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Bill Cosby's day of reckoning arrives in court
Court News |
2018/09/28 03:20
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The woman Bill Cosby was convicted of drugging and sexually assaulting said in a statement released at the comedian's sentencing Tuesday that she has had to cope with years of anxiety and self-doubt that have left her "stuck in a holding pattern."
Andrea Constand, 45, said her training as a professional basketball player had led her to think she could handle anything, but "life as I knew it" ended on the night in 2004 that Cosby knocked her out with pills and violated her.
The statement was released as Judge Steven O'Neill weighed Cosby's punishment and whether to declare the 81-year-old TV star a "sexually violent predator," a legal scarlet letter that would subject the comedian to monthly counseling for the rest of his life and would require that neighbors, schools and day care center be notified of his whereabouts.
The comic once known as America's Dad faced anywhere from probation to 10 years in prison after being convicted in April in the first celebrity trial of the #MeToo era.
Prosecutors asked a judge to give Cosby five to 10 years behind bars, while his lawyers asked for house arrest, saying the former TV star is too old and helpless to do time in prison.
Constand said she now lives alone with her two dogs and has trouble trusting people.
"When the sexual assault happened, I was a young woman brimming with confidence and looking forward to a future bright with possibilities," she wrote in her five-page statement. |
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Nevada high court says execution doctor's name stays secret
Court News |
2018/09/11 12:14
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The name of the physician picked to attend a state inmate's execution can remain secret, even from drug makers suing to ban the use of their products in the twice-postponed lethal injection, the Nevada Supreme Court ruled Monday.
In a twist, lawyers for three pharmaceutical companies who won the right to obtain the name last week — and had promised to sue the doctor once they got it — told a judge in Las Vegas that they welcomed Monday's high court order.
Attorney Todd Bice, representing drug firm Alvogen, told Clark County District Court Judge Elizabeth Gonzalez the high court decision to protect the doctor's identity, coupled with a recent sworn statement from Nevada prisons chief James Dzurenda, bolsters companies' arguments that their business would be hurt if their drugs are used.
"We aren't going to get into the identity of the doctor. We do intend to argue strongly that having your name associated with capital punishment is harmful to reputations," Bice said. "The director testified that it would be ruinous of the doctor's reputation."
Gonzalez had ruled last week that drug companies could learn the name, but it would not be disclosed to the public. |
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India’s Supreme Court strikes down law that punished gay sex
Court News |
2018/09/08 12:18
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India’s Supreme Court on Thursday struck down a colonial-era law that made gay sex punishable by up to 10 years in prison, a landmark victory for gay rights that one judge said would “pave the way for a better future.”
The 1861 law, a relic of Victorian England that hung on long after the end of British colonialism, was a weapon used to discriminate against India’s gay community, the judges ruled in a unanimous decision.
“Constitutional morality cannot be martyred at the altar of social morality,” Chief Justice Dipak Misra said, reading the verdict. “Social morality cannot be used to violate the fundamental rights of even a single individual.”
As the news spread, the streets outside the courthouse erupted in cheers as opponents of the law danced and waved flags.
“We feel as equal citizens now,” said activist Shashi Bhushan. “What happens in our bedroom is left to us.”
In its ruling, the court said sexual orientation was a “biological phenomenon” and that discrimination on that basis violated fundamental rights.
“We cannot change history but can pave a way for a better future,” said Justice D.Y. Chandrachud.
The law known as Section 377 held that intercourse between members of the same sex was against the order of nature. The five petitioners who challenged the law said it was discriminatory and led to gays living in fear of harassment and persecution.
Jessica Stern, the executive director of the New York-based rights group OutRight Action International, said the original law had reverberated far beyond India, including in countries where gay people still struggle for acceptance.
“The sodomy law that became the model everywhere, from Uganda to Singapore to the U.K. itself, premiered in India, becoming the confusing and dehumanizing standard replicated around the world,” she said in a statement, saying “today’s historic outcome will reverberate across India and the world.”
The court’s ruling struck down the law’s sections on consensual gay sex, but let stand segments that deal with such issues as bestiality. |
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West Virginia House speaker resigns to run for Supreme Court
Court News |
2018/08/25 10:39
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West Virginia's Republican House speaker resigned Tuesday to run for a vacancy on the state Supreme Court, fueling accusations by Democrats that an unprecedented move to impeach state Supreme Court justices represents a power grab by GOP lawmakers.
Speaker Tim Armstead disclosed his plans on Twitter. Though the secretary of state's office has said he's not required to resign, Armstead said he was doing so to make sure his candidacy is above question.
House lawmakers recently impeached four of the court's five justices, prompting one to resign. All four were ordered Tuesday to appear in the Senate on Sept. 11 to answer accusations against them. The impeachment probe was sparked by questions involving more than $3 million in renovations to the justices' offices and expanded to broader accusations of corruption, incompetence and neglect of duty.
Armstead had recused himself from the House debate over impeachment because he had previously expressed interest in serving on the court. More recently, he and U.S. Rep. Evan Jenkins, a Republican who is not seeking re-election and lost in his bid for the U.S. Senate this spring, both applied to be considered for temporary appointments to the Supreme Court by Gov. Jim Justice. Those appointments would last until the November election is certified.
Jenkins has declared himself a candidate for a different seat on the court in the November election, which is officially nonpartisan. |
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Trump lashes out at his former lawyer after guilty plea
Court News |
2018/08/24 10:39
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Facing a growing threat to his presidency, President Donald Trump lashed at his former personal lawyer Michael Cohen, a day after the onetime "fixer" implicated Trump in a campaign cover-up to buy the silence of women who said they had sexual relationships with him.
Trump on Wednesday accused Cohen of making up "stories in order to get a 'deal'" from federal prosecutors. Cohen pleaded guilty to campaign finance violations that the lawyer said he carried out in coordination with Trump.
"If anyone is looking for a good lawyer, I would strongly suggest that you don't retain the services of Michael Cohen!" Trump tweeted Wednesday.
Cohen's lawyer, Lanny Davis, said Wednesday that Cohen has information "that would be of interest" to the special counsel. Davis said Cohen is not looking for a presidential pardon.
"My observation is that the topics relating to hacking and the crime of hacking ... that there are subjects that Michael Cohen could address that would be of interest to the special counsel," Davis said in a series of television interviews.
Trump soon weighed in on Twitter, taking his shot at Cohen and praising Manafort, saying he has "such respect for a brave man!"
Manafort, Trump wrote, had "tremendous pressure on him and, unlike Michael Cohen, he refused to 'break.'"
But there was no doubt that Cohen's acknowledgement of a coordinated payoff scheme puts Trump's presidency on the defensive.
"It's going to be hard for the president to try to discredit all this. It's circling him," said David Weinstein, a former federal prosecutor who is not involved in the case.
Cohen and Manafort played prominent roles in Trump's political rise in 2016.
Cohen said once he'd take a bullet for Trump, and was intimately familiar with Trump's personal, business and political dealing for more than a decade. Cohen released a secretly recorded audio of Trump discussing a payout made via a third party to model Karen McDougal who says she had a sexual relationship with Trump in 2006. |
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