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German court convicts former concentration camp guard, 93
Attorney News |
2020/07/23 12:54
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A German court on Thursday convicted a 93-year-old former SS private of being an accessory to murder at the Stutthof concentration camp, where he served as a guard in the final months of World War II. He was given a two-year suspended sentence.
Bruno Dey was convicted of 5,232 counts of accessory to murder by the Hamburg state court, news agency dpa reported. That is equal to the number of people believed to have been killed at Stutthof during his service there in 1944 and 1945. He also was convicted of one count of accessory to attempted murder. “How could you get used to the horror?” presiding judge Anne Meier-Goering asked as she announced the verdict.
Because he was only 17, and later 18, at the time of his alleged crimes, Dey’s case was heard in juvenile court. Prosecutors had called for a three-year sentence, while the defense sought acquittal. The trial opened in October. Because of Dey’s age, court sessions were limited to two, two-hour sessions a week. Additional precautions also were taken to keep the case going through the height of the coronavirus pandemic.
In a closing statement earlier this week, the wheelchair-bound German retiree apologized for his role in the Nazis’ machinery of destruction, saying “it must never be repeated.” “Today, I want to apologize to all of the people who went through this hellish insanity,” Dey told the court.
For at least two decades, every trial of a former Nazi has been dubbed “likely Germany’s last.” But just last week, another ex-guard at Stutthof was charged at age 95. A special prosecutors’ office that investigates Nazi-era crimes has more than a dozen ongoing investigations.
That’s due in part to a precedent established in 2011 with the conviction of former Ohio autoworker John Demjanjuk as an accessory to murder on allegations that he served as a guard at the Sobibor death camp in German-occupied Poland. Demjanjuk, who steadfastly denied the allegations, died before his appeal could be heard. |
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Ohio court to hear arguments in appeal over judge shot video
Court Watch |
2020/07/21 09:30
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Surveillance video showing an Ohio judge being shot and wounded at a courthouse before the assailant was himself shot and killed is a public record that should be released, according to arguments by an attorney for The Associated Press in a case before the state Supreme Court.
The video shows Jefferson County Judge Joseph Bruzzese Jr. being shot outside a Steubenville courthouse in eastern Ohio in August 2017 by 51-year-old Nathaniel Richmond, and then Richmond being killed by a probation officer.
Richmond had a pending wrongful death lawsuit in front of Bruzzese at the time. The judge recovered and returned to the bench. The Ohio Supreme Court planned oral arguments for Tuesday. A decision isn't expected for weeks.
The day of the shooting, the AP asked for a copy of the surveillance video recorded by a camera positioned in front of the courthouse, but Jefferson County Prosecutor Jane Hanlin denied that request, saying the video was a confidential law enforcement record and part of the courthouse’s infrastructure security system, among other arguments.
In February 2019, the Ohio Court of Claims sided with an appeal brought by the AP, saying the video doesn’t contain information used to protect a public office from “attack, interference or sabotage.”
Hanlin appealed, and in September 2019, the 7th District Court of Appeals in Youngstown agreed with the prosecutor, determining the video is exempt from being released under Ohio public record laws as part of the courthouse’s security measures.
The appeals court said, in part, that the Court of Claims should have considered affidavits submitted by Hanlin, based on her personal knowledge of the situation, that the video met the security exemption under state law.
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Justice Ginsburg says cancer has returned, but won’t retire
Topics in Legal News |
2020/07/19 08:12
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Justice Ruth Bader Ginsburg said Friday she is receiving chemotherapy for a recurrence of cancer, but has no plans to retire from the Supreme Court.
The 87-year-old Ginsburg, who has had four earlier bouts with cancer including pancreatic cancer last year, said her treatment so far has succeeded in reducing lesions on her liver and she will continue chemotherapy sessions every two weeks “to keep my cancer at bay.”
“I have often said I would remain a member of the Court as long as I can do the job full steam. I remain fully able to do that,” Ginsburg said in a statement issued by the court.
Ginsburg, who was appointed by President Bill Clinton in 1993, is the senior liberal justice on a court that leans conservative by a 5-4 margin. Her departure before the election could give President Donald Trump the chance to shift the court further to the right.
Ginsburg’s history with cancer goes back more than 20 years. In addition to being treated without surgery for a tumor on her pancreas last year, she also underwent surgery for colorectal cancer in 1999, pancreatic cancer in 2009 and lung cancer in December 2018.
Dr. Alan Venook, a pancreatic cancer specialist at the University of California, San Francisco, who is not involved in Ginsburg’s care, said that “clearly, she’s got incurable disease now” because of the spread to her liver.
On average, patients with advanced pancreatic cancer live about a year, but the fact that her disease took so long to recur from her initial pancreatic cancer surgery in 2009 and previous treatments “suggests that it’s not been growing rapidly,” he said.
“She’s above average in many ways.” and has done remarkably well with all her treatments so far, Venook said. “There’s no reason to think she would die imminently.”
Asked earlier this week about a possible opening on the court before the election, White House chief of staff Mark Meadows said the president would act quickly if any opening were to arise. Meadows commented after news that Ginsburg had left the hospital after receiving treatment for an infection, which she said Friday was unrelated to the cancer.
“I can’t imagine if he had a vacancy on the Supreme Court that he would not very quickly make the appointment and look for the Senate to take quick action,” Meadows said, adding that he didn’t want any comment to be seen as wishing Ginsburg “anything but the very best.”
Senate Majority Leader Mitch McConnell, R-Ky., has said that if there were to be a vacancy on the court during this year’s election cycle, the Republican-controlled Senate would likely confirm a nominee selected by Trump.
Ginsburg said she was disclosing her cancer treatment now because she is satisfied “that my treatment course is now clear.”
Venook said the chemotherapy drug Ginsburg said she is getting, gemcitabine, is one that’s often used. Immunotherapy, which Ginsburg’s statement said she tried unsuccessfully, has not worked well for pancreatic cancer, Venook said.
Ginsburg said a medical scan in February revealed growths on her liver and she began chemotherapy in May.
“My most recent scan on July 7 indicated significant reduction of the liver lesions and no new disease,” she said. “I am tolerating chemotherapy well and am encouraged by the success of my current treatment.” |
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New Orleans councilman, attorney plead not guilty to fraud
Court Watch |
2020/07/14 09:40
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New Orleans City Council President Jason Williams and an attorney in his law firm pleaded not guilty to federal tax fraud charges on Friday.
Williams, 47, and Nicole Burdett, 39, appeared remotely before a federal magistrate judge and entered their pleas to charges of conspiracy, preparing false or fraudulent tax returns and failing to file tax forms related to cash received, news outlets reported.
The two were charged in an 11-count indictment last month following a yearslong investigation led by the Internal Revenue Service and the FBI.
Williams, a criminal defense lawyer, was accused of inflating his business expenses from 2013 to 2017 in order to reduce his tax liability by more than $200,000, according to the U.S. Attorney’s Office for the Western District of Louisiana. The indictment also alleged Williams and Burdett, an attorney in Williams’ law office who also handled administrative duties, failed to file the proper reports on cash payments from clients totaling $66,516.
Williams’ attorney, Billy Gibbens, has contended his client was just following the advice of his tax preparer, saying the accountant made the errors on his own, according to The Times-Picayune/The New Orleans Advocate. Michael Magner, an attorney for Burdett, also said his client was innocent and did not have any role in the tax decisions.
Williams and Gibbens raised questions about the timing of the indictment as Williams prepares to challenge Orleans Parish District Attorney Leon Cannizzaro for the top prosecuting role. The campaign qualifying period for the Nov. 3 election is set to end July 24. Williams has said he still plans to run for the seat, according to The Times-Picayune/The New Orleans Advocate. A preliminary trial date for the case was set for Sept. 14.
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Lawyer: Over 150 Minneapolis officers seeking disability
Court News |
2020/07/11 09:01
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More than 150 Minneapolis police officers are filing work-related disability claims after the death of George Floyd and ensuing unrest, with about three-quarters citing post-traumatic stress disorder as the reason for their planned departures, according to an attorney representing the officers.
Their duty disability claims, which will take months to process, come as the city is seeing an increase in violent crime and while city leaders push a proposal to replace the Minneapolis Police Department with a new agency that they say would have a more holistic approach.
While Floyd’s death in May and the unrest that followed are not the direct cause of many of the disability requests, attorney Ron Meuser said, those events and what Meuser called a lack of support from city leadership were a breaking point for many who had been struggling with PTSD from years on the job. Duty disability means the officer was disabled while engaged in inherently dangerous acts specific to the job.
“Following the George Floyd incident, unfortunately it became too much and as a result they were unable to, and are unable to, continue on and move forward,” Meuser said. “They feel totally and utterly abandoned.”
He said many officers he represents were at a precinct that police abandoned as people were breaking in during the unrest. Some officers feared they wouldn’t make it home, he said, and wrote final notes to loved ones. People in the crowd ultimately set fire to the building.
Mayor Jacob Frey issued a statement saying that COVID-19 and unrest following Floyd’s death tested the community and officers in profound ways. He said cities need resources to reflect the realities on the ground.
“In the meantime, I am committed to supporting those officers committed to carrying out their oath to serve and protect the people of Minneapolis during a challenging time for our city,” he said.
Meuser said in recent weeks, 150 officers have retained his office for help in filing for duty disability benefits through the state’s Public Employment Retirement Association, or PERA. So far, 75 of them have already left the job, he said.
Police spokesman John Elder questioned Meuser’s figure of 150, though he does expect an increase in departures. The department currently has about 850 officers and will adjust staffing to ensure it can do its job, he said.
The city said it has received 17 PTSD workers compensation claims in the last month, but when it comes to PERA duty disability, officers are not obligated to notify the Police Department that an application was submitted. Meuser said the city isn’t being transparent about departures, and the numbers it sees will lag as PERA benefits take months to process. |
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