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Today's Date: U.S. Attorney News Feed
Judge: Kilpatrick at fault, he must pay $320,000
Court Feed News | 2010/01/21 12:23

The end was almost certainly worse than what Kwame Kilpatrick expected.

Grilled for six days on the witness stand -- his integrity questioned by prosecutors who said that if they couldn't send him to jail, they'd settle for $225,000 -- Kilpatrick's restitution hearing ended after four months Wednesday with a judge calling him a liar and demanding he cut a check for far more than even prosecutors expected.

"You have not been credible in this courtroom and you, again, have not been honest to the City of Detroit," Wayne County Circuit Judge David Groner told Kilpatrick, who sat stone-faced. "The court finds the defendant's conduct in this matter reprehensible."

Compounding the former mayor's woes was news that broke just as he arrived at court: His longtime friend and ex-mayoral aide, DeDan Milton, had been indicted on federal bribery and extortion charges, another indication the feds are tightening focus on Kilpatrick.



No Misconduct Found in Blackwater Case
Court Feed News | 2010/01/20 17:33

A federal judge has opted not to impose a finding of prosecutorial misconduct on Justice Department lawyers for their handling of a case against Blackwater security guards involved in a 2007 shooting in Baghdad.

In Federal District Court here last month, Judge Ricardo M. Urbina threw out all charges against the five involved in the shootings, which left 17 Iraqis dead and about 20 wounded.

In that decision, Judge Urbina wrote that in a “reckless violation of the defendants’ constitutional rights,” investigators, prosecutors and government witnesses had inappropriately relied on statements the guards had been compelled to make in debriefings by the State Department shortly after the shootings. The State Department had hired the guards to protect its officials.



Court throws out ruling favorable to suspect
Court Feed News | 2010/01/19 16:42

The Supreme Court on Tuesday threw out a court ruling that invalidated a former Black Panther's death sentence for killing a Philadelphia police officer in 1981.

The move was the latest twist in Mumia Abu-Jamal's racially tinged case that has drawn international attention.

The justices ordered the 3rd U.S. Circuit Court of Appeals in Philadelphia to take another look at Abu-Jamal's claim that the jury weighing his punishment was given flawed instructions.

The high court acted on Pennsylvania's appeal of the 3rd Circuit ruling following a decision last week in a capital case from Ohio that turned on a similar issue. The 3rd Circuit could order a federal trial court to consider Abu-Jamal's case anew, including other claims he has raised that have yet to be decided.

A Philadelphia jury convicted Abu-Jamal of killing white Philadelphia police Officer Daniel Faulkner in 1981 after the patrolman pulled over Abu-Jamal's brother in an overnight traffic stop.



Delaware to appeal sports betting ruling to Supreme Court
Court Feed News | 2010/01/15 11:04

As Delaware's first season of sports betting winds down, Governor Jack Markell says the state will challenge the federal Appeals Court ruling that limited the Delaware to offering parlay bets on NFL games.  Governor Markell's office confirms the First State will petition the U.S. Supreme Court to overturn the Third Circuit Court of Appeals ruling in August that shot down Delaware's plan to offer single game betting on all sports.

The state has retained the Washington D.C. firm of Sidley Austin to handle the appeal.  That firm specializes in Supreme Court work.

The decision to move forward is based in part on the willingness of the state's three racinos, Delaware Park, Dover Downs, and Harrington Raceway, to foot the bill for the appeal.  The three racinos are currently the only venues that can offer sports betting in Delaware.

Governor Markell's spokesman, Brian Selander, says the state will offer some new arguments in its appeal.

The Third Circuit Court of Appeals ruled against Delaware's plan to offer single game bets on all sports in late August, siding with the NFL, NCAA, and other pro leagues who challenged Delaware.  The Court ruled Delaware's sports betting plan violated the Professional and Amateur Sports Protection Act (PASPA), which prohibits sports betting.  Delaware is one of four states with an exemption to PASPA, since it previously offered NFL parlay bets, but a three judge Third Circuit panel ruled narrowly that Delaware's exemption is limited to the same NFL parlay bets it offered back in 1976.



State high court denies tobacco company appeals
Court Feed News | 2010/01/14 10:40

The state Supreme Court on Wednesday denied tobacco companies' appeals of a San Francisco jury's award of $2.85 million in damages to the family of a woman who died of lung cancer after smoking cigarettes for 26 years.

Leslie Whiteley of Ojai sued Philip Morris and R.J. Reynolds before her death in 2000 at age 40.

She testified that she started smoking at 13, using her lunch money to buy cigarettes, and paid little attention to the warning labels because tobacco companies promoted the benefits of smoking and the government allowed the sales. She smoked two packs a day until she was diagnosed with cancer in 1998.

A jury awarded Whiteley and her husband $1.7 million in compensation and $20 million in punitive damages four months before she died. It was the nation's first verdict in favor of a smoker who took up the habit after 1965, when the government first required warnings on cigarette packages.



Supreme Court rules against Nev. man in DNA case
Court Feed News | 2010/01/13 16:30

A Nevada inmate lost a U.S. Supreme Court bid to challenge what jurors were told about DNA evidence against him in the 1994 sexual assault of a 9-year-old girl.

The nation's highest court ruled Monday that it would not hear the evidence issue but did give Troy Don Brown, 38, another chance to argue before a federal appeals court that he received ineffective legal representation at trial.

State Attorney General Catherine Cortez Masto called the Supreme Court ruling a victory for prosecutors and Nevada after they lost arguments about the DNA evidence in lower courts.

Paul Turner, an assistant federal public defender in Las Vegas handling Brown's appeals, has argued that the conviction should be overturned if the DNA evidence was insufficient.

The high court did not hear oral arguments before reversing a Ninth U.S. Circuit Court of Appeals ruling that an analysis of DNA evidence overstated the likelihood that body fluids found at the rape scene were from Brown.

The Supreme Court pointed to an evidence standard set in a 1979 case calling for courts to consider all the evidence in a case, not just evidence being challenged.

At trial in Elko County, the chief of the Washoe County crime lab testified the chance that Brown's DNA matched the DNA found at the rape scene was 99.99967 percent.

The witness also told jurors that one in three million people randomly selected from the population would also match that DNA.



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