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Feds: Ruling led to dismissal against Westar execs
Legal Career News | 2010/08/24 15:57

A recent U.S. Supreme Court ruling requiring proof of kickbacks or bribes in prosecutions involving the theft of so-called honest services left prosecutors with "little choice" but to dismiss charges against two former Westar Energy executives, the U.S. attorney's office said Monday.

"The law no longer supported our position," U.S. Attorney Barry Grissom said in a statement. "We were duty-bound not to go forward with the prosecution."

Former Westar Chief Executive David Wittig and his top strategy officer, Douglas Lake, were charged in 2003 with conspiring to inflate their compensation from the Topeka-based utility and taking steps to hide their actions.

U.S. District Judge Julie Robinson dismissed all charges against them Friday at the request of federal prosecutors.

That prompted Jim Ludwig, Westar Energy's executive vice president, to issue a statement saying the company disagreed with the Justice Department's decision and planned to pursue civil claims in an arbitration proceeding that had been put on hold pending the criminal case. He noted investors, who had borne the damages and expenses, had not received any restitution.



ACLU sues over detention in United Arab Emirates
Legal Career News | 2010/08/20 15:35

American Civil Liberties Union lawyers filed a lawsuit Wednesday against the FBI, CIA and other federal intelligence agencies, accusing them of detaining and torturing an American citizen later convicted on terrorism charges in the United Arab Emirates.

The lawsuit filed by the ACLU of Southern California seeks information about the treatment of Naji Hamdan, an American of Lebanese origin who was arrested in the United Arab Emirates in August 2008.

The ACLU accuses U.S. agencies of colluding with United Arab Emirates security forces, which kept Hamdan in a secret prison in Abu Dhabi without charging him with a crime until an earlier lawsuit by the rights group prompted his transfer to an official prison.

Hamdan, 44, who now lives in Lebanon with his family, was released in October 2009 after being convicted and sentenced to time served.

The former auto parts dealer and manager of the Hawthorne Islamic Center in Southern California has said he confessed under torture and suspected that U.S. authorities played a role in his detention and prosecution.



Appeals court: Stolen Valor Act unconstitutional
Legal Career News | 2010/08/18 16:33

A three-year-old federal law that makes it a crime to falsely claim to have received a medal from the U.S. military is unconstitutional, an appeals court panel in California ruled Tuesday.

The decision involves the case of Xavier Alvarez of Pomona, Calif., a water district board member who said at a public meeting in 2007 that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration.

Alvarez was indicted in 2007. He pleaded guilty on condition that he be allowed to appeal on First Amendment grounds. He was sentenced under the Stolen Valor Act to more than 400 hours of community service at a veterans hospital and fined $5,000.

A panel of the 9th U.S. Circuit Court of Appeals sided with him in a 2-1 decision Tuesday, agreeing that the law was a violation of his free-speech rights. The majority said there's no evidence that such lies harm anybody, and there's no compelling reason for the government to ban such lies.

The dissenting justice insisted that the majority refused to follow clear Supreme Court precedent that false statements of fact are not entitled to First Amendment protection.

The act revised and toughened a law that forbids anyone to wear a military medal that wasn't earned. The measure sailed through Congress in late 2006, receiving unanimous approval in the Senate.



LA judge frees thief who got 25 yrs on 3rd strike
Legal Career News | 2010/08/17 14:30

A judge on Monday ordered the release of a man who spent 13 years behind bars for trying to steal food from a church, his third offense under California's three-strikes law.

Tears streamed down Gregory Taylor's face when Judge Peter Espinoza amended his sentence to eight years already served. The judge asked a bailiff to get him a tissue.

He was taken back into custody and will be released when his paperwork is completed in at least two days.

Family members and supporters applauded and the 47-year-old Taylor quietly thanked the court and his lawyers for "giving me another chance ... and my family for sticking by me."

The Stanford Law Project filed a writ of habeas corpus seeking freedom for Taylor, who was sentenced in 1997 to 25 years to life under California's three-strikes law. The district attorney did not oppose the group's move.



Retrial possible in dad's NY samurai sword slaying
Legal Career News | 2010/08/13 09:55

An appeals court has ordered a new trial for a New York man convicted of using a samurai sword to kill his stepfather while he slept on a living room couch.

Zachary Gibian was convicted in 2006 of nearly beheading retired police officer Scott Nager in his home in Hauppauge (HAWP'-awg), on Long Island. Gibian was 20 at the time. He's serving 25 years to life in prison.

The Appellate Division of the state Supreme Court ruled errors were made in his trial. It faulted the trial judge for not allowing testimony about statements supposedly made by Gibian's mother.

Gibian testified it was his mother who killed Nager after she discovered her husband sexually abusing her son. She denied the allegations.



Judge testifies he felt threatened by NJ blogger
Legal Career News | 2010/08/12 13:21

A federal appeals court judge from Illinois testified Wednesday that he felt threatened by a New Jersey blogger's inflammatory Internet tirades over a ruling supporting gun control.

The rant against a three-judge panel in Chicago "was a threat of violence," Judge William Bauer told jurors at a retrial in Brooklyn. "It suggested that the country would be better off if we were killed."

The death threat case against Hal Turner stems from the 7th U.S. Circuit Court of Appeals ruling in 2009 by Bauer and two other judges, Frank Easterbrook and Richard Posner, that upheld a district court decision dismissing lawsuits that challenged handgun bans in Chicago and Oak Park, Ill.

The same day, Turner blasted the decision with a lengthy post online. In one passage, he quoted Thomas Jefferson as saying, "The tree of liberty must be replenished from time to time with the blood of tyrants and patriots," court papers said.



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