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Today's Date: U.S. Attorney News Feed
Ga. Sheriff Pleads Guilty to Coverup
Court Feed News | 2007/08/22 15:20

A sheriff accused of lying to investigators and hiding evidence to protect two deputies charged with a drive-by shooting pleaded guilty Tuesday to four criminal charges and resigned. "I knew what happened ... and I didn't tell them what happened," Towns County Sheriff Rudy Eller said. "I made a serious mistake, there's no doubt about it."

Eller, 63, pleaded guilty to making false statements in a matter within a political subdivision, tampering with evidence, hindering apprehension or punishment of a criminal and violation of oath by a public official or officer.

The two deputies, Jessie Gibson, 56, and Chief Deputy Eddie Osborn, 41, faced aggravated assault and obstruction charges in connection with a July 9 shooting at the home of Gary Dean of Hiawassee. Dean, who was not injured, was "involved in an ongoing intimate relationship" with Osborn's wife, according to a Georgia Bureau of Investigation affidavit.

Gibson was found dead on Aug. 8 of a self-inflicted gunshot in what authorities called an apparent suicide.

Outside the courthouse Tuesday, Eller apologized to the residents of Towns County.

He wore an oxygen tube in his nose as he walked from the courtroom. Mike Weaver, his attorney, said Eller was suffering from diabetes and other health problems and could not answer other questions. He said Eller's sentencing is pending.



Charge dropped against SoCal pedophile
Court Feed News | 2007/08/22 14:19
A self-described pedophile was released from jail after prosecutors dropped a criminal case accusing him of violating a judge's order prohibiting him from being within 30 feet of children anywhere in California for three years. Prosecutors could not pursue the case against Jack McClellan, 45, after they determined the order was invalid because the judge failed to schedule and give McClellan proper notice of a hearing required to argue the merits of imposing such a long-lasting order before it is issued. McClellan was released from jail Tuesday.

He was arrested Aug. 13 for investigation of violating the order when he was found near a child care center at the University of California, Los Angeles. He had a camera with him at the time, but he told a local TV station that there wasn't any film in it.

McClellan was arrested again — several hours later — this time for trespassing after he did an interview with the TV station on university grounds. He had been told not to return to the campus after his first arrest. Prosecutors did not pursue the trespassing charges.

Superior Court Judge Melvin Sandvig issued the order Aug. 3 requiring McClellan to stay at least 30 feet away from every person under age 18 in California for a three-year period, said Nick Velasquez, a spokesman for the Los Angeles city attorney's office.

A three-year order amounts to what is termed a preliminary injunction, and cannot be issued without the statutory hearing and notice requirements, according to the city attorney's office.

Superior Court spokeswoman Pat Kelly said Sandvig could not comment because the case is pending. A call to his chambers went unanswered late Tuesday.

A cellphone message left for McClellan was not returned.

McClellan is unemployed and has been living out of his car. He stirred controversy in Southern California when he arrived this summer from Washington state, where he had lived with his parents.

McClellan maintained a website in Washington where he posted photos of children he had taken in public places. He also discussed how he liked to stake out parks, public libraries, fast-food restaurants and other areas where little girls, or "LGs," congregated.

His server took his website down more than a month ago. McClellan, who said he lives on supplemental security income and suffers from depression, has maintained that he launched the site as a form of therapy and wouldn't do anything illegal.

McClellen also has a hearing set for Friday on a temporary restraining order preventing him from coming within 10 yards of children in the city of Santa Clarita in northern Los Angeles County, authorities said.



Lawsuit filed over alleged rape by officer
Court Feed News | 2007/08/22 12:38
A 23-year-old Florida woman who said she was raped last December by an on-duty Inglewood police officer filed a federal lawsuit Tuesday, charging that the department's policies contributed directly to the attack.

The suit, which names as defendants the officer, his partner and the department's top brass, alleges that the Inglewood Police Department's hiring, training and retention policies created an "unrestrained, undisciplined and out of control" atmosphere in which some officers thought that they could "get away with anything and everything." It also contends that the woman was sexually assaulted and falsely imprisoned, and that her civil rights were violated.

Her attorney, Dylan Pollard, said the lawsuit comes many frustrating months after he and his client participated in a private meeting about the allegations with the U.S. attorney's office, the FBI, the Los Angeles County district attorney's office and Inglewood police.

No charges have been filed in the eight-month criminal investigation.

Inglewood police officials said the sexual assault case was still being investigated. They would not say whether that investigation was connected to a separate departmental inquiry into accusations that department employees, during work hours and off duty, have had sex with female masseuses.

Last month, the department announced that it had fired two officers in connection with the masseuse inquiry. Officials declined to name the officers or describe the scope of the investigation other than to say that an unspecified number of employees received "intent to discipline" notices.

Department officials had no immediate comment on the lawsuit.

A spokeswoman for the Los Angeles County district attorney's office said it is still investigating the alleged rape.

The 26-page lawsuit graphically describes what the woman calls a terrifying assault on Dec. 15. It says that she was followed by an Inglewood officer to her Econo Lodge motel room, raped and then forced to give the officer oral sex. Although the woman's identity is revealed in the lawsuit, The Times generally does not identify alleged victims of sex crimes without their permission. The lawsuit also gives the last names of two police officers -- the alleged perpetrator and his partner -- but The Times could not confirm their full names.

Recounting allegations that the newspaper first reported late last year, the lawsuit alleges that the woman was stopped by the two officers as she walked to a fast-food restaurant about 10:30 p.m. on a Sunday to get a late dinner. She was in town with her boyfriend, according to the lawsuit, to visit relatives for the holidays.

As she walked along Century Boulevard, a thoroughfare known for the presence of streetwalkers, the officers stopped her and accused her of being a prostitute, according to the lawsuit.

She denied the accusation and was followed back to her motel, where a night manager confirmed that she was a registered guest.

Nevertheless, the suit contends, one officer insisted that the woman take him to her motel room, where he again accused her of being a prostitute and then, with one hand on his handgun, forced her to have sex.

After the alleged attack, the lawsuit says, the officer left with his partner, who had been waiting downstairs in their patrol car.

Pollard said his client later provided a DNA sample from her alleged attacker to a rape treatment center and that the sample was turned over to the FBI.

The suit also names as defendants Capt. Eve Irvine, who heads the department's detective bureau, and former Chief JuliusDavis.

Loyola Law School professor Laurie Levenson, a former federal prosecutor, said she was not surprised that authorities are still investigating the case and said it did not indicate whether the allegations will lead to a criminal prosecution.

"These cases take some time to wind their way through the system because there is a constant prioritization of investigations," Levenson said. "On the federal side, the priority is terrorism cases, and in the D.A.'s office they have other types of crimes -- murder, serial violent offender -- that are the priority."

Delaying a resolution of such cases, Levenson said, can "be very frustrating for the victim." But barring more information, she said, it was impossible to know whether authorities are moving slower than they should.

"The fact is, they may be taking it seriously," Levenson said. "We have to remember that [the woman's] statement starts the process . . . it doesn't end the investigation."


Lawyer May Face Criminal Charges for Shocking Client
Court Feed News | 2007/08/21 14:42

Prosecutors in California may file criminal charges against a defense lawyer and an expert witness who shocked their client with a Taser in an attempt to show that police injured their client with the stun gun when he was arrested last year, the attorney told ABC News. Police say they briefly used the Taser a few times on Peter Schlueter's client George Engman to subdue him when they arrested him last year. Schlueter, who claims the police used excessive force against his client, said Engman had injuries that could only come from about a dozen zaps, or about 30 to 50 seconds, with the Taser.

During a court hearing for Engman's case last week, Schlueter showed a video of a police tactics consultant shocking Engman for a few seconds, in order to demonstrate that Engman's injuries were more severe than those caused in the video. Schlueter and his brother were also shocked in the video, Schlueter said.

But, after the tape was shown, San Bernardino County Deputy District Attorney Dan Ross said that Schlueter and his consultant Roger Clark may have violated the state's human experimentation law, which requires patients to sign waivers for medical experiments, according to Schlueter and local news reports.

When questioned by Ross, Clark testified that he was not certified to use the Taser and that he had not obtained waivers from Engman, Schlueter or his brother.

"It's something we're going to look at," Ross said of filing criminal charges, according to the Inland Valley Daily Bulletin. He declined to comment when contacted by ABC News.

Judge Katrina West postponed the hearing, advised Clark of his right against self-incrimination and appointed an attorney to represent him. She also advised Schlueter of his rights.

Schlueter said the move by prosecutors was an attempt to stop him from showing how police used excessive force on Engman. He said he had to shock Engman because he could not get studies on injuries caused by the weapons from Taser International. "I've never, ever heard of a single case like this," Schlueter said.

Ross told the Daily Bulletin that Clark's experiment damaged his credibility as an expert.

Neil Shouse, a former Los Angeles prosecutor, said the case was "very unusual. & This is first time I've heard of something like this," he said.

The state's human experimentation laws require that subjects of medical experiments be given an explanation of the purposes and risks of any experiment. They must give their written consent to participate. Violations can carry penalties of up to one year in jail or a $50,000 fine.

Alexander Capron, a professor of law and medicine at the University of Southern California, and an expert in medical ethics, said the law, which applies to "medical experiments," was intended to apply to medical research.

Told about Schlueter's case, Capron said, "This doesn't sound like research, as that's usually understood."

"If he's allowing himself to be stunned for the purpose of producing evidence in court, the notion that they're engaged in research seems laughable on its face," he said.



AA files lawsuit against Google over trademark words
Court Feed News | 2007/08/20 21:53

American Airlines (AA) is suing Google Inc over the Internet firm's sale of keyword ads for rivals trig-gered by its own trademarks.

A Google visitor who enters certain words or phrases that AA trademarked -- for example, Aadvantage, the name of its frequent-flier program -- will get links to AA's Web site but also its rivals under "sponsored links" -- targeted ads that appear alongside the regular search results.

Google makes most of its money from such keyword ads.

AA filed a lawsuit on Thursday in US District Court seeking unspecified damages.

"When done right, search is a great tool, but we have a problem with this part of their business," AA spokesman Billy Sanez said.

Sanez said the results could confuse consumers and divert customers away from AA's own site.

American Airlines, a unit of AMR Corp, tried to negotiate a settlement with Google before going to court, Sanez said.

Google spokesman Jon Murchinson said the company is "confident that our trademark policy strikes a proper balance between trademark owners' interests and consumer choice, and that our position has been validated by decisions in previous trademark cases."

Similar lawsuits against Google are fairly common, although they tend to involve smaller companies.

More than two years ago, a federal judge ruled in a similar case filed by insurer Geico Inc, ruling that Google's advertising practices were legal. Geico had said Google was letting rival insurance companies pay to have their ads displayed when a user searched for "Geico."

But the judge left the door open for Geico to collect damages from Google for featuring ads that used Geico's name in the text, rather than just using the trademark to trigger the ad. The two settled in 2005.

Google lost cases in France, but has won others in the US.



Whole Foods Takeover of Wild Oats on Hold
Court Feed News | 2007/08/20 17:01
A federal appeals court said Monday it needs more time to consider whether to block Whole Foods Market Inc. (WFMI) from buying Wild Oats Markets Inc. (OATS).

The U.S. Court of Appeals for the D.C. Circuit temporarily put the deal on hold until it can hear more arguments although the three-judge panel said the decision "should not be construed in any way as a ruling on the merits" of the case.

The Federal Trade Commission on Friday asked the court to stay a decision Thursday by U.S. District Judge Paul L. Friedman that allowed the transaction to proceed. The agency wants to block the deal on antitrust grounds.

The panel ordered the FTC to explain by Wednesday afternoon why it appealed. Whole Foods will have until Thursday to respond. The accelerated schedule suggests the court plans to move quickly.

Whole Foods is blocked "from taking any further steps to acquire the stocks, assets or any other interest" in Wild Oats until the judges issue a further ruling.

Shares of Whole Foods fell $1.15, or 2.6%, to $43.19 Monday, while shares of Wild Oats fell 7 cents to $17.85.


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