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Manhattan DA drops part of Weinstein case
Criminal Law Updates | 2018/10/12 18:21
Manhattan’s district attorney dropped part of the criminal sexual assault case against Harvey Weinstein on Thursday after evidence emerged that cast doubt on the account one of his three accusers provided to the grand jury.

The development was announced in court Thursday with Weinstein looking on.

The tossed charge involves allegations made by one of the three accusers in the case, Lucia Evans, who was among the first women to publicly accuse Weinstein of sexual assault.

In an expose published in The New Yorker one year ago Wednesday, Evans accused Weinstein of forcing her to perform oral sex when they met alone in his office in 2004 to discuss her fledgling acting career. At the time, Evans was a 21-year-old college student.

Assistant District Attorney Joan Illuzzi-Orbon told the judge that prosecutors wouldn’t oppose dismissal of the count in the case involving Evans. She insisted the rest of the case, involving two other accusers, was strong.

“In short, your honor, we are moving full steam ahead,” she said.

Weinstein’s lawyer, Benjamin Brafman, told the judge he believed Evans had lied both to the grand jury and to The New Yorker about her encounter with Weinstein. He also said he believed a police detective had corruptly attempted to influence the case by keeping a witness from testifying about her misstatements.


Bill Cosby's day of reckoning arrives in court
Criminal Law Updates | 2018/09/27 10:24
The woman Bill Cosby was convicted of drugging and sexually assaulting said in a statement released at the comedian's sentencing Tuesday that she has had to cope with years of anxiety and self-doubt that have left her "stuck in a holding pattern."

Andrea Constand, 45, said her training as a professional basketball player had led her to think she could handle anything, but "life as I knew it" ended on the night in 2004 that Cosby knocked her out with pills and violated her.

The statement was released as Judge Steven O'Neill weighed Cosby's punishment and whether to declare the 81-year-old TV star a "sexually violent predator," a legal scarlet letter that would subject the comedian to monthly counseling for the rest of his life and would require that neighbors, schools and day care center be notified of his whereabouts.

The comic once known as America's Dad faced anywhere from probation to 10 years in prison after being convicted in April in the first celebrity trial of the #MeToo era.

Prosecutors asked a judge to give Cosby five to 10 years behind bars, while his lawyers asked for house arrest, saying the former TV star is too old and helpless to do time in prison.

Constand said she now lives alone with her two dogs and has trouble trusting people.

"When the sexual assault happened, I was a young woman brimming with confidence and looking forward to a future bright with possibilities," she wrote in her five-page statement.


3 hurt in court shooting leave hospital; gunman identified
Criminal Law Updates | 2018/09/21 19:15
The wife of a gunman killed after he opened fire at a Pennsylvania municipal building Wednesday said in a social media post that she was OK but did not say whether she had been injured in the shooting.

Crystal Dowdell, 39, posted on her Facebook account that she was fine late Wednesday and that police had taken her phone as evidence. Pennsylvania state police confirmed Thursday that Patrick Dowdell, 61, was the deceased gunman.

Dowdell entered the Masontown Borough building about 60 miles south of Pittsburgh after 2 p.m. Wednesday with a handgun drawn and began firing into the crowded complex’s lobby. He wounded a police officer, who was treated and released for injuries to his hand, before wounding three civilians.

Authorities would not say whether any of the victims were Dowdell’s intended target or related to the domestic violence charges he was scheduled to appear in court to face Wednesday.

The three were taken to Ruby Memorial Hospital in Morgantown, West Virginia. A spokeswoman said Thursday the two men, ages 35 and 47, and a 39-year-old woman were all released Wednesday night.


The Latest: McConnell says Kavanaugh 'will be' on court soon
Criminal Law Updates | 2018/09/19 05:18
Senate Majority Leader Mitch McConnell is telling evangelical activists the Senate will "plow right through" and move to confirm Judge Brett Kavanaugh to the Supreme Court.

McConnell told the annual Values Voter conference Friday "in the very near future, Judge Kavanaugh will be on the United States Supreme Court." He urges the Republican-leaning activists to "keep the faith" and predicts senators will do their jobs.

McConnell's predictions come as California college professor Christine Blasey (BLAH'-zee) Ford accuses Kavanaugh of sexual assault more than 30 years ago when they were teenagers. Kavanaugh has denied the allegations.

Negotiations have been ongoing on whether Ford will testify next week before the Senate Judiciary Committee. President Donald Trump is challenging by name the woman accusing his Supreme Court nominee of sexual assault, saying if the attack she alleges were that "bad" then she would have filed charges.

Trump tweeted Friday: "I have no doubt that, if the attack on Dr. Ford was as bad as she says, charges would have been immediately filed with local Law Enforcement Authorities by either her or her loving parents. I ask that she bring those filings forward so that we can learn date, time, and place!"

The president previously had avoided naming California college professor Christine Blasey (BLAH'-zee) Ford or casting doubt on her account. Ford alleges Kavanaugh sexually assaulted her more than 30 years ago when they were teenagers. Kavanaugh has denied the allegations.


S. Korea court extends ex-leader Park's lengthy prison term
Criminal Law Updates | 2018/08/24 10:10
A South Korean high court has extended the lengthy prison sentence of former President Park Geun-hye for corruption in office.

In April, a district court sentenced Park to 24 years in jail over bribery, extortion, abuse of power and other charges. She was removed from office last year following months of street rallies over the corruption scandal.

The Seoul High Court on Friday handed out a 25-year prison sentence after concluding Park took more money in bribes than initially believed.

Park, daughter of late dictator Park Chung-hee, was South Korea's first female president. She has called herself a victim of political revenge.



Court says convicted serial rapist should be released
Criminal Law Updates | 2018/07/11 23:57
A convicted serial rapist should be allowed to be released into the community under supervision, the Minnesota state Court of Appeals ruled Monday, saying the state did not prove by clear and convincing evidence that Thomas Duvall should remain in treatment.

Department of Human Services Commissioner Emily Piper said Monday that she will appeal the provisional discharge of Duvall, in a case that once set off a political firestorm as lawmakers were considering changes to the state's treatment program for sex offenders.

"I have grave concerns about this decision," Piper said in a statement. "Three experts have previously testified that Thomas Duvall is not ready for life in the community and that he presents far too great a risk to public safety. I share that view and will exhaust every possible avenue of appeal."

Duvall, 62, has spent the last 30 years locked up for the violent rapes of teenage girls in the 1970s and 1980s. In 1987, he bound a Brooklyn Park girl with an electrical cord and raped her repeatedly over several hours while hitting her with a hammer. He was civilly committed as a psychopathic personality in 1991 and sent to the Minnesota Sex Offender Program.

Duvall has been in treatment since 2001 and was diagnosed as a sexual sadist. He has been in the final stages of the program since 2010, living outside the security perimeter at the facility in St. Peter, going on regular supervised community outings, volunteering at a thrift store, attending community support groups and preparing for transition into the community.


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