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Former commissioner found guilty of indecent assault
Court News | 2017/06/18 10:03

A former Pennsylvania commissioner has been found guilty of indecent assault on a person with a mental disability.

The Philadelphia Inquirer reports former Radnor Township Commissioner Bill Spingler had been charged with touching the breast of his 103-year-old mother-in-law during visits to her Wayne nursing home in 2016.

The 75-year-old called it a "stupid, harmless act" during his court hearing Thursday. Spingler declined to comment after the verdict.

Three nursing home employees had reported seeing Spingler touch the woman during three separate visits in December. Spingler had said he touched the woman to get her attention after she stopped being able to recognize him.

A judge has set sentencing for Sept. 28 and ordered Spingler to undergo a psychosexual evaluation.



Michelle Carter text suicide trial verdict: Guilty
Court News | 2017/06/16 10:02
A young Massachusetts woman accused of sending her boyfriend dozens of text messages urging him to kill himself when they were teenagers was found guilty of involuntary manslaughter Friday.

Michelle Carter was charged in the death of Conrad Roy III. Carter, then 17, cajoled Roy to kill himself in July 2014 with a series of texts and phone calls, prosecutors alleged. Roy died when his pickup truck filled with carbon monoxide in a store parking lot in Fairhaven. After he exited the truck, Carter told him to "get back in," prosecutors said.

Prosecutors allege Carter pushed Roy to commit suicide because she was desperate for attention and sympathy from classmates, reports CBS Boston, and wanted to play the role of a grieving girlfriend. Carter's lawyer, Joseph Cataldo, said Roy was intent on killing himself and took Carter along on his "sad journey."

Carter waived her right to a jury trial, so Juvenile Court Judge Lawrence Moniz decided the case. He began deliberating late Tuesday after closing arguments concluded and read his verdict Friday morning.

While Roy took "significant actions of his own" to take his own life, Carter's instruction to get back in the truck constituted wanton and reckless conduct, the judge said. Even though she knew he was in the truck, she didn't take action to help him by calling the police or his family, Moniz said.

"She called no one and finally she did not issue a simple additional instruction -- get out of the truck," Moniz said.

Carter cried as the judge read his verdict and sobs broke out in the courtroom.

The judge set sentencing for Aug. 3. He ruled that Carter, now 20, can remain free on bail but ordered her not to make any contact with Roy's family and not to leave the state. She faces a sentence of probation to 20 years in prison.



Court Filing: Man to Plead in Case Linked to Extremists
Court News | 2017/06/15 10:02
Court documents say a plea deal has been reached in the case of an Ohio man accused of trying to travel to Libya to join the Islamic State group.

A document filed in federal court Thursday says Aaron Daniels, of Columbus, will plead guilty to one count of attempting to provide material support to a foreign terrorist organization.

Authorities allege Daniels wired $250 to an Islamic State operative in January 2016 and told an undercover informant he was interested in traveling to commit violence overseas.

Daniels was taken into custody last year at John Glenn Columbus International Airport after a months-long investigation.

No date has been set for Daniels to enter the plea. He faces 20 years in prison.


Court: Ignorance about allergy medicine crime no excuse
Court News | 2017/06/12 23:39
Just because a man previously convicted of methamphetamine-related crimes didn't know it was now illegal for him to buy over-the-counter allergy medicine given his criminal history doesn't mean his rights were violated, a divided North Carolina Supreme Court ruled Friday.

A majority of the seven justices reversed a lower appeals court decision overturning the conviction of Austin Lynn Miller for buying one box of capsules at a Walmart in Boone in early 2014, barely a month after an expanded purchase prohibition law took effect.

Miller was barred from buying anything beyond minuscule amounts of the medicine because it contained pseudoephedrine, which can be used to make meth, due to his 2012 convictions on possession of meth and keeping a car or house to sell controlled substances.

A jury convicted Miller for possessing the allergy medicine. He received a suspended sentence with probation.

State law already required the nonprescription medicine to be kept behind the counter and mandated electronic record keeping to monitor whether a meth lab was buying up the drugs. Often purchasers follow screen prompts saying they understand buying the medicines in large quantities or too frequently is illegal.

Miller's lawyer argued his client's due process rights were violated because he had no knowledge the purchasing law had changed in December 2013 and that he didn't intend to violate the law. There were no signs in pharmacies about the changes, either, the attorney said.

A three-judge panel of the Court of Appeals ruled unanimously in March 2016 the law was unconstitutional as it applied to a convicted felon like Miller who failed to receive notice from the state that their "otherwise lawful conduct is criminalized" unless there's other proof the person knew about the law.

State attorneys argued that Miller's ignorance of the law was no excuse and that it was his intentional action of purchasing the medicine that led to the crime.

Writing the majority opinion, Justice Sam Ervin IV sided with the state and rejected Miller's arguments that the retail purchase was an innocuous act that raised no alarms about whether he was breaking the law.


Supreme Court Justice Neil Gorsuch: Rule of law 'a blessing'
Court News | 2017/06/03 12:53
Supreme Court Justice Neil Gorsuch acknowledged Friday that there is "a lot of skepticism about the rule of law" in the country but defended the United States judicial system as "a blessing" and "a remarkable gift" during a talk at Harvard University.

The court's newest justice marveled that in America "nine old people in polyester black robes" and other judges can safely decide cases according to their conscience and that the government can lose cases without resorting to the use of armed force to impose its will.

"That is a heritage that is very, very special," he said. "It's a remarkable gift. Travel elsewhere. See how judges live. See whether they feel free to express themselves."

Gorsuch, made the comments during his first public appearance since joining the high court in a conversation with fellow Justice Stephen Breyer at Harvard University.

Gorsuch said that particularly in tumultuous times it's important to convince the next generation "that the project (of justice) is worth it because many of them have grave doubts."

"I think there is a lot of skepticism about the rule of law, but I see it day in and day out in the trenches — the adversarial process of lawyers coming to court and shaking hands before and after, the judges shaking hands as we do, before we ascend to the bench," he said. "That's how we resolve our differences in this society."

Gorsuch, who was nominated to the high court earlier this year by Republican President Donald Trump, said he believes there is still confidence in the judicial system. He said that 95 percent of all cases are decided in the trial court, while only 5 percent are appealed, and the Supreme Court hears about 80 cases in a good year.


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