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US Supreme Court blocks Calif. slaughterhouse law
Topics in Legal News | 2012/01/24 09:19
The Supreme Court on Monday overturned a California law that would require euthanizing downed livestock at federally inspected slaughterhouses to keep the meat out of the nation's food system.

California strengthened regulations against slaughtering so-called "downer" animals after the 2008 release of an undercover Humane Society of the United States video showed workers abusing cows at a slaughterhouse.

In a widely expected decision, the high court ruled that the state's 2009 law was blocked from going into effect by federal law administered by the Agriculture Department's Food Safety and Inspection Service.

Federal law "precludes California's effort ... to impose new rules, beyond any the FSIS has chosen to adopt, on what a slaughterhouse must do with a pig that becomes non-ambulatory during the production process," said Justice Elena Kagan, who wrote the court's unanimous opinion.

Under California law, the ban on buying, selling and slaughtering of downer cattle also extended to pigs, sheep and goats.



Details emerge about hatchet, razor attacks in Missouri
Topics in Legal News | 2012/01/09 10:09
Court documents reveal grisly details about the hatchet killing of one woman and the razor attack of another in northwest Missouri, crimes that have been connected to a Platte City man.

Quintin P. O'Dell, a 22-year-old Eagle Scout, is scheduled to be arraigned Monday on charges of first-degree murder, first-degree assault and armed criminal action. Prosecutor Eric Zahnd said the death penalty would be considered in the Platte County Circuit Court case.

O'Dell is jailed in Platte County on a $750,000 cash-only bond. There is no record of him having an attorney, according to the prosecutor's office.

The investigation into the hatchet attack began this spring after the body of Alissa Faye Shippert, 22, was discovered. She had been attacked while fishing in the Platte Falls Conservation Area.

But O'Dell, who had worked with Shippert at a convenience store, wasn't charged in the crime until after he was questioned in the December razor attack. The victim in that incident, a 21-year-old woman, awoke in her Ferrelview apartment the morning after Christmas with her belly slashed open.

Authorities said she was unconscious and on a ventilator for several days after the attack. According to the probable cause statement, she gradually began sharing details with investigators, including that she had spent Christmas night drinking with O'Dell.

According to court documents, O'Dell was interviewed by investigators this past week and told them he called the woman Christmas night and asked if he could "hang out." She agreed and he arrived after 11 p.m. with a six-pack of beer and a bottle of tequila, a detective said in the probable cause statement.


Ill. lawyer wins appeal in NY trial of $2.4B fraud
Topics in Legal News | 2012/01/09 10:08
A Chicago lawyer sentenced to seven years in prison in a $2.4 billion fraud at Refco Inc. is entitled to a new trial because of errors the judge made in dealing with the jury, a federal appeals court said Monday.

The 2nd U.S. Circuit Court of Appeals overturned the conviction of Joseph P. Collins, saying U.S. District Judge Robert P. Patterson erred when he failed to disclose the contents of a jury note and didn't include lawyers when he spoke with a juror accused of trying to barter his vote.

"This sequence of events deprived Collins of his right to be present at every stage of the trial. Because the deprivation was not harmless, we vacate and remand for a new trial," the appeals court wrote.

The lawyer from Winnetka, Ill., was convicted in July 2009 of conspiracy and other charges. Federal sentencing guidelines had called for 85 years in prison.

Refco was once one of the nation's largest independent commodities brokers.

The company in the mid-1990s sustained hundreds of millions of dollars of losses through losing trades and engaged in an elaborate campaign to cover them up, attracting the attention of federal authorities. Refco filed for bankruptcy in 2005, just weeks after going public and soon after revealing that a $430 million debt owed to the company by a firm controlled by former Refco CEO Phillip Bennett had been concealed.


Court upholds charges in 'co-sleeping' baby death
Topics in Legal News | 2012/01/08 10:09
The Utah Court of Appeals has refused to dismiss charges against a couple accused of killing their baby in 2006 by sleeping with him — their second child to die in bed with them.

The appeals judges sided with a lower court in a pair of opinions released Friday concerning the death of 3-month-old Kayson Merrill. The infant died while in bed between his father, Trevor Merrill, and mother, Echo Nielsen, both 28, of South Jordan.

The judges said that while a state medical examiner listed the official cause of death as "undetermined," there was enough evidence that "co-sleeping" caused the baby to suffocate to put the parents on trial.

The parents, whose first child also died while sleeping with them in 2003, have been charged with child-abuse homicide and reckless endangerment. They have pleaded not guilty.

Defense attorneys argued there wasn't enough certainty to go to trial after the medical examiner also cited illness and low birth weight in his report.


Court papers: NYC officer shooting suspect sorry
Topics in Legal News | 2012/01/04 09:38
The man charged with murder in the shooting death of a police officer during a botched break-in apologized and said he didn't mean to fire the gun, according to court papers released Wednesday.

Lamont Pride, 27, and four others have pleaded not guilty in the death of Officer Peter Figoski, who was shot once in the face Dec. 12 as he tried to enter the basement apartment, the scene of a reported burglary. While Pride was being driven in a police car to central booking, he told police he was sorry, according to the papers.

"I didn't mean for this to happen," he said. "I didn't want to kill a cop. It went wrong and I'm sorry. I can't take it back," he said, according to the papers.

Through the stack of messy, hand-written statements gleaned from investigators, the plot emerges as a badly-conceived attempt to rob a drug dealer. Authorities said Pride and the others hatched the plot the day before to rob the apartment. Michael Velez, 21, stayed in the getaway car as the four others went in to the dingy, barely finished apartment at 25 Pine St. Ariel Tejada, 22, and Nelson Morales, 27, pistol-whipped the tenant and beat him while they ransacked the place, authorities charged.


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