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Hearing in Karen Read case expected to focus on jury deliberations
Headline Legal News |
2024/08/09 11:11
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Defense attorneys for Karen Read are expected to argue Friday that two charges in the death of her Boston police officer boyfriend be dismissed, focusing on the jury deliberations that led to a mistrial.
Read is accused of ramming into John O’Keefe with her SUV and leaving him for dead in a snowstorm in January 2022. Her two-month trial ended when jurors declared they were hopelessly deadlocked and a judge declared a mistrial on the fifth day of deliberations. A new trial is set to begin Jan. 27.
In several motions since the mistrial, the defense contends four jurors have said the jury unanimously reached a not guilty verdict on second-degree murder and leaving the scene of a deadly accident and were deadlocked on the remaining manslaughter charge. Trying her again on those two charges would be unconstitutional double jeopardy, they said.
They also reported that one juror told them “no one thought she hit him on purpose or even thought she hit him on purpose.”
The defense also argues Judge Beverly Cannone abruptly announced the mistrial without questioning jurors about where they stood on each of the three charges Read faced and without giving lawyers for either side a chance to comment.
Prosecutors described the defense’s request to drop charges of second-degree murder and leaving the scene of a deadly accident as an “unsubstantiated but sensational post-trial claim” based on “hearsay, conjecture and legally inappropriate reliance as to the substance of jury deliberations.”
But in another motion, prosecutors acknowledged they received a voicemail from someone who identified themselves as a juror and confirmed the jury had reached a unanimous decision on the two charges. Subsequently, they received emails from three individuals who also identified themselves as jurors and wanted to speak to them anonymously.
Prosecutors said they responded by telling the trio that they welcomed discussing the state’s evidence in the case but were “ethically prohibited from inquiring as to the substance of your jury deliberations.” They also said they could not promise confidentiality.
As they push against a retrial, the defense wants the judge to hold a “post-verdict inquiry” and question all 12 jurors if necessary to establish the record they say should have been created before the mistrial was declared, showing jurors “unanimously acquitted the defendant of two of the three charges against her.”
Prosecutors argued the defense was given a chance to respond and, after one note from the jury indicating it was deadlocked, told the court there had been sufficient time and advocated for the jury to be declared deadlocked. Prosecutors wanted deliberations to continue, which they did before a mistrial was declared the following day.
“Contrary to the representation made in the defendant’s motion and supporting affidavits, the defendant advocated for and consented to a mistrial, as she had adequate opportunities to object and instead remained silent which removes any double jeopardy bar to retrial,” prosecutors wrote in their motion.
Read, a former adjunct professor at Bentley College, had been out drinking with O’Keefe, a 16-year member of the Boston police who was found outside the Canton, Massachusetts, home of another Boston police officer. An autopsy found O’Keefe died of hypothermia and blunt force trauma.
The defense contended O’Keefe was killed inside the home after Read dropped him off and that those involved chose to frame her because she was a “convenient outsider.” |
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Israel’s high court orders the army to draft ultra-Orthodox men
Headline Legal News |
2024/06/27 16:45
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Israel’s Supreme Court on Tuesday ruled unanimously that the military must begin drafting ultra-Orthodox men for compulsory service, a landmark decision that could lead to the collapse of Prime Minister Benjamin Netanyahu’s governing coalition as Israel continues to wage war in Gaza.
The historic ruling effectively puts an end to a decades-old system that granted ultra-Orthodox men broad exemptions from military service while maintaining mandatory enlistment for the country’s secular Jewish majority. The arrangement, deemed discriminatory by critics, has created a deep chasm in Israel’s Jewish majority over who should shoulder the burden of protecting the country.
The court struck down a law that codified exemptions in 2017, but repeated court extensions and government delaying tactics over a replacement dragged out a resolution for years. The court ruled that in the absence of a law, Israel’s compulsory military service applies to the ultra-Orthodox like any other citizen.
Under longstanding arrangements, ultra-Orthodox men have been exempt from the draft, which is compulsory for most Jewish men and women, who serve three and two years respectively as well as reserve duty until around age 40.
These exemptions have long been a source of anger among the secular public, a divide that has widened during the eight-month-old war, as the military has called up tens of thousands of soldiers and says it needs all the manpower it can get. Over 600 soldiers have been killed since Hamas’ Oct. 7 attack.
Politically powerful ultra-Orthodox parties, key partners in Netanyahu’s governing coalition, oppose any change to the current system. If the exemptions are ended, they could bolt the coalition, causing the government to collapse and likely leading to new elections at a time when its popularity has dropped.
In the current environment, Netanyahu could have a hard time delaying the matter any further or passing laws to restore the exemptions. During arguments, government lawyers told the court that forcing ultra-Orthodox men to enlist would “tear Israeli society apart.”
A statement from Netanyahu’s Likud party criticized the ruling, saying a bill in parliament backed by the Israeli leader would address the draft issue. Critics say it falls short of Israel’s wartime needs.
“The real solution to the draft problem is not a Supreme Court ruling,” the statement said.
In its ruling, the court found that the state was carrying out “invalid selective enforcement, which represents a serious violation of the rule of law, and the principle according to which all individuals are equal before the law.”
It did not say how many ultra-Orthodox should be drafted, but the military has said it is capable of enlisting 3,000 this year.
Some 66,000 ultra-Orthodox men are now eligible for enlistment, according to Shuki Friedman, an expert on religion and state affairs and the vice-president of the Jewish People Policy Institute, a Jerusalem think tank.
The ruling of Israel’s highest court must be followed, and the military is expected to begin doing so once it forms a plan for how to draft thousands of members of a population that’s deeply opposed to service, and which follows a cloistered and modest lifestyle the military may not be immediately prepared to accommodate. The army had no immediate comment. |
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Spanish court summons prime minister’s wife in corruption probe
Headline Legal News |
2024/06/04 11:00
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A Spanish investigative judge has summoned the wife of Spain’s prime minister to give testimony as part of a probe into allegations that she used her position to influence business deals, a Madrid-based court said Tuesday.
Begoña Gómez is to appear at court on July 5 to answer questions.
Gómez has yet to speak publicly on the case, but Prime Minister Pedro Sánchez has called it a “smear campaign” to damage Spain’s leftist coalition government led by his Socialist party.
The probe is based on allegations against Gómez made by a group called Manos Limpias, or “Clean Hands.” Manos Limpias describes itself as a union, but its main activity is as a platform pursuing legal cases. Many have been linked to right-wing causes targeting leftist politicians, and most of them never succeed.
After the probe was launched in April, Sánchez stunned the nation by saying he would contemplate stepping down for what he said was the “attack without precedent” against his wife. After five days of silence, Sánchez said he had decided to remain in office.
The summoning of Gómez comes before this week’s European Parliament election, with Spaniards voting on Sunday. Far-right parties across Europe aim for big gains.
“I want to express our surprise for the fact and coincidence that this news is coming out precisely this week,” said Pilar Alegría, spokeswoman for Spain’s government.
“We are absolutely calm because we know there is nothing (to the allegations),” Alegría said. “What does exist is a mudslinging campaign by the right and far right.”
Manos Limpias has said its allegations against Gómez were entirely based on media reports: “If they are not true, it would be up to those who published them to admit to their falsehood, but if they are true, then we believe that the legal case should continue forward.”
Spain’s public prosecutors’ office recommended the probe be thrown out, but a provincial court ruled that the lower-court judge could continue the investigation. The judge will either table the probe or recommend it go to trial. |
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Texas’ migrant arrest law will remain on hold under new court ruling
Headline Legal News |
2024/03/28 12:26
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Texas’ plans to arrest migrants suspected of illegally entering the U.S. will remain on hold under a federal appeals court order that likely prevents enforcement of Republican Gov. Greg Abbott’s new immigration law until a broader decision on whether it is legal.
The 2-1 ruling late Tuesday is the second time a three-judge panel of the 5th U.S. Circuit Court of Appeals has put a temporary hold on the the Texas law. It follows a confusing few hours last week the Supreme Court allowed the law to take effect, setting off anger and anticipation along the U.S.-Mexico border.
The same panel of appeals judges will hear arguments on the law next week.
“I think what we can draw from this, from the chaos that this has been are several conclusions,” said Lisa Graybill, vice president of law and policy at the National Immigration Law Center. “One is that this is clearly a controversial law. Two is that the politics of the justices on the bench are very clearly playing out in their rulings.”
Texas authorities announced no arrests made under the law during that short window on March 19 before the appellate panel stepped in and blocked it.
In Tuesday’s order, Chief Judge Priscilla Richman cited a 2012 Supreme Court decision that struck down portions of a strict Arizona immigration law, including arrest power. The Texas law is considered by opponents to be the most dramatic attempt by a state to police immigration since that Arizona law.
“For nearly 150 years, the Supreme Court has held that the power to control immigration — the entry, admission, and removal of noncitizens — is exclusively a federal power,” wrote Richman, an appointee of Republican President George W. Bush.
The Justice Department has argued that Texas’ law is a clear violation of federal authority and would create chaos at the border. Texas has argued that President Joe Biden’s administration isn’t doing enough to control the border and that the state has a right to take action.
The Texas law, Richman wrote, “creates separate, distinct state criminal offenses and related procedures regarding unauthorized entry of noncitizens into Texas from outside the country and their removal.”
She was joined in the opinion by Judge Irma Carrillo Ramirez, a Biden appointee.
Judge Andrew Oldham, an appointee of former President Donald Trump and a former aide to Abbott, dissented from the majority decision. |
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A Supreme Court ruling in a social media case could set standards
Headline Legal News |
2024/03/18 17:03
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In a busy term that could set standards for free speech in the digital age, the Supreme Court on Monday is taking up a dispute between Republican-led states and the Biden administration over how far the federal government can go to combat controversial social media posts on topics including COVID-19 and election security.
The justices are hearing arguments in a lawsuit filed by Louisiana, Missouri and other parties accusing officials in the Democratic administration of leaning on the social media platforms to unconstitutionally squelch conservative points of view. Lower courts have sided with the states, but the Supreme Court blocked those rulings while it considers the issue.
The high court is in the midst of a term heavy with social media issues. On Friday, the court laid out standards for when public officials can block their social media followers. Less than a month ago, the court heard arguments over Republican-passed laws in Florida and Texas that prohibit large social media companies from taking down posts because of the views they express.
The cases over state laws and the one being argued Monday are variations on the same theme, complaints that the platforms are censoring conservative viewpoints. The states argue that White House communications staffers, the surgeon general, the FBI and the U.S. cybersecurity agency are among those who coerced changes in online content on Facebook, X (formerly Twitter) and other media platforms.
“It’s a very, very threatening thing when the federal government uses the power and authority of the government to block people from exercising their freedom of speech,” Louisiana Attorney General Liz Murrill said in a video her office posted online.
The administration responds that none of the actions the states complain about come close to problematic coercion. The states “still have not identified any instance in which any government official sought to coerce a platform’s editorial decisions with a threat of adverse government action,” wrote Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer. Prelogar wrote that states also can’t “point to any evidence that the government ever imposed any sanction when the platforms declined to moderate content the government had flagged — as routinely occurred.”
The companies themselves are not involved in the case.
Free speech advocates say the court should use the case to draw an appropriate line between the government’s acceptable use of the bully pulpit and coercive threats to free speech. |
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