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Today's Date: U.S. Attorney News Feed
Cop may plead guilty to bar beating
Court Feed News | 2008/02/15 14:53

The burly Chicago cop whose alleged beating of a female bartender was caught on videotape -- might be ready to plead guilty, his lawyer said Wednesday.

But the alleged victim, Karolina Obrycka, told the Chicago Sun-Times she is still reeling from the attack. "I'm still afraid of big guys," she said.

Abbate, 39, is charged with the Feb. 19, 2007, beating of the 115-pound Obrycka at Jesse's Shortstop Inn on the Northwest Side. Abbate faces up to five years in prison.

"There is a possibility" Abbate will plead guilty, his lawyer Peter Hickey said. "How firm that possibility is, I really don't know.

"The judge is going to make an offer, and it's going to be up to Mr. Abbate to decide if he wants to take it."

Hickey signaled Abbate's interest by requesting a "402 conference," in which prosecutors, defense lawyers and a judge discuss a possible plea deal. After the request, Hickey, prosecutors and Judge John Fleming met for more than an hour.

Though Abbate could get probation, a source with knowledge of the case said any plea deal would involve jail time.

Before the conference, Abbate -- sporting a handlebar mustache -- sat in the back of the courtroom with Hickey signing papers. Hickey later asked Fleming to order a pre-sentence investigation. Abbate will appear in court again March 11.

According to a lawsuit filed by Obrycka, Abbate "erupted into a violent fit" after she refused to serve him because he seemed intoxicated. Security videotape caught Abbate beating Obrycka and gained worldwide attention last year after it was made public.

After the beating, Abbate allegedly threatened Obrycka and others through intermediaries to keep them quiet, prosecutors said. Abbate is charged with aggravated battery in a public place, official misconduct, conspiracy, intimidation, and communicating with a witness.

He has been suspended without pay, said police spokeswoman Monique Bond.

Obrycka said she trusts Fleming to impose the appropriate sentence. Her life has changed since the beating, she said, and last October, she got married. "I still have nightmares, but not as much because my husband is taking care of me," she said.





NJ Boy, 9, Found Guilty in Daycare Death
Court Feed News | 2008/02/15 14:48
A 9-year-old boy accused in the beating death of a toddler at a day care center last summer has been found guilty of the juvenile equivalent of manslaughter.

The boy, identified only as "J.L.," was "adjudicated delinquent" and sentenced to 18 months probation. He must continue the counseling and therapy he is already undergoing, the Middlesex County Prosecutor's Office said Thursday night.

Prosecutors had sought to have the youth serve a three-year sentence at a juvenile facility, the maximum allowed under law.

The boy was originally charged with aggravated manslaughter in the Aug. 23 death of 11-month-old Tahir Francis of Carteret, who died from head injuries after being kicked at the Beverly Bryant Family Day Care facility in Woodbridge Township.

It is still not clear what provoked the attack.

Beverly Bryant, 64, who operated the licensed facility out of her home, was not in the room when the infant was kicked. Authorities have said Bryant was distracted by a phone call and other home chores.

The center was ordered closed and Bryant was charged with child endangerment. She has pleaded not guilty.



Former Hill Aide Guilty on Porn Charge
Court Feed News | 2008/02/15 11:50
A former aide to Sen. Maria Cantwell, D-Wash., pleaded guilty Thursday to a federal child pornography charge.

James Michael McHaney of Washington, D.C., faces up to 10 years in prison after his felony conviction. He was fired from his job as a scheduler for Cantwell after his arrest last year. Earlier, he had worked for the 2004 presidential campaigns of Democrats Dick Gephardt and John Kerry.

Prosecutors say McHaney, 28, tried to arrange a sexual encounter with a 13-year-old boy last November. Police later found child pornography in his car and home.

He was initially charged with attempting to sexually exploit a minor, but pleaded guilty to a reduced charge of possession of child pornography. Prosecutors said he had more than 1,000 images of child pornography, as well as videos and DVDs portraying children as young as three engaged in sexual conduct.

McHaney's lawyer, Thomas Abbenante, called the case "a very tragic situation" for McHaney and his family. McHaney's parents were in court Thursday as U.S. District Judge Thomas Hogan approved the plea agreement.

The parents declined to comment, as did Assistant U.S. Attorney Jean Sexton, who prosecuted the case.



Texas Ban on Sex Toy Sales Is Overturned
Court Feed News | 2008/02/14 14:56
A federal appeals court has overturned a statute outlawing sex toy sales in Texas, one of the last states — all in the South — to retain such a ban.

The 5th U.S. Circuit Court of Appeals ruled that the Texas law making it illegal to sell or promote obscene devices, punishable by as many as two years in jail, violated the right to privacy guaranteed by the 14th Amendment.

Companies that own Dreamer's and Le Rouge Boutique, which sell the devices in its Austin stores, and the retail distributor Adam & Eve sued in federal court in Austin in 2004 over the constitutionality of the law. They appealed after a federal judge dismissed the suit and said the Constitution did not protect their right to publicly promote such devices.

In its decision Tuesday, the appeals court cited Lawrence and Garner v. Texas, the U.S. Supreme Court's 2003 opinion that struck down bans on consensual sex between same-sex couples.

"Just as in Lawrence, the state here wants to use its laws to enforce a public moral code by restricting private intimate conduct," the appeals judges wrote. "The case is not about public sex. It is not about controlling commerce in sex. It is about controlling what people do in the privacy of their own homes because the state is morally opposed to a certain type of consensual private intimate conduct. This is an insufficient justification after Lawrence."

The Texas attorney general's office, which represented the Travis County district attorney in the case, has not decided whether to appeal, said agency spokesman Tom Kelley.

Phil Harvey, president of Adam & Eve Inc., said the 5th Circuit Court's decision was a big step forward. He said his business plans to expand to sell in stores and at home parties, something company consultants had been fearful of doing because of the Texas law.

"I think it's wonderful, but it does seem to me that since Texas was one of three states in the country — along with Mississippi and Alabama — that continued to outlaw the sale of sex toys and vibrators, that it was probably past time," Harvey said Wednesday.

Alabama is in the 11th Circuit. But now it's unlikely that the law in Mississippi, which also is in the 5th Circuit, will be prosecuted, some legal experts said.

Virginia's law barring obscene items is a bit different from other state laws and does not appear to apply to sex toy sales, said Harvey, whose company distributes nationwide.

Louisiana, Kansas, Colorado and Georgia had laws barring obscene devices, but courts have since struck them down. The 11th Circuit Court of Appeals struck down a Georgia law banning the advertising of sex toys, which can be sold under some approved circumstances.

The 5th Circuit Court's decision is encouraging for Sherri Williams, who has been fighting the issue in Alabama for a decade. Williams, who owns Pleasures stores in Alabama, sued in 1998 after state lawmakers banned the sale of sex toys there. A year ago, she lost her fight again when the U.S. Supreme Court refused to consider a lower court decision upholding the Alabama law as constitutional.

Williams hopes that lawmakers will take notice of the recent Texas case and support a newly filed bill in the Alabama Legislature to overturn the ban on adult toy sales.

"I think the courts are finally listening to the people," Williams said Wednesday. "You have 'Sex and the City,' 'Desperate Housewives' and other shows promoting what society is doing. I think the courts have finally opened their eyes and looked around, which is a miracle in the South."



Ansonia must pay lawyer in drug case
Court Feed News | 2008/02/13 15:05
The Ansonia Board of Education has been ordered by a federal judge to pay $17,902 in legal fees and another $1,294 in court costs to a Bridgeport lawyer who successfully overturned the expulsion of a former high school football player arrested on a marijuana charge after school.

U.S. District Judge Janet C. Hall awarded the payments to Gary Mastronardi, a former FBI agent turned lawyer, for his representation of Tristan Roberts, a 17-year-old Ansonia High School junior, and his mother, Paulette Bolling, last fall.

Michelle Laubin, a Milford lawyer representing the school system, challenged both the system's liability for legal fees and the $400 per hour Mastronardi requested for his work on the case.

The judge found that Mastronardi successfully obtained Roberts' return to school by convincing her to issue a temporary restraining order against the Board of Education's expulsion. That led to a Nov. 14 settlement in which the school board rescinded the Oct. 22 expulsion and allowed Roberts to return to school the next day.

Hall did reduce Mastronardi's hourly fee request to $350 for each of the roughly 51 hours he spent working on the case.

Roberts was suspended and then expelled from the high school after police arrested him in September on a marijuana possession charge in the Riverside Apartments housing project in Ansonia.

The incident occurred several hours after school closed for the day and several miles away from the high school. Police said they found eight small bags of marijuana and $13 in Roberts' possession during his arrest. The charges, however, were resolved under the youthful offender laws, with no incarceration and no criminal record.

Hall granted Mastronardi's request for a temporary restraining order against the expulsion.

At that time, Mastronardi said the judge advised schools that "they'd better make sure before expelling a student for engaging in after-hours, off-campus misconduct that the conduct disrupted the school's operation."

As part of the settlement, Bolling withdrew her federal lawsuit against the Board of Education, Supt. of Schools Carol Merlone and Ansonia High School Principal Susan H. McKernan.

Neither Laubin nor Mastronardi could be reached for comment Tuesday.



State Will Handle WVU-Rodriguez Lawsuit
Court Feed News | 2008/02/12 12:12
The lawsuit over a $4 million buyout clause in the contract of former West Virginia University football coach Rich Rodriguez is headed back to the court where it originated.

A federal judge ruled Monday the matter belongs in Monongalia County Circuit Court. That's where WVU filed the case after Rodriguez resigned to take the head coaching job at Michigan.

WVU had argued because it's an arm of state government, it can only be sued in state court.

U.S. District Court Judge John Bailey agrees. He says the university is not an independent body.

The ruling also says it's clear the outcome of the case will have an impact on state funds because any money paid to or held by the university is considered the state's money.



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