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Lawyer: NM gov aide recorded on state email use
Top Legal News | 2012/09/07 23:04
An Albuquerque attorney said Tuesday he has a recording of the governor's top aide telling one of his clients that he never uses state email to conduct business because "I don't want to go to court (or) jail."

But the aide said the small recorded clip released to reporters is out of context, and he vowed to file an ethics complaint because the full recording outs a young female relative of the aide as a witness in a sexual assault case.

Defense attorney Sam Bregman represents fired Department of Corrections worker Larry Flynn in a wrongful termination case in which the administration's use of private email accounts was first revealed. He released the recording to reporters and said it is of Republican Gov. Susana Martinez's chief of staff, Keith Gardner.

Speaking at a news conference held in his office, Bregman, a Democrat and vocal critic of Martinez, said the secret recording is of a conversation between Gardner and a friend, Brian Powell of Roswell. Powell told Bregman he made the recording when he and Gardner were having a conversation about family issues. Powell, who works for the Roswell Fire Department, did not tell Gardner he was recording him, and it's unclear why he was recording him.


Ohio man pleads guilty to scamming storm victims
Top Legal News | 2012/08/31 18:28
A man accused of ripping off storm victims in Ohio and Kentucky has pleaded guilty to nine counts of theft.

Ohio Attorney General Mike DeWine said Joshua Salyers entered the guilty pleas in Hamilton County court in southern Ohio Tuesday. He admitted stealing more than $43,000 from the victims.

DeWine spokesman Mark Moretti said the 39-year-old Salyers ran a storm damage restoration business and took money from homeowners in Butler, Hamilton and Stark counties in Ohio and in Campbell County, Ky., to repair their homes after storms in 2010 and in 2011.

But Moretti said Salyers never began the work and refused to refund the money.


Judge won't halt Pa. voter identification law
Top Legal News | 2012/08/15 18:12
A tough new voter identification law championed by Republicans can take effect in Pennsylvania for November's presidential election, a judge ruled Wednesday, despite a torrent of criticism that it will suppress votes among President Barack Obama's supporters and make it harder for the elderly, disabled, poor and young adults to vote.

Commonwealth Court Judge Robert Simpson said he would not grant an injunction that would have halted the law, which requires each voter to show a valid photo ID. Opponents are expected to file an appeal within a day or two to the state Supreme Court as the Nov. 6 election looms.

"We're not done, it's not over," said Witold J. Walczak, an American Civil Liberties Union lawyer who helped argue the case for the plaintiffs. "It's why they make appeals courts."

The Republican-penned law — which passed over the objections of Democrats — has ignited a furious debate over voting rights as Pennsylvania is poised to play a key role in deciding the presidential contest. Plaintiffs, including a 93-year-old woman who recalled marching with Martin Luther King Jr. in 1960, had asked Simpson to block the law from taking effect in this year's election as part of a wider challenge to its constitutionality.

Republicans defend the law as necessary to protect the integrity of the election. But Democrats say the law will make it harder for people who lack ID for valid reasons to vote.


NJ court upholds decal law for young drivers
Top Legal News | 2012/08/10 19:50
Young drivers in New Jersey will have to continue displaying a red decal on their license plates.

The state Supreme Court upheld "Kyleigh's Law" in a ruling Monday.

In a unanimous opinion, the high court ruled that requiring the decals doesn't violate federal privacy laws or laws against unreasonable search and seizure. An appeals court had ruled similarly last year in a challenge brought by two parents.

The law is named for a New Jersey teenager who was killed in a 2006 crash. It's meant to aid police in enforcing restricted privileges for young drivers.

Opponents say displaying the decals could leave teen drivers vulnerable to predators. But a report last year found only one reported incident in which an underage driver was stopped by someone impersonating a police officer.


Wash. Senate hopeful sought to seal court files
Top Legal News | 2012/07/20 18:31
A couple months before Brad Toft emerged as the only Republican in a crucial state Senate race, he pressed officials to seal records from a past court case.

In a signed letter, Toft seemed to suggest that he wasn't the same person cited in the court files, saying that he shared a name with one of the parties but arguing that "the specific identity of the defendant is unclear." He wanted the records blocked from public inspection, declaring that the files might do damage to his reputation.

Toft, however, acknowledged to The Associated Press that he was the defendant in the case, saying he was simply exploring whether an old judgment could be vacated.


High court sides with state in DNA case
Top Legal News | 2012/06/18 20:09
The Supreme Court on Monday upheld a rape conviction over objections that the defendant did not have the chance to question the reliability of the DNA evidence that helped convict him.

The court's 5-4 ruling went against a run of high court decisions that bolstered the right of criminal defendants to confront witnesses against them.

Justice Clarence Thomas provided the margin of difference in the case to uphold the conviction of Sandy Williams, even though Thomas has more often sided with defendants on the issue of cross-examination of witnesses.

The case grew out of a DNA expert's testimony that helped convict Williams of rape. The expert testified that Williams' DNA matched a sample taken from the victim, but the expert played no role in the tests that extracted genetic evidence from the victim's sample.

And no one from the company that performed the analysis showed up at the trial to defend it.

The court has previously ruled that defendants have the right to cross-examine the forensic analysts who prepare laboratory reports used at trial.


Powerbroker tied to Nevada Sen. Reid goes to court
Top Legal News | 2012/06/09 07:16
A former developer and lobbyist with long ties to Senate Majority Leader Harry Reid and Nevada's political elite turned himself in to federal authorities Thursday after being indicted on criminal charges involving federal campaign contributions.

Harvey Whittemore planned to plead not guilty later in the day before a federal magistrate in Reno, his lawyer, John Arrascada, told The Associated Press.

Whittemore, 55, was indicted by a federal grand jury Wednesday on four counts related to campaign contributions made in 2007 to an unnamed elected federal official.

Once a kingpin in state political circles, Whittemore made campaign contributions to numerous politicians including Republican Sen. Dean Heller and Democratic Rep. Shelley Berkley. But records show only Reid received donations of more than $100,000 on a single day in 2007.


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