Monday, September 30, 2019

Trial begins Monday in Kansas abortion stalking lawsuit

A federal jury will decide whether the operator of a Wichita abortion facility had reasonable grounds to seek a protection-from-stalking order against an abortion protester. Jury selection begins Monday in the federal lawsuit filed by anti-abortion activist Mark Holick against clinic operator Julie Burkhart. The lawsuit stems from anti-abortion protests in 2012 and 2013 in front of Burkhart's home and in her neighborhood. She subsequently got a temporary protection-from-stalking order against him that was dismissed two years later. U.S. District Judge John Broomes has already thrown out some of the lawsuit's claims, but left it to a jury to decide whether the facts constituted malicious prosecution. Kings coach Walton focused on team, not lawsuit Sacramento Kings first-year coach Luke Walton says he is focused on his team and not worried about a lawsuit accusing him of sexual assault. Walton spoke publicly Friday at Kings media day for the first time since a former sportscaster filed a civil suit against him in April accusing him of the assault. "I'm here to do my job and focus on the Kings," Walton said. "The rest will take care of itself." Walton was hired by the Kings in April, soon after being fired following three seasons as coach of the Los Angeles Lakers. He was sued shortly after being hired by Kelli Tennant, a former host on Spectrum SportsNet LA, who accused him of sexually assaulting her in a hotel room in 2014 when he was an assistant with the Golden State Warriors and harassing her after that during his tenure with the Lakers. The Kings and the NBA investigated the charges but took no action against Walton when "investigators determined that there was not a sufficient basis to support the allegations." Tennant did not participate in the investigation. Walton still faces a civil suit but has said in a court filing that the allegations aren't backed up in facts. He said the suit is not a distraction to his job.

Monday, July 29, 2019

Supreme Court: Trump can use Pentagon funds for border wall

The Supreme Court cleared the way for the Trump administration to tap billions of dollars in Pentagon funds to build sections of a border wall with Mexico. The court’s five conservative justices gave the administration the green light on Friday to begin work on four contracts it has awarded using Defense Department money. Funding for the projects had been frozen by lower courts while a lawsuit over the money proceeded. The court’s four liberal justices wouldn’t have allowed construction to start. The justices’ decision to lift the freeze on the money allows President Donald Trump to make progress on a major 2016 campaign promise heading into his race for a second term. Trump tweeted after the announcement: “Wow! Big VICTORY on the Wall. The United States Supreme Court overturns lower court injunction, allows Southern Border Wall to proceed. Big WIN for Border Security and the Rule of Law!” The Supreme Court’s action reverses the decision of a trial court, which initially froze the funds in May, and an appeals court, which kept that freeze in place earlier this month. The freeze had prevented the government from tapping approximately $2.5 billion in Defense Department money to replace existing sections of barrier in Arizona, California and New Mexico with more robust fencing.

Cyprus police frees 5 Israelis, 7 held in hotel rape probe

A Cyprus court on Friday extended the detention of seven of the 12 Israeli teenagers initially arrested as suspects in the rape of a 19-year-old British woman. The court ordered the suspects to remain in police custody for another six days to give investigators time to finish looking into the woman’s reported rape at a hotel in the resort town of Ayia Napa. Defense lawyer Nir Yaslovitzh says five other suspects were released from custody on Thursday and have returned to Israel. Lawyer Yiannis Habaris told The Associated Press that police investigators confirmed that the five released Israelis had no connection with the case. Habaris represents four suspects, two of whom were among those who were released. Habaris said investigators connected the seven remaining suspects to the case through witness statements as well as DNA evidence which link three of the seven to the alleged victim. The Cypriot lawyer said the suspects offered investigators certain “explanations” into their whereabouts at the time of the alleged crime. The court heard that the alleged victim was involved in a relationship with one of the seven suspects and had sexual contact with several of the remaining six over the course of a few days, Habaris said. Habaris said investigators may decide to take the case to trial before a criminal court if any of the seven suspects aren’t released in the coming days. Yaslovitzh, an Israeli lawyer who represents three of the 12 Israelis, alleged the release of the five damaged the accuser’s credibility because she told police a dozen individuals sexually assaulted her. Yaslovitzh also urged Cypriot investigators to look into the woman’s actions at the hotel where the alleged crime occurred and where she was also working. The seven suspects again covered their faces with their shirts as they entered and exited the courthouse. They face charges of rape and conspiracy to commit rape. Yaslovitzh had said after the initial custody hearing that all 12 Israelis had come on holidays to Cyprus in three separate groups and didn’t know each other. Some had gone on vacation prior to being inducted into the Israeli army.

Saturday, July 13, 2019

The Latest: Trump considers executive order on census query

President Donald Trump says he is “very seriously” considering an executive order to get a citizenship question on the 2020 Census. The Justice Department says it will continue to search for legal grounds to force the inclusion of the question. Trump says his administration is exploring a number of legal options, but the Justice Department has not said exactly what options remain now that the Supreme Court has barred the question, at least temporarily. The government has already begun the process of printing the census questionnaire without that question. The administration’s focus on asking broadly about citizenship for the first time since 1950 reflects the enormous political stakes and potential costs in the once-a-decade population count. The Justice Department says it will continue to look for legal grounds to force the inclusion of a citizenship question on the 2020 Census. But the department says it’s unclear how that will happen. That’s according to a lawyer for the plaintiffs who took part in a conference call Friday with government lawyers and a federal judge who demanded clarification of the administration’s plans. President Donald Trump had reopened what appeared to be a final decision by his administration to proceed without the citizenship question on the next census.

Kevin Spacey accuser drops lawsuit against actor

A young man who says Kevin Spacey groped him in a Nantucket bar in 2016 has dropped his lawsuit against the Oscar-winning actor, his lawyer said Friday. Spacey still faces a criminal charge. He pleaded not guilty to indecent assault and battery in January. His accuser’s lawyer, Mitchell Garabedian, announced in an email that the suit filed June 26 in Nantucket Superior Court has been voluntarily dismissed. No reason was provided either by Garabedian or in the court filing. Garabedian said he would have no further comment. A telephone message was left at his office. According to the court filing, the suit was dismissed “with prejudice,” which means it cannot be refiled. An email was left Friday requesting comment from Alan Jackson, Spacey’s attorney. Jackson has previously said the man is lying in the hopes of winning money in a civil case against Spacey. The legal development could have significance for the criminal case against Spacey, legal experts say. While there are a range of reasons why a civil suit is dropped so quickly after being filed, it could be an indicator a private settlement was reached and that the accuser may ultimately stop cooperating with prosecutors, said William Korman, a former prosecutor in the Suffolk County District Attorney’s office who is now a criminal defense lawyer specializing in sexual assault cases.

Saturday, June 29, 2019

Supreme Court to review Montana school choice program

The Supreme Court will consider reviving a Montana program that gives tax credits to people who donate to private-school scholarships. The state’s highest court had struck down the program because it violated the Montana constitution’s ban on state aid to religious organizations. The justices say Friday that they will review the state court ruling, which Montana parents are challenging as a violation of their religious freedom under the U.S. Constitution. The Montana Supreme Court ruled that the program giving tax credits of up to $150 for donations to organizations that give scholarships to private-school students amounts to indirect aid to schools controlled by churches. The Republican-led Legislature passed the law in 2015 as an alternative to a school voucher program designed to give students who want to attend private schools the means to do so. Most private schools in Montana have religious affiliations, and more than 90 percent of the private schools that have signed up with scholarship organizations under the program are religious. The state court ruling invalidated the entire program, for religious and secular schools alike. In urging the Supreme Court to reject the appeal, Montana said it can’t be compelled to offer a scholarship program for private education. The state told the justices that the Montana court decision did not single out students at religious schools because the state court ruling struck down the entire program. Montana is one of 18 states that offer scholarship tax-credit programs, according to EdChoice, an organization that promotes school-choice programs. Tax credits are one of several ways states have created programs to boost private schools or defray their tuition costs, with others including vouchers, individual tax credits or deductions and education savings accounts.

Sunday, June 16, 2019

Oregon city stops jailing poor who can't pay court debts

The eastern Oregon city of Pendleton has stopped jailing people unable to pay fines, a city official said, following the settlement of a federal lawsuit contending city officials were running a debtors' prison. The East Oregonian reports in a story on Saturday that city attorney Nancy Kerns said city court officials recently adopted new policies that ban the use of jail time for fines arising from minor violations. "No person shall be incarcerated for the inability and lack of financial resources to pay financial obligations to the Court, including fines, costs and restitution," the policy states. The policy also requires the city court to consider defendants' ability to pay and appoint attorneys to indigent defendants who face jail time. Anglea Minthorn spent nearly two months in jail in 2017 for owing about $1,000. She sued in early 2018, contending the city was violating the U.S. Constitution by incarcerating a debtor unable to pay the debt. Minthorn's "experience is not unique," the lawsuit said. "It is a reflection of how defendants operate a modern-day debtors' prison in which people who cannot afford to pay court-imposed fines arising out of minor violations are arrested, incarcerated, and fined further." The lawsuit described Minthorn as a low-income person with disabilities who struggled to get stable housing, medical care and food. The lawsuit said she was hospitalized for 74 days in 2016 because of stroke-like symptoms.