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Jury: Oregon car-bomb suspect guilty of terrorism
Top Court Watch |
2013/02/01 15:16
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Three hours before they handed down a sentence that could put an Oregon man in prison for life, deliberating jurors sent a note to a trial judge with a question.
Did the man whose fate they were deciding need to have envisioned the specific crime for which he was accused? Or did he merely need to be inclined toward some kind of terroristic act?
Their question more broadly reflects the central debate at the heart of the trial of Mohamed Mohamud, a 21-year-old Somali-American found guilty on Thursday of attempting to bomb a Portland Christmas tree-lighting in November 2010.
Prosecutors were met by a claim of entrapment by Mohamud's defense team, and needed to convince jurors that he was predisposed to terrorism by the time an FBI informant began discussing radical jihad with him over emails.
The judge, Garr King, told jurors Thursday that Mohamud only had to be likely to commit the offense or one like it, and he did not specifically have to be thinking about a bomb at the specific time and place at which he and two undercover FBI agents decided to plant one.
The bomb was a fake, supplied by the agents posing as jihadis.
Jurors were given starkly different portraits of the man who was 17 when the FBI began to focus on him. In the prosecution's description, Mohamud was a powder keg in search of a spark, an angry teenager with the right combination of anti-Western sentiment and a plausible cover story as an Oregon college student. |
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High court to hear appeal in case of jilted woman
Law & Court News |
2013/01/19 11:17
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The Supreme Court will hear an appeal from a jilted woman who was convicted under an anti-terrorism law for spreading deadly chemicals around the home of her husband's mistress. The justices said in an order Friday that they will revisit the case of Carol Anne Bond, a Pennsylvania woman who was given a six-year prison term for violating a federal law involving the use of chemical weapons. In 2011, the court unanimously sided with Bond to allow her to challenge her conviction despite arguments from federal prosecutors and judges that she shouldn't even be allowed to appeal the verdict. Lower courts subsequently rejected the appeal. Bond, from Lansdale, Pa., near Philadelphia, says she is in prison over a domestic dispute that resulted in a thumb burn for a onetime friend who became her husband's lover. Bond was convicted in federal court of trying to poison the woman by spreading toxic chemicals around her house and car and on her mailbox. Her argument is that the case should have been dealt with by local authorities, as most crimes are. Instead, a federal grand jury indicted her on two counts of possessing and using a chemical weapon. The charges were based on a federal anti-terrorism law passed to fulfill the United States' international treaty obligations under the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. |
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Lawyer questions memory of Philadelphia accuser
Topics in Legal News |
2013/01/18 11:17
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A longtime heroin addict whose complaint helped imprison a Philadelphia archdiocese official came under attack Wednesday, as jurors in a priest-abuse trial learned that he had given three different locations for one alleged rape. Defense lawyers questioning the gaunt, 24-year-old policeman's son poked several holes in his accounts, some of which he attributed to years of heavy drug use. The man said he as "semi-comatose ... but standing" when he first spoke with a church investigator in 2009. The witness, with prompting from a counselor, had called the archdiocese from a drug clinic, ultimately reporting that two Roman Catholic priests and ex-teacher Bernard Shero had sexually assaulted him in about 1999. Shero, 49, of Levittown, and the Rev. Charles Engelhardt, 66, of Wyndmoor, are on trial, fighting the charges. Now-defrocked priest Edward Avery is in prison after pleading guilty. During cross-examination Wednesday, Shero's lawyer said the accuser has said over the years that the teacher raped him in his sixth-grade classroom, near a trash bin outside an apartment complex and in the parking lot of a city park. The accuser explained that he was high when he spoke to the church investigator in a car outside his parents' house, and doesn't remember much of the conversation. His drug habit at times reached 15 to 20 bags of heroin a day, the young man acknowledged. |
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Egyptian appeals court orders Mubarak retrial
Law Firm Blog News |
2013/01/16 22:11
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A Cairo appeals court on Sunday overturned Hosni Mubarak's life sentence and ordered a retrial of the former Egyptian president for failing to prevent the killing of hundreds of protesters during the 2011 uprising that toppled his regime.
The ruling put the spotlight back on the highly divisive issue of justice for the former leader — and his top security officers — in a country has been more focused on the political and economic turmoil that has engulfed the country for the past two years.
Mubarak, who is currently being held in a military hospital, will not walk free with Sunday's court decision— he will remain in custody while under investigation in an unrelated case. The 84-year-old ex-president was reported last year to have been close to death, but his current state of health is unknown.
A small crowd of Mubarak loyalists in the courtroom erupted with applause and cheers after the ruling was read out. Holding portraits of the former president aloft, they broke into chants of "Long live justice." Another jubilant crowd later gathered outside the Nile-side hospital where Mubarak is being held in the Cairo district of Maadi, where they passed out candies to pedestrians and motorists.
The relatively small crowds paled in comparison to the immediate reaction to his conviction and sentencing in June, when thousands took to the streets, some in celebration and others in anger that he escaped the death penalty. Sunday's muted reaction could indicate that the fate of Egypt's ruler of nearly three decades may have in some ways been reduced to a political footnote in a country sagging under the weight of a crippling economic crisis and anxious over its future direction. |
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Top court orders Italian marines tried in India
Legal Opinions |
2013/01/15 11:17
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India's Supreme Court ruled Friday that two Italian marines accused of killing a pair of fishermen off the coast of India last year will be tried in a special court to be set up by the Indian government. Italy had argued that the shootings should be dealt with by an Italian court and said the killings took place in international waters, which India disputes. The trial is expected to further strain ties between Italy and India that have been frayed by the yearlong fight over the marines' fate. Top Italian officials have visited the marines, Massimiliano Latorre and Salvatore Girone, at a guesthouse in the southern state of Kerala to lend their support and the Indian government allowed them to go home for two weeks to celebrate Christmas with their families. The marines were part of a military security team aboard a cargo ship when they opened fire on a fishing boat last February they said they mistook for a pirate craft and killed two Indian fishermen. The court ruled Friday that the trial should take place in India in a special court to be set up by the central government in consultation with the chief justice, according to the Press Trust of India. The order removed the case from the jurisdiction of the southern state of Kerala, near where the shooting took place. |
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