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South Korean blogger seeks bail after arrest
International | 2009/01/28 09:41
A South Korean blogger charged with spreading false information has requested bail and said his arrest was unconstitutional, a lawyer said Wednesday.


The 30-year-old man — identified in court documents as Park Dae-sung — was charged last week with posting a blog in December that said the government had banned major financial institutions and trade businesses from buying U.S. dollars.

The case has ignited debate about freedom of speech on the Internet in South Korea, one of the world's most wired and tech-savvy nations.

The blogger has been in custody since his arrest earlier this month. If convicted, he faces up to five years in prison or a fine of up to 50 million won ($36,360).

Prosecutors said last week the posting was not only inaccurate but it had "a clear and grave influence" on the foreign exchange market and undermined the nation's credibility.

The blogger had gained popularity after some of his predictions, including the collapse of investment bank Lehman Brothers, proved correct.

Defense lawyer Park Chan-jong told The Associated Press on Wednesday the blogger has also asked that the Constitutional Court be allowed to rule whether the law under which he was charged is unconstitutional. The Seoul Central District Court can either reject his petition or ask the top court to decide.

Park said the arrest violated his client's freedom of speech rights.



Court: Christian school can expel lesbian students
Court Watch | 2009/01/28 09:41
A California appeals court has ruled that a Christian high school can expel students because of an alleged lesbian relationship.


The 4th District Court of Appeal in Riverside on Monday upheld California Lutheran High School's right as a private, religious organization to exclude students based on sexual orientation.

Two girls sued claiming they were discriminated against after they were expelled from the Wildomar school in 2005. A lower court said the school isn't bound by the same anti-discrimination laws as a business establishment.

John McKay, attorney for California Lutheran, says the school's goal is to educate based on Christian principles.

The attorney for the girls could not be immediately reached Tuesday.



Voters ask court to add absentees to Minn. recount
Breaking Legal News | 2009/01/28 09:40
Minnesota voters testified Tuesday their ballots had been unfairly rejected as Republican Norm Coleman argued thousands of disqualified absentee ballots should be counted in the U.S. Senate race.


"Perhaps my signature is not as good as it once was," Gerald Anderson, of St. Paul, told the three-judge panel hearing Coleman's lawsuit. "It gets cloudy and crooked. I am 75 years old."

But that shouldn't have disqualified his vote, he said: "I want it back. I'm entitled to my vote."

A statewide recount gave Democrat Al Franken a 225-vote edge. The personal stories that Anderson and five other voters told are just one front on Coleman's effort to have more votes counted.

Coleman's legal team had intended to submit copies of thousands of ballots as exhibits, but the judges disqualified them as evidence Monday because campaign workers had marked on some envelopes. On Tuesday, much of the panel's time was spent with state officials, lawyers and court staff working out a plan to get about 11,000 rejected absentees to St. Paul from counties throughout the state.



Mich. lawyer fined for aiding marriage fraud
Law Center | 2009/01/28 05:42
An attorney in Michigan has been sentenced to three years' probation and fined $10,000 for helping a woman fraudently marry a U.S. citizen so she could stay in the country.


Namir Daman of Southfield was sentenced Tuesday in U.S. District Court in Detroit. He pleaded guilty last year to marriage fraud.

He faced up to five years in prison but the government requested leniency because of his cooperation with investigators.

Daman's attorney says he helped prosecutors investigating Roy M. Bailey, a former federal immigration official in Detroit. Bailey pleaded guilty to corruption charges last September and will be sentenced March 9.

Daman, who emigrated from Iraq in 1980, says he naively trusted the wrong people.



FBI: Long Island investment firm boss surrenders
Breaking Legal News | 2009/01/27 11:12
The owner of a Long Island investment firm accused of cheating people out of more than $100 million is expected to appear in court Tuesday.


FBI spokesman Jim Margolin says Nicholas Cosmo surrendered at a U.S. Postal Inspection Service office in Hicksville on Monday night.

Cosmo runs Agape World Inc. in Hauppauge (HAW'-pawg). He's accused of taking in $300 million from investors and cheating them out of about $140 million.

A letter hanging in Cosmo's office window denies there was any Ponzi scheme, the type of fraud Bernard Madoff (MAY'-dawf) is accused of committing. A Ponzi, or pyramid, scheme promises unusually high returns and pays early investors with money from later investors.

Defense attorneys at the Herrick Feinstein law firm haven't returned telephone calls seeking comment.



Court to consider how long lawyer request lasts
Law Center | 2009/01/27 11:12
The Supreme Court has agreed to clarify how long a suspected criminal's request for a lawyer during police interrogation should be valid.


The high court on Monday said it will consider allowing prosecutors in Maryland to use a confession from convicted child molester Michael Shatzer that he sexually abused his son.

Shatzer was imprisoned at the Maryland Correctional Institution in Hagerstown for child sexual abuse in 2003 when police started investigating allegations concerning his son. Shatzer requested an attorney and the investigation was soon dropped.

Three years later, the boy was old enough to offer details. According to court documents, when police questioned Shatzer again about the case, he was advised of his rights and signed a form waiving them before confessing.

After Shatzer was charged, he filed a motion to suppress his statements, arguing that he had asked for an attorney in the case before. A lower court said the confession could be used, but the Maryland Court of Appeals agreed with Shatzer and threw out the confession.



Court hears 9/11 conspirator's appeal in Va.
Breaking Legal News | 2009/01/27 11:11
Zacarias Moussaoui's guilty plea in the Sept. 11 terrorist attacks was invalid because the government failed to turn over evidence that could have helped his defense, his attorney told a federal appeals court Monday.


Justin Antonipillai urged a three-judge panel of the 4th U.S. Circuit Court of Appeals to throw out the plea and order a new trial for Moussaoui, who once claimed to be part of the 2001 conspiracy but has since changed his story. Moussaoui was sentenced to life in prison.

U.S. Justice Department attorney Kevin Gingras argued that Moussaoui, the only person to stand trial in a U.S. court in the 9/11 attacks, knew the trial judge was considering ways to get the favorable evidence to him but decided to plead guilty anyway.

"It was his choice to pull the plug on the process," said Gingras. The prosecutor said U.S. District Judge Leonie Brinkema "bent over backward" to ensure that Moussaoui understood what he was doing and the consequences.

The panel peppered both attorneys with questions for 90 minutes before closing the hearing for about an hour to consider matters involving classified information.

The court usually takes several weeks, or even months, to issue a decision.

In open court, Chief Judge Karen J. Williams sounded skeptical of Antonipillai's claim that Moussaoui's trial preparations were impaired by government secrecy that some of his constitutional rights were violated.

Williams wondered aloud how the court could conclude that the government would have continued to conceal the evidence had the case gone to trial. She also noted Moussaoui testified that he was supposed to hijack a fifth plane and crash it into the White House.

Antonipillai said Moussaoui had "delusions of grandeur," and his confession was contradicted by alleged 9/11 ringleader Khalid Sheikh Mohammed, who said Moussaoui was training for a different operation and had nothing to do with the terrorist attacks that killed nearly 3,000 people.



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