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Jury convicts mom of lesser charges in online hoax
Headline Legal News |
2008/11/26 18:47
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| A jury on Wednesday was unable to reach a verdict on the main conspiracy charge and instead convicted a Missouri woman of three minor offenses for her role in an Internet hoax that apparently drove a 13-year-old girl to suicide.pThe Los Angeles federal court jury rejected felony charges of accessing a computer without authorization to inflict emotional distress on young Megan Meier./ppHowever, the jury found defendant Lori Drew guilty of three counts of the lesser offense of accessing a computer without authorization. Each count is punishable by up to one year in prison and a $100,000 fine./ppThe jurors could not reach a verdict on a conspiracy count, and U.S. District Court Judge George Wu declared a mistrial on the charge. It was not known if she would be retried./ppShe could have been sentenced to a total of 20 years in prison if convicted of the four original counts./ppProsecutors said Drew violated the MySpace terms of service by conspiring with her young daughter and a business assistant to create a fictitious profile of a teen boy on the MySpace social networking site to harass Megan./ppMegan, who had been treated for depression, hanged herself with a belt in her bedroom closet in 2006 after receiving a message saying the world would be better without her. /p |
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Voters' word may not be last in Minn. Senate race
Headline Legal News |
2008/11/06 14:07
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| One Senate candidate says the voters have spoken. The other says the electorate still needs to be heard.pIn the end, experts say, it could be the courts or even the Senate that speaks the loudest on Minnesota's unsettled Senate race./ppWhile the race is headed for an automatic recount, Republican Sen. Norm Coleman and Democratic challenger Al Franken have other options to alter the outcome./ppThe recount is due to start once results are made official Nov. 18, and it could take weeks. Coleman clung to a 342-vote lead, out of nearly 2.9 million votes cast, as election officials around the state double-checked their reports./ppAfter a recount, the candidates or any eligible voter can head to court to challenge how the election was conducted or the votes were tallied. The Minnesota law spelling out the contest raises the possibility of Senate involvement./ppI don't think there is any possibility it will be simply a recount, said Hamline University law professor Joseph Daly. It is destined for the courthouse and ultimately it is destined for the United States Senate based on this law. There's too much at stake. There's too much vitriol./ppMinnesota's race is one of three up in the air nationwide. Races in Georgia and Alaska are also unresolved. All three involve Republican incumbents in a year that has seen Democrats gain five seats already./ppFranken went on Minnesota Public Radio to explain why he won't waive the recount, as Coleman said he would do if he was in the same position./ppThis is the closest race in Minnesota history, the closest Senate race and the closest race anywhere in the country. This is just part of the process to make sure every vote is counted, Franken said, adding, Candidates don't get to decide when an election's over — voters do./ppColeman laid low Thursday./ppIn percentage terms, Minnesota's race will go down as the closest Senate election prior to a recount. In 1974, a New Hampshire race came down to 355 votes out of 200,000 cast./ppThe loser in that race, the Democratic candidate, overtook the Election Day victor by 10 votes in a recount. But more maneuvering and court challenges overturned that result, and the state's Republican governor awarded the election certificate to his party's nominee./ppThe case ultimately wound up before the Senate, where Democrats held a large majority. But a standoff dragged on until August, when the Senate voted to declare the seat open. A special election was held the next month, and record-breaking turnout helped Democrat John Durkin prevail./p |
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Alaska Sen. Stevens can still vote, despite felony
Headline Legal News |
2008/10/30 19:43
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| GOP Sen. Ted Stevens' felony conviction won't block him from casting a vote for himself in Tuesday's election. pStevens was convicted Monday on seven counts of trying to hide more than $250,000 in free home renovations and other gifts that he received from a wealthy oil contractor. Alaska law says a person convicted of a crime that constitutes a felony involving moral turpitude under state or federal law may not vote in a state, federal, or municipal election from the date of the conviction through the date of the unconditional discharge of the person./ppBut state legal officials say that since Stevens has not been sentenced yet, he is eligible to vote in the general election, said Gail Fenumiai, director of the Alaska Division of Elections./ppStevens won't be sentenced until early next year. He faces a maximum 35 years in prison, but is likely to get far less, if any, prison time. If re-elected, he also could face an expulsion vote in the Senate, or senators could recommend a lesser sanction./ppThe 84-year-old senator, who has represented Alaska in the Senate since 1968, is in a tight race with Democratic challenger Mark Begich, the mayor of Anchorage./ppSeveral politicians, including GOP presidential candidate John McCain and his running mate Alaska Gov. Sarah Palin, have called on Stevens to resign. But the senator has said he plans to fight his conviction and for re-election. /p |
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Corruption trial begins for 'America's sheriff'
Headline Legal News |
2008/10/29 19:41
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| Former Orange County Sheriff Michael Carona was a sharp, inspiring leader consumed by greed, a prosecutor said Wednesday as the federal corruption trial began for the lawman nicknamed America's sheriff.pThe three-term sheriff took hundreds of thousands of dollars in cash, gifts and illegal loans for himself, his mistress and a close group of friends in exchange for political favors, get-out-jail-free cards and the power of his office, Assistant U.S. Attorney Brett Sagel told jurors./ppThis is the case of the two Michael Caronas: Sheriff Michael Carona, the bright, articulate, charismatic man who went from being the underdog candidate, Sagel said. Then there's the Michael Carona ... who declared, 'We're going to be so rich, we're going to make so much money.'/ppThe square-jawed Carona, once dubbed America's sheriff by CNN's Larry King after vowing to hunt down a child abductor, sat stoically through the prosecutor's opening statement./ppCarona, 53, has vigorously denied charges of conspiracy, mail fraud and witness tampering./ppAlso charged are his alleged mistress, who has pleaded not guilty to conspiracy, mail fraud and bankruptcy fraud; and his wife, who has pleaded not guilty to a single count of conspiracy./p |
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Bailout bill gains momentum on House floor
Headline Legal News |
2008/10/03 07:15
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After a week of tumult, an unprecedented government bailout of the financial industry gained ground in the House on Friday and leaders in both political parties expressed optimism the $700 billion measure would clear Congress by day's end for President Bush's signature.
With the economy showing fresh signs of weakness, the measure advanced past a key hurdle on a 223-205 vote. pAn Associated Press tally showed 16 lawmakers who sent an earlier bailout bill to unexpected defeat on Monday had changed their minds and would vote in favor of the revised legislation, more than the dozen needed. Officials said changes made to the measure had sparked a far smaller number of defections among previous supporters. pI'm optimistic about today. We're not going to take anything for granted but it's time to act, said House Republican Leader John Boehner of Ohio. pI think it will pass, agreed Rep. Jim Clyburn, the chief Democratic vote-counter, as debate unfolded in the House chamber. pThe Senate passed the measure earlier in the week on a bipartisan vote of 74-25. pNo matter what we do or what we pass, there are still tough times out there. People are mad -- I'm mad, said Republican Rep. J. Gresham Barrett of South Carolina, who opposed the measure the first time it came to a vote. Now, he said, We have to act. We have to act now. pRep. John Lewis, D-Ga., another convert, said, I have decided that the cost of doing nothing is greater than the cost of doing something./p |
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EPA Must Set Pollution Standards for Builders
Headline Legal News |
2008/09/23 06:58
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The Environmental Protection Agency must develop pollution standards for storm water runoff from construction sites or risk violation of the Clean Water Act, the 9th Circuit ruled.
The EPA identified the construction industry as a point-source category of pollution in its 2000 environmental plan, but then exempted the industry from the plan in 2004, skipping a three-year deadline to develop standards after listing.
The Natural Resources Defense Council, along with the Waterkeeper Alliance, filed suit against the EPA and its administrator, Stephen Johnson, for violating their duty to promulgate effluent limitation guidelines and new source performance standards for toxic storm water runoff from construction sites.
The environmental groups have standing because the polluted storm water ran into waterways that the groups' members use for recreation, the appeals court ruled. The National Association of Home Builders and Associated General Contractors of America, intervening on behalf of the government, argued that even if the runoff contained pollutants, the water wasn't toxic. The 9th Circuit disagreed. In fact, the EPA has explicitly stated that storm water runoff from construction sites includes toxic and non-conventional pollutants, Judge Smith wrote.
The Clean Water Act clearly outlines the EPA's responsibility to develop standards for polluters within three years of developing a plan, the ruling states. The Act does not give the EPA authority to remove a point-source category from its plan once it is identified, or the three-year deadline would be meaningless, the court ruled. Also, the intensive listing process, which allows for public review and comment, shows that the agency seriously considered adding the construction industry before its listing.
The three-year delay ... is not to decide whether to list a point-source category, Smith wrote, but to allow the EPA to consider what the substance of the (standards) should be. |
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