Friday, December 20, 2013

Judge ousts defendant twice from Guantanamo court


The military judge presiding over the Sept. 11 war crimes tribunal at Guantanamo ejected one defendant from the courtroom twice Tuesday for speaking out of turn, adding a bit of drama to an otherwise dry pretrial motions hearing at the U.S. naval base in Cuba.

Ramzi Binalshibh, one of five Guantanamo prisoners charged with orchestrating the Sept. 11 terrorist attack, refused repeated warnings to stop trying to address the judge about what he claims are efforts by guards to keep him awake at night with banging sounds inside his cell.

But the judge, whose courtroom was repeatedly disrupted when the defendants were arraigned in May 2012, was having none of it. Army Col. James Pohl ordered troops to remove Binalshibh and place him in a holding cell.

Then the same scene repeated itself in the afternoon session, and the judge warned it would happen again if the defendant tried again on Wednesday. "If he is disruptive he will be escorted from the courtroom," Pohl told the lawyers for Binalshibh.

He also said he was concerned that the prisoner might shout out classified information, prompting courtroom censors to cut the sound. "I don't know what he'll say," he said.

Both removals occurred as the judge asked Binalshibh if he understood he has the right to be absent from the remainder of the pretrial motions hearing this week. The four other defendants also answered in the affirmative.

Binalshibh used the question as an opportunity to repeat claims that prison authorities use sounds and vibrations to keep him awake at night inside Camp 7, the high-security section of Guantanamo where he and the other defendants in the Sept. 11 case are held. Prosecutors say they have looked into the matter and were assured that no noises are being made.

Wednesday, November 6, 2013

German Court Begins Hearing Afghan Airstrike Case


A court in Germany has begun hearing a civil case brought by relatives of some of the 91 Afghans killed in a NATO airstrike four years ago.

Bonn regional court spokesman Philipp Prietze said Wednesday that the court reviewed video recorded by two U.S. fighter jets involved in the airstrike in the Afghan province of Kunduz on Sept. 4, 2009.

The strike was ordered by a German colonel fearful that insurgents would use two stolen fuel tankers to attack his troops.

Germany paid $5,000 each to victims' families, but some are seeking additional compensation. Most of the dead were civilians.

Separately, Germany said it would offer refuge to 182 Afghan translators and drivers who could face persecution after Western troops leave Afghanistan because they worked for the German military.

Friday, October 4, 2013

Spanish court convicts 53 in corruption trial


A Spanish court convicted 53 people Friday in the country's biggest-ever corruption trial, which lasted two years and centered on widespread real estate fraud and bribery in the southern jet-set resort town of Marbella.

The defendants in the trial, which ended last year, included former town hall officials, lawyers and business representatives. The judge took several months to decide on the sentences — 40 other people were acquitted and two accused died while the case was being prepared.

Under a highly complex scheme in the mid-1990s, city funds were widely misappropriated, and public officials and business representatives divvied up under-the table kickbacks for planning permissions and construction of hotels, residential complexes and urban infrastructure. Much of the money was then laundered with the help of lawyers.

Marbella, located on Spain's southern coast, was a magnet for jet set and society figures from across the world during the 1970s and 1980s.

The man who prosecutors said was the mastermind of the fraud, former Marbella urban planning adviser Juan Antonio Roca, got the biggest sentence — 11 years — for money laundering, bribery and fraud. He also was fined 240 million euros ($326 million).

Roca has been in jail since 2006 when he was first arrested as the case broke. Back then, he was considered one of the richest people in Spain with his assets including ranches, fighting bulls, thoroughbred horses, art, expensive cars and boats.

The scheme began when late Atletico Madrid soccer club owner Jesus Gil y Gil was mayor of Marbella between 1991 and 2002. Roca began working for Marbella town hall under Gil and claimed during the trial that he was just following the mayor's orders.

Thursday, September 5, 2013

Teen charged with killing principal in court


A Memphis teen charged with fatally stabbing his high school principal two years ago is scheduled to make a court appearance.

The lawyer for 18-year-old Eduardo Marmolejo said last month that he's optimistic the case against his client will be resolved at a hearing Tuesday.

Marmolejo was 16 when he was charged with first degree murder in the August 2011 stabbing of 49-year-old Suzette York, his principal at Memphis Junior Academy. A juvenile court judge decided in September 2011 that Marmolejo's case should be moved to adult court. The teen has pleaded not guilty.

Investigators say Marmolejo planned the killing for months. York's body was found in a pool of blood in a classroom.

Defense lawyer Leslie Ballin and prosecutors have been discussing a plea deal.

Thursday, May 23, 2013

Appeals court allows capital retrial of Wolfe

A federal appeals court will allow a capital murder case to proceed against an accused drug kingpin from northern Virginia.
In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals in Richmond overturned a federal judge in Norfolk who had ordered a halt to the prosecution of Justin Wolfe and his immediate release.
That judge said misconduct by prosecutors in Prince William County made it impossible for Wolfe to get a fair trial.
But a majority on the appellate court disagreed. The judges ruled that a new trial can be done fairly. A dissenting judge said the misconduct was so bad that freeing Wolfe was the only proper outcome.
Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.

Wednesday, May 8, 2013

Court: California cities can ban pot shops


Local governments in California's have legal authority to ban storefront pot shops within their borders, California's highest court ruled on Monday in an opinion likely to further diminish the state's once-robust medical marijuana industry.

Nearly 17 years after voters in the state legalized medical marijuana, the court ruled unanimously in a legal challenge to a ban the city of Riverside enacted in 2010.

The advocacy group Americans for Safe Access estimates that another 200 jurisdictions statewide have similar prohibitions on retail pot sales. Many were enacted after the number of retail medical marijuana outlets boomed in Southern California after a 2009 memo from the U.S. Justice Department said prosecuting pot sales would be a low priority.

However, the rush to outlaw pot shops has slowed in the 21 months since the four federal prosecutors in California launched a coordinated crackdown on dispensaries by threatening to seize the property of landlords who lease space to the shops. Hundreds of dispensary operators have since been evicted or closed voluntarily.

Marijuana advocates have argued that allowing local government to bar dispensaries thwarts the intent of the state's medical marijuana law - the nation's first - to make the drug accessible to residents with doctor's recommendations to use it.

Tuesday, April 16, 2013

RI Supreme Court settles $8,500 Vegas loan dispute

What happens in Vegas shouldn't necessarily stay in Vegas, the Rhode Island Supreme Court said Friday as it ruled a Providence man who called a friend from Sin City to borrow $8,500 for gambling losses must pay it back despite an old law that says otherwise.
The court opinion ends a long legal dispute over the money given to Juan Catala by David S. Vogel, a Providence attorney who ran for Congress last fall as an independent. But despite the ruling from the high court, Catala said he'll never repay his former friend.
"I'll go to jail before I give him a dollar," Catala told The Associated Press.
According to court documents, Catala and his fiancée were on a trip to Las Vegas in 2007 when Catala called Vogel for help. According to Vogel, Catala said he had lost a substantial sum of money gambling and needed to recover his losses. Vogel agreed to wire $8,500 to the Bellagio Hotel.
After Catala refused to repay the loan, Vogel sued. Catala initially disputed that he had received the money but later argued that the loan was void because of a more than century-old Rhode Island law that invalidates loan agreements when the lender knows the money would be used for gambling. On Friday, Catala said Vogel gave him the money as an investment, with the understanding that he would be paid back only if Catala won.

Tuesday, February 5, 2013

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