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Alabama Supreme Court schedules two executions
Lawyer Blog News | 2007/11/01 13:08
The Alabama Supreme Court has scheduled executions for death row inmates Thomas Douglas Arthur on Dec. 6 and James Harvey Callahan on Jan. 31, but a case before the U.S. Supreme Court could delay them. The state's highest court set the dates Wednesday after the attorney general's office sought schedules for the inmates to die. The executions would be the first in Alabama since the state Department of Corrections revised its lethal injection procedures. Bryan Stevenson, director of the Equal Justice Initiative of Alabama, said he was surprised by the execution orders because the U.S. Supreme Court stopped a Mississippi execution Tuesday night and gave its strongest indication yet that executions shouldn't proceed until the court hears a challenge to lethal injection procedures from Kentucky.

Stevenson, who represents Callahan, said he expects both Alabama execution dates to be called off.

"There is every indication these will be stayed. The question is by whom and when?" he said.

The U.S. Supreme Court has allowed only one execution to be carried out since it agreed to hear the Kentucky case. That execution occurred in Texas on Sept. 25, the same day the court agreed to take the Kentucky case.

Assistant Attorney General Clay Crenshaw said the U.S. Supreme Court has not ordered a halt to all executions.

"Hopefully the Supreme Court will allow these to go forward. You are talking about cases that have been litigated over 20 years," Crenshaw said.

Arthur had been scheduled to die Sept. 27, but Gov. Bob Riley delayed the execution temporarily to allow the state Department of Corrections to change its execution procedures. The new procedures provide more checks to make sure an inmate is unconscious before receiving drugs to stop the lungs and heart.

Arthur, 65, who has maintained his innocence, was sentenced to death for the Feb. 1, 1982 killing of Troy Wicker, 35, of Muscle Shoals. The victim's wife, Judy Wicker, testified she had sex with Arthur and paid him $10,000 to kill her husband, who was shot in the face as he lay in bed.

At the time of his arrest for the Wicker killing, Arthur was serving a sentence at a prison work release center for an earlier slaying.

Callahan, 60, was was convicted of the abduction and asphyxiation of Jacksonville State University student Rebecca Suzanne Howell, who disappeared from a Calhoun County washateria on Feb. 4, 1982.

Callahan and death row inmate Willie McNair have filed court suits challenging Alabama's legal injection procedures as unconstitutionally cruel. U.S. District Judge Keith Watkins has combined the two cases and tentatively scheduled them for trial the last week of November.



Court: Former Ill. Gov Must Go to Jail
Lawyer Blog News | 2007/11/01 11:10
Saying it is time for former Gov. George Ryan to start his prison sentence, a federal appeals court denied his request Wednesday to remain free while he challenges his conviction on corruption charges. Ryan and co-defendant Larry Warner, who have been free on bond since being convicted in April 2006, were ordered to start serving their federal prison sentences Nov. 7. "Although they undoubtedly would like to postpone the day of reckoning as long as they can, they have come to the end of the line as far as this court is concerned," Judge Diane P. Wood wrote in a five-page opinion from the 7th U.S. Circuit Court of Appeals.

Later Wednesday, Ryan's lawyers took his fading hopes to the U.S. Supreme Court, where they asked Justice John Paul Stevens to keep Ryan out of prison while he asks the full court to step in.

"No jury trial is perfect — to be sure. But perhaps no federal trial has ever been as deeply and fundamentally flawed as this one," Ryan's attorneys wrote, saying his corruption conviction stemmed from chaotic and unfair jury deliberations.

Ryan's chief defense counsel, former Gov. James R. Thompson, acknowledged that getting the Supreme Court to set bond would be unusual.

Ryan, 73, has been free on bail since he was convicted in 2006 of steering state contracts to friends, using tax dollars to run his campaigns and covering up drivers license bribery.

The verdict capped one of Illinois' biggest political scandals, bringing with it nine years of investigations and trials that wrecked Ryan's career and sent dozens of others to jail.

"The voluminous record here demonstrates that the appellants were guilty of the crimes with which they were charged," Wood wrote.

Ryan and Warner had sought a new trial based on chaotic jury deliberations at the end of the trial. Two jurors were dismissed and replaced with alternates after the jury had deliberated for eight days. One juror brought an outside legal document into the jury room as a persuasive tool in defiance of the trial judge's instructions.

The appeals court said Ryan and Warner had shown no "reasonable probability" that the U.S. Supreme Court would take their case or reverse their convictions.

Ryan's wife, Lura Lynn, said when reached by phone at the couple's Kankakee home that her husband was not available. "We had not heard this," she said. "I have no comment."

Warner's attorney, Edward Genson, was not immediately available for comment, his office said.

Ryan has been assigned to the federal correctional institution at Duluth, Minn., a minimum security camp. But he is trying to get his assignment switched to the correctional center at Oxford, Wis.

Warner has been assigned to a federal prison in Colorado.



Supreme Court stays execution of Mississippi man
Lawyer Blog News | 2007/10/31 14:45
The US Supreme Court late Tuesday halted the execution of a Mississippi prisoner just moments before he was set to die, officials from the state Department of Corrections said. Executions have been effectively placed on hold across the United States until the Supreme Court rules on whether lethal injections -- used in virtually all US executions -- are "cruel and unusual" punishment, as banned under the US constitution.

Earl Wesley Berry was set to be executed at 6 pm (2300 GMT Tuesday), but the procedure was halted when the Mississippi Department of Corrections received the ruling from the Supreme Court ordering a stay of execution at 5:41 pm (2241 GMT).

"Now that the United States Supreme Court has deemed the method of execution needs to be reviewed, the state (of Mississippi) will await the final order of the court," read a Department of Corrections statement.

"The agency will work within any newly established guidelines to ensure that executions are carried out in a constitutional manner."

The Supreme Court did not give reasons for the stay or say who voted for or against it, but an earlier Court statement said that two of the court's conservative justices, Antonin Scalia and Samuel Alito, opposed staying the execution.

Five votes of the seven top US justices must approve a stay of execution for it to be enacted.

Berry was on death row for killing a woman in 1987.



Judge Extends Microsoft Timeframe
Lawyer Blog News | 2007/10/31 10:47
 federal judge in Washington, D.C., has extended the timeframe for considering several states' arguments for five additional years of oversight of Microsoft Corp.'s competitive practices, and the software maker's arguments against that extension.

On Tuesday, U.S. District Judge Colleen Kollar-Kotelly also extended parts of the consent decree — part of the 2002 antitrust settlement, which is set to expire Nov. 12 — to no later than Jan. 31, 2008, to allow time to consider the arguments made by both sides.

Two separate groups of states filed motions last week asking Kollar-Kotelly to monitor Microsoft through 2012.

In one court filing, the states of New York, Maryland, Louisiana and Florida said they were concerned that the oversight may not have "enough traction to enhance long-term competition" among makers of computer operating systems.

Kollar-Kotelly gave Microsoft until Nov. 6 to oppose the motions, a week longer than the original deadline.

The judge gave the U.S. government a Nov. 9 deadline to submit an amicus brief, and said the states must file additional responses by Nov. 16. She also canceled a status hearing that was slated for Nov. 6.

The antitrust settlement reached among Microsoft, the federal government and 17 states barred the software maker from certain anticompetitive behaviors and sought to keep it from using its operating system monopoly to quash competition in other types of software.



Penn Hills woman pleads guilty in Duquesne shooting
Lawyer Blog News | 2007/10/31 08:51
A former Duquesne University student pleaded guilty Tuesday to charges that she helped her armed friends get into a school dance the night five basketball players were shot and wounded. Brittany Jones, 20, was sentenced Tuesday to two years of probation. A judge also ordered Jones to stay off the university's campus and away from anyone with a gun.

Jones' attorney, James Ecker, said his client could have been sentenced to years in prison if she had not reached a plea agreement.

"She's very happy, she's continuing going to church and she has a job," Ecker told The Associated Press. "She's very happy and her family's very happy."

Jones was the last of four defendants to plead guilty in the September 2006 shooting in which basketball players Sam Ashaolu, Shawn James, Kojo Mensah, Aaron Jackson and Stuard Baldonado were injured.

The gunman, William B. Holmes III, 19, was sentenced Friday to up to 40 years in prison. Another shooter, Derek Lee, 19, was sentenced Oct. 23 to up to 14 years in prison. The two shots fired by Lee did not hit anyone, authorities said.

Jones was a member of the group that sponsored the dance, and invited a group of friends, among them Holmes and Lee, to the on-campus party. She knew some of the men were armed and asked a doorman if people attending the dance were being frisked, which they were not, authorities said.

Another girl, Erica Sager, 19, who knew the two gunmen, flirted with the basketball players, sparking the fight between the two groups. Sager had pleaded no contest to a riot charge and was sentenced to probation.

Allegheny County Common Pleas Judge Lawrence O'Toole on Tuesday harshly criticized Jones for inviting the gunmen to the party. Jones burst into tears and apologized for her actions after O'Toole sarcastically told her she could have also chosen to hang out with gangsters Bonnie and Clyde if they were available.

Three of the players who were shot, James, Mensah and Jackson, have recovered and are expected to start this season. Ashaolu, who still has shrapnel lodged in his head, is back in school, but does not expect to return to the team until next season.

Baldonado has been suspended due to several arrests this year. It is unlikely he will to return to the university. In April, he sued Duquesne University, alleging it failed to provide adequate security at the dance.



Hexcel Pays US $15M for Defective Bullet-Proof Vests
Lawyer Blog News | 2007/10/30 19:03
Hexcel Corporation of Stamford, Conn., has agreed to pay the United States $15 million to resolve allegations it violated the False Claims Act in connection with its role in the manufacture and sale of defective Zylon bullet-proof vests to federal, state, local and tribal law enforcement agencies, the Justice Department announced today. As part of the agreement with the government, the manufacturer has pledged their cooperation in the government’s on-going investigation of other participants involved in the fraudulent conduct.

The United States alleges that Hexcel wove Zylon fiber supplied by Toyobo Corporation into ballistic fabric used in bullet-proof vests sold by Second Chance Body Armor; DHB Inc. and its subsidiaries, Point Blank Body Armor and Protective Apparel Corp. of America; Armor Holdings and its subsidiaries, American Body Armor and Safariland; and Gator Hawk Armor. These vests were purchased by the United States directly and by various state, local and tribal law enforcement agencies, who were reimbursed with federal funds.

The United States alleged that Hexcel knew the Zylon manufactured by Toyobo was defective and degraded quickly when exposed to heat, light, and humidity. Additionally, the government alleged the company knew Toyobo provided Hexcel with “Red Thread” Zylon, which was weaker than standard Zylon.

“These defective vests were worn by federal officers, who side by side with the Department of Justice, enforce the laws of this nation, and by state, local and tribal officers, who are on the streets every day, contributing to a safer America,” said Peter D. Keisler, Assistant Attorney General for the Civil Division and Acting Attorney General. “We will never tolerate fraud that places our first responders at risk.”

In July 2005, the Justice Department filed a complaint against Second Chance Body Armor and the Toyobo Company, seeking to recover damages relating to the sale of defective Zylon bulletproof vests to the United States. In June of this year, the government filed a lawsuit against Toyobo Co. Ltd. of Japan and its American subsidiary, Toyobo America Inc., for their roles in the manufacture and sale of defective Zylon bullet-proof vests to U.S., state, local and tribal law enforcement agencies.


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