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10-year sentence for teen sex thrown out
Breaking Legal News | 2007/06/11 13:36

A former high school football star who became a national symbol for the extremes of getting tough on sex offenders was ordered released from prison Monday by a judge who called his mandatory 10-year sentence for consensual teen sex "a grave miscarriage of justice." But the joy felt by Genarlow Wilson's family rapidly turned to disappointment as Georgia's attorney general announced he would appeal, a move that will keep the honor student behind bars for now.

Wilson's sentence was widely criticized as being too severe, even by members of the jury that convicted him and the author of the 1995 law that put him behind bars.

His case became a cause celebre that grew from local blogs and TV stations to national news shows and editorial pages. Some supporters, including former President Jimmy Carter, have said it raised questions about race and the criminal justice system. Wilson and five other males charged in the case are black, as are the two teenage girls involved.

"As far as I'm concerned, this case is a throwback to Southern justice," said state Sen. Vincent Fort, an Atlanta Democrat.

Wilson, homecoming king of his school who was being recruited to play football at Vanderbilt University, has served more than two years of a mandatory 10-year sentence for aggravated child molestation. He was captured on videotape having consensual oral sex with a 15-year-old girl in 2003 when he was 17.

If the sentence stands, he would also be placed on Georgia's sex offender registry.

At the time of his crime, Wilson would have faced just one year in prison if he had sexual intercourse with the girl. The "Romeo and Juliet" exception in Georgia law also would have allowed him to avoid the sex offender registry.

Lawmakers last year voted to close that loophole. But the state's top court said the new law could not be applied retroactively to Wilson, now 21.

Opponents of Wilson's release said it could open a floodgate for other cases. Georgia prisons currently hold 189 inmates who were sentenced for aggravated child molestation when they were 21 or younger.

Of those, 56 percent were white and 44 percent black, state figures show.

Black community leaders planned a protest outside Attorney General Thurbert Baker's office late Monday. Baker, who is black, is now pushing to keep Wilson in prison, arguing that his sentence is valid.

In his notice of appeal, Baker argued that Georgia law does not give a judge authority to reduce or modify the sentence imposed by the trial court. He said he would seek an expedited ruling from the Georgia Supreme Court. And he noted that a plea deal is on the table that would release Wilson in a maximum of five years and also remove him from the sex offender registry.

Not good enough, said Wilson's lawyer, B.J. Bernstein.

"It is really ridiculous when you consider that we had a judge that just said it is a misdemeanor that carries no sex offender registration," she said.

"It is extremely, extremely disturbing that the attorney general would take this action now."

Bernstein said her office was seeking bond for Wilson, which would allow him to leave prison while the appeal is pending.

The judge's ruling Monday threw out Wilson's 10-year sentence and amended it to misdemeanor aggravated child molestation with a 12-month term, plus credit for time served, and he would not be required to register as a sex offender.

"The fact that Genarlow Wilson has spent two years in prison for what is now classified as a misdemeanor, and without assistance from this court, will spend eight more years in prison, is a grave miscarriage of justice," wrote Judge Thomas H. Wilson, who is no relation to Genarlow Wilson.

"If this court or any court cannot recognize the injustice of what has occurred here, then our court system has lost sight of the goal our judicial system has always strived to accomplish ... justice being served in a fair and equal manner," the judge wrote.

When the judge's order arrived Monday morning, Wilson's lawyers applauded and hugged his mother, Juannessa Bennett, who wiped away tears.

"I just feel like a miracle happened," Bennett said.

After the notice of appeal she looked stricken.

"It's heartbreaking," Bennett said.

Wilson's prominent supporters included Dallas Mavericks owner Mark Cuban, who declared he would boycott Georgia until Wilson was free, and Carter, who wrote a letter in support of Wilson to the state attorney general.

The court battle over Wilson's fate also drew comparisons to the rape charges leveled against Duke University lacrosse players last year, with critics saying prosecutors in both cases overreached.

Wilson was also charged with rape for being one of several male partygoers at a hotel to have sex with another 17-year-old girl, but was acquitted. The party was captured on a videotape that was played for the jury.

The five other male partygoers took plea deals in the case. One of them has been released from prison and is now in college.



Court to focus on vaccine, autism Monday
Breaking Legal News | 2007/06/11 07:34

Thousands of families that allege vaccines caused their children's autism are preparing for their day in court, which could bring them vindication and compensation. Since 1999, more than 4,800 families have filed claims with the government alleging their children developed autism as a result of routine vaccinations. Most contend that a preservative called thimerosal is to blame for the impaired social interaction typical of the disorder.

Previously, large scientific studies have found no association between autism and vaccines containing thimerosal.

But many parents say their children's symptoms did not show up until after their children received the vaccines, required by many states for admission to school. If they prevail in the courts, the families are entitled to compensation from a multibillion-dollar trust fund.

The first of what eventually could be nine test cases from those claims is the subject of the hearing opening Monday in the U.S. Court of Federal Claims. Three special masters appointed by the court will preside over the hearing, expected to last through June 29.

The court is being asked to decide whether there is a link between autism and childhood vaccines. If it finds one exists, the families could be eligible for compensation under the Vaccine Injury Compensation Fund, a program established by Congress to ensure an adequate supply of vaccines by safeguarding manufacturers from lawsuits. Under the program, people injured by vaccines receive compensation through a special trust fund.

Autism is characterized by impaired social interaction. Those affected often have trouble communicating, and they exhibit unusual or severely limited activities and interests. Classic symptoms of mercury poisoning include anxiety, fatigue and abnormal irritation, as well as cognitive and motor dysfunction.

Monday's case addresses the theory that the cause of autism is the measles, mumps and rubella vaccine in combination with other vaccines containing thimerosal. The preservative, about 50 percent mercury by weight, is no longer found in routine childhood vaccines but is used in some flu shots.

In July 1999, the U.S. government asked vaccine manufacturers to eliminate or reduce, as expeditiously as possible, the mercury content of their vaccines to avoid any possibility of infants who receive vaccines being exposed to more mercury than is recommended by federal guidelines.



Court Rules Against Home Care Workers
Breaking Legal News | 2007/06/11 06:35

The Supreme Court ruled Monday that home care workers are not entitled to overtime pay under federal law. The unanimous decision upheld a 1975 Labor Department regulation exempting the nation's 1 million home care workers from the protections of the Fair Labor Standards Act. Justice Stephen Breyer wrote that leaving home care workers without overtime protection under the act does not exceed the agency's authority and "courts should defer to the department's rule."

The case was brought by lawyers for Evelyn Coke, a 73-year-old retiree who spent more than two decades in the home care industry helping the ill and the elderly.

Now in failing health, Coke said her employer never paid her time and a half for all her extra hours on the job.

Lawyers for Coke challenged the Labor Department regulation, and the 2nd U.S. Circuit Court of Appeals in New York City ruled in the workers' favor.

The appeals court said it was "implausible" that Congress would have wanted the Labor Department to wipe out protection for an entire category of workers.

The Labor Department wrote the restrictive regulation after Congress expanded the law's coverage.

Paying overtime would cost billions, the home care industry says.

In New York City, the annual cost of the Medicaid-funded Personal Care Services Program would rise by at least a quarter of a billion dollars if the appeals court decision is allowed to stand, the city says. The Personal Care Services program pays 90 private companies to send 60,000 home attendants to the homes of low-income elderly and disabled.

Coke's former employer, Long Island Care at Home Ltd., says it would experience "tremendous and unsustainable losses" if it had to comply with federal overtime requirements.

The Bush administration and the company that employed Coke opposed her lawsuit.

If Congress had wanted to apply the law's wage and overtime provisions to such workers, "it easily could have done so," the Bush administration said in papers filed in the case. Instead, Congress assigned the secretary of labor the task of deciding the issue, the administration said.



Jefferson pleads not guilty to bribery
Breaking Legal News | 2007/06/08 07:46

Democratic Rep. William Jefferson, accused of hiding $90,000 in bribe money in his freezer, pleaded not guilty on Friday to making and taking payoffs for helping to arrange business deals in Africa. In court, a lawyer for the Louisiana lawmaker entered a not guilty plea to all 16 counts of racketeering, soliciting bribes, fraud, money laundering, obstruction of justice, conspiracy and violating the Foreign Corrupt Practices Act. U.S. District Judge T.S. Ellis set a trial date of January 16, 2008, for Jefferson, a member of Congress since 1991 whose district includes New Orleans.

The judge ordered Jefferson to surrender his passport and post a $100,000 bond. Ellis said he would allow Jefferson unrestricted travel between the Washington area and Louisiana, but he must get the judge's approval for other trips.

Jefferson was accused of soliciting millions of dollars in bribes from nearly a dozen companies.

The business ventures included telecommunications deals in Nigeria and Ghana, oil concessions in Equatorial Guinea, satellite transmission contracts in Botswana, Equatorial Guinea and the Republic of Congo, and a Nigerian sugar plant.

According to the indictment, an FBI witness gave Jefferson $100,000 in cash intended as a bribe for an unnamed Nigerian official in 2005.

It said Jefferson put in his home freezer $90,000 of the cash, which was separated into amounts of $10,000, wrapped in aluminum foil and concealed inside various frozen food containers.

Representative Jefferson has not responded directly to the indictment, but his lawyer, Robert Trout, stated that his client was innocent and would "fight this indictment and clear his name." Acknowledging the comprehensive investigation carried out against his client, as detailed in the 94-page indictment, Trout pointed out that legislative action was not involved. "There is no suggestion that he promised anyone any appropriations," said Trout. "There were no earmarks. There were no government contracts."

Speaker of the United States House of Representatives Nancy Pelosi expressed some concern over the allegations. "The charges in the indictment against Congressman Jefferson are extremely serious," said Pelosi. "While Mr. Jefferson, just as any other citizen, must be considered innocent until proven guilty, if these charges are proven true, they constitute an egregious and unacceptable abuse of public trust and power."

If found guilty of the charges ultimately, Representative Jefferson faces a maximum sentence of 235 years.



Ex-Alcatel exec pleads guilty to bribery
Breaking Legal News | 2007/06/08 01:55

A former Alcatel executive has pleaded guilty to paying more than $2.5 million in bribes to secure a telephone contract with Costa Rica's state telecommunications agency, the U.S. Department of Justice said Thursday. Christian Sapsizian pleaded guilty to charges of conspiracy and violating the U.S. Foreign Corrupt Practices Act at U.S. District Court in Miami, the DOJ said in a statement. He is set to be sentenced on December 20 and now faces a maximum of 10 years in prison and $580,000 in fines.

According to the DOJ, Sapsizian admitted to paying the bribes to a director at Costa Rica's Instituto Costarricense de Electricidad, in order to secure mobile telephone contracts for his company. Alcatel was eventually awarded a $149 million mobile phone contract in August 2001, the department said.

Sapsizian had been employed by Alcatel and its subsidiaries for more than 20 years. Alcatel merged with Lucent Technologies in late 2006 and the joint company is now known as Alcatel-Lucent.

The Federal Bureau of Investigation continues to investigate the matter, the DOJ said.



Libby lawyers seek prison sentence delay
Breaking Legal News | 2007/06/08 00:36

Lawyers for former US vice-presidential aide I. Lewis "Scooter" Libby asked a federal judge Thursday to delay Libby's prison sentence because they felt they have a good chance of winning an appeal of his conviction. Libby was found guilty of perjury and obstruction of justice in March, and sentenced to 2 1/2- years in prison on Tuesday.

Defense lawyers filed papers with the court Thursday arguing that Special Prosecutor Patrick Fitzgerald did not have the authority to bring charges against Libby, and that they were wrongly barred from questioning NBC reporter Andrea Mitchell about certain aspects of the Valerie Plame scandal. Earlier this week, US District Judge Reggie B. Walton said there was no reason that Libby should not begin serving his sentence while his case is on appeal.



Appeals court ponders fate of book on Cuba
Breaking Legal News | 2007/06/07 08:44

A federal appeals judge asked an attorney Wednesday whether a disputed children's book about Cuban life that omits mention of Fidel Castro's Communist government is the same as one about Adolf Hitler that doesn't mention the Holocaust. The discussion came as the Miami-Dade County School District asked the 11th U.S. Circuit Court of Appeals for permission to remove 49 copies of Vamos a Cuba (A Visit to Cuba) from its libraries. The board argues that the English and Spanish book for 5- to 8-year-olds is inaccurate about life in Cuba.

Senior Circuit Judge Donald Walter presented the hypothetical situation about Hitler to American Civil Liberties Union attorney JoNel Newman, asking her if a school board would be allowed to remove that book from library shelves.

Newman answered by saying that the book about Cuba was a geography book about daily life on the island, not about Castro.

"The political reality in Cuba is not what the book is about, " Newman said. "The School Board can't remove it because it wishes to inject a political message into it."

Board members voted last year to remove the book after a parent who spent time as a political prisoner in Cuba complained. Cuban-Americans, most of them anti-Castro, have significant political sway as the largest ethnic group in Miami.

In seeking to remove the book, the board overruled the decision of two academic advisory committees, as well as the county school superintendent.

But another parent and the American Civil Liberties Union of Florida challenged the removal. A federal judge ruled last summer that the board's opposition to the book was political and that it should add books of different perspectives to its collections instead of removing the offending titles. The ACLU contends that diverse opinions should be represented in school libraries.

Circuit Judge Ed Carnes presented his own hypothetical, asking Newman if a book about North Korea could be pulled from shelves because it failed to mention problems in that Communist government.

Newman countered by saying such political discussions shouldn't be required for books for elementary students, arguing whether a book about the Great Wall of China must mention Chinese Communist leader Mao Tse-tung.

On another issue, the third member of the appeals panel, Circuit Judge Charles Wilson, asked if a book had to be part of the curriculum or required reading in order to be removed from school libraries, where it was available for checkout on a voluntary basis.

"If a book is educationally unsuitable, it can be removed, " said Richard Ovelmen, the School Board's attorney.

Also at issue is whether the ACLU has standing to file its legal challenge.

The court hasn't indicated when it would rule.



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