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Malaysia court to resume Kim Jong Nam murder trial on Jan. 7
Legal News | 2018/11/06 18:08
A Malaysian court on Wednesday set Jan. 7 for two Southeast Asian women charged with murdering the North Korean leader’s half brother to begin their defense, as their lawyers complained that some witnesses were unreachable.

A High Court judge in August found there was enough evidence to infer that Indonesian Siti Aisyah and Vietnamese Doan Thi Huong, along with four missing North Korean suspects, had engaged in a “well-planned conspiracy” to kill Kim Jong Nam.

The women appeared somber but calm during Wednesday’s hearing. The trial had been due to resume Nov. 1 but was postponed after a defense lawyer fell ill.

Aisyah’s lawyers made a new application to the court to compel prosecutors to provide them with statements that eight witnesses had given to police earlier.

Her lawyer, Kulaselvi Sandrasegaram, said they were informed that one of the witnesses, the man who chauffeured Kim to the airport, had died while two Indonesian women who were Aishah’s roommates were believed to have returned to their homeland. She said they have only managed to interview two of the witnesses offered by prosecutors, while two others didn’t turn up for their appointments and couldn’t be contacted.

The witness statements taken by police are important in “the interest of justice” and to ensure that what they say to defense lawyers is consistent with what they told police, Sandrasegaram told reporters later.

Prosecutor Iskandar Ahmad said the police interviews are privileged statements and shouldn’t be made public.

Judge Azmi Ariffin said the court will make a decision on the defense application on Dec. 14. He also set 10 days from Jan. 7 through February for Aishah’s defense and 14 days from March 11 through April for Huong.

The two are accused of smearing VX nerve agent on Kim’s face in an airport terminal in Kuala Lumpur on Feb. 13, 2017. They have said they thought they were taking part in a prank for a TV show. They are the only suspects in custody. The four North Korean suspects fled the country the same morning Kim was killed.

Lawyers for Aisyah, 25, and Huong, 29, have told the judge they will testify under oath in their defense.

They have said their clients were pawns in a political assassination with clear links to the North Korean Embassy in Kuala Lumpur, and that the prosecution failed to show the women had any intention to kill. Their intent is key to concluding they are guilty of murder.


Attorney files challenge to eastern Iowa judge appointment
Legal News | 2018/11/03 13:31
An Iowa attorney has filed documents in state court challenging the validity of Gov. Kim Reynolds’ appointment of an eastern Iowa judge.

Lawyer Gary Dickey says Reynolds failed to appoint Judge Jason Besler within 30 days as required by the Iowa Constitution.

Reynolds filed the paperwork to appoint Besler in June five days after the deadline had passed. She says she made the appointment by the deadline verbally to her chief of staff but acknowledges no documentation exists to prove it.

Dickey, who served as former Democratic Gov. Tom Vilsack’s chief attorney, filed documents Thursday seeking permission of the court to challenge Besler’s appointment.

Dickey also seeks to move it from eastern Iowa, where Besler sits as a judge, to Des Moines to avoid having fellow district judges ruling on his status.

In October Iowa Supreme Court Chief Justice Mark Cady said the governor’s word that the appointment was timely deserves respect unless resolved differently through the legal proces




Judge: Michael Avenatti must pay $4.85M in ex-lawyer's suit
Legal News | 2018/10/23 04:30
Porn actress Stormy Daniels' lawyer Michael Avenatti must pay $4.85 million to an attorney who worked at his former law firm, a California judge ruled Monday in an order that holds the potential presidential candidate personally liable in a lawsuit over back pay.

The Los Angeles judge ordered the payout the same day a separate ruling came down evicting Eagan Avenatti LLC from its office space in Southern California after four months of unpaid rent.

In the case over back pay, Los Angeles Superior Court Judge Dennis Landin ruled that Avenatti personally guaranteed a settlement with attorney Jason Frank, who said Eagan Avenatti misstated its profits and that he was owed millions of dollars.

Avenatti, who is best known for representing Daniels in her lawsuit against President Donald Trump following an alleged 2006 affair, did not appear at Monday's hearing and never filed arguments in the case.



Court to hear case over ID of Texas execution drug supplier
Legal News | 2018/10/20 21:38
The Texas Supreme Court has reversed itself and granted the state's request to review a case dealing with the disclosure of an execution drug supplier that officials have fought for years to keep secret.

The Texas Supreme Court on Friday approved the state's appeal asking that it review a lower court's order that the state's prison agency must identify its execution drug supplier.

In June, the court had denied the state's request to review the ruling by Texas' 3rd Court of Appeals.

The case stems from a lawsuit seeking to identify the supplier Texas used in two 2014 executions. A measure was signed into law the next year allowing the state to keep future supplier records secret. Oral arguments in the case have been set for Jan. 23.

Maldives court overturns prison term for ex-president

A high court in the Maldives on Thursday overturned a prison sentence for the country's former strongman, who had been jailed for not cooperating with a police investigation into allegations he was trying to overthrow the government.

The court set aside the jail term of one year, seven months and six days imposed by the Criminal Court on ex-President Maumoon Abdul Gayoom.

Maumoon was jailed in June for not handing over his cellphone to investigators after being accused of being part of a plan to overthrow his half-brother, outgoing President Yameen Abdul Gayoom. Maumoon was among dozens of political opponents and officials jailed by Yameen during his five-year rule after trials criticized for alleged lack of due process.

Yameen lost last month's presidential election to joint opposition candidate Ibrahim Mohamed Solih. The court ruled Thursday that the lower court did not follow correct trial procedures.


Manhattan DA drops part of Weinstein case
Legal News | 2018/10/11 14:58
Manhattan’s district attorney dropped part of the criminal sexual assault case against Harvey Weinstein on Thursday after evidence emerged that cast doubt on the account one of his three accusers provided to the grand jury.

The development was announced in court Thursday with Weinstein looking on.

The tossed charge involves allegations made by one of the three accusers in the case, Lucia Evans, who was among the first women to publicly accuse Weinstein of sexual assault.

In an expose published in The New Yorker one year ago Wednesday, Evans accused Weinstein of forcing her to perform oral sex when they met alone in his office in 2004 to discuss her fledgling acting career. At the time, Evans was a 21-year-old college student.

Assistant District Attorney Joan Illuzzi-Orbon told the judge that prosecutors wouldn’t oppose dismissal of the count in the case involving Evans. She insisted the rest of the case, involving two other accusers, was strong.

“In short, your honor, we are moving full steam ahead,” she said.

Weinstein’s lawyer, Benjamin Brafman, told the judge he believed Evans had lied both to the grand jury and to The New Yorker about her encounter with Weinstein. He also said he believed a police detective had corruptly attempted to influence the case by keeping a witness from testifying about her misstatements.


Supreme Court nominee Kavanaugh clears crucial Senate hurdle
Legal News | 2018/10/05 23:22
A deeply divided Senate pushed Brett Kavanaugh's Supreme Court nomination past a key procedural hurdle Friday, setting up a likely final showdown this weekend in a battle that's seen claims of long-ago sexual assault by the nominee threaten President Donald Trump's effort to tip the court rightward for decades.

The Senate voted 51-49 to limit debate, effectively defeating Democratic efforts to scuttle the nomination with endless delays. With Republicans clinging to a two-vote majority, one Republican voted to stop the nomination, one Democrat to send it further.

Of the four lawmakers who had not revealed their decisions until Friday, Republican Sens. Susan Collins of Maine and Jeff Flake of Arizona voted yes, as did Democrat Joe Manchin of West Virginia. Republican Lisa Murkowski of Alaska voted not to send the nomination to the full Senate.

Lawmakers might vote differently on the climactic confirmation roll call, and Collins told reporters that she wouldn't rule out doing so. That left unclear whether Friday's tally signaled that the 53-year-old federal appellate judge was on his way to the nation's highest court. Confirmation would be a crowning achievement for Trump, his conservative base and Senate Majority Leader Mitch McConnell, R-Ky.

The vote occurred a day after the Senate received a roughly 50-page FBI report on the sexual assault allegations, which Trump ordered only after wavering GOP senators forced him to do so.

Republicans said the secret document — which described interviews agents conducted with 10 witnesses — failed to find anyone who could corroborate allegations by his two chief accusers, Christine Blasey Ford and Deborah Ramirez. Democrats belittled the bureau's findings, saying agents constrained by the White House hadn't reached out to numerous other people with potentially important information.

The vote also occurred against a backdrop of smoldering resentment by partisans on both sides. That fury was reflected openly by thousands of boisterous anti-Kavanaugh demonstrators who bounced around the Capitol complex for days, confronting senators in office buildings and even reportedly near their homes.


High court denies review of Grand Canyon-area mining ban
Legal News | 2018/10/02 16:23
The U.S. Supreme Court won't review an Obama-era action that put land around the Grand Canyon off-limits to new mining claims, ending the legal battle as environmentalists keep a close eye on actions by the Trump administration that they fear could lead to more access for the mining industry.

The Obama administration put about 1,562 square miles (4,045 square kilometers) outside the boundaries of the national park off-limits to new hard rock mining claims until 2032. The 20-year ban was meant to slow a flurry of mining claims over concern that the Colorado River — a major water source serving 30 million people — could become contaminated and to allow for scientific studies.

The mining industry asked the Supreme Court in March to review the ban, saying it was based on an unconstitutional provision of federal law. The high court on Monday declined the request, leaving the ban in place.

"Clearly, we're disappointed," said Ashley Burke, a spokeswoman for the National Mining Association. "There continues to be great risk to our domestic supply chain thanks to unwarranted withdrawals like this." Burke said the association will continue advocating for land access. The American Exploration and Mining Association also challenged the ban. Environmentalists hailed the court's decision but are worried the ban could be undone administratively.





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