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Lawyers for Boston Marathon suspect due in court
Topics in Legal News | 2014/02/10 15:07
Federal prosecutors and lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev will be in court this week for the first time since U.S. Attorney General Eric Holder authorized prosecutors to seek the death penalty against Tsarnaev.

A status conference is scheduled Wednesday in U.S. District Court.

The 20-year-old Tsarnaev is charged with carrying out a terrorist attack that killed three people and injured more than 260. Prosecutors say he and his older brother, Tamerlan Tsarnaev, built pressure cooker bombs, then placed them near the finish line of the marathon last April 15.

Prosecutors announced Jan. 30 that they will seek the death penalty against Tsarnaev. He has pleaded not guilty to a 30-count federal indictment.

Tamerlan Tsarnaev died following a shootout with police.


Judge finds Citgo guilty of Clean Air Act felonies
Law Firm Press Release | 2014/02/06 16:33
A South Texas judge has fined Citgo Petroleum more than $2 million after finding it guilty of felony violations of the U.S. Clean Air Act by its Corpus Christi refinery.

U.S. District Judge John Rainey handed down his verdict and punishment Wednesday in Corpus Christi.

Dozens of residents near Citgo's Corpus Christi refinery testified that they were sickened by pollution from the refinery. The Corpus Christi Caller-Times reports prosecutors accused the Venezuelan-owned company of not installing roofs on two oil-water separator tanks the company operated between 1994 and 2003.

Dick DeGuerin of Houston, who represented Citgo, said the company will appeal the conviction.

Melissa Jarrell, a Texas A&M-Corpus Christi associate criminal justice professor, predicted the verdict could prompt other air pollution victims to seek similar prosecutions elsewhere.


Teens charged in death of Australian due in court
Topics in Legal News | 2014/02/06 16:32
Three teenagers accused of fatally shooting an Australian baseball player as he jogged down an Oklahoma street, allegedly because they were bored, are expected in court Tuesday for a hearing that could reveal details about the case.

Police allege that Chancey Allen Luna and James Francis Edwards Jr., who are both 16, and Michael Dewayne Jones, 18, randomly targeted and shot Chris Lane last summer. Each teenager is charged with first-degree murder.

Lane's death garnered heavy media coverage in both the U.S. and Australia, prompting the judge to issue a gag order barring anyone involved from talking about the case outside court. That means little information has been released since the 22-year-old Melbourne native was shot in the back and died in August.

But investigators have said Lane was shot while jogging down a tree-lined street near the home of his girlfriend's parents in Duncan, about 80 miles south of Oklahoma City. He and his girlfriend had just returned to Oklahoma after visiting Australia, and he was preparing for his senior season playing catcher at East Central University in Ada, about 90 miles east of Duncan.


SC Supreme Court to rule on public autopsy reports
Top Court Watch | 2014/02/03 16:04
South Carolina's Supreme Court will begin grappling with that question Wednesday, when it hears a lawsuit by a Sumter County newspaper against the county's coroner.

The Item newspaper wants the high court to toss out a lower court's ruling that said autopsies do not have to be made public because they do not fall under the state's Freedom of Information Act.

The coroner says autopsies should be considered medical records that are exempt from public view. The newspaper says autopsy reports are investigative tools, not medical records.

Open records advocates say the Sumter County case is an example of government officials making it harder to get public documents.

It's a debate that is far from settled nationally. About 15 states across the U.S. allow the public release of an autopsy report. About a half-dozen other states allow the release of reports not being used as part of a criminal investigation. The rest severely restrict what's released or don't give any information from the reports, according to the Reporters Committee for Freedom of the Press.

Keeping autopsy records secret closes off an important tool to make sure police agencies do the right thing when they investigate deaths, especially people shot and killed by officials or who die in custody, said Frank LoMonte, executive director of the Student Press Law Center.

"There is any number of cases over the years where journalist watchdogs have been able to shed light on suspicious circumstances only by having access on those records," LoMonte said. "And those records don't just show culpability, they can clear someone, too."


SC Supreme Court to rule on public autopsy reports
Top Court Watch | 2014/02/03 16:04
South Carolina's Supreme Court will begin grappling with that question Wednesday, when it hears a lawsuit by a Sumter County newspaper against the county's coroner.

The Item newspaper wants the high court to toss out a lower court's ruling that said autopsies do not have to be made public because they do not fall under the state's Freedom of Information Act.

The coroner says autopsies should be considered medical records that are exempt from public view. The newspaper says autopsy reports are investigative tools, not medical records.

Open records advocates say the Sumter County case is an example of government officials making it harder to get public documents.

It's a debate that is far from settled nationally. About 15 states across the U.S. allow the public release of an autopsy report. About a half-dozen other states allow the release of reports not being used as part of a criminal investigation. The rest severely restrict what's released or don't give any information from the reports, according to the Reporters Committee for Freedom of the Press.

Keeping autopsy records secret closes off an important tool to make sure police agencies do the right thing when they investigate deaths, especially people shot and killed by officials or who die in custody, said Frank LoMonte, executive director of the Student Press Law Center.

"There is any number of cases over the years where journalist watchdogs have been able to shed light on suspicious circumstances only by having access on those records," LoMonte said. "And those records don't just show culpability, they can clear someone, too."


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