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Judge Rejects Murtha Deposition Request
Court News |
2008/03/06 03:01
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| Attorneys for a Marine officer facing court-martial on charges he mishandled the aftermath of the deaths of 24 Iraqis may not force a Pennsylvania congressman to testify in the case, a military judge ruled.pAttorneys for Lt. Col. Jeffrey R. Chessani want to question Rep. John Murtha over his public statement that the Marines killed in cold blood during the attack in Haditha. Murtha said he had been briefed by the highest levels of the military about the case and that officers covered it up./ppChessani's attorneys, who released the ruling Wednesday, said they will appeal if the judge doesn't reconsider./ppChessani is the highest-ranking U.S. serviceman to face a combat-related court-martial since the Vietnam War./ppWhen the congressman said he was briefed by the highest levels, we need to know who they are, said Brian Rooney, Chessani's civilian defense attorney./ppRooney said Murtha's deposition would confirm what he said to the press is accurate./ppMurtha's spokesman, Matthew Mazonkey, said the congressman had no comment. A telephone call to a Marine Corps spokesman was not immediately returned./ppChessani has been charged with dereliction of duty and violation of a lawful order on allegations that he mishandled the aftermath of the Nov. 19, 2005, shooting deaths in Haditha./ppHe faces court-martial on April 28. If convicted on all counts, he faces up to three years in prison./ppFour enlisted Marines were initially charged with murder in the case and four officers were charged with failing to investigate the deaths. Charges against several of the men have been dropped, and none will face murder charges./p |
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District judge given probation in gun incident
Court News |
2008/03/05 14:19
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| pA former district judge pleaded no contest yesterday to carrying a concealed firearm without a license following an altercation with his father-in-law./ppSenior District Judge Donald H. Presutti, 60, of Kilbuck, was given nine months' probation for the misdemeanor violation. Allegheny County Judge Randal B. Todd ordered him to complete 120 hours of community service and anger management classes. The judge also prohibited him from contact with his father-in-law./ppRaymond Billotte, district court administrator for Common Pleas Court, said Mr. Presutti is not currently on call for arraignment judges' roster. He said President Judge Joseph James would be seeking counsel from the Administrative Office of Pennsylvania Courts as to how to proceed with Mr. Presutti's status since his plea./ppThe former judge admitted to police he had a 9 mm pistol tucked in his suit pocket when he was arrested Nov. 29, 2006, at West View Auto Body on Perry Highway./ppHe told officials he had the gun loaded, cocked and concealed because he was afraid of his father-in-law, Earl Quillen, whom he said had swung at him and grabbed him by the neck earlier at the auto body shop./p |
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Supreme Court to Release Same-Day Tapes
Court News |
2008/03/05 12:29
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| pThe Supreme Court announced yesterday that it will take the special step of releasing audiotapes of oral arguments on the same day that it hears a case challenging the District's gun law. /ppEvery argument before the justices is recorded, but the tapes normally are not available until well after the court's term has ended. But beginning in 2000, with the arguments in Bush v. Gore, the court has released same-day audiotapes in high-profile cases when there is substantial media interest. /ppBecause the court is not open to cameras, the audiotapes are the only recordings of the proceedings. /ppThe case of District of Columbia v. Heller, to be heard March 18, will be the court's first consideration of the meaning of the Second Amendment in nearly 70 years. Last year, a panel of the U.S. Court of Appeals for the D.C. Circuit ruled 2 to 1 that the District's ban on private handgun possession violated the amendment. /ppThe Supreme Court is being asked to decide whether the amendment protects an individual's right to own a firearm, and if so, what restrictions government may place on that right. It is one of the most prominent cases of the court's term. More than 60 organizations and individuals have filed amicus briefs to support the city or those challenging what is acknowledged as the nation's strictest gun control law. /ppThis term, the court released same-day audiotapes in two other important cases, one involving the rights of detainees at the Guantanamo Bay military prison and the other involving the constitutionality of lethal injections. /ppThe arguments in the gun control case are scheduled for 10 a.m. March 18. Each side will receive 30 minutes to present its case, and U.S. Solicitor General Paul D. Clement has been granted 15 minutes for the federal government's views. The tapes will be released soon after the proceedings. /ppClement's brief agrees with the law's challengers that the Second Amendment protects an individual's right to bear arms, but it argues that the appeals court too broadly decided the case against the District. It recommends that the case be returned to lower courts. /p |
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Ex-Westar execs want charges dismissed
Court News |
2008/03/05 11:27
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| pA federal appeals court has dealt a fatal blow to the prosecution's case against two former Westar Energy Inc. executives, and long-standing criminal charges against the two men should be dismissed, attorneys argued in motions filed Wednesday. /ppThe Tenth Circuit's January 2007 decision dramatically changed the landscape of the government's case, defense attorneys for former Westar Executive Vice President Douglas Lake said in their motion to dismiss. Patrick McInerney of Husch Blackwell Sanders LLP represents Lake. /ppDavid Wittig, former chairman of Topeka-based Westar (NYSE: WR), signed on with Lake's motion in U.S. District Court in Kansas, which argues that none of the 40 counts against the executives can stand after the appeals court's rejection of guilty verdicts on 24 of the counts. /ppThe first trial of Wittig and Lake ended in a mistrial in December 2004 after the jury couldn't agree on a verdict in the complex, 40-count trial. /p |
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