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Battle over faked Holocaust book in Mass. court
Court Feed News | 2008/08/26 08:03
It was a shock to Misha Defonseca's readers this year when she admitted that the best-selling story of her tortured childhood during the Holocaust was false, but her U.S. publisher saw it as an opportunity to undo a stinging, 7-year-old court judgment.

Jane Daniel says she never would have been ordered to pay Defonseca and her ghost writer $32.4 million over her handling of profits from "Misha: A Memoire of the Holocaust Years" had the jury known the book was filled with lies.

Defonseca never lived with wolves to escape the Nazis, never killed a German soldier in self-defense, never walked 3,000 miles across Europe in search of her parents. Contrary to the book's claims, Defonseca admitted in February that she isn't even Jewish.

Daniel is asking a judge to throw out the verdict; a hearing is set for Thursday in Middlesex Superior Court.

"This is a case where everyone was so enamored and felt so much sympathy for the Holocaust survivor, it just overwhelmed everyone in the case, including the jury," Daniel said in an interview with The Associated Press. "Now to find out that the book was not true, that is fraud on the court."

Defonseca and her ghost writer, Vera Lee, said the truth of the 1997 book had no bearing on the jury's finding that Daniel cheated them out of profits.



Prosecutors trying to get obese defendant to court
Court Feed News | 2008/08/22 12:01
Prosecutors are trying to decide how to jail and bring to court a nearly half-ton, bedridden woman accused of killing her 2-year-old nephew.

A grand jury on Thursday indicted Mayra Lizbeth Rosales, 27, on one count of first-degree murder and on one count of injury to a child in the death of Eliseo Gonzalez Jr. She previously had been charged with capital murder.

Rosales weighs nearly 1,000 pounds and cannot fit through a door to leave her home, leaving prosecutors wondering how to bring her to court. As of Thursday evening, she was not in custody.

Hidalgo County Sheriff Lupe Trevino said holding her at the county jail for her trial would be impossible because she needs extensive medical care.

"She would die," said Trevino in Thursday's online edition of The Monitor in McAllen.

The grand jury indicted Rosales after an autopsy confirmed investigators' suspicions that the child died March 18 because he had been struck. Investigators believe the toddler was struck at least twice, crushing his head.

Authorities recommended Rosales' bond be set at $150,000.

The boy's mother Jaime Rosales, was charged earlier with injury to a child because she allegedly left her son alone with his aunt. Her bond has been set at $100.000.



Calif top court: Docs can't withhold care to gays
Court Feed News | 2008/08/20 15:32
California's highest court on Monday barred doctors from invoking their religious beliefs as a reason to deny treatment to gays and lesbians, ruling that state law prohibiting sexual orientation discrimination extends to the medical profession.

Justice Joyce Kennard wrote that two Christian fertility doctors who refused to artificially inseminate a lesbian have neither a free speech right nor a religious exemption from the state's law, which "imposes on business establishments certain antidiscrimination obligations."

In the lawsuit that led to the ruling, Guadalupe Benitez, 36, of Oceanside said that the doctors treated her with fertility drugs and instructed her how to inseminate herself at home but told her their beliefs prevented them from inseminating her. One of the doctors referred her to another fertility specialist without moral objections, and Benitez has since given birth to three children.

Nevertheless, Benitez in 2001 sued the Vista-based North Coast Women's Care Medical Group. She and her lawyers successfully argued that a state law prohibiting businesses from discriminating based on sexual orientation applies to doctors.

The law was originally designed to prevent hotels, restaurants and other public services from refusing to serve patrons because of their race. The Legislature has since expanded it to cover characteristics such as age and sexual orientation.



Killer of 11 train passengers faces sentencing
Court Feed News | 2008/08/20 12:33
A man who killed 11 people by causing a commuter rail disaster in Glendale faces sentencing, one month after a jury recommended he serve life in prison without the possibility of parole.

During the penalty phase of Juan Alvarez's trial, jurors cried openly as survivors of the dead came forward to describe the anguish of their losses and the emptiness of their lives since the accident in 2005 robbed them of spouses, sisters, fathers and mothers.

Superior Court Judge William Pounders, who has presided over many high profile trials in a long career on the bench, admitted outside the jury's presence that he also had been affected by the survivors' testimony.

"I've never been so emotionally affected by evidence," said Pounders, who does not have the option to increase the penalty to death at the sentencing hearing Wednesday.

The prosecution described Alvarez as a remorseless, smirking defendant who didn't think of the case as a tragedy.

The defense painted the 29-year-old as a mentally disturbed man who was almost aborted by his mother, was shaped by a childhood of horrific abuse and became a methamphetamine addict. They said he drove his sport utility vehicle on the railroad tracks in a misguided attempt to get the attention of his estranged wife. They said he changed his mind at the last minute but it was too late to get the vehicle off the tracks.



Texas seeks custody of teen Jeffs allegedly wed
Court Feed News | 2008/08/19 12:37
The mother of a girl allegedly given in marriage at age 12 to jailed polygamist leader Warren Jeffs refused to answer questions Monday from attorneys for the state child welfare agency who had begun presenting evidence.

The state wants to remove the girl, now 14, and an 11-year-old brother from the mother's care, saying she has refused to guarantee the girl won't have contact with men accused of being involved in underage marriages. The girl's father allegedly blessed her marriage to Jeffs and the underage marriages of at least two sisters.

The hearing was initially delayed while lawyers in that case and three others tried to negotiate settlements. Later, Texas Ranger Nick Hannah helped Child Protective Services introduce into record dozens of marriage records, photos and church records outlining family relationships that were seized from the Yearning For Zion Ranch in Eldorado.

The girl's mother refused to answer roughly 50 questions asked by attorneys for the child welfare agency, including what constituted abuse, the names of her children and her relationship with their father.



Texas seeks custody of teen Jeffs allegedly wed
Court Feed News | 2008/08/19 12:37
The mother of a girl allegedly given in marriage at age 12 to jailed polygamist leader Warren Jeffs refused to answer questions Monday from attorneys for the state child welfare agency who had begun presenting evidence.

The state wants to remove the girl, now 14, and an 11-year-old brother from the mother's care, saying she has refused to guarantee the girl won't have contact with men accused of being involved in underage marriages. The girl's father allegedly blessed her marriage to Jeffs and the underage marriages of at least two sisters.

The hearing was initially delayed while lawyers in that case and three others tried to negotiate settlements. Later, Texas Ranger Nick Hannah helped Child Protective Services introduce into record dozens of marriage records, photos and church records outlining family relationships that were seized from the Yearning For Zion Ranch in Eldorado.

The girl's mother refused to answer roughly 50 questions asked by attorneys for the child welfare agency, including what constituted abuse, the names of her children and her relationship with their father.



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