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Stevens asks to skip court during financial mess
Lawyer Blog News | 2008/09/23 15:57
With Congress rushing to stop a meltdown in the U.S. financial market, Sen. Ted Stevens asked a federal judge Tuesday to let him skip out of his corruption trial from time to time.

The Senate's longest-serving Republican, Stevens is fighting charges that he lied about more than $250,000 in home repairs and other gifts he received from an oil contractor. U.S. District Judge Emmet Sullivan warned the Alaska senator that leaving court might hurt him in the eyes of jurors.

Stevens said he understood.

"There's only one thing more important in his life than this trial, and that's doing his duty as a senator, particularly in this time of national crisis," defense attorney Brendan Sullivan said.

The trial comes at a difficult time in Stevens' political career. He is fending off a strong Democratic challenge to his seat and, during the height of campaign season, Stevens is tethered to a courtroom in Washington.

Being absent as Congress considers a historic $700 billion bailout of the financial market could make it look like the corruption charges have made it impossible for Stevens to do his job.

Prosecutors didn't oppose Stevens' plan to leave court but they said Stevens shouldn't be able to use the crisis to cast himself as a dedicated senator in front of jurors. The judge said Stevens could leave court but jurors would not be told why.

Jury selection continued Tuesday and opening arguments were scheduled to begin as early as Wednesday morning.



2 rare capital trials conducted in New Hampshire
Lawyer Blog News | 2008/09/22 16:00
One capital murder trial is under way and another is about to start in New Hampshire, a state that last executed someone in 1939, has no one on death row and has no death chamber.

The first trial began Sept. 8 and involves John "Jay" Brooks, a millionaire businessman accused of orchestrating the 2005 kidnapping and murder of someone whom Brooks believed had stolen from him.

In the other case, jury selection was to begin Monday in the trial of Michael "Stix" Addison, who is charged with fatally shooting a Manchester police officer in 2006.

Death penalty opponents hope the simultaneous trials will focus attention on their cause, though they aren't planning another attempt to repeal the state's capital murder law when the Legislature convenes in January.

Both the House and Senate voted to repeal the death penalty in 2000, but then-Gov. Jeanne Shaheen vetoed the bill. Last year, under the threat of a veto from Gov. John Lynch, the bill failed by 12 votes in the House.

New Hampshire's narrow capital murder law applies to a half dozen crimes, including killing a police officer, murder for hire and killing during a kidnapping. Prisoners who kill another while serving a life sentence, murder during a rape, and certain drug crimes also qualify.



Metrolink crash could lead to millions - possibly billions
Class Action News | 2008/09/22 15:57

Even as the first claim was made against Metrolink in the aftermath of the Chatsworth train disaster, legal experts are already saying the crash is likely to lead to hundreds of millions, if not billions in civil lawsuits.

Metrolink's position, say experts, is further complicated because the agency admitted that its own engineer error was the likely cause - a stance from which it is now attempting to back away from.

On Monday, the family of a 19-year-old woman who died in Friday's Metrolink crash announced it has filed a claim against the agency, alleging the agency failed to employ available safety mechanisms to protect commuters.

The claim made by relatives of Aida Magdaleno, a student at California State University, Northridge, is a precursor to filing a lawsuit against a public agency.

The agency already faces a potentially costly trial in the civil lawsuit brought by almost 200 plaintiffs in the Jan. 26, 2005 Metrolink derailment in which 11 people died and another 180 were injured.

Although that crash was caused by a mentally deranged man who last month was sentenced to 11 consecutive life sentences for his role, plaintiffs' lawyers are set to argue safety issues, including Metrolink's practice of pushing trains with the engine in the rear as it does on southbound trains from Ventura to Union Station.

That lawsuit is scheduled for trial next June 8.

As a governmental agency, lawyers noted, Metrolink cannot be subjected to punitive damages in any civil action - a situation those lawyers said likely protects it from a bankruptcy situation.
A spokesman for Metrolink said the agency would not be making any comments on potential legal issues.

Attorney Jerome Ringler, who served as lead counsel for victims of a Metrolink train derailment in Placentia in 2002, those in a Burbank derailment in 2003, and in the Glendale derailment in 2005, said the Chatsworth crash could expose further fault with Metrolink.

"I suspect the real reason these tragedies occurred is due to either simple inattentivenesss on the part of the engineers or a failure on the part of the railrood industry to allow these engineers adequate rest between shifts so that these kind of tragedies could be avoided," Ringler said.

"This is a horrible tragedy. They are facing hundreds upon hundreds of millions of dollars of exposure."

The latest Metrolink crash set off a flurry of activity from some law firms for clients among the victims' relatives - some already calling victims' families or showing up at their homes.




Ga. court uphelds conviction in socialite slaying
Lawyer Blog News | 2008/09/22 13:58
Georgia's top court Monday upheld the murder conviction of a millionaire for hiring an assassin posing as a flower delivery man to kill his 35-year-old socialite wife.

The Georgia Supreme Court's unanimous ruling rejected arguments for a new trial from attorneys representing James Sullivan, who is serving life in prison for paying a hit man $25,000 to gun down Lita Sullivan.

The appeal was a last-ditch attempt to toss a 2006 murder conviction against Sullivan. A man carrying a dozen long-stemmed roses shot Lita Sullivan on the doorstep of her Atlanta town house in 1987, on the day of a hearing to discuss property distribution in the couple's divorce.

Her death — and the 19-year effort to prosecute her killer — is one of the most high-profile cases in modern Atlanta history.

James Sullivan's attorneys had argued that a search warrant used to get crucial evidence from Sullivan's $5 million Florida mansion was full of omissions and half-truths and relied on testimony from a confidential informant who had been arrested 38 times. The search yielded a diary and financial documents used in Sullivan's trial.

Prosecutors defended the affidavit as "truthful and complete with the best information at the time." They said there was ample reason to search Sullivan's home even without the informant's testimony.

In a unanimous opinion written by Justice Harold Melton, the court rejected Sullivan's claims.

"This evidence was sufficient to enable the jury to determine that (the) defendant was guilty of the crimes for which he was convicted beyond a reasonable doubt," he wrote.

The case has gone on for more than two decades. In 1992, a federal judge dismissed charges that Sullivan violated interstate commerce laws by arranging his wife's murder through long-distance phone calls. Lita Sullivan's parents later won a $4 million wrongful death lawsuit — which they say still hasn't been paid — but James Sullivan wasn't charged with his wife's murder until 1998.

That was when Belinda Trahan told authorities Sullivan paid her ex-boyfriend, a trucker named Phillip Anthony Harwood, $25,000 to kill Lita Sullivan. Harwood was sentenced to 20 years in prison after pleading guilty to a lesser crime.

Sullivan, who fled to Thailand after hearing of Harwood's arrest, was arrested four years later after a local resident spotted him on "America's Most Wanted."



Court: US govt can't block detainee photos release
Court Feed News | 2008/09/22 12:58
An appeals court says the federal government must release 20 photographs of U.S. soldiers and detainees in Iraq and Afghanistan that were demanded by a civil rights group seeking to expose abuse.

The federal appeals court in New York on Monday rejected the government's claim that releasing the photos would endanger the lives or physical safety of U.S. troops and civilians in Iraq and Afghanistan.

A lower court judge had already ordered that identifying facial features be removed from the pictures before they are released to the American Civil Liberties Union.



Jerome L. Ringler - Chatsworth Metrolink Disaster Attorney
Lawyer Blog News | 2008/09/19 23:06

Metrolink worker sued Burlington Northern Santa Fe, saying his alcoholism returned after the fatal 2002 Placentia collision.

A metrolink conductor who said his drinking problems resumed after the Placentia train crash in 2002 will receive $8.5 million to settle his lawsuit against one of the nations largest railroads.

Patrick Phillips of Riverside agreed Tuesday to settle his suit against Burlington Northern Santa Fe Railway Co. The case was set to go to trial next week in Orange County Superior Court.

Phillips, now 52, suffered minor head injuries the morning of April 23, 2002 when a Burlington Northern Freight train crashed into a Metrolink commuter train in Placentia. Three people died and more than 260 were injured in the early morning crash.

Though his injuries were slight, the conductor alleged that the trauma was serious enough to trigger a resurgence of his severe alcoholism, which he said he had controlled since rehabilitation in the early 1990's.

"I have never seen a case like this in 30 years, yet it is indeed what happened here," said Jerome L. Ringler, Phillips' attorney.

"We had extensive medical evaluations by a variety of neurological specialists. All were in accord that his injury, although minor, changed his behavior."

After the train crash, Phillips was hospitalized for evaluation but released about two hours later, Ringler said. In the months after the crash, however, Phillips allegedly resumed his alcohol abuse, resulting in at least two other hospitalizations.

Ringler said his client was finally diagnosed with alcohol-related dementia, a sever mental deficiency.

Phillips, who is now disabled after working 12 years for Metrolink, was unavailable for comment. He is living with a sister in Riverside.

Under terms of the settlement, Phillips will receive $8.5 million, including interest, paid out over 20 years. The amount is worth about $4.5 million in today's dollars.


http://www.blogtext.org/LexTerrae/article/26473.html?Metro+Link+Conductor%27s+Suit


http://legaldude.livejournal.com/2405.html

http://roughmagic.wordpress.com/2008/09/19/metrolink-screwed-up-before/

http://esquiremyass.wordpress.com/2008/09/19/trian-crash-conductors-suit-settled-last-time/

http://sorrybutitsthelaw.wordpress.com/2008/09/19/los-angeles-metrolink-has-done-it-again/

http://counselatlarge.wordpress.com/2008/09/19/metrolink-train-wreck/

http://herecomedajudge.wordpress.com/2008/09/19/los-angeles-metrolink/

http://legalcodswallop.wordpress.com/

http://internationallawwatch.freeblogit.com/2008/09/19/more-disaster-from-metrolink/

http://lawdog.freeblogit.com/2008/09/19/another-metrolink-wreck/

http://audialterampartem.freeblogit.com/2008/09/19/another-disastrous-metrolink-wreck/

http://johndoeesq.freeblogit.com/2008/09/19/so-cal-train-wreck/

http://myattorneybernie.blogspot.com/2008/09/metrolink-train-wreck.html

http://barristerbriefs.blogspot.com/2008/09/disastrous-so-cal-train-wreck.html

http://lawyervoyeur.blogspot.com/2008/09/los-angeles-metro-link-law-suit.html

http://wwwthelegalbeagle.blogspot.com/2008/09/southern-california-train-wreck.html

http://lawfirmlawyers.blogspot.com/2008/09/more-disaster-from-metrolink.html

http://lagalinfo.blogspot.com/2008/09/metrolink-wrecks-another-train.html

http://taxtimeblog.blogspot.com/2008/09/los-angeles-latest-train-wreck-not-its.html




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