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Facing death penalty, school shooting suspect in court
Legal News Feed | 2018/03/15 21:19
Now formally facing the death penalty, the suspect in the Valentine’s Day school shooting that killed 17 people in Florida is headed for a court appearance Wednesday on a 34-count indictment.

An arraignment hearing is set for 19-year-old Nikolas Cruz, whose attorneys say he will plead guilty to all charges if the death penalty is not pursued in the Marjory Stoneman Douglas High School massacre. But Broward County State Attorney Michael Satz on Tuesday filed formal notice that prosecutors will indeed seek capital punishment.

Broward County Public Defender Howard Finkelstein, whose office is representing Cruz, has said there were so many warning signs that Cruz was mentally unstable and potentially violent, and that the death penalty might be going too far.

In an email Tuesday, Finkelstein said Cruz is “immediately ready” to plead guilty in return for 34 consecutive life sentences.

“We are not saying he is not guilty but we can’t plead guilty while death is still on the table,” Finkelstein said.

If Cruz does not enter a plea himself — known as standing mute before the court — a not guilty plea will likely be entered on his behalf by Broward Circuit Judge Elizabeth Scherer to keep the legal process moving along, his attorneys have said.

In every case, there is always the possibility of a plea deal. The only other penalty option for Cruz, if convicted, is life in prison with no possibility of parole.

Fred Guttenberg, whose daughter Jamie Guttenberg died in the shooting, was angry the state decided to pursue the death penalty, noting how tortuously long capital punishment cases last.




Father testifies in Australian court cardinal abused son
U.S. Court News | 2018/03/15 21:18
A father testified in an Australian court Thursday that his son said he was sexually abused by Vatican Cardinal George Pell during a waterskiing outing years ago. When a defense lawyer accused him of lying, the father told the court it was an insult.

The testimony in the Melbourne Magistrate Court came at a hearing to determine whether prosecutors have sufficient evidence to put Pell on trial.

Pope Francis' former finance minister was charged in June with sexually abusing multiple people in his Australian home state of Victoria. The details of the allegations have yet to be released to the public, though police have described the charges as "historical," meaning they allegedly occurred decades ago.

Pell, 76, has said he will plead not guilty if the magistrate rules a jury trial is warranted.

The father of one of the alleged victims, who cannot be identified for legal reasons, testified via a video link that he first learned of the alleged abuse in 2015 and that his son struggled to talk about it.

Defense lawyer Robert Richter said the father did not name Pell in a statement he made to police then. "Do you have any explanation as to how it is there is no mention of Pell there, as having done anything wrong at the lake?" Richter asked.

The lawyer said the father had only recently named Pell as the alleged offender. "That's an invention of yours since July 2015 when you made your statement," Richter told the father.



Czech top court delays alleged Russian hacker extradition
U.S. Court News | 2018/03/14 21:19
The Czech Republic's top court said Tuesday it has delayed the extradition of an alleged Russian hacker until it deals with a last-ditch complaint filed by him.

It means that the justice minister can't finalize Yevgeniy Nikulin's extradition until the Constitutional Court rules on the matter.

Nikulin has exhausted all appeals, but his lawyers presented a final complaint to the court in a bid to postpone his extradition to either the U.S. or Russia. The contents of the complaint weren't made public, but Nikulin's defense has previously said that appeals court judges were biased.

Czech authorities arrested Nikulin in Prague in cooperation with the FBI in October 2016. He is accused by U.S. prosecutors of hacking computers at Silicon Valley firms including LinkedIn and Dropbox in 2012 and the U.S. wanted him extradited to face a trial there.

Moscow also wants him extradited on a separate charge of internet theft in 2009.

Both countries submitted their extradition requests on the same date.

Nikulin denies he's a hacker. His defense attorney claimed his case was politically motivated in the U.S.

Czech courts ruled that both extradition requests meet the necessary legal conditions, leaving the final decision to Justice Minister Robert Pelikan.




Greek court rejects Turkish extradition request
Law Firm News | 2018/03/13 21:19
A Greek court on Wednesday rejected a Turkish extradition request for a young woman who was among nine suspected Turkish militants arrested in Athens ahead of an official visit by Turkey's president late last year.

A panel of three judges ruled 21-year-old Halaz Secer may be tried for issues other than what the extradition request sought her for and that her life could be in danger if returned to Turkey. The judges also ruled that some offences she was being sought for, such as participating in protests and making banners, were not crimes.

The nine, Turkish citizens of Kurdish origin, were arrested for alleged links to the left-wing Revolutionary People's Liberation Party-Front, which Turkey, the United States and the European Union consider a terrorist organization.

Secer is the third of the nine to see an extradition request from Turkey rejected. Two others - Naci Ozpolat, 48 and Mehmet Dogan, 60 - have also had the extradition request for them rejected in recent weeks.

After the hearing she returned to jail, where she is being held on Greek charges related to the possession of explosives. She denies being part of a terrorist organization.

Proesecutor Ourania Stathea had recommended the judges reject the extradition request, noting that charges for which Turkey was seeking Secer included "forming and running an armed terrorist organization since 2007," when she would have been 10 years old. Stathea noted Turkey has been under a state of emergency since July 2016, after a failed military coup there, which has led to the imprisonment of thousands of people, including civil servants, journalists, judges and military personnel.

Testifying in court, Secer insisted she was not a member of any terrorist organization, and said she had been protesting in Turkey to call for free education. The young woman said she has been arrested three times from the age of 17 for her activism, and held several months each time. She told the court she suffered injuries during each of the arrests.


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