Brazilian court revives case against Olympian Ryan Lochte

Court News 2017/10/28 19:01   Bookmark and Share
Over the summer, it appeared Ryan Lochte had been cleared of criminal charges in Brazil after he was accused of fabricating a story about getting robbed at gunpoint in Rio de Janeiro during the 2016 Olympics. On Friday, a decision made by an appeals court that originally ruled the case should be dismissed was reversed, according to USA Today, which cited Brazilian newspaper O Globo. The ruling came after Rio's prosecutor's office filed its own appeal.

"I'm disappointed that they're trying to take another shot at it," Lochte's attorney Jeff Ostrow told USA Today. "I think they should just let it die because they lost and because he didn't do anything wrong. But for whatever reason, they want to try to save face and continue this charade, let them do what they gotta do and we'll continue to fight it because we believe we're right."

Ostrow said he will now attempt to halt further proceedings by filing his own legal motion. If the case continues, Lochte could once again be facing a sentence of one to six months in jail should he be convicted of a misdemeanor offense of fabrication, although he would be unlikely to serve it. The reason, according to CNBC, is that Lochte would need to be extradited to Brazil, which would require U.S. cooperation. Under agreed upon terms with Brazil, extradition only applies in the case of more serious offenses, such as murder or rape.

Lochte's alleged offense was making up a tale inspired by a confrontation between him and three other U.S. swimmers and security at a gas station. After the incident, Lochte embarked on a media tour telling the world he was robbed at gunpoint by criminals posing as Rio police. With Rio authorities trying to downplay the city's crime rate, however, Lochte's allegations sparked an investigation. Eventually security camera footage revealed Lochte's story was untrue.
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Indonesia court upholds seizure of illegal fishing vessel

Legal Insight 2017/10/27 09:01   Bookmark and Share
Indonesia says it has won a two-year court battle that confirms the legality of the government's seizure of a Thai vessel linked to human trafficking and illegal fishing in Indonesian waters.

Minister of Fisheries and Maritime Affairs Susi Pudjiastuti said the "monumental" ruling from a court in Aceh province shows that governments can win in the fight against cross-border crime.

Pudjiastuti said in a statement this week that the ministry plans to make the refrigerated cargo ship Silver Sea 2 part of a museum to teach the public about illegal fishing.

The ship was seized by Indonesia's navy in August 2015 amid a crackdown on illegal fishing and after an Associated Press investigation showed its links to human trafficking in the fishing industry.

Several months before its capture, the ship and Thai fishing trawlers had abruptly left an island in remote eastern Indonesia, where the Thai fishing industry held trafficked crew members captive, to escape a government crackdown on illegal fishing.

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Court gives government a win in young immigrants' cases

Topics in Legal News 2017/10/26 12:34   Bookmark and Share
A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.

The 2nd U.S. Circuit Court of Appeals in Manhattan directed Brooklyn judges to expeditiously decide if a court can properly review the decision to end in March the Deferred Action for Childhood Arrivals program, or DACA. The government insists it cannot.

Activists are suing the government in New York, California, the District of Columbia and Maryland. DACA has protected about 800,000 people, many of them currently in college, who were brought to the U.S. illegally as children or came with families that overstayed visas.

A three-judge 2nd Circuit panel issued a brief order after hearing oral arguments. It said the government will not have to continue to produce documents or submit to depositions before the lower court decides whether the cases can proceed. It also said it will only decide the issue of whether to order the lower court to limit document production once those issues are addressed.

Attorney Michael Wishnie, who argued for plaintiffs suing the government, praised the appeals court for having "moved swiftly to address the government filings in this case."

And he noted that a Brooklyn judge gave the government until Friday to submit written arguments on the legal issues the appeals court said must be resolved before the case proceeds. The plaintiffs must submit their arguments by Nov. 1.

Earlier Tuesday, Deputy Assistant Attorney General Hashim M. Mooppan told the appeals court panel the government planned to ask the Brooklyn federal court by early next week to dismiss the lawsuits.

He said lawyers fighting the government were engaging in a "massive fishing expedition" for documents and testimony that would reveal the deliberative processes at the highest levels of the Department of Homeland Security and the Justice Department. He called it "wholly improper."

Mooppan seemed to get a sympathetic ear from appeals judges, with one of them saying the government's opponents seemed to be pursuing "a disguised application under the Freedom of Information Act."

"There are a lot of different ways this is very wrong, your honor. That might be one of them," Mooppan said.
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Washington Supreme Court to hear education funding case

Legal Insight 2017/10/26 12:34   Bookmark and Share
The Washington state Supreme Court is set to hear argument on whether the state has met its constitutional requirement to fully fund K-12 education.

Tuesday morning's hearing is on whether the state should still be held in contempt for lack of progress on satisfying a 2012 ruling that found that school funding was not adequate. Lawmakers needed a funded plan in place this year ahead of a Sept. 1, 2018 deadline the court had set.

The plan approved and signed by Gov. Jay Inslee earlier this year relies largely on an increase to the statewide property tax that starts next year. The tax increases from $1.89 to $2.70 per $1,000 of assessed value, with the increase earmarked for education. The plan — which keeps in place local property tax levies but caps them beginning in 2019 at a lower level— will ultimately raise property taxes for some districts and lower them in others.
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Court says man deserves new trial because jurors slept

Legal Insight 2017/10/25 19:02   Bookmark and Share
The highest court in Massachusetts says a man convicted of involuntary manslaughter should get a new trial because two jurors at his original trial slept during testimony.

The Supreme Judicial Court said Thursday the judge in the 2011 trial of Anthony Villalobos erred by failing to question the jurors about what they had missed while napping.

Villalobos was one of a dozen men charged in what was called the "tuxedo killing." The suspects, some wearing black tuxedos with red vests, went to a Boston club in August 2009 after attending a funeral and got into a fight with another group outside. Jose Alicea died of injuries sustained in the fight.

Prosecutors called Thursday's decision "disappointing and frustrating" but have not yet decided whether to retry. Villalobos has already been released from prison.
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Burundi becomes 1st to leave International Criminal Court

Court Watch 2017/10/23 19:02   Bookmark and Share
Burundi has become the first country to withdraw from the International Criminal Court, but officials say the court's prosecutor will move ahead with an examination of the East African nation's deadly political turmoil.

An ICC spokesman confirmed that the pullout took effect Friday, a year after Burundi notified the United Nations secretary-general of its intention to leave the court that prosecutes the world's worst atrocities.

Burundi is the only one of three African nations to go ahead with withdrawal after they made moves last year to leave amid accusations that the court focuses too much on the continent. South Africa's withdrawal was revoked in March. Gambia's new government reversed its withdrawal in February.

On Friday, Burundi's justice minister called the ICC withdrawal "a great achievement" in reinforcing the country's independence. Aimee Laurentine Kanyana also called on police and prosecutors to respect human rights so that "white people" won't have "false proofs to rely on in accusing Burundi."

Burundi's withdrawal doesn't affect the preliminary examination of the country's situation already underway by the court's prosecutor, ICC spokesman Fadi El Abdallah told The Associated Press. That examination began in April 2016.

Burundi has faced deadly political turmoil since April 2015, when President Pierre Nkurunziza announced plans to seek a disputed third term that he ultimately won.
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