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Chile appeal court upholds convictions in Americans' killing
Court Center | 2015/09/08 01:30
A Chilean appeals court has upheld the conviction of a retired brigadier general and a former civilian air force employee in the killing of two Americans shortly after the 1973 military coup that overthrew democratically elected President Salvador Allende.

The Appeals Court of Santiago on Saturday confirmed the 7-year sentence given to retired Gen. Pedro Espinoza Bravo as the mastermind in the killings of documentary filmmaker Charles Horman, 31, and journalist Frank Teruggi, 24. The court also ratified the 2-year sentence for retired civilian air force employee Rafael Gonzalez Berdugo for his complicity in Horman's death.

The Americans' deaths were the subject of the 1982 film "Missing" by Constantin Costa-Garvas, with Jack Lemmon playing Horman's father.

Espinoza Bravo and Gonzalez Berdugo are currently behind bars in other criminal cases.



Bangladesh court bans Rana Plaza movie because of terrifying scenes
Court Center | 2015/09/01 21:37
Bangladesh’s high court has imposed a six-month ban on a film about a garment worker who was rescued from the rubble 17 days after a five-storey factory complex collapsed, killing more than 1,000 people.

The director, Nazrul Islam Khan, had argued that the real-life story of Reshma Begum depicted courage amid the tragedy.

The disaster on 24 April 2013 left 1,135 people dead. Thousands more were rescued from the ruins of the illegally built complex which housed five factories supplying garments to international companies.
Rescue workers had given up hope of finding anyone else alive in the rubble of the Rana Plaza. Then they heard a faint tapping.

When the collapse started, Begum said she raced down a stairwell into the basement, where she became trapped in a pocket of space that allowed her to survive. She found some dried food and bottles of water to sustain her until she was rescued. She now works in a hotel.

The collapse triggered an outcry at home and abroad. There have been efforts to reform Bangladesh’s garment industry to improve safety and working conditions.

Investigators say several factors contributed to the building’s collapse: it was overloaded with machines and generators, constructed on swampy land, and the owner added floors in violation of the original building plan.





Appeals court won't reinstate 1990 arson-murder conviction
Court Center | 2015/08/19 21:17
An elderly man who spent 24 years in prison for his daughter's death in a fire will remain free after a federal appeals court in Pennsylvania on Wednesday refused to reinstate his murder conviction.

Han Tak Lee, 80, a native of South Korea who earned U.S. citizenship, was exonerated and freed last year after a judge concluded the case against him was based on since-discredited scientific theories about arson. Prosecutors appealed, saying that other evidence pointed to his guilt.

The Philadelphia-based 3rd U.S. Circuit Court of Appeals rejected the appeal, meaning Lee will stay out of prison.

The New York City shop owner had taken his 20-year-old, mentally ill daughter to a religious retreat in Pennsylvania's Pocono Mountains where, prosecutors say, he set fire to their cabin. Lee has long contended the 1989 fire was accidental.

Lee, who returned to Queens after his release from prison, did not answer his phone Wednesday. He told The Associated Press in an interview last month that he still loved America and "I expect America to make the right decision."

His attorney, Peter Goldberger, called on prosecutors to let the ruling stand.

"I hope, now, that they will finally see there is no basis for this conviction," Goldberger said. "They can say it's nobody's fault, that science changed, that this is over now, and the federal court has had the last word."

Monroe County District Attorney David Christine, who prosecuted Lee in 1990 and whose office lost the appeal, did not immediately return a text and email seeking comment.



Ex-Gov. Blagojevich to ask Supreme Court to hear case
Court Center | 2015/08/16 21:16
A full appellate court indicated Wednesday that it will not rehear an appeal of Rod Blagojevich's corruption convictions, and his lawyer responded that the imprisoned former Illinois governor will appeal next to the U.S. Supreme Court.

After a three-judge panel tossed out five of his 18 convictions in July, Blagojevich had hoped the full court might overturn even more. But the 7th U.S. Circuit Court of Appeals posted a notice saying no judges on the court asked for a rehearing.  

Blagojevich, 58, is serving a 14-year prison sentence at a federal prison in Colorado on convictions including his attempt to sell an appointment to President Barack Obama's old U.S. Senate seat.

An appeal to the nation's highest court is a last and seemingly slim hope for a major legal victory. The Supreme Court tends to accept cases that raise weighty issues and ones that federal courts disagree on.

But defense attorney Leonard Goodman said in a statement he believed the Supreme Court would agree Blagojevich was involved in legal, run-of-the-mill politicking.

Allowing the remaining convictions to stand "puts every public official who must raise campaign funds to stay in office and to be effective at the mercy of an ambitious or politically motivated federal prosecutor," he said.



Federal court: Anti-Muslim group can't post ads on buses
Court Center | 2015/08/13 16:02
An anti-Muslim group cannot post ads on buses in Washington state showing photos of wanted terrorists and wrongly claiming the FBI offers a $25 million reward for one of their captures, a federal appeals court ruled Wednesday.

A three-judge panel of the 9th U.S. Circuit Court of Appeals rejected a claim by the American Freedom Defense Initiative that King County violated its First Amendment right to free speech by refusing to post the advertisements on buses.

The group — whose leader, Pamela Geller, organized the Prophet Muhammad cartoon contest in Texas that exploded in violence in May — has similar bus ads in other cities and has gone to court with mixed results after some transportation officials rejected them.

David Yerushalmi, the group's lawyer, said it will appeal Wednesday's ruling to the U.S. Supreme Court.

The American Freedom Defense Initiative sought to display an ad in Washington state called "Faces of Global Terrorism," which included 16 photographs of militants with their names listed and the statement "AFDI Wants You to Stop a Terrorist." It said the FBI offers a $25 million reward to capture one of the people shown.



Appeals court revives challenge to consumer age
Court Center | 2015/07/24 23:28
A federal appeals court on Friday revived a legal challenge to the Consumer Financial Protection Bureau, the federal office created to protect consumers in financial dealings with banks, lenders and credit card companies.

The federal appeals court in Washington ruled that a Texas bank could challenge the constitutionality of the watchdog agency's powers even though the bank's conduct has not been subject to any enforcement.

A federal district judge had dismissed the lawsuit in 2013 after finding the bank had no legal standing to bring the claims.

The independent agency was created in 2010 by a sweeping law that overhauled financial regulations following the 2008 financial crisis. Wall Street interests and Republicans in Congress fiercely opposed the agency.

The appeals court sent the case back to the lower court to consider the challenges.

Eleven states had joined the lawsuit filed by State National Bank of Big Spring, Texas, to argue that Congress delegated too much power to the bureau. They also argue that it should not be headed by just one person and that President Barack Obama illegally appointed the agency's director, Richard Cordray, during a congressional recess. Cordray was later confirmed by the Senate.



Penn State ex-officials' case heads to appeals court hearing
Court Center | 2015/07/15 05:46
A long delayed criminal case against three former Penn State administrators accused of covering up complaints about Jerry Sandusky is heading to a Pennsylvania courtroom next month, but not for trial.

Superior Court — a state appeals court — last week scheduled oral argument before a three-judge panel in Harrisburg for Aug. 11 to consider the claims by Graham Spanier, Tim Curley and Gary Schultz regarding a county judge's decision earlier this year.

If upheld, the judge's order could clear the way for trial in the matter that has gone on for nearly four years without a trial date being set.

The appeals court file has been sealed, but the online docket indicates the men are appealing a January order by Dauphin County Judge Todd Hoover that rejected arguments they had made about the fairness and legality of the grand jury investigation that resulted in charges.

All three defendants held high-ranking positions at the university in 2011, when Sandusky, the former assistant football coach, was charged with sexual abuse of children; Spanier was president, Schultz was vice president for business and finance and Curley was athletic director.


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