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Local at Law: Tuesday, January 8, 2008 - BLAIRSVILLE, Georgia - Monday, authorities found the body and remains of 24-year-old Meredith Emerson, a missing hiker just hours after a judge denied bond to the Gary Michael Hilton, 61. Hilton is accused of kidnapping her in the mountains of northern Georgia. Investigators were also examining whether the death and the disappearance of two elderly hikers in October in North Carolina were related. Bookmark: Crime Yahoo NEWS Law-Notes: Upcoming in 2008 - The Barrister's Local Election Review. More LawPedia Local at Law Links™. Sunday, December 17, 2006 - FAIRFAX, Virginia - Two of the most prominent and largest Episcopal parishes in Virginia voted overwhelmingly Sunday to leave The Episcopal Church and join fellow Anglican conservatives forming a rival religious denomination in the U.S. A lengthy and expensive legal fight could erupt over the Truro and Falls Church properties, which are worth millions of dollars. The Episcopal Church, the U.S. wing of the global Anglican Communion, has been under pressure from traditionalists at home and abroad since the 2003 consecration of the first openly gay bishop, V. Gene Robinson of New Hampshire. Wednesday, December 13, 2006 - STARKE, Florida - Angel Nieves Diaz, 55, convicted of murdering the manager of a topless bar nearly three decades ago was executed by injection Wednesday, appearing to grimace before dying 34 minutes after receiving the first of two doses of chemicals. The manner of his death will likely rekindle the argument that Florida's method of execution constitutes cruel and unusual punishment. Monday, December 11, 2006 - SACRAMENTO, California - On Monday, U.S. District Judge Lawrence Karlton gave California officials six months to ease crowding in the nation's largest prison system, warning that court-ordered remedies could include limiting the inmate population and releasing some prisoners early. Crowding in the California prison system that houses 173,000 inmates, is 70 percent more than its capacity. State officials and inmate attorneys agree the crowding causes problems including inmate deaths and dangerous conditions for guards. As a partial solution, Governor Schwarzenegger is looking to transfer 2,260 more inmates to other states. The state already sent 80 to a private Tennessee prison in early November and plans more transfers this month to facilities in Arizona, Indiana, and Oklahoma. Friday, December 8, 2006 - RIVERSIDE, California -- A local charity that collected more than $1 million for the families of five firefighters killed while battling a wind-driven mountain blaze, has now run into an apparent tax problem preventing it from giving the cash. United Way officials said they didn't consult with tax attorneys or the Internal Revenue Service at first, but have now learned that tax-exempt charitable organizations cannot raise money for a group as small and specific as the families of five firefighters. Tuesday, December 5, 2006 - SAN FRANCISCO - A divided federal appeals court ruled Tuesday that a private school in Hawaii can favor Hawaiian natives for admission as a means of helping a downtrodden indigenous population.The 8-7 decision by a 15-judge panel of the 9th U.S. Circuit Court of Appeals overturned an earlier ruling by three of the same judges that the Kamehameha Schools policy amounted to unlawful discrimination. Read the Complete Opinion - 12/05/06 04-15044 DOE v KAMEHAMEHA SCHOOLS [PDF file]. Friday, December 1, 2006 - HOLLYWOOD - Attorney Gloria Allred said that a retired judge, agreed upon by all parties, will mediate a sit-down dialogue and then determine whether comedian Michael Richards should take any additional action over an incident on November 17 during a stand-up performance. Management at the Los Angeles Laugh Factory comedy club where Richards shocked fans with a racist rant had demanded Richards pay $1 million to charity for every one of the 'N' words he used on stage. Richards is best known for playing Cosmo Kramer on the television show Seinfeld, which ran from July 5, 1989, to May 14, 1998, on NBC. Frank McBride and Kyle Doss, two of the men who were targeted by the outburst, said they were merely ordering drinks after arriving late to the comedy club, and not heckling. McBride and Doss, along with Patrick McLucas and another unidentified black woman, hired attorney Gloria Allred, to seek "monetary compensation" from Richards. Richards' publicist Howard Rubenstein says there are no plans to pay the men, although a cash settlement could be part of the resolution. A video of the incident available at the at YouTube website, has now been flagged for mature audiences. Monday, August 14, 2006 - NEW YORK - With a city-issued broom in hand, former Culture Club frontman Boy George started his court-ordered community service early Monday, sweeping leaves and trash off the sidewalks of New York. In less than an hour the George spatted with the media: "You think you're better than me?" he yelled. "Go home. Let me do my community service." Friday, August 4, 2006 - LOS ANGELES - For now, authorities won't release the video and audio recording of actor Mel Gibson's drunken driving arrest. The tapes fuel the controversy over his anti-Semitic tirade at a deputy who pulled him over on July 28, 2006. Sheriff's Department spokesman Steve Whitmore said, "They are part of the evidence, once everything is done and the case is wrapped up we certainly can revisit it." Gibson could avoid their release by cutting a deal before trial. In 2004, his film The Passion of the Christ was also criticized for alleged anti-Semitic imagery and overtones (see above). Gibson strongly denies that the film is anti-Semitic, but critics remain divided. In 1984, Gibson was arrested for drunk driving after he rear-ended a car in Toronto. According to Gibson biographer Wensley Clarkson, when the other driver exited his vehicle and began shouting profanity at him, Mel Gibson laughed and offered him a drink. He was fined $400 and banned from driving in Canada for 3 months. Wednesday, July 5, 2006 - JACKSONVILLE, Florida - Former Florida Corrections Secretary James Crosby, will plead guilty to a federal charge of accepting kickbacks, according to court documents filed Wednesday. Crosby, the head of Florida's prisons, was ousted amid a broad investigation of alleged criminal activity within the system. Crosby and former corrections department regional director Allen Clark are accused of accepting $130,000 from a subcontractor over 2 1/2 years ending in February, according to the documents filed in U.S. District Court. Thursday, April 27, 2006 - GRAND ISLAND, Nebraska - The last primary gubernatorial debate is scheduled in Nebraska on Sunday before the election on May 9, 2006. Gubernatorial candidate Tom Osborne is a "uniter, not a divider," according to running mate Kate Witek. State Auditor Kate Witek and Osborne's wife, Nancy, were in North Platte Thursday, April 6, 2006 as "Tom's Traveling Team," visiting with supporters and voters. The three Republican candidates for governor distanced themselves from President Bush on Saturday, April 1, 2006, at Grand Island, Nebraska, with Governor Dave Heineman delivering the harshest criticisms of Bush's leadership and the federal government. The candidates fielded questions from a panel of journalists at the annual Nebraska Associated Press Broadcasters Association. Sunday, March 26, 2006, the three Republican candidates for governor also separated themselves on immigration, water issues and economic development at Lincoln, Nebraska, in the second of six debates before the May 9 primary. The first debate was on March 19, 2006, at Omaha. Warren Buffett has agreed to oversee Tom Osborne’s proposed performance audit of Nebraska's state government agencies and programs if Osborne is elected governor. Osborne, the 3rd District congressman and former Nebraska football coach, is in a three-man race with Governor Dave Heineman and Omaha businessman Dave Nabity for the Republican nomination. Buffett said he plans to temporarily change his party registration from Democratic to Republican so he can vote for Osborne in this May’s GOP primary election. Tom Osborne for Governor. At least four more debates are planned in advance of the May 9, 2006, primary (April 12 – North Platte; April 19 – Norfolk; April 24 – Scottsbluff/Gering; April 30 – Grand Island). Lincoln attorney and businessman David Hahn and Ashland truck driver Glenn Boot Jr. are the Democratic candidates for governor. The 2006 Nebraska gubernatorial election will be held on November 7, 2006. United States gubernatorial elections, 2006. Friday, March 10, 2006 - BIRMINGHAM, Alabama - A judge will hear the case against three suspects held in the Alabama church bombings today. Three suspects are in custody after being arrested Wednesday for a series of rural Alabama church fires. Two of the suspects were identified as Benjamin Nathan Moseley and Russell Lee DeBusk Jr., both 19-year-old students at Birmingham-Southern College. Matthew Lee Cloyd, a 20-year-old junior at the University of Alabama at Birmingham, was also arrested. According to federal agent Walker Johnson, the arson attacks apparently began when the three got into Cloyd's sport utility vehicle for a night of deer shooting in Bibb County on February 2. Moseley told federal agents that the three set fire to five Baptist churches in the early morning hours of February 3, 2005, as an escalating series of pranks that got out of hand. Wednesday, March 8, 2006 - SAN BERNARDINO, California - Deputy Sheriff Ivory J. Webb, 45, will be arraigned today on charges of attempted voluntary manslaughter (a felony) according to San Bernardino County District Attorney Michael A. Ramos. If convicted, Webb could face up to 18 1/2 years in prison. He was videotaped shooting Air Force Senior Airman Elio Carrion, 21, an unarmed Iraq War veteran after a car chase. The videotape taken by a bystander showed Carrion on the ground next to the car with Webb standing and pointing a gun at him. The deputy sheriff appears to order Carrion to rise, but when he began complying, Webb shot him three times, in the chest, shoulder and thigh. Carrion, an Air Force security officer just back from Iraq, was a passenger in a Corvette that police chased at high speed on the night of January 29, 2006. The incident happened after the car crashed into a wall in Chino, about 45 miles east of Los Angeles. Carrion was hospitalized for several days. No weapons were found on Carrion or the driver, Luis Escobedo. Escobedo will be charged with a felony of attempting to evade a peace officer while driving recklessly and misdemeanor driving under the influence. He is expected to surrender Wednesday, and if convicted his maximum penalty would be 3 1/2 years in prison. Friday, March 3, 2006 - SAN DIEGO, California - Former U.S. Congressman Randy "Duke" Cunningham was sentenced by U.S. District Court Judge Larry Burns in San Diego on Friday to eight years and four months in prison. Cunningham pleaded guilty last year to taking $2.4 million in bribes, and was also ordered to pay $1.8 million in restitution. It was the longest prison sentence ever given a U.S. congressman, four months more than the eight-year sentence given in 2002 to Ohio Democrat James Traficant for bribery, tax evasion and racketeering. Thursday, March 2, 2006 - NEW ORLEANS - Controversy continued over video tape footage released yesterday that shows federal disaster officials warned President Bush and his homeland security chief Michael Chertoff before Hurricane Katrina struck. Bush and Chertoff are shown with knowledge that the storm could breach levees, put lives at risk in New Orleans' Superdome and overwhelm rescuers. With the President out of town though, the White House and Homeland Security Department urged the public Wednesday not to read too much into the video footage. Thursday, February 23, 2006 - NEW YORK - On Thursday, New York authorities charged four men with illegally harvesting and selling tissue from 1,077 dead people in the past four years, possibly including the remains of British broadcaster Alistair Cooke. The men (former dentist Michael Mastromarino, Lee Crucetta and Christopher Aldorasi), including the chief executive of a company that sold human tissue for medical implants (funeral home operator Joseph Nicelli), were indicted on charges including conspiracy, unlawful dissection and forgery. Brooklyn District Attorney Charles Hynes said the men, working with a Brooklyn funeral home, got bones and organs from the bodies of people who were not organ donors, and the tissue was then sold via legitimate medical channels for use in procedures like hip replacements. Thursday, February 23, 2006 - WEST PALM BEACH, Florida - An examination of Palm Beach County's electronic voting machine records from the 2004 election found possible tampering and thousands of malfunctions and errors, watchdog group BlackBoxVoting.org said Thursday. The group has argued that the presidential election could have been impacted. Black Box had sued former Palm Beach County (FL) Supervisor of Elections Theresa LePore to get the audit records for the 2004 presidential election. Wednesday, February 22, 2006 - MORGANTOWN, West Virginia - A former Sago Mine foreman, Robert L. Dennison, was indicted Tuesday on federal charges that he falsified inspection reports at the mine in 2004 and was never certified as a miner or mining foreman. The charges are not related to the January 2, 2006, explosion that led to the deaths of 12 miners. Thursday, February 16, 2006 - WASHINGTON - The national non-profit conservation organization American Rivers announced its support yesterday for legislation by Senators Russ Feingold (D-Wis.) and John McCain (R-Ariz.) that would protect communities, taxpayers, and the environment from ill-conceived water projects. The Water Resources Planning and Modernization Act of 2006 could overhaul flaws in the process that the U.S. Army Corps of Engineers uses to plan and build the nation's water projects. Tuesday, February 14, 2006 - BALI, Indonesia - An Australian man, Andrew Chan 22, was sentenced to death by firing squad Tuesday for leading a drug smuggling ring from Indonesia's resort island of Bali. Chan's verdict (with that of another Australian facing the same charge) was being closely watched in Australia which enjoys more liberal drug laws. The pair were accused of leading seven other Australians in a foiled operation to transport 18 pounds of heroin from Bali to Australia last April. Monday, February 13, 2006 - SAN FRANCISCO - Netflix renters have accused Netflix Inc.'s online DVD rental service of engaging in a little-known practice, called "throttling", meaning Netflix customers who pay the same price for the same service are often treated differently, depending on their rental patterns. One customer said the company's automated system identified him as a heavy renter and began delaying his shipments to protect its profits. Netflix has denied the allegations, but revised its terms of use to acknowledge its different treatment of frequent renters. A September 2004 lawsuit exposed the throttling issue with a complaint filed by Frank Chavez on behalf of all Netflix subscribers. Without acknowledging wrongdoing, the company agreed to provide a one-month rental upgrade and pay Chavez's attorneys $2.5 million, but protests over the settlement prompted the two sides to reconsider. A hearing on a revised settlement proposal is scheduled for February 22, 2006 in San Francisco Superior Court. Thursday, February 9, 2006 - TALLAHASSEE, Florida - Two Florida lawmakers said Thursday that a videotape shows guards brutally beating a boy at a military-style boot camp for juvenile delinquents not long before the teenager died. Martin Lee Anderson, 14, died January 6, 2006, at a Pensacola hospital, a day after he had entered the camp because of an arrest for theft. State Rep. Gus Barreiro, a Republican, and state Rep. Dan Gelber, a Democrat, were accused by other Florida authorities of overreacting to a volatile situation. Tuesday, February 7, 2006 - CHARLESTON, West Virginia - The State of West Virgina's mine safety director, Doug Conaway age 51, said Tuesday that he plans to resign. His announcement comes after more than 20 years in state government, and less than a week after West Virginia recorded its 15th and 16th coal-related fatalities this year. Conaway was appointed director of the state mining office in 2001 by former Governor Bob Wise, after starting with the state as an underground mine inspector in 1985. Thursday, February 2, 2006 - GOLETA, California - Authorities are still investigating the attack Monday night by a former postal worker. The 44-year-old woman, identified as Jennifer Sanmarco of Grants, New Mexico, had been put on medical leave for psychological problems. Monday night she shot five people to death (opening fire with a 9 mm handgun, and reloading at least once) at a large mail-processing center and then killed herself. One wounded woman, Charlotte Colton, 44, was initially hospitalized in critical condition after being shot in the head, but died later. Sheriff's identified yet another victim who had been shot earlier at another location. The post office attack was believed to be the nation's deadliest workplace shooting ever carried out by a woman. Monday, January 30, 2006 - DE QUEEN, Arkansas - A woman accused of murdering her three children was distraught over the breakup of her marriage and may have fed the youngsters pesticide before smothering them, police said Monday. Eleazar Paula Mendez, 43, was escorted from the Sevier County courtroom after she pleaded innocent to three counts of murder. She was jailed without bail and placed under a suicide watch, while the judge meanwhile ordered a psychological evaluation.
Wednesday, January 25, 2006 - LAKE BUTLER, Florida - Seven children riding alone in a car (ranging in age from 15 years to 21 months and all related) were killed Wednesday in a fiery crash. The 15-year-old was driving illegally with only a learner's permit, but did not appear to cause the accident. Their vehicle was crushed between a truck and a stopped school bus, when the truck hit the car from behind and pushed it into the bus, causing the car to burst into flames. Along with Nicky Mann, the driver, who was Barbara and Terry Manns' biological child, and soon-to-be-adopted Anthony Lamb, the other victims were identified by authorities and friends as three children adopted by the Manns — Elizabeth, 15; Johnny, 13; and Heaven, 3 — and the couple's nieces, Ashley Keen, 13, and Miranda Finn, 8. According to state officials, the trucker was cited in 2000 for driving with a suspended license and again, in both 2000 and 2001, for operating a vehicle in unsafe condition. Lake Butler is located in in rural northern Florida. At least three children on the bus were also seriously injured. The National Highway Traffic Safety Administration which is investigating the accident, reports that fatal accidents involving school buses are relatively rare. Only seventy-one passengers and forty-two drivers have been killed since 1994 in school vehicles — an average of about 10 people per year. Tuesday, January 24, 2006 - GERMANTOWN, Maryland - A seven-year-old girl was shot in the arm at a day-care center Tuesday after an eight-year-old classmate brought in one of his father's guns that accidentally went off. Authorities said the father (John L. Hall, of Germantown) was arrested for gun offenses, and court documents outlined an extensive criminal record. Thursday, January 19, 2006 - FALL RIVER, Mass. - Opponents of a liquefied natural gas import terminal in the heart of Fall River, Massachusetts, said they would ask a federal court to block the project. The announcement by state and local officials came after federal regulators in Washington D.C. said Thursday they won't reconsider their approval of the project, which is the the focus of one of the most contentious debates over LNG development in the country. Monday, January 16, 2006 - LONGWOOD, Florida - A family attorney for the parents of 15-year-old Christopher Penley of Winter Springs, announced over the weekend that the family had warned authorities the weapon was likely fake before police shot him in a middle school bathroom. The student was accused of pulling a pellet gun in a classroom last week Friday and pointing it at other students. A SWAT team member shot him when he later raised the weapon at a deputy, authorities said. Penley was clinically brain dead Saturday, said family attorney Mark Nation.
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