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Court to hear appeal of Dallas officer who killed neighbor
Headline Legal News |
2021/04/27 13:19
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A Texas court is scheduled to hear arguments Tuesday on overturning the conviction of a former Dallas police officer who was sentenced to prison for fatally shooting her neighbor in his home.
An attorney for Amber Guyger and prosecutors are set to clash before an appeals court over whether the evidence was sufficient to prove that her 2018 shooting of Botham Jean was murder.
The hearing before a panel of judges will examine a Dallas County jury’s 2019 decision to sentence Guyger to 10 years in prison for murder. It follows the recent conviction of a former Minneapolis police officer who was found guilty of murdering George Floyd, again focusing national attention on police killings and racial injustice.
Guyger is not expected to appear in court Tuesday and the appeals panel will hand down a decision at an unspecified later date.
More than two years before Floyd’s death set off protests across the country, Guyger’s killing of Jean drew national attention because of the strange circumstances and because it was one in a string of shootings of Black men by white police officers.
The basic facts of the case were not in dispute. Guyger, returning home from a long shift, mistook Jean’s apartment for her own, which was on the floor directly below his. Finding the door ajar, she entered and shot him, later testifying that she through he was a burglar.
Jean, a 26-year-old accountant, had been eating a bowl of ice cream before Guyger shot him. She was later fired from the Dallas Police Department.
The appeal from Guyger, now 32, hangs on the contention that her mistaking Jean’s apartment for her own was reasonable and, therefore, so too was the shooting. Her lawyers have asked the appeals court to acquit her of murder or to substitute in a conviction for criminally negligent homicide, which carries a lesser sentence.
In court filings, Dallas County prosecutors countered that Guyger’s error doesn’t negate “her culpable mental state.” They wrote, “murder is a result-oriented offense.”
Jean’s mother, Allison Jean, told the Dallas Morning News that the appeal has delayed her family’s healing.
”I know everyone has a right of appeal, and I believe she’s utilizing that right,” Jean said. “But on the other hand, there is one person who cannot utilize any more rights because she took him away.
“So having gotten 10 years, only 10, for killing someone who was in the prime of his life and doing no wrong in the comfort of his home, I believe that she ought to accept, take accountability for it and move on,” she said.
Guyger could have been sentenced to up to life in prison or as little as two years. Prosecutors had requested a 28-year sentence ? Botham Jean would have been 28 if he were still alive during the trial.
Under her current sentence, Guyger will become eligible for parole in 2024, according to state prison records.
Following the trial, two members of the jury said the diverse panel tried to consider what the victim would have wanted when they settled on a 10-year prison sentence.
Jean ? who went by “Bo” ? sang in a church choir in Dallas and grew up in a devout family on the island nation of St. Lucia. After sentencing, Brandt Jean embraced Guyger in court and told her his old |
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COVID-19 concerns raised at St. Louis death penalty trial
Legal Interview |
2021/04/23 13:06
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Attorneys for a St. Louis man accused of killing his ex-girlfriend, her mom and his baby boy are asking the Missouri Supreme Court to delay his capital murder trial for two weeks after two potential jurors tested positive for COVID-19.
Jury selection began last week in the trial of Eric Lawson, who is accused of fatally shooting 22-year-old Breiana Ray and 50-year-old Gwendolyn Ray before setting an apartment fire that killed his 10-month-old son, Aiden. Lawson, 32, has been in pretrial detention since his arrest nearly nine years ago. The case is being prosecuted by the Missouri Attorney General’s Office.
Attorneys for Lawson sought a continuance in January and again in March, citing concerns about COVID-19 each time. Circuit Judge Michael Noble denied both requests.
Lawson’s attorneys asked Noble for a continuance a third time on Wednesday, this time citing the two positive cases among potential jurors. When Noble again refused to pause the case, defense attorneys asked the Missouri Supreme Court to intervene.
“Mr. Lawson and his attorneys have been exposed to COVID-19 in the past 10 days,” the court motion states. “So have the judge, the prosecutors, courthouse staff, and prospective jurors.”
St. Louis Circuit Court spokesman Thom Gross said a potential juror appeared in court on April 14. She tested positive for COVID-19 two days later and notified the jury supervisor on April 19, saying she didn’t know when or where she was exposed.
Seven of the 39 prospective jurors from the April 14 session had originally been asked to return later, but Jury Supervisor Joanne Martin called each of them and told them they were dismissed, Gross said. Martin mailed letters to the others who attended that session to inform them of the positive test.
Gross said a second prospective juror told Martin on April 16 that they had just learned that a COVID-19 test taken earlier was positive. All 40 prospective jurors from that session were dismissed.
The court filing from Lawson’s lawyers said one of the lawyers, Julie Clark, is pregnant and thus considered vulnerable. An expert witness for the defense also “has several preexisting health conditions putting him at the greatest risk of contracting COVID,” the court filing said.
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Supreme Court asked to give access to secretive court’s work
Court Watch |
2021/04/19 15:17
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Civil liberties groups are asking the Supreme Court to give the public access to opinions of the secretive court that reviews bulk email collection, warrantless internet searches and other government surveillance programs.
The groups say in an appeal filed with the high court Monday that the public has a constitutional right to see significant opinions of the Foreign Intelligence Surveillance Court. They also argue that federal courts, not the executive branch, should decide when opinions that potentially affect the privacy of millions of Americans should be made public.
The appeal was filed by Theodore Olson on behalf of the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University. Olson is on the Knight institute’s board and was the Bush administration’s top Supreme Court lawyer as the FISA court’s role was expanded after the Sept. 11 attacks.
“You’re talking about judicial decisions here that may affect millions of people. The public needs to know the outlines of what those decisions are and how far they go,” Olson said in an interview with The Associated Press. “Because of my experience with it, I know that government, with the best of intentions, will tend to err on the side of keeping everything secret.”
The Foreign Intelligence Surveillance Court was established in 1978 to receive applications from the FBI to eavesdrop on people it suspects of being agents of a foreign power, such as potential spies or terrorists. After Sept. 11, Congress expanded the court’s role to consider broad surveillance programs.
In recent decisions, judges ruled that opinions sought by the groups couldn’t be made public, even in censored form, and that they didn’t even have the authority to consider releasing the opinions.
Legislation adopted in 2015 includes a provision that requires the government to consider releasing significant FISA court opinions. But the law doesn’t apply to opinions written before it was enacted and leaves the review process entirely to the executive branch.
The ACLU and Knight institute say the First Amendment’s guarantee of freedom of the press demands greater access. |
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Alaska denied oil check benefits to gay couples, dependents
Court Watch |
2021/04/15 10:32
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Alaska discriminated against some same-sex spouses for years in wrongfully denying them benefits by claiming their unions were not recognized even after courts struck down same-sex marriage bans, court documents obtained by The Associated Press show.
The agency that determines eligibility for the yearly oil wealth check paid to nearly all Alaska residents denied a dividend for same-sex spouses or dependents of military members stationed in other states for five years after a federal court invalidated Alaska’s ban on same-sex marriage in 2014, and the Supreme Court legalized the unions nationwide in June 2015, the documents show.
In one email from July 2019, a same-sex spouse living out-of-state with his military husband was denied a check because “unfortunately the state of Alaska doesn’t recognize same sex marriage yet,” employee Marissa Requa wrote to a colleague, ending the sentence with a frown face emoji.
This Permanent Fund Dividend Division practice continued until Denali Smith, who was denied benefits appealed and asked the state to start including her lawyer in its correspondence.
Smith later sued the state, seeking an order declaring that state officials violated the federal court decision and Smith’s constitutional rights to equal protection and due process
Smith and the state on Wednesday settled the lawsuit. Alaska admitted denying benefits to same-sex military spouses and dependents for five years in violation of the permanent injunction put in place by the 2014 U.S. District Court decision. The state also vowed to no longer use the outdated state law, to deny military spouses and dependents oil checks going forward, and updated enforcement regulations.
There were no financial terms to the settlement. In fact, Smith had to pay $400 out of pocket to file the federal lawsuit to get her oil check, and her attorney worked pro bono.
In Alaska, the oil wealth check is seen as an entitlement that people use to buy things like new TVs or snowmobiles, fund college savings accounts or, in rural Alaska, weather high heating and food costs. The nest-egg fund, seeded with oil money, has grown into billions of dollars. A portion traditionally goes toward the checks, but the amount varies. Last year, nearly every single resident received $992. The year before, the amount was $1,606.
About 800 pages of emails provided by the state for the lawsuit show a clear misunderstanding or outright disregard of the 2014 precedent and reluctance to reach out to the attorney general’s office for guidance. |
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Ex-police chief gets 1 year in prison for hiring scandal
Court Watch |
2021/04/14 16:13
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The former police chief of Connecticut’s largest city was sentenced Monday to one year and one day in prison for rigging the hiring process that led to his appointment in 2018.
A federal judge in Bridgeport handed down the punishment to Armando “A.J.” Perez, who rose through the ranks of Bridgeport police to lead the department as its first Hispanic chief over a nearly four-decade career there. He and the city’s former acting personnel director, David Dunn, resigned in September and pleaded guilty the following month to defrauding the city and making false statements to FBI agents in connection with the scheme.
Perez, dressed in a suit, tie and a mask in court due to coronavirus precautions, apologized to the city, his family and federal investigators for the crimes during the sentencing hearing before U.S. District Judge Kari Dooley.
“I accept responsibility. I am so sorry,” he said. “I spent all my life on the right side of the table and I betrayed myself. I should have said no. ... I did this to myself, your honor. I did this to myself. I betrayed myself and then I panicked.”
Perez, who had asked for a sentence of home confinement and probation, also was ordered to pay nearly $300,000 in restitution to the city and perform 100 hours of community service after the prison sentence, which he will begin serving on May 24.
Prosecutors said Perez, 65, received confidential information about the police chief’s examination stolen by Dunn, including the questions for an oral examination and the scoring guide for written essays. Perez, who was the acting chief at the time, also admitted that he had two officers complete his essays, passed the work off as his own and lied to federal authorities in an effort to cover up his actions.
Perez ended up being ranked among the top three candidates for the police chief’s job and was appointed by Mayor Joe Ganim, who has been close to Perez for years. Ganim, who served seven years in prison for corruption committed during his first stint as mayor from 1991 to 2003, has denied wrongdoing in Perez’s appointment and has not been charged. |
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