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Arizona sheriff shifts blame over disobeying court order
Court Line News | 2015/04/23 15:14
The normally defiant sheriff for metro Phoenix responded meekly and shifted blame Wednesday as he was questioned in court about why he violated a judge's orders to stop carrying out his signature immigration patrols.

Maricopa County Sheriff Joe Arpaio said he accepts responsibility for disobeying the 2011 order, but he repeatedly added that he delegated the enforcement of the injunction to his lawyers and staff. He was asked whether he remember getting an attorney's opinion on carrying the order's key section.

"Not that I can recall," said Arpaio.

The sheriff could face fines if he's found in contempt of court for his acknowledged violations of the injunction and two other orders issued in a racial-profiling case that Arpaio eventually lost. Rank-and-file officers who were never told about the injunction violated the order for about 18 months.

The sheriff also has accepted responsibility for his agency's failure to turn over traffic-stop videos in the profiling case and bungling a plan to gather such recordings from officers once some videos were discovered.

Arpaio made the acknowledgments in an unsuccessful bid to get the hearing called off. The contempt hearing marks the boldest attempt to hold the sheriff personally responsible for his actions.

His voice wasn't booming in court as it often is before TV cameras. Instead, he was hoarse, looked tired and often answered questions by saying he didn't recall. Arpaio's attorney hasn't yet had a chance to question him in court.

The sheriff, whose testimony is scheduled to resume Thursday, was questioned about a former supervisor on his smuggling squad who said Arpaio ordered him to violate the 2010 order.

A day earlier, Sgt. Brett Palmer had described a tense encounter with Arpaio about a month after the 2011 order was issued in which federal immigration authorities refused to accept immigrants who hadn't committed a violation of state law. Palmer said he planned to bring the immigrants to another federal immigration agency, but he was ordered to first call Arpaio, who ordered him not to release them. Palmer said the sheriff eventually backed down.


Retired Army Colonel Pleads Guilty to Breaking Law in Job Hunt
Court Line News | 2015/04/15 12:01
A retired Army colonel pleaded guilty to negotiating his post-military employment with a helicopter company that did business with the Defense Department office he ran while still in uniform, according to court records filed Tuesday by U.S. government attorneys.

The former officer, Norbert Vergez, caused the terms of a contract to be adjusted so that the company would be paid faster, said a plea agreement detailing the charges. Vergez also failed to disclose on his ethics form that he had received a $30,000 check from a second company for relocation expenses. Officers of Vergez's seniority are typically allowed to be reimbursed by Defense Department for their final moving expenses.

The companies are not named in the records, which were filed in U.S. District Court in Alabama. But the documents describe MD Helicopters in Mesa, Arizona, and Patriarch Partners, a private equity firm in New York. Both companies are owned by Wall Street executive Lynn Tilton.

Vergez, 49, went to work for Tilton three months after retiring from military service in November 2012. Attorneys for Vergez did not respond to a request for comment.

The Associated Press reported in March 2014 that Vergez and Tilton were in unusually close contact for more than a year before he retired.

In an emailed statement, Patriarch Partners said it and MD Helicopters cooperated fully with the government's investigation. "Mr. Vergez's plea agreement does not contain any allegations of improper conduct by MD Helicopters, Patriarch Partners, or any of its personnel," according to the statement.


Man kills his lawyer, judge, co-defendant in Milan court
Headline Legal News | 2015/04/15 12:01
A real estate developer on trial for fraudulent bankruptcy fired 13 shots inside the Milan Tribunal on Thursday, killing his lawyer, a co-defendant and a judge, eluding court security before being captured 25 kilometers away.

The shooting raised concerns about security at Italy's courthouses, where much of the surveillance has been outsourced to private contractors, and about Italy's ability to protect visitors during the Milan Expo 2015 world's fair, which opens May 1 and is expected to attract 20 million visitors over six months.

Premier Matteo Renzi pledged a robust investigation into how the gunman, identified as Claudio Giardiello, managed to bring a pistol into the monumental Fascist-era tribunal, where defendants and other visitors are required to pass through metal detectors, but accredited court officials, including lawyers, are not.

"Our commitment is that this never happens again, and that those responsible pay," Renzi said.

The chief federal prosecutor in Milan, Edmondo Bruti Liberati, told reporters it appeared Giardiello may have used a fake document to enter through the only pedestrian entrance not equipped with a metal detector and intended only for use by accredited court officials. He said the metal detectors at the other entrances were in good working order.

Bruti Liberati praised law enforcement, who apprehended Giardiello at a shopping center more than an hour after the shooting. They had identified the license plate on his motor bike with video surveillance cameras and tracked his arrival in Vimercate, some 25 kilometers (15 miles) from the scene in the heart of Milan.

Prosecutors said Giardiello, 57, was still armed with a loaded pistol and intended to kill another business partner whom he blamed for a failed real estate venture.


Protesters inside Supreme Court face harsher charges
Headline Legal News | 2015/04/07 12:59
Protesters who demonstrated inside the U.S. Supreme Court are facing the threat of a year in jail and stiff fines, a sign that prosecutors and the justices themselves are losing patience over the courtroom interruptions after the third protest in just over a year.

Five people arrested last week after voicing displeasure with court decisions that removed limits on political campaign contributions now face charges including one that carries a maximum jail term of a year and up to a $100,000 fine — a sharp escalation from the possible penalties sought after two earlier protests.

A leader of the group behind the protests would not rule out future demonstrations, despite what he called an effort to crack down on the courtroom disturbances. "We are not going to be silenced," said Kai Newkirk, whose group 99Rise opposes the influence of big money in elections.

While protests on the sidewalk outside the U.S. Supreme Court are common, until last year demonstrators had rarely broken the decorum of oral arguments inside the courtroom. In February 2014, however, Newkirk was removed from the courtroom after he stood and called on the court to overturn its 2010 Citizens United decision, which freed corporations and labor unions from some limits on campaign spending. It was the first protest to disrupt an argument session in more than seven years.


Supreme Court rejects North Carolina appeal on election law
Headline Legal News | 2015/04/07 12:58
The Supreme Court has passed up an early chance to review a contested North Carolina election law that opponents say limits the ability of African-Americans to cast ballots.

The high court intervened in October to order that the law remain in effect for the fall elections after a lower court ruling blocking part of the law.

But the justices on Monday wiped away their earlier order by rejecting the state's appeal of that lower court ruling. The federal appeals court in Richmond, Virginia had blocked a part of the law that eliminated same-day registration during early voting in North Carolina.

A trial is set for July in the lawsuit filed by civil rights groups, and the issue of voting restrictions could return to the Supreme Court before the 2016 elections.

North Carolina is among several Republican-led states that have passed election laws imposing photo identification requirements and reducing the number of days set aside for early voting, among other provisions. Officials have said the measures are needed to prevent voter fraud. But critics have called the laws thinly veiled efforts to make it harder for Democratic-leaning minorities to vote.


Court rejects Duncan's death sentence appeal
Court Line News | 2015/03/31 13:21
A federal appellate court has dismissed the appeal of a man who was sentenced to death for kidnapping, torturing and killing a young northern Idaho boy after killing several members of his family.

Joseph Edward Duncan III faces the death penalty for the 2005 murder of 9-year-old Dylan Groene. He also faces several life sentences for the murder of three family members and the kidnapping of his then-8-year-old sister.

Duncan represented himself at his sentencing hearing and later waived his right to appeal. But he has since changed his mind and his defense attorneys say he wasn't mentally competent to waive his rights.

On Friday, the 9th U.S. Circuit Court of Appeals rejected that claim. The court said a lower court had correctly found Duncan competent. The justices said it was too late for Duncan to change his mind.


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