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Police Seek Suspect in New York Trooper’s Death
Lawyer Blog News | 2007/04/27 08:41

Authorities recovered a body from an upstate New York farmhouse that burned down after police surrounded it in search of a man suspected of killing a state trooper and wounding two others, a state police spokesman said Wednesday.

"At this time, we have recovered a charred body from the house, but we can't confirm who it is yet," said Lt. Galletto, who did not give his first name.

Officials had a "reasonable degree of certainty" that Travis Trim, 23, was inside the building during the fire, New York State Police Acting Superintendent Preston Felton said earlier.

The cause of the fire was unknown, but Felton said authorities fired several canisters of tear gas into the building shortly before the fire broke out at 6 p.m.

"We're not saying it can absolutely not cause a fire, but it's not constructed to cause a fire," he said of the gas.

Earlier Wednesday, Troopers David C. Brinkerhoff and Richard Mattson were shot while searching the farmhouse for Trim, Felton said, according to The Associated Press.

"They had a good 20 shots going back and forth," witness Chan Squires told the AP. "You could hear them ringing out."

Authorities said Brinkerhoff died in the shooting.

"One of our best has fallen and another has been seriously wounded in the line of duty," Gov. Eliot Spitzer said in a statement Wednesday.

The officers were pursuing Trim after he allegedly shot Trooper Matthew Gombosi on Tuesday when he was stopped for a minor traffic violation near Margaretville. Gombosi was not seriously injured because he was wearing body armor, police said.

"The silence that is in this town right now it's eerie, and our hearts go out to the troopers who are doing what they do to protect us. It is devastating," one resident said.

"Today, the New York State Police and the state of New York suffered a tremendous loss," the governor's statement said.

He asked "all New Yorkers to keep the State Police in their thoughts and prayers during this harrowing time."



House Passes Bill Requiring an Iraq Pullout
Lawyer Blog News | 2007/04/26 07:21

President George Bush and the Democratic party-controlled US house of representatives are headed for a collision with the latter passing a war spending bill requiring Americans troop to begin withdrawal in October. Bush has already threatened to veto the $124 billion bill that was passed by 218 to 208 votes on Wednesday night. The passage of the bill is the clearest signal yet since the invasion of Iraq four years ago that the Democrats are no longer willing to give Bush a wide berth. The US senate is expected to pass a similar legislation on Thursday.

Once it is passed by the senate as well, the bill will be sent to the president to be signed into a law, something which he is not going to do. He has steadfastly rejected any specific timetable for withdrawal, arguing that is a military decision and ought to be taken by the commanders on the ground.

While a majority of Democrats called the bill an essential step to end the debacle in Iraq, members of the Republican party called it a recipe for defeat as well as an invitation to radical Islam. The Democrats are counting on widespread disenchantment with the war in Iraq in the run-up to the 2008 presidential election.

There is increasing perception that unencumbered by his own political fortune since this is his last term, Bush will maintain his unyielding position on what is arguably his single biggest failure.

The bill makes the war funding conditional on the Bush administration accepting a specific timetable to pull out of an Iraq devastated by a Shia-Sunni civil war. In a sense it is the strongest assertion in the last four years by the Democrats of their complete disagreement with the war for which most of them voted in the first place.

With the 2008 presidential election barely two years away, the Democrats appear determined to hammer home their message against the war even while carefully balancing that with the demand of the military. Hence passing the war-spending bill, albeit with a timeframe, is their way of saying they support the military but not the administration that wants to expose them to mortal dangers in Iraq for an indefinite period.

All parties in Iraq have been watching the political wrangling in the US with a great deal of interest. A large number of Iraqis, both Shia and Sunni, might see an opportunity in an early US troop withdrawal to reiterate their own supremacy.

Of course, being a minority population of less than 40 per cent and with their strongest symbol in Saddam Hussein out of the picture now, the Sunnis have a very difficult future ahead.

The Shias, who constitute some 60 per cent of Iraq's population, are demanding their fair share after being oppressed by the Hussein regime for some three decades. Both have a direct interest in when and if the US withdraws its forces.



N. Dakota legislature approves conditional abortion ban
Lawyer Blog News | 2007/04/26 07:20

The North Dakota Legislative Assembly passed a bill Monday prohibiting abortion in the state if the US Supreme Court ever declares that such a move would be constitutional. The measure, which Governor John Hoeven is expected to sign, passed the state House 68-24 and the Senate 29-16. In the event that the US Supreme Court overturns the 1973 Roe v. Wade decision, the bill would subject anyone performing an abortion to a prison sentence of up to 5 years, a $5,000 fine, or possibly both. An exception would be made in cases of rape, incest, or where the life of the mother was in danger.

North Dakota has become the second state to pass this type of abortion law; Mississippi approved a similar measure last month. Senate Majority Leader Bob Stenehjem denied that the North Dakota bill was influenced by last week's Supreme Court decision upholding a federal 'partial birth' abortion ban.



Supreme Court hears campaign finance law arguments
Lawyer Blog News | 2007/04/26 07:18
The US Supreme Court heard oral arguments Wednesday in the consolidated case of Federal Election Commission v. Wisconsin Right to Life, 06-969, and McCain v. Wisconsin Right to Life, 06-970, in which the Court must decide whether the restrictions on pre-election issue ads imposed by the McCain-Feingold campaign finance law unfairly restrict freedom of speech. Under the law, interest groups cannot run corporate-sponsored radio or TV advertisements that mention a candidate's name within 30 days of a primary or 60 days of a general election. In 2004, anti-abortion group Wisconsin Right to Life was prevented from running ads urging people to ask state Senator Russ Feingold not to filibuster President Bush's judicial nominees, because Feingold was up for re-election that year. Wisconsin Right to Life argues it was not trying to influence an election, but was merely trying to rally support on an unrelated issue. The Federal Election Commission and a group of lawmakers led by Senator John McCain argued in favor of the law, saying that such issue ads can still influence voters. Justices John Roberts and Samuel Alito appeared skeptical of the law, noting that many interest groups have said that the restrictions are impractical. The court is expected to rule this summer.


Fla. business co-owners plead guilty in steroid probe
Lawyer Blog News | 2007/04/26 03:35

Two owners of a Florida business that prospected for steroid customers on the Internet, producing about $5 million in annual revenue, pleaded guilty Wednesday to drug charges in a New York court.

Greg Trotta, 38, and Brian Schafler, 34, both of Delray Beach, Fla., agreed to testify against others in the multistate investigation by Albany County prosecutors in return for sentences of five years' probation. Each pleaded guilty to felony third-degree diversion of prescription medications and prescriptions, admitting they helped get drugs in 2006 for customers in upstate New York who had no medical need for them.

"I would actually put the order in," Schafler said in court.

He said he talked with customers, then had them talk by phone with Dr. Gary Brandwein, another owner of MedXLife.com, who signed and sent prescriptions, which were filled by Signature Pharmacy of Orlando.

"They paid for hits on Yahoo and other search engines," Assistant District Attorney Christopher Baynes said. Internet users who searched the word "steroids" would pull up MedXLife's Web site ahead of others, he said.

In business for about three years, the company was selling steroids, human growth hormone and testosterone, and it was the second biggest producer for Signature, Baynes said.

"They did $5 million dollars a year in business," he said.

The Web site says MedXLife is currently unable to complete patient orders, not taking new patients or refilling prescriptions.

In New York, it is illegal for a doctor to prescribe drugs without examining the patient in person, and illegal for a pharmacy to dispense prescription drugs without a valid prescription. Both Trotta and Schafler said Brandwein didn't see the patients.

Brandwein of Boca Raton, Fla., a 44-year-old osteopath, has pleaded not guilty to six counts in Albany County Court related to the criminal sale of a controlled substance. Four owners and employees of Signature, which is at the center of the investigation, also have pleaded not guilty to multiple charges.

Charges are pending against seven others. Five other people from Texas, Florida and New York, including two former physicians, have pleaded guilty.

Trotta and Schafler agreed to forfeit $10,000 each. District Attorney P. David Soares said that restitution will exceed the investigation's expenses so far.

Prosecutors say they targeted distributors, not customers, who reportedly included several professional athletes.



NY Civil Rights Lawyer Lynne Stewart Is Disbarred
Lawyer Blog News | 2007/04/25 13:16

Convicted civil rights lawyer Lynne Stewart was disbarred from the New York Bar after her request to voluntarily resign from practicing law was rejected. Stewart was convicted in 2005 of conspiracy and providing material support to terrorists for helping imprisoned Sheikh Omar Abdel-Rahman communicate with his terrorist followers.

Stewart was also convicted of defrauding the government for violating rules that had been put in place to prevent Abdel-Rahman from communicating with the outside world following his 1995 conviction of seditious conspiracy for plotting to blow up several New York city landmarks. She was sentenced to 28 months in prison in October 2006.

Stewart has insisted that she "is not a traitor" and has said that she was only advocating for her client. She remains free pending appeal of her conviction.



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