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Court again considers fate of seized gold coins worth $80M
Court News | 2015/10/14 23:16
A federal appeals court is again considering the fate of 10 rare gold coins possibly worth $80 million or more that the government says were illegally taken from a Philadelphia mint and wound up in a jeweler's hands.

A lawyer for jeweler Israel Switt's heirs told the 3rd Circuit Court of Appeals on Wednesday that authorities erred by seizing the coins without filing a required civil forfeiture action.

A jury found the seizure legal because the coins hadn't been circulated and must therefore have been stolen, but a three-judge appellate court reversed that decision in April. Federal prosecutors then asked for Wednesday's hearing before the full appeals court.

They say returning the rare $20 Double Eagles to Joan Langbord and her two sons would reward the family of a thief.



Virginia executes serial killer who claimed to be disabled
Court News | 2015/10/10 11:00
A twice-condemned serial killer who claimed he was intellectually disabled was executed in Virginia on Thursday after a series of last-minute appeals failed.

Alfredo Prieto was pronounced dead at 9:17 p.m. at the Greensville Correctional Center in Jarratt. The 49-year-old was injected with a lethal three-drug combination, including the sedative pentobarbital, which Virginia received from the Texas prison system.

Prieto, wearing glasses, jeans and a light blue shirt, did not resist and showed no emotion as he was strapped to the gurney.

"I would like to say thanks to all my lawyers, all my supporters and all my family members," he said, before mumbling, "Get this over with."

The El Salvador native was sentenced to death in Virginia in 2010 for the murder of a young couple more than two decades earlier. Rachael Raver and her boyfriend, Warren Fulton III, both 22, were found shot to death in a wooded area a few days after being seen at a Washington, D.C., nightspot.

Prieto was on death row in California at the time for raping and murdering a 15-year-old girl and was linked to the Virginia slayings through DNA evidence. California officials agreed to send him to Virginia on the rationale that it was more likely to carry out the execution.

He has been connected to as many as six other killings in California and Virginia, authorities have said, but he was never prosecuted because he had already been sentenced to death.





Religious clerks in Kentucky follow law, but see conflict
Court News | 2015/09/19 15:29
Clerk Mike Johnston prays twice a day, once each morning and once each night, and asks the Lord to understand the decision he made to license same-sex marriage.

“It’s still on my heart,” said Johnston, whose rural Carter County sits just to the east of Rowan County, where clerk Kim Davis sparked a national furor by refusing to issue marriage licenses to gay couples, a decision that landed her in jail.

Johnston is one of Kentucky’s 119 other clerks, many of them deeply religious, who watched the Kim Davis saga unfold on national television while trying to reconcile their own faith and their oath of office. Sixteen of them sent pleading letters to the governor noting their own religious objections. But when forced to make a decision, only two have taken a stand as dramatic as Davis and refused to issue licenses.

And others say they find the controversy now swirling around their job title humiliating.

“I wish (Davis) would just quit, because she’s embarrassing everybody,” said Fayette County Clerk Don Blevins, whose office serves the state’s second-largest city, Lexington.

After the U.S. Supreme Court legalized gay marriage in June, Kentucky Gov. Steve Beshear ordered clerks across the state to issue licenses, launching them along markedly different paths. The clerk in Louisville, Bobbie Holsclaw, issued licenses that very day and the mayor greeted happy couples with bottles of champagne.



Ferguson panel recommends police, court reform, transparency
Court News | 2015/09/14 15:29
A reform panel formed after the Ferguson police shooting of Michael Brown is recommending the consolidation of the metro area's police departments and municipal courts, a newspaper reported Monday.

Gov. Jay Nixon and others have scheduled an afternoon news conference to release details of the Ferguson Commission report that has been 10 months in the making. But the St. Louis Post-Dispatch received a copy of the commission's 198-page report ahead of its official release.

"The law says all citizens are equal," the report's introduction states. "But the data says not everyone is treated that way."

The events in Ferguson raised concerns about police departments and municipal courts in that north St. Louis County town, but also elsewhere in the region. The departments and courts have been accused of targeting minorities to raise revenue, leading to the mistrust that was a key component of the unrest following Brown's death.

In addition to court and police department consolidation, the commission recommends changes in several other areas to address social and economic divisions highlighted since the shooting. The 16-person commission suggested establishing a statewide, publicly accessible database to track police shootings and developing a statewide plan to deal with mass demonstrations that focuses on preserving life.

It recommends establishing school-based healing centers to address behavioral and health issues.

The commission was established in November during the unrest that followed the fatal shooting in August of Brown, 18, who was black and unarmed, by Ferguson officer Darren Wilson. A St. Louis County grand jury and the U.S. Department of Justice declined to prosecute Wilson, who is white, but the shooting spurred a national "Black Lives Matter" movement and led to protests and rioting in and around Ferguson.

The commission put forth 189 "calls to action," including many previously made publicly available.



Idaho high court upholds law banning horse racing terminals
Court News | 2015/09/12 23:02
Idaho's highest court says the state must enforce legislation banning lucrative instant horse racing terminals after ruling that Gov. C.L. "Butch" Otter's veto of the bill was invalid.

The decision is a blow to Idaho's horse racing industry, where officials have pleaded that the machines are vital to keeping their businesses afloat.

In a unanimous decision issued Thursday, the court ruled that the ban must go into effect because Otter did not complete the veto within the required five-day time span. In Idaho, a bill automatically becomes law — even if the governor doesn't sign it — unless it is vetoed within the legal timeframe.

"This pivotal decision reaffirms that even Idaho's highest elected officials must follow the Constitution," said Coeur d'Alene Tribe Chief James Allan, chairman of the tribe that filed the lawsuit against the state, prompting the court's ruling. The tribe, which profits from its own video gaming on the reservation and faced competition from the new horse racing versions, said it was "extremely happy" with the ruling.

Secretary of State Lawerence Denney must now certify the law, which will make the machines illegal. He did not immediately return calls from The Associated Press on when he will certify it. There are currently about 250 machines installed in three locations across Idaho.



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