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Indonesia court sentences cleric behind attacks to death
Lawyer Blog News | 2018/06/20 10:26
Radical cleric Aman Abdurrahman was sentenced to death by an Indonesian court Friday for ordering Islamic State group-affiliated militants to carry out attacks including the January 2016 suicide bombing at a Starbucks in Jakarta.

Abdurrahman, who police and prosecutors say is a key ideologue for IS militants in the world's largest Muslim nation, kneeled and kissed the floor as the panel of five judges announced the sentence while counterterrorism officers guarding him uttered "praise be to God."

Several hundred paramilitary and counterterrorism police secured the Jakarta court where the trial took place. Fears of attacks have been elevated in Indonesia after suicide bombings in the country's second-largest city, Surabaya, last month that were carried out by families including their young children. Police say the leader of those bombers was part of the network of militants inspired by Abdurrahman.

During the trial, prosecutors said Abdurrahman's instructions from prison, where he was serving a terrorism-related sentence, resulted in several attacks in Indonesia in 2016 and 2017.

They included the Starbucks attack in the capital that killed four civilians and four militants, an attack on a bus terminal in Jakarta that killed three police officers and an attack on a church in Kalimantan that killed a 2-year-old girl. Several other children suffered serious burns from the Kalimantan attack.

The defendant's "speeches, teachings and instructions have inspired his group and followers to commit criminal acts of terrorism in Indonesia," said presiding Judge Ahmad Zaini.

The court said there was no reason for leniency. It gave defense lawyers seven days to consider lodging an appeal.

Abdurrahman has refused to recognize the authority of the court, part of his rejection of secular government in Indonesia and desire to replace it with Shariah law.



Man run down, 50 years after killing girl in hit-and-run
Lawyer Blog News | 2018/06/04 02:25
A Vietnam War veteran who confessed five years ago to killing a 4-year-old girl in a 1968 hit-and-run was trying to protect children when a woman drove her car onto a baseball field in Maine during a game, striking and killing him.

Screaming bystanders and ballplayers fled as Carol Sharrow, of Sanford, Maine, drove through an open gate onto the field Friday night, police said. Video shows the car driving around the infield, turning over home plate and then heading toward the stands behind third base.

Douglas Parkhurst, of West Newfield, was near the park's main gate before he was hit and Sharrow sped away, police said. Parkhurst died on the way to the hospital and no one else was hurt.

"It was awful," said Sanford resident, Karyn Bean, who said she saw Parkhurst being struck. "A car driving through the gate hitting a man who was pushing kids out of the way, then her driving up the road easily doing 50 to 60 miles per hour past us.

"It felt awful because we couldn't do anything."

Sharrow was scheduled to appear in court later Monday to face a manslaughter charge. She was to have an attorney appointed to represent her then.

Sharrow has two previous drunken driving convictions in Maine and New Hampshire, according to Sanford police Det. Sgt. Matthew Jones. Authorities have declined to say whether alcohol was involved on Friday.

Parkhurst was never charged in the hit-and-run death that killed Carolee Ashby on Halloween night in 1968. The statute of limitations had long run out when Parkhurst walked into a police station in 2013 and confessed after two interviews with investigators.

In his four-page confession obtained by the Syracuse Post-Standard during its reporting about the case, Parkhurst said he and his brother had been drinking before he hit the girl. He said his brother was passed out in the back seat.


Dutch court says time ripe for law to recognize 3rd gender
Lawyer Blog News | 2018/05/02 02:28
A court in the Netherlands says that lawmakers should recognize a neutral, third gender, in a groundbreaking ruling for a person who does not identify as male or female.

The court in the southern city of Roermond said Monday that the person's gender could not be definitively determined at birth. The person was registered as male but later had treatment to become a woman and successfully applied to have her gender officially changed to female.

However the applicant later sought to be listed as a "third gender" — neither male nor female.

The court said in a statement that "the time is ripe for recognition of a third gender," adding that "it is now up to lawmakers."

Transgender activists hailed the ruling as a revolutionary step in Dutch law.



Trump travel ban is focus of Supreme Court's last arguments
Lawyer Blog News | 2018/04/25 17:24
President Donald Trump's ban on travelers from several mostly Muslim countries is the topic of arguments Wednesday at the Supreme Court, with a Trump administration lawyer facing questions during the first half of arguments.

The travel ban case is the last case the justices will hear until October.

A little over 20 minutes into arguments, Justice Anthony Kennedy asked Solicitor General Noel Francisco, who was defending the ban, whether statements Trump made during the presidential campaign should be considered in evaluating the administration's ban. Francisco told the justices that they shouldn't look at Trump's campaign statements, which included a pledge to shut down Muslim entry into the U.S.

But Kennedy, whose vote is pivotal in cases that divide the court along ideological lines and whose vote the administration will almost certainly need to win, pressed Francisco on that point. Speaking of a hypothetical "local candidate," he asked if what was said during the candidate's campaign was irrelevant if on "day two" of his administration the candidate acted on those statements.

The Trump administration is asking the court to reverse lower court rulings striking down the ban. The policy has been fully in effect since December, but this is the first time the justices are considering whether it violates immigration law or the Constitution.

The court will consider whether the president can indefinitely keep people out of the country based on nationality. It will also look at whether the policy is aimed at excluding Muslims from the United States.

People have been waiting in line for a seat for days, and on Wednesday morning opponents of the ban demonstrated outside the court holding signs that read "No Muslim Ban. Ever." and "Refugees Welcome," among other things. In another sign of heightened public interest, the court is taking the rare step of making an audio recording of the proceedings available just hours after the arguments end. The last time the court did that was the gay marriage arguments in 2015.


Judge fights for job after admitting to courthouse affair
Lawyer Blog News | 2018/04/21 00:29
Massachusetts' highest court will decide the fate of a judge who admitted to having an affair with a clinical social worker that included sexual encounters at the courthouse.

The Commission on Judicial Conduct is asking for Judge Thomas Estes to be suspended indefinitely without pay to give lawmakers time to decide whether to remove him from the bench for his relationship with Tammy Cagle, who worked in the special drug court where Estes sat before she was reassigned last year.

If the Supreme Judicial Court agrees, it will be the first time in three decades it has taken such action against a judge for misconduct. The case comes amid the #MeToo movement that sparked a national reckoning over sexual misconduct in the workplace.

"This case couldn't come at a worse time for Judge Estes," said Martin Healy, chief legal counsel of the Massachusetts Bar Association.

The Supreme Judicial Court will consider Estes' case Tuesday. Cagle has accused Estes, who's married and has two teenage sons, of pressuring her into performing oral sex on him in his chambers and her home. Then after she tried to end the relationship, she asserts he treated her coldly and pushed her out of the drug court.



Inmate in landmark Supreme Court case denied parole
Lawyer Blog News | 2018/02/20 07:03
A 71-year-old Louisiana inmate whose case led to a landmark U.S. Supreme Court decision on juvenile-offender sentences was denied parole Monday, more than a half-century after he killed a sheriff's deputy at age 17.

A three-member panel from the state parole board voted 2 to 1 to keep Henry Montgomery imprisoned. The hearing was his first chance at freedom since his conviction decades ago and a vote to free him would have had to be unanimous. Montgomery now must wait another two years before he can request another parole hearing.

The Supreme Court's January 2016 decision in Montgomery's case opened the door for roughly 2,000 other juvenile offenders to argue for their release after receiving mandatory life-without-parole sentences.

Montgomery has served 54 years in prison for shooting East Baton Rouge Parish sheriff's deputy Charles Hurt in 1963, less than two weeks after Montgomery's 17th birthday. Last June, a state judge who resentenced Montgomery to life with the possibility of parole called him a "model prisoner" who seemed to be rehabilitated.

Montgomery's lawyers said he has sought to be a positive role model for other prisoners, serving as a coach and trainer for a boxing team he helped form at Louisiana State Penitentiary at Angola.

But the two parole board members who voted against Montgomery questioned why he hadn't accessed more prison programs and services that could have benefited him. One of the panelists, Kenneth Loftin, also said he was disappointed in some of Montgomery's statements during the hearing but didn't elaborate.

James Kuhn, the other board member who voted against Montgomery, noted that the Louisiana Sheriffs' Association submitted a statement opposing his release.

"One of the things that society demands, and police officers certainly demand, is that everyone abide by the rule of law. One of the rules of law is you don't kill somebody, and when you do there's consequences," Kuhn said.



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