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Italy frees man convicted of 2007 murder of Meredith Kercher
Legal Business | 2021/11/28 14:46
The only person convicted in the 2007 murder of British student Meredith Kercher was freed Tuesday after serving most of his 16-year prison sentence, his lawyer said.

Attorney Fabrizio Ballarini said Rudy Guede’s planned Jan. 4 release had been moved up a few weeks by a judge and he was freed on Tuesday. He will continue to work in the library at the Viterbo-based Center for Criminology Studies, Ballarini said in an email.

Guede had already been granted permission to leave prison during the day to work at the center while he served his sentence for the 2007 murder of 21-year-old Kercher.

The case in the university city of Perugia gained international notoriety after Kercher’s American roommate, Amanda Knox, and Knox’s then-boyfriend were placed under suspicion. Both were initially convicted, but Italy’s highest court threw out the convictions in 2015 after a series of flip-flop decisions.

Guede was originally convicted in a fast-track trial procedure. He has denied killing Kercher.


Tunisian trial shines light on use of military courts
Legal Business | 2021/11/25 14:39
A few days after Tunisia’s president froze parliament and took on sweeping powers in July, a dozen men in unmarked vehicles and civilian clothes barged into politician Yassine Ayari’s family home overnight and took him away in his pajamas.

“These men weren’t wearing uniforms and they didn’t have a warrant,” Ayari told The Associated Press. “It was violent. My 4-year-old son still has nightmares about it.”

A 40-year-old computer engineer-turned-corruption fighter, Ayari will stand trial again in a military court on Monday, accused of insulting the presidency and defaming the army. It is the latest in a series of trials that shine a light on Tunisia’s use of military courts to push through convictions against civilians. Rights groups say the practice has accelerated since President Kais Saied’s seizure of power in July, and warn that its use further threatens hard-won freedoms amid Tunisia’s democratic backsliding.

The charges Ayari faces relate to Facebook posts in which he criticized Saied, calling him a “pharaoh” and his measures a “military coup.” Ayari intends to remain silent in court to protest the whole judicial process, according to his lawyer, Malek Ben Amor.

Amnesty International is warning of an “alarming increase” in Tunisian military courts targeting civilians: In the past three months, it says, 10 civilians have been investigated or prosecuted by military tribunals, while four civilians are facing trial for criticizing the president.

That’s especially worrying because Tunisia was long considered the only democratic success story to emerge from the Arab Spring uprisings a decade ago, and was long seen as a model for the region.


New Mexico Supreme court mediates clash on pandemic aid
Legal Business | 2021/11/20 13:26
New Mexico’s Supreme Court is considering whether state legislators should have a greater say in the spending more than $1 billion in federal pandemic aid.

Arguments in the case were scheduled for Wednesday morning at the five-seat high court. A bipartisan list of state senators is challenging Gov. Michelle Lujan Grisham as she asserts authority over federal pandemic aid approved by President Joe Biden in March.

Lujan Grisham, a Democrat running for reelection in 2022, has used the relief funds to replenish the state unemployment insurance trust, underwrite millions of dollars in sweepstakes prizes for people who got vaccinated, prop up agriculture wages amid a shortage of chile pickers and provide incentives for the unemployed to return to work. Decisions still are pending on more than $1 billion in federal relief for New Mexico.

In a written court briefings, Lujan Grisham said a state Supreme Court decision nearly 50 years ago upheld the governor’s discretion over federal funding at universities and should hold true broadly regarding federal pandemic relief funds.

Republican Senate minority leader Gregory Baca of Belen and Democratic Sen. Jacob Candelaria of Albuquerque initiated efforts to challenge the governor’s spending authority.

Supportive legal briefs have been filed by state Treasurer Tim Eichenberg and four long-serving Democratic senators. Critics of the governor have said she has overstepped her constitutional authority, blocking the Legislature’s representation of diverse views on how to spend the pandemic relief money.


Palestinians reject offer to delay their Jerusalem eviction
Legal Business | 2021/11/04 14:58
Palestinian families on Tuesday rejected an offer that would have delayed their eviction by Jewish settlers in a tense Jerusalem neighborhood, where protests and clashes helped ignite the 11-day Gaza war in May.

The four families in the Sheikh Jarrah neighborhood near the Old City said their decision springs from “our belief in the justice of our cause and our right to our homes and our homeland.” They said that rather than submit to an “unjust agreement” they would rely on the “Palestinian street” to raise international awareness of their plight.

The proposal floated by Israel’s Supreme Court last month would have made them “protected tenants,” blocking any eviction and demolition order for at least the next 15 years, according to Ir Amim, an Israeli rights group that closely follows developments in the city.

The families would have been able to continue arguing their case in Israeli courts. But it would have forced them to at least temporarily attest to the settlers’ ownership of the properties, which could weaken the families’ case going forward, and pay rent to the settlers.

The four families are among dozens in Jerusalem who are threatened with eviction by Jewish settler organizations in several cases that have been working their way through the Israeli court system for decades.

The settlers are making use of an Israeli law that allows them to claim properties that were owned by Jews prior to the 1948 war surrounding Israel’s creation. Palestinians who lost homes, properties and lands in the same conflict do not have the right to recover them.

There was no immediate comment from the settlers, but Jerusalem Deputy Mayor Arieh King, a staunch supporter, said they had accepted the offer.


Video: Officer shoots Illinois inmate after struggle for gun
Legal Business | 2021/11/01 10:43
Illinois State Police have released video footage showing a tense scene involving an inmate’s attack on a correctional officer at a courthouse and another officer firing his weapon at the inmate and injuring him.

Authorities said 55-year-old Fredrick Goss was at the Jefferson County Courthouse earlier this month for a trial. He was uncuffed while being transported in a wheelchair to trial where he was to be unrestrained.

Footage of the incident, released Friday on an Illinois State Police Facebook page, appeared to show Goss grabbing an officer’s gun and struggling with him before a deputy stepped in and shot Goss, who was hospitalized.

Police did not release further details about his injuries.

The correctional officer had minor injuries while the deputy wasn’t hurt, according to state police.

“To protect the life of the correctional officer and himself, the deputy confronted the armed inmate and was forced to fire his weapon,” police said in a news release. “The inmate was injured by the gunfire. Immediate assistance was requested.”

Goss was facing trial for an armed robbery and exchanging gunfire with police.

A message left Sunday for Matt Vaughn, a public defender in Jefferson County who has represented Goss, wasn’t immediately returned.

Online court records show the case is scheduled for a Nov. 30 status hearing.


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