Court won't reinstate church official's conviction

Legal Insight 2016/07/28 10:31   Bookmark and Share
The first U.S. church official convicted over his handling of priest-abuse complaints could soon leave prison after the Pennsylvania Supreme Court agreed Tuesday that his conviction was flawed.

Monsignor William Lynn, who served two cardinals at the Roman Catholic Archdiocese of Philadelphia, has been imprisoned for almost three years for child endangerment.

But the high court Tuesday declined to reinstate his 2012 conviction. A lower appeals court had found the trial judge allowed too much indirect testimony from other church-abuse victims.

Defense lawyer Tom Bergstrom will ask that his client be released this week. Lynn, 65, has nearly served the minimum of his three- to six-year term.

"He was in the middle of this thing, by direction of the cardinal," Bergstrom said. "He was thrown into this melting pot of awfulness, without a whole lot of experience (and) without a whole lot of education. ... And he did his best."

Prosecutors after two grand jury investigations found that Lynn played a key role helping the archdiocese transfer known pedophile-priests through his job as secretary for clergy from 1992 to 2004.

The trial revealed that his bosses kept a half century of abuse complaints in secret, locked files under Lynn's control and that he reviewed them to compile lists of suspected pedophiles.

Lynn was charged, though, with enabling the abuse of a single, 10-year-old altar boy by a priest transferred to the parish despite other complaints.

Common Pleas Judge M. Teresa Sarmina, in sentencing Lynn, said he had "enabled monsters in clerical garb ... to destroy the souls of children."

Lynn's novel case has reached the state Supreme Court twice, and he has been in and out of prison amid several rounds of appeals.

Prosecutors could ask to retry the case. A spokesman for District Attorney Seth Williams said the office would review its options.

Lynn, during several grueling days on the stand, said he tried his best but "my best was not good enough."

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Philippine court clears Arroyo of plunder, orders her freed

Legal Insight 2016/07/18 10:33   Bookmark and Share
The Philippine Supreme Court on Tuesday dismissed a plunder case against former President Gloria Macapagal Arroyo and ordered her freed immediately after nearly five years of hospital detention — a decision the grateful ex-leader indicated can help her deal with those who "through self-serving interpretation and implementation of the law" made her suffer.

The 15 justices voted 11-4 to grant Arroyo's petition seeking to dismiss the case before the special anti-graft Sandiganbayan court because of insufficient evidence, Supreme Court spokesman Theodore Te said. The case involved the alleged misuse of 366 million pesos ($7.8 million) from the state lottery agency, the Philippine Charity Sweepstakes Office.

Arroyo thanked the court "for finally stopping the persecution I had unjustly gone through the last five years" and President Rodrigo Duterte "for allowing due process to take its course."

She released a statement while still detained in the hospital, with the serving of the court's order for an immediate release apparently delayed by paperwork.

"It is my fervent hope that nobody else will suffer the persecution that had been levied on me through self-serving interpretation and implementation of the law," she said. "And that the disregard for truth for which I was made to suffer be dealt with accordingly at the soonest possible time."

Arroyo was detained under former President Benigno Aquino III, who accused her of corruption and misrule. Aquino's successor, Duterte, however, has said the plunder case against her was weak. She rejected his offer of a pardon because it would require that she be first convicted, preferring to fight the allegation.

Aquino has not commented on the court decision. But his former justice secretary and now Senator Leila de Lima said the Supreme Court seems to have assumed a role as a "trier of facts" in the case, supplanting the anti-graft court's assessment when it declared there was insufficient evidence of guilt.

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Kyrgyzstan sends case of jailed journalist back to court

Legal Insight 2016/07/12 13:36   Bookmark and Share
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.
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El Salvador court takes up case on ex-president's finances

Legal Insight 2016/05/10 10:47   Bookmark and Share
A court in El Salvador has agreed to consider a civil case against former President Mauricio Funes, his wife and one of his sons for possible illicit enrichment.

The San Salvador court press office said Saturday that several government institutions have been ordered to hand over information related to the family's finances, properties and businesses.

Under scrutiny is some $728,000 in unexplained income and expenditures. Funes has 20 days to respond to present evidence in his defense.

The former president has criticized the allegations in the past. He said some of the Supreme Court justices who voted to order the lower court to open the case in February had previously attacked his government while sitting on the Constitutional Court.
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Supreme Court to swear in large group of deaf lawyers

Legal Insight 2016/04/15 01:19   Bookmark and Share
Mobile phones ordinarily are strictly forbidden in the marble courtroom of the nation's highest court, but the justices are making an exception next week when roughly a dozen deaf and hard-of-hearing lawyers will be admitted to the Supreme Court bar.

The lawyers will use their phones to see a real-time transcript as they take part in an April 19 swearing-in ceremony featuring the largest group of hearing-impaired attorneys ever admitted at one time to practice before the high court.

Advocates for deaf lawyers say they hope the event will encourage others with disabilities to pursue legal careers.

"We wanted to do an event that would help break down stereotypes and demonstrate clearly that deaf and hard-of-hearing individuals can achieve anything they set their minds to," said Anat Maytal, a New York lawyer and president of the Deaf and Hard of Hearing Bar Association.

Nearly 4,000 lawyers join the Supreme Court bar each year, though the vast majority will never actually represent a client there. Membership requires a $200 fee, membership in a state bar for three years and sponsorship by two current Supreme Court bar members.
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Clinton: Americans should put Court nomination at forefront

Legal Insight 2016/03/28 12:05   Bookmark and Share
Hillary Clinton wants voters to consider what Republican front-runner Donald Trump might do to shape the Supreme Court.

Clinton planned to use in a speech in Madison, Wisconsin, on Monday to argue that Trump could roll back the rights of individuals, further empower corporations and undo some of the nation's progress.

Clinton was campaigning in Wisconsin ahead of the state's April 5 primary and speaking Monday at the University of Wisconsin about President Barack Obama's nomination of Judge Merrick Garland.

Clinton holds a large lead among delegates against Democratic rival Bernie Sanders but is trying to stamp out the Vermont senator's momentum following his victories in five of the last six states holding contests.

Clinton's campaign said ahead of the speech that the Democratic presidential candidate would call on Senate Judiciary Chairman Charles Grassley of Iowa to commit to giving Garland a hearing. Grassley and Senate Majority Leader Mitch McConnell, R-Ky., have said that the late Justice Antonin Scalia should not be replaced until the next president picks a nominee.

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