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Court quashes Raiders' lawsuit against NFL
Court Feed News | 2007/07/03 14:53

Raiders owner Al Davis on Monday lost his final effort to collect financial damages stemming from his return to Oakland 12 years ago, a move marked by dozens of television blackouts, thousands of empty seats and millions of dollars in lost revenue. A unanimous California Supreme Court refused to revive the Raiders' lawsuit against the NFL, in which Davis alleged the league forced his move back to Oakland by refusing to cooperate in his attempt to get a new stadium built at Hollywood Park outside Los Angeles.

A Los Angeles jury in 2001 had rejected Davis' claims, but the trial judge, Robert C. Hubbell, threw out the verdict and ordered a new trial after several jurors accused two members of the panel of misconduct. An appellate court in 2005 restored the jury verdict, saying conflicting accounts of what happened in the jury room did not merit a new trial. Restricting its review to a narrow legal issue - whether the appellate court was correct in reviewing the competing juror accounts in the absence of a rationale being provided by Hubbell for his own ruling - the Supreme Court affirmed the appellate decision.

"We are pleased this lengthy litigation is finally over," said NFL executive vice president Joe Browne.

Jeff Birren, the Raiders' general counsel, said, "The Supreme Court ruled that because the judge failed to insert a couple of extra words of explanation, the Raiders should be denied a new trial. The Supreme Court's ruling is incomprehensible."

Davis had claimed more than $1 billion worth of damages from the NFL, but jurors didn't believe his account that the league forced his decision to move back to Oakland by imposing onerous terms before it would help build a new Hollywood Park stadium. The jury sided with the NFL, which argued Davis took the deal in Oakland because he thought it would turn out best for the team.

After the verdict was reached, Davis personally interviewed jurors and found some who were willing to sign statements saying a member of the panel was prejudiced against the Raiders. That juror, Joseph Abiog, maintained he had no bias, saying he only had joked that "I hate the Raiders" because he once lost a bet on the team in Las Vegas.

The Oakland contract has been disastrous both for the Raiders and taxpayers in the city and in Alameda County, as Raiders fans refused to buy all the pricey personal seat licenses and club seats that the deal's proponents had projected. The Raiders have fallen to among the lowest revenue-producing teams in the league, while the city and county have paid $236 million to cover the deal costs to date, a number that will increase until bonds used to rebuild McAfee Coliseum are retired in 2025.



Doctor Pleads Guilty to Child Porn
Court Feed News | 2007/07/03 13:57
A family physician in the rural northeast corner of California pleaded guilty Monday to one count of felony child pornography for secretly videotaping teenage girls during pelvic and breast exams. Owen Murphy Panner Jr., 60, used a miniature camera hidden in the breast pocket of his shirt to videotape the pelvic examination of a 15-year-old female patient, U.S. Attorney McGregor Scott said.

Panner also installed small cameras in air vents above an examination table to record a nurse practitioner performing breast and pelvic exams on a 16-year-old patient.

The recordings were made in 2001 at the Modoc Medical Clinic and were discovered three years later by hunters walking in a field, the U.S. attorney's office said. The tapes had been buried in a Tupperware-style container.

Scott said Panner admitted producing the tapes and acknowledged he kept them because he was a "pack rat." Calls to a residential number in Panner's name in Alturas went unanswered Monday.

According to state Medical Board records, Panner was a graduate of the University of California, Irvine, and had practiced medicine for 27 years. He surrendered his medical license in April 2006.

He faces up to five years in jail and a $250,000 fine when he is sentenced in September in U.S. District Court.



Georgia requests revision of river rights lawsuit
Court Feed News | 2007/07/02 12:21

The state of Georgia wants Columbus Water Works to revise some language in a lawsuit the public utility plans to file in an attempt to safeguard Columbus' right to the Chattahoochee River's water. The suit to be filed in federal court against the U.S. Army Corps of Engineers seeks a guarantee that Columbus will get its fair share of water.

J. Barrington Vaught, the Water Works' local counsel in the suit, said the Georgia Environmental Protection Division and Gov. Sonny Perdue's office asked the Water Works in a June 22 telephone conference to change certain passages in the lawsuit.

Water Works is being represented by Atlanta law firm Alston & Bird. Vaught is a partner with Columbus-based Hatcher, Stubbs, Land, Hollis and Rothschild, which is representing Water Works locally.

Specifically, he said state officials were concerned about passages that can be construed as "anti-Atlanta" that allege the Corps is reserving water in Lake Lanier for municipalities near the lake, which the suit contends was not authorized by the congressional act that created the lake.

The state of Georgia is already a plaintiff in two water allocation lawsuits that have been merged with two other actions filed by Alabama and Florida. Water Works President Billy Turner and his lawyers have said those lawsuits do not focus on Columbus' particular water interests.

"The whole object of this is to try to draft a complaint that will work in harmony with the claims the state of Georgia has against the Corps of Engineers, rather than us appearing to be adverse to the interests of the state of Georgia and in particular the Atlanta area," he said.

Vaught said Water Works will change the wording of the lawsuit to try to satisfy the state.

"But at the same time we've got to continue to make certain allegations in the complaint to preserve the city's right to proceed with the lawsuit," he said.

Water Works was expected to return to Columbus Council last week asking for a resolution making the city a party in the lawsuit, which delayed the request until the the council's July 10 meeting due to the state's request, Vaught said. Columbus Council canceled its meeting for this week.

Water Works officials went before the 10-member council on June 19 requesting the resolution, but councilors asked for another week to review the lawsuit. Councilors also requested Water Works to contact Columbus' congressional delegation about the potential litigation.

Although Columbus's supply of drinking water isn't in peril, Turner has said dips in the flow could jeopardize Columbus' ability to discharge treated waste water in compliance with its state permit.

If the flow doesn't consistently meet a minimum amount required by the Water Works' waste water permit, it could cost the utility $10 million-$50 million to upgrade its treatment equipment -- an expense Turner said would raise customers' water bills.

Vaught said Thursday that although Water Works is still committed to filing the lawsuit, it is awaiting a letter from either the EPD or the governor's office detailing the state's position on Columbus' demand for a guarantee that it will get the water it needs.

"At the present time we have no assurances from anyone in the government of the state of Georgia that our concerns and needs are being taken care of," Vaught said.



Top court spares life of mentally ill killer
Court Feed News | 2007/06/29 12:47

The U.S. Supreme Court ruled Thursday that Texas should not execute a severely mentally ill man because he could not comprehend why he was going to be put to death. The 5-4 ruling, written by Justice Anthony Kennedy, spared the life of Scott Panetti, 49, who murdered his former in-laws in 1992 after battling mental health problems for years.

Panetti has been on Death Row in Texas since 1995 and has been diagnosed as schizophrenic.

Panetti's lawyers and attorneys for the state said he was mentally disturbed. The question was whether he was sufficiently mentally ill that it would violate the 8th Amendment, which bars cruel and unusual punishment, to execute him.

Panetti was hospitalized for mental illness 14 times in the decade before using a shotgun to kill his former in-laws in the Texas hill-country town of Fredericksburg, as his estranged wife Sonja and her son watched.

Panetti was ruled mentally competent to stand trial, to represent himself and to be executed. Before Thursday's decision, four courts, including the 5th U.S. Circuit Court of Appeals, rejected pleas by Panetti's lawyers to spare his life.

The case presented a particularly thorny question, because evidence was introduced that Panetti was aware that he had killed Amanda and Joe Alvarado. But expert testimony was presented that Panetti, known as "the Preacher" on Death Row, believed he was going to be executed because Texas was conspiring with the devil to block him from preaching the Gospel to fellow inmates -- not because of the Alvarado murders.

Kennedy found that Panetti's execution would be inconsistent with a 1986 Supreme Court decision that a person should not be put to death if he could not perceive "the connection between his crime and his punishment."

He was joined by Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer.

Dissenting was Justice Clarence Thomas, joined by Chief Justice John Roberts Jr. and Justices Antonin Scalia and Samuel Alito Jr.

The Supreme Court sent the case back to a federal judge in Austin, Texas, to reassess Panetti's mental health in light of the decision issued Thursday. Ted Cruz, the Texas solicitor general, said he would continue to press for Panetti's execution.

The high court's decision was hailed by the National Alliance on Mental Illness, which submitted a friend-of-the-court brief, as did the American Psychological Association and the American Psychiatric Association.

"For once, law has caught up with medical science," said Ronald Honberg, NAMI's director of policy and legal affairs.

"The circumstances of this case are tragic. ... However, execution of someone who is profoundly ill would only compound the original tragedy and represent a profound injustice for us all," Honberg said.



Teen guilty in death behind mob killing
Court Feed News | 2007/06/29 10:49

A teenager has pleaded guilty to a murder that sent a mob of the victim's relatives on a search for the killer, ending in the fatal beating of another man they thought was involved.

Leonard Staton, 19, pleaded guilty Thursday to killing Patrick McClendon, 20. Staton faces a minimum of 24 years in prison for second-degree murder, kidnapping, robbery and possession of a stolen firearm.

Staton called police last summer to confess to killing McClendon, his one-time friend, over 2 ounces of marijuana.

Hours before that call, a search party of McClendon's family and friends came across the victim's car, hidden among pine trees on property that belonged to the family of Tony Blakeney, 40.

The search party then turned on Blakeney, who lived at the house and was part of the search party, authorities said. Sheriff's deputies found Blakeney lying on the ground, and he died at a hospital.

Eleven men - most of them relatives of McClendon's, and all under 30 - face murder charges in Blakeney's death.

Investigators have said Blakeney had no part in McClendon's killing.



Advisory Firms' Owner Pleads Guilty
Court Feed News | 2007/06/28 16:24

The owner of two Manhattan investment advisory firms pleaded guilty to criminal charges in connection with an alleged scam that bilked overseas investors out of more than $18 million, prosecutors said. The U.S. Attorney's office in Manhattan said Wednesday that Christoph Schultz-Reineke, 40 years old, pleaded guilty to one count of conspiracy, mail fraud and three counts of wire fraud. He is the owner of Results Securities Inc. and Signature Investments Inc.

Schultz-Reineke, a German citizen living in Manhattan, faces up to 85 years in prison on the charges. He is scheduled to be sentenced on Sept. 28.

"It was a tragic day for him," said Roland Riopelle, Schultz-Reineke's lawyer. "We look forward to completing the proceedings. He looks forward, at some point, to going home to Germany."

Prosecutors alleged that Schultz-Reineke and others engaged in a scheme to defraud clients of Results Securities and Signature Investments. Many of the investors were German, prosecutors said.

Schultz-Reineke and others would secretly pay significantly more than publicized in its fee schedule to individuals employed by the companies to induce clients to invest, the government said.

Prosecutors said Schultz-Reineke and others also caused to be created customer account statements and trade confirmations that falsely represented purchases and sales of securities, as well as profits and losses incurred on those trades.

Schultz-Reineke and others directed a substantial portion of the investors' money be used for purposes other than trading securities, including for the firms' operating expenses and for their personal use.



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