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O.J. friend to testify for defense in Vegas trial
Court Watch | 2008/10/01 07:05
The wedding of a close friend brought O.J. Simpson and other men together last year around a Las Vegas hotel-casino pool, where prosecutors allege plans were made for the armed robbery of two sports memorabilia dealers peddling the former football star's mementoes.

Defense lawyers maintain that Simpson was just trying to retrieve personal belongings, family photos and heirlooms that had been stolen from him years ago.

On Wednesday, the jury that heard the prosecution's case against Simpson and co-defendant Clarence "C.J." Stewart was scheduled to hear from defense witness, Thomas Scotto, the wedding groom for whom Simpson came to Las Vegas to serve as best man.

Scotto, 46, a North Miami Beach, Fla., auto repair shop owner, served as go-between and banker for Simpson after Simpson's arrest Sept. 16, 2007, and again following his re-arrest in January when he was accused of violating terms of his bail release.

Scotto, who was preparing for his wedding, did not accompany Simpson from the Palms resort pool to the alleged armed robbery in a Palace Station casino hotel room. But his name is heard on audio recordings played for the jury during the first 11 days of testimony in the case.

Simpson and Stewart have pleaded not guilty to 12 criminal charges, including armed robbery and kidnapping. Each man could face five years to life in prison if convicted in the Sept. 13., 2007, confrontation.

The prosecution rested Monday, and the courtroom was dark Tuesday for a scheduled day off. Clark County District Court Judge Jackie Glass said outside the presence of the jury that closing arguments could come as early as Thursday. The jury would then begin deliberations.

Simpson's lawyers told the judge that Scotto could be their last witness. Outside court, defense lawyers said no decisions had been made whether Simpson or Stewart would testify. Stewart's lawyers said they expect to call several witnesses.

Simpson's defense lawyers brought one of the alleged victims, Alfred Beardsley, back to the witness stand. The sports memorabilia dealer repeated that charges against Simpson should be dropped, and said again that he and Simpson had been "set up" by Thomas Riccio, the collectibles broker who arranged their hotel room meeting.



Ex-CIA executive pleads guilty to wire fraud
Court Watch | 2008/09/30 10:49
A former high-ranking CIA official pleaded guilty Monday to abusing his influence within the agency to direct lucrative contracts toward an old friend who showered him with tens of thousands of dollars worth of gifts.

Kyle "Dusty" Foggo, 53, of Vienna, Va., struck a deal in U.S. District Court, pleading guilty to a single count of wire fraud for "depriving the United States and its citizens of their right to his honest services."

As part of the plea, prosecutors dropped 27 other counts against him and agreed to seek a prison term no longer than three years and a month.

Foggo was the agency's third-highest ranking officer from 2004 to 2006 and responsible for its daily operations. He will be sentenced on Jan. 8 and faces up to 20 years in prison. However, it is far more likely that U.S. District Judge James Cacheris will impose a sentence more closely in line with the three-year term recommended by prosecutors.

Foggo was not charged with taking bribes, but prosecutors said in court papers that he received up to $70,000 worth of gifts from his friend Brent Wilkes, a defense contractor. The gifts included expensive dinners at gourmet steakhouses and free vacations for Foggo and his family in Scotland and Hawaii.

He and his lawyer declined comment after the hearing.



Appeals court reviews ruling on former Qwest CEO
Court Watch | 2008/09/25 08:13
The insider trading conviction of former Qwest Chief Executive Joe Nacchio is going back to court.

The full 10th U.S. Circuit Court of Appeals will hear arguments Thursday as judges review a decision overturning Joe Nacchio's April 2007 conviction.

Prosecutors argued he sold $52 million worth of stock when he knew Denver-based Qwest Communications International Inc. was at risk while other investors did not.

In March, a three-judge panel of the appeals court ruled that the trial judge improperly barred testimony from a defense witness. Prosecutors sought a review by the full appeals court, which granted the request.

Still pending is a civil lawsuit the Securities and Exchange Commission filed against former Qwest executives, including Nacchio.



Okla. judge who used sex device in court disbarred
Court Watch | 2008/09/24 10:26
The Oklahoma Supreme Court on Tuesday disbarred a former judge who served prison time for using a sexual device while presiding over trials.

Former Creek County District Judge Donald Thompson, 61, was accused of using a "penis pump" in court and convicted in June 2006 on four counts of indecent exposure.

Thompson was released in April after serving 20 months of a four-year prison term and has had to register as a sex offender. He was suspended from the bar association in late 2006.

The opinion written by Supreme Court Justice John Reif states that discipline less than disbarment has been imposed in cases involving felony convictions.

"However, the nature of the crimes in this matter led this Court to conclude that nothing less than disbarment is appropriate. The conduct was not isolated, having occurred over a fairly lengthy period of time and on four separate occasions," Reif wrote.

Thompson maintained during trial that the device was given to him as a gag gift by a hunting buddy and denied ever using it during trials. The Supreme Court said he never responded to requests for a hearing on his disbarment.

Thompson's attorney, Clark Brewster, said Thompson never had any intention of practicing law after he resigned in 2004 when the allegations were first made.



Court: US govt can't block detainee photos release
Court Watch | 2008/09/22 05:58
An appeals court says the federal government must release 20 photographs of U.S. soldiers and detainees in Iraq and Afghanistan that were demanded by a civil rights group seeking to expose abuse.

The federal appeals court in New York on Monday rejected the government's claim that releasing the photos would endanger the lives or physical safety of U.S. troops and civilians in Iraq and Afghanistan.

A lower court judge had already ordered that identifying facial features be removed from the pictures before they are released to the American Civil Liberties Union.



Virginia QB admits probation violation in court
Court Watch | 2008/09/19 01:59
Peter Lalich, the starting quarterback at Virginia for the first two games before he was sidelined by legal trouble, admitted Thursday to violating his probation by drinking, but told a judge he has not recently smoked marijuana.

During a court appearance that was moved up at the request of his attorney, Lalich told General District Court Judge Robert Downer that he misspoke when admitting to his probation officer that he had smoked marijuana since his arrest on July 21 for underage drinking.

He said the results of drug tests he provided to the court backed his claim.

Lalich, 20, was placed in a pre-conviction probation program after being charged with unlawful purchase and possession of alcohol, a misdemeanor. He is scheduled to return to court July 21, 2009, at which time the charge will be dropped if he stays out of trouble.

In a statement distributed by Lalich's attorney, Tim Heaphy, Lalich said he has learned about personal responsibility from his problems and pledged to clean up his behavior.

"My family, the University of Virginia and the court have all given me opportunities to succeed in life," his statement said. "I know that my actions have disappointed the people who have helped me. From this point forward, I will try my best to show my family, the university, my teammates, the court and everyone else that I am worthy of their faith and trust in me."

Downer told Lalich he tries to give people that come before him charged with underage drinking the chance to utilize the probation program, but also warned him that he would face a $500 fine or 50 hours of community service if he violated probation once more.

It was not immediately clear what impact the court proceedings would have on Lalich's status with the football team.



McNamee again asks judge to toss Clemens lawsuit
Court Watch | 2008/09/18 04:20
Brian McNamee responded to Roger Clemens by again asking a federal judge to toss out the pitcher's defamation suit or move it to a New York court.

In papers filed late Wednesday night with the U.S. District Court in Houston, McNamee replied to Clemens' submission on Aug. 7, which urged the court to reject McNamee's July motion to dismiss the case.

"From the Sunday evening in early January when Clemens first filed this case until today, his entire focus has been to enervate Brian McNamee, someone he knows to have almost no money, by dragging him into Texas courts where, in Clemens's view, he will have a better shot at preventing Brian from defending himself," McNamee's lawyers wrote.

"This is Clemens's continuing bully tactic to try to `prove' his lies and salvage the career he destroyed by prevaricating in front of the fans who watched him self-destruct on national television."

U.S. District Judge Keith P. Ellison could decide the motion on papers or schedule oral arguments in the case.

Clemens sued McNamee, his former trainer, for defamation after McNamee told baseball investigator George Mitchell that the seven-time Cy Young Award winner used steroids and human growth hormone. Clemens also claims he was defamed when McNamee repeated his allegations to SI.com.



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