Attorney tied to Thomas' RICO suit may face sanctions

by Yvonne Wingett Sanchez - Sept. 25, 2011 10:17 PM
The Arizona Republic

During opening statements in a hearing that could lead to disciplinary sanctions for former Deputy Maricopa County Attorney Rachel Alexander, Alexander's lawyer repeatedly asked why his client was accused of ethical violations tied to a civil-racketeering suit while others who worked on the suit were not.

Attorney Scott Zwillinger last week told an ethics panel weighing the case that Alexander was helping her boss, former County Attorney Andrew Thomas, carry out an assignment he told her was "of critical importance."

"Why is Rachel Alexander here?" Zwillinger asked as Alexander looked on. "Rachel worked largely at the direction of her supervisor, Peter Spaw, a senior lawyer with RICO experience, and outside counsel. . . . She was simply one lawyer of several assigned to a controversial matter, but unfortunately for her, she is the one now fighting for her career."

Nearly two years ago, Thomas and former Deputy County Attorney Lisa Aubuchon filed a federal civil-racketeering suit against a long list of alleged conspirators, including county management, the Board of Supervisors, four Superior Court judges and two attorneys in private practice.

Thomas later recruited Alexander to work on the complaint, and she worked hand in hand with Spaw. The complaint was short-lived - Thomas dismissed it 90 days after filing it - but it has lasting repercussions.

Alexander faces professional sanctions, while Thomas and Aubuchon face disbarment for their actions against political foes and the judiciary. Alexander is charged with seven ethical violations stemming from her work on the racketeering suit. Charges include using means to burden or embarrass, filing and asserting a frivolous proceeding, and disobeying an obligation under the rules of a tribunal. Combined, the three former prosecutors are charged with a total of 33 ethical violations.

Spaw was not named in the complaint, filed by Independent Bar Counsel John Gleason, who was appointed by the Arizona Supreme Court to prosecute the case. Public records show that Spaw time and again warned Thomas and others that the racketeering case was faulty, saying that it was "embarrassingly deficient" and that it should have "been on toilet paper."

But he helped draft the amended racketeering complaint, and along the way, acted as Alexander's supervisor on the case.

Gleason would not discuss Spaw's role in the proceedings, saying, "I can't comment on whether he is or will be a respondent in a proceeding."

Gleason pointed out that private attorney Eric Dowell and Washington, D.C.-based attorney Bob Driscoll, who also advised on the RICO complaint, would not fall under the order issued last March by Chief Justice Rebecca White Berch that appointed Gleason to examine allegations against Thomas and his staff.

Spaw and his current boss, County Attorney Bill Montgomery, also declined comment, citing the ongoing disciplinary hearing. Spaw, the office's racketeering expert, for years has worked as chief of the county attorney's Asset Recovery Bureau.

Public records obtained Friday by The Arizona Republic document Spaw's deep concern with the RICO complaint. In January 2010, he e-mailed Alexander, saying, "Incredibly, the racketeering complaint filed in federal court failed to identify one single federal racketeering act."

But the records also reveal the extent of his work on it:

-�Using his log-in information to file the amended complaint in federal court.

-�Helping get Alexander substituted as counsel and participating in conference calls on the case.

-�Reviewing motions.

-�Communicating with Thomas concerning the case.

Zwillinger stressed that he doesn't believe his client - or any other attorney - deserves discipline for their work on the RICO complaint because they didn't act with malice.

"She's exactly like them . . . she was just out there . . . trying to do the best she could," he said.

The disciplinary hearing resumes today and Tuesday and likely will include testimony from Supervisor Andy Kunasek, County Manager David Smith and others.

Follow the reporter on Twitter @yvonnewingett for live updates on today's hearing.

Source: http://www.azcentral.com/news/articles/2011/09/25/20110925andrew-thomas-rico-lawsuit-lawyer.html

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Attorney tied to Thomas' RICO suit may face sanctions

by Yvonne Wingett Sanchez - Sept. 25, 2011 10:17 PM
The Arizona Republic

During opening statements in a hearing that could lead to disciplinary sanctions for former Deputy Maricopa County Attorney Rachel Alexander, Alexander's lawyer repeatedly asked why his client was accused of ethical violations tied to a civil-racketeering suit while others who worked on the suit were not.

Attorney Scott Zwillinger last week told an ethics panel weighing the case that Alexander was helping her boss, former County Attorney Andrew Thomas, carry out an assignment he told her was "of critical importance."

"Why is Rachel Alexander here?" Zwillinger asked as Alexander looked on. "Rachel worked largely at the direction of her supervisor, Peter Spaw, a senior lawyer with RICO experience, and outside counsel. . . . She was simply one lawyer of several assigned to a controversial matter, but unfortunately for her, she is the one now fighting for her career."

Nearly two years ago, Thomas and former Deputy County Attorney Lisa Aubuchon filed a federal civil-racketeering suit against a long list of alleged conspirators, including county management, the Board of Supervisors, four Superior Court judges and two attorneys in private practice.

Thomas later recruited Alexander to work on the complaint, and she worked hand in hand with Spaw. The complaint was short-lived - Thomas dismissed it 90 days after filing it - but it has lasting repercussions.

Alexander faces professional sanctions, while Thomas and Aubuchon face disbarment for their actions against political foes and the judiciary. Alexander is charged with seven ethical violations stemming from her work on the racketeering suit. Charges include using means to burden or embarrass, filing and asserting a frivolous proceeding, and disobeying an obligation under the rules of a tribunal. Combined, the three former prosecutors are charged with a total of 33 ethical violations.

Spaw was not named in the complaint, filed by Independent Bar Counsel John Gleason, who was appointed by the Arizona Supreme Court to prosecute the case. Public records show that Spaw time and again warned Thomas and others that the racketeering case was faulty, saying that it was "embarrassingly deficient" and that it should have "been on toilet paper."

But he helped draft the amended racketeering complaint, and along the way, acted as Alexander's supervisor on the case.

Gleason would not discuss Spaw's role in the proceedings, saying, "I can't comment on whether he is or will be a respondent in a proceeding."

Gleason pointed out that private attorney Eric Dowell and Washington, D.C.-based attorney Bob Driscoll, who also advised on the RICO complaint, would not fall under the order issued last March by Chief Justice Rebecca White Berch that appointed Gleason to examine allegations against Thomas and his staff.

Spaw and his current boss, County Attorney Bill Montgomery, also declined comment, citing the ongoing disciplinary hearing. Spaw, the office's racketeering expert, for years has worked as chief of the county attorney's Asset Recovery Bureau.

Public records obtained Friday by The Arizona Republic document Spaw's deep concern with the RICO complaint. In January 2010, he e-mailed Alexander, saying, "Incredibly, the racketeering complaint filed in federal court failed to identify one single federal racketeering act."

But the records also reveal the extent of his work on it:

-�Using his log-in information to file the amended complaint in federal court.

-�Helping get Alexander substituted as counsel and participating in conference calls on the case.

-�Reviewing motions.

-�Communicating with Thomas concerning the case.

Zwillinger stressed that he doesn't believe his client - or any other attorney - deserves discipline for their work on the RICO complaint because they didn't act with malice.

"She's exactly like them . . . she was just out there . . . trying to do the best she could," he said.

The disciplinary hearing resumes today and Tuesday and likely will include testimony from Supervisor Andy Kunasek, County Manager David Smith and others.

Follow the reporter on Twitter @yvonnewingett for live updates on today's hearing.

Source: http://www.azcentral.com/news/articles/2011/09/25/20110925andrew-thomas-rico-lawsuit-lawyer.html

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Attorney general returns to unique role over legal aid reform - The Guardian

Joshua Rozenberg

Dominic Grieve, pictured next to Ken Clarke, has not used his position in government to promote reforms of his own. Photograph: Peter Macdiarmid/Getty Images

The attorney general is to intervene in the controversy over cuts to family justice, according to the Times (paywall). Dominic Grieve is to tell Ken Clarke that the lord chancellor's proposals would clog up the courts with unrepresented litigants.

Is this a split between two ministerial colleagues in the runup to the Tory conference? Will Grieve force Clarke to modify his legal aid reforms? Not at all: it is simply another sign that Grieve is trying to restore the unique constitutional role of the attorney general, a lawyer who must maintain his independence from the government of which he is a member.

Unlike some of Labour's law officers, Grieve has not used his position in government to promote reforms of his own. As the minister answerable for the prosecution services, he attends cabinet only when his responsibilities are on the agenda or when he is called in to give advice.

By virtue of his office, the attorney general is also leader of the bar. That role used to be more important before the Bar Council was set up to provide barristers with a modern representative body headed by an annually elected chairman. But Grieve has shown his willingness to revive the attorney's traditional role, attending meetings of the specialist bar associations, explaining the government's position and relaying barristers' concerns to his ministerial colleagues.

It was in that capacity that he attended a national meeting hosted by the Bar Council and the Family Law Bar Association on 17 September. Stephen Cobb QC, chairman of the family bar, said the court system would be put under considerable strain "as unrepresented individuals, some suffering from mental health problems and the effects of domestic abuse, attempt to represent themselves in court, in some cases opposite experienced lawyers".

The government's legal aid reforms would result in 54,000 fewer people a year being represented in the family courts, Grieve was told, affecting 68,000 children at the centre of traumatic family breakdown.

"Vulnerable children face the prospect of being cross-examined by their allegedly abusive parent," Cobb added. Increased use of mediation would not resolve these problems.

Grieve undertook to take these concerns back to the Ministry of Justice. He also agreed to pass on a more technical problem: that courts would not have the capacity to draft the necessary orders in family cases once there were no longer any lawyers in court to perform this essential function.

The attorney general's office told me this week that Grieve was persuaded of the need to reform the legal aid system. "He made it clear at the meeting that there was no prospect of the government resiling from reform and he did not set himself up as a champion of opposition to it," his spokesman said.

But Grieve does seem more open to argument than his colleagues at the ministry. He can surely see that accusing lawyers of self-interest is no longer sufficient to carry the argument for cuts. Lawyers' representatives have worked hard to find better ways of saving the government money, only to find their efforts rejected by a department that seems to ignore the fruits of its own consultation process.

Above all, Grieve must surely see the false economy of saving money on legal aid only to increase the costs elsewhere in the justice system. The short-sighted decision to cut legal aid for personal injury work more than a decade ago led to huge costs for the NHS, local authorities and other public defendants required to pay claimants' "success fees".

Grieve also agreed to pass on to his colleagues the concerns of the criminal bar. Senior members are furious at what they see as an attempt by the government's legal services commission to do away with the status of QC. Instead of certifying that a publicly funded case was serious enough to need a "silk", a court would simply grant representation for a less experienced defence advocate who had reached a particular level under a planned new quality assurance scheme for advocates.

That must surely increase the risks of defendants being wrongly convicted, increasing the number of costly appeals.

It was also reported this week that the criminal bar had received legal advice (from fellow barristers ? who else?) that it would be lawful for barristers' leaders to co-ordinate direct action: in other words, to call a strike. It had been thought that this would fall foul of competition law.

Without lawyers, courts become slower and more expensive. If Grieve can persuade the lord chancellor that his reforms will cost money rather than save it, he will have well served the interests of justice.

Source: http://www.guardian.co.uk/law/2011/sep/28/attorney-general-legal-aid-reform

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Source:

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Sarah Palin's attorney threatens lawsuit over book

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Attorney seeks independent probe into Detroit officer's punches at MGM Grand casino - Detroit Free Press

Clip: Officer punches casino patron: In this surveillance video from the MGM Grand Detroit casino, a Detroit police officer can be seen punching a patron who a waitress said had touched her inappropriately. Charges against the man were dropped.

More In Local News

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Source: http://www.freep.com/article/20110928/NEWS01/110928044/Attorney-seeks-independent-probe-into-Detroit-officer-s-punches-MGM-Grand-casino

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Holder reiterates resolve to find killer of Seattle federal prosecutor - The Seattle Times

U.S. Attorney General Eric Holder asked for the public's help Wednesday in solving the decade-old slaying of Seattle-based federal prosecutor Thomas Wales, putting his weight as the nation's chief law-enforcement officer behind a push to unravel one of the FBI's most frustrating cases.

"Tom was a dedicated public servant, a committed advocate, and a loving father and friend. Although this case remains unsolved, and Tom's killer remains unknown, our resolve to uncover the truth ... has never been stronger," Holder said at a news conference in a conference room dedicated to Wales' memory.

Wales' daughter, Amy, 32, flanked by her brother, Tom, read an emotional letter written to her father.

"There are people out there who know who killed you," she said, and appealed for them to come forward.

"If they can summon the courage, I will promise to advocate for their safe harbor, and when they come forward they will know me by my gratitude and my compassion. And so to those with information, however small it may be, please help us. I beg you to find the courage in your heart to right this wrong.

"If you'd like to meet, I will sit with you, and I will speak with you. I will share stories with you, so you know that he was not just an anonymous somebody. He was our father."

Holder was in Seattle specifically to appeal for public help in solving the homicide, a demonstration that the Department of Justice is still keen to find Wales' killer.

Also at the news conference were Seattle Police Chief John Diaz, whose detectives are working with the FBI, and King County Prosecutor Dan Satterberg. Mayor Mike McGinn, Councilmember Tim Burgess, former U.S. Attorney Mike McKay and former Mayor Greg Nickels also attended.

Scattered through the back of the room were a number of Wales' colleagues.

The media campaign, tied to the 10-year anniversary in hopes of jogging people's memories, will include TV and newspaper ads and the use of social media such as Twitter and the FBI's Facebook page. The FBI opened a new Website, www.fbi.gov/wales, to gather tips.

The site says profilers at the FBI's Behaviorial Analyst Unit (BAU) believe publicity around the 10-year anniversary could trigger reactions in the person responsible for the crime, or someone who knows something about it.

"The anniversary and renewed media attention could prompt a reaction in anyone involved in the homicide," said Susan Kossler, the BAU special agent assigned to assist with the case.

"He may appear tense or uneasy. He may make unexpected or inappropriate comments about the murder or about Wales," Kossler wrote. The killer might be preoccupied with the case and want to talk about it constantly, she said, or the very mention of it might make him shut down.

"Any stronger than normal reaction, any significant deviation from the norm is what people should be looking for," Kossler said.

U.S. Attorney Jenny Durkan said the message to the public is: "What you know may matter."

The Oct. 11, 2001, shooting in Seattle's Queen Anne neighborhood was overshadowed by the 9/11 attacks, and the case did not receive the attention many in the U.S. Attorney's Office in Seattle thought appropriate. It took a push by Wales' colleagues and a new U.S. attorney for the case to be assigned the status it has now.

However, while the investigation now holds what the bureau calls "major case status" ? including dedicated staffing, funding and a name, "SEPROM" (an acronym for Seattle Prosecutor Murder) ? it stalled not long after Wales, 49, was found, gravely wounded, at the computer in his basement after neighbors heard gunshots.

There remains a reward of up to $1 million for information leading to an arrest and conviction. Greg Fowler, the special inspector from the FBI's Portland office now overseeing the investigation, said the agents are convinced that someone, somewhere, has a piece of information that will crack the case. That someone might not even know they know it, he said.

"The example that Tom set throughout his life, and the uncertainty surrounding his death, must not ? and will not ? be forgotten," Holder said. "And, today, his work ? to advance the cause of justice and to protect public safety ? is now ours to carry forward."

Mike Carter: 206-464-3706 or mcarter@seattletimes.com

Steve Miletich: 206-464-3302 or smiletich@seattletimes.com

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNGJTgFVLyaMZ9SLyweLQ6MS4BIk8w&url=http://seattletimes.nwsource.com/html/localnews/2016348383_wales29m.html

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Holder reiterates resolve to find killer of Seattle federal prosecutor - The Seattle Times

U.S. Attorney General Eric Holder asked for the public's help Wednesday in solving the decade-old slaying of Seattle-based federal prosecutor Thomas Wales, putting his weight as the nation's chief law-enforcement officer behind a push to unravel one of the FBI's most frustrating cases.

"Tom was a dedicated public servant, a committed advocate, and a loving father and friend. Although this case remains unsolved, and Tom's killer remains unknown, our resolve to uncover the truth ... has never been stronger," Holder said at a news conference in a conference room dedicated to Wales' memory.

Wales' daughter, Amy, 32, flanked by her brother, Tom, read an emotional letter written to her father.

"There are people out there who know who killed you," she said, and appealed for them to come forward.

"If they can summon the courage, I will promise to advocate for their safe harbor, and when they come forward they will know me by my gratitude and my compassion. And so to those with information, however small it may be, please help us. I beg you to find the courage in your heart to right this wrong.

"If you'd like to meet, I will sit with you, and I will speak with you. I will share stories with you, so you know that he was not just an anonymous somebody. He was our father."

Holder was in Seattle specifically to appeal for public help in solving the homicide, a demonstration that the Department of Justice is still keen to find Wales' killer.

Also at the news conference were Seattle Police Chief John Diaz, whose detectives are working with the FBI, and King County Prosecutor Dan Satterberg. Mayor Mike McGinn, Councilmember Tim Burgess, former U.S. Attorney Mike McKay and former Mayor Greg Nickels also attended.

Scattered through the back of the room were a number of Wales' colleagues.

The media campaign, tied to the 10-year anniversary in hopes of jogging people's memories, will include TV and newspaper ads and the use of social media such as Twitter and the FBI's Facebook page. The FBI opened a new Website, www.fbi.gov/wales, to gather tips.

The site says profilers at the FBI's Behaviorial Analyst Unit (BAU) believe publicity around the 10-year anniversary could trigger reactions in the person responsible for the crime, or someone who knows something about it.

"The anniversary and renewed media attention could prompt a reaction in anyone involved in the homicide," said Susan Kossler, the BAU special agent assigned to assist with the case.

"He may appear tense or uneasy. He may make unexpected or inappropriate comments about the murder or about Wales," Kossler wrote. The killer might be preoccupied with the case and want to talk about it constantly, she said, or the very mention of it might make him shut down.

"Any stronger than normal reaction, any significant deviation from the norm is what people should be looking for," Kossler said.

U.S. Attorney Jenny Durkan said the message to the public is: "What you know may matter."

The Oct. 11, 2001, shooting in Seattle's Queen Anne neighborhood was overshadowed by the 9/11 attacks, and the case did not receive the attention many in the U.S. Attorney's Office in Seattle thought appropriate. It took a push by Wales' colleagues and a new U.S. attorney for the case to be assigned the status it has now.

However, while the investigation now holds what the bureau calls "major case status" ? including dedicated staffing, funding and a name, "SEPROM" (an acronym for Seattle Prosecutor Murder) ? it stalled not long after Wales, 49, was found, gravely wounded, at the computer in his basement after neighbors heard gunshots.

There remains a reward of up to $1 million for information leading to an arrest and conviction. Greg Fowler, the special inspector from the FBI's Portland office now overseeing the investigation, said the agents are convinced that someone, somewhere, has a piece of information that will crack the case. That someone might not even know they know it, he said.

"The example that Tom set throughout his life, and the uncertainty surrounding his death, must not ? and will not ? be forgotten," Holder said. "And, today, his work ? to advance the cause of justice and to protect public safety ? is now ours to carry forward."

Mike Carter: 206-464-3706 or mcarter@seattletimes.com

Steve Miletich: 206-464-3302 or smiletich@seattletimes.com

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNGJTgFVLyaMZ9SLyweLQ6MS4BIk8w&url=http://seattletimes.nwsource.com/html/localnews/2016348383_wales29m.html

M Daniels Law

Holder reiterates resolve to find killer of Seattle federal prosecutor - The Seattle Times

Originally published September 28, 2011 at 3:47 PM | Page modified September 28, 2011 at 7:54 PM

U. S. Attorney General Eric Holder asked for the public's help Wednesday in solving the decade-old slaying of Seattle-based federal prosecutor Thomas Wales, putting his imprint on one the FBI's biggest cases.

"Tom was a dedicated public servant, a committed advocate, and a loving father and friend. Although this case remains unsolved, and Tom's killer remains unknown, our resolve to uncover the truth ... has never been stronger."

Wales' daughter, Amy, 32, read an emotional letter to her father. "There are people out there who know who killed you," she said. She appealed to them to come forward.

Holder traveled to Seattle specifically to appeal for public help in solving the homicide ? a demonstration that the Department of Justice still is keen to find Wales' killers.

It didn't always appear to be the case.

The Oct. 11, 2001, shooting in Seattle's Queen Anne neighborhood was overshadowed by the 9/11 attacks, and the case did not receive the attention many in the U.S. Attorney's Office in Seattle thought appropriate. It took a push by Wales' colleagues and a new U.S. attorney for the case to be assigned the status it has now.

However, while the investigation now holds what the bureau calls "major case status" ? including dedicated staffing, funding and a name, "SEPROM" (an acronym for Seattle Prosecutor Murder) ? it stalled not long after Wales, 49, was found, gravely wounded, at the computer in his basement after neighbors heard gunshots.

Holder came to town Wednesday, according to the case agents, to make sure the case remains in the public eye.

There remains a reward of up to $1 million for information leading to an arrest and conviction. Greg Fowler, the special inspector from the FBI's Portland office now overseeing the investigation, said the agents are convinced that someone, somewhere, has a piece of information that will crack the case. That someone might not even know they know it, he said.

The bureau, in consultation with forensic psychologists, believe that memory could be jogged by focusing on the time frame ? the memorable weeks and months after the Sept. 11 attacks.

"The example that Tom set throughout his life, and the uncertainty surrounding his death, must not ? and will not ? be forgotten," Holder said. "And, today, his work ? to advance the cause of justice and to protect public safety ? is now ours to carry forward."

Mike Carter: 206-464-3706 or mcarter@seattletimes.com

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNGJTgFVLyaMZ9SLyweLQ6MS4BIk8w&url=http://seattletimes.nwsource.com/html/localnews/2016348383_wales29m.html

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Attorney seeks independent probe into Detroit officer's punches at MGM Grand ... - Detroit Free Press

Clip: Officer punches casino patron: In this surveillance video from the MGM Grand Detroit casino, a Detroit police officer can be seen punching a patron who a waitress said had touched her inappropriately. Charges against the man were dropped.

More In Local News

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Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNF9FTl8MmqIGFJ9lu0z45OV1H1_Cg&url=http://www.freep.com/article/20110928/NEWS01/110928044/Attorney-seeks-independent-probe-into-Detroit-officer-s-punches-MGM-Grand-casino?odyssey=tab%257Ctopnews%257Ctext%257CFRONTPAGE

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Attorney: Fumo is bearded, heavy, and depressed - Philadelphia Daily News

They let him out of solitary only after appeals from defense lawyers and prosecutors.

And prison officials have turned down Fumo for addiction therapy, despite his well-documented past heavy use of Xanax and other drugs, Cogan said. Enrollment could have gotten Fumo a year shaved off his 55-month sentence.

Fumo, 68, got another dose of unwanted news at the hearing Tuesday. U.S. District Judge Ronald L. Buckwalter rejected Fumo's request that he take part in the resentencing via a remote video hookup from the prison camp at Ashland.

Like most inmates, Fumo will have to appear in person, the judge ruled, after undergoing a possibly rigorous trip to Philadelphia via prison transport.

When Buckwalter sentenced Fumo in 2009, the punishment was widely criticized as too lenient. But last month, the U.S. Court of Appeals for the Third Circuit ruled that Buckwalter had made numerous legal mistakes in his sentencing and ordered him to do it over.

Now, prosecutors are hoping that Buckwalter will be forced to jack up Fumo's sentence significantly. The defense hopes the judge will merely fix technical errors in his sentencing process - and then reinstate the same term.

At Tuesday's hearing - Fumo was not there - another of his lawyers, Peter Goldberger, said Fumo wanted to appear via closed-circuit television to avoid the arduous and demeaning travel itinerary often followed by the U.S. Marshal's to transport prisoners.

Known even by U.S. Marshals as "Con Air," the air service and subsequent bus trips are loathed by many inmates. Conceivably, Goldberger said, the marshals might fly Fumo from Kentucky to Oklahoma, and then to Brooklyn. From there, Goldberger said, Fumo might have to ride a prison bus to Philadelphia.

"It's a terrible experience," Goldberger said. Cogan said later that cons call it "diesel therapy."

Source: http://www.philly.com/philly/news/breaking/20110926_Attorney__Fumo_is_bearded__heavy__and_depressed.html?cmpid=124488459

www.mdanielslaw.com

Source:

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Attorney: Fumo is bearded, heavy, and depressed - Philadelphia Daily News

They let him out of solitary only after appeals from defense lawyers and prosecutors.

And prison officials have turned down Fumo for addiction therapy, despite his well-documented past heavy use of Xanax and other drugs, Cogan said. Enrollment could have gotten Fumo a year shaved off his 55-month sentence.

Fumo, 68, got another dose of unwanted news at the hearing Tuesday. U.S. District Judge Ronald L. Buckwalter rejected Fumo's request that he take part in the resentencing via a remote video hookup from the prison camp at Ashland.

Like most inmates, Fumo will have to appear in person, the judge ruled, after undergoing a possibly rigorous trip to Philadelphia via prison transport.

When Buckwalter sentenced Fumo in 2009, the punishment was widely criticized as too lenient. But last month, the U.S. Court of Appeals for the Third Circuit ruled that Buckwalter had made numerous legal mistakes in his sentencing and ordered him to do it over.

Now, prosecutors are hoping that Buckwalter will be forced to jack up Fumo's sentence significantly. The defense hopes the judge will merely fix technical errors in his sentencing process - and then reinstate the same term.

At Tuesday's hearing - Fumo was not there - another of his lawyers, Peter Goldberger, said Fumo wanted to appear via closed-circuit television to avoid the arduous and demeaning travel itinerary often followed by the U.S. Marshal's to transport prisoners.

Known even by U.S. Marshals as "Con Air," the air service and subsequent bus trips are loathed by many inmates. Conceivably, Goldberger said, the marshals might fly Fumo from Kentucky to Oklahoma, and then to Brooklyn. From there, Goldberger said, Fumo might have to ride a prison bus to Philadelphia.

"It's a terrible experience," Goldberger said. Cogan said later that cons call it "diesel therapy."

Source: http://www.philly.com/philly/news/breaking/20110926_Attorney__Fumo_is_bearded__heavy__and_depressed.html

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Legislative corruption trial starts in Harrisburg against three - CBS 21

The legislative corruption trial dubbed ?Computergate? began Monday with a day of opening arguments.

Attorneys on both sides all agrees that former House Speaker John Perzel is the ringleader, but don?t agree the three defendants are guilty.

Chief Deputy Attorney General Frank Fina began opening arguments in Dauphin County Court stating the trial is about one thing, the use of taxpayer money for campaigns.

He explained details of what the three defendants are accused of: participating in a scheme to illegally spend millions of taxpayer dollars on technology to get an edge on GOP election campaigns.

The biggest fish in this round is former Rep. Brett Feese a one-time House GOP whip; Brian Preski, chief of staff to former House Speaker John Perzel; and former Feese aide Jill Seaman.

The three are part of the original ten indicted. Another defendant will be prosecuted separately later this year and six other Republicans pleaded guilty and may testify for the prosecution, including Perzel, who prosecutors say was the ringleader.

Monday, Preski's attorney said that Preski did not steal from taxpayers and painted him as a hard worker who is innocent.

Feese?s attorney said only a small secretive group knew what was going on and Feese had little involvement.

When Feese was asked what he thought of the Attorney General's strong allegations against him he only had this to say: ?We?ll have to see what the rest have to say."

Jill Seaman?s attorney said she was at some meetings but as a secretary didn?t make decisions.
Expect to hear a lot of testimony in this case as the trial is expected to last eight weeks.

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNGg7SRxzIDUWOhh6olo4vzLS5SuhQ&url=http://www.whptv.com/news/local/story/Legislative-corruption-trial-starts-in-Harrisburg/SexirUQed0u9LPwSkewo9g.cspx

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Kelly Thomas provoked cops charged in his death, attorneys say - Los Angeles Times

Defense attorneys for the two Fullerton police officers charged in the death of Kelly Thomas on Monday described the homeless man as a violent and dangerous criminal who was combative with officers and provoked them to use force.

The attorneys for Officer Manuel Ramos and Cpl. Jay Cicinelli pushed back Monday against the Orange County district attorney's detailed account of the events that led to Thomas' death, in which prosecutors portrayed Thomas as a defenseless victim of brutality.

Ramos' attorney, John Barnett, said Thomas' criminal record, which includes a 1995 conviction for assault with a deadly weapon when he hit his grandfather with a fire poker, reveals he had a violent side.

Speaking publicly for the first time, Cicinelli's attorney, Michael Schwartz, also disputed points in the district attorney's account, including the number of times his client allegedly hit Thomas with the front end of his Taser and the threatening taunt that Ramos allegedly used when he confronted Thomas: "See my fists? They are getting ready to f? you up."

Ramos, charged with second-degree murder and involuntary manslaughter, pleaded not guilty Monday. He remains jailed and the judge declined to lower his $1-million bail. Cicinelli pleaded not guilty last week to charges of involuntary manslaughter and excessive use of force and was released on $25,000 bail.

Kelly Thomas' father, Ron Thomas, decried the defense attorneys' tactics, insisting his son was not a violent person. The incident they cited occurred 17 years ago, he said, and led to his son's diagnosis of schizophrenia.

"I haven't been afraid of my son ever in my life," he said. The 1995 assault was Thomas' only violent conviction in Orange County.

Attorneys said Thomas struggled with officers, ignored their commands and was warned repeatedly before they resorted to force.

"I believe none of the officers were responsible.? Lethal force was the result of Kelly's actions," Barnett said at a news conference after his client's arraignment, where prosecutors revealed Ramos has been on suicide watch.

Thomas, a 37-year-old homeless man, died five days after the July 5 altercation at a bus depot in Fullerton. Thomas, prosecutors contend, was beaten, shocked repeatedly with a stun gun and pummeled with a Taser until he was unconscious.

The coroner determined the cause of death to be asphyxia from chest compression, with head and facial injuries contributing.

Orange County Dist. Atty. Tony Rackauckas said at a news conference last week that Ramos initiated the violence without provocation and that a surveillance video showed Thomas to be acting in "self-defense, in pain and in panic."

But Schwartz said officers used reasonable force to deal with a "combative, violent suspect" who fought with them, kicked, flailed and tried to grab the Taser from his client's hand.

"As an officer, you can't just get up and walk away because the suspect refuses to be handcuffed and fights with you," he said.

Schwartz also disputed the district attorney's statement that Cicinelli hit Thomas eight times in the head and face with the front of the Taser. He said his client struck Thomas only when the homeless man grabbed the hand holding the Taser at least twice.

"The Taser was falling out of his hand," said Schwartz, who said he's watched the video.

Susan Kang Schroeder, the district attorney's chief of staff, said the video shows Cicinelli struck the homeless man with the Taser before Thomas grabbed for it, and then struck him at least seven additional times.

Schwartz also said that Rackauckas misstated elements of the chronology of events in the video and the threatening words Ramos made to Thomas, which formed the crux of prosecutors' rationale for the murder charge against the veteran cop.

The full quote, Schwartz said, was: "See these fists? They are getting ready to f? you up if you don't do what I say."

Ramos made the statement simply in an effort to get Thomas to comply with his commands, Barnett said.

Schroeder dismissed that contention.

"No reasonable jury will believe the threat made like that could ever be conditional. It was made in a menacing way," she said. She added, "We know what Ramos meant because he carried it out."

abby.sewell@latimes.com

richard.winton@latimes.com

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNEiOwX43CJn4z3zknv4qf_s5Kj1jA&url=http://www.latimes.com/news/local/la-me-0927-kelly-thomas-20110927,0,6571948.story

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Kelly Thomas provoked cops charged in his death, attorneys say - Los Angeles Times

Defense attorneys for the two Fullerton police officers charged in the death of Kelly Thomas on Monday described the homeless man as a violent and dangerous criminal who was combative with officers and provoked them to use force.

The attorneys for Officer Manuel Ramos and Cpl. Jay Cicinelli pushed back Monday against the Orange County district attorney's detailed account of the events that led to Thomas' death, in which prosecutors portrayed Thomas as a defenseless victim of brutality.

Ramos' attorney, John Barnett, said Thomas' criminal record, which includes a 1995 conviction for assault with a deadly weapon when he hit his grandfather with a fire poker, reveals he had a violent side.

Speaking publicly for the first time, Cicinelli's attorney, Michael Schwartz, also disputed points in the district attorney's account, including the number of times his client allegedly hit Thomas with the front end of his Taser and the threatening taunt that Ramos allegedly used when he confronted Thomas: "See my fists? They are getting ready to f? you up."

Ramos, charged with second-degree murder and involuntary manslaughter, pleaded not guilty Monday. He remains jailed and the judge declined to lower his $1-million bail. Cicinelli pleaded not guilty last week to charges of involuntary manslaughter and excessive use of force and was released on $25,000 bail.

Kelly Thomas' father, Ron Thomas, decried the defense attorneys' tactics, insisting his son was not a violent person. The incident they cited occurred 17 years ago, he said, and led to his son's diagnosis of schizophrenia.

"I haven't been afraid of my son ever in my life," he said. The 1995 assault was Thomas' only violent conviction in Orange County.

Attorneys said Thomas struggled with officers, ignored their commands and was warned repeatedly before they resorted to force.

"I believe none of the officers were responsible.? Lethal force was the result of Kelly's actions," Barnett said at a news conference after his client's arraignment, where prosecutors revealed Ramos has been on suicide watch.

Thomas, a 37-year-old homeless man, died five days after the July 5 altercation at a bus depot in Fullerton. Thomas, prosecutors contend, was beaten, shocked repeatedly with a stun gun and pummeled with a Taser until he was unconscious.

The coroner determined the cause of death to be asphyxia from chest compression, with head and facial injuries contributing.

Orange County Dist. Atty. Tony Rackauckas said at a news conference last week that Ramos initiated the violence without provocation and that a surveillance video showed Thomas to be acting in "self-defense, in pain and in panic."

But Schwartz said officers used reasonable force to deal with a "combative, violent suspect" who fought with them, kicked, flailed and tried to grab the Taser from his client's hand.

"As an officer, you can't just get up and walk away because the suspect refuses to be handcuffed and fights with you," he said.

Schwartz also disputed the district attorney's statement that Cicinelli hit Thomas eight times in the head and face with the front of the Taser. He said his client struck Thomas only when the homeless man grabbed the hand holding the Taser at least twice.

"The Taser was falling out of his hand," said Schwartz, who said he's watched the video.

Susan Kang Schroeder, the district attorney's chief of staff, said the video shows Cicinelli struck the homeless man with the Taser before Thomas grabbed for it, and then struck him at least seven additional times.

Schwartz also said that Rackauckas misstated elements of the chronology of events in the video and the threatening words Ramos made to Thomas, which formed the crux of prosecutors' rationale for the murder charge against the veteran cop.

The full quote, Schwartz said, was: "See these fists? They are getting ready to f? you up if you don't do what I say."

Ramos made the statement simply in an effort to get Thomas to comply with his commands, Barnett said.

Schroeder dismissed that contention.

"No reasonable jury will believe the threat made like that could ever be conditional. It was made in a menacing way," she said. She added, "We know what Ramos meant because he carried it out."

abby.sewell@latimes.com

richard.winton@latimes.com

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNEiOwX43CJn4z3zknv4qf_s5Kj1jA&url=http://www.latimes.com/news/local/la-me-0927-kelly-thomas-20110927,0,6571948.story

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Sarah Palin's attorney threatens lawsuit over book

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[ [['like there is no way out', 9]],
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'Click image to see more photos',
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[ [['including snipers picking off protesters from rooftops', 5], ['Violence has flared anew in Yemen in frustration', 6]],
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'Click image to see more photos of unrest in Yemen',
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Source: http://news.yahoo.com/sarah-palins-attorney-threatens-lawsuit-over-book-011224646.html

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Legislative corruption trial starts in Harrisburg against three - CBS 21

The legislative corruption trial dubbed ?Computergate? began Monday with a day of opening arguments.

Attorneys on both sides all agrees that former House Speaker John Perzel is the ringleader, but don?t agree the three defendants are guilty.

Chief Deputy Attorney General Frank Fina began opening arguments in Dauphin County Court stating the trial is about one thing, the use of taxpayer money for campaigns.

He explained details of what the three defendants are accused of: participating in a scheme to illegally spend millions of taxpayer dollars on technology to get an edge on GOP election campaigns.

The biggest fish in this round is former Rep. Brett Feese a one-time House GOP whip; Brian Preski, chief of staff to former House Speaker John Perzel; and former Feese aide Jill Seaman.

The three are part of the original ten indicted. Another defendant will be prosecuted separately later this year and six other Republicans pleaded guilty and may testify for the prosecution, including Perzel, who prosecutors say was the ringleader.

Monday, Preski's attorney said that Preski did not steal from taxpayers and painted him as a hard worker who is innocent.

Feese?s attorney said only a small secretive group knew what was going on and Feese had little involvement.

When Feese was asked what he thought of the Attorney General's strong allegations against him he only had this to say: ?We?ll have to see what the rest have to say."

Jill Seaman?s attorney said she was at some meetings but as a secretary didn?t make decisions.
Expect to hear a lot of testimony in this case as the trial is expected to last eight weeks.

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNGg7SRxzIDUWOhh6olo4vzLS5SuhQ&url=http://www.whptv.com/news/local/story/Legislative-corruption-trial-starts-in-Harrisburg/SexirUQed0u9LPwSkewo9g.cspx

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ESPINOZA v. ATTORNEY GENERAL OF U.S. - Leagle.com

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ESPINOZA v. ATTORNEY GENERAL OF U.S. Leagle.com Although the motion was untimely, Espinoza urged the BIA to either exercise its authority to reopen sua sponte or apply equitable tolling, arguing that her prior attorney provided ineffective assistance by failing to challenge the BIA's order of March ... and more »

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNH7T_3Ex_xggkdn4Djorna3KfkMOw&url=http://www.leagle.com/xmlResult.aspx?xmldoc=In%2520FCO%252020110923059.xml&docbase=CSLWAR3-2007-CURR

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DHS selection process for outside attorneys draws criticism - NewsOK.com

DHS has paid outside attorneys more than $6.3 million to defend the agency and its governing commissioners against an ongoing class-action lawsuit even though the agency's commissioners never publicly voted to approve the legal contracts.

The federal lawsuit and hiring of private attorneys were secretly discussed only in executive sessions with the Department of Human Services commissioners.

?I would think it is a decision that should be made in a public meeting with a public vote,? said DHS Commissioner Steven Dow of the contracts, given the large amount of money involved.

Dow, a Yale Law School graduate, questions whether DHS violated the Open Meeting Act and another law dealing with the process for hiring outside lawyers.

Agendas of commission meetings failed to mention discussions were to take place regarding that particular lawsuit and hiring of outside counsel. The agendas contained only a general note that status reports on various types of legal actions would be presented.

Vagueness in agendas

Attorney General Scott Pruitt and Oklahoma County District Attorney David Prater recently criticized such vagueness in agendas. Pruitt told the Commissioners of the Land Office it needed to be specific in listing legal cases to be discussed in executive sessions.

Charles Waters, DHS general counsel, said he doesn't believe any laws were violated.

The bulk of the money ? nearly $5 million in attorneys fees and more than $1 million in expenses ? has gone to Riggs, Abney, Neal, Turpen, Orbison & Lewis, a large law firm with offices in Oklahoma City, Tulsa and Denver.

Payments began in March 2008. The firm already has billed the state for more than 33,000 hours with hourly rates of $185 to $200 an hour and some discounts, records show.

DHS also paid more than $300,000 in fees and expenses to attorney Kent Meyers of Crowe & Dunlevy. His hourly rate to the state is $300 an hour.

The Riggs-Abney contract was renewed by DHS Director Howard Hendrick and Waters in the summer 2010 over the strong objections of Dow, who questioned whether proper procedures were followed.

?I was quite explicit in my request that an application (to renew the contract) not be submitted to the attorney general without my having the opportunity to review it prior to its submission,? Dow wrote in a terse June 30, 2010, email to Hendrick, Waters and Commission Chairman Richard DeVaughn. ?It appears as though my explicit request was disregarded.?

Waters responded the next day with an email that said no vote was necessary.

?Contracting authority is an executive function of the agency not requiring the commission's formal approval,? Waters wrote. ?During executive session the commissioners have expressed their desire to continue the Riggs-Abney representation.?

?The other eight commissioners wish to continue DHS' contractual relationship with Riggs-Abney and for that law firm to continue to represent them as party defendants named solely in their ?official' capacity in the Children's Rights lawsuit (as you are),? Waters wrote in another July 1, 2010, email. ?Filing an application for contract approval with the attorney general is a requisite step to implement that policy.?

Concerns raised

Dow said Waters' emails raise concerns.

First of all, Dow said he believes the law does require commissioners' approval to enter into outside legal contracts.

He cited a state law which says: ?The Commission shall not contract for representation by private legal counsel unless approved by the Attorney General.?

That law implies the commission can contract for private legal representation if approval has been obtained from the attorney general, but makes no mention of DHS' director or general counsel having authority to contract for outside legal representation, Dow said.

Dow said Waters' email comment that the other eight commissioners approve of the contract with Riggs-Abney also raises legal questions.

?How do you know that if no vote was taken?? Dow asked. ?You are not allowed to vote in executive session.?

Waters told The Oklahoman that no vote was taken during the executive session. He said his email statements were based on positive comments other commissioners made about the contracts while behind closed doors.

Waters said he believes he and Hendrick have the authority under the Oklahoma Constitution to hire outside attorneys without a commission vote. The constitution says the commission is to select a director to ?serve as the executive and administrative officer of the department.?

?The director of human services as the chief executive and administrative officer of DHS is empowered under the Oklahoma Constitution and state law to enter into such contracts for professional services on behalf of the agency,? said Richard Freeman, a DHS assistant general counsel. ?Neither state law nor agency policy requires OKDHS' contracts for professional services to be competitively bid or to be formally approved by the Commission.?

Renewed or extended

Waters noted that DHS had to obtain approval from the attorney general's office to use outside attorneys. The original contract has since been renewed or extended 13 times to cover escalating legal costs.

Pruitt, the attorney general, prefers to have attorneys within his office assist agencies, rather than having them hire outside attorneys, but recognizes that's not always possible, a spokeswoman said.

?This instance demonstrates the need for greater accountability in the retention of private attorneys,? the spokeswoman said. ?The contract in this case was approved by a prior administration.?

With the trial scheduled to start in a few months, ?it would have been irresponsible for our office to not approve a state agency's request? because failure to do so ?could have increased the state's exposure,? she said.

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNGXKlSsR4xZFL4cuXOUjFjwjRmhLw&url=http://newsok.com/dhs-selection-process-for-outside-attorneys-draws-criticism/article/3607443

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Kentucky Attorney General Backs New York's Schneiderman In National Foreclosure Settlement Talks - Huffingtonpost.com

NEW YORK -- Kentucky Attorney General Jack Conway has added his name to a list of state law enforcers who fear that a settlement being negotiated among government officials and big banks isn't backed by a sufficient investigation into potential wrongdoing.

As law enforcers approach a deal with banks to settle allegations that the companies improperly foreclosed on American homeowners, the banks are pushing for a broad release from liability for actions that have not yet been fully investigated, Conway said in a Thursday email to the Progressive Change Campaign Committee, obtained by The Huffington Post.

By raising these concerns, Conway has aligned himself with New York Attorney General Eric Schneiderman and law enforcers from other states who have questioned the adequacy of the groundwork underlying the settlement talks.

"Today's economic crisis was caused by Wall Street acting improperly," Conway, a Democrat, said in the email. "Every American has paid the price -- with families losing their homes, investors losing their money, and many Americans losing their jobs. There should be absolutely no criminal or civil immunity given to banks for activity that has not yet been investigated."

All 50 state attorneys general, along with a group of federal agencies, launched an investigation into banks' foreclosure practices after it emerged last autumn that mortgage companies employed so-called "robo-signers," who approved thousands of foreclosure documents without reading them. Some banks temporarily halted foreclosures, saying they would review documents for errors, as criticism mounted.

Talks to settle the civil allegations seemed to be reaching a conclusion over the summer. But some government officials, including recent Obama Administration adviser Elizabeth Warren, questioned the sufficiency of the investigation into the ways banks dealt with homeowners.

The banks, which include Bank of America, JPMorgan Chase, Citigroup, Wells Fargo and Ally Financial, seem eager for a resolution to the talks that have contributed to investors' anxiety over the institutions' financial health. A legal penalty for the banks could reach $20 billion, The Huffington Post reported in June.

But consumer advocates are not united in the belief that the investigation has been inadequate. Some progressive law enforcers and other attorneys say the investigation -- which has been largely shielded from the public view -- is grounds enough for a deal that could give immediate relief to homeowners, by setting rules for mortgage practices and potentially offering monetary assistance.

"We all agree that banks have behaved abominably and they must be held accountable. It's my strong belief that the multi-state AG effort is attempting to do exactly that," said attorney Ira Rheingold, executive director of the National Association of Consumer Advocates, in an email. The attorneys general, he added, "have done a significant investigation/examination of serious servicer misbehavior in the foreclosure and loan modification processes and I believe that the fair resolution of their negotiations offers the best hope for immediate relief for consumers faced with the possible loss of their homes."

A spokeswoman for Iowa Attorney General Tom Miller, who is leading the states' investigation, did not immediately respond to a request for comment. Earlier this month, when Minnesota Attorney General Lori Swanson raised concerns about the adequacy of the investigation, a spokesman for Miller said in an emailed statement: "We share a lot of common ground with Attorney General Swanson and we appreciate her input."

Miller removed New York's Schneiderman from the so-called executive committee of attorneys general last month, as divisions emerged among state law enforcers. Schneiderman, who has expressed skepticism about the national investigation, has advocated for a narrow settlement, as he pursues his own investigations into the banks' behavior.

Attorneys general from Delaware and Massachusetts have also questioned the thoroughness of the national investigation.

UPDATE: 1:20 p.m. -- Iowa's Miller said a settlement with the banks will not include criminal immunity, and any release from civil liability will not be broad.

"Attorney General Conway is against something that doesn't exist," Miller said. "We've made it very clear for at least a month that there's nothing to do with criminal immunity. That should be known."

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Source: http://www.huffingtonpost.com/2011/09/22/kentucky-jack-conway-eric-schneiderman-foreclosure_n_975634.html

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John Horan: Attorney in real life -- and in fiction - Lincoln Journal Star

This is the story of two attorneys. John Horan was a promising young attorney in one of the Capital City's most respected firms. Mike Hanigan is an underachieving clerk for a federal bankruptcy judge in Omaha. The seizures that rattled Horan's head after what he thought was "just the flu," tabled his legal career. He turned to Hanigan for help.

Fall 2009

Something wasn't right. The unfamiliar room was spinning. He knew he was in trouble. He found a cellphone and hit redial.

"I don't know who I am, I don't know who you are, but I know I need help."

Tina Horan recognized her husband's voice, but his words made no sense. She thought the sharp, young attorney she'd been married to for 18 years was joking around. Not funny, she thought.

She was juggling her part-time job as an accountant, two teenagers and the final details on a home they were building.

John Horan worked long hours, even when he was sick. She had insisted he stay home the week before when he had the flu and his fever reached 104 degrees. Even at home, she couldn't keep him away from his BlackBerry.

She had begged him not to go out of town for a hearing after he'd been so ill. On Monday morning,� he got on the plane anyway. When he arrived, he called his wife and said he still wasn't feeling well.

"I just need to go for a run in the morning and clear my head," Horan, who worked out relentlessly, had told her.

Now it was Tuesday morning and her husband was on the phone unable to tell her where he was. She asked him to describe his surroundings and told him to read the number off the phone he found by the bed. Using that information, she contacted emergency personnel and sent them to a hotel room in Lansing, Mich.

Paramedics discovered a disoriented Horan dressed in running clothes in a pool of blood and vomit. The blood came from biting his tongue. Though they didn't know it at the time, Horan had started having seizures that would continue for eight days.

Tina Horan and John's brother, Mark, drove to Lansing. She didn't want to get on a plane and be out of contact. "I had a husband who did not know who or where he was, and I needed to be available to doctors to answer questions," she said. By Sunday, she knew doctors in Lansing wouldn't be able to stop the seizures that continued to rattle Horan's brain. She made the decision to fly him to Mayo Clinic in Rochester, Minn.

"What they don't tell you is that if your insurance doesn't cover the Life Flight, you have to pay for it on the spot," Tina Horan said. "That flight cost $13,000, and I didn't even get a bag of peanuts or a beer."

At Mayo, doctors decided to put Horan into a coma as a last-ditch effort to stop the seizures. All his wife could do was wait and pray.

Winter 2005

"Mike Hanigan and Judge Tom Centers had settled into a unique unspoken code of conduct that governed their working relationship. The judge would tolerate Hanigan's chronic tardiness, morning hangovers and numerous idiosyncrasies ? and Hanigan, in turn, would not strive to advance his career by seeking a higher-paying, more prestigious job as an attorney at a large law firm. ? The photographic memory, speed-reading ability, and sharp writing skills which had enabled Hanigan to excel at law school remained intact, despite the frequent and vicious attacks he would unleash on his brain cells via the vodka bottle."

-- From "Heady Waters," by John Louis Horan

Horan was a driven attorney specializing in bankruptcy, creditors' rights, real estate and financial law. He had little time for creative pursuits, but a friend recognized a unique voice when he read a committee report Horan had written for church.

"He told me it read like a Grisham novel," Horan said. The friend, Bill Sloan, challenged him to write, and Horan found that writing on the weekends was a great stress release. For two years, Horan crafted a novel based on what he knew from growing up in Nebraska City, clerking in a federal court and practicing law. He'd shared drafts with Sloan along the way. In 2005, Horan finished what he describes as a "quirky legal murder mystery."

"Think John Grisham novel colliding with a Coen brothers' movie, like, say, 'Fargo,'" he said.

"Heady Waters" is set in the fictional town of Riverton, home to the Trees are Forever Foundation. A murder is discovered by hometown boys who never matured beyond high school, but the plot behind the head floating in the Missouri River involves those who move in the highest levels of Nebraska politics and business.

Horan sent out numerous query letters to publishers and literary agents and received "an equally large batch of rejection letters."

"I had the same delusion many writers have," Horan said. "I felt that if (a book) has quality at all, it would get attention and sell units." He saved the manuscript on his computer and directed his full attention back to his legal career.

Fall 2009

After three days, doctors reduced the sedation and brought Horan out of the coma. The first thing he remembers is hearing the broadcast of the Nebraska-Iowa State football game. The Huskers fumbled eight times and lost 9-7. Horan's first thought was, "Just put me back in the coma."

In reality, Horan does not remember the game or asking to be spared the Huskers' misery, but he has heard the story from his wife often enough to be able to repeat it. The seizures, which doctors now say were caused by a case of H1N1 that turned into encephalitis, damaged his left hippocampus, the part of the brain that controls his memory. When Horan woke up, he had lost four to seven years of memory and the ability to retain new short-term memories.

"Because my hippocampus is damaged, my 'record button' regularly malfunctions," he said. "I can experience sights, sounds, smells and other sensations but often cannot pull them up for later recollection. It's as if the experiences never happened."

The Horans held on to what one neurologist told them: Sometimes in these cases, the memory will come back in one fell swoop.

They waited.

Horan convalesced at his parents' home while his wife closed on the new house and got the family moved. Horan came home on Halloween, determined to return to work as soon as possible. He worked from home, checking in with co-workers on the cases they were overseeing for him.

Tina Horan knew in the first month that her husband was not going to be able to practice law. She also knew he was stubborn and would have to reach that conclusion on his own.

From November through February, Horan tried to ease back into his old life, but he was no Mike Hanigan. Horan's ability to recall legal information quickly, manage multiple cases and create legal documents without having to look up every detail was gone.

In February, Horan stepped away from his legal practice. He says it felt like being castrated. His wife was feeling her own losses.

"The hardest thing for me was feeling like I had to do it all," she said. "When you are the only one who remembers, everything falls to you. I also couldn't go to the one person I would always talk to or cry with." Stress, she said, can trigger her husband's seizures.

Summer 2011

Tina Horan has taken a full-time job, and Horan has become a stay-at-home dad on disability. He gets to have breakfast regularly with his children, Jordan and Jessica, for the first time in their lives.

About a year ago, Horan's brother, Mark, asked what had happened to that book he wrote. Horan, who had been dabbling in creative pursuits that don't require the acute memory skills of a lawyer, began to share "Heady Waters" with friends and family. He used on-demand publisher Lulu (Lulu.com) to print his book and Facebook to market it. In August, the book was ranked fifth in the Lulu mystery and crime category and climbing.

Horan does something to hone his talent every day. He writes scripts for Gramify, which produces recorded greetings in famous voices. He has performed stand-up comedy, and in July, he fulfilled a dream when he sang a set with local band Strange Medicine. He has a screenplay, also written before his seizures, floating around Hollywood and is in talks with a reality TV show.

Much of his energy is invested in simply navigating a world he used to master. He is on strong doses of three anti-seizure medications but had breakthrough seizures as recently as August. He often can remember experiences for only a few hours, so he takes copious notes and reviews them often.

The Horans are sometimes frustrated by reactions to his invisible disability.

"Everyone thinks they have a bad memory, so this is no big deal," Tina Horan said. And yes, they laugh when Horan forgets they've already seen a movie or been to a restaurant he has no recollection of, but this is not simple forgetfulness.

"We were on vacation, and he walked into the rental house and came out, and I asked him about one of the rooms. He didn't even know he'd just been in there."

Without giving away the ending of "Heady Waters," Mike Hanigan solves a murder and discovers that maybe he's meant to do more than drink his way through a dull job. Maybe the cocky attorney who lost his way was created to be a lifeline for a young lawyer who lost his memory.

Cindy Conger is a freelance writer in Lincoln.

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNFt4hkCJ0pGuDskHQrM9Gw6QE1dLQ&url=http://journalstar.com/lifestyles/misc/article_e678fd17-8ea2-58f2-8161-8552838c5e5e.html

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