Dani Alves found guilty of rape, sentenced to four and a half years in prison

Legal Interview 2024/02/23 15:09   Bookmark and Share
Dani Alves, one of the most successful soccer players of his generation, was found guilty of raping a woman in a Barcelona nightclub and sentenced to four years and six months in prison on Thursday.

The former Brazil and Barcelona right back was convicted in Spain under a new sexual liberty law that emphasizes the lack of consent of the victim as key to determining sex crimes.

A three-judge panel at the Barcelona Provincial Court convicted the 40-year-old Alves of sexual assault for the incident on Dec. 31, 2022.

The court ordered Alves to pay 150,000 euros ($162,000) in compensation to the victim, banned him from approaching the victim’s home or place of work, and from communicating with her by any means for nine years.

“I still believe in the innocence of Mr. Alves,” Inés Guardiola, Alves’ lawyer, said. “I need to study the ruling, but I can tell you that of course we will appeal.”

Guardiola said Alves was “calm and collected” when he heard the verdict in court.

“We are satisfied,” David Sáenz, a member of the victim’s legal team, said, “because this verdict recognizes what we have always known, that the victim told the truth and that she has suffered.”
The victim’s lawyer, Ester García, said on Wednesday she and her client would not be present for the verdict.

The victim said Alves raped her in the bathroom of a Barcelona nightclub on the morning of Dec. 31, 2022. The court considered it proven that the victim did not consent to sex and there was evidence, in addition to the defendant’s testimony, that she was raped.

Alves denied during the three-day trial this month that he raped the woman, testifying to the court “I am not that kind of man.”

State prosecutors had sought a nine-year prison sentence for Alves while the lawyers representing his accuser wanted 12 years. His defense asked for his acquittal, or if found guilty a one-year sentence plus 50,000 euros compensation for the victim.

The sentence of four years and six months is near the lowest sentence for a rape conviction, which when the rape took place was penalized by four to 12 years under Spanish law. That has since been modified to six to 12 years. The court in its sentence said it considered favorably for Alves that he had “before the trial paid the court 150,000 euros to be given to the victim without any conditions attached.”

Sáenz said his legal team did not agree with the application of the extenuating circumstance, saying the money did not compensate the harm done to their client. During the trial, medical experts testified she was suffering from post-traumatic stress.
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The top UN court is set to hear South Africa’s allegation of Israeli genocide in Gaza

Legal Interview 2024/01/12 13:32   Bookmark and Share
A legal battle over whether Israel’s war against Hamas in Gaza amounts to genocide opens Thursday at the United Nations’ top court with preliminary hearings into South Africa’s call for judges to order an immediate suspension of Israel’s military actions. Israel stringently denies the genocide allegation.

The case, that is likely to take years to resolve, strikes at the heart of Israel’s national identity as a Jewish state created in the aftermath of the Nazi genocide in the Holocaust. It also involves South Africa’s identity: Its ruling African National Congress party has long compared Israel’s policies in Gaza and the West Bank to its own history under the apartheid regime of white minority rule, which restricted most Blacks to “homelands” before ending in 1994.

Israel normally considers U.N. and international tribunals unfair and biased. But it is sending a strong legal team to the International Court of Justice to defend its military operation launched in the aftermath of the Oct. 7 attacks by Hamas.

“I think they have come because they want to be exonerated and think they can successfully resist the accusation of genocide,” said Juliette McIntyre, an expert on international law at the University of South Australia.

In a statement after the case was filed, the Palestinian Authority’s foreign ministry urged the court to “immediately take action to protect the Palestinian people and call on Israel, the occupying power, to halt its onslaught against the Palestinian people, in order to ensure an objective legal resolution.”

Two days of preliminary hearings at the International Court of Justice begin with lawyers for South Africa explaining to judges why the country has accused Israel of “acts and omissions” that are “genocidal in character” in the Gaza war and has called for an immediate halt to Israel’s military actions.

Thursday’s opening hearing is focused on South Africa’s request for the court to impose binding interim orders including that Israel halt its military campaign. A decision will likely take weeks.

Israel’s offensive has killed more than 23,200 Palestinians in Gaza, according to the Health Ministry in Hamas-run Gaza. About two-thirds of the dead are women and children, health officials say. The death toll does not distinguish between combatants and civilians.

In the Oct. 7 attack, in which Hamas overwhelmed Israel’s defenses and stormed through several communities, Palestinian militants killed some 1,200 people, mainly civilians. They abducted around 250 others, nearly half of whom have been released.
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Pierce Brosnan accused of trespassing in a Yellowstone thermal area

Legal Interview 2023/12/29 14:07   Bookmark and Share
Pierce Brosnan, whose fictitious movie character James Bond has been in hot water plenty of times, is now facing heat in real life, charged with stepping out of bounds in a thermal area during a recent visit to Yellowstone National Park.

Brosnan walked in an off-limits area at Mammoth Terraces, in the northern part of Yellowstone near the Wyoming-Montana line, on Nov. 1, according to two federal citations issued Tuesday.

Brosnan, 70, is scheduled for a mandatory court appearance on Jan. 23 in the courtroom of the world’s oldest national park. The Associated Press sent a request for comment to his Instagram account Thursday, and email messages to his agent and attorney.

Yellowstone officials declined to comment. Brosnan was in the park on a personal visit and not for film work, the U.S. Attorney’s Office for Wyoming said.

Mammoth Terraces is a scenic spot of mineral-encrusted hot springs bubbling from a hillside. They’re just some of the park’s hundreds of thermal features, which range from spouting geysers to gurgling mud pots, with water at or near the boiling point.

Going out-of-bounds in such areas can be dangerous: Some of the millions of people who visit Yellowstone each year get badly burned by ignoring warnings not to stray off the trail.

Getting caught can bring legal peril too, with jail time, hefty fines and bans from the park handed down to trespassers regularly.

In addition to his four James Bond films, Brosnan starred in the 1980s TV series “Remington Steele” and is known for starring roles in the films “Mrs. Doubtfire” and “The Thomas Crown Affair.”
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Grieving families confront Pittsburgh shooter at death penalty sentencing

Legal Interview 2023/08/04 10:29   Bookmark and Share
Grieving families confronted the Pittsburgh synagogue shooter at his sentencing hearing Thursday, one day after a jury determined that capital punishment was appropriate for the perpetrator of the deadliest attack on Jews in U.S. history.

The hearing at the federal courthouse in Pittsburgh got underway, with some 22 witnesses — survivors of the 2018 massacre and relatives of the 11 people who were fatally shot — expected to deliver victim impact statements.

U.S. District Judge Robert Colville was expected to formally sentence Robert Bowers to death later Thursday.

“Mr. Bowers, you met my beloved husband in the kitchen. Your callous disregard for the person he was repulses me,” testified Peg Durachko, wife of 65-year-old Dr. Richard Gottfried, a dentist who was shot and killed. “Your hateful act took my soulmate from me.”

Mark Simon, whose parents, Bernice and Sylvan Simon, were killed in the attack, testified he still has their bloodied prayer shawl. He said he remains haunted by the 911 call placed by his mother, whom Bowers shot while she was on the line.

“My parents died alone, without any living soul to comfort them or to hold their hand in their last moments,” said Simon, condemning “that defendant” as evil and cowardly and urging the judge to show him no mercy.

“You will never be forgiven. Never,” Simon told Bowers.

Bowers, a 50-year-old truck driver from suburban Baldwin, ranted about Jews online before carrying out the attack at Tree of Life synagogue on Oct. 27, 2018. He told police at the scene that “all these Jews must die” and has since expressed pride in the killings.

Jurors were unanimous in finding that Bowers’ attack was motivated by his hatred of Jews, and that he chose Tree of Life for its location in one of the largest and most historic Jewish communities in the nation so he could “maximize the devastation, amplify the harm of his crimes, and instill fear within the local, national, and international Jewish communities.” They also found that Bowers lacked remorse.

The jury rejected defense claims that Bowers has schizophrenia and that his delusions about Jewish people spurred the attack.

Bowers, who was armed with an AR-15 rifle and other weapons, also shot and wounded seven, including five responding police officers.

He was convicted in June of 63 federal counts, including hate crimes resulting in death and obstruction of the free exercise of religion resulting in death.
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Native American tribes say Supreme Court challenge was never just about foster kids

Legal Interview 2023/06/23 14:31   Bookmark and Share
Native American nations say the Supreme Court’s rejection of a challenge to the Indian Child Welfare Act has reaffirmed their power to withstand threats from state governments.

They say the case conservative groups raised on behalf of four Native American children was a stalking horse for legal arguments that could have broadly weakened tribal and federal authority.

“It’s a big win for all of us, a big win for Indian Country. And it definitely strengthens our sovereignty, strengthens our self-determination, it strengthens that we as a nation can make our own decisions,” Navajo Nation President Buu Nygren said Monday.

In fact, the 7-2 ruling released Thursday hardly touched on the children, who were supposed to be placed with Native foster families under the law. The justices said the white families that have sought to adopt them lack standing to claim racial discrimination, in part because their cases are already resolved, save for one Navajo girl whose case is in Texas court.

Instead, the justices focused on rejecting other arguments aimed at giving states more leverage, including sweeping attacks on the constitutional basis for federal Indian Law.

“This was never a case about children,” Erin Dougherty Lynch, senior staff attorney for the Native American Rights Fund, told The Associated Press. “The opposition was essentially trying to weaken tribes by putting their children in the middle, which is a standard tactic for entities that are seeking to destroy tribes.”

Justice Amy Coney Barrett’s majority opinion said these plaintiffs wrongly claimed that “the State gets to call the shots, unhindered by any federal instruction to the contrary.”

Justice Neil Gorsuch spent 38 pages explaining how up to a third of Native children were taken from their families and placed in white homes or in boarding schools to be assimilated. In response, the 1978 law requires states to notify tribes if a child is or could be enrolled in a federally recognized tribe, and established a system favoring Native American families in foster care and adoption proceedings.
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Delaware Senate confirms two Supreme Court nominees

Legal Interview 2023/05/04 17:24   Bookmark and Share
The state Senate has confirmed Gov. John Carney’s two nominees for the Delaware Supreme Court, including a lawyer tapped by Carney for the high court after he was arrested for drunken driving.

Carney’s nominations of Abigail LeGrow and N. Christopher Griffiths were confirmed Wednesday with no support from Senate Republicans. Despite Griffiths’ DUI arrest in January, GOP lawmakers were primarily outraged that, for the first time in decades, there will be no resident of Kent County on the state’s highest court.

“The governor of this great state threw us under the bus,” said Sen. Eric Buckson, a Kent County Republican.

Senate Minority Whip Brian Pettyjohn of Georgetown described Carney’s decision to forego nominating a justice from central Delaware as “insulting.”

Last week, members of the Democrat-controlled House unanimously passed a bipartisan bill mandating that the five-member Supreme Court include at least one justice from central Kent County, one from southern Sussex County, and two from northern New Castle County. The state Senate declined to take up the bill before voting on Carney’s nominees. Two Dover-area Democratic senators who cosponsored the bill, Trey Paradee and Kyra Hoffner, voted Wednesday to confirm Carney’s picks.

“Judge LeGrow and Chris have the experience, knowledge, and commitment to public service necessary to serve on the Supreme Court,” Carney said in a statement issued after they were confirmed.

Before the Senate vote, Pettyjohn questioned Griffiths during a Senate Executive Committee hearing about the traffic stop that led to his arrest, but Griffiths offered few details.

“The bottom line is this, I had too much to drink, and I should not have drove,” said Griffiths, who said he complied with the trooper who stopped him.

Griffiths, who will be the first black man to serve on the Supreme Court, also indicated that he feared that the trooper, whom he nevertheless described as “a complete gentleman,” might physically abuse him because of his race.

“I’m a black man driving around in lower Delaware at a mostly white beach, and I want to go home to my family,” Griffiths said. “There’s a lot of things in the national news that are burned in our minds and our hearts, and I wanted that officer to know “we’re on the same team.’”

“I have images in my brain from the biases I bring to that situation of, man, I want to make sure I go home tonight. I want to make sure there’s not a knee in my back but that I go home alive,” Griffiths added.

Griffiths pleaded guilty in March to reckless driving that was alcohol-related, an offense he compared to “a simple traffic ticket.” He was fined and ordered to complete an education course for those charged with driving under the influence.

LeGrow and Griffiths replace Tamika R. Montgomery-Reeves, who now sits on a federal appeals court, and Justice James T. Vaughn Jr., a Kent County resident who retired effective this week.

LeGrow has served as Superior Court judge since February 2016. She previously served as a Master in Chancery on the Delaware Court of Chancery. LeGrow received her law degree from the Pennsylvania State University. Griffiths has been a partner at the Wilmington law firm of Connolly Gallagher, which also employs Democratic state Sen. Kyle Evans Gay. He previously was a wealth manager for Wilmington Trust Company and the Vanguard Group. Griffiths, who received his law degree from Villanova University, is the son of Norman Griffiths, a retired DuPont attorney who served 20 years on the Wilmington City Council.
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