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US army panel advises trial in Afghanistan suicide
Court News |
2012/01/23 10:54
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An investigative hearing has recommended that an American soldier be court-martialed over hazing that allegedly led to a fellow infantryman's suicide in Afghanistan, but dismissed the most serious charge against him, the U.S. military said Monday.
Spc. Ryan Offutt is one of eight soldiers charged in the death of 19-year-old Pvt. Danny Chen, who shot himself on Oct. 3 after what investigators say were weeks of physical abuse, humiliation and racial slurs.
A native New Yorker of Chinese descent, Chen had been in Afghanistan only two months when he shot himself in a guardhouse at a remote outpost in Afghanistan's Kandahar province.
The investigative hearing recommended that Offutt, 32, be court-martialed on charges including assault, negligent homicide, and reckless endangerment, a statement from U.S. military said.
It said the hearing, which ended Sunday, did not recommend trial for an additional charge of involuntary manslaughter, punishable by up to 10 years in prison.
The most serious charge Offutt now faces is negligent homicide, which carries a prison sentence of up to three years.
The regional American military commander will make a final decision on any court-martial based on the hearing's recommendations, the U.S. statement said.
Attorneys for Offutt could not immediately be contacted. Offutt, a native of Greenville, Pa., joined the Army in 2006 and served 14 months in Iraq before being deployed to Afghanistan. |
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US high court: warrant needed for GPS tracking
Legal News |
2012/01/23 10:53
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The U.S. Supreme Court ruled unanimously Monday that police must get a search warrant before using GPS technology to track criminal suspects.
The ruling represents a serious complication for law enforcement nationwide, which increasingly relies on high tech surveillance of suspects, including the use of various types of satellite technology.
A GPS device installed by police on Washington nightclub owner Antoine Jones' Jeep helped them link him to a suburban house used to stash money and drugs. He was sentenced to life in prison before the appeals court overturned the conviction.
Associate Justice Antonin Scalia said that the government's installation of a GPS device, and its use to monitor the vehicle's movements, constitutes a search, meaning that a warrant is required. |
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Court throws out judge-drawn Texas electoral maps
U.S. Court News |
2012/01/21 10:14
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The Supreme Court on Friday threw out electoral maps drawn by federal judges in Texas that favored minorities. The decision ultimately could affect control of the U.S. House of Representatives and leaves the fate of Texas' April primaries unclear.
The justices ordered the three-judge court in San Antonio to come up with new plans that pay more attention to maps created by Texas' Republican-dominated state Legislature. All four of the state's new congressional seats could swing based on the outcome.
But the Supreme Court did not compel the use of the state's maps in this year's elections, as Texas wanted. Only Justice Clarence Thomas said he would have gone that far.
The court's unsigned opinion thus did not blaze any new trails in election law or signal retreat from a key provision of the Voting Rights Act, as some supporters of the law feared would result from this case.
Still, the outcome appeared to favor Republicans by instructing the judges to stick more closely to what the Legislature did, said election law expert Richard Hasen, a professor at the University of California, Irvine, law school. |
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Police witnesses called in fake 'Rockefeller' case
Legal News |
2012/01/20 10:14
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A Superior Court judge testified in a murder case against a man who posed as an heir to the Rockefeller fortune, saying that more than two decades ago he lent a chain saw to the defendant while the two were living in San Marino.
William Stewart said he was a lawyer when Christian Gerhartsreiter, then known as Christopher Chichester, asked to borrow an electric chain saw in late 1984 or early 1985.
He said he had a problem with a branch on a tree that was scratching a window, Stewart said Thursday.
Stewart, who met the defendant at his church, said Chichester kept the tool for several months, returning it just before leaving town in the spring of 1985.
The hearing for Gerhartsreiter will determine whether there is enough evidence to put him on trial for the apparent bludgeoning death of John Sohus that only came to light when the victim's bones were dug up at the former home of John and Linda Sohus in 1994, nearly 10 years after the couple vanished. Gerhartsreiter was a tenant in the guesthouse at the home. |
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