Thai court sentences migrants to death in murder of British backpackers

Lawyer Blog Post 2015/12/23 16:45   Bookmark and Share
A Thai court on Thursday sentenced two Myanmar migrants to death for the murder of two British backpackers on a resort island last year, in a case that raised questions about police competence and the treatment of migrant workers in Thailand.

Human Rights Watch called the verdict "profoundly disturbing," citing the defendants' accusations of police torture that were never investigated and questionable DNA evidence linking them to the crime.

Win Zaw Htun and Zaw Lin, both 22, have denied killing David Miller, 24, and raping then murdering Hannah Witheridge, 23, last year on the island of Koh Tao. Their defense attorney said they planned to appeal.

Miller and Witheridge's battered bodies were found Sept. 15, 2014, on the rocky shores of Koh Tao, an island in the Gulf of Thailand known for its white sand beaches and scuba diving. Autopsies showed that the young backpackers, who met on the island while staying at the same hotel, suffered severe head wounds and that Witheridge had been raped.

The killings tarnished the image of Thailand's tourism industry, which was already struggling to recover after the army staged a coup just months earlier in May 2014 and then imposed martial law.

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ACLU to appeal court ruling in Missouri drug testing case

Court Watch 2015/12/22 16:45   Bookmark and Share
The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college’s plan to force every incoming student to be tested for drugs.

Tony Rothert, legal director for the ACLU’s Missouri chapter, told the Jefferson City News Tribune that the 8th U.S. Circuit Court of Appeals has given the organization until Jan. 4 to file a petition seeking a rehearing by either the same three-judge panel that issued the ruling earlier this month, or by all of the active 8th Circuit judges.

“We intend to request both,” Rothert said. “While rehearing is difficult to obtain, we are fortunate in this case to have a majority decision that is poorly crafted and departs from 8th Circuit and Supreme Court precedent.”

The ACLU filed the federal lawsuit in 2011 challenging a mandatory drug-testing policy Linn State Technical College’s Board of Regents approved in June of that year. The school since has changed its name to State Technical College of Missouri.

The lawsuit argued the policy violated the students’ Fourth Amendment right “to be secure . against unreasonable searches and seizures.”

When it started the program, the school said the testing policy was intended “to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical College by detecting, preventing and deterring drug use and abuse among students.”

Under the policy, students had to pay a $50 fee for the drug test and could be blocked from attending if they refused to be tested.

U.S. District Judge Nanette Laughrey issued a ruling in September 2013 that limited the drug testing to five Linn State programs. But in its 2-1 vote earlier this month, the federal appeals court panel overturned her ruling as too narrow.

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Ex-Costa Rica soccer chief pleads not guilty in FIFA probe

Court Watch 2015/12/19 16:45   Bookmark and Share
The former head of the Costa Rican football federation has pleaded not guilty in the U.S. after being charged in a sprawling investigation of bribes and kickbacks involving FIFA, soccer's governing body.

Eduardo Li pleaded not guilty during an initial appearance Friday in U.S. District Court in Brooklyn.

Authorities say Li was extradited to the U.S. a week after withdrawing his appeal against being sent. He was brought to New York on Friday.

Li's attorney says his client voluntarily returned to the U.S. and intends to fight the allegations.

About 20 soccer officials have been indicted on charges stemming from the U.S. investigation of corruption in the sport.

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Court papers: Witness ID'd man in playground shooting

Legal Business 2015/12/02 22:52   Bookmark and Share
A witness's statement and photo identification led to the arrest of a man accused in a playground shootout that wounded 17 people, court papers show.

Joseph "Moe" Allen, 32, faces 17 counts of attempted murder in the Nov. 22 gunfight at Bunny Friend Playground after a neighborhood parade. He's being held in lieu of $1.7 million bond on those charges, and without bond on a Texas warrant accusing him of violating probation.

Defense attorney Kevin Boshea did not immediately return a call and email Monday. Allen's mother, Deborah Allen, told NOLA.com ' The Times-Picayune Sunday night that her son was in Texas the night of the gunfight. Calls to her home on Monday got repeated busy signals.

Police are still trying to identify other people involved in the shooting. Allen's arrest was based on a witness who gave the "name and nickname of one of the many shooters ... in this mass shooting," and then identified Allen in a "six-pack photographic lineup" at the local police station, New Orleans police Detective Chad Cockerham said in a sworn statement.

Allen "was observed walking into Bunny Friend Playground and firing a semi-automatic handgun into the crowd," Cockerham said.

Cockerham described hearing a "barrage of gunfire erupt" at Bunny Friend Playground as police headed there to break up an "unauthorized party."

"They were met with chaos and panic of citizens running in numerous directions across the park as well as throughout the surrounding streets," he wrote, adding that "tires ... were spinning and screeching."

For Allen, the Texas warrant was issued Nov. 25, based on the New Orleans allegations, since travel outside of Texas would violate Allen's parole, said Jason Clark, a spokesman for the Texas Department of Criminal Justice.

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High Court rules against Northern Ireland's abortion law

Legal Business 2015/12/01 22:51   Bookmark and Share

A Belfast High Court ruling is expected to ease Northern Ireland's strict anti-abortion laws to make it easier for women to terminate pregnancies in some cases.

Abortions are illegal in Northern Ireland except in extreme cases when a woman's life is deemed at risk from her pregnancy. Judge Mark Horner said Monday that certain prohibitions violate the provisions of the European Convention on Human Rights — cases where a fetus has fatal abnormalities or when a woman became pregnant as a result of sexual crimes like rape or incest.

John Larkin, attorney general for Northern Ireland, said he was "profoundly disappointed" by the court's ruling and said he is studying grounds for a possible appeal.

Northern Ireland is part of the United Kingdom, but it has much more restrictive abortion laws than the other regions.

Judge Horner said the present law making it illegal for a mother to terminate her pregnancy where her fetus cannot survive independently once it leaves the womb constitutes a "gross interference with her personal autonomy." He said in such cases "there is no life to protect."

Horner also said the existing law is unfair to victims of sexual crimes who become pregnant.
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2 charged in pastor's wife killing say little in court

Court News 2015/12/01 22:51   Bookmark and Share
Two young men charged in the shooting death of an Indianapolis pastor's pregnant wife gave brief answers to a judge's questions Tuesday during their first court appearance since their arrest.

Marion County Superior Court Judge Grant Hawkins entered not guilty pleas for 18-year-old Larry Taylor Jr. and 21-year-old Jalen Watson and appointed attorneys for the Indianapolis men during their initial hearing on murder, burglary, theft and several other charges. The judge also set a Jan. 8 pretrial conference for both men.

Taylor, who authorities allege fatally shot 28-year-old Amanda Blackburn earlier this month, appeared distracted, swiveling back and forth in his chair. Hawkins told Taylor more than once that he needed to respond clearly and audibly to each of his questions about whether he understood the charges, rather than only "yeah." Watson, however, said "yes" and "yes sir," throughout.

Prosecutors said Taylor and Watson entered through the unlocked front door of Blackburn's home shortly after her husband, Pastor Davey Blackburn, left for the gym about 6 a.m. Nov. 10. A probable cause affidavit says Taylor shot Amanda Blackburn three times, including once in the back of the head.

Watson faces a murder charge because Blackburn was killed during a home burglary and prosecutors allege that he was involved in it.

Marion County Prosecutor Terry Curry said Monday it was not clear whether Blackburn, who was 13 weeks pregnant, had been sexually assaulted; she was found partially nude. Prosecutors have filed a request with the court that seeks to enhance the murder charge Taylor faces, citing that she was pregnant at the time of her killing.

Under the state's request, an additional six to 20 years could be added to Taylor's sentence if he is convicted or pleads guilty to the murder charge, and the jury or judge finds that prosecutors have proven that Taylor caused the termination of her pregnancy.

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