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.

During a court appearance that was moved up at the request of his attorney, Lalich told General District Court Judge Robert Downer that he misspoke when admitting to his probation officer that he had smoked marijuana since his arrest on July 21 for underage drinking.

He said the results of drug tests he provided to the court backed his claim.

Lalich, 20, was placed in a pre-conviction probation program after being charged with unlawful purchase and possession of alcohol, a misdemeanor. He is scheduled to return to court July 21, 2009, at which time the charge will be dropped if he stays out of trouble.

In a statement distributed by Lalich's attorney, Tim Heaphy, Lalich said he has learned about personal responsibility from his problems and pledged to clean up his behavior.

"My family, the University of Virginia and the court have all given me opportunities to succeed in life," his statement said. "I know that my actions have disappointed the people who have helped me. From this point forward, I will try my best to show my family, the university, my teammates, the court and everyone else that I am worthy of their faith and trust in me."

Downer told Lalich he tries to give people that come before him charged with underage drinking the chance to utilize the probation program, but also warned him that he would face a $500 fine or 50 hours of community service if he violated probation once more.

It was not immediately clear what impact the court proceedings would have on Lalich's status with the football team.

In papers filed late Wednesday night with the U.S. District Court in Houston, McNamee replied to Clemens' submission on Aug. 7, which urged the court to reject McNamee's July motion to dismiss the case.

"From the Sunday evening in early January when Clemens first filed this case until today, his entire focus has been to enervate Brian McNamee, someone he knows to have almost no money, by dragging him into Texas courts where, in Clemens's view, he will have a better shot at preventing Brian from defending himself," McNamee's lawyers wrote.

"This is Clemens's continuing bully tactic to try to `prove' his lies and salvage the career he destroyed by prevaricating in front of the fans who watched him self-destruct on national television."

U.S. District Judge Keith P. Ellison could decide the motion on papers or schedule oral arguments in the case.

Clemens sued McNamee, his former trainer, for defamation after McNamee told baseball investigator George Mitchell that the seven-time Cy Young Award winner used steroids and human growth hormone. Clemens also claims he was defamed when McNamee repeated his allegations to SI.com.

Jason Matteau, 27, and Rebecca Matteau, 24, of Jewett City, turned themselves to police in Montville after being told authorities had arrest warrants for them. They were freed on $50,000 bonds and ordered to appear in court Oct. 1.

Their son, Wyatt, died Aug. 28, about two hours after being shot in the head when the gun accidentally fired, state police said. The Matteaus were at their apartment with their son and infant daughter at the time, but Wyatt was alone in a room when the gun went off, troopers said.

Connecticut law makes it a crime to store loaded firearms in an area where the owner reasonably should know that someone under 16 could find them.

Jason and Rebecca Matteau are both charged with risk of injury to a minor. Jason Matteau is also charged with criminally negligent storage of a firearm.

Both charges are felonies. Risk of injury to a minor carries up to 10 years in prison, and the firearm charge carries up to five years in jail.

The four face charges of trespassing and illegal lodging for taking part in the 21-month protest. The group had aimed to stop the campus from cutting down trees to make way for a new athletic training facility.

But after the campus got a court order allowing the construction, workers cut down most of the trees scheduled for removal.

The protesters climbed down Tuesday after authorities surrounded the remaining tree with scaffolding.

One of the tree-sitters is set to be released after posting bail. The other three remain in custody. The four return to court for a pretrial hearing Monday.

Charles Dean Hood won a reprieve Tuesday, but not because of the alleged affair.

The Texas Court of Criminal Appeals said it will reconsider its previous dismissal of an appeal by Hood that challenged jury instructions. The court said developments in the law regarding jury nullification instructions made reconsidering its ruling prudent.

At the same time, the court dismissed claims by Hood's attorneys that he was denied a fair trial because of the alleged relationship between retired Judge Verla Sue Holland and former Collin County District Attorney Tom O'Connell. O'Connell and Holland gave depositions under a court order Hood's attorneys won on Monday.

The reprieve came around the time Hood's lawyers sent Gov. Rick Perry a letter saying that Holland and O'Connell "admitted under oath that they had an intimate sexual relationship for many years."

Attorneys for Holland and O'Connell said they were under court order not to discuss their clients' testimony.

"The intimate sexual relationship between the judge and the district attorney began several years prior to the trial of Mr. Hood," lawyer Greg Wiercioch said in his letter to the governor re-emphasizing his earlier petition for a 30-day reprieve.