Category: Courts

Pennsylvania Justice Identified In Pornographic Email Scandal

1412352742898_wps_1_Justice_Seamus_P_McCafferThere is a growing scandal over pornographic emails that has now snared a State Supreme Court Justice. There has been an ongoing investigation over pornographic emails being shared by employees at the attorney general’s office. That investigation has led to the disclosure of 54 emails sent from Justice Seamus McCaffery’s personal Comcast email address to an employee at the State Attorney General’s Office. In those emails were a reported 8 pornographic images and videos.
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Banks Have the Federal Prison System Handcuffed

department of treasury

Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

I have written in the past about our large financial institutions and their uncanny ability to break the law and escape any criminal penalties at the corporate or personal level.  If the Department of Justice had actually indicted a Bank of America official and procured a criminal conviction, that Bank of America official could have assisted the corporate office in their no-bid contract to handle all of the federal prison systems inmate financial services and email services.

“A few blocks north, however, at the New York Metropolitan Correctional Center, there exists a market that Bank of America has locked down, literally. For the 790 federal prisoners incarcerated at MCC, Bank of America controls the provision of money transfers, e-messaging and some telephone services.

The bank’s monopoly extends across the federal Bureau of Prisons system—121 institutions housing 214,365 inmates. Since 2000, Bank of America has collected at least $76.3 million for its work on the program.” Readersupportednews  That would be $76.3 Million dollars in the Bank of America coffers without any need or worry about having to compete for this latest sweetheart deal.  Continue reading “Banks Have the Federal Prison System Handcuffed”

Montana Teacher Convicted Over Child Rape Resentenced After Public Outcry Of Original Thirty One Day Jail Term

b>Submitted by Darren Smith, Weekend Contributor

Stacey Dean Rambold
Stacey Dean Rambold

We previously reported HERE and HERE what many believe to be a grave miscarriage of justice where Montana School Teacher Stacey Dean Rambold was sentenced to Fifteen Years in prison with all but thirty one days suspended after being convicted of the child rape of a fourteen year old student. The victim later committed suicide.

After a public outcry and pressure placed upon the former judge and the prosecutor’s office Judge Randal Spaulding resentenced Rambold, this time to 15 years in prison, with five years of suspended, according to a prosecutor in the case. The court remanded Rambold to custody. He will receive credit for time served under his original sentence.

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Defendant Having Satanic Appearance Convicted Of Murder And Kidnapping

Submitted by Darren Smith, Weekend Contributor

Caius Veiovis
Caius Veiovis

We previously discussed HERE the case of Caius Veiovis, a murder trial defendant having satanic tattoos and horn-like bumps implemented on his face. The trial raised questions as to whether his appearance might be prejudicial to a jury.

A Springfield Massachusetts jury found Caius guilty after six days of deliberation. The verdict included findings of guilt for kidnapping and intimidation of a witness.

After the reading of the verdict, Caius yelled to the jury, “I’ll see you in Hell!”

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Prosecutors Nearing Closing Arguments in Genocide And War Crimes Trial Of Bosnian Serb Leader

Submitted by Darren Smith, Weekend Contributor

Radovan Karadžić in 1995
Radovan Karadžić in 1995

Prosecutors before the International Criminal Tribunal for the former Yugoslavia in The Hague are expected to present closing arguments in the years long trial of Bosnian Serb leader Radovan Karadžić for eleven counts of war crimes, including genocide charges for his involvement in the massacres of Bosnian Muslims and Ethnic Croats during his reign as the President of the Republika Srpska in the Bosnian war that was waged in the aftermath of the breakup of Yugoslavia.

Karadžić was a fugitive from justice from 1996 until his arrest in Belgrade in 2008 where shortly thereafter he was extradited to The Netherlands pending charges before the ICTY. He was preceded in trial by Slobodan Milošević, the former President of Serbia but who died prior to the conclusion of his trial. General Ratko Mladić, a Bosnian Serb military official, is also standing before the ICTY for events during the Srebrenica Massacre.

The prosecution expects that if most of the charges result in convictions, Karadžić likely will remain imprisoned for life.

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Peanut Corporation Of America Owner Facing Possible Thirty Year Sentence After Conviction In Food Poisoning Case

Submitted by Darren Smith, Weekend Contributor

Stewart Parnell
Stewart Parnell

In what promises to be a sign of holding executives liable for their involvement in putting poisonous products into the food supply a Federal Jury convicted former Peanut Corporation of America owner Stewart Parnell of Conspiracy, Obstruction of Justice, Wire Fraud, and other crimes relating to a nationwide outbreak of salmonella that sickened over seven hundred individuals in forty three states and likely killed nine. Federal investigators in 2009 traced tainted peanut butter supplied by Parnell’s business to several producers who then packaged it into peanut butter containing foods according to the Centers for Disease Control.

The seven week trial, the culmination of a five year ordeal, has perhaps in measure brought closure and justice for those suffering damages from executives who knowingly and intentionally conspired to endanger so many.

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UTAH APPEALS SISTER WIVES RULING

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One month ago, United States District Court Judge Clarke Waddoups handed down his final ruling in favor of my clients in the Sister Wives case. Utah Attorney General, Sean Reyes has now filed his notice of appeal in the case — a move that will take this historic case to the United States Court of Appeals for the Tenth Circuit in Denver and potentially to the Supreme Court.

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Ginsburg: Obama Cannot Guarantee A Replacement For “Someone Like Me”

225px-ruth_bader_ginsburg_scotus_photo_portraitI have been previously critical of Supreme Court Justice Ruth Bader Ginsburg’s public speeches and interviews (as well as those of some of her colleague’s like Justice Scalia). Ginsburg has again crossed the line of judicial decorum in my view with yet another interview. In this case, she openly discusses the danger of Republican influence on any replacement in the context of her decision to stay on the Court. The interview with Elle magazine is another public appearance that continues the corrosive influence of politics on the Court and the maintenance of political contingencies by some of the justices.

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County Clerk Candidate Fired Over Alleged Illegal Background Checks Made Against Opponents

Submitted by Darren Smith, Weekend Contributor

Sarah Matheny
Sarah Matheny

Officials of Yakima, Washington reportedly asked the Washington Attorney General’s Office to investigate allegations that Municipal Court Clerk Sarah Matheny, a candidate for the elected office of Yakima County Clerk, had abused her authority to access records using her workstation attached to government databases in an effort to provide her with potentially damaging information of all other candidates in the election.

Reportedly Sarah had been previously disciplined for performing an illegal inquiry using the Washington State ACCESS telecommunication system to query Department of Licensing records on an opponent but at another point had used other systems to perform backgrounds on the other candidates, including alleged illegal use of the judicial records database.

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High Crimes and [NFL] Misdemeanors? Members Raise Impeachment In Fuller Case

fuller-mugshotWe previously discussed the arrest of U.S. District Judge Mark Fuller in Alabama for misdemeanor battery of his wife. Now members are raising the possibility of impeachment if he does not resign despite the absence of a conviction on the misdemeanor. Rep. Martha Roby (R., Alabama) is citing a rather novel source of extraconstitutional precedent: the NFL Ray Rice case.

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“Geauxjudge” is Gone: Judge Maggio Removed From Court For Anonymous Postings

article-charlize8n-5-0307We previously discussed the bizarre case of Faulkner County Circuit Judge Mike Maggio who was identified as an anonymous commenter known as “geauxjudge” in a an an interesting controversy in Arkansas where Maggio was was outed from online sites. Maggio previously apologized and withdrew from a race for the appellate court. The controversy raised the question of whether such comments should be a subject for ethical discipline and whether judges should have the right to comment anonymously on such sites. Now Maggio has been permanently removed from the bench for his discussion of a confidential adoption of a child by actress Charlize Theron. He agreed with the Arkansas Judicial Discipline and Disability Commission about the lifetime ban. However, the Arkansas Supreme Court rejected the recommendation because it included Maggio being suspended with pay until the end of the year when his term expires.

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The 51st State? New Columbia and the Proposal For America’s First City-State

210px-flag_of_washington_dcsvgThis afternoon, the Senate Committee on Homeland Security and Governmental Affairs will hold its hearing on whether to accept a new state into the Union: New Columbia. While I was asked if I could testify on S. 132, I will be traveling today to Newport News to Christopher Newport University for a long-planned debate with John Yoo on presidential powers. I have written a long academic publication on the status of the District of Columbia and testified at the prior hearings on allowing for voting representation of District residents. See Jonathan Turley, Too Clever By Half: The Partial Representation of the District of Columbia in the House of Representatives, 76 George Washington University Law Review 305-374 (2008). Since I will not be able to appear, I thought that I would re-run my earlier column on the proposal. Before Congress embraces the path to statehood, it should give the original concerns of the Framers (and some new ones) full consideration. I have long argued that a constitutional amendment is the best way to give residents a vote in Congress. Statehood raises a myriad of difficult issues but regardless of the reform (whether statehood or an amendment simply allowing for a representative in the House of Representatives), this should be a decision that is submitted directly to the American people as a whole. I am troubled (as I was in 2007) by the effort to push this through Congress to avoid such a vote (as well as the cloud of partisan politics that continue to swell around the issue).

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9/11 and the Saudis and State Secrecy

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Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

In light of the recently observed 13th anniversary of the events on 9/11/01, I read an article this week that caught my eye.  According to reports, there is a 28 page section of the 9/11 Commission report that has never been released publicly and remains secret to this day.  Indeed, Congressmen must go through numerous security reviews before they can read the document in a secure room in Washington, D.C.

What kind of secret and clandestine information can be found in such a guarded document?  Since it is top-secret, we can only go by the reviews of people who have read the report.  What is found in that report may surprise you in light of its level of secrecy. Continue reading “9/11 and the Saudis and State Secrecy”

Washington Supreme Court Holds State Of Washington In Contempt For Legislature Failing To Provide Action Plan In Funding Education

By Darren Smith, Weekend Contributor

gavel2washington-flag-sealIn an unusual and historically unprecedented outcome, Washington’s Supreme Court held the state in contempt for the legislature failing to provide a clear plan in funding public education by the school year 2017-18 pursuant to the McCleary ruling the court handed down in January of 2012.

According to documents the court in McCleary v. State, 173 Wn.2d 477, 269 P.3d 227 (2012) unanimously affirmed a declaratory judgment of the King County Superior Court finding that the state is not meeting its “paramount duty … to make ample provision for the education of all children residing within its borders” under Article IX Section 1 of the state constitution. The court initially deferred to the legislature’s chosen means of discharging its constitutional duty, but retained jurisdiction over the case to monitor the State’s progress in implementing by 2018 the reforms that the legislature had recently adopted. Pursuant to its retention of jurisdiction, the court has called for periodic reports from the State on its progress. Following the State’s first report in 2012, the court issued an order directing the State to lay out its plan “in sufficient detail to allow progress to be measured according to periodic benchmarks between then and 2014.

The legislature failed to meet the courts demands for production of evidence of progress by the legislature and the court then found the state in contempt. The issue has brought up certainly the notion of separation of powers, but the possibility of sanctions has many in the legislature motivated to now act.

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Ohio Judge Who Held DUI Trials At High School Is Arrested For DUI After Helicopter Tracks Him Down

judge_dean_wilsonPerry County Judge Dean L. Wilson is well known in the Columbus area for holding drunk driving trials to New Lexington High School each year as a warning to students not to drink and drive. Wilson is now facing public criticism as he was arrested for operating a motor vehicle while under the influence of alcohol or drugs and, worse yet, leaving the scene of an accident. Both are first-degree misdemeanors punishable subject to a maximum of six months in jail for each.

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