Judge Rejects Murtha Deposition Request

Court News 2008/03/06 03:01   Bookmark and Share
Attorneys for a Marine officer facing court-martial on charges he mishandled the aftermath of the deaths of 24 Iraqis may not force a Pennsylvania congressman to testify in the case, a military judge ruled.

Attorneys for Lt. Col. Jeffrey R. Chessani want to question Rep. John Murtha over his public statement that the Marines killed "in cold blood" during the attack in Haditha. Murtha said he had been briefed by the highest levels of the military about the case and that officers covered it up.

Chessani's attorneys, who released the ruling Wednesday, said they will appeal if the judge doesn't reconsider.

Chessani is the highest-ranking U.S. serviceman to face a combat-related court-martial since the Vietnam War.

"When the congressman said he was briefed by the highest levels, we need to know who they are," said Brian Rooney, Chessani's civilian defense attorney.

Rooney said Murtha's deposition would "confirm what he said to the press is accurate."

Murtha's spokesman, Matthew Mazonkey, said the congressman had no comment. A telephone call to a Marine Corps spokesman was not immediately returned.

Chessani has been charged with dereliction of duty and violation of a lawful order on allegations that he mishandled the aftermath of the Nov. 19, 2005, shooting deaths in Haditha.

He faces court-martial on April 28. If convicted on all counts, he faces up to three years in prison.

Four enlisted Marines were initially charged with murder in the case and four officers were charged with failing to investigate the deaths. Charges against several of the men have been dropped, and none will face murder charges.

top

Former Judge Z. Mae Jimison dies

Attorney News 2008/03/05 14:20   Bookmark and Share

Z. Mae Jimison, the first black woman to serve as a judge on the Marion Superior Court, died today. She was 64.
 
Jimison was an appointed judge from 1988 to 1990. She was on the City-County Council from 1992-95 and ran as a Democratic candidate for mayor in 1995, losing to Republican Stephen Goldsmith.

Jimison was elected to the bench in 1996, but lost her bid for reelection six years later. Her office had become known for missing records and mistakes. At one point, then-Prosecutor Scott Newman said her court had run “off the rails.”

Jimison is credited with creating the Marion County Drug Court.

Marion Superior Judge Cynthia Ayers today paid tribute to Jimison.

“As the first black woman appointed to the Superior Court of Marion County, she crossed a historic barrier and opened doors for other qualified women to become part of the judiciary in this state,” Ayers said in a statement.

“Her insistence on fairness and impartiality for all litigants, her dedication to justice, and her exemplary service to the court will long be remembered by all.”

Jimison was hopeful as she prepared to leave office in 2002.

“I always believe I should let God order my steps,” she said in a Star interview.

“I also believe that when he closes a door, he always opens a window. I am looking for my windows.”

top

District judge given probation in gun incident

Court News 2008/03/05 14:19   Bookmark and Share

A former district judge pleaded no contest yesterday to carrying a concealed firearm without a license following an altercation with his father-in-law.

Senior District Judge Donald H. Presutti, 60, of Kilbuck, was given nine months' probation for the misdemeanor violation. Allegheny County Judge Randal B. Todd ordered him to complete 120 hours of community service and anger management classes. The judge also prohibited him from contact with his father-in-law.

Raymond Billotte, district court administrator for Common Pleas Court, said Mr. Presutti is not currently on call for arraignment judges' roster. He said President Judge Joseph James would be seeking counsel from the Administrative Office of Pennsylvania Courts as to how to proceed with Mr. Presutti's status since his plea.

The former judge admitted to police he had a 9 mm pistol tucked in his suit pocket when he was arrested Nov. 29, 2006, at West View Auto Body on Perry Highway.

He told officials he had the gun loaded, cocked and concealed because he was afraid of his father-in-law, Earl Quillen, whom he said had swung at him and grabbed him by the neck earlier at the auto body shop.

top

Judge at Rezko Trial Keeps Jurors Secret

Headline Legal News 2008/03/05 14:16   Bookmark and Share
The judge in the corruption trial of a prolific fundraiser for Illinois Sen. Barack Obama and Gov. Rod Blagojevich (blah-GOY'-uh-vich) says she's keeping the identities of jurors secret.

Twelve jurors and six alternates are to hear opening statements Thursday in Antoin "Tony" Rezko's trial.

U.S. District Judge Amy J. St. Eve says she's not releasing the jurors' names or numbers. She has left the door open to releasing some information later.

The 52-year-old Rezko is accused of shaking down companies hoping to invest teachers' pension money or build hospital expansions. He denies wrongdoing.

Rezko has raised hundreds of thousands of dollars for Blagojevich and sizable amounts for Obama. Neither politician has been charged with anything.

top

US Judge Awards $37M in Peru Massacre

Headline Legal News 2008/03/05 13:43   Bookmark and Share
A federal judge has ordered a former Peruvian army officer to pay $37 million for his role in a 1985 massacre in Peru in which 69 civilians were slain, including elderly people and infants.

U.S. District Judge Adalberto Jordan ruled Tuesday in a lawsuit filed against former Maj. Telmo Hurtado by two women — Ochoa Lizarbe and Pulido Baldeon — who were 12 at the time and survived the attack.

Jordan had previously found in the lawsuit that Hurtado was had committed torture, war crimes and crimes against humanity.

Hurtado, 46, is in federal custody in Miami while fighting deportation to Peru, with a hearing set for March 26. He did not contest the lawsuit, did not have a lawyer and refused to testify last month when he was brought to court for a hearing on damages.

Jordan said the money can be awarded under a 1991 U.S. law allowing torture victims to collect damages in this country for violations if a foreign government refuses to do so. Neither woman has received any compensation from Peru's government.

top

Alston & Bird LLP Forms Subprime Taskforce

Legal Marketing 2008/03/05 12:57   Bookmark and Share
The national law firm of Alston & Bird LLP announced today that it has formed a multidisciplinary taskforce of 50 partners to assist clients in the U.S. with issues arising from the current credit crunch.

The subprime taskforce is comprised of attorneys from across the firm who specialize in financial litigation, securitization, class actions, finance, insurance coverage disputes, real estate, bankruptcy, workouts, structured products, retirement plans, banking regulation and derivatives. The group is chaired by Brian Cox, a finance partner in the firm's Charlotte office, and John Latham, a securities litigation partner in the Atlanta office. Contacts in the New York office are Gary Roth, a partner in the financial services group, and Michael Johnson, a litigation partner.

About Alston & Bird
With more than 800 attorneys, Alston & Bird is a leading national AmLaw 100 firm. The core practice areas of the firm are complex commercial litigation, corporate, tax and intellectual property, with national industry focuses in energy, financial services, health care, and public policy. The firm has been highly recognized for its workplace environment, having been ranked on Fortune’s “100 Best Companies to Work For” for the past nine years, including four rankings in the top ten.

For more information on Alston & Bird please visit www.alston.com.
top









Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Best Law Firm Website Design Attorney Website Design That Works