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Guilty Pleas in Fake N.Y. College Grades
Lawyer Blog News | 2007/12/14 15:42
Two former college students avoided jail when they pleaded guilty Thursday to a charge related to paying school officials to falsify their grades and transcripts. Uzi Azizov, 22, and Boris Yakubov, 25, pleaded guilty to a misdemeanor state charge of falsifying business records. Each was sentenced to seven days of community service and fined $1,000.

The two former Touro College undergraduates were among 10 people indicted by a grand jury in July in a scheme to use the city college's computer system to change grades and create fake degrees in exchange for money.

Azizov admitted during his plea that in January he paid a Touro official to change his grades. Prosecutors said when Azizov was arrested his grade point average had jumped to 3.63 from 1.23 because of the transcript changes.

Yakubov admitted he paid a college official in February to falsify his records. Prosecutors said when Yakubov was arrested that he bought a fake transcript showing he had earned a master's degree from Touro's Graduate School of Education and Psychology.

District Attorney Robert Morgenthau said in announcing the indictments that the defendants included Touro's former director of admissions, the former director of the school's computer center and three public school teachers.

The indicted school officials created or altered records for at least 50 people since January 2007, Morgenthau said, charging fees of $3,000 to $25,000 for better or deleted grades and for bachelor's and master's degrees. Cases involving those defendants are pending.

Lawyers for Azizov and Yakubov said that they had no comment as they left court Thursday.



Woman Pleads Guilty in NY Fatal Stabbing
Court Feed News | 2007/12/14 14:33
The girlfriend of a former tour manager for Billy Joel and Paul Simon pleaded guilty Thursday to stabbing the man to death two years ago during a fight in their apartment. Kathleen Connors, 39, pleaded guilty to a reduced charge of first-degree manslaughter in the slaying of Daniel L. Harrison, 57, on Nov. 20, 2005. She is to be sentenced Jan. 10 to 23 years in prison.

Connors and Harrison argued violently before she stabbed him in their Manhattan apartment, police said. A neighbor called police after hearing the ruckus, they said.

Connors initially was charged with second-degree murder, criminal possession of a weapon and first-degree assault. She faced a sentence of 25 years to life in prison if she had been convicted after trial.

Published reports quoted Harrison's former wife, Eileen Cavallaro, of Kings Park, N.Y., as saying he had managed Simon's "Graceland" and "Rhythm of the Saints" tours and was in charge of Joel's "Glass Houses" tour.



'Ultimate Fighting' star pleads guilty to assault charge
Court Feed News | 2007/12/14 13:41

Jon Koppenhaver, known as “War Machine” from Spike TV's reality series “The Ultimate Fighter,” pleaded guilty Thursday in Superior Court to a felony assault charge.
The professional cage-fighter choked a Las Vegas man unconscious and hit him in the face outside San Diego's Undisputed fitness and training center early Sept. 2.

Koppenhaver also faced a battery charge, but that was dismissed as part of a plea agreement reached during the preliminary hearing Thursday afternoon.
The victim, Darren Zatkow, testified during the hearing that he was visiting San Diego with his then-girlfriend when he was assaulted outside the fitness club after a night of drinks on the town.

Zatkow said he made a joke as he walked out with friends, calling a group of men standing outside the club without shirts “tough guys” while holding his hands up to his shoulders with palms open before he was surrounded by the men. “I cracked a joke and I got hit for it,” Zatkow said.

Zatkow said he was grabbed from behind in a carotid choke and dragged a few feet by one of the men. Zatkow said he did not see who grabbed him.

Zatkow, who practices martial arts but has never competed in tournaments, said he became unconscious 10 seconds after he was choked and came to moments later. Friends of Zatkow's who testified said he was punched in the face while he lay unconscious on the ground.

San Diego Police Detective Fernando Ramirez said a Las Vegas doctor who saw Zatkow days after the assault determined that the facial blow caused four fractures to his left eye socket. The injuries could cause temporary or permanent nerve damage, Ramirez said. The extent of the injury is not yet known because Zatkow is still recovering, he said.

Koppenhaver, 26, of Simi Valley, is skilled in mixed martial arts, according to his profile on the Ultimate Fighting Championship Web site, and also is a resident trainer for San Diego's Undisputed club.

Last week, he won with a technical knockout against Jared Rollins in the third round of Spike TV's Ultimate Fighter Finale held in Nevada.

Judge Frank Brown said the change in plea could result in a misdemeanor punishment. Zatkow told the court he thought a reduced punishment was OK because he believed a felony conviction would destroy Koppenhaver's career.

“I'm not interested in destroying somebody's life,” Zatkow said, noting that fighting should stay in the ring.



US secret court rejects call to release wiretap documents
Lawyer Blog News | 2007/12/14 12:30
The top secret US court overseeing electronic surveillance programs rejected Tuesday a petition to release documents on the legal status of the government's "war-on-terror" wiretap operations.

In only the third time the Foreign Intelligence Surveillance Court (FISC) has publicly released a ruling, it turned back a request to reveal documents that would shed light on the government's program to spy on the communications of terror suspects without first obtaining warrants.

FISC's ruling argued that its role as a unique court dealing with national security issues necessarily meant its case documents and decisions would be classified, and that US constitutional provisions did not require it to release case materials.

It also said that even first deleting sensitive material from the papers sought by the American Civil Liberties Union -- secret documents related to the legality of the surveillance programs -- risked accidentally damaging the country's security.

"That possibility itself may be a price too high to pay," the court said in rejecting the ACLU request.

Jameel Jaffer, director of the ACLU National Security Project, called the decision disappointing.

"A federal court's interpretation of federal law should not be kept secret from the American public," Jaffer said.

"The Bush administration is seeking expanded surveillance powers from Congress because of the rulings issued by the Foreign Intelligence Surveillance Court earlier this year. Under this decision, those rulings may remain secret forever."

In August the ACLU sought access to FISC rulings and orders made earlier this year that were cited in a new law, the Protect America Act, which expanded the government's powers to spy on the international communications of US citizens without first seeking a warrant.

The civil liberties advocates argued that the public had a right to know the content of those rulings and orders as they were used by the government to widen the parameters of its surveillance powers.

In the decision signed by FISC judge John Bates, the court said that, even if the court first removed justifiably secret materials to oblige the ACLU request, it still "might err by releasing information that in fact should remain classified (and) damage to national security would result."



Another U.S. court rules against auto industry
Attorney Blogs | 2007/12/14 11:32

Another federal court has ruled against the auto industry in its attempt to block regulation of greenhouse gas pollution from cars.

The ruling today from U.S. District Judge Anthony Ishii in California supports a September decision by a federal judge in Vermont.

Both courts upheld the rights of states to use the federal Clean Air Act to control greenhouse gases from cars.

Steven Hinchman is a lawyer for the Conservation Law Foundation, which intervened in the Vermont case.

Hinchman points out that both the California and Vermont cases followed a U.S. Supreme Court decision in April that affirmed the government's power to regulate global warming pollution.

This is strike three for the automakers. They've now lost in this year alone three different federal cases trying to block regulation of greenhouse gas emissions from motor vehicles. When the best scientists in the whole world are saying this is an urgent crisis, and when the governments are responding, it's time for the automakers to quit litigating and start innovating and producing clean cars.

More than a dozen states have followed California's lead and have adopted tough new emissions standards.

Both Vermont Attorney General William Sorrell and Governor Jim Douglas praised the ruling.

They said the California decision upholds the right of states to require aggressive pollution control measures for vehicles.



U.S. court turns down cemetery appeal
Court Feed News | 2007/12/14 11:31
Bensenville’s last chance for a favorable ruling regarding the removal or graves at a local cemetery to make way for O’Hare International Airport expansion may lie with the U.S. Supreme Court.

The United States 7th Circuit Court of Appeals last week denied the village and St. John’s United Church of Christ, which owns the cemetery adjacent to O’Hare, the opportunity to review a case challenging the constitutionality of removing graves under the First Amendment.

Last September, the court ruled in favor of the city of Chicago that the graves can be moved.

Joe Karaganis, an attorney for the village of Bensenville and the church, said the petition to rehear the case was “a longshot,” because the court rarely re-hears cases. However, he said he felt there was some merit to the request.

In the request, the village and church pointed out that one of the three judges offered a dissenting opinion in their favor in the original decision, which Karaganis said gave the appeals more weight.

Bensenville and St. John’s maintain that relocating the graves from land owned by the church is a violation of the Illinois Religious Freedom of Restoration Act and First Amendment religious protection rights.

The next step, Karaganis said, is to ask the U.S. Supreme Court to hear the case.

“While this a petition also has long odds of getting accepted, we believe that the First Amendment issue raised by the decision, especially as set forth in the dissent, has a worthwhile chance of being granted,” he said.

While the church and village have promised to take the fight to the Supreme Court, Chicago is using the latest court rulings to move forward with the purchase of both the cemetery and other properties needed under the plan.

“We are pleased with the court’s order in this regard,” said Rosemarie S. Andolino, executive director of Chicago’s O’Hare Modernization Program. “We will continue to move forward with the acquisition process for St. Johannes Cemetery, and welcome the opportunity to work with church officials during this process.”

Chicago offered $630,000 to buy St. Johannes Cemetery in March 2006. That offer was rejected, and in October, the city filed a complaint for condemnation to acquire the cemetery in the circuit court of DuPage County. That case is still pending.

While the court fight over the cemetery continues, the city of Chicago continues to purchase properties in the village needed as part of the airport expansion.

The city has already acquired 533 of the 611 parcels needed in the village of Bensenville. Of those, 473 parcels are vacant and the owners have relocated.


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