an on-duty Inglewood police officer filed a federal lawsuit Tuesday, charging that the department's policies contributed directly to the attack.

The suit, which names as defendants the officer, his partner and the department's top brass, alleges that the Inglewood Police Department's hiring, training and retention policies created an "unrestrained, undisciplined and out of control" atmosphere in which some officers thought that they could "get away with anything and everything." It also contends that the woman was sexually assaulted and falsely imprisoned, and that her civil rights were violated.

Her attorney, Dylan Pollard, said the lawsuit comes many frustrating months after he and his client participated in a private meeting about the allegations with the U.S. attorney's office, the FBI, the Los Angeles County district attorney's office and Inglewood police.

No charges have been filed in the eight-month criminal investigation.

Inglewood police officials said the sexual assault case was still being investigated. They would not say whether that investigation was connected to a separate departmental inquiry into accusations that department employees, during work hours and off duty, have had sex with female masseuses.

Last month, the department announced that it had fired two officers in connection with the masseuse inquiry. Officials declined to name the officers or describe the scope of the investigation other than to say that an unspecified number of employees received "intent to discipline" notices.

Department officials had no immediate comment on the lawsuit.

A spokeswoman for the Los Angeles County district attorney's office said it is still investigating the alleged rape.

The 26-page lawsuit graphically describes what the woman calls a terrifying assault on Dec. 15. It says that she was followed by an Inglewood officer to her Econo Lodge motel room, raped and then forced to give the officer oral sex. Although the woman's identity is revealed in the lawsuit, The Times generally does not identify alleged victims of sex crimes without their permission. The lawsuit also gives the last names of two police officers -- the alleged perpetrator and his partner -- but The Times could not confirm their full names.

Recounting allegations that the newspaper first reported late last year, the lawsuit alleges that the woman was stopped by the two officers as she walked to a fast-food restaurant about 10:30 p.m. on a Sunday to get a late dinner. She was in town with her boyfriend, according to the lawsuit, to visit relatives for the holidays.

As she walked along Century Boulevard, a thoroughfare known for the presence of streetwalkers, the officers stopped her and accused her of being a prostitute, according to the lawsuit.

She denied the accusation and was followed back to her motel, where a night manager confirmed that she was a registered guest.

Nevertheless, the suit contends, one officer insisted that the woman take him to her motel room, where he again accused her of being a prostitute and then, with one hand on his handgun, forced her to have sex.

After the alleged attack, the lawsuit says, the officer left with his partner, who had been waiting downstairs in their patrol car.

Pollard said his client later provided a DNA sample from her alleged attacker to a rape treatment center and that the sample was turned over to the FBI.

The suit also names as defendants Capt. Eve Irvine, who heads the department's detective bureau, and former Chief JuliusDavis.

Loyola Law School professor Laurie Levenson, a former federal prosecutor, said she was not surprised that authorities are still investigating the case and said it did not indicate whether the allegations will lead to a criminal prosecution.

"These cases take some time to wind their way through the system because there is a constant prioritization of investigations," Levenson said. "On the federal side, the priority is terrorism cases, and in the D.A.'s office they have other types of crimes -- murder, serial violent offender -- that are the priority."

Delaying a resolution of such cases, Levenson said, can "be very frustrating for the victim." But barring more information, she said, it was impossible to know whether authorities are moving slower than they should.

"The fact is, they may be taking it seriously," Levenson said. "We have to remember that [the woman's] statement starts the process . . . it doesn't end the investigation."


Motorola Faces Purported Class-Action Suit
Class Action News | 2007/08/22 12:26

Motorola Inc. (MOT) faces a purported class action lawsuit alleging it made material misrepresentations to the market, artificially inflating its stock price, attorneys from Brodsky & Smith LLC of Bala Cynwyd, Pa., said Tuesday.

The suit was filed in U.S. District Court for the Northern District of Illinois on behalf of shareholders who purchased shares of Motorola, a Schaumburg, Ill., telecommunications company, between July 19, 2006, and Jan. 4.

A spokeswoman for Motorola said the company is reviewing the complaint and will respond at the appropriate time. She also said Motorola plans to vigorously defend itself against the allegations.



NFL star Vick's guilty plea exposes brutal hobby
Lawyer Blog News | 2007/08/21 15:32

STAR gridiron quarterback Michael Vick looks set to trade in his career for jail, after agreeing to plead guilty to running an illegal dog-fighting ring. The Atlanta Falcons player has been accused by his co-defendants of helping to drown or hang at least eight pitbull terriers that under-performed in dog fights. The case against Vick, which alleges that dogs that lost fights were electrocuted, shot, drowned or hanged, has been met with widespread disgust and outrage across America.

Vick has reportedly pocketed more than $US60 million from his dazzling six-season career in the National Football League, which began when he was the league's No. 1 pick in 2001.

He is expected to be sentenced next week and faces up to five years' jail and $US250,000 in fines. He is tipped to spend about a year behind bars.

Vick's lawyer, Billy Martin, said the player had accepted a plea deal after consulting his family. Mr Martin said Vick would accept full responsibility for the mistakes he has made.

"Michael wishes to apologise again to everyone who has been hurt by this matter," he said. Vick's decision to accept a plea deal from federal prosecutors came as a Grand Jury was hearing evidence against him.

The hearing could have decided to lay harsher charges against the player, including racketeering and gambling. Vick's career, endorsements and reputation are now in tatters. NFL Commissioner Roger Goodell has already banned Vick from Falcons training. He faces a lifetime ban from football under the league's personal conduct policy.

The dynamic player, who was the No. 1 NFL pick in 2001, has already suffered a backlash from sponsors, with Nike suspending the release of a new Michael Vick shoe and Reebok withdrawing his jerseys from sale.

Three co-defendants of Vick had already agreed to plea deals that required them to provide statements against Vick, who initially denied having any involvement.

Vick is accused of bankrolling the "Bad Newz Kennels" operation on Vick's Virginia property. The investigation into his alleged dog fighting activities began in April when dozens of pitbull dogs and dog-fighting equipment was found on the property.

The court documents say the search found about 54 American pitbull terriers, some of which had scars and injuries appearing to be related to dog fighting.



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