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Indicted federal judge Kent will continue working
Legal Business | 2008/09/02 05:04

U.S. District Judge Samuel Kent plans to keep hearing court cases while facing prosecution on charges he fondled a former court employee, according to the chief judge for the Southern District of Texas.

"The only way he doesn't receive cases is if he's no longer a judge," U.S. District Judge Hayden Head Jr. said in Saturday editions of the Houston Chronicle.

Following a Department of Justice investigation, a federal grand jury on Thursday indicted Kent on two counts of abusive sexual contact and one count of attempted aggravated sexual abuse. His attorney, Dick DeGuerin, has said Kent is innocent.

Kent has been ordered to appear before U.S. Circuit Judge Edward C. Prado on Wednesday. DeGuerin said that, by agreement, Kent will be released without bond on his own recognizance.

Kent, a federal judge for 18 years, is not planning to take the day off, according to the newspaper.

"The choice is his," said U.S. District Judge Lynn Hughes, one of Kent's colleagues in Houston. "After all, he's (presumed) innocent. That's how we work around here."

The indictment came after a Justice Department investigation of Kent that began in November.

The investigation was prompted after Kent's former case manager, Cathy McBroom, accused the judge of repeatedly harassing her over a four-year period. McBroom has said the harassment culminated in a March 2007 incident in Kent's Galveston court chambers, where the judge allegedly pulled up her blouse and bra and tried to escalate contact before being interrupted.

DeGuerin, Kent's attorney, has said that everything that happened between Kent and McBroom was consensual.

McBroom's allegations were first investigated by the Judicial Council of the 5th U.S. Circuit Court of Appeals, which reprimanded Kent in September 2007. The council gave no details about the allegations, only saying a complaint alleging sexual harassment had been filed against Kent.

The council ordered the judge to go on leave for four months. Kent still collected his $165,000 annual salary.

McBroom was transferred to Houston, located 50 miles northwest of Galveston, after reporting her allegations.

Kent, as part of his punishment by the judicial council, also was relocated to Houston.



Indian court convicts driver in famous BMW case
International | 2008/09/02 04:59
A court on Tuesday convicted the son of a wealthy Indian arms dealer of manslaughter for running over and killing six people more than nine years ago in the so-called BMW case, an attorney said. The trial captivated the nation as a test of fairness of India's judicial system.

Sanjeev Nanda, 30, faces up to 10 years in jail on manslaughter charges, according to his attorney, Ramesh Gupta. Judge Vinod Kumar was expected to announce the sentence Wednesday, along with those of three other defendants who were convicted of destroying evidence.

Nanda is the son of arms dealer Suresh Nanda and a grandson of India's former naval chief, S. M. Nanda.

The high-profile case has been seen as a test of whether India's judicial system, which has a long history of favoring the well-connected, is willing to hold the wealthy accountable.

Many saw the ruling as an encouraging sign that India's two-tiered justice system was becoming a thing of the past.

"The fact that justice has prevailed will give some hope that the powerful can't get away with manipulating the system," said Ved Marwah, a retired police commissioner.

Prosecutors said Nanda and two of his friends were returning from a party at 4:30 a.m. on Jan. 10, 1999 when their BMW, speeding at roughly 85 miles per hour (135 kilometers per hour), crashed into seven people standing along an empty street. A witness reportedly saw the men stop, examine the damage to their car, then speed off. The victims, three policemen and three laborers, died.

Nanda and two friends who were with him in the car, Siddharta Gupta and Manik Kapoor, were classmates at an elite New Delhi private school. Nanda was home for the holidays from the University of Pennsylvania's Wharton School of Business.



Budget woes spark school district merger talks
Court Watch | 2008/09/02 03:01
Pennsylvania will be shedding a school district by the end of this school year — a significant development even after years of nationwide efforts to nudge and sometimes force school systems to share services or merge.

The merger unfolding between two western Pennsylvania public school systems with sharply declining enrollments is the state's first district consolidation in at least 20 years, and most notably, its first voluntary one.

Officials say the move will save money and improve educational offerings, yet parents in both districts worry that some losses will accompany any gains. In any case, the consolidation is expected to be closely watched.

The willingness of two school districts to dissolve boundary lines is rare in states where local school board control is sacrosanct and school traditions that define a community are deeply ingrained. In recent years, at least a few states have tried to force mergers, with mixed results.

Yet the marriage of the Center Area and Monaca school districts northwest of Pittsburgh is part of a gradual, ongoing national progression toward fewer districts educating public school students.

Over roughly the last two decades, the number of school districts nationwide has declined 10 percent, from 15,714 in 1985-86 to 14,166 in 2005-06, according to the National Center for Education Statistics.

With local school boards facing spiraling prices for fuel, employee health insurance and other operating costs — and opposition to increases in property taxes that largely pay for them — the idea of consolidating to save money is becoming an increasingly common discussion topic.



NY Landlord arrested for hidden cameras
Criminal Law | 2008/09/02 02:02

Two women who had just rented an apartment in Franklin Square Sunday discovered digital spy cameras hidden in smoke alarms in their bedrooms, police said.

The landlord, Michael Muratore, 44, who lives on the first floor of the 849 Second Ave. home, was arrested and charged with unlawful surveillance.

The women were moving into the second-floor apartment and decided to have the smoke alarms checked to make sure they were in working order -- and that's when the cameras were found, at around 5 p.m. Sunday, Nassau police said.

Fifth Squad detectives arrested Muratore in front of his home at 6:40 p.m. Monday. He faces arraignment Tuesday in First District Court, Hempstead.



Detroit mayor's political future back in court
Law Center | 2008/09/01 09:00
A lawyer for Mayor Kwame Kilpatrick asked a judge Friday to freeze next week's hearing that could remove him from office, accusing Gov. Jennifer Granholm of being too biased to preside over the case.

Dan Webb also said the rules for the hearing would greatly hamper Kilpatrick's defense. He asked for a 14-day restraining order to suspend the proceedings, scheduled to start Wednesday.

"There are some very basic rights that clearly have to be applied," Webb told Wayne County Circuit Judge Robert Ziolkowski.

The judge said he had planned to go fishing but would work on the case over the holiday weekend and make a ruling Tuesday.

The Detroit City Council is asking Granholm to use her constitutional power to remove Kilpatrick from office for misconduct.

The mayor is accused of misleading council members into approving an $8.4 million settlement with fired police officers. The council says it didn't know the deal included provisions to keep a cover on romantic text messages between Kilpatrick and a top aide.

Kilpatrick's lawyers filed a lawsuit Thursday, claiming the mayor can't get a fair hearing from the governor. A key argument: Granholm held a private meeting in May to try to settle Kilpatrick's criminal perjury case and get him to resign.



Man accused in Obama threat uses crutches in court
Court Watch | 2008/08/31 09:01
A Colorado man suspected of making racist threats against Barack Obama limped into federal court on crutches Thursday and was formally advised of a methamphetamine-possession charge against him.

Therin Gartrell, 28, was arrested Sunday, just before the Democratic National Convention in Denver. Authorities said he was pulled over in the suburb of Aurora in a rented truck that contained rifles, a bulletproof vest, wigs and fake IDs, and that Gartrell and two other men had talked about killing Obama.

The U.S. attorney's office later said the men were drug users who made racist threats but had no firm assassination plot and no ability to carry one out. No one has been charged in relation to the alleged threats.

Aurora police say Gartrell had been on crutches when they arrested him. Handcuffed to his crutches in court Thursday, he spoke little and did not enter a plea.

Public defender Ed Harris was appointed to represent him. Harris was not present and did not immediately respond to a telephone message seeking comment.

Arapahoe County prosecutors had planned to charge Gartrell Thursday with state drug and weapons violations, but that was put on hold without explanation.

U.S. attorney's spokesman Jeff Dorschner said it was "best from a coordination standpoint" if the cases against Gartrell and the two other men were in federal court.

State prosecutors sometimes defer to their federal counterparts if a suspect can get a stiffer sentence in federal court.

A federal conviction for methamphetamine possession carries a prison term of up to two years with no time off for good behavior. Penalties under the state charges were not immediately available.



Federal judge indicted on sex abuse charges
Court Watch | 2008/08/29 09:22
A federal judge accused of fondling a former court employee was indicted by a federal grand jury Thursday on sexual abuse charges.

U.S. District Judge Samuel Kent is charged with two counts of abusive sexual contact and one count of attempted aggravated sexual abuse.

A former case manager at the U.S. District Court in Galveston accused Kent of twice touching her under her clothing and repeatedly making obscene suggestions during the six years she worked with him.

The indictment, first reported by the Houston Chronicle, alleges the criminal conduct happened on Aug. 29, 2003, and March 23, 2007, Acting Assistant Attorney General Matthew Friedrich said in a statement.

Kent's attorney, Dick DeGuerin, called any sexual contact that may have happened between Kent and his accuser consensual.

"He's angry and ready for a fight. He is innocent. We will try this case. It is nothing but a false accusation," said DeGuerin said.

Kent's accuser issued a statement Thursday saying she felt vindicated by the grand jury's decision.



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