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Russian court refuses to release sick oil boss
Legal World News | 2008/02/07 12:19
A Russian court refused bail on Wednesday to a jailed oil executive who is gravely ill with AIDS, the latest ruling in a case that has put Russia in breach of an order from the European Court of Human Rights.

Vasily Alexanian, 36, has said he will die unless he is transferred from his Moscow prison to a specialist hospital, and the Strasbourg-based European court has given three separate instructions to the Russian authorities to move him.

Alexanian is a former vice-president of Yukos, an oil company whose founder, Mikhail Khodorkovsky, was imprisoned in what was widely seen as a Kremlin campaign to punish the businessman for his political ambitions.

A judge at Moscow's Simonovsky district court ordered that Alexanian's trial for fraud and tax evasion be suspended while he receives treatment. It was the first admission by a court that he is gravely ill.

But the court rejected a request for him to be released on bail, saying he was a flight risk and could receive the treatment he needed in the sanatorium at the Sailor's Rest prison in Moscow where he is being held.

'They are not giving me any treatment in there,' Alexanian told reporters from his metal cage in a corner of the courtroom.

'There is no guarantee they will give me access to a specialist clinic. All they are doing is adjourning the trial. That is all. Nothing else.'

Alexanian's lawyers say his condition has left him partially blind, suffering from cancer of the lymph nodes and with suspected tuberculosis.



Obama Raises $7M Post Super Tuesday
Law & Politics | 2008/02/07 11:14
Democratic Sen. Barack Obama has raised $7.2 million for his presidential campaign since the first polls closed on Super Tuesday night, his campaign said Thursday, a remarkable figure that is causing concern among supporters of Sen. Hillary Rodham Clinton.

Meanwhile Thursday, the Clinton campaign asked Obama to debate once a week, but he demurred.

Obama, riding a wave of fundraising from large donors and small Internet contributors, also raised $32 million in January.

Clinton acknowledged Wednesday that she loaned her campaign $5 million late last month as Obama was outraising and outspending her heading into Feb. 5 Super Tuesday contests. Some senior staffers on her campaign also are voluntarily forgoing paychecks as the campaign heads into the next round of contests.

Obama and Clinton outpaced all candidates in 2007, with each raising $100 million.

The Obama campaign said on its Web site that $7.2 million has been received since Tuesday evening. Campaign spokesmen said they were confident the figure was accurate.

Buoyed by strong fundraising and a primary calendar in February that plays to his strengths, Obama plans a campaign blitz through a series of states holding contests this weekend and will compete to win primaries in the Mid-Atlantic next week and Hawaii and Wisconsin the following week.

He campaigned in Louisiana Thursday. The state holds its contest Saturday.

Clinton, with less money to spend and less confident of her prospects in the February contests, will instead concentrate on Ohio and Texas, large states with primaries March 4 and where polling shows her with a significant lead. She even is looking ahead to Pennsylvania's primary April 22, believing a large elderly population there will favor the former first lady.

In a sign of Clinton's increasing concern about Obama's growing strength, her campaign manager, Patti Solis, sent a letter Thursday to the Obama campaign seeking five debates between the two candidates before March 4.

"I'm sure we can find a suitable place to meet on the campaign trail," Solis wrote. "There's too much at stake and the issues facing the country are too grave to deny voters the opportunity to see the candidates up close."

Obama rejected a debate proposed as soon as this Sunday to be broadcast on ABC, but his campaign spokeswoman Jen Psaki said Thursday, "there will definitely be more debates, we just haven't set a schedule yet."



Prosecutor May Have Known of CIA Tapes
Lawyer Blog News | 2008/02/07 10:21
The lead prosecutor in the terror case against Zacarias Moussaoui may have known the CIA destroyed tapes of its interrogations of an al-Qaida suspect more than a year before the government acknowledged it to the court, newly unsealed documents indicate.

The documents, which were declassified and released Wednesday by the 4th U.S. Circuit Court of Appeals, detail efforts by Moussaoui's attorneys to send the case back to a lower federal court to find out whether the tapes should have been disclosed and whether they would have influenced his decision to plead guilty.

In a Dec. 18, 2007, letter to the appeals court's chief judge, the Justice Department acknowledged that its lead prosecutor in the case had been informed about the CIA's tapes of al-Qaida lieutenant Abu Zubaydah being interrogated.

The letter said the prosecutor, Robert A. Spencer, may have been told of the tapes' destruction in late February or early March of 2006, just as the U.S. District Court in Alexandria, Va., was beginning its trial on whether Moussaoui would be eligible to face the death penalty.

Spencer, who was one of three prosecutors on the government's team, "does not recall being told this information," U.S. Attorney Chuck Rosenberg wrote in the Dec. 18 letter to 4th U.S. Circuit Chief Judge Karen J. Williams.

Another prosecutor in Rosenberg's office in Virginia's eastern district who was not involved in the case "recalls telling (Spencer) on one occasion," the letter said.

That second, unnamed, prosecutor learned about the videotapes of Zubaydah "in connection with work he performed in a Department of Justice project unrelated to the Moussaoui case," the letter said.

It is unclear what that project was.

Spencer on Wednesday declined comment.

House Judiciary Committee Chairman John Conyers, D-Mich., said the newly released documents underlined the need for an outside investigation of the government's handling of the interrogation tapes.

"This latest disclosure, if true, could amount to a kind of prosecutorial misconduct that undermines our efforts in the administration's 'War on Terror' and the international community's confidence in the American system of justice," Conyers said in a statement. "This is yet another reason that the Justice Department cannot be trusted to police itself and therefore, a special prosecutor must be appointed immediately. The attorney general must be prepared to respond to serious questioning on this issue."

A government official familiar with case said that since the taped interrogations that Spencer knew of only dealt with Zubaydah, the government didn't need to disclose them. Zubaydah already had been declared not relevant to the Moussaoui trial, the official said. The official spoke on condition of anonymity because he was not authorized to speak about the case.

Much of the legal correspondence in the Moussaoui case has been classified and under court seal. The documents released Wednesday offer a glimpse into the court's struggle to determine for sure whether the CIA taped its interrogations of terror suspects.

Moussaoui pleaded guilty in 2005 to conspiring with al-Qaida to hijack aircraft, among other crimes. In a 2006 sentencing trial, a jury concluded that Moussaoui's actions furthered the Sept. 11, 2001, plot in which terrorists flew hijacked airliners into buildings in New York and Washington. But the jury ultimately decided to spare his life and sentence him to life in prison.

The December letter came on the heels of one dated Oct. 25, in which Rosenberg informed the court that the CIA did, in fact, possess videotaped interrogations of enemy combatants. During Moussaoui's sentencing trial, prosecutors told U.S. District Judge Leonie M. Brinkema they did not possess tapes Moussaoui's lawyers were seeking.

The tapes at issue in that letter are not the same ones that were destroyed by the CIA in 2005 and prosecutors assured the judge that they were not related to the Sept. 11, 2001, attacks or the Moussaoui case.

The Justice Department has opened a criminal investigation into the CIA's videotapes, which showed interrogations of Zubaydah and another top al-Qaida leader. They were destroyed, in part, to protect the identities of the government questioners at a time the Justice Department was debating whether the tactics used during the interrogations — which are believed to have included waterboarding — were illegal.

In a written response to the December letter, Moussaoui's attorneys asked the appeals judges to send the case back to the lower federal court that "is in the best position to determine what actually happened and its relevance."

"The timing is important here," Moussaoui attorneys Justin S. Antonipillai and Barbara Hartung wrote in their Dec. 26 response. "The fact that any prosecutor in the same office knew about the existence and destruction of these tapes is surely important evidence."

The appeals court recently rejected the attorneys' request to return the case to the lower court.

Beginning in 2003, attorneys for Moussaoui began seeking videotapes of interrogations they believed might help them show he wasn't a part of the 9/11 attacks. Brinkema on Nov. 3, 2005, asked for confirmation of whether the government "has video or audio tapes of these interrogations" and then named specific ones.

Eleven days later, the government denied it had video or audio tapes of those specific interrogations.

Despite the lapse in disclosure, the government maintains that none of the interrogations related directly to the Sept. 11, 2001, attacks or the Moussaoui case.

Prosecutors also say the issue is moot since a jury failed to impose the death penalty in the case.



Court: Mom Can't Sue Over Circumcision
Lawyer Blog News | 2008/02/07 09:21
The Minnesota Court of Appeals has ruled that a mother who didn't like the way her baby's circumcision looked cannot sue a Fridley hospital for medical malpractice.

Dawn Nelson sued Unity Hospital and Dr. Steven Berestka, claiming the doctor removed "the most erogenous tissue" after the boy was born on Jan. 21, 2000 — without consulting either parent. Nelson and the boy's father, David Nelson, were unhappy with the result.

But the Appeals Court noted in its Tuesday decision that the mother indicated on a prenatal form that the baby should be circumcised.

Attorney Zenas Baer, who is representing the mother and son, said he was disappointed with the court ruling.

He said federal regulations say there has to be a signed informed consent form before any surgery — and he argued that a checked-off box on a form regarding circumcision is beside the point, saying "isn't the mom allowed to change her mind?"

Baer said his client plans to appeal.

Dawn Nelson initially sued the doctor, alleging assault and battery and negligence. That claim was settled separately. The claims against Unity Hospital and its parent company, Allina Health System, went forward.

Nelson claimed the hospital had a duty to verify that the doctor obtained informed consent and she claimed the hospital had been deceptive or misleading in its informed consent policy.

A Hennepin County judge disagreed and dismissed the case. The appellate court affirmed the lower court decision.

As for the child, another surgeon "performed a revision for cosmetic purposes" shortly after the initial circumcision, the ruling said.

Mark Whitmore, an Allina attorney, said the company was pleased with the ruling.

According to Baer's Web site, he "contributes substantial amounts of time to ending the barbaric practice of routine infant male circumcision worldwide, insuring genital integrity for all citizens of the world."



Detroit told to disclose mayor's secret deals
Lawyer Blog News | 2008/02/06 16:48

A judge ordered the release of secret agreements Tuesday revealing that Detroit Mayor Kwame Kilpatrick settled a police whistle-blower lawsuit for $8.4 million in October in a failed bid to conceal text messages showing that he and his chief of staff lied under oath about their romantic relationship. Wayne County Circuit Judge Robert Colombo also ordered the release of a transcript of a deposition the police officers' lawyer gave under oath last Wednesday. During the deposition, lawyer Mike Stefani explained how the secret agreements were reached.

The Free Press sued the city in Wayne County Circuit Court to obtain the confidential agreements, which city lawyers insisted did not exist.

Colombo rejected city arguments that some of the documents are private and exempt from disclosure under the Michigan Freedom of Information Act, saying, "Nothing could be further from the truth."

The judge gave the city until 8:30 a.m. Friday to decide whether to appeal his decision. He urged the city to release the documents immediately.


Sharon McPhail, general counsel of the mayor's office, released a statement saying the office disagreed with Colombo's ruling and would immediately appeal.

"The documents in question were never introduced into evidence during the lawsuit or trial, were never part of the evidence the jury considered during the trial and many of the documents have never been in the City's possession," the statement said.

Also Tuesday, the Detroit City Council authorized the city auditor general to investigate the finances and operation of the mayor's office and law department.

The moves came two weeks after the Free Press reported it had obtained nearly 14,000 text messages sent between Kilpatrick and Christine Beatty on her city-issued pager in 2002 and 2003.

The messages showed that Kilpatrick and Beatty lied under oath at the whistle-blower trial in August when they denied that they had been involved romantically. The messages also showed that they tried to fire Deputy Police Chief Gary Brown.

The Free Press report set off a chain of events, including demands for Kilpatrick and Beatty to resign, a perjury investigation by Wayne County Prosecutor Kym Worthy and a public apology from the mayor. Beatty turned in her resignation last week; it takes effect Friday.

The Free Press first requested the secret agreements in October, shortly after the mayor announced that he had settled lawsuits filed by Brown and former mayoral bodyguards Harold Nelthrope and Walter Harris, who said they were fired or forced to resign after raising questions about the conduct of the mayor's security staff.

The officers said they were forced out to prevent them from learning about the mayor's relationship with Beatty.

Colombo said all of the documents will be made public unless the city wins an appeal.



'Mafia Cop' Pleads Guilty in Tax Case
Criminal Law Updates | 2008/02/06 16:42
A former New York police detective accused of moonlighting as a hit man for the mob pleaded guilty Tuesday to one count of filing a bogus income tax return, federal prosecutors said.

Louis Eppolito, currently in federal custody, faces sentencing May 9 in U.S. District Court here. The maximum penalty in the case is three years in prison and a $250,000 fine.

Greg Brower, U.S. attorney for Nevada, said that according to a plea agreement, Eppolito and his wife, Frances, filed a tax return for 2000 that reported income of just over $127,000 when their actual income was more than double that amount.

Brower said Eppolito also failed to declare $175,000 in income from screenplay writing in 2001 and 2002.

Eppolito and another former New York detective, Stephen Caracappa, were accused of participating in at least eight mob-related killings while working for the Luchese crime family. The two detectives retired in the early 1990s and moved to Las Vegas, where they were arrested in March 2005.

In 2006, a New York jury found the pair guilty of a racketeering conspiracy responsible for multiple murders and other crimes. Two months later a federal judge dismissed that case after determining that the statute of limitations had expired for the racketeering charges, which allegedly occurred from 1986 and 1990. The judge's decision is under appeal.

The men still face drug and money laundering charges.

Eppolito's 1992 autobiography, "Mafia Cop: The Story of an Honest Cop Whose Family Was the Mob," details his police career and his Mafia connections.



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