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Court overturns Boston Marathon bomber’s death sentence
Press Release |
2020/08/01 09:29
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A federal appeals court Friday threw out Dzhokhar Tsarnaev’s death sentence in the 2013 Boston Marathon bombing, saying the judge who oversaw the case did not adequately screen jurors for potential biases.
A three-judge panel of the 1st U.S. Circuit Court of Appeals ordered a new penalty-phase trial on whether the 27-year-old Tsarnaev should be executed for the attack that killed three people and wounded more than 260 others.
“But make no mistake: Dzhokhar will spend his remaining days locked up in prison, with the only matter remaining being whether he will die by execution,” Judge O. Rogeriee Thompson wrote in the ruling, more than six months after arguments were heard in the case.
An attorney for Tsarnaev said they are grateful for the court’s “straightforward and fair decision: if the government wishes to put someone to death, it must make its case to a fairly selected jury that is provided all relevant information.”
“It is now up to the government to determine whether to put the victims and Boston through a second trial, or to allow closure to this terrible tragedy by permitting a sentence of life without the possibility of release,” David Patton said in an email.
A spokesperson for the U.S. Attorney’s office in Boston said they were reviewing the opinion and had no immediate comment. Prosecutors could ask the full appeals court to hear the case or go straight to the U.S. Supreme Court.
The mother of Krystle Campbell, the 29-year-old killed in the attack, expressed outrage at the court’s decision.
“I just don’t understand it,” Patricia Campbell told The Boston Globe. “It’s just terrible that he’s allowed to live his life. It’s unfair. He didn’t wake up one morning and decide to do what he did. He planned it out. He did a vicious, ugly thing.”
Former Massachusetts Bay Transportation Authority officer Dic Donohue, who was severely injured in a gunfight with the brothers, said the ruling was not surprising to him.
“And in any case, he won’t be getting out and hasn’t been able to harm anyone since he was captured,” he tweeted.
Tsarnaev’s lawyers acknowledged at the beginning of his trial that he and his older brother, Tamerlan Tsarnaev, set off the two bombs at the marathon finish line. But they argued that Dzhokar Tsarnaev is less culpable than his brother, who they said was the mastermind behind the attack. |
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Australian highest court to rule on Cardinal’s appeal later
Press Release |
2020/03/14 11:03
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Australia’s highest court on Thursday said it will deliver a verdict at a later date on whether to overturn the convictions of the most senior Catholic to be found guilty of child sex abuse.
Cardinal George Pell’s lawyer, Bret Walker, told the High Court that if it found a lower court had made a mistake in upholding Pell’s convictions, he should be acquitted.
Prosecutor Kerri Judd told the seven judges that if there were a mistake, they should send the case back to the Victoria state Court of Appeal to hear it again.
Otherwise, the High Court should hear more evidence and decide itself whether the convictions against Pope Francis’ former finance minister should stand, Judd said.
Pell is one year into a six-year sentence after being convicted of molesting two 13-year-old choirboys in Melbourne’s St. Patrick’s Cathedral while he was the city’s archbishop in the late 1990s.
The 78-year-old cleric’s two-day hearing that ended on Thursday could be his last chance of clearing his name.
Pell was largely convicted on the testimony of one of the choirboys, now in his 30s with a young family.
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Indian state challenges new citizenship law in Supreme Court
Press Release |
2020/01/12 10:18
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The southern Indian state of Kerala on Tuesday became the first to legally challenge a new citizenship law that has triggered nationwide demonstrations.
In a petition to the Supreme Court, the state government said the law violates the secular nature of India's Constitution, and accused the government of dividing the nation along communal lines.
The citizenship law backed by Prime Minister Narendra Modi’s Hindu-nationalist party provides a path to naturalization for people from Bangladesh, Afghanistan and Pakistan, unless they’re Muslim. It has triggered nationwide protests and clashes with police, leading to 23 deaths.
The rallies have slowly morphed into much wider anti-government protests.
Critics say the law, which was passed by Parliament on Dec. 11, will be used in conjunction with a citizenship registry that could require all Indians to produce documents proving their origins, a challenge in a country where many people lack official records including birth certificates.
Kerala, a state ruled by a communist party, has strongly opposed the law and passed a resolution against in early January. The state government criticized the law in front-page advertisements in at least three national newspapers on Jan. 10, saying the state is "leading the efforts to protect constitutional values.”
Modi’s Bharatiya Janata Party said the move by the state was political.
Pinarayi Vijayan, chief minister of the state, has also written to the heads of 11 other states not ruled by Modi’s party, urging them to unite in their fight against the law. |
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The Latest: Ex-addict says Dallas cop helped her get sober
Press Release |
2019/10/02 12:05
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LaWanda Clark told jurors Wednesday during Guyger's murder trial that she struggled with a crack cocaine addiction and that Guyger wrote her a ticket on the day of the drug bust. She says Guyger told her that the ticket could be the impetus to turn her life around.
While Clark was speaking, attorneys showed jurors a photo of Guyger attending Clark's graduation from a community drug treatment program.
Clark said Guyger treated her as a person, not as "an addict," and said she is now sober.
Guyger faces up to life in prison for the September 2018 shooting death of Botham Jean. She says she mistook Jean's apartment for her own, which was one floor below.
A high school friend who played in an all-female mariachi band with Amber Guyger says the former Dallas police officer feels "immense remorse" for fatally shooting a neighbor in his own apartment.
Maribel Chavez testified Wednesday that she met Guyger in ninth grade during orchestra practice. They later went on to play in a mariachi band, with Guyger playing violin and trumpet.
Chavez said Guyger is typically bubbly and extroverted, but that since she killed her neighbor, Botham Jean, in September 2018, "It's like you shut her light off."
She described her friend as selfless, caring and a protector of those around her. |
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Kansas abortion foes brace for state Supreme Court decision
Press Release |
2019/01/08 15:29
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Abortion opponents in Kansas have been bracing themselves for nearly two years for a ruling from the state's highest court that protects the right to have an abortion and potentially upends politics in a state long at the center of the national debate.
The Kansas Supreme Court is relatively liberal in a state with a Republican-dominated Legislature that has strong anti-abortion majorities.
Court watchers also are asking: Why is it taking so long for the justices to rule? No one outside the court knows for sure and the justices are not saying, as is their long-standing custom. One educated guess is that they still are wrestling with the implications of declaring that the state constitution protects abortion rights.
That was the core legal issue when the court heard attorneys' arguments in March 2017 in a major abortion lawsuit . An abortion-rights decision could allow state courts in Kansas to chart their own course on abortion and invalidate restrictions that the federal courts would uphold.
"What's the test for that?" said Jeffrey Jackson, a Washburn University of Topeka law professor. "There's any number of weird possible decisions that you can get to."
The case arises from abortion opponents' numerous legislative victories during eight years under Republican governors. Democratic Gov.-elect Laura Kelly, a strong abortion rights supporter, takes office Monday, but the Legislature emerged from last year's elections more conservative — and as anti-abortion as ever.
GOP conservatives' power in the Legislature surged following "Summer of Mercy" protests in 1991 against the late Dr. George Tiller's clinic in Wichita, among a few in the U.S. known to do late-term abortions. An anti-abortion zealot shot Tiller to death in 2009.
Legislators debate abortion annually. Kansas recorded its lowest number of abortions in 30 years in 2017, fewer than 6,800 — 46 percent less than the peak of more than 12,400 in 1999.
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Belgian court rules out extradition for Spanish rapper
Press Release |
2018/09/14 11:42
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A Belgian court on Monday ruled that Spanish rapper Valtonyc should not be sent back to Spain, where he was sentenced to prison accused of writing lyrics that praise terror groups and insult the royal family.
The rapper, whose real name is Jose Miguel Arenas Beltran, was supposed to turn himself in voluntarily in May to authorities in Spain, where he faces prison sentences totaling three and a half years, but instead fled to Belgium.
"The judge has decided there will be no extradition and discarded all three charges," his lawyer, Simon Bekaert, told reporters near the court in the city of Ghent.
Bekaert said the judge ruled "there is no terrorism involved, there is no incitement of terrorism, so there is no question of a crime according to Belgian law." He said the judge also found that there is no crime to answer to over insulting the Spanish king and that no threat was made that could warrant extradition.
"I feel good, I am happy. But I am sad for the people in Spain, who unlucky, they don't have justice like me here," Arenas told reporters, in English."
The ruling could re-ignite tensions between Belgium and Spain over extradition demands.
Late last year, Spain dropped a European arrest warrant against former Catalan leader Carles Puigdemont after it became clear that Belgian justice authorities were unlikely to recognize some of the Spanish charges against him.
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