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Judge orders new trial in Chicago patronage case
Legal Business | 2009/12/23 21:00
A federal judge threw out the fraud conviction of Chicago's former streets and sanitation commissioner Tuesday and granted him a new trial on charges of illegally rewarding political campaign workers with city jobs.

Al Sanchez was convicted at the high profile trial based on testimony from a key witness whose arrest record and gang affiliations should have been disclosed beforehand to defense attorneys but were not, Judge Robert W. Gettleman said.

FBI agents based in Indiana also should have told prosecutors in Chicago that the witness, Brian Gabriel, was under investigation in a gang war between the Spanish Vice Lords and Latin Kings at the time of the trial, Gettleman said.

And the prosecutors could have learned of that investigation if they had performed a records search, Gettleman said in his 22-page opinion.

"Based on these findings, this court has lost confidence in the integrity of the verdict convicting these defendants," Gettleman said in his 22-page opinion.

Gettleman also ordered a new trial for a youthful former aide to Sanchez, Aaron Delvalle, who was convicted of one count of perjury at the March trial.

The trial attracted the spotlight because as streets and sanitation commissioner Sanchez headed a department that for decades was a major pool of patronage jobs for the once mighty Chicago Democratic Machine. That spotlight was intensified because in recent years the U.S. attorney's office has conducted a major investigation of hiring fraud at City Hall.



Balloon boy dad gets jail time, strict probation
Headline Legal News | 2009/12/23 21:00
The man who carried out the balloon boy hoax has been sentenced to jail for the stunt.

A judge sentenced Richard Heene to 90 days in jail, including 60 days of work release that will let him pursue work as a construction contractor while doing his time. The judge also imposed conditions on Heene's probation that forbid him from profiting from the balloon spectacle in any way for four years.

Heene choked back tears as he said he was sorry, especially to the rescue workers who chased down false reports that his 6-year-old son had floated away in a balloon. He said: "I do want to reiterate that I'm very, very sorry."

Richard and Mayumi Heene pleaded guilty to charges that they carried out the balloon stunt in October to promote a reality TV show. Mayumi Heene's sentencing is under way.



Judge rejects mandatory condoms on LA porn sets
Court News | 2009/12/23 20:58
A Los Angeles judge has denied a request from an AIDS advocacy group calling for mandatory use of condoms on porn sets.

Judge David Yaffe on Tuesday rejected a petition from the AIDS Healthcare Foundation that contended county health officials hadn't done enough to prevent sexually transmitted diseases in the porn industry.

The group sued the county in July after data showed there were more than 3,700 STD cases over the past five years reported by a clinic that serves porn actors.

In denying the foundation's request, Yaffe said the county has broad discretion in how it oversees public health. The group plans to appeal the decision.



Ind. attorney general sues lumber recycling plant
Headline Legal News | 2009/12/22 21:02
 Indiana's attorney general is suing a northern Indiana lumber recycling plant with a history of environmental and worker-safety violations.

The lawsuit filed Monday in Elkhart County seeks preliminary and permanent injunctions to halt open dumping of wood wastes at VIM Recycling Inc.'s Elkhart operation. It also asks a judge to order VIM to remove waste materials and debris from its property.

Company spokesman Tom Holt says VIM is "extremely surprised" by the lawsuit. He says the U.S. Environmental Protection Agency has agreed to allow VIM to place wood from the recreational vehicles and manufactured housing industries on asphalt at its property.



Judge denies jury strikes motion in abortion case
Court Watch | 2009/12/22 20:59
A judge says a motion to prohibit the use of pre-emptory jury strikes in the trial of a man accused of killing a Kansas abortion provider is premature.

Sedgwick County District Judge Warren Wilbert on Tuesday denied a defense motion to prohibit the strikes but said he would deal with such issues on a person-by-person basis during trial.

Fifty-one-year-old Scott Roeder is charged with shooting Dr. George Tiller on May 31 at the abortion doctor's Wichita church. Roeder has confessed to shooting Tiller, which he says was necessary to save unborn children.

Earlier Tuesday, Wilbert denied a defense motion for a change of venue for the trial.



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