Elisa Miller for News
David Goodhand's addition to the prosecution is an indication that the legal team trying Roger Clemens is taking further precautions to avoid another mistrial.The prosecutors in Roger Clemens' perjury case added a seasoned attorney to their team Monday, prior to Friday's hearing in Washington when they learn whether they get an opportunity to retry the Rocket.
It is one sign that the government isn't taking any chances on repeating the mistakes that led to a mistrial ruling by U.S. District Court Judge Reggie Walton last month, when prosecutors Steven Durham and Daniel Butler introduced barred evidence to the jury. In Monday's filing, the government informed the court that David Goodhand will be co-counsel. Goodhand is an assistant U.S. Attorney in the same Washington D.C. office as Durham and Butler and works in the appellate division. He had worked in the D.C. office earlier in his career. According to Goodhand's Georgetown Law School adjunct professor profile, he clerked for a federal judge Amalya L. Kearse on the U.S. Court of Appeals for the Second Circuit, and later worked in the U.S. Attorney's office in the Eastern District of Virginia, overseeing the District's criminal appellate work for the Fourth Circuit Court of Appeals.
"It sounds like a background that is more scholarly, one that is able to handle legal questions, rather than litigation matters," said Golden Gate University law professor Peter Keane. "It sounds like they may be trying to beef up their team with someone who's clerked for a federal circuit judge. This might give them more resources to meeting the legal questions. Now they have a solid person to fall back on."
Durham and Butler wrote in a motion earlier this month that the mistake was in part due pre-trial time constraints.
"One of the things you can see from the Clemens case now, given the mistrial ruling, lawyers would be in position to say, 'Maybe we need to beef up our staff. We're trying to cover too many things. We let something important slip through the cracks,'" Keane said. "People who are very good trial lawyers, good at cross-examining or convincing jurors, may not be thorough about the details. You need someone there who's more detail-oriented, because it's the small stuff that kills you."
Anthony with Baez in November
Red Huber/Orlando Sentinel/MCT/Getty
"I really do have mixed feelings over the whole situation," said Baez on Tuesday following the stunning end to the highly-publicized trial over the 2008 death of Casey's 2-year-old daughter Caylee.
Casey was acquitted by the Florida jury of murder and child abuse charges and convicted only of lying to police. She could be released from jail as early as Thursday depending on what sentence she is given in the lesser conviction.
"Caylee has passed on far, far too son," said Baez, "and what my driving force has been for the last three years has been always to make sure there is justice for Caylee and Casey because Casey did not murder Caylee. It is that simple. And today, our system of justice has not dishonored her memory by a false conviction."
Baez also said the verdict should come as a wake-up call for supporters of the death penalty, which Casey had faced if she had been convicted of first-degree murder.
"The best feeling that I have today (is) I know when I go home my daughter will ask me what did you do today? And I can say I saved a life," he said.
As for the future of his client, Baez said, "I'm ecstatic for her, and I want her to be able to grieve and grow and somehow get her life back together."
Source: http://www.people.com/people/article/0,,20507871,00.html?xid=rss-topheadlines
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HELENA - Montana Attorney General Steve Bullock has scheduled several "campaign-kickoff" events around the state next week, where the Democrat is expected to launch his campaign for governor in 2012, the Missoulian State Bureau has learned.
A spokesman for Bullock wouldn't comment Monday on what office Bullock plans to run for, saying only that the attorney general plans to make that announcement after Labor Day, which is next Monday.
"He'll be having events all around the state in September (after Labor Day)," said Kevin O'Brien. "That's still the intent."
But sources close to the Montana Democratic Party told the Missoulian State Bureau that Bullock is preparing to run for governor.
Bullock, 45, would become the second and the most prominent Democrat to enter the already crowded 2012 race to succeed Gov. Brian Schweitzer, a two-term Democrat who cannot run for re-election because of term limits.
The only other Democrat in the race now is state Sen. Larry Jent of Bozeman. Five Republicans, two Independents and one Libertarian also have said they're running for the office.
Bullock sent postcards to potential supporters late last week, inviting them to a Sept. 8 campaign kickoff party at a historic pioneer cabin near Helena's Last Chance Gulch. The invitation didn't say what office Bullock planned to run for.
The event and other similar events will be fundraisers for Bullock's campaign and won't be open to the press, O'Brien said. A separate media announcement will be scheduled, he said.
Bullock won election as attorney general in 2008, winning a three-way Democratic primary and then defeating Republican Tim Fox in the general election, with 52.6 percent of the vote.
He had run previously for attorney general in 2000, but lost the Democratic primary to Mike McGrath, who went on to become attorney general for eight years and then chief justice of�the Montana Supreme Court.
Bullock, who grew up in Helena, earned his law degree from Columbia University in New York and has been involved in Montana politics for much of the last 20 years. He ran Democrat Joe Mazurek's successful campaign for attorney general in 1992 and coordinated the 2006 campaign for a ballot measure to raise the state minimum wage.
Sources also told the Missoulian State Bureau that Bullock plans to unveil a lengthy, detailed plan of what he hopes to accomplish as governor.
Bullock's entry into the governor's race creates an open seat for attorney general in 2012 - a contest that already has two Democrats and a Republican.
The Republican is state Sen. Jim Shockley of Victor, and the Democrats are state Labor Department lawyer Pam Bucy and former state Sen. Jesse Laslovich, an attorney for the state auditor's office in Helena.
In the Montana governor's race, five Republicans already are competing to become the party's 2012 nominee: Former U.S. Rep. Rick Hill; security consultant Neil Livingstone of Helena; former state Sen. Ken Miller of Laurel; Fort Benton farmer James O'Hara; and former state Sen. Corey Stapleton of Billings.
Source: http://missoulian.com/news/local/article_7c3953a0-d2c4-11e0-abee-001cc4c002e0.html
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Anthony with Baez in November
Red Huber/Orlando Sentinel/MCT/Getty
"I really do have mixed feelings over the whole situation," said Baez on Tuesday following the stunning end to the highly-publicized trial over the 2008 death of Casey's 2-year-old daughter Caylee.
Casey was acquitted by the Florida jury of murder and child abuse charges and convicted only of lying to police. She could be released from jail as early as Thursday depending on what sentence she is given in the lesser conviction.
"Caylee has passed on far, far too son," said Baez, "and what my driving force has been for the last three years has been always to make sure there is justice for Caylee and Casey because Casey did not murder Caylee. It is that simple. And today, our system of justice has not dishonored her memory by a false conviction."
Baez also said the verdict should come as a wake-up call for supporters of the death penalty, which Casey had faced if she had been convicted of first-degree murder.
"The best feeling that I have today (is) I know when I go home my daughter will ask me what did you do today? And I can say I saved a life," he said.
As for the future of his client, Baez said, "I'm ecstatic for her, and I want her to be able to grieve and grow and somehow get her life back together."
Source: http://www.people.com/people/article/0,,20507871,00.html?xid=rss-topheadlines
Northern Ireland's Attorney General John Larkin QC has poured cold water on a demand for automatic jail sentences for rioters, amid calls for tougher treatment against troublemakers from the courts.
Speaking exclusively to UTV, Mr Larkin, who is the Executive's chief legal adviser, said mandatory sentencing was tried before and found wanting.
His comments come after a Spanish man was jailed for four years after admitting throwing a breeze block at a policewoman during four nights of sectarian rioting in Ardoyne last July.
The policewoman was seriously hurt when the missile was thrown on her head from the Ardoyne shopfront roof.
Rodger Jorro Costa, who is 29 and originally from Barcelona but with an address in Ulsterville Avenue in Belfast, had originally been charged with trying to murder the officer.
He later pleaded guilty to the lesser charges of attempted grievous bodily harm with intent and rioting arising from this incident.
On Monday Recorder of Belfast Judge Tom Burgess said he was lucky not to be facing more serious charges as he could easily have caused fatal injuries to the officer.
The sentencing has prompted calls from the Police Federation for a tougher crackdown on rioters.
The body representing rank and file PSNI officers says that anyone detected and charged with riotous behaviour should face immediate imprisonment.
However the government's chief law officer said the use of mandatory sentences during the Troubles was not "an entirely a happy one".
Where you introduce rigidity in one part of the system, it often produces bulges and undue flexibility elsewhere.
Attorney General John Larkin QC
North Antrim DUP MP Ian Paisley has written to the Attorney General to ask for Costa's sentence to be reviewed.
"I think the public want to see longer, stiffer sentences," he told UTV Live.
"The Public Prosecutor too could come out and make a public statement and explain their actions as to why an attempted murder charge was not brought in the case of Mr Costa and why more serious charges were not preferred on other of these criminals.
"We need to see tougher sentencing and we also need to see the strongest possible charges brought to ensure that there is proper deterrent out there for the public."
In a statement, a PPS spokesperson denied that Costa's charge was reduced as a result of a plea bargain.
"No bargain was entered into. Any suggestion that the PPS has gone for a lesser charge is misconceived.
"The accused was prosecuted for riot and attempting to cause grievous bodily harm with intent which carry the same potential maximum penalty of up to life imprisonment as attempted murder.
"The fact remains that this reprehensible incident was properly prosecuted and all persons brought before the courts arising out of the rioting have been convicted of serious offences."
John Larkin was speaking to UTV during the course of a wide ranging interview on criminal justice.
He also dismissed claims that prosecution barristers in Northern Ireland are engaged in plea bargaining, a process whereby defendants are given the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter sentence.
Several other men have also been sentenced over the disturbances at the Belfast interface.
��UTV News
Source: http://www.u.tv/News/Attorney-General-weighs-in-on-riot-row/d581ce27-18f1-497e-96f1-434e1dc893a0
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Amy A. Lehman has joined Thompson & Knight LLP?s Trial Department as an Attorney in the New York office.
?Amy is a bright, highly motivated litigator with excellent educational credentials,? says Philip J. Kessler, the Firm?s New York Office Leader. ?She will be a worthy addition in supporting the growing litigation and international arbitration practice in our New York office. With her ties to the University of Michigan Law School, she will also support our Michigan practice, where she has been welcomed.?
Ms. Lehman represents clients before federal and state trial and appellate courts and focuses her practice on civil and commercial litigation and other areas of dispute resolution. She is a member of the American Bar Association, New York State Bar Association, New York City Bar Association, New York County Lawyers Association, Volunteer Lawyers for the Arts, and the University of Michigan Entertainment Coalition. She received a J.D. from the University of Michigan Law School in 2006 and a B.A., magna cum laude, from New York University in 2000.
Prior to joining Thompson & Knight, Ms. Lehman was an attorney at Flemming Zulack Williamson Zauderer LLP. Her previous experience also includes providing pro bono foreclosure defense litigation and negotiation for the New York City Bar Justice Center Foreclosure Project and serving as a Law Clerk for the Office of General Counsel at the University of Michigan.
About Thompson & Knight
Established in 1887, Thompson & Knight is a full-service firm providing legal solutions to public and private companies, governments, and individuals in all areas, including commercial and tort litigation, intellectual property, finance, banking, securities, mergers and acquisitions, taxation, corporate governance, creditors rights, real estate, labor, white collar defense, and environmental matters, among others. We are particularly recognized for our depth of experience and capabilities on behalf of clients in the energy industry, both domestically and around the world. Thompson & Knight has approximately 350 attorneys with offices in New York, Texas, and Michigan and international offices and associations in the Americas, North Africa, and Europe.
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An appeals court Monday threw out controversial sanctions imposed on two prosecutors by a Miami federal judge, who had concluded the pair committed ethical violations and acted in ?bad faith? during the prosecution of a Miami Beach doctor acquitted of peddling pain killers.
The sanctions cost the U.S. attorney?s office more than $600,000 in legal defense fees and costs. But the 11th U.S. Circuit Court of Appeals found that the trial judge violated the prosecutors? constitutional rights with his findings, and was wrong when he concluded they acted improperly. The appeals court vacated the fine.
The 11th Circuit?s decision lifted a dark cloud hanging over the U.S. attorney?s office since the prosecution of Dr. Ali Shaygan. The office not only lost the case, but also became the target of widespread criticism by defense attorneys who held it up as a glaring example of prosecutorial misconduct. The prosecutors? careers also were damaged.
?The stakes in this appeal are high: they involve the sovereign immunity of the United States, the constitutional separation of powers, and the civil rights and reputations of two federal prosecutors,? the 11th Circuit panel in Atlanta noted in its 63-page opinion.
In their appeal, the sanctioned prosecutors, Sean Cronin and Andrea Hoffman, had contended that U.S. District Judge Alan S. Gold violated their due process rights when he issued a public reprimand for their alleged misconduct during Shaygan?s trial.
The appeals courts agreed. Moreover, ?The District Court abused its discretion when it imposed sanctions against the United States for a prosecution that was objectively reasonable,? Circuit Judge William H. Pryor Jr. wrote for the majority.
The judges sent the case back to Gold for another hearing on the sanctions in Miami federal court.
One of the three judges on the 11th Circuit panel supported part of Gold?s position. Appellate Judge J.L. Edmonson found that the lead prosecutor, Cronin, acted with ?ill will? in the trial of the physician.
Shaygan?s attorney, David O. Markus, lauded Edmonson?s analysis. ?Prosecutors should not be able to act in bad faith, just as Judge Gold explained,? Markus said, adding that he will ask the entire 11th Circuit Court to reconsider Monday?s decision.
The $600,000-plus in legal defense fees, which were being held in a federal account since the fine was imposed in 2009, will not be turned over to the doctor?s defense attorneys, Markus and Marc Seittles. Instead, it will be given to the U.S. Treasury Department.
The previous U.S. attorney in Miami, who was No. 2 in command during the Shaygan prosecution, expressed hope that the appellate court would not take it up again. ?I hope that this brings to an end a very painful period for the U.S. attorney?s office, and our local criminal justice community as a whole,? said Jeffrey Sloman, now in private practice.
The sanctions were imposed in 2009, when Gold accused the federal prosecutors of knowingly violating ethical guidelines in the high-profile narcotics trial. He issued reprimands for the U.S. attorney?s office, Cronin, Hoffman and their supervisor, Karen Gilbert.
Cronin and Hoffman appealed, along with the Justice Department, on behalf of the U.S. attorney?s office. Cronin was represented by Roberto Martinez, a former U.S. attorney. Hoffman was represented by Robert Josefsberg and William Pearson.
Shaygan was acquitted in March 2009 of 141 counts of illegally prescribing painkillers. He was originally charged with 26 counts, including causing the death of a patient.
While prosecuting Shaygan, the U.S. attorney?s office began a secret, undisclosed side investigation of Shaygan?s legal team, citing a suspicion of witness tampering on the part of the defense, Gold found.
However, in the end, no evidence surfaced that the defense team was manipulating witnesses. On the contrary, defense attorneys rejected bribery invitations floated on tape from government informants.
In his findings in 2009, Gold wrote that the U.S. attorney?s office ?exhibited a pattern of ?win-at-all-cost? behavior in the conduct of this investigation.??
After Gold issued the sanctions, then-U.S. Attorney R. Alexander Acosta, an appointee of former President George W. Bush, issued a statement that acknowledged ?mistakes? were made.
?Our office policy, which requires the prior approval of senior management before this type of witness-tampering investigation is commenced, exists to prevent precisely this type of situation,? Acosta said in the statement. ?We regret that the policy was not followed, have already apologized to counsel, and have taken steps to ensure that this will not happen again.?
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YORK, Neb. ? Members of the York County Board are at the center of an effort to recall York County Attorney Bill Sutter.
County Board Chairman Kurt Bulgrin filed paperwork Wednesday to recall Sutter; however, that document was rejected. A second petition filed Thursday by board member Pat Bredenkamp, with pared-down reasons for the action, was recorded Thursday at the York County Clerk's Office.
A statement released late Wednesday under Bulgrin's name and contact information said action was taken "after an investigation was conducted into Sutter's mismanagement of the York County Attorney's Office."
Sutter told the York News-Times, "I have done nothing wrong. I have performed (the duties of) my office. I'm shocked and dismayed."
Bulgrin's press release said board members ordered an investigation after accusations were made about unprofessional conduct Sutter allegedly displayed toward his staff, his unwillingness to prosecute cases involving child pornography and his unwillingness to prosecute sex offenders who fail to register.
The last two elements were the reason the first petition was rejected. Thursday afternoon, Bulgrin said he has since learned that whom a public prosecutor chooses to prosecute does not constitute a legal and proper cause for recall.
In the press release, Bulgrin said: "The County Board met with Mr. Sutter and presented the findings of the investigation to him. After his refusal to submit a letter of resignation, he left the members of the board no other choice but to go public with the investigation and to start the process of removing him from office through a recall.
"Mr. Sutter's unprofessional and inappropriate behavior has created a hostile work environment within his office as well as in the community when performing his duties as county coroner."
The second recall petition, filed by Bredenkamp, listed the reasons for the action as negligence of duties and unprofessional and inappropriate conduct.
On Thursday morning, Bulgrin said County Board members are acting as "individual members of the community" in this matter and not as the sitting board.
Sutter said he was blindsided by Wednesday's events.
"I was called down to a board meeting at 11 o'clock, confronted by this and told to resign by 4 o'clock Wednesday or they were going to initiate a recall," he said Thursday morning.
Sutter has been York's county attorney since April 2010, when he was appointed by the County Board to fill an unexpired term. He has since been elected to the post.
A native of York, Sutter spent most of his legal career as a civil litigator in private practice in Lincoln. He oversees a staff of three.
Copyright �2011 Omaha World-Herald�. All rights reserved.
This material may not be published, broadcast, rewritten, displayed or redistributed for any purpose without permission from the Omaha World-Herald.
Source: http://www.omaha.com/article/20110826/NEWS97/708269898/1003
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Alameda City Council will conduct a second round of interviews with the top three finalists for city attorney at a special meeting on Tuesday, Aug. 30, at City Hall.
Interviews will take place during a closed council session starting at 6 p.m. City Manager John Russo will be present.
"We will deliberate after the interviews, but it is unlikely that any action will be taken," Councilmember Lena Tam wrote in an email to Alameda Patch. "Before the council can tender an offer, we must undertake the due diligence of background and reference checks."
Tam and Councilmember Beverly Johnson are the members of the council subcommittee responsible for recruitment of the new city attorney.
The council hopes to name a new city attorney by early fall. A contract with the chosen candidate will be discussed and voted upon in an open session of the city council.
The city received more than 40 applications for the job. Seven candidates were invited to the initial round of interviews that were held on Saturday, July 30.
The council placed former city attorney Teresa Highsmith on administrative leave on Dec. 28, 2010, after learning that she had accepted a position as interim city attorney in Barstow, CA, without giving notice to the city of Alameda.�Highsmith filed a personal injury claim against the City of Alameda in March, seeking redress for ?wage loss, fringe benefits loss, emotional and physical injuries, damage to her reputation, and general damages based upon statutory violations and constructive wrongful termination.?
Highsmith retired from her Alameda position on May 3, according to a city press release.
Assistant City Attorney Donna Mooney has been serving as acting city attorney since Highsmith's departure.
POCATELLO, Idaho ? Attorneys say a Pocatello man charged with first-degree murder in the beating death of his infant son has reached a plea agreement with prosecutors.
Defense attorney David Martinez told 6th District Magistrate David Evans on Wednesday that his client, Lee Ross Barbone, was prepared to plead guilty at a future court date. Martinez said that in exchange for Barbone's plea, prosecutors have agreed to recommend that he be sentenced to between 10 years and life in prison.
The Idaho State Journal ( http://bit.ly/nnqo0h) reports that Bannock County chief deputy prosecutor Vic Pearson confirmed the agreement.
Court records say 7-month-old Richard Lee Barbone died of abusive head trauma in May. The 19-year-old Barbone was arrested on May 16.
Source: http://www.idahostatesman.com/2011/08/25/1771985/attorney-plea-reached-in-death.html
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Article updated: 7/3/2011 5:37 PM
A West Dundee attorney accused of stealing some $210,000 from his clients could admit his guilt in the case later this summer.
William Chesbrough, 57, of the 1400 block of Grand Point Boulevard, was arrested last year and faces felony theft charges that he bilked $140,000 from two elderly women and $70,000 from a host of other clients.
?In all likelihood, it?s going to be a cold plea,? defense attorney Gary Johnson told Kane County Judge Edward Schreiber last week.
In a cold plea, a defendant admits guilt and leaves sentencing up to the judge instead of agreeing on a sentence length with prosecutors before admitting wrongdoing.
Chesbrough, who was disbarred by the state last fall, is due in court again Aug. 23.
The charges carry a top prison term of 15 years, but probation also is an option.
Probation in videotaping case:
A 29-year-old man avoided prison time last month after pleading guilty to felony unauthorized videotaping at the Batavia Target store.
Nicholas M. Carreno, of the 900 block of Fallen Oak Trail, Aurora, pleaded guilty to unauthorized videotaping at the store at 115 N. Randall Road.
According to court documents, Carreno was accused of recording a woman in the changing room on July 7, 2010.
He was arrested in mid-July after the victim reported someone put a ?penlike? object under the dressing room door.
The felony charge carried a top prison term of up to three years.
Carreno received two years probation, a $2,696 fine, 70 days of GPS monitoring and he is prohibited from having contact with the victim.
He also cannot own any video equipment or enter any Kane County area Target store.
Judge James Hallock accepted the guilty plea.
Fallen judge remembered:
Kane County Judge T. Jordan Gallagher, who died from cancer complications at 63, was laid to rest last week.
Gallagher served three years as a judge and before that was DeKalb County state?s attorney from 1976 through 1984.
There wasn?t enough space to put all the remembrances from friends and colleagues into the paper last week, but here is one that I found touching.
Said Gerry Morel, lifelong friend and colleague: ?I?ve known Jordan since youth. We even shared an apartment together in law school. If you wanted a person as a great friend and a great lawyer, Jordan is the one you would choose because of his loyalty, kindness, and integrity, all of which came packaged with a great Irish sense of humor.?
hhitzeman@dailyherald.com
Source: http://www.dailyherald.com/article/20110703/news/707039860
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GRAND RAPIDS ? Attorney Charles Rominger, awaiting sentencing for tax evasion, said the federal government is taking a tough stance against his wife, Nancy Dilley, because of his misdeeds.
Dilley is to be sentenced Wednesday for a misdemeanor, failing to file a federal tax return in 2007.
In a two-page letter filed today, Rominger told U.S. District Judge Paul Maloney that ?it would appear that the real target ? is me with the goal of using my conduct to exacerbate Nancy's sentence.?
He said that a government filing regarding Dilley's sentence ?unfairly and improperly includes a barrage of charges that relate not to Nancy but to me. Whatever relevance my history and other conduct might have in my case, it has none in Nancy's case.?
Dilley, who has no previous criminal record, faces up to one year in prison.
Assistant U.S. Attorney Matthew Borgula said the couple failed to file personal or business federal income-tax returns from 2001-2007, and have yet to pay any federal income taxes the past 10 years.
He said Dilley has ?genuine remorse for her conduct and suffers from the guilt of staining the Dilley family name,? but has not offered a good explanation for failing to pay taxes.
She told investigators the couple lost $1 million in Daniel Broucek's Ponzi scheme, but Borgula said they actually made a $263,000 profit that became part of a court judgment.
?(Dilley's) suggestion that she, like 'hundreds of other individuals' suffered actual losses in the Broucek Ponzi is offensive to those that actually lost their live savings and homes in that scheme,? Borgula wrote.
He said the couple, with a 68.5-acre horse ranch in Ada Township, should not be considered ?impoverished.?
Rominger, who said he would file a pleading on his own behalf when sentenced in August, took the blame for getting involved with Broucek, and said he was responsible for most of the family's income and bank accounts.
?In sentencing my wife, you should not attribute my conduct to her,? he wrote. ?Indeed, as the court knows, Nancy has the respect of her colleagues and peers. She is well regarded for her work ethic, honesty and compassion. She has served her family legacy well and is humbled by this shameful event.?
He pleaded with the judge to ?not separate Nancy? from their son, ?especially in light of my pending sentence.?
Former Kent County Circuit Judge Dennis Kolenda, now in private practice, said he is ?fully aware of the circumstances and conduct by Ms. Dilley,? but remains confident in her integrity.
In a letter to Maloney, Kolenda said he never expected to write such a letter on behalf of a defendant.
?Nonetheless, although I regret the circumstance which necessitates my first such letter, I write it unreservably on behalf of a still-trusted colleague.?
Rominger is scheduled to be sentenced Aug. 24 He faces up to five years in prison failing to pay nearly $150,000 in income taxes in 2005. He will be ordered to pay restitution.
E-mail John Agar: jagar@grpress.com
Source: http://www.mlive.com/news/grand-rapids/index.ssf/2011/07/attorney_charles_rominger_jr_b.html
Last Updated: July 02. 2011 5:32PM
Detroit? Michigan's attorney general has asked a Wayne County judge to triple a jury's verdict in a civil lawsuit and force Highland Park's former emergency financial manager to pay more than $841,000 for taking $264,000 from the cash-strapped city.
Arthur Blackwell II in January saw criminal embezzlement and misconduct charges dismissed, but earlier this month on nearly identical arguments in a civil lawsuit filed by the attorney general, was found to have wrongfully tapped city accounts to pay himself what he claimed were back wages he was owed.
Attorney General Bill Schuette now wants Wayne County Circuit Judge Robert Colombo Jr. to apply state law that allows the tripling of the jury's verdict, plus interest and other court costs, according to court documents. A hearing on the proposal is set for July 8.
Blackwell had taken the job in 2005 on an agreement with then-Gov. Jennifer Granholm that he would manage for $1 per year the city his father once served as mayor.
He testified at the trial that after the first year, he got a verbal agreement from Granholm to change the contract. Before he was fired in 2009, the state had started paying him more than $130,000 a year. Jurors determined Blackwell improperly diverted hundreds of thousands from the city's coffers to compensate for the time in 2006 and 2007 he claimed he should have been paid $11,000 per month.
Wayne County Prosecutor Kym Worthy brought criminal embezzlement and misconduct charges against Blackwell in 2009 but they were dismissed in January by a judge who ruled Blackwell had authority from the state and city to pay himself.
Worthy has asked the Michigan Court of Appeals to overturn Wayne County Circuit Judge Cynthia Gray Hathaway's action. A decision on whether the court will hear the prosecutor's argument and reinstate the criminal charges is pending.
Assistant Attorney General Michael Murphy had told jurors at the lawsuit trial that during the same period Blackwell told state authorities he couldn't afford to continue the $1 per year deal, he had received "millions" for his stock in Greektown Casino and paid about $1 million for a restaurant in Southfield. Blackwell also testified about winning and losing large sums gambling.
Blackwell's lawyer Ben Gonek told jurors during the lawsuit trial that his client was betrayed by Granholm, who wasn't called as a witness at the trial. Gonek described Blackwell as the "political road kill" left behind at the close of Granholm's administration.
Gonek said this week he will oppose the attorney general's efforts to triple damages, and also will ask the judge to punish the state for even asking.
Gonek also said an appeal of the verdict will be filed with the Michigan Court of Appeals soon, based on his contention that the city should have sued, not the state attorney general.
Blackwell remains the appointed chairman of Highland Park's Police and Fire Commission.
dguthrie@detnews.com
(313) 222-2548
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Source: http://detnews.com/article/20110702/METRO/107020365/1409/rss36
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Northern Ireland's Attorney General John Larkin QC has poured cold water on a demand for automatic jail sentences for rioters, amid calls for tougher treatment against troublemakers from the courts.
Speaking exclusively to UTV, Mr Larkin, who is the Executive's chief legal adviser, said mandatory sentencing was tried before and found wanting.
His comments come after a Spanish man was jailed for four years after admitting throwing a breeze block at a policewoman during four nights of sectarian rioting in Ardoyne last July.
The policewoman was seriously hurt when the missile was thrown on her head from the Ardoyne shopfront roof.
Rodger Jorro Costa, who is 29 and originally from Barcelona but with an address in Ulsterville Avenue in Belfast, had originally been charged with trying to murder the officer.
He later pleaded guilty to the lesser charges of attempted grievous bodily harm with intent and rioting arising from this incident.
On Monday Recorder of Belfast Judge Tom Burgess said he was lucky not to be facing more serious charges as he could easily have caused fatal injuries to the officer.
The sentencing has prompted calls from the Police Federation for a tougher crackdown on rioters.
The body representing rank and file PSNI officers says that anyone detected and charged with riotous behaviour should face immediate imprisonment.
However the government's chief law officer said the use of mandatory sentences during the Troubles was not "an entirely a happy one".
Where you introduce rigidity in one part of the system, it often produces bulges and undue flexibility elsewhere.
Attorney General John Larkin QC
North Antrim DUP MP Ian Paisley has written to the Attorney General to ask for Costa's sentence to be reviewed.
"I think the public want to see longer, stiffer sentences," he told UTV Live.
"The Public Prosecutor too could come out and make a public statement and explain their actions as to why an attempted murder charge was not brought in the case of Mr Costa and why more serious charges were not preferred on other of these criminals.
"We need to see tougher sentencing and we also need to see the strongest possible charges brought to ensure that there is proper deterrent out there for the public."
In a statement, a PPS spokesperson denied that Costa's charge was reduced as a result of a plea bargain.
"No bargain was entered into. Any suggestion that the PPS has gone for a lesser charge is misconceived.
"The accused was prosecuted for riot and attempting to cause grievous bodily harm with intent which carry the same potential maximum penalty of up to life imprisonment as attempted murder.
"The fact remains that this reprehensible incident was properly prosecuted and all persons brought before the courts arising out of the rioting have been convicted of serious offences."
John Larkin was speaking to UTV during the course of a wide ranging interview on criminal justice.
He also dismissed claims that prosecution barristers in Northern Ireland are engaged in plea bargaining, a process whereby defendants are given the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter sentence.
Several other men have also been sentenced over the disturbances at the Belfast interface.
��UTV News
Source: http://www.u.tv/News/Attorney-General-weighs-in-on-riot-row/d581ce27-18f1-497e-96f1-434e1dc893a0
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The U.S. Attorney's Office is attempting to collect money from two Montana companies to pay off some of the nearly $5.6 million in debts owed by Patrick Davison, a former Billings investment adviser convicted of�running a massive Ponzi scheme.
U.S. Attorney Michael Cotter has filed writs of garnishment to collect money owed to Davison by Wesco Resource(s) Inc., of Billings and Madison Investments LLC of Bozeman.
Wesco Resources is owned by Billings businessman Mike Gustafson and his family. Gustafson, through numerous companies, has spent nearly 30 years trying to develop the Otter Creek coal tracts and Tongue River Railroad near Ashland.
However, Gustafson's Billings�attorney, Chuck Hingle, filed a response saying the U.S. Attorney has misnamed the�companies in the court papers.
Davison has never been employed by Wesco Resources and has never had an economic interest in the company. The writ appeared intended for WesRail LLC, a Montana limited liability company of which Davison and Gustafson are members, Hingle wrote.
Hingle also said Madison Investments of Bozeman should be Madison Resources LLC in Billings, a company that Davison is a member of, not an employee. In a limited liability company, a member is an equity owner, the same as a shareholder in a corporation.
Madison Resources�mailed to the court all funds to which Davison was entitled on or about Aug. 15, according to the response. The amount paid to Davison�was not stated in the court documents. The U.S. Attorney's office won't comment on anything that hasn't been filed in court and Hingle said he wasn't authorized to say.
As of Thursday, the U.S. Attorney's office had not�changed the company names.
Gustafson expressed frustration that his companies�were being linked again with Davison.
"He was never involved (as an employee) with Wesco. That's an error," he said.
In 2007, Davison was sentenced to 10 years in federal prison in Sheridan, Ore., for�running what prosecutors�called the largest Ponzi scheme in Montana history. He is scheduled to be released May 8, 2016.
Davison had a performance-based contract with WesRail to help develop the Tongue River Railroad, Gustafson said, but that contract was terminated when he pleaded guilty to financial fraud.
Gustafson supported Davison's failed candidacy�for�governor of Montana in 2004. Two�years later, Gustafson was one of four local businessmen who intervened with Davison about his drinking and sent him to Arizona for treatment. After Davison's�fraud surfaced, Gustafson said he was as surprised as anyone that such a prominent philanthropist, businessman and aspiring�political leader had led a double life.
"We immediately severed all relationships. We acted with dispatch," he said, adding that he hasn't talked to Davison since 2007.
Wesco and Madison Resources share the same Billings address of 2280 Grant Road, Suite B, but they are separate companies, Gustafson said.
The Montana Secretary of State's office lists WesRail LLC, formed in 2003, as an active corporation. But the records list WesRail Inc., formed in 1997, and WesRail Limited Partnership, formed in 1980, as inactive.
Gustafson said Madison Resources was a management company set up to compensate three members -- himself, Davison and another Wesco associate, Doug Day, of Billings.
The Oregon U.S. Marshals Service will serve Davison by the end of the week, said Chief Deputy Marshal Rod Ostermiller in Billings. Once served,�Davison has 10 days to file a response confirming to the U.S. Attorney if�he has any assets�in these companies. He has an additional 10�days to ask for a hearing to dispute the garnishment.
If he doesn't request a hearing, U.S. Chief District Judge Richard Cebull could order a sale of Davison's assets to satisfy his debts.
It is unclear whether the attorney's office is trying to collect part of a recent payment from billionaire candy executive Forrest Mars to buy permits for the southern section of the Tongue River Railroad project. The amount Mars paid has not been disclosed.
In March 2010, Arch Coal Inc. paid $86 million, plus future royalties, to lease 587 million tons of state-owned Otter Creek coal.
Gustafson said when he sold some railroad permits five weeks ago, he dealt only with Arch and Burlington Northern Santa Fe Railway.
On July 20, Mars, who used to run the Mars candy company, bought the permits for the southern portion of the railroad to keep the tracks from running through his 140-square-mile Diamond Cross Ranch near Birney.
"They acquired the stock of Tongue River Railroad and we received compensation for that," Gustafson said. "Mr. Mars was not in the picture in any of my discussion at any time. I had absolutely no idea he was involved."
Gustafson said he has cooperated fully with the U.S. Attorney.
"We were the ones, Wesrail, that made the call and fully disclosed the details of the Tongue River Railroad transaction to the U.S. Attorney's office," he said.
Anthony with Baez in November
Red Huber/Orlando Sentinel/MCT/Getty
"I really do have mixed feelings over the whole situation," said Baez on Tuesday following the stunning end to the highly-publicized trial over the 2008 death of Casey's 2-year-old daughter Caylee.
Casey was acquitted by the Florida jury of murder and child abuse charges and convicted only of lying to police. She could be released from jail as early as Thursday depending on what sentence she is given in the lesser conviction.
"Caylee has passed on far, far too son," said Baez, "and what my driving force has been for the last three years has been always to make sure there is justice for Caylee and Casey because Casey did not murder Caylee. It is that simple. And today, our system of justice has not dishonored her memory by a false conviction."
Baez also said the verdict should come as a wake-up call for supporters of the death penalty, which Casey had faced if she had been convicted of first-degree murder.
"The best feeling that I have today (is) I know when I go home my daughter will ask me what did you do today? And I can say I saved a life," he said.
As for the future of his client, Baez said, "I'm ecstatic for her, and I want her to be able to grieve and grow and somehow get her life back together."
Source: http://www.people.com/people/article/0,,20507871,00.html?xid=rss-topheadlines
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EAST LIVERPOOL - A local attorney who was suspended from practicing law had the decision partially stayed, and he will now be suspended for only six months.
The matter involving attorney Richard Hoppel started in 2009 when the Disciplinary Council charged him with 80 violations of the rules of professional conduct after he accepted attorney fees to represent multiple clients in bankruptcy proceedings and then failed to perform the work, according to court documents.
Two allegations were dismissed at the initial hearing. As for the others, Hoppel indicated a cocaine addiction contributed to his misconduct, and the panel and board recommended the Supreme Court of Ohio indefinitely suspended Hoppel from practicing law.
Hoppel objected to the recommended sanction.
According to the court documents, Hoppel made restitution to each of his clients harmed and identified in the complaint.
In light of Hoppel's successful completion of inpatient treatment for his addiction, his more than two years of sustained sobriety and his payment of restitution to each of the clients harmed by his misconduct, the Supreme Court of Ohio rejected the board's recommended sanction and imposed a two-year suspension with 18 month stayed on conditions.
Evidence introduced at the hearing demonstrated Hoppel "was a conscientious, capable and professional attorney until his judgment was clouded by his drug addiction," according to the findings.
Hoppel successfully completed a 90-day inpatient treatment program for his drug addiction and has complied with all the terms of his agreement including his regular attendance at Alcoholics Anonymous meetings and compliance with random drug and alcohol screenings.
"He has expressed willingness to extend (his monitoring conditions) for the rest of his professional career if necessary," the documents suggest.
The Justices suspended Hoppel for two years with the final 18 months suspended, but only on the condition that he maintain full compliance with monitoring efforts.
If Hoppel fails to comply, the stay will be lifted, and he will serve the full two-year suspension.
The original complaint alleged Hoppel failed to return money to several clients after failing to file cases on their behalf or represent them at meetings or hearings in 2007 and 2008. According to the complaint, some of his actions reflected multiple violations of the rules of professional conduct in some of the cases, including rules regarding the collection of fees, making false statements of fact, engaging in conduct involving dishonesty, fraud, deceit or misrepresentation, and engaging in conduct prejudicial to the administration of justice or that adversely reflects on a lawyer's fitness to practice law.
Hoppel, an attorney since May 1994, apparently began having problems in 2007 when he started missing criminal hearings for clients he had been assigned to defend as a part-time public defender. Both Tobin and Pike found him in contempt, with Tobin sentencing him to 120 days in the county jail in October 2008 for both cases.
After he served about 13 days of the sentence, Tobin suspended the rest of the jail time to allow him to enter an inpatient drug rehabilitation program at the Keating Center in Cleveland.
Tobin later dismissed the contempt charges, ruling that Hoppel had complied with the court's order and purged himself of the contempt.
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Anthony with Baez in November
Red Huber/Orlando Sentinel/MCT/Getty
"I really do have mixed feelings over the whole situation," said Baez on Tuesday following the stunning end to the highly-publicized trial over the 2008 death of Casey's 2-year-old daughter Caylee.
Casey was acquitted by the Florida jury of murder and child abuse charges and convicted only of lying to police. She could be released from jail as early as Thursday depending on what sentence she is given in the lesser conviction.
"Caylee has passed on far, far too son," said Baez, "and what my driving force has been for the last three years has been always to make sure there is justice for Caylee and Casey because Casey did not murder Caylee. It is that simple. And today, our system of justice has not dishonored her memory by a false conviction."
Baez also said the verdict should come as a wake-up call for supporters of the death penalty, which Casey had faced if she had been convicted of first-degree murder.
"The best feeling that I have today (is) I know when I go home my daughter will ask me what did you do today? And I can say I saved a life," he said.
As for the future of his client, Baez said, "I'm ecstatic for her, and I want her to be able to grieve and grow and somehow get her life back together."
Source: http://www.people.com/people/article/0,,20507871,00.html?xid=rss-topheadlines
Amy A. Lehman has joined Thompson & Knight LLP?s Trial Department as an Attorney in the New York office.
?Amy is a bright, highly motivated litigator with excellent educational credentials,? says Philip J. Kessler, the Firm?s New York Office Leader. ?She will be a worthy addition in supporting the growing litigation and international arbitration practice in our New York office. With her ties to the University of Michigan Law School, she will also support our Michigan practice, where she has been welcomed.?
Ms. Lehman represents clients before federal and state trial and appellate courts and focuses her practice on civil and commercial litigation and other areas of dispute resolution. She is a member of the American Bar Association, New York State Bar Association, New York City Bar Association, New York County Lawyers Association, Volunteer Lawyers for the Arts, and the University of Michigan Entertainment Coalition. She received a J.D. from the University of Michigan Law School in 2006 and a B.A., magna cum laude, from New York University in 2000.
Prior to joining Thompson & Knight, Ms. Lehman was an attorney at Flemming Zulack Williamson Zauderer LLP. Her previous experience also includes providing pro bono foreclosure defense litigation and negotiation for the New York City Bar Justice Center Foreclosure Project and serving as a Law Clerk for the Office of General Counsel at the University of Michigan.
About Thompson & Knight
Established in 1887, Thompson & Knight is a full-service firm providing legal solutions to public and private companies, governments, and individuals in all areas, including commercial and tort litigation, intellectual property, finance, banking, securities, mergers and acquisitions, taxation, corporate governance, creditors rights, real estate, labor, white collar defense, and environmental matters, among others. We are particularly recognized for our depth of experience and capabilities on behalf of clients in the energy industry, both domestically and around the world. Thompson & Knight has approximately 350 attorneys with offices in New York, Texas, and Michigan and international offices and associations in the Americas, North Africa, and Europe.
###
Source: http://www.pr.com/press-release/349044
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GRAND RAPIDS ? Attorney Charles Rominger, awaiting sentencing for tax evasion, said the federal government is taking a tough stance against his wife, Nancy Dilley, because of his misdeeds.
Dilley is to be sentenced Wednesday for a misdemeanor, failing to file a federal tax return in 2007.
In a two-page letter filed today, Rominger told U.S. District Judge Paul Maloney that ?it would appear that the real target ? is me with the goal of using my conduct to exacerbate Nancy's sentence.?
He said that a government filing regarding Dilley's sentence ?unfairly and improperly includes a barrage of charges that relate not to Nancy but to me. Whatever relevance my history and other conduct might have in my case, it has none in Nancy's case.?
Dilley, who has no previous criminal record, faces up to one year in prison.
Assistant U.S. Attorney Matthew Borgula said the couple failed to file personal or business federal income-tax returns from 2001-2007, and have yet to pay any federal income taxes the past 10 years.
He said Dilley has ?genuine remorse for her conduct and suffers from the guilt of staining the Dilley family name,? but has not offered a good explanation for failing to pay taxes.
She told investigators the couple lost $1 million in Daniel Broucek's Ponzi scheme, but Borgula said they actually made a $263,000 profit that became part of a court judgment.
?(Dilley's) suggestion that she, like 'hundreds of other individuals' suffered actual losses in the Broucek Ponzi is offensive to those that actually lost their live savings and homes in that scheme,? Borgula wrote.
He said the couple, with a 68.5-acre horse ranch in Ada Township, should not be considered ?impoverished.?
Rominger, who said he would file a pleading on his own behalf when sentenced in August, took the blame for getting involved with Broucek, and said he was responsible for most of the family's income and bank accounts.
?In sentencing my wife, you should not attribute my conduct to her,? he wrote. ?Indeed, as the court knows, Nancy has the respect of her colleagues and peers. She is well regarded for her work ethic, honesty and compassion. She has served her family legacy well and is humbled by this shameful event.?
He pleaded with the judge to ?not separate Nancy? from their son, ?especially in light of my pending sentence.?
Former Kent County Circuit Judge Dennis Kolenda, now in private practice, said he is ?fully aware of the circumstances and conduct by Ms. Dilley,? but remains confident in her integrity.
In a letter to Maloney, Kolenda said he never expected to write such a letter on behalf of a defendant.
?Nonetheless, although I regret the circumstance which necessitates my first such letter, I write it unreservably on behalf of a still-trusted colleague.?
Rominger is scheduled to be sentenced Aug. 24 He faces up to five years in prison failing to pay nearly $150,000 in income taxes in 2005. He will be ordered to pay restitution.
E-mail John Agar: jagar@grpress.com
Source: http://www.mlive.com/news/grand-rapids/index.ssf/2011/07/attorney_charles_rominger_jr_b.html
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The ex-cop Russell Robinson is the alleged mastermind behind the theft of several guns and ammunition from the Police Armoury.
Supreme Court Judge Horace Marsh is to begin his summation on July 18.
The policeman has been on trial in the Gun Court since last year.
The Crown has alleged that Robinson was held in February last year on Munster Road in Kingston 2, with 18 firearms and thousands of rounds of ammunition belonging to the police armoury.
He is facing charges of illegal possession of firearm and ammunition.
Robinson was employed to the police armoury at the time of the alleged offence.
In his defence, the policeman reportedly told the court that he was set up by senior police officers.
Source: http://go-jamaica.com/news/read_article.php?id=29891
An attorney says his client is being interviewed by federal authorities investigating South Florida U.S. Rep. David Rivera over possible tax evasion.
Investigators are looking at whether taxes were paid on a secret million-dollar contract Rivera signed in 2006 to manage a campaign to expand gambling in Miami-Dade County.
Among those being interviewed by FBI and IRS agents is Lori Weems, an attorney who helped draw up the contract between the owners of a Miami casino and a company linked to Rivera. Her attorney, Andres Rivero, says at least five other people are being interviewed as witnesses.
Rivera has denied he was paid for his work. The contract was made through a company started by Rivera?s mother and later run by a close family friend.
Federal officials declined comment.
Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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One of the attorneys for Levi Aron, the man who confessed to killing and dismembering 8-year-old Hasidic boy Leiby Kletzky last week, abruptly resigned last night, saying it was because of "the horrific way this boy was killed." Gerard Marrone, who was one of two lawyers representing Aron, told the Daily News his conscience weighed heavy on him over the gruesome details of the murder: "I have three little boys. You can't look at your kids and then look at yourself in the mirror, knowing that a little boy, who's close in age to my eldest son, was murdered so brutally."
More than a week after Leiby was abducted, drugged, smothered to death and dismembered, police are still wading through Aron's Kensingston home trying to find more evidence, focusing on whether this was the first child he had killed. Police took bags marked "kids pants" and "blue child's spoon, pink cup" from the attic apartment yesterday, and will run the items through the DNA database to see if they match any other cases. "There were two boxes in a closet, and they appear to have been there for a while," a source told the Post.
Last week, neighbors accused Aron of having tried to kidnap children in the past, and investigators seemed unconvinced that this could have been Aron's first murder. Although Aron wrote a detailed written confession, he pled not guilty to first-degree murder and kidnapping charges, and his remaining lawyer has made it clear that they will pursue an insanity defense. Legal sources told the News that Aron is eligible for the federal death penalty because he took Leiby across state lines?Aron allegedly stopped to get gas in NJ (using a credit card) before heading to a wedding in Monsey, NY the day before he killed Leiby. "That crime is punishable by up to life in prison or the death penalty," said former federal prosecutor Morris Fodeman.
Leiby's parents, Nachman and Itta Kletzky, released a statement yesterday thanking authorities and ?all our fellow New Yorkers and beyond who assisted us physically, emotionally and spiritually.? They mentioned they had established a memorial fund to help children in dire need: ?We are certain that Leiby is now looking down from heaven and blessing us all...We pray that none of you should ever have to live through what we did.?
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Leechburg man's attorney says lie led to search warrants Tarentum Valley News Dispatch KITTANNING ? Attorneys were told Friday to file briefs within 30 days stating their cases on a Leechburg man's bid to suppress evidence collected by police in 2006. During a pretrial hearing yesterday afternoon, an attorney for Travis James Lasko, 46, ... |
GRAND RAPIDS ? Attorney Charles Rominger, awaiting sentencing for tax evasion, said the federal government is taking a tough stance against his wife, Nancy Dilley, because of his misdeeds.
Dilley is to be sentenced Wednesday for a misdemeanor, failing to file a federal tax return in 2007.
In a two-page letter filed today, Rominger told U.S. District Judge Paul Maloney that ?it would appear that the real target ? is me with the goal of using my conduct to exacerbate Nancy's sentence.?
He said that a government filing regarding Dilley's sentence ?unfairly and improperly includes a barrage of charges that relate not to Nancy but to me. Whatever relevance my history and other conduct might have in my case, it has none in Nancy's case.?
Dilley, who has no previous criminal record, faces up to one year in prison.
Assistant U.S. Attorney Matthew Borgula said the couple failed to file personal or business federal income-tax returns from 2001-2007, and have yet to pay any federal income taxes the past 10 years.
He said Dilley has ?genuine remorse for her conduct and suffers from the guilt of staining the Dilley family name,? but has not offered a good explanation for failing to pay taxes.
She told investigators the couple lost $1 million in Daniel Broucek's Ponzi scheme, but Borgula said they actually made a $263,000 profit that became part of a court judgment.
?(Dilley's) suggestion that she, like 'hundreds of other individuals' suffered actual losses in the Broucek Ponzi is offensive to those that actually lost their live savings and homes in that scheme,? Borgula wrote.
He said the couple, with a 68.5-acre horse ranch in Ada Township, should not be considered ?impoverished.?
Rominger, who said he would file a pleading on his own behalf when sentenced in August, took the blame for getting involved with Broucek, and said he was responsible for most of the family's income and bank accounts.
?In sentencing my wife, you should not attribute my conduct to her,? he wrote. ?Indeed, as the court knows, Nancy has the respect of her colleagues and peers. She is well regarded for her work ethic, honesty and compassion. She has served her family legacy well and is humbled by this shameful event.?
He pleaded with the judge to ?not separate Nancy? from their son, ?especially in light of my pending sentence.?
Former Kent County Circuit Judge Dennis Kolenda, now in private practice, said he is ?fully aware of the circumstances and conduct by Ms. Dilley,? but remains confident in her integrity.
In a letter to Maloney, Kolenda said he never expected to write such a letter on behalf of a defendant.
?Nonetheless, although I regret the circumstance which necessitates my first such letter, I write it unreservably on behalf of a still-trusted colleague.?
Rominger is scheduled to be sentenced Aug. 24 He faces up to five years in prison failing to pay nearly $150,000 in income taxes in 2005. He will be ordered to pay restitution.
E-mail John Agar: jagar@grpress.com
Source: http://www.mlive.com/news/grand-rapids/index.ssf/2011/07/attorney_charles_rominger_jr_b.html
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Article updated: 7/3/2011 5:37 PM
A West Dundee attorney accused of stealing some $210,000 from his clients could admit his guilt in the case later this summer.
William Chesbrough, 57, of the 1400 block of Grand Point Boulevard, was arrested last year and faces felony theft charges that he bilked $140,000 from two elderly women and $70,000 from a host of other clients.
?In all likelihood, it?s going to be a cold plea,? defense attorney Gary Johnson told Kane County Judge Edward Schreiber last week.
In a cold plea, a defendant admits guilt and leaves sentencing up to the judge instead of agreeing on a sentence length with prosecutors before admitting wrongdoing.
Chesbrough, who was disbarred by the state last fall, is due in court again Aug. 23.
The charges carry a top prison term of 15 years, but probation also is an option.
Probation in videotaping case:
A 29-year-old man avoided prison time last month after pleading guilty to felony unauthorized videotaping at the Batavia Target store.
Nicholas M. Carreno, of the 900 block of Fallen Oak Trail, Aurora, pleaded guilty to unauthorized videotaping at the store at 115 N. Randall Road.
According to court documents, Carreno was accused of recording a woman in the changing room on July 7, 2010.
He was arrested in mid-July after the victim reported someone put a ?penlike? object under the dressing room door.
The felony charge carried a top prison term of up to three years.
Carreno received two years probation, a $2,696 fine, 70 days of GPS monitoring and he is prohibited from having contact with the victim.
He also cannot own any video equipment or enter any Kane County area Target store.
Judge James Hallock accepted the guilty plea.
Fallen judge remembered:
Kane County Judge T. Jordan Gallagher, who died from cancer complications at 63, was laid to rest last week.
Gallagher served three years as a judge and before that was DeKalb County state?s attorney from 1976 through 1984.
There wasn?t enough space to put all the remembrances from friends and colleagues into the paper last week, but here is one that I found touching.
Said Gerry Morel, lifelong friend and colleague: ?I?ve known Jordan since youth. We even shared an apartment together in law school. If you wanted a person as a great friend and a great lawyer, Jordan is the one you would choose because of his loyalty, kindness, and integrity, all of which came packaged with a great Irish sense of humor.?
hhitzeman@dailyherald.com
Source: http://www.dailyherald.com/article/20110703/news/707039860
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EAST LIVERPOOL - A local attorney who was suspended from practicing law had the decision partially stayed, and he will now be suspended for only six months.
The matter involving attorney Richard Hoppel started in 2009 when the Disciplinary Council charged him with 80 violations of the rules of professional conduct after he accepted attorney fees to represent multiple clients in bankruptcy proceedings and then failed to perform the work, according to court documents.
Two allegations were dismissed at the initial hearing. As for the others, Hoppel indicated a cocaine addiction contributed to his misconduct, and the panel and board recommended the Supreme Court of Ohio indefinitely suspended Hoppel from practicing law.
Hoppel objected to the recommended sanction.
According to the court documents, Hoppel made restitution to each of his clients harmed and identified in the complaint.
In light of Hoppel's successful completion of inpatient treatment for his addiction, his more than two years of sustained sobriety and his payment of restitution to each of the clients harmed by his misconduct, the Supreme Court of Ohio rejected the board's recommended sanction and imposed a two-year suspension with 18 month stayed on conditions.
Evidence introduced at the hearing demonstrated Hoppel "was a conscientious, capable and professional attorney until his judgment was clouded by his drug addiction," according to the findings.
Hoppel successfully completed a 90-day inpatient treatment program for his drug addiction and has complied with all the terms of his agreement including his regular attendance at Alcoholics Anonymous meetings and compliance with random drug and alcohol screenings.
"He has expressed willingness to extend (his monitoring conditions) for the rest of his professional career if necessary," the documents suggest.
The Justices suspended Hoppel for two years with the final 18 months suspended, but only on the condition that he maintain full compliance with monitoring efforts.
If Hoppel fails to comply, the stay will be lifted, and he will serve the full two-year suspension.
The original complaint alleged Hoppel failed to return money to several clients after failing to file cases on their behalf or represent them at meetings or hearings in 2007 and 2008. According to the complaint, some of his actions reflected multiple violations of the rules of professional conduct in some of the cases, including rules regarding the collection of fees, making false statements of fact, engaging in conduct involving dishonesty, fraud, deceit or misrepresentation, and engaging in conduct prejudicial to the administration of justice or that adversely reflects on a lawyer's fitness to practice law.
Hoppel, an attorney since May 1994, apparently began having problems in 2007 when he started missing criminal hearings for clients he had been assigned to defend as a part-time public defender. Both Tobin and Pike found him in contempt, with Tobin sentencing him to 120 days in the county jail in October 2008 for both cases.
After he served about 13 days of the sentence, Tobin suspended the rest of the jail time to allow him to enter an inpatient drug rehabilitation program at the Keating Center in Cleveland.
Tobin later dismissed the contempt charges, ruling that Hoppel had complied with the court's order and purged himself of the contempt.
Published: Friday, July 22, 2011 2:11 p.m. MDT
SALT LAKE CITY ? The Utah Attorney General's Office is asking a federal judge to allow the state's new illegal immigration enforcement law to take effect.
"HB497 reflects Utah's effort to enable local law enforcement to communicate and cooperate with federal officials and respond to that problem in a reasonable, unobtrusive manner," state lawyers wrote in court documents this week.
"This court should defer to the wishes of the state and its legislators and allow the state to govern and address this issue as it sees fit."
Utah's request to enforce the law came in a memorandum in federal court opposing a motion for a preliminary injunction filed by several Latino individuals and groups who are suing the state over the bill.
U.S. District Judge Clark Waddoups put a temporary hold on the law in May and will consider making it permanent while the case runs it course. A hearing is scheduled for Sept. 2.
HB497 requires police to verify the immigration status of people arrested for felonies and class A misdemeanors and those booked into jail on class B and class C misdemeanors. It also says officers may attempt to verify the status of someone detained for class B and class C misdemeanors.
The ACLU of Utah and the National Immigration Law Center, which represent the plaintiffs, contend the law is unconstitutional and will turn Utah into a "show-me-your-papers" state.
State attorneys argue in the memorandum that those organizations misunderstand the law.
"HB497 does not require detention or arrest of illegal aliens. Nor does HB497 make it illegal to not carry identification documents," they wrote.
ACLU and National Immigration Law Center attorneys also argue that Latinos will be subject to racial profiling and unwarranted detention while police check their immigration status.
"Plaintiffs' alleged harm is either speculative or nonexistent (because it is based on an improper reading of the statute) or both. For example, their concerns over prolonged detentions are based on their misreading the statute, which neither expresses nor implies prolonged detentions to verify status," state attorneys wrote.
Irreparable harm are among the factors Waddoups will consider before ruling on the plaintiff's preliminary injunction request.
State attorneys asked the judge to be mindful of the high burden of proof the plaintiffs face when making a constitutional challenge to override the "will of the people of this state."
Utah lawmakers overwhelming approved HB497, sponsored by Rep. Stephen Sandstrom, R-Orem, in March as part of a package of illegal immigration bills.
Email: romboy@desnews.com. Twitter: dennisromboy
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