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Court won't reinstate church official's conviction
Attorney News |
2016/07/28 16:57
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The first U.S. church official convicted over his handling of priest-abuse complaints could soon leave prison after the Pennsylvania Supreme Court agreed Tuesday that his conviction was flawed.
Monsignor William Lynn, who served two cardinals at the Roman Catholic Archdiocese of Philadelphia, has been imprisoned for almost three years for child endangerment.
But the high court Tuesday declined to reinstate his 2012 conviction. A lower appeals court had found the trial judge allowed too much indirect testimony from other church-abuse victims.
Defense lawyer Tom Bergstrom will ask that his client be released this week. Lynn, 65, has nearly served the minimum of his three- to six-year term.
"He was in the middle of this thing, by direction of the cardinal," Bergstrom said. "He was thrown into this melting pot of awfulness, without a whole lot of experience (and) without a whole lot of education. ... And he did his best."
Prosecutors after two grand jury investigations found that Lynn played a key role helping the archdiocese transfer known pedophile-priests through his job as secretary for clergy from 1992 to 2004.
The trial revealed that his bosses kept a half century of abuse complaints in secret, locked files under Lynn's control and that he reviewed them to compile lists of suspected pedophiles.
Lynn was charged, though, with enabling the abuse of a single, 10-year-old altar boy by a priest transferred to the parish despite other complaints.
Common Pleas Judge M. Teresa Sarmina, in sentencing Lynn, said he had "enabled monsters in clerical garb ... to destroy the souls of children."
Lynn's novel case has reached the state Supreme Court twice, and he has been in and out of prison amid several rounds of appeals.
Prosecutors could ask to retry the case. A spokesman for District Attorney Seth Williams said the office would review its options.
Lynn, during several grueling days on the stand, said he tried his best but "my best was not good enough."
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Kyrgyzstan sends case of jailed journalist back to court
Attorney News |
2016/07/12 17:34
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The Supreme Court in the Central Asian nation of Kyrgyzstan on Tuesday refused to release an ethnic Uzbek journalist and activist serving a life sentence after being convicted of stirring up ethnic hatred, but instead sent his case to a regional court for review. International rights groups consider Azimzhan Askarov a prisoner of conscience.
The U.N. Human Rights Committee in April urged Kyrgyzstan to release Askarov, recognizing that he had been arbitrarily detained, tortured and denied his right to a fair trial. This opened the way for a reconsideration of his case, and Kyrgyzstan's Supreme Court began hearings on Monday.
The charges against Askarov relate to ethnic unrest in the south of Kyrgyzstan in 2010 when more than 450 people, mostly ethnic Uzbeks, were killed and tens or even hundreds of thousands were displaced. He is accused of inciting the mob killing of a police officer.
Amnesty International sharply criticized the court's decision on Tuesday to keep 65-year-old Askarov in prison while a lower court reviews his case.
"It's a missed opportunity for Kyrgyzstan to do the right thing by finally releasing a man who should never have been jailed in the first place. Today's decision by the Supreme Court ignores Kyrgyzstan's obligations under international human rights law," Amnesty International senior research director Anna Neistat said in a statement.
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Court orders release of detained immigrant kids, not parents
Attorney News |
2016/07/11 17:34
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A federal appeals court ruled Wednesday that Homeland Security officials must quickly release immigrant children — but not their parents — from family detention centers after being picked up crossing the border without documentation.
The San Francisco-based 9th Circuit U.S. Court of Appeals said that lengthy detentions of migrant children violated a 19-year-old legal settlement ordering their quick release after processing. Government lawyers had argued that the settlement covered only immigrant children who crossed the border unaccompanied by adult relatives. But the three-judge panel ruled that immigration officials aren't required to release the parents detained along with the children, reversing U.S. District Judge Dolly Gee's ruling last year.
Advocates seeking stricter immigration controls said they hoped the ruling would discourage adults crossing the border illegally from exploiting children as a way to stay out of custody in the United States.
Mark Krikorian, Center for Immigration Studies executive director and an advocate for stricter border controls, said allowing the parents to be released may have encouraged illegal immigration of adults traveling with children.
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Court Vacates $1.8M Ventura Award in 'American Sniper' Case
Attorney News |
2016/06/13 18:05
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A federal appeals court on Monday threw out a $1.8 million judgment awarded to former Minnesota Gov. Jesse Ventura, who says he was defamed in the late author Chris Kyle's bestselling book "American Sniper."
The 8th U.S. Circuit Court of Appeals rejected the jury's 2014 award of $500,000 for defamation and $1.3 million for unjust enrichment against Kyle's estate. Kyle, a former SEAL who was the deadliest sniper in U.S. military history with 160 confirmed kills, died in 2013.
The majority of the three-judge panel reversed the unjust-enrichment award, saying it fails as a matter of law. The majority also vacated the defamation award, but sent that portion of the case back to court for a new trial.
Messages left with Ventura's publicist and attorney were not immediately returned Monday. A message left with an attorney for Kyle's estate also did not immediately return a message seeking comment.
Kyle claimed in a subchapter called "Punching Out Scruff Face," to have decked a man, whom he later identified as Ventura, during a fallen SEAL's wake at a California bar in 2006. He wrote that "Scruff Face" had made offensive comments about the elite force, including a remark that the SEALs "deserve to lose a few" in Iraq.
Ventura, a former Underwater Demolition Teams/SEAL member and ex-pro wrestler, testified at trial that Kyle's story was a fabrication. Ventura said he never made the comments and that the altercation never happened. He said the book ruined his reputation in the tight-knit SEAL community.
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Bollywood filmmaker challenges censoring of drug-abuse film
Attorney News |
2016/06/09 15:57
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A Bollywood film producer took his row with India's censor board to a court Wednesday, challenging dozens of cuts and changes to a film that depicts the menace of drug abuse in the northern state of Punjab.
Censor Board chief Pahlaj Nihalini said in a newspaper interview that the movie wrongly depicts 70 percent of people of the state consuming drugs and defaming them. He told reporters that the censor board has approved the movie for screening in theaters with the cuts ordered.
He accused producer Anurag Kashyap of whipping up a controversy to create interest in his film. Compared to Hollywood, movie norms in India are extremely strict. Censorship authorities often order filmmakers — both Indian and foreign — to chop scenes deemed offensive. Films with graphic content can be barred completely.
Last year, India's censor authorities ordered that kissing scenes in the James Bond movie, "Spectre," be shortened before it was released in the country.
Kashyap asked the Mumbai High Court to overrule the cuts ordered by the censor board. The court is expected to take up the petition later Wednesday. It could reject the matter or order reconsideration.
Kashyap said the censor board chief Nihalini demanded 89 cuts to the film and even asked him to drop the name of the state from the title, "Udta Punjab," or "Flying Punjab."
Bollywood producers and directors rallied behind Kashyap in his fight with the censor board. "The job of the censor board is to certify films and not suggest cuts."
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