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Manhattan DA drops part of Weinstein case
Court Watch |
2018/10/11 10:44
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Manhattan’s district attorney dropped part of the criminal sexual assault case against Harvey Weinstein on Thursday after evidence emerged that cast doubt on the account one of his three accusers provided to the grand jury.
The development was announced in court Thursday with Weinstein looking on.
The tossed charge involves allegations made by one of the three accusers in the case, Lucia Evans, who was among the first women to publicly accuse Weinstein of sexual assault.
In an expose published in The New Yorker one year ago Wednesday, Evans accused Weinstein of forcing her to perform oral sex when they met alone in his office in 2004 to discuss her fledgling acting career. At the time, Evans was a 21-year-old college student.
Assistant District Attorney Joan Illuzzi-Orbon told the judge that prosecutors wouldn’t oppose dismissal of the count in the case involving Evans. She insisted the rest of the case, involving two other accusers, was strong.
“In short, your honor, we are moving full steam ahead,” she said.
Weinstein’s lawyer, Benjamin Brafman, told the judge he believed Evans had lied both to the grand jury and to The New Yorker about her encounter with Weinstein. He also said he believed a police detective had corruptly attempted to influence the case by keeping a witness from testifying about her misstatements. |
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Former FIFA official Makudi at court for ban appeal hearing
Lawyer News |
2018/10/11 10:42
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Former FIFA executive committee member Worawi Makudi is at the Court of Arbitration for Sport challenging his ban for forgery ahead of a Thailand soccer federation election.
Makudi said outside the court on Thursday he was "very confident. I didn't do anything wrong."
The former Thai federation president appealed against a 3 1/2-year ban by FIFA that expires in April 2020. He was also fined 10,000 Swiss francs ($10,100).
FIFA's ethics committee found him guilty of forgery, falsifying documents, and not cooperating with investigators. Makudi was alleged to have altered federation statutes before his 2013 re-election campaign.
He was convicted in a Bangkok criminal court, though said on Thursday that case was resolved in his favor.
"You know very clearly that the court in Thailand already decided I won the case, OK?" he said.
Makudi was a long-time ally of Qatar's Mohamed bin Hammam when sitting on FIFA's ruling committee for 18 years until 2015. He was voted out by Asian federations.
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US urges UN court to toss out Iranian case on frozen assets
Attorney Career |
2018/10/10 10:48
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The U.S. on Monday urged the United Nations' highest court to toss out a case filed by Iran that seeks to recover around $2 billion worth of frozen assets the U.S. Supreme Court awarded to victims of a 1983 bombing in Lebanon and other attacks linked to Iran.
The case at the International Court of Justice is based on a bilateral treaty that the Trump administration terminated last week. Despite that, the United States sent a large legal delegation to the court's headquarters in The Hague to present their objections to the case, which Tehran filed in 2016.
U.S. State Department lawyer Richard Visek told the 15-judge panel that U.S. objections to the court's jurisdiction and admissibility "provide a clear basis for ruling that this case should not proceed to the merits."
Visek said the case is based on "malicious conduct" by Iran, a country Washington has long classified as a state sponsor of terrorism around the world. Iran denies that charge.
"At the outset we should be clear as to what this case is about," Visek said. "The actions at the root of this case center on Iran's support for international terrorism and its complaints about the U.S. legal framework that allows victims of that terrorism to hold Iran accountable to judicial proceedings and receive compensation for their tragic losses."
The attack at the heart of the case was a suicide truck bombing of a U.S. marine barracks in Beirut in October 1983 that killed 241 military personnel and wounded many more. A U.S. court ruled that the attack was carried out by an Iranian agent supported by the Hezbollah militant group.
In 2016, the U.S. Supreme Court ordered some $2 billion in assets of Iran's state bank that had been frozen in the United States to be paid as compensation to relatives of victims of attacks including the Beirut bombing.
"Iran's effort to secure relief from the court in this case - to in effect deny terrorism victims justice - is wholly unfounded and its application should be rejected in its entirety as inadmissible," Visek told judges, saying that the dispute did not fall into the 1955 Treaty of Amity cited by Tehran as the basis for the court's jurisdiction.
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Texas Supreme Court to hear sex offender law challenge
Legal Center |
2018/10/09 10:49
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The Texas Supreme Court will consider a challenge to the state's retroactive sex offender laws that some say unfairly stack new punishments on those convicted in plea deals.
More than 2,800 sex offenders remain on the Texas registry despite being no longer required to register under terms of their probation, according to an Austin-American Statesman analysis of the list.
Every qualifying sex offender was ordered onto the registry in 2005 after Texas expanded its sex offense laws. But that included some defendants who were promised in deals with prosecutors that they wouldn't have to be on the list after a certain amount of time.
Donnie Miller struck a deal with Travis County prosecutors after he was charged with sexual assault against a woman outside an Austin gentleman's club in 1993. A jury couldn't agree on a verdict at his trial, forcing Miller to face a second trial and more than $20,000 in legal fees.
He made a deal with prosecutors to plead guilty and in exchange, his record would be cleaned if he stayed out of trouble for 10 years. But Miller received a call a year after successfully completing his probation telling him that Texas had changed the rules and that he'd be on the sex offender registry for life, contrary to the terms of his plea deal.
"If I'd known, why would I have taken a plea deal?" said Miller, 48. "I would have borrowed the money for the retrial."
In a lawsuit before the Texas Supreme Court regarding another similar case, San Antonio attorney Angela Moore argues that undoing plea bargains makes the agreements worthless. About 94 percent of criminal convictions are disposed of with pleas, she said. |
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Court: Doctor in Spain abducted newborn 49 years ago
Attorney Career |
2018/10/07 10:48
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A Spanish court ruled Monday that a doctor stole a newborn child nearly five decades ago, one of the many abducted during Spain's 20th-century dictatorship, but cleared him because the statute of limitations had expired.
The Madrid court said 85-year-old gynecologist Eduardo Vela could not be punished because one of those who were stolen, plaintiff Ines Madrigal, did not make her complaint until 2012, more than a decade after the gravest crime had taken place.
The court did find, however, that Vela was responsible for abducting Madrigal in 1969, faking her birth by her adoptive parents and forging official documents.
Monday's verdict is Spain's first in relation to the wide-scale child trafficking that took place from the onset of the country's Civil War in 1936 to the death of dictator Gen. Francisco Franco in 1975.
The right-wing regime waged a campaign to take away the children of poor families, prisoners or political enemies, sometimes stripping women of their newborns by lying and saying they had died during labor. The children were then given to pro-Franco families or the church, who educated the children on the regime's ideology and on Roman Catholicism.
Vela, the director of a Madrid clinic considered to be at the epicenter of the scandal, denied the accusations during this year's trial.
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Kavanaugh to attend White House event, as elections loom
Legal Center |
2018/10/07 10:48
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New Supreme Court Justice Brett Kavanaugh is returning to the White House for a televised appearance Monday with President Donald Trump less than a month before pivotal congressional elections.
Kavanaugh will take part in an entirely ceremonial swearing-in two days after he officially became a member of the high court and following a bitter partisan fight over his nomination. The event is unusual for new justices. Only Samuel Alito and Stephen Breyer participated in a White House event after they had been sworn-in and begun work as a justice, according to the court's records on oath-taking by the current crop of justices.
Kavanaugh, along with his law clerks, already has been at the Supreme Court preparing for his first day on the bench Tuesday when the justices will hear arguments in two cases about longer prison terms for repeat offenders. The new justice's four clerks all are women, the first time that has happened.
The clerks are Kim Jackson, who previously worked for Kavanaugh on the federal appeals court in Washington, Shannon Grammel, Megan Lacy and Sara Nommensen. The latter three all worked for other Republican-nominated judges. Lacy had been working at the White House in support of Kavanaugh's nomination.
In his Senate testimony last month in which he denied allegations that he sexually assaulted a woman in high school, accusing Democrats of orchestrating a partisan campaign against him, Kavanaugh had promised that, if he was confirmed, the four clerks working for him would be women. "I'll be the first justice in the history of the Supreme Court to have a group of all-women law clerks. That is who I am."
On Monday, Trump kept up attacks on Democrats for opposing Kavanaugh, pressing on an issue that Republicans have used to energize their voters. |
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