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‘The Mentalist’ star Simon Baker admits drinking and driving in Australia
Legal News | 2024/09/11 15:40
Australian actor and director Simon Baker, best known for his role as Patrick Jane in the CBS drama series “The Mentalist,” avoided a conviction Wednesday after pleading guilty to a charge of driving under the influence of alcohol near his rural home.

The 55-year-old appeared in the Mullumbimby Local Court in New South Wales state for sentencing after pleading guilty the week before to a charge of driving with a blood-alcohol concentration exceeding the legal limit of 0.05%.

Baker acted alongside Meryl Streep and Anne Hathaway in the Oscar-nominated 2006 film “The Devil Wears Prada” before starring as a former professional psychic who became a California Bureau of Investigation consultant in the hit series “The Mentalist” for eight seasons until 2015. He has worked on multiple shows and movies since, including a movie adaptation of Kazuo Ishiguro’s “ Klara and the Sun ” directed by Taika Waititi with an expected 2025 release.

Magistrate Kathy Crittenden accepted that Baker was remorseful and was unlikely to drive after drinking again. She released him on a nine-month good behavior bond with no conviction recorded. Australian judges have discretion to not record a conviction against first-time offenders under exceptional circumstances.

Police reported seeing Baker’s Tesla electric car driving erratically in the fashionable Byron Bay region where he lives at 2:11 a.m. July 20.

That was hours after a faulty software update issued by cybersecurity firm CrowdStrike created worldwide technological havoc, disrupting airlines, hospitals, government offices and financial systems. Crittenden said the outage knocked police systems offline and an electronic breath test could not be completed on Baker.

She said police resorted to an “old-fashioned sobriety test.”

Police reported Baker was unsteady on his feet and smelled of alcohol. He told police he had consumed four glasses of wine over dinner since 6 p.m., roughly eight hours prior. He was alone in the car.

Baker was “very polite and cooperative” and “extremely remorseful for his actions,” Crittenden said. Baker had since completed a traffic offenders’ rehabilitation program, the court was told.

Crittenden said four character references were tendered to the court about Baker’s community contributions, significant remorse and attesting to his conduct being out of character.

“The court has little difficulty in finding that Mr. Baker is remorseful for his offending and it is unlikely he will offend again,” she said.


Venezuela’s Supreme Court certifies Maduro’s claims that he won presidential election
Legal News | 2024/08/25 22:24
Venezuela’s Supreme Court has backed President Nicolás Maduro’s claims that he won last month’s presidential election and said voting tallies published online showing he lost by a landslide were forged.

The ruling is the latest attempt by Maduro to blunt protests and international criticism that erupted after the contested July 28 vote in which the self-proclaimed socialist leader was seeking a third, six-year term.

The high court is packed with Maduro loyalists and has almost never ruled against the government.

Its decision, read Thursday in an event attended by senior officials and foreign diplomats, came in response to a request by Maduro to review vote totals showing he had won by more than 1 million votes.

The main opposition coalition has accused Maduro of trying to steal the vote.

Thanks to a superb ground game on election day, opposition volunteers managed to collect copies of voting tallies from 80% of the 30,000 polling booths nationwide and which show opposition candidate Edmundo González won by a more than 2-to-1 margin.

The official tally sheets printed by each voting machine carry a QR code that makes it easy for anyone to verify the results and are almost impossible to replicate.

“An attempt to judicialize the results doesn’t change the truth: we won overwhelmingly and we have the voting records to prove it,” González, standing before a Venezuelan flag, said in a video posted on social media.

The high court’s ruling certifying the results contradicts the findings of experts from the United Nations and the Carter Center who were invited to observe the election and which both determined the results announced by authorities lacked credibility. Specifically, the outside experts noted that authorities didn’t release a breakdown of results by each of the 30,000 voting booths nationwide, as they have in almost every previous election.

The government has claimed — without evidence — that a foreign cyberattack staged by hackers from North Macedonia delayed the vote counting on election night and publication of the disaggregated results.

González was the only one of 10 candidates who did not participate in the Supreme Court’s audit, a fact noted by the justices, who in their ruling accused him of trying to spread panic.

The former diplomat and his chief backer, opposition powerhouse Maria Corina Machado, went into hiding after the election as security forces arrested more than 2,000 people and cracked down on demonstrations that erupted spontaneously throughout the country protesting the results.

Numerous foreign governments, including the U.S. as well as several allies of Maduro, have called on authorities to release the full breakdown of results.

Gabriel Boric, the leftist president of Chile and one of the main critics of Maduro’s election gambit, lambasted the high court’s certification.


5 former officers charged with federal civil rights violations
Legal News | 2023/09/19 03:14
Five former Memphis police officers were charged Tuesday with federal civil rights violations in the beating death of Tyre Nichols as they continue to fight second-degree murder charges in state courts arising from the killing.

Tadarrius Bean, Desmond Mills, Demetrius Haley, Emmitt Martin and Justin Smith were indicted in U.S. District Court in Memphis. The four-count indictment charges them with deprivation of rights under the color of law through excessive force and failure to intervene, and through deliberate indifference; conspiracy to witness tampering; and obstruction of justice through witness tampering.

The charges come nine months after the violent beating during a Jan. 7 traffic stop near Nichols’ Memphis home, in which they punched, kicked and slugged the 29-year-old with a baton as he yelled for his mother. Nichols died at a hospital three days later. The five former officers, all Black like Nichols, have pleaded not guilty to state charges of second-degree murder and other alleged offenses in the case.

“We all heard Mr. Nichols cry out for his mother and say ‘I’m just trying to go home,’” Attorney General Merrick Garland said in a video statement after the indictment. “Tyre Nichols should be alive today.”

U.S. Attorney Kevin Ritz in West Tennessee said at an afternoon news briefing that the state and federal cases are on separate tracks. Ritz declined to predict how quickly they would proceed.

Kristen Clarke, who leads the U.S. Department of Justice’s civil rights division, said at the appearance that the five former officers used excessive force, failed to advise medical personnel about Nichols’ injuries and conspired to cover up their misconduct.

“In our country, no one is above the law,” she said, adding she met earlier Tuesday with Nichols’ mother and stepfather. Caught on police video, the Nichols beating was one in a string of violent encounters between police and Black people that sparked protests and renewed debate about police brutality and police reform in the U.S.

Nichols’ mother, RowVaughn Wells, said she was surprised that the federal charges “happened so quickly.” The investigation that led to the indictment was announced in the weeks after the Jan. 7 beating death.


Suspect in fatal stabbing of Cash App founder pleads not guilty
Legal News | 2023/05/17 23:20
Tech consultant Nima Momeni pleaded not guilty Thursday to a murder charge in the stabbing death of Cash App founder Bob Lee on the streets of San Francisco.

San Francisco Superior Court Judge Victor Hwang ordered Momeni, 38, kept in jail without bail, saying he posed a public safety risk if released. Momeni, who appeared in an orange sweatshirt and pants, did not speak, and his attorney Paula Canny entered the plea on his behalf.

The case has drawn national attention, partly given Lee’s status in the tech world. Lee was found with three stab wounds, including one to the heart, shortly after 2:30 a.m. April 4 and was taken to a hospital where he later died. He was found in the Rincon Hill neighborhood in downtown San Francisco, which has tech offices and condominiums but little activity in the early morning hours.

Lee, 43, created Cash App, a mobile payment service, and was the chief product officer of the cryptocurrency MobileCoin. He was mourned as a loving father of two who made friends wherever he went.

Prosecutors have not provided a motive but say Momeni stabbed Lee after a dispute related to Momeni’s sister, who appeared in court Thursday alongside their mother.

Assistant District Attorney Omid Talai argued Thursday to detain Momeni without bail, saying that the defendant drove Lee to a secluded spot and used a knife that was part of a unique kitchen set belonging to his sister. Police recovered a knife with a 4-inch (10-centimeter) blade at the scene.

Talai said that analysis showed Momeni’s DNA on the handle of the knife and Lee’s DNA on the bloody blade and no evidence that Lee had touched the handle, contradicting Canny’s claim of self-defense for her client.

But Canny said that Momeni did not drive Lee to a secluded spot with the aim of killing him. Instead, she said, Lee directed him to pull over after calling an Uber because the two had argued. The last time Momeni saw Lee, Canny said, Lee was standing upright and walking away.



Alabama must disclose status of nitrogen hypoxia executions
Legal News | 2022/09/14 20:36
A federal judge told Alabama to stop being vague and give a firm answer by Thursday evening on if the prison system is ready to use the untested execution method of nitrogen hypoxia at an execution next week.

U.S. District Judge R. Austin Huffaker, Jr. gave the state the deadline to file an affidavit, or declaration, on whether the state could try to execute inmate Alan Miller by nitrogen hypoxia on Sept. 22 if the use of lethal injection is blocked. The order came after the state dangled the possibility during a Monday court hearing of being ready to become the first state to attempt an execution with nitrogen hypoxia.

Nitrogen hypoxia is a proposed execution method in which death would be caused by forcing the inmate to breathe only nitrogen, thereby depriving him or her of the oxygen needed to maintain bodily functions. It’s authorized as an execution method in three states — Alabama, Oklahoma and Mississippi — but has never been used.

The state provided “vague and imprecise statements regarding the readiness and intent to move forward with an execution on September 22, 2022, by nitrogen hypoxia,” Huffaker said.

The judge asked the state Monday whether it was ready to use the method at Miller’s execution. A state attorney replied that it was “very likely” it could use nitrogen hypoxia next week, but said the state prison commissioner has the final decision.

“On or before September 15, 2022 at 5:00 p.m. CDT, the defendants shall file an affidavit or declaration of Commissioner John Q. Hamm, Attorney General Steve Marshall, or other appropriate official with personal knowledge, definitively setting forth whether or not the Defendants can execute the Plaintiff by nitrogen hypoxia on September 22, 2022,” the judge wrote in a Tuesday order.

Miller is seeking to block his scheduled execution by lethal injection, claiming prison staff lost paperwork he returned in 2018 choosing nitrogen hypoxia as his execution method.

Miller testified Monday that he is scared of needles so he signed a form selecting nitrogen hypoxia as his execution method. He said he left the form in his cell door tray for an prison officer to pick up. The state said there is no evidence to corroborate his claim.


Construction to begin on roadway, but legal fight remains
Legal News | 2022/06/20 19:56
Construction is scheduled to begin this week on a long-planned road project in the south end of Burlington, Mayor Miro Weinberger said.

The comments came after a federal judge lifted an order that blocked work on the first phase of what is known as the Champlain Parkway.

The first phase of construction will include tree removal and work to protect a brook running through the area.

Opponents say the project does not match current transportation needs and will harm residents in one of the city’s poorest neighborhoods.

In the Friday order, U.S. District Court Judge Geoffrey Crawford said beginning construction of the parkway would not cause irreparable harm to those who oppose the project and there will be time to address in court those underlying issues.

The Champlain Parkway is designed to be a two-lane road that will eventually connect Interstate 189 with downtown Burlington.

The $45 million, two-mile (three-kilometer) project is designed to improve traffic circulation, alleviate overburdened roadways, protect Lake Champlain through enhanced storm water management, and improve vehicular, bike, and pedestrian safety.


Wisconsin Supreme Court says COVID records can be released
Legal News | 2022/06/07 22:55
A divided Wisconsin Supreme Court on Tuesday said the state health department can release data on coronavirus outbreak cases, information sought two years ago near the beginning of the pandemic.

The court ruled 4-3 against Wisconsin Manufacturers & Commerce, the state’s largest business lobbying group, which had wanted to block release of the records requested in June 2020 by the Milwaukee Journal Sentinel and other news outlets.

The state health department in the early months of the pandemic in 2020 had planned to release the names of more than 1,000 businesses with more than 25 employees where at least two workers have tested positive for COVID-19.

Wisconsin Manufacturers & Commerce, along with the Muskego Area Chamber of Commerce and the New Berlin Chamber of Commerce, sued to block the release of the records, saying it would “irreparably harm” the reputations of their members. It argued that the information being sought is derived from diagnostic test results and the records of contact tracers, and that such information constitutes private medical records that can’t be released without the consent of each individual.

Attorneys for the state argued that the information contained aggregate numbers only, not personal information, and could be released. A Waukesha County circuit judge sided with the business group and blocked release of the records. A state appeals court in 2021 reversed the lower court’s ruling and ordered the case dismissed, saying WMC failed to show a justifiable reason for concealing the records.


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