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Attorney General Gonzales defends prosecutor firings
Legal Career News | 2007/04/15 20:50

Attorney General Alberto Gonzales, fighting to save his job, said in prepared Senate testimony Sunday he has "nothing to hide" in the firings of eight federal prosecutors but claimed a hazy memory about his involvement in them. Two Republican senators said Gonzales has yet to shore up his credibility amid shifting explanations of his role in the dismissals. Vice President Dick Cheney reaffirmed White House support for the attorney general — but left it to Gonzales to defend himself to lawmakers who have called for his resignation.

In his 25-page statement, Gonzales apologized for embarrassing the eight U.S. attorneys and their families by letting their ousters erupt into a political firestorm that has engulfed the Justice Department since January. He maintained the firings were not improper, but said he remembers having only an indirect role in the plans beyond approving them.

"I have nothing to hide, and I am committed to assuring the Congress and the American public that nothing improper occurred here," Gonzales said in prepared testimony released before he appears Tuesday before the Senate Judiciary Committee. The panel, which oversees the Justice Department, is investigating whether the firings were politically motivated.

"I am sorry for my missteps that have helped to fuel the controversy," he said.

Gonzales added: "In hindsight, I would have handled this differently. ... Looking back, it is clear to me that I should have done more personally to ensure that the review process was more rigorous, and that each U.S. attorney was informed of this decision in a more personal and respectful way."



Las Vegas jury finds ex-cop guilty
Court Feed News | 2007/04/15 17:44

A former Manhattan Beach police sergeant has been found guilty of kidnapping and sexually assaulting a 14-year-old boy in Las Vegas.

Shawn Michael Shelton, 40, once the fastest-rising officer in his department, could face the prospect of spending the rest of his life in prison following the Clark County District Court jury’s decision, reached Friday night after two hours of deliberations.
 
Following two days of testimony, jurors concluded that Shelton was guilty of first-degree kidnapping, sexual assault with a minor under 16 years old, battery with intent to commit sexual assault with a minor under 16 years old, and use of a minor in pornography, court information officer Michael Sommermeyer said.

Jurors acquitted Shelton of one count of robbery. A charge of transmission of the AIDS virus previously was dropped. Shelton is HIV positive.

The guilty verdicts came after jurors listened to the boy, now 15, describe how he was sitting at a bus bench outside a mall May 21, 2006 , when Shelton pulled up, displayed a badge and told him he was a police officer. He persuaded the boy to get into his Hummer.

The boy told jurors that Shelton said he was investigating a homicide, handcuffed him, drove him into the desert and forced him to perform oral sex in the back seat, the Las Vegas Review-Journal reported.

During his testimony, the boy described the .50-caliber bullet hanging on Shelton’s key chain and the brand of cigarettes Shelton smoked. Police found the cigarettes in Shelton’s Hummer when they arrested him May 26 in Corona, the newspaper reported. Besides the identification, prosecutors had key forensic evidence to pin the crime on Shelton, who had been an experienced detective. Following the oral sex, the boy wiped his mouth with his T-shirt. The act absorbed Shelton’s DNA into the cloth, the newspaper said.



Pet Food Recall Results in Class Action Lawsuit
Class Action News | 2007/04/15 10:45

A Reno woman has filed a federal lawsuit against the manufacturer of recalled pet food. She claimsIams brand food killed her 20-year-old cat, "Patches."

Marion Streczyn seeks unspecified damages from Ontario, Canada-based Menu Foods in the suit filed last week in U.S. District Court in Reno. A Menu Foods spokesman says the company has no comment.

The company, which makes "cuts and gravy style" dog and cat food sold under nearly 100 store labels and major brands, recalled 60 million containers in mid-March after cats fell sick and died during routine company taste tests.

The recall has since expanded to include earlier dates and other brands, and at least six pet food companies have recalled products made with imported Chinese wheat gluten tainted with an industrial chemical.

Streczyn's attorney Brian O'Mara says the suit joins a growing number of others filed around the country against the pet food maker and is believed to be the first in Nevada.

It raises claims of negligence, product liability and breach of implied and express warranty. It further argues that the company received "unjust enrichment" by selling the tainted pet food.

Recent FDA tests found a toxic chemical in some menu products were related to at least 16 pet deaths around the country.

The O'Mara law firm is looking for pet owners affected by the dangerous pet food to join the lawsuit.



Lawyer leaps to his death from Empire State Building
Lawyer Blog News | 2007/04/15 00:53

A lawyer leaped to his death from a 69th-floor office at the Empire State Building Friday, causing temporary road closures in midtown Manhattan, local media reported. The incident became known when a passerby discovered a human leg on 33rd Street at about 3 p.m. local time. Police were called to the spot and discovered that the body had landed on a setback on the 30th floor of the building. Investigators questioned employees at Levine & Blit, a personal injury practice, and at Ashok Karmaker. Both law firms share a suite on the 69th floor where Kanovsky "did odds-and-ends work" for Karmaker.

It wasn't immediately clear what prompted Kanovsky's suicide.

"He was interviewing a client," said a man who works in the suite. "He just got up, opened the window and jumped."

According to news reports, more than 30 people have committed suicide by jumping from the 103-story building since the skyscraper opened in 1931.



Libby to Appeal Conviction in Leak Case
Lawyer Blog News | 2007/04/15 00:51

Former US vice-presidential aide I. Lewis "Scooter" Libby, convicted in March of perjury and obstruction of justice, will be appealing the verdict according to documents filed in court Friday. Libby's defense team had previously planned to request a new trial, bids for which are rarely granted. Libby's appeal may focus on a decision by US District Judge Reggie B. Walton to allow prosecutors to present evidence to the jury that Libby's defense viewed as being prejudicial, such as White House briefing room videos which US Special Prosecutor Patrick Fitzgerald played to show Libby's eagerness to publicly conceal conversations he had with reporters about CIA official Valerie Plame.

Libby was convicted by a federal jury after 10 days of deliberation in a case that began January 23. Libby was convicted of two counts of perjury, one count of lying to the FBI and one count of obstruction of justice. He was acquitted on one count of lying to the FBI. Libby's sentencing is scheduled for June 5.



Law firm gives Washburn students insight
Headline News | 2007/04/14 20:51

Winton Hinkle can't keep up with the demand for transactional attorneys at his Wichita firm, Hinkle Elkouri Law Firm LLC. It's a legal art, his attorneys say, building a large transaction puzzle out of tiny, detailed pieces. Leave one out, and the deal crumbles.

That's one big reason Hinkle and his partners pitched the merits of business law, Wichita and their firm Friday to a group of 20 Washburn Law School students.

The day-long seminar, "Anatomy of a Business Transaction," gave the lawyers-to-be a hands-on look at how Hinkle Elkouri would handle the sale of a fictional business.

Washburn professor David Pierce brought his students to Wichita to translate the classroom tenets he teaches into the world of business buying and selling. And for Hinkle, it was an opportunity for nine attorneys on his business sales team to interact with -- and recruit -- prospective new attorneys.

"The business is growing," he said. "We find ourselves adding one or two attorneys every year. It's pretty competitive, and we think this is a great chance to pitch Wichita to them." It's Pierce's first venture into a day in the life of a law firm.

"Our students get a view of how what they're learning in the classroom is applied in a major legal practice," he said. "And they get to see first-hand how complicated the practice of business law actually is."

The Hinkle Elkouri attorneys spent the day outlining those detailed little pieces to the business sales puzzle -- from preliminary agreement issues to due diligence and the issues a buyer faces as it assumes employees.

And in the middle, they heard from Hinkle Elkouri client C.R. Hall, owner of Hall's Culligan Water, on how a business owner interacts with his attorneys. The upshot: Handling a business deal is a detailed business.

"It's absolutely critical for you to get as much information as possible about the company you're buying," attorney Donna Bohn, a former Koch Industries transactional attorney, told the students. "I'm always amazed how much information there is on the Internet." But there's more: Company assets have to be catalogued, as do personal property and machinery.

Business inventory is a separate issue, rarely included in the purchase price because valuation is impossible until closing.

And the purchase price can remain on the table until the moment of closing. It was enough to leave third-year law student Jeremy Atwood's head spinning. "What really stands out to me are the number of things to consider that I'm going to have to understand," he said.

"You can listen to lectures," said second-year law student Amber Whitlock. "This is a great first-hand look at what we're learning in action." There will be more class trips into the real world, Pierce said.




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