Tuesday, August 15, 2017

Myanmar court grants bail for editor in defamation case

A court in Myanmar granted bail Friday to a newspaper editor who is being tried under a controversial defamation statute in a telecommunications law. Kyaw Min Swe, chief editor of The Voice Daily, was arrested in June for publishing online a satirical article that allegedly mocked the efforts of the military to reach a peace agreement with ethnic minority groups. His previous requests for bail had been rejected, but during his ninth appearance in court, the judge granted his release on bail of 10 million kyats ($7,000). He was charged under Article 66(D) of the Telecommunications Law, which broadly defines defamation and carries a penalty of up to three years' imprisonment. Rights groups decry the article as a restriction on freedom of expression, but the country's parliament this week turned down a bid to drop the article and decriminalize the offense. One of the newspaper's columnists, Kyaw Zwa Naing, was also arrested on June 2 under Article 66(D), but the charge against him was dropped last month.

Monday, June 19, 2017

Michelle Carter text suicide trial verdict: Guilty

A young Massachusetts woman accused of sending her boyfriend dozens of text messages urging him to kill himself when they were teenagers was found guilty of involuntary manslaughter Friday. Michelle Carter was charged in the death of Conrad Roy III. Carter, then 17, cajoled Roy to kill himself in July 2014 with a series of texts and phone calls, prosecutors alleged. Roy died when his pickup truck filled with carbon monoxide in a store parking lot in Fairhaven. After he exited the truck, Carter told him to "get back in," prosecutors said. Prosecutors allege Carter pushed Roy to commit suicide because she was desperate for attention and sympathy from classmates, reports CBS Boston, and wanted to play the role of a grieving girlfriend. Carter's lawyer, Joseph Cataldo, said Roy was intent on killing himself and took Carter along on his "sad journey." Carter waived her right to a jury trial, so Juvenile Court Judge Lawrence Moniz decided the case. He began deliberating late Tuesday after closing arguments concluded and read his verdict Friday morning. While Roy took "significant actions of his own" to take his own life, Carter's instruction to get back in the truck constituted wanton and reckless conduct, the judge said. Even though she knew he was in the truck, she didn't take action to help him by calling the police or his family, Moniz said. "She called no one and finally she did not issue a simple additional instruction -- get out of the truck," Moniz said. Carter cried as the judge read his verdict and sobs broke out in the courtroom. The judge set sentencing for Aug. 3. He ruled that Carter, now 20, can remain free on bail but ordered her not to make any contact with Roy's family and not to leave the state. She faces a sentence of probation to 20 years in prison.

After jury deadlocks, Bill Cosby faces 2nd sex assault trial

Bill Cosby, the comedian and actor once known as "America's Dad" for his TV role as paternal Dr. Cliff Huxtable, avoided a conviction on Father's Day weekend as a jury declared itself hopelessly deadlocked on charges he drugged and molested a woman more than a decade ago. Prosecutors found themselves back to square one Saturday after the judge declared a mistrial following more than 52 hours of deliberations over six days. Excoriated by the defense for charging Cosby in the first place, District Attorney Kevin Steele vowed to put him on trial a second time, saying accuser Andrea Constand supported the decision. "She has shown such courage through this, and we are in awe of what she has done," Steele said. "She's entitled to a verdict in this case." Cosby's team declared victory, however temporary. By sowing doubt among one or more jurors, Cosby's lawyers managed to overcome two years of unrelenting bad publicity for their client after the public release of his damaging testimony about drugs and sex, as well as a barrage of accusations from 60 women who came forward to accuse him of sexual assault. Constand told jurors Cosby gave her pills that made her woozy and then penetrated her with his fingers as she lay paralyzed on a couch, unable to tell him to stop. The 2004 encounter at Cosby's suburban Philadelphia estate was the only one to result in criminal charges. Constand is ready to go to trial again, said her lawyer, Dolores Troiani. "She's a very spiritual woman, she believes things happen for a purpose, and I think the purpose is ... it should encourage other women to come forward and have their day in court." Troiani acknowledged the difficulty of the case, given the passage of time and the impact of the alleged drugging on Constand's ability to recall details. The jury failed to reach a unanimous decision on any of the three counts against the comedian, ending the trial without a verdict. Cosby's team immediately went on the attack. The entertainer's wife of 53 years, Camille, slammed prosecutors for bringing the case to court, calling Steele "heinously and exploitively ambitious" in a statement released after the trial. She also criticized the judge, the accuser's lawyers and the media. "How do I describe the judge? Overtly arrogant, collaborating with the district attorney," said her statement, which was tweeted by her husband and read by an associate of the public relations firm representing Cosby. Cosby himself didn't comment, remaining stoic as the judge declared a mistrial, but Wyatt declared the star's "power is back. It has been restored." That seemed debatable. Cosby's career and good-guy image were already in tatters by the time his chief accuser took the witness stand, and the prosecution's decision to pursue a second trial keeps him in legal limbo.

Wednesday, July 13, 2016

Candidate filing begins Monday for appeals court seat

Another election will be on the November ballot in North Carolina because an appeals court judge recently resigned to take a job in private practice.

The candidate filing period for the seat on the state Court of Appeals vacated by Martha Geer begins at noon Monday at the State Board of Elections and continues until midday Friday.

Every candidate who files will appear on the fall ballot. Since Geer left her seat a couple of months ago, there won't be a primary.

The candidate with the most votes will win an eight-year term on the court, which is comprised of 15 judges who hear intermediate appeals while sitting in panels of three. Candidates already are determined for three other Court of Appeals elections set for November.

Court orders release of detained immigrant kids, not parents

A federal appeals court ruled Wednesday that Homeland Security officials must quickly release immigrant children — but not their parents — from family detention centers after being picked up crossing the border without documentation.

The San Francisco-based 9th Circuit U.S. Court of Appeals said that lengthy detentions of migrant children violated a 19-year-old legal settlement ordering their quick release after processing. Government lawyers had argued that the settlement covered only immigrant children who crossed the border unaccompanied by adult relatives. But the three-judge panel ruled that immigration officials aren't required to release the parents detained along with the children, reversing U.S. District Judge Dolly Gee's ruling last year.

Advocates seeking stricter immigration controls said they hoped the ruling would discourage adults crossing the border illegally from exploiting children as a way to stay out of custody in the United States.

Mark Krikorian, Center for Immigration Studies executive director and an advocate for stricter border controls, said allowing the parents to be released may have encouraged illegal immigration of adults traveling with children.

Court denies hospital's bid to perform brain death test

The Virginia Supreme Court has denied a hospital's request to allow it to immediately perform a test to determine whether a 2-year-old who choked on a piece of popcorn is brain dead.

The court Friday denied a petition from Virginia Commonwealth University Health System, which wants to perform an apnea test on Mirranda Grace Lawson. Mirranda's family has refused to allow it.

The Richmond Circuit Court ruled against the Lawsons last month but allowed them to pay a $30,000 bond barring the hospital from conducting the test while they appeal to the Virginia Supreme Court.

The hospital asked the state Supreme Court to throw out the circuit court's bond order. The Supreme Court didn't explain why it rejected the hospital's petition.

The Lawsons' appeal is due to the state Supreme Court in September.

Kyrgyzstan sends case of jailed journalist back to court

The Supreme Court in the Central Asian nation of Kyrgyzstan on Tuesday refused to release an ethnic Uzbek journalist and activist serving a life sentence after being convicted of stirring up ethnic hatred, but instead sent his case to a regional court for review. International rights groups consider Azimzhan Askarov a prisoner of conscience.

The U.N. Human Rights Committee in April urged Kyrgyzstan to release Askarov, recognizing that he had been arbitrarily detained, tortured and denied his right to a fair trial. This opened the way for a reconsideration of his case, and Kyrgyzstan's Supreme Court began hearings on Monday.

The charges against Askarov relate to ethnic unrest in the south of Kyrgyzstan in 2010 when more than 450 people, mostly ethnic Uzbeks, were killed and tens or even hundreds of thousands were displaced. He is accused of inciting the mob killing of a police officer.

Amnesty International sharply criticized the court's decision on Tuesday to keep 65-year-old Askarov in prison while a lower court reviews his case.

"It's a missed opportunity for Kyrgyzstan to do the right thing by finally releasing a man who should never have been jailed in the first place. Today's decision by the Supreme Court ignores Kyrgyzstan's obligations under international human rights law," Amnesty International senior research director Anna Neistat said in a statement.