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Man run down, 50 years after killing girl in hit-and-run
Legal Interview | 2018/06/02 06:56
A Vietnam War veteran who confessed five years ago to killing a 4-year-old girl in a 1968 hit-and-run was trying to protect children when a woman drove her car onto a baseball field in Maine during a game, striking and killing him.

Screaming bystanders and ballplayers fled as Carol Sharrow, of Sanford, Maine, drove through an open gate onto the field Friday night, police said. Video shows the car driving around the infield, turning over home plate and then heading toward the stands behind third base.

Douglas Parkhurst, of West Newfield, was near the park's main gate before he was hit and Sharrow sped away, police said. Parkhurst died on the way to the hospital and no one else was hurt.

"It was awful," said Sanford resident, Karyn Bean, who said she saw Parkhurst being struck. "A car driving through the gate hitting a man who was pushing kids out of the way, then her driving up the road easily doing 50 to 60 miles per hour past us.

"It felt awful because we couldn't do anything."

Sharrow was scheduled to appear in court later Monday to face a manslaughter charge. She was to have an attorney appointed to represent her then.

Sharrow has two previous drunken driving convictions in Maine and New Hampshire, according to Sanford police Det. Sgt. Matthew Jones. Authorities have declined to say whether alcohol was involved on Friday.

Parkhurst was never charged in the hit-and-run death that killed Carolee Ashby on Halloween night in 1968. The statute of limitations had long run out when Parkhurst walked into a police station in 2013 and confessed after two interviews with investigators.

In his four-page confession obtained by the Syracuse Post-Standard during its reporting about the case, Parkhurst said he and his brother had been drinking before he hit the girl. He said his brother was passed out in the back seat.


Detroit-area couple in court over control of frozen embryos
Attorneys News | 2018/06/02 06:55
A Detroit-area woman seeking custody of as many as 10 frozen embryos is asking a judge to appoint a guardian over them while she clashes with her former partner for control.

Gloria Karungi and Ronaldlee Ejalu have a daughter who has sickle cell disease. Karungi believes if she can bear another child with one of the embryos, bone marrow cells from that sibling could potentially cure the girl's blood illness.

But Ejalu must give his consent, according to a contract with an in vitro fertilization clinic, and he's not interested. Karungi and Ejalu never married and are no longer together.

Oakland County Judge Lisa Langton last year said she didn't have the authority to wade into the embryo dispute; she was simply determining financial support and parenting time for the couple's daughter. But the Michigan appeals court sent the case back to Langton for more work, including an evidentiary hearing if necessary.

Karungi "wants to cure her daughter and is seeking the embryos to that end. ... Without the embryos coming to term, that child has no ability to be cured," the woman's attorney, Dan Marsh, said in a court filing.

Ejalu's lawyer, Dan Weberman, said he'll argue again that a Family Division judge has no role in what's basically a contract quarrel. He also said it's misleading for Karungi to claim that cells from a sibling are the only cure for the 7-year-old girl.

"They want to paint a picture like she's on her death bed," Weberman told The Associated Press. "She's in school. She's a happy girl. She gets treatment once a month."

Ejalu no longer believes that using frozen embryos is a good idea.

"He doesn't feel ethically that a life should be created for human tissue harvesting. That's somewhat mind-boggling," Weberman said.

Under orders from the appeals court, Langton on June 20 again will hear arguments on whether she has jurisdiction over contested property held by unmarried parties. But in the meantime, the judge has scheduled a hearing for Wednesday on Karungi's request to have a lawyer appointed as guardian over the embryos.


Spanish court nixes terrorism accusation in Basque incident
Legal Watch | 2018/06/01 20:56
Spain's National Court has sentenced seven men and a woman to between two and 13 years in prison for beating up two police officers and their girlfriends, but rejected the prosecutors' argument that the defendants should face terror charges.

The call for terror charges caused outrage at the trial because the incident took place two years ago in an area of northern Spain with a strong Basque identity.

The Basque region is trying to put behind it decades of violence at the hands of armed separatist group ETA, which killed more than 800 people, including police, before giving up its armed campaign in 2011.

The court said in sentencing Friday that terrorist intent was not proven and that the accused did not belong to a terrorist organization.



Romania: Court tells president to fire anti-graft prosecutor
Legal Watch | 2018/05/29 06:57
Romania's top court on Wednesday told the country's president to fire the chief anti-corruption prosecutor, widely praised for her efforts to root out high-level graft, but a thorn in the side of some politicians.

The move angered some Romanians. More than 1,500 people gathered in protest in Bucharest, the capital, and hundreds rallied in the western cities of Timisoara and Sibiu calling the court "a slave" of the ruling Social Democratic Party.

The constitutional court ruled in a 6-3 vote that there had been an institutional conflict after President Klaus Iohannis disagreed with the justice minister's assessment that National Anti-Corruption Directorate Chief Prosecutor Laura Codruta Kovesi should be dismissed on grounds of failing to do her job properly.

In his February report calling for her dismissal, the minister, Tudorel Toader, said she was authoritarian, claimed that prosecutors falsified evidence and asserted that the number of acquittals was too high. He also said she had harmed Romania's image in interviews with foreign journalists. Kovesi later refuted his accusations.

Under her leadership, the agency has successfully prosecuted lawmakers, ministers and other top officials for bribery, fraud, abuse of power and other corruption-related offenses.

Kovesi's departure would be a blow to the agency, respected by ordinary Romanians, the European Union and the U.S. The court will explain its ruling later.



Judge allows Palin's son therapeutic court for proceedings
Legal Watch | 2018/05/19 06:58
The eldest son of former Republican vice presidential candidate Sarah Palin will go through Alaska's therapeutic court system in a criminal case accusing him of assaulting his father last year at the family home.

State District Judge David Wallace on Tuesday approved Track Palin's request to formally transfer his case to Veterans Court, which gives eligible veterans the option of enrolling in mental health treatment programs instead of a traditional sentence.

The judge also barred the media from using cameras or other recording devices during that proceeding after Track Palin's attorney filed a motion seeking to prohibit or limit media access. Wallace said he will formally rule on the matter later.

The motion to limit media access was filed Friday by Track Palin's attorney, Patrick Bergt, in an effort to ensure the case does not become a distraction to other veterans in the system.

Veterans Court program rules say veterans opt in by agreeing to plead guilty or not guilty to at least one charge.

Bergt declined to say if his client is making such a plea to get into the program, adding he can't comment on specifics of the case.


The Latest: Colorado governor announces Supreme Court pick
Court Center | 2018/05/19 06:57
Gov. John Hickenlooper has named Carlos Samour to the Colorado Supreme Court, filling a vacancy left by Chief Justice Nancy Rice's imminent retirement.

Samour, a judge in the 18th Judicial District in Arapahoe County, is best known for presiding over the Aurora theater shooting trial in 2015.

Samour was raised in El Salvador, where his father was also a judge. Hickenlooper said his family fled the country when Samour was 13 because his father feared retaliation for finding a military official guilty.

"His father was ousted from his judicial position and his home was riddled by bullets because his father chose to faithfully apply the laws of that country," said Hickenlooper, a Democrat.

Samour was chosen from three nominees after Rice in March announced her plans to retire at the end of June. She will have served more than four years as chief justice, nearly 20 years on the court and about 31 years total as a judge in Colorado.

Gov. John Hickenlooper on Wednesday plans to announce his choice to fill a vacancy on the Colorado Supreme Court.

Earlier this month, a judicial nominating commission gave the governor three judges to choose from, after Chief Justice Nancy Rice announced her retirement.

The nominees are Maria Berkenkotter, the former chief judge of the 20th Judicial District in Boulder County; Karen Brody, a judge in the 2nd Judicial District in Denver County; and Carlos Samour, a judge in the 18th Judicial District in Arapahoe County.


Court to consider fraud investigator in NFL concussion case
Legal Interview | 2018/05/12 06:58
A federal judge in Philadelphia is scheduled to hear arguments in the NFL's request for a special investigator to look into what the league says are fraudulent claims in a $1 billion concussion settlement.

The league last month cited an independent study it said found that more than 400 claims had been recommended for denial based on evidence of fraud by attorneys, doctors and former players.

Plaintiffs' lawyers contend the league is not awarding settlement funds fast enough. So far, $227 million in claims have been awarded.

The league says attempts to scam the system are responsible for delays. The NFL has asked that the investigator be granted subpoena power.

League officials say a special investigator would help ensure the integrity of the settlement. Arguments are scheduled for Wednesday.



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