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Thai court sentences migrants to death in murder of British backpackers
Law & Court News | 2015/12/21 17:07
A Thai court on Thursday sentenced two Myanmar migrants to death for the murder of two British backpackers on a resort island last year, in a case that raised questions about police competence and the treatment of migrant workers in Thailand.

Human Rights Watch called the verdict "profoundly disturbing," citing the defendants' accusations of police torture that were never investigated and questionable DNA evidence linking them to the crime.

Win Zaw Htun and Zaw Lin, both 22, have denied killing David Miller, 24, and raping then murdering Hannah Witheridge, 23, last year on the island of Koh Tao. Their defense attorney said they planned to appeal.

Miller and Witheridge's battered bodies were found Sept. 15, 2014, on the rocky shores of Koh Tao, an island in the Gulf of Thailand known for its white sand beaches and scuba diving. Autopsies showed that the young backpackers, who met on the island while staying at the same hotel, suffered severe head wounds and that Witheridge had been raped.

The killings tarnished the image of Thailand's tourism industry, which was already struggling to recover after the army staged a coup just months earlier in May 2014 and then imposed martial law.



High Court rules against Northern Ireland's abortion law
Law & Court News | 2015/11/30 22:22
A Belfast High Court ruling is expected to ease Northern Ireland's strict anti-abortion laws to make it easier for women to terminate pregnancies in some cases.

Abortions are illegal in Northern Ireland except in extreme cases when a woman's life is deemed at risk from her pregnancy. Judge Mark Horner said Monday that certain prohibitions violate the provisions of the European Convention on Human Rights — cases where a fetus has fatal abnormalities or when a woman became pregnant as a result of sexual crimes like rape or incest.

John Larkin, attorney general for Northern Ireland, said he was "profoundly disappointed" by the court's ruling and said he is studying grounds for a possible appeal.

Northern Ireland is part of the United Kingdom, but it has much more restrictive abortion laws than the other regions.

Judge Horner said the present law making it illegal for a mother to terminate her pregnancy where her fetus cannot survive independently once it leaves the womb constitutes a "gross interference with her personal autonomy." He said in such cases "there is no life to protect."

Horner also said the existing law is unfair to victims of sexual crimes who become pregnant.



Attorney General Eric Schneiderman names 2 chief deputies
Law & Court News | 2015/11/26 22:21
New York's attorney general has appointed two longtime lawyers as chief deputies responsible for criminal prosecutions and civil litigation.

Attorney General Eric Schneiderman says Jason Brown previously headed the Criminal Division of the U.S. Attorney's Office in Brooklyn. He has been a partner at Ropes & Gray, a global law firm headquartered in Boston.

He will head the attorney general's criminal prosecutions starting in January.

Janet Sabel has been promoted from her former position as first deputy attorney general of affirmative litigation. She joined Schneiderman's office in 2011.

She is the former general counsel and chief administrative officer of the Legal Aid Society.



Lawyer: Don't judge Chicago officer based on shooting video
Law & Court News | 2015/11/25 22:21
An attorney for a white Chicago police officer who shot a black teenager 16 times says his client acted lawfully and urges the public not to rush to judgment based solely on a video of the shooting that's to be released within days.

Attorney Dan Herbert told reporters Friday that Officer Jason Van Dyke is — in his words — "scared to death." Herbert says the officer is concerned about the safety of his wife and two school-age children in the event the video prompts violence.

A judge on Thursday ordered the city to release squad car dashcam video of 17-year-old Laquan McDonald's 2014 shooting.

Herbert says the video doesn't capture the whole confrontation.

Van Dyke has been stripped of his police powers, but remains at work on desk duty.



Perry's indictment in hands of top Texas criminal court
Law & Court News | 2015/11/19 21:59
Attorneys for former Texas Gov. Rick Perry urged the state's highest criminal court Wednesday to dismiss felony abuse-of-power charges that the Republican blames in part for foiling his short-lived 2016 presidential run.

After two hours of arguments, the Texas Court of Criminal Appeals gave no timetable for ruling whether Perry should face trial in the case that has dragged on since August 2014 — about five times longer than his second unsuccessful White House bid.

Perry didn't attend the crowded hearing in a courtroom behind his old Texas Capitol office, but his high-powered lawyers told judges that enough was enough.

"The danger of allowing a prosecutor to do this is mind-boggling," Perry attorney David Botsford said.

Perry is accused of misusing his power in 2013 when he vetoed funding for local prosecutors after Travis County District Attorney Rosemary Lehmberg, an elected Democrat, refused calls to resign following a drunken driving arrest. He was indicted a year later by a grand jury in liberal Austin and faces up to life in prison if convicted.

Perry has denounced the charges as a partisan attack. But in a lively back-and-forth with an eight-judge panel, all but one of whom is an elected Republican, Perry's legal team didn't raise claims of political retribution and instead framed the veto as a rightful constitutional power.

Special prosecutors say that's for a trial to determine — and not for the court to settle now. Judges met that with a tone of skepticism, with Republican Judge Kevin Yeary pressing at one point whether going through with a trial would be "wasting everyone's time."

Perry was originally indicted on two counts, but a lower court has already thrown out the other charge of coercion of a public servant. Prosecutors are asking the court to not only order a trial on the remaining charge but also reinstate the other one.



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