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Alleged SF computer saboteur's bail request denied
Criminal Law Updates | 2008/07/24 14:30
A judge on Wednesday refused to reduce the $5 million bail of a San Francisco technology expert accused of rigging the city's computer system to malfunction during routine maintenance.

Terry Childs has been jailed since July 13 on four felony counts of computer tampering. He is accused of creating secret passwords that gave him exclusive access to the city's new multi-million-dollar computer network, which stores records such as officials' e-mails, city payroll files, confidential law enforcement documents and jail bookings.

Authorities said Childs initially refused to reveal correct passwords to them, but that he turned them over to Mayor Gavin Newsom during an unusual jailhouse visit Tuesday.

The city is still experiencing computer problems, said San Francisco Deputy District Attorney Conrad del Rosario. He told San Francisco Superior Court Judge Lucy McCabe that the Sheriff's Department is "locked out" and that other city departments are having problems.

Defense attorney Erin Crane said her client was the subject of a smear campaign by co-workers jealous of Childs' computer savvy and work ethic.

In arguing for reduced bail, Crane said in a motion that Childs was merely trying to protect the network after "co-workers and supervisors had in the past maliciously damaged the system themselves, hindered his ability to maintain it ... and shown complete indifference to maintaining it themselves."

Crane also said Childs, 43, posed no danger to the public.

She declined to comment outside court other than to say she was disappointed about the bail. She said his incarceration before trial will hinder her preparation of a complex case.



Louisiana asks court to reopen child rape case
Criminal Law Updates | 2008/07/22 12:01
Louisiana prosecutors asked the Supreme Court on Monday to revisit its recent decision outlawing the death penalty for people convicted of raping children.

The unusual request is based on the failure of anyone involved in the case — lawyers on both sides as well as the justices — to take account of a change in federal law in 2006 that authorizes the death penalty for members of the military who are convicted of child rape.

The court almost never grants such requests, but lawyers for Louisiana said their situation was different because the 5-4 decision written by Justice Anthony Kennedy relied in part on what Kennedy called a "national consensus" against executing convicted rapists.

The ruling on June 25 drew harsh criticism from politicians in Louisiana and other states where executing those who rape children was authorized or under consideration. Presidential contenders John McCain and Barack Obama also said they disagreed with the outcome of the case.

But only in the days following the decision did anyone point out that Congress changed the law and that President Bush signed an executive order in September 2007 that implemented the change. It was first discussed on a military law blog.



2 Marines charged in nurse's slaying due in court
Criminal Law Updates | 2008/07/15 09:38
Authorities in North Carolina say a Marine charged in the death of his wife, an Army nurse, will appear in court along with a fellow serviceman. The hearing is scheduled for 2 p.m. Tuesday in Fayetteville, near Fort Bragg.

Marine Cpl. John Wimunc was charged Monday with murder — as well as first-degree arson and conspiracy to commit arson — in the death of 2nd Lt. Holley Wimunc of Iowa.

Her body was found Sunday, three days after a suspicious fire at her Fayetteville apartment.

Authorities also charged Lance Cpl. Kyle Alden with first-degree arson, conspiracy to commit arson and accessory after the fact to first-degree murder. Both Marines were assigned to Camp Lejeune.



Wisconsin law bans sex with dead bodies
Criminal Law Updates | 2008/07/10 16:18
Wisconsin law bans sex with dead bodies, the state Supreme Court ruled Wednesday in reinstating charges against three men accused of digging up a corpse so one of them could have sex with it. The court waded into the grisly case after lower court judges ruled nothing in state law banned necrophilia. Those decisions prompted public outrage and a push by a state lawmaker to make sex with a corpse a crime. In Wednesday's 5-2 decision, the high court said Wisconsin law makes sex acts with dead people illegal because they are unable to give consent.

The ruling reinstates the attempted sexual assault charges against twin brothers Nicholas and Alexander Grunke and Dustin Radke, all 22. The charges carry a punishment of up to 10 years in prison.

Justice Patience Roggensack, writing a majority opinion with three other justices, said state law bans sexual intercourse with anyone who does not give consent "whether a victim is dead or alive at the time."

"A reasonably well-informed person would understand the statute to prohibit sexual intercourse with a dead person," she wrote.

Jefren Olsen, an attorney who represented Radke, said the decision was flawed because the law was never intended to punish necrophilia.

"Obviously, the facts are rather notorious and not the easiest to deal with," he said. "I assume that had some impact."

Police say the three men, carrying shovels, a crowbar and a box of condoms, went to a cemetery in southwestern Wisconsin in 2006 to dig up the body of Laura Tennessen, 20, who had been killed the week before in a motorcycle crash.

Nicholas Grunke had seen an obituary photo of her and asked the others for help digging up her corpse so he could have sexual intercourse with it, prosecutors say.

Authorities say the men used shovels to reach her grave but were unable to pry open the vault. They fled when a car drove into the cemetery and were eventually arrested.

The men were charged with attempted third-degree sexual assault and misdemeanor attempted theft charges. The case has been on hold as prosecutors appealed the dismissal of the assault charges.

Suzanne Edwards, a lawyer representing Nicholas Grunke, said she was disappointed in the decision. She said the men will be arraigned on the charges and have a chance to plead not guilty.

Attorney General J.B. Van Hollen, whose office represented prosecutors in the appeal, praised the decision.

"Words matter and the Legislature chose its words carefully to extend the sexual assault law to those heinous circumstances where a dead person is sexually assaulted, whether or not the defendant killed the victim," he said. "Necrophilia is criminal in Wisconsin."

The decision brings Wisconsin into line with more than 20 other states that prohibit necrophilia or the abuse of a corpse, according to the National Conference of State Legislatures.



Court proceedings begin for killing-spree suspect
Criminal Law Updates | 2008/07/03 12:20
Now that the multistate manhunt has ended, legal wrangling has begun over an ex-convict suspected in a killing spree that left eight people dead in Illinois and Missouri.

Nicholas T. Sheley appeared at a brief court hearing Wednesday via a video feed from a jail in southwestern Illinois, not far from where he'd been captured a day earlier as he smoked a cigarette outside a bar.

Judge Edward Ferguson read Sheley the first-degree murder, aggravated battery and vehicular hijacking charges that accuse him of the beating death of 65-year-old Ronald Randall. Randall's body was found Monday behind a grocery store in Knox County in the northwestern part of the state.

Sheley, 28, said he understood the charges and could not afford the $100,000 necessary to post his $1 million bail. The judge then ordered Sheley held until Knox County authorities could pick him up.

Authorities believe Sheley, 28, killed seven other people in the past week, including a 93-year-old man and a 2-year-old child. He is charged in only two of the eight deaths, but authorities say evidence links him to each crime scene.

Sheley has had several brushes with the law, including a pending home invasion case, and has spent time in jail. But investigators said the brutality of the killings — the victims were bashed with blunt objects — has left them puzzled about Sheley's motives.

They said they're not ruling out drug abuse as a possible factor, though Sheley had no drugs on him when he was captured.



O.J.: Anybody else wouldn't be going to court
Criminal Law Updates | 2008/06/27 17:02
O.J. Simpson says an ambitious Nevada prosecutor is pressing a kidnapping and armed robbery case against him that he says even the alleged victims don't want to pursue.

"If I was anybody else, I wouldn't be going to court," Simpson told a reporter for Fargo, N.D., radio station KFGO who interviewed him late Tuesday at a Fargo cigar bar. Simpson was vacationing in eastern North Dakota and northwestern Minnesota.

"How many trials have you ever heard of where both of the victims say they don't want this guy to go to jail, they don't want to go to court, and you still go to court?" Simpson asked. "It's only me.

"But unfortunately for me," Simpson said, "I got like a bull's eye on my front, dollar sign on my back, you get involved with people who want to be governor and stuff."

Clark County District Attorney David Roger declined comment.

Simpson's lawyer, Yale Galanter, said Thursday that Simpson was venting his frustration about facing trial Sept. 8 in Las Vegas on charges carrying the possibility of prison time.

"I think O.J.'s comments show how totally frustrated he is over this incident that involves family heirlooms that were stolen from him by some very nefarious characters," Galanter said.

Galanter also downplayed Simpson's comments about the prosecutor, saying that he had the "utmost respect" for Roger and another prosecutor in the case, Chris Owens.

"I have no reason to believe their motives in this case have been anything less than ethical and honorable," Galanter said.

Simpson and two co-defendants, Ehrlich and Clarence "C.J." Stewart, have pleaded not guilty to kidnapping, armed robbery and assault with a deadly weapon charges stemming from allegations they robbed two sports memorabilia dealers in a Las Vegas casino hotel room last September. Simpson has denied any guns were involved.

A kidnapping conviction carries the possibility of life in prison with the possibility of parole. An armed robbery conviction would mean mandatory prison time.



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