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Teen changes plea to guilty in deaths of mother, stepfather
Legal Opinions | 2016/03/16 22:39
A northern Wisconsin woman changed her plea to guilty Friday in the slaying of her mother and stepfather in a deal that has prosecutors recommending a 40-year prison sentence.

Ashlee Martinson, who was 17 at the time of the March 2015 killings, faces two counts of second-degree homicide, USA Today Network-Wisconsin reported. She had earlier pleaded innocent by reason of insanity in the killings at the family's home near Three Lakes.

According to court records filed Friday, Martinson told police she shot her stepfather, 37-year-old Thomas Ayers, in the neck and head. She then went to her mother, 40-year-old Jennifer Ayers, for solace, but her mother first tried to aid her husband, then armed herself with a knife to confront Martinson.

Martinson wrestled the knife from her mother and stabbed her more than 30 times. She then went downstairs and turned the family TV to show cartoons to her three sisters, ages 2 to 9. After showering, Martinson confined the younger girls in a room before fleeing to Indiana with her boyfriend, documents show.

Court documents say the Ayerses were killed the same day they warned Martinson's 22-year-old boyfriend to stay away from her because she was a minor.

Martinson told authorities she had been mentally and verbally abused by her stepfather and had seen him physically abuse her mother and siblings, according to court records.

The assessment also said Martinson had suffered from depression on and off since age 8, gaining in intensity at age 15. Martinson's sentencing is set for June 17.


Pound: Sharapova guilty of 'willful negligence' in drug test
Top Court Watch | 2016/03/15 22:39
Maria Sharapova was guilty of "willful negligence" for using meldonium, and international tennis officials were aware that many players were taking the drug before it was banned this year, former World Anti-Doping Agency president Dick Pound said Wednesday.

Pound told The Associated Press that Sharapova could face a ban of up to four years unless she can prove mitigating circumstances to explain her positive test for meldonium at the Australian Open in January.

Meldonium, a Latvian-manufactured drug designed to treat heart conditions, was added to the World Anti-Doping Agency's banned list on Jan. 1 after authorities noticed widespread use of the substance among athletes.

In announcing her positive test at a news conference in Los Angeles on Monday, Sharapova said she had been using the drug for 10 years for various medical issues. The five-time Grand Slam champion and world's highest-earning female athlete said she hadn't realized meldonium had been prohibited this year, taking full responsibility for her mistake.

"An athlete at that level has to know that there will be tests, has to know that whatever she or he is taking is not on the list, and it was willful negligence to miss that," Pound said. "She was warned in advance I gather. The WADA publication is out there. She didn't pay any attention to it. The tennis association issued several warnings, none of which she apparently read."



Connecticut's top court hears Kennedy cousin murder case
Law & Court News | 2016/02/26 11:37
Connecticut's highest court was hearing arguments Wednesday on whether Kennedy cousin Michael Skakel should get a new trial or be sent back to prison for a 1975 murder.

State prosecutors asked the state Supreme Court to reinstate the 2002 murder conviction against Skakel in the bludgeoning death of Martha Moxley when they were teenage neighbors in wealthy Greenwich.

Skakel, a nephew of Robert F. Kennedy's widow, Ethel, was freed on $1.2 million bail in 2013 when a lower court judge ordered a new trial after finding that Skakel's trial attorney failed to adequately represent him. He had been sentenced to 20 years to life in prison.

Skakel, 55, was seated in the gallery of the courtroom for the hearing, as was his cousin Robert F. Kennedy Jr.

Judge Thomas Bishop ruled that Skakel likely would have been acquitted if his trial lawyer, Michael Sherman, had focused more on his brother Thomas Skakel. Sherman has defended his work on the case.

Prosecutors are appealing Bishop's decision to the Supreme Court.

Thomas Skakel was an early suspect in the case, because he was the last person seen with Moxley and admitted he had a sexual encounter with her.

But prosecutors have said that highlighting Thomas Skakel's relationship with Moxley would have bolstered their argument that Michael Skakel killed her in a jealous rage.



Texas court tosses criminal case against former Gov. Perry
Top Court Watch | 2016/02/25 11:37
The felony prosecution of former Texas Gov. Rick Perry ended Wednesday when the state's highest criminal court dismissed an abuse-of-power indictment that the Republican says hampered his short-lived 2016 presidential bid.

The 6-2 decision by the Texas Court of Criminal Appeals, which is dominated by elected Republican judges, frees Perry from a long-running criminal case that blemished the exit of one of the most powerful Texas governors in history and hung over his second failed run for the White House.

A grand jury in liberal Austin had indicted Perry in 2014 for vetoing funding for a public corruption unit that Republicans have long accused of wielding a partisan ax. The unit worked under Travis County District Attorney Rosemary Lehmberg, an elected Democrat. Perry wanted her to resign after she was convicted of drunken driving.

Perry was accused of using his veto power to threaten a public official and overstepping his authority, but the judges ruled that courts can't undermine the veto power of a governor.

"Come at the king, you best not miss," Republican Judge David Newell wrote in his concurring opinion, quoting a popular line from the HBO series "The Wire."

Perry has been campaigning for Republican presidential candidate Ted Cruz since becoming the first major GOP candidate to drop out of the race last year. He conceded to reporters in Austin on Wednesday that the indictments hurt his candidacy but didn't dwell on the impact, and said he would veto the same funding again if given the chance.

"I've always known the actions I took were not only lawful and legal, they were right," said Perry, who spoke at the headquarters of an influential Texas conservative think tank, which has previously christened its balcony overlooking downtown as the "Gov. Rick Perry Liberty Balcony."

The court said veto power can't be restricted by the courts and the prosecution of a veto "violates separations of powers." A lower appeals court had dismissed the other charge, coercion by a public servant, in July.

Perry had rebuked the charges as a partisan attack from the start, calling it a "political witch hunt," but the dismissal brought accusations of Republican judges doing a favor for a party stalwart. Texans for Public Justice, a left-leaning watchdog group that filed the original criminal complaint that led to the indictment, said Perry was handed a "gift" based on his stature.


Court records: Apple's help sought in another iPhone case
Legal Blog News | 2016/02/25 11:37
A federal magistrate in Chicago last November ordered Apple to help federal prosecutors access data on an iPhone in a personal bankruptcy and passport fraud case, one of more than a dozen cases around the country similar to the legal battle over the telephone of one of the San Bernardino shooting suspects.

Court records show U.S. Attorney Zachary Fardon filed a November 2015 motion saying law enforcement needed Apple's help to bypass the passcode to search, extract and copy data from an iPhone 5S owned by Pethinaidu and Parameswari Veluchamy, the Chicago Tribune reported.

An affidavit filed Nov. 13 said text messages, phone contacts and digital photos might help confirm wrongdoing. It also said data on the phone "may also provide relevant insight into the cellphone owner's state of mind as it relates to the offense under investigation."

The Chicago Sun-Times reported that U.S. Magistrate Judge Mary Rowland's order said Apple should provide authorities "reasonable technical assistance to enable law enforcement agents to obtain access to unencrypted data" She added Apple "may provide a copy of the encrypted data to law enforcement, but Apple is not required to attempt to decrypt, or otherwise enable law enforcement's attempts to access any encrypted data."



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