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2 plead guilty of plotting to engage in terrorism
Lawyer Blog News | 2007/12/16 09:27
Two men accused of plotting behind prison walls to launch jihad-style attacks on military sites, synagogues and other targets in 2005 pleaded guilty Friday to conspiring to levy war against the United States.

Kevin James, 31, and Levar Haley Washington, 28, entered their pleas in separate appearances before U.S. District Court Judge Cormac J. Carney. Washington also pleaded guilty to using a firearm to further the conspiracy. Prosecutors said he used a shotgun to rob a Torrance gas station on July 4, 2005.

James faces up to 20 years in prison when he is sentenced March 31. Washington faces up to 20 years in prison on the conspiracy charge and five years to life for the firearms offense when he is sentenced April 28.

Authorities say James, Washington and two others were part of a California prison gang cell of radical Muslims that planned the attacks in the Los Angeles area.

"Homegrown terrorism remains a grave concern to the security of our country, and this cell was closer to going operational at the time than anyone since 9/11," Los Angeles Deputy Police Chief Michael Downing told reporters at a news conference after the two men entered their pleas.

Police uncovered the plot in July 2005 while investigating a string of gas station robberies that authorities say were committed to finance the attacks. Torrance Police Chief John Neu told reporters at the news conference that authorities linked about 10 holdups to the plot.

The plotters were within weeks of being able to carry out an attack, officials said, when they were discovered about two months before the Jewish holiday Yom Kippur.

Washington and James, who arrived in court in chains and prison jumpsuits, said little during their separate hearings. Both men wore goatees and Washington's face was covered in tattoos.

Washington's attorney, Ellen Barry, said outside court that her client decided it was "in his best interests" to plead guilty. James' attorney, Robert Carlin, declined to comment.

Also indicted in the case were Gregory Vernon Patterson and Hammad Riaz Samana. All but Samana, a Pakistani national, are American-born Muslim converts.

Patterson and Samana are charged with conspiracy to levy war against the U.S. government through terrorism, conspiracy to possess and discharge firearms in a violent crime, conspiracy to kill members of the U.S. government uniformed services and conspiracy to kill foreign officials. Patterson is also charged with a robbery count and using a firearm in a violent crime.

U.S. Attorney Thomas O'Brien said Samana has been declared mentally unfit to stand trial and is undergoing psychiatric care at a federal prison facility. Patterson is expected to plead guilty to a terrorism conspiracy charge on Monday.

Prosecutors say the plot was orchestrated by Washington, Patterson and Samana at the behest of James, a California State Prison, Sacramento, inmate who founded the radical group Jamiyyat Ul-Islam Is-Saheeh, or JIS.



Guilty Pleas in Fake N.Y. College Grades
Lawyer Blog News | 2007/12/14 15:42
Two former college students avoided jail when they pleaded guilty Thursday to a charge related to paying school officials to falsify their grades and transcripts. Uzi Azizov, 22, and Boris Yakubov, 25, pleaded guilty to a misdemeanor state charge of falsifying business records. Each was sentenced to seven days of community service and fined $1,000.

The two former Touro College undergraduates were among 10 people indicted by a grand jury in July in a scheme to use the city college's computer system to change grades and create fake degrees in exchange for money.

Azizov admitted during his plea that in January he paid a Touro official to change his grades. Prosecutors said when Azizov was arrested his grade point average had jumped to 3.63 from 1.23 because of the transcript changes.

Yakubov admitted he paid a college official in February to falsify his records. Prosecutors said when Yakubov was arrested that he bought a fake transcript showing he had earned a master's degree from Touro's Graduate School of Education and Psychology.

District Attorney Robert Morgenthau said in announcing the indictments that the defendants included Touro's former director of admissions, the former director of the school's computer center and three public school teachers.

The indicted school officials created or altered records for at least 50 people since January 2007, Morgenthau said, charging fees of $3,000 to $25,000 for better or deleted grades and for bachelor's and master's degrees. Cases involving those defendants are pending.

Lawyers for Azizov and Yakubov said that they had no comment as they left court Thursday.



US secret court rejects call to release wiretap documents
Lawyer Blog News | 2007/12/14 12:30
The top secret US court overseeing electronic surveillance programs rejected Tuesday a petition to release documents on the legal status of the government's "war-on-terror" wiretap operations.

In only the third time the Foreign Intelligence Surveillance Court (FISC) has publicly released a ruling, it turned back a request to reveal documents that would shed light on the government's program to spy on the communications of terror suspects without first obtaining warrants.

FISC's ruling argued that its role as a unique court dealing with national security issues necessarily meant its case documents and decisions would be classified, and that US constitutional provisions did not require it to release case materials.

It also said that even first deleting sensitive material from the papers sought by the American Civil Liberties Union -- secret documents related to the legality of the surveillance programs -- risked accidentally damaging the country's security.

"That possibility itself may be a price too high to pay," the court said in rejecting the ACLU request.

Jameel Jaffer, director of the ACLU National Security Project, called the decision disappointing.

"A federal court's interpretation of federal law should not be kept secret from the American public," Jaffer said.

"The Bush administration is seeking expanded surveillance powers from Congress because of the rulings issued by the Foreign Intelligence Surveillance Court earlier this year. Under this decision, those rulings may remain secret forever."

In August the ACLU sought access to FISC rulings and orders made earlier this year that were cited in a new law, the Protect America Act, which expanded the government's powers to spy on the international communications of US citizens without first seeking a warrant.

The civil liberties advocates argued that the public had a right to know the content of those rulings and orders as they were used by the government to widen the parameters of its surveillance powers.

In the decision signed by FISC judge John Bates, the court said that, even if the court first removed justifiably secret materials to oblige the ACLU request, it still "might err by releasing information that in fact should remain classified (and) damage to national security would result."



Law Firm Whistle Blower Files Termination Lawsuit
Lawyer Blog News | 2007/12/14 09:46
The woman who blew the whistle on a prominent Portland lawyer accused of stealing money from his clients and firm said she was fired from the firm as a result of her actions.

Ellie Rommel was employed as John Duncan’s secretary when he was a partner at the law firm of Verrill Dana. She said she reported what she thought was questionable behavior by Duncan.

Duncan has since been fired from the firm after nearly 30 years.

Rommel told News 8 that she struggled over whether she should tell others what she knew.

"If I had to do it again, I know I would do it,” she said. “But I never dreamt it would be so difficult, so painful."

According to Rommel, she was wrongfully terminated at Verrill Dana after blowing the whistle on Duncan. She said she now plans to file a lawsuit against the firm.

Her attorney also is filing a complaint with the Maine Human Rights Commission.

A representative of Verrill Dana told News 8 that the firm appreciates Rommel “for bringing the situation to their attention” but added that the facts clearly show that Rommel was not fired.



N.J. General Assembly Votes to Repeal Death Penalty
Lawyer Blog News | 2007/12/13 18:40
New Jersey is set to become the first state to legislatively abolish the death penalty since the Supreme Court restored it in the mid-1970s. Opponents of capital punishment hope the state's action may prompt a rethinking of the moral and practical implications of the practice in other states.

New Jersey's Democratic-controlled General Assembly voted 44 to 36 to repeal the death penalty and replace it with life in prison without parole. The action followed a similar vote by the Senate on Monday. Gov. Jon S. Corzine, a Democrat and a death penalty opponent, has said he would sign the legislation.

The repeal bill follows the recommendation of a state commission that reported in January that the death penalty "is inconsistent with evolving standards of decency." But equally persuasive to lawmakers was not saving lives but money -- it costs more to keep a prisoner indefinitely on death row than incarcerated for life.

In some states, governors have blocked executions or state supreme courts have declared effective moratoriums. Several states legislatures -- including in Maryland, Montana, New Mexico and Nebraska -- have debated bills this year to abolish capital punishment, but none so far has succeeded. Only in 2000, in New Hampshire, did the state legislature vote to repeal capital punishment, but the bill was vetoed by then-Gov.Jeanne Shaheen (D).

The U.S. Supreme Court has effectively declared a moratorium on executions since it decided to take up in this term the question of whether lethal injection constitutes cruel and unusual punishment. In recent decisions, the high court has narrowed the use of capital punishment, ruling that it is unconstitutional to execute the mentally retarded or those who committed crimes as juveniles.

The repeal movement in New Jersey gained ground this year despite solid public support in the state for capital punishment, and over the objections of death penalty supporters who accused lawmakers of rushing the issue through a lame duck session before a new legislature is installed next year.

"It's a rush to judgment" said Robert Blecker, a New York Law School professor and prominent death penalty advocate.

Richard Dieter, executive director of the Death Penalty Information Center in Washington, hailed the New Jersey vote as "a first. But it is coming at a time when there is a reexamination of the death penalty going on." Dieter added, "It does give other legislatures the chance to say, is this working in our state?"

The repeal comes despite the pleas of some high profile victims, such as Richard and Maureen Kanka, whose 7-year-old daughter, Megan, was killed by a repeat sex offender, Jesse K. Timmendequas, who is currently on New Jersey's death row. Megan Kanka's brutal 1994 killing gave rise to "Megan's law," requiring public notification when a convicted sex offender moves into a neighborhood.

Public opinion across the United States still remains solidly in favor of capital punishment, with 62 percent supporting the death penalty for murderers and 32 percent opposed, according to January polling figures by the Pew Research Center in Washington. And in New Jersey, the most recent poll this week released by Quinnipiac University Polling Institute showed that New Jersey residents opposed abolishing the death penalty 53 percent to 39 percent.

Where there is a discernable shift underway -- and what has partly driven the repeal in New Jersey -- is when residents are offered an alternative: the death penalty, or life in prison without parole. Given the choice, New Jersey residents backed life without parole over the death penalty by a nearly identical 52 percent to 39 percent margin.

"We have polls going back 10 years showing New Jerseyans favor the death penalty by about a 10percent margin," said Clay F. Richards, the Quinnipiac institute's assistant director. "The presence of life without parole changes the picture entirely."

"People want justice, not revenge," Richards said. He said when the concept of a life penalty without parole was first introduced some years ago, "people didn't trust it, because they saw so many murderers being paroled."

Besides the new possibility of prisons keeping murderers behind bars for life, repeal advocates also note that advances in DNA evidence has gotten scores of convicted murderers released from death row. And there were botched executions in Florida and Ohio. There has been debate lively in a slew of academic studies about the death penalty's effectiveness as a deterrent to crime. And politicians in some Northeastern states, such as New York and New Jersey, have found that there was no longer much of a political price to pay at the ballot box by being staunchly anti-death penalty.

In New Jersey, an added rationale for death penalty opponents was the simplest: It wasn't being used.

The state's last execution was in 1963. New Jersey reinstated the death penalty in 1982, following the Supreme Court's landmark 1976 ruling that allowed states to carry it out. But since then, the only inmate ever killed on New Jersey's death row was Robert "Mudman" Simon, a white supremacist and murderer who was stomped to death by another death row prisoner, Ambrose Harris, who is facing a death sentence for the 1992 rape and murder of a New Jersey artist.

The eight prisoners now languishing on New Jersey's death row are straight from the headlines of some of the state's most sensational crimes of the 1990s. Besides Harris, there is John Martini, who kidnapped local businessman Irving Flax from his home and shot him three times in the back of the head after receiving $25,000 in ransom money. There is Brian Wakefeld who forced his way into the Atlantic City home of retiree Richard Hazard and his wife Shirley, beat and stabbed them both and set their bodies on fire before going on a spending spree for compact discs, liquor and jewelry with the couple's stolen credit cards.

Flax's widow Marilyn, and the Hazard's daughter, Sharon Hazard-Johnson, testified against the repeal before the study commission, urging that the death penalty actually be implemented.

"What I would like this commission to do is not change the law, but enforce the law," Marilyn Flax told the commission.

In the end, the most compelling case for New Jersey lawmakers was the economic one. Keeping inmates on death row costs the state $72,602 per year for each prisoner. Inmates kept in the general population cost just $40,121 per year each to house.



Barry Bonds Ready for Legal Battle
Lawyer Blog News | 2007/12/12 19:30
 For former San Francisco Giants superstar Barry Bonds, a man accustomed to controlling his own agenda and fortunes, life is now in the hands of his flotilla of lawyers.

A seemingly calm Bonds appeared in a San Francisco federal courtroom Friday, pleading not guilty to five felony charges of lying to a federal grand jury about using steroids at the zenith of his career. Major League Baseball's all-time home run leader, who came and went from the federal building without a peep to the media mob, is now unlikely to return there for months. His case, celebrity in nature or not, will grind slowly through the justice system like hundreds of felony cases on the local docket.

Bonds may have been silent, but he is giving every sign that he is ready for a pitched battle with the federal government. He is charged with four counts of perjury and one count of obstructing justice in connection with his December 2003 testimony to a federal grand jury probing the Balco steroids scandal.

The 43-year-old Bonds, dressed in a snazzy dark suit and striped blue tie, appeared in court with a newly assembled powerhouse defense team, led by Silicon Valley star lawyer Allen Ruby and East Bay defense specialist Cristina Arguedas. Ruby said immediately he expects to move to dismiss the indictment because it contained legal, technical flaws he did not specify.

Outside court, Ruby also told reporters that his client is prepared to go to trial. Doing so would force the strapping left fielder to directly address allegations that he used performance-enhancing drugs as he mounted his assault on baseball's home run record.

Bonds was equally defiant on his personal Web site, where he predicted he'll be "vindicated" of the charges, which could bring him one to three years in federal prison if convicted.

With legal wrangling a foregone conclusion, a trial is unlikely to take place before the next baseball season begins - and it may be doubtful before the World Series.

World-class cyclist Tammy Thomas, indicted on allegations of perjury in the Balco case, was charged nearly a year ago - and her case still awaits trial. Thomas was among a host of athletes, from baseball to track to football, caught up in the Balco probe, which exposed a Peninsula laboratory's link to the distribution of steroids in sports.

Meanwhile, Bonds' return to the same federal building where he testified in the Balco case four years ago lasted only about a half hour and demonstrated how much attention his legal troubles will attract. He arrived at about 8:30 a.m., making his way through a sea of television cameras into the courthouse, where he was escorted to a 19th floor private attorney conference room.

Outside court, a modest group of supporters, as well as a peculiar mix of other demonstrators, gathered. Only three Bonds supporters in their black and orange Giants gear bothered to get passes for the courtroom to show their support.

Rich Archuleta, 43, a lifelong Giants fan who drove 150 miles from his home near Sacramento, called the government's case a "witch hunt."

Perhaps the oddest spectacle was a pair of women representing People for the Ethical Treatment of Animals, who used the media attention to get some of their own.

Clad in bikinis made of rhinestone-studded lettuce cups, they handed out tofu sandwiches. "If people are concerned with athletes pumping themselves with growth hormones, they should consider that the meat industry is doing the same thing every day to animals," said Nicole Matthews, a PETA staff member shivering in the chilly morning air.

The legal spectacle was more somber. Flanked by his wife, Liz, Bonds entered the courtroom with an entourage of six lawyers, striding past his nemesis, IRS agent Jeff Novitsky, the lead investigator in the Balco case. As U.S. Magistrate Judge Maria Elena-James outlined the procedures, Bonds stood at the lectern, at one point fumbling with the microphone. He said little - Ruby entered the 'not guilty" plea for him.

Inside the courtroom, James rejected the government's bid to restrict Bonds from leaving the United States to travel after Ruby argued that such a restriction could hinder Bonds' ability to resume his baseball career.

U.S. District Judge Susan Illston, who has presided over the entire Balco affair, then took over from James, setting the next routine court date for Feb. 7.

The lead prosecutor in the case, Assistant U.S. Attorney Matthew Parrella, said the government may raise questions about whether some of Bonds' lawyers could have a conflict of interest. Parrella didn't specify, but Arguedas has represented six athletes who have appeared before the Balco grand jury. Bonds' defense lawyers said they do not expect the issue to present serious problems.

Bonds left the courthouse again without speaking to reporters, but stopped to hug his aging aunt, Rosie Bonds Kreidler, who was waiting for him in the lobby. They chatted for a few moments, Bonds flashed a smile, and he disappeared from the building into an awaiting sport-utility vehicle.

Bonds just finalized his defense team this week, after searching for a top-flight defense lawyer to replace Michael Rains, an East Bay lawyer who has represented Bonds since the early stages of the Balco investigation, but has little federal criminal trial experience. Rains was relegated to a bit part Friday.

Ruby, considered Silicon Valley's leading trial lawyer, appeared to take on the lead role for Bonds. Ruby has handled high-profile cases for decades, most recently getting San Jose Mayor Ron Gonzales off the hook on public corruption charges related to the Norcal garbage scandal. Arguedas has a blue-chip list of clients. Bonds also added San Francisco attorney Dennis Riordan to his team.

Riordan has handled blockbuster cases ranging from the Phil Spector murder trial to the infamous San Francisco dog mauling trial. And, in a sign that there will be plenty of legal wrangling before and after the trial, he specializes in crafting legal motions and handling appeals.

Bonds is accused of lying to federal prosecutors in four separate exchanges when he testified before the grand jury investigating Balco. That probe has produced a number of indictments.

Prosecutors spent several years on the investigation into whether Bonds perjured himself before the grand jury, delayed in part by the refusal of Bonds' friend and personal trainer Greg Anderson to testify. Anderson spent the better part of a year in federal prison after a judge found him in contempt.

Anderson, who pleaded guilty in the original Balco case and is suspected of supplying Bonds and other athletes with steroids, could be called again to testify if Bonds goes to trial. Anderson's lawyers insist he'll never testify against Bonds.

Perjury cases are notoriously hard to prove, and likely witnesses include Bonds' former girlfriend, Kimberly Bell; his former doctor; and other athletes implicated in the Balco scandal. The indictment also revealed for the first time that prosecutors obtained evidence that Bonds tested positive for steroids in a 2000 drug test.


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