Ex-Epstein worker tells jury she ‘looked up’ to Maxwell

A former office worker for financier Jeffrey Epstein testified at the sex abuse trial of Ghislaine Maxwell on Thursday that she worked on a daily basis with Maxwell for six years and had only admiration for her. Cimberly Espinosa, the first defense witness, told a jury she was Maxwell’s assistant at Epstein’s New York City office on Madison Avenue from 1996 to 2002. Maxwell was managing Epstein’s multiple high-end properties at the time, she said, calling it a “huge job.” “I highly respected her,” Espinosa said in federal court in Manhattan. “I looked up to her very much.” The defense case began after the jury heard four women detail accusations that they were teens when they became victims of a sex-abuse scheme devised by Maxwell and Epstein. The British socialite’s attorneys are expected to make their case that Maxwell isn’t the one to blame. The government’s case lasted only two weeks and the defense case could last just two days. Both sides streamlined their witness lists without revealing why, making the trial end well short of an original six-week estimate. The start of the defense case has already sparked the usual speculation about whether the high-profile defendant will take the witness stand in her own defense — a gamble that is almost never taken. Either way, U.S. District Judge Alison Nathan will have to receive direct confirmation from Maxwell about her decision before the defense can rest. Maxwell was once Epstein’s girlfriend before becoming a trusted employee. Witnesses testified the pair exploited them between 1994 to 2004 at Epstein’s homes, including an estate in Palm Beach, Florida; his posh Manhattan townhouse; and a Santa Fe, New Mexico, ranch. The defense has insisted that Maxwell is being made a scapegoat for alleged sex crimes by Epstein, who killed himself in jail in 2019. Her lawyers have sought to show that the accusers exaggerated her involvement at the behest of lawyers seeking payouts for the women from civil claims against the Epstein estate.

Both sides planning for new state-by-state abortion fight

As the Supreme Court court weighs the future of the landmark 1973 Roe v. Wade decision, a resurgent anti-abortion movement is looking to press its advantage in state-by-state battles while abortion-rights supporters prepare to play defense. Both sides seem to be operating on the assumption that a court reshaped by former President Donald Trump will either overturn or seriously weaken Roe. “We have a storm to weather,” said Elizabeth Nash, state policy analyst for the Guttmacher Institute, a research organization that supports abortion rights. “We have to weather the storm so that in the future — five, 10, 15 years from now — we’re talking about how we managed to repeal all these abortion bans.” The institute estimates that as many as 26 states would institute some sort of abortion-access restrictions within a year, if permitted by the court. At least 12 states have “trigger bans” on the books, with restrictions that would kick in automatically if the justices overturn or weaken federal protections on abortion access. The current case before the court, Dobbs v. Jackson Women’s Health Organization, concerns a Mississippi law that bans abortion after 15 weeks of pregnancy. Roe v. Wade, which was reaffirmed in a subsequent 1992 ruling in Planned Parenthood v. Casey, allows states to regulate but not ban abortion up until the point of fetal viability, at roughly 24 weeks.

Federal judge in Mississippi to take Senior Status

A federal judge in Mississippi has decided to take senior status beginning Monday. U.S. District Judge Michael P. Mills told the Northeast Mississippi Daily Journal that he’s making the move after serving two decades on the federal bench. Senior status opens a vacancy on the court for the Northern District of Mississippi and will allow Mills to handle a reduced caseload on the federal court. In his Oct. 13 letter to President Joe Biden, he stated he had attained the age and met the service requirements for that status. Still, he said, he intends to continue to carry a full case load until his replacement is sworn in. “It’s been great,” Mills said.. “I have thoroughly enjoyed working with the other judges, lawyers, and staff and hope to continue to do so.” Mills was nominated by former President George W. Bush to the seat after U.S. District Judge Neal Biggers decided to take senior status. He was confirmed by the U.S. Senate in October 2001. Prior to his service on the federal level, Mills served on the Mississippi Supreme Court, in the state House representing Itawamba and Monroe counties. Longtime friend and attorney Steve Farese told the newspaper that Mills is well versed in the law and applies that knowledge in his decision-making process. “The Northern District of Mississippi has been blessed before and throughout my 44-year career with excellent Article 3 judges,” said Farese. “Judge Mills is certainly of that ilk. A true Renaissance Man, Judge Mills loves literature and the outdoors.” Farese said Mills is empathetic when it’s called for and balances justice with mercy. “His personality and demeanor give all participants a sense of understanding of his procedures,” he said. “I look forward to continuing practicing before him as he takes senior status.” Attorney Rachel Pierce Waide said Mill’s presence in her life as well as on the bench has been a gift. “I’m sad to hear this news. I have known Judge Mills my entire life and his presence both personally and professionally has truly been a gift,” Waide said. “His chief goal in life and on the bench is to be fair and he practices that routinely.”

Judge to review Arizona audit records for possible release

An Arizona judge on Tuesday ordered the state Senate to immediately provide text messages and emails related to the Senate Republicans’ partisan review of the 2020 vote count. Maricopa County Superior Court judge John Hannah said he will review the records and decide whether they must be given to The Arizona Republic, which has requested them under the state’s public records law. The Senate’s GOP leaders say the records don’t have to be publicly disclosed because of legislative privilege, which is meant to promote frank and honest debate among lawmakers. The Republic has good reason to believe that legislative privilege does not apply to at least some of the records, Hannah wrote in a 13-page ruling. Kory Langhofer, a lawyer representing the Senate, said the records were given to the court. The judge’s ruling did not say how long he would take to review them and decide whether they should be given to the newspaper.

Third judge blocks Gov. Lee’s mask opt out in schools

A third federal judge has blocked Tennessee Gov. Bill Lee’s order allowing families to opt out of school mask mandates. The decision, handed down by U.S. District Judge Waverly Crenshaw late Friday, is the latest development in the ongoing legal battle over Lee’s order launched by parents and advocates alarmed over the spike in coronavirus cases in Tennessee’s schools. Lee issued the order in August after a handful of Republican lawmakers demanded the governor call a special session so the GOP-dominant General Assembly could halt mask mandates in schools and other COVID-19 safety measures. Many students have been attending classes without masks ever since as pediatric hospitalizations reached record highs. Crenshaw’s order only applies to Williamson County, an affluent region just south of Nashville. Earlier that day, a separate judge halted Lee’s executive order in Knox County. A week prior, another judge indefinitely banned Lee’s order after families argued the governor’s executive order endangered their children. All three lawsuits claimed that Lee’s order violates the Americans with Disabilities Act, which prohibits the exclusion of students with disabilities from public educational programs and activities. Children with certain disabilities are more vulnerable to serious illness or death if they get COVID-19, the U.S. Centers for Disease Control and Prevention has said. “Based on the record before the court, due to the rise in COVID-19 cases in Williamson County, including at plaintiffs’ schools, along with a significant number of students who have opted out, plaintiffs have likewise been denied access to a safe, in-person education experience,” Crenshaw wrote in his 18-page decision. “Gov. Lee has offered no affidavits, declarations, or any other factual predicate to support his assertion that universal mask mandates would require significant resources,” the judge added. Lee told reporters Friday that he couldn’t talk about the specific litigation but pointed out that there had been multiple lawsuits against mask mandates. “There are very strong opinions on both sides of this. I think that’s why the strategy we took, which allowed districts to provide a requirement but gave parents an opt-out, was a good way forward,” Lee said. “And we still believe that’s the right direction.” Crenshaw’s ruling is in effect until Oct. 5, the same day Lee’s order is set to expire. The governor has not said if he’ll extend it.

Ex-cop’s murder verdict reversed in Australian woman’s death

The Minnesota Supreme Court on Wednesday reversed the third-degree murder conviction of a former Minneapolis police officer who fatally shot an Australian woman in 2017, saying the charge doesn’t fit the circumstances in the case. Mohamed Noor was convicted of third-degree murder and second-degree manslaughter in the death of Justine Ruszczyk Damond, a dual U.S.-Australian citizen who called 911 to report a possible sexual assault behind her home. He was sentenced to 12 1/2 years on the murder count but was not sentenced for manslaughter. The ruling means his murder conviction is overturned and the case will now go back to the district court, where he will be sentenced on the manslaughter count. He has already served more than 28 months of his murder sentence. If sentenced to the presumptive four years for manslaughter, he could be eligible for supervised release around the end of this year. Caitlinrose Fisher, one of the attorneys who worked on Noor’s appeal, said she’s grateful that the Minnesota Supreme Court clarified what constitutes third-degree murder, and she hopes that will lead to greater equity and consistency in charging decisions. “We’ve said from the beginning that this was a tragedy but it wasn’t a murder, and now the Supreme Court agrees and recognizes that,” she said. Messages left Wednesday with the Hennepin County Attorney’s Office, which prosecuted the case, were not immediately returned. The ruling could give former Minneapolis Officer Derek Chauvin grounds to contest his own third-degree murder conviction in George Floyd’s death in May 2020. But that wouldn’t have much impact on Chauvin since he was also convicted of the more serious count of second-degree murder and is serving 22 1/2 years. Experts say it’s unlikely Chauvin would be successful in appealing his second-degree murder conviction.

SC high court rejects capital city’s school mask mandate

South Carolina’s highest court on Thursday tossed out a school mask mandate in the state’s capital city, saying it contradicts a state budget measure aimed at preventing face covering requirements. State Attorney General Alan Wilson had sued the city of Columbia after its City Council passed the ordinance requiring masks at elementary and middle schools. City leaders said the mask requirement, which carries a $100 violation fine, was meant to protect children too young to be approved for the coronavirus vaccine. But Wilson argued the city’s mask rule conflicts with the budget requirement that went into effect July 1 and bans school districts from using appropriated funds to require face coverings. On Thursday, the state Supreme Court sided unanimously with the attorney general. The Columbia ordinance is written so that the burden of enforcing the mask rule falls on school employees, “all of whom have an obvious connection to state-appropriated funds,” wrote Justice John Kittredge. That means school employees have to choose between violating state or city laws, the opinion reads. “The City has made clear that every school employee is in the crosshairs,” Kittredge wrote. “Simply put, whether intentionally or inadvertently, the City threatens all school personnel with far-reaching and unknown legal liability unless all school personnel ensure obedience to the ordinances.” Attorneys for Columbia had argued days prior that city and school authorities could draw from separate pots of money, such as local funds, to enforce mask-wearing. They also claimed the legislature overstepped constitutional boundaries by putting the mask rule — a policy unrelated to state finances — in the budget, which aims to raise and spend money.

West African court to rule on Venezuelan’s extradition to US

A protracted legal battle over the extradition from Cape Verde to the United States of a businessman close to Venezuelan President Nicolas Maduro comes to a head next week when the West African country’s Constitutional Court is due to rule on the case. Alex Saab was arrested when his jet made a refueling stop on the small island chain, formerly a Portuguese colony, on a June 2020 flight to Iran. U.S. officials believe Saab holds numerous secrets about how Maduro, the president’s family and his top aides allegedly siphoned off millions of dollars in government contracts amid widespread hunger in oil-rich Venezuela. Saab is fighting extradition. His lawyers argue that he has diplomatic immunity because he was acting as a special envoy for Venezuela when he was detained in Cape Verde. Jose Pinto Monteiro, Saab’s lead counsel in Cape Verde, said Friday there are two possible outcomes when the Constitutional Court sits on Aug. 13. Either the judges throw out Saab’s appeal and the extradition goes ahead, or they accept that there are unconstitutional elements in the case and send it back to a lower court to correct them, Pinto Monteiro told a press conference via video link. Cape Verde’s Supreme Court ruled last March that the extradition could proceed, and the Constitutional Court appeal is Saab’s last hope. Saab’s international legal team argues that the extradition has a political motive. Federal prosecutors in Miami indicted Saab in 2019 on money-laundering charges connected to an alleged bribery scheme that pocketed more than $350 million from a low-income housing project for the Venezuelan government that was never built.

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Parking tickets hit the docket of federal appeals court

A federal appeals court has heard arguments in a challenge to a Michigan city’s practice of marking tires to catch people who ignore time limits on parking. Alison Taylor is appealing a decision that went in favor of Saginaw. Her attorney argues that chalking tires violates the Fourth Amendment’s protection against unreasonable searches. The case made headlines in 2019 when the same appeals court said marking tires could be illegal without a warrant in some circumstances. The court sent the lawsuit back to a federal judge in Bay City for more work, but he eventually ruled against Taylor again. A different three-judge panel at the appeals court heard arguments Thursday. In court papers, Saginaw said it’s a “novel issue” but not a violation of the constitution. “The city used the chalk to inform vehicle owners that that their vehicle is subject to the time limitations as set forth by the local ordinances,” attorneys for Saginaw said. The city said Taylor had 14 parking tickets, some issued after a tire was marked. Taylor’s attorney, Philip Ellison, said a chalk line on a tire might be “low tech” but it’s still an illegal trespass against her car. He wants to make the case a class-action.

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Tests: Broken pipe didn’t pollute Georgia government center

Two courtrooms in Columbus’ main government building are reopening after tests found a ruptured pipe did not introduce mold or harmful fungi into the air. A ruptured drainpipe from the roof had dumped leaves, bird feces and other debris into the 11th-floor office of Muscogee County Superior Court Judge Gil McBride in June. Documents obtained by the Ledger-Enquirer show tests of pipe debris showed no fungi associated with bird and bat droppings that can cause infections in people with weakened immune systems. Samples also showed no significant amounts of mold. Mold levels in the outside air were higher, suggesting the building’s air filtration system is working. “The courts have been assured by the city that the courtrooms are safe for public use,” McBride wrote in a text message. “This is good news, especially for judges who were without courtrooms for next week.” The 51-year-old building flooded because of water leaks twice in 2018. Columbus leaders say they plan to ask voters to approve a special sales tax in November to repair or replace the building. A nearly 80-pound panel fell in a seventh-floor courtroom and hit a court official a few weeks ago, prompting safety inspections of all courtrooms. Columbus Mayor Skip Henderson could not be reached Friday for an update on inspections. McBride said Muscogee County jurors will continue to be selected at the municipal ice rink for now. Once jurors are selected, trials will take place in the regular courtrooms.

Court refuses appeal of ex-Cleveland cop who shot Tamir Rice

The Ohio Supreme Court announced on Tuesday it would not consider an appeal over the firing of a white police officer who shot and killed 12-year-old Tamir Rice outside a Cleveland recreation center in 2014. The appeal was filed in April by the Cleveland Police Patrolment’s Association on behalf former officer Timothy Loehmann. Cleveland fired Loehmann in 2017 not for killing Tamir, who was Black, but for providing false information on his job application. An arbitrator and a county judge upheld his firing. A state appellate court earlier this year dismissed Loehmann’s appeal, citing the union’s failure to serve notice on outside attorneys hired by the city. Loehmann, a rookie, shot Tamir within seconds of a cruiser skidding to a stop near a gazebo where the child had been sitting. Officers responded to a call from a man who said someone was waving a gun around. The man also told a dispatcher the gun could be a fake and the person might be a juvenile. A state grand jury declined to indict Loehmann in Tamir’s shooting and, in December, federal authorities announced they would not bring federal criminal charges. “I am glad that Loehmann will never have a badge and gun in Cleveland again,” Tamir’s mother, Samaria Rice, said in a statement issued Tuesday. A message seeking comment was left with the Loehmann’s union attorney, Henry Hilow.

Supreme Court won’t revive school’s transgender bathroom ban

The Supreme Court on Monday rejected a Virginia school board’s appeal to reinstate its transgender bathroom ban. Over two dissenting votes, the justices left in place lower court rulings that found the policy unconstitutional. The case involved former high school student Gavin Grimm, who filed a federal lawsuit after he was told he could not use the boys bathroom at his public high school. Justices Samuel Alito and Clarence Thomas voted to hear the board’s appeal. The Gloucester County, Virginia, school board’s policy required Grimm to use restrooms that corresponded with his biological sex ? female ? or private bathrooms. Seven years ago, Grimm was barred from using the boys restroom when he was a 15-year-old student at Gloucester High School. He sued a year later, and his case has worked its way through the courts ever since. After learning that the Supreme Court refused to hear the case, Grimm, now 22, said that his long court battle is over. “We won,” he tweeted. “Honored to have been part of this victory,” he added. David Corrigan, an attorney for the school board, did not immediately respond to email and voice mail messages seeking comment. In its petition asking the Supreme Court to hear the case, the school board argued that its bathroom policy poses a “pressing federal question of national importance.” The board argued previously that federal laws protect against discrimination based on sex, not gender identity. Because Grimm had not undergone sex-reassignment surgery and still had female genitalia, the board’s position has been that he remained anatomically a female. The American Civil Liberties Union, which represented Grimm in his yearslong lawsuit against Gloucester, argued that federal law makes it clear transgender students are protected from discrimination.

Justices consider Harvard case on race in college admissions

With abortion and guns already on the agenda, the conservative-dominated Supreme Court is considering adding a third blockbuster issue — whether to ban consideration of race in college admissions. The justices could say as soon as Monday whether they will hear an appeal claiming that Harvard discriminates against Asian American applicants, in a case that could have nationwide repercussions. The case would not be argued until the fall or winter. “It would be a big deal because of the nature of college admissions across the country and because of the stakes of having this issue before the Supreme Court,” said Gregory Garre, who twice defended the University of Texas’ admissions program before the justices. The presence of three appointees of former President Donald Trump could prompt the court to take up the case, even though it’s only been five years since its last decision in a case about affirmative action in higher education. In that Texas case, the court reaffirmed in a 4-3 decision that colleges and universities may consider race in admissions decisions. But they must do so in a narrowly tailored way to promote diversity, the court said in a decision that rejected the discrimination claims of a white applicant. Schools also bear the burden of showing why their consideration of race is appropriate. Two members of that four-justice majority are gone from the court. Justice Ruth Bader Ginsburg died in September. Justice Anthony Kennedy retired in 2018.

Court nixes South Carolina’s lifelong sex offender registry

South Carolina’s Supreme Court ruled on Wednesday that a state law requiring sex offenders to register for life, without prior judicial review, is unconstitutional. In a unanimous ruling, justices wrote that “requirement that sex offenders must register for life without any opportunity for judicial review violates due process because it is arbitrary and cannot be deemed rationally related to the General Assembly’s stated purpose of protecting the public from those with a high risk of re-offending.” Justices set a 12-month timeline to implement the ruling, to give state lawmakers time to “correct the deficiency in the statute regarding judicial review.” The case stems from a lawsuit originally brought by Dennis Powell, who was arrested in 2008 for criminal solicitation of a minor after authorities said he had graphic online conversations with someone he thought was a 12-year-old girl, but who was actually an undercover officer. After pleading guilty, Powell was sentenced to two years in prison and ordered to register as a sex offender, which South Carolina’s statute mandates as a lifelong situation. South Carolina’s sex offender statute requires biannual registration, in-person at a sheriff’s office, but provides for no periodic review by a judge, a situation the Supreme Court called “the most stringent in the country.” “The lifetime inclusion of individuals who have a low risk of re-offending renders the registry over-inclusive and dilutes its utility by creating an ever-growing list of registrants that is less effective at protecting the public and meeting the needs of law enforcement,” justices wrote. “There is no evidence in the record that current statistics indicate all sex offenders generally pose a high risk of re-offending.” The court ruled that Powell should be immediately removed from the state’s sex offender registry. Powell had also challenged a portion of the statute that permits the registry to be published online, which the court upheld. Attorneys for both Powell and the State Law Enforcement Division did not immediately return text messages seeking comment on the ruling.

Ruling: Missed court date in Washington does not imply guilt

The Washington state Supreme Court this month unanimously rejected the notion that a man who skipped his court date could be presented as evidence that he felt guilty about the original crime. State Supreme Court justices agreed that criminalizing a single missed court date could disproportionately harm people of color, poor people or people without reliable transportation or scheduling conflicts due to child care or work, The Daily Herald reported. The ruling came less than a year after the state Legislature revised the bail jumping law, which gives people more time to respond to a warrant. Samuel Slater, 27, had one unexcused absence in his case, which predated the new law. Records show Slater was convicted of violating no-contact orders five times in five years, multiple driving offenses and domestic violence charges. He pleaded guilty in 2016 to assault in Washington state. A judge ordered him not to have contact with the woman, who was not identified, but he showed up within a day of being let out of jail. He was charged in 2017 with alleged felony violation of a no-contact order and felony bail jumping after missing a court date later in the year. Slater’s attorney, Frederic Moll, asked for separate trials on the counts. Snohomish County Superior Court Judge Anita Farris, a former public defender, found that the charges could be tried together for “judicial economy reasons” and that they were cross-admissible, meaning one could be used to prove the other. Judge Ellen Fair presided over the trial and agreed with Farris. State Court of Appeals judges also agreed. During the trial, deputy prosecutor Adam Sturdivant repeatedly noted how the defendant missed his court date, asking: “If he didn’t do it, why didn’t he show up for trial call a year ago?” Slater was found guilty on both counts and sentenced to more than two years in prison and a year of probation.

Justices consider hearing a case on ‘most offensive word’

Robert Collier says that during the seven years he worked as an operating room aide at Parkland Memorial Hospital in Dallas, white nurses called him and other Black employees “boy.” Management ignored two large swastikas painted on a storage room wall. And for six months, he regularly rode an elevator with the N-word carved into a wall. Collier ultimately sued the hospital, but lower courts dismissed his case. Now, however, beginning with a private conference that was scheduled for Thursday, the Supreme Court is considering for the first time whether to hear the case. (Although the court did not comment, the case remained on its calendar, which likely means it was discussed Thursday.) Focusing on the elevator graffiti, Collier is asking the justices to decide whether a single use of the N-word in the workplace can create a hostile work environment, giving an employee the ability to pursue a case under Title VII of the landmark Civil Rights Act of 1964. Already, the court’s two newest members, both appointed by President Donald Trump, are on record with seemingly different views. The case is also a test of whether the justices are willing to wade into the ongoing, complex conversations about race happening nationwide. The public could learn as soon as Monday whether the court will take Collier’s case. Jennifer A. Holmes, a lawyer with the NAACP Legal Defense and Educational Fund, which has urged the court to take the case, says she hopes the conversations taking place nationally will push the justices in that direction. Doing so gives the court an “opportunity to show that they’re not insensitive to issues of race,” Holmes said. And courts are “all the time” confronting workplace discrimination claims involving use of the N-word, she said. The question for the justices, she said, is just whether someone who experiences an isolated instance of the N-word can “advance their case beyond the beginning stage.” Two of the court’s nine justices have experience with similar cases.

Lawsuit seeks Confederate statue’s removal from courthouse

Civil rights advocates sued a Maryland county on Wednesday to seek the court-ordered removal of a Confederate monument from a courthouse lawn on the state’s Eastern Shore, calling it a racist symbol of oppression. In their federal lawsuit, an NAACP branch leader and a defense lawyer say the “Talbot Boys” statue in Talbot County is the last Confederate monument remaining on public property in Maryland besides cemeteries and battlefields. The lawsuit claims that a statue glorifying the Confederacy on the lawn outside the county courthouse in Easton, Maryland, is both unconstitutional and illegal under federal and state laws. Keeping it there “sends a message that the community does not value Black people, that justice is not blind, and that Black people are not equal in the eyes of the county,” the suit says. “For Black employees and litigants entering the courthouse, the statue is, in its least damaging capacity, intimidating and demoralizing,” it adds. In August 2020, Talbot County Council members voted 3-2 to keep the memorial on the courthouse lawn. Council President Chuck Callahan was among the three members who voted to keep the memorial. He did not immediately respond Wednesday to an email and phone call seeking comment on the lawsuit. The memorial, dedicated in 1916, commemorates more than 80 soldiers who fought for the Confederacy. A website advocating for it to stay on the courthouse lawn calls it “a piece of history and a splendid work of art that tells the story of brother vs. brother where North and South came together, the border state of Maryland.” The lawsuit says the statute, erected 50 years after the Civil War ended and during the Jim Crow era, was funded primarily by a prominent white lawyer who “embraced ideals of slavery.” “It is also telling that no monument was erected to honor the sacrifices of those from Talbot County who fought for the Union ? particularly since Maryland was not part of the Confederacy,” the suit adds. The lawsuit’s plaintiffs include Richard Potter, president of the Talbot County branch of the NAACP, and Kisha Petticolas, a Black lawyer who works in Talbot County for the Maryland Office of the Public Defender. Plaintiffs’ lawyers, including from the American Civil Liberties Union of Maryland, filed the federal lawsuit in Baltimore. It asks the court to order the statute’s permanent removal from the courthouse area and bar its display at any other county property. It also seeks unspecified monetary damages for the plaintiffs.

Court to hear appeal of Dallas officer who killed neighbor

A Texas court is scheduled to hear arguments Tuesday on overturning the conviction of a former Dallas police officer who was sentenced to prison for fatally shooting her neighbor in his home. An attorney for Amber Guyger and prosecutors are set to clash before an appeals court over whether the evidence was sufficient to prove that her 2018 shooting of Botham Jean was murder. The hearing before a panel of judges will examine a Dallas County jury’s 2019 decision to sentence Guyger to 10 years in prison for murder. It follows the recent conviction of a former Minneapolis police officer who was found guilty of murdering George Floyd, again focusing national attention on police killings and racial injustice. Guyger is not expected to appear in court Tuesday and the appeals panel will hand down a decision at an unspecified later date. More than two years before Floyd’s death set off protests across the country, Guyger’s killing of Jean drew national attention because of the strange circumstances and because it was one in a string of shootings of Black men by white police officers. The basic facts of the case were not in dispute. Guyger, returning home from a long shift, mistook Jean’s apartment for her own, which was on the floor directly below his. Finding the door ajar, she entered and shot him, later testifying that she through he was a burglar. Jean, a 26-year-old accountant, had been eating a bowl of ice cream before Guyger shot him. She was later fired from the Dallas Police Department. The appeal from Guyger, now 32, hangs on the contention that her mistaking Jean’s apartment for her own was reasonable and, therefore, so too was the shooting. Her lawyers have asked the appeals court to acquit her of murder or to substitute in a conviction for criminally negligent homicide, which carries a lesser sentence. In court filings, Dallas County prosecutors countered that Guyger’s error doesn’t negate “her culpable mental state.” They wrote, “murder is a result-oriented offense.” Jean’s mother, Allison Jean, told the Dallas Morning News that the appeal has delayed her family’s healing. ”I know everyone has a right of appeal, and I believe she’s utilizing that right,” Jean said. “But on the other hand, there is one person who cannot utilize any more rights because she took him away. “So having gotten 10 years, only 10, for killing someone who was in the prime of his life and doing no wrong in the comfort of his home, I believe that she ought to accept, take accountability for it and move on,” she said. Guyger could have been sentenced to up to life in prison or as little as two years. Prosecutors had requested a 28-year sentence ? Botham Jean would have been 28 if he were still alive during the trial. Under her current sentence, Guyger will become eligible for parole in 2024, according to state prison records. Following the trial, two members of the jury said the diverse panel tried to consider what the victim would have wanted when they settled on a 10-year prison sentence. Jean ? who went by “Bo” ? sang in a church choir in Dallas and grew up in a devout family on the island nation of St. Lucia. After sentencing, Brandt Jean embraced Guyger in court and told her his older brother would have wanted her to turn her life over to Christ. He said if she asked God for forgiveness, she would get it.

Judge: Boston exam schools admissions policy ‘race-neutral’

A federal judge has upheld a temporary admissions policy at Boston’s elite exam high schools, ruling against a parents group that said in a lawsuit it discriminated against white students and those of Asian descent. “This court finds and rules that the plan is race-neutral, and that neither the factors used nor the goal of greater diversity qualify as a racial classification,” U.S. District Judge William Young in Boston wrote in the ruling released Thursday night. The ruling applies only to the current exam cycle. The Boston School Committee last fall temporarily dropped the entrance exam for Boston Latin School, Boston Latin Academy and the O’Bryant School of Math and Science because it was not safe to hold exams in-person during the pandemic. Instead, the committee used student performance and ZIP code to weigh admission. A group called the Boston Parent Coalition for Academic Excellence, filed a lawsuit in February on behalf of 14 white and Asian applicants in which it called the new policy “wholly irrational.” William Hurd, an attorney for the coalition, said there will be an appeal. “We respectfully disagree with the court’s decision,” Hurd said in a statement. The Boston Public Schools in a statement said its goal has always been to “ensure a safe, fair, and equitable exam school admissions process.”

Alaska denied oil check benefits to gay couples, dependents

Alaska discriminated against some same-sex spouses for years in wrongfully denying them benefits by claiming their unions were not recognized even after courts struck down same-sex marriage bans, court documents obtained by The Associated Press show. The agency that determines eligibility for the yearly oil wealth check paid to nearly all Alaska residents denied a dividend for same-sex spouses or dependents of military members stationed in other states for five years after a federal court invalidated Alaska’s ban on same-sex marriage in 2014, and the Supreme Court legalized the unions nationwide in June 2015, the documents show. In one email from July 2019, a same-sex spouse living out-of-state with his military husband was denied a check because “unfortunately the state of Alaska doesn’t recognize same sex marriage yet,” employee Marissa Requa wrote to a colleague, ending the sentence with a frown face emoji. This Permanent Fund Dividend Division practice continued until Denali Smith, who was denied benefits appealed and asked the state to start including her lawyer in its correspondence. Smith later sued the state, seeking an order declaring that state officials violated the federal court decision and Smith’s constitutional rights to equal protection and due process Smith and the state on Wednesday settled the lawsuit. Alaska admitted denying benefits to same-sex military spouses and dependents for five years in violation of the permanent injunction put in place by the 2014 U.S. District Court decision. The state also vowed to no longer use the outdated state law, to deny military spouses and dependents oil checks going forward, and updated enforcement regulations. There were no financial terms to the settlement. In fact, Smith had to pay $400 out of pocket to file the federal lawsuit to get her oil check, and her attorney worked pro bono. In Alaska, the oil wealth check is seen as an entitlement that people use to buy things like new TVs or snowmobiles, fund college savings accounts or, in rural Alaska, weather high heating and food costs. The nest-egg fund, seeded with oil money, has grown into billions of dollars. A portion traditionally goes toward the checks, but the amount varies. Last year, nearly every single resident received $992. The year before, the amount was $1,606. About 800 pages of emails provided by the state for the lawsuit show a clear misunderstanding or outright disregard of the 2014 precedent and reluctance to reach out to the attorney general’s office for guidance.

High court nixes Alex Jones’ appeal in Newtown shooting case

The U.S. Supreme Court on Monday declined to hear an appeal by Infowars host and conspiracy theorist Alex Jones, who was fighting a Connecticut court sanction in a defamation lawsuit brought by relatives of some of the victims of the Sandy Hook Elementary School shooting. Jones was penalized in 2019 by a trial court judge for an angry outburst on his web show against an attorney for the relatives and for violating numerous orders to turn over documents to the families’ lawyers. Judge Barbara Bellis barred Jones from filing a motion to dismiss the case, which remains pending, and said she would order Jones to pay some of the families’ legal fees. Jones argued he should not have been sanctioned for exercising his free speech rights. The Connecticut Supreme Court upheld Bellis’ ruling last year. The families and an FBI agent who responded to the shooting, which left 20 first-graders and six educators dead, are suing Jones and his show over claims that the massacre was a hoax. The families said they have been subjected to harassment and death threats from Jones’ followers because of the hoax conspiracy. Jones, whose show is based in Austin, Texas, has since said he believes the shooting occurred. The U.S. Supreme Court turned down Jones’ request to hear his appeal without comment. Jones’ attorney, Norman Pattis, called the court’s decision “a disappointment.” “Judge Bellis, and the Connecticut Supreme Court, asserted frightening and standardless power over the extrajudicial statements of litigants,” Pattis said in an email to The Associated Press. “Mr. Jones never threatened anyone; had he done so, he would have been charged with a crime. We are inching our way case-by-case toward a toothless, politically correct, First Amendment.” Joshua Koskoff, a lawyer for the Sandy Hook families, said Jones deserved to be sanctioned for his threatening comments on his show. “The families are eager to resume their case and to hold Mr. Jones and his financial network accountable for their actions,” Koskoff said in a statement. “From the beginning, our goal has been to prevent future victims of mass shootings from being preyed on by opportunists.” The sanction came after Jones, on Infowars in 2019, accused an attorney for the families, Christopher Mattei, of planting child pornography that was found in email metadata files that Jones turned over to the Sandy Hook families’ lawyers. Pattis has said the pornography was in emails sent to Jones that were never opened.

Philippine Supreme Court slams killings of lawyers, judges

The Philippine Supreme Court on Tuesday condemned the alarming number of killings and threats against lawyers and judges. One legal group has said these attacks are considerably higher under President Rodrigo Duterte compared to the past 50 years under six former presidents. The 15-member high court asked lower courts, law enforcement agencies and lawyers and judges’ groups to provide information about such attacks in the last 10 years, in order for the court to take preemptive steps. The attacks, it said, endanger the rule of law in an Asian bastion of democracy. “To threaten our judges and our lawyers is no less than an assault on the judiciary. To assault the judiciary is to shake the very bedrock on which the rule of law stands,” the high court said in a rare, strongly-worded censure of the attacks. “This cannot be allowed in a civilized society like ours.” The court said it would not “tolerate such acts that only perverse justice, defeat the rule of law, undermine the most basic of constitutional principles and speculate on the worth of human lives.” The Free Legal Assistance Group, a prominent group of lawyers, said at least 61 lawyers have been killed in the five years of Duterte’s presidency compared to at least 25 lawyers and judges slain under six presidents since 1972, when dictator Ferdinand Marcos placed the Philippines under martial law. Lawyers’ groups said the court’s denunciation was long overdue but nevertheless welcomed it. “We have been sounding out the clarion call and providing information and concrete recommendations for the longest time,” said lawyer Edre Olalia, who heads the left-wing National Union of People’s Lawyers. A number of lawyers who represented suspected drug dealers or were linked to the illegal drug trade were among those gunned down under Duterte’s rule. When he took office in mid-2016, Duterte launched a massive anti-drug crackdown that has left more than 6,000 mostly petty suspects dead and alarmed Western governments and human rights groups.

Colorado court: Speed-reading bills violates constitution

The Colorado Supreme Court has ruled that state Senate Democrats violated the constitution in 2019 when they responded to Republicans’ request that bills be read at length by having computers speed-read the bills in an intelligible garble. The Colorado Sun reports that in a 4-3 ruling released Monday, the court ruled the speed-reading tactic violated the constitution’s mandate that legislation be read at length upon request. “There are unquestionably different ways by which the legislature may comply with the reading requirement,” Justice Carlos Samour Jr. wrote in the majority opinion. “But the cacophony generated by the computers here isn’t one of them.” Minority Senate Republicans were trying to delay Democrats’ attempts to overhaul oil and gas regulations by asking that bills be read aloud ? including a 2,000-page measure. When Democrats resorted to computers, Republicans sued. A lower court found for the minority party. In a dissenting opinion, Justice Monica M. Marquez wrote that the court should give direction on how legislation ought to be read in the future. In 2019, Democrats began negotiating with Republicans to avoid further stalling tactics ? and the GOP has since slowed down work on other occasions to force Democrats to make deals.

Mississippi told to pay $500K to wrongfully imprisoned man

A judge is ordering the state of Mississippi to pay $500,000 to a Black man who was wrongfully imprisoned more than 22 years and was tried six times in a quadruple murder case. Curtis Flowers was released from prison in December 2019, months after the U.S. Supreme Court ruled that a district attorney had excluded Black jurors from his trials. Flowers had spent years on death row. Mississippi Attorney General Lynn Fitch said in September that she would not try Flowers a seventh time in the 1996 slayings and a robbery that took place at a furniture store in Winona. He had been in custody since 1997. In November, Flowers sued the state seeking compensation for wrongful imprisonment. Court papers show the attorney general’s office agreed to his request. Montgomery County Circuit Judge George Mitchell on Tuesday ordered the state to pay Flowers $500,000. That is the maximum allowed under a 2009 state law, which says the state can pay $50,000 for each year of wrongful imprisonment, for a up to 10 years. Mitchell also ordered the state to make a separate payment of $50,000 to Flowers’s attorneys. Flowers was convicted four times: twice for individual slayings and twice for all four killings. Two other trials involving all four deaths ended in mistrials. Each of Flowers’s convictions was overturned. In June 2019, the U.S. Supreme Court tossed out the conviction and death sentence from Flowers’s sixth trial, which took place in 2010. Justices said prosecutors’ pattern of excluding Black jurors from his trials was unconstitutional. The Supreme Court ruling came after American Public Media’s “In the Dark” investigated the case. The podcast recorded jailhouse informant Odell Hallmon in 2017 and 2018 recanting his testimony that Flowers had confessed to him. The first six trials were prosecuted by the local district attorney. Flowers was still facing the 1997 indictments in December 2019 when a judge agreed to release him on bond. The district attorney handed the case to the attorney general, and her staff spent months reviewing it before deciding not to go forward because of a lack of credible witnesses.

Supreme Court likely to uphold Arizona voting restrictions

The Supreme Court appeared ready Tuesday to uphold voting restrictions in Arizona in a key case that could make it harder to challenge a raft of other voting measures Republicans have proposed following last year’s elections. All six conservative justices, appointed by Republican presidents, suggested they would throw out an appellate ruling that struck down the restrictions as racially discriminatory under the landmark Voting Rights Act. The three liberal members of the courts, appointed by Democrats, were more sympathetic to the challengers. Less clear is what standard the court might set for how to prove discrimination under the law, first enacted in 1965. The outcome could make it harder, if not impossible, to use the Voting Rights Act to sue over measures making their way through dozens of Republican-controlled state legislatures that would make it more difficult to vote. Civil rights group and Democrats, argue that the proposed restrictions would disproportionately affect minority voters, important Democratic constituencies. Democrats in Congress, meanwhile, have proposed national legislation that would remove obstacles to voting erected in the name of election security.

Feds drop legal battle over tribe’s reservation status

The Mashpee Wampanoag Tribe scored a legal victory Friday when the U.S. Interior Department withdrew a Trump administration appeal that aimed to revoke federal reservation designation for the tribe’s land in Massachusetts. A federal judge in 2020 blocked the U.S. Interior Department from revoking the tribe’s reservation designation, saying the agency’s decision to do so was “arbitrary, capricious, an abuse of discretion, and contrary to law.” The Trump administration appealed the decision, but the Interior Department on Friday moved to dismiss the motion. In a filing in a federal appeals court in Washington, D.C., the Interior Department said it had “conferred with the parties and none opposes this motion.” A judge granted the motion and dismissed the case. The tribe’s vice chair, Jessie Little Doe Baird, called it a triumph for the tribe and for ancestors “who have fought and died to ensure our Land and sovereign rights are respected.” “We look forward to being able to close the book on this painful chapter in our history,” Baird said in a statement. “The decision not to pursue the appeal allows us continue fulfilling our commitment to being good stewards and protecting our Land and the future of our young ones and providing for our citizens.” The Cape Cod-based tribe was granted more than 300 acres (1.2 square kilometers) of land in trust in 2015 by then-President Barack Obama, a move that carved out the federally protected land needed for the tribe to develop its planned $1 billion First Light casino, hotel and entertainment resort. The tribe learned in March 2020 that the federal government was moving to reverse the reservation designation. The Trump administration decided it could not take the land into trust because the tribe was not officially recognized as of June 1, 1934. That was the year the federal Indian Reorganization Act, which laid the foundation for modern federal Indian policy, became law. At the time, the tribe’s chair called it a “sucker punch.” The tribe, which traces its ancestry to the Native Americans that shared a fall harvest meal with the Pilgrims in 1621, gained federal recognition in 2007. U.S. Representative Bill Keating, D-Mass., whose district includes Cape Cod, applauded the decision to drop the appeal.

European court rejects case vs Germany over Afghan airstrike

The European Court of Human Rights on Tuesday rejected a complaint against Germany’s refusal to prosecute an officer who ordered the deadly bombing in 2009 of two fuel tankers in northern Afghanistan. Scores of people died when U.S. Air Force jets bombed the tankers hijacked by the Taliban near Kunduz. The strike was ordered by the commander of the German base in Kunduz, Col. Georg Klein, who feared insurgents could use the trucks to carry out attacks. Contrary to the intelligence Klein based his decision on, most of those swarming the trucks were local civilians invited by the Taliban to siphon fuel from the vehicles after they had become stuck in a riverbed. An Afghan man who lost two sons aged 8 and 12 in the airstrike, Abdul Hanan, took the case to the European Court of Human Rights after German authorities declined to prosecute Klein. He alleged that Germany failed to conduct an effective investigation and that no “effective domestic remedy” to that had been available in Germany. The Strasbourg, France-based court rejected the complaints. It found that German federal prosecutors were “able to rely on a considerable amount of material concerning the circumstances and the impact of the airstrike.” It also noted that courts including Germany’s highest, the Federal Constitutional Court, rejected cases by Hanan. And it added that a parliamentary commission of inquiry “had ensured a high level of public scrutiny of the case.” Wolfgang Kaleck, the head of the European Center for Constitutional and Human Rights who provided legal support to Hanan, said the verdict was a disappointment for the plaintiff and his fellow villagers, but noted that judges had made clear that governments have a duty to at least investigate such cases.

Circuit court judge accused of altering paperwork

A New Hampshire circuit court judge has been accused of altering court paperwork with white out in a 2019 family division case while she was under investigation by the judicial branch. Julie Introcaso, a Bedford judge who was suspended in October, was charged Thursday with two felony counts of falsifying physical evidence and three misdemeanors alleging tampering with public records or information and unsworn falsification. The attorney general’s office said Introcaso will be arraigned at a later date. It wasn’t immediately known if she had a lawyer, and a number could not be found for her. The attorney general’s office began an investigation last fall after the state Judicial Conduct Committee released a document alleging that Introcaso violated the state’s Code of Judicial Conduct. That complaint alleges that Introcaso oversaw a child custody case for about six months despite having a friendship with a lawyer who was serving as a guardian ad litem in the matter. She approved rulings on the guardian’s fees and method of payment. She eventually recused herself, citing a conflict of interest, but a party in the case made a complaint about her to the committee, which started an investigation. The committee alleges she altered the court orders during the investigation.

Court rules France failed to respect its climate change goal

A Paris court on Wednesday ruled that the French state failed to take sufficient action to fight climate change in a case brought by four nongovernmental organizations. The NGOs cheered the decision as “historic” for their country and a boon to those elsewhere using the law to push their governments in the fight against global warming. The four organizations are Greenpeace France, Oxfam France, the Nicolas Hulot Foundation and Notre Affaire a Tous (Our Shared Responsibility). In its ruling, the administrative court recognized ecological “deficiencies” linked to climate change and held the French state responsible for failing to fully meet its goals in reducing greenhouse gases. The government said in a statement that it “took note” of the decision, and provided a list of actions in the pipeline to “allow France to respect in the future the objectives it set.” Government spokesman Gabriel Attal went further, acknowledging at a regular briefing that the country has fallen behind on its goals. “It’s perfectly fair to say that our country has been lagging behind these past years in the fight against climate change,” he responded to a question. But he added that “we are tackling these issues.” Among other things, he cited 30 billion euros earmarked for greener energy policies. A bill is being introduced next week in the Cabinet that includes measures to support renovation of high energy-consuming buildings and encourage greener transport. President Emmanuel Macron, who has been very vocal about his support for climate change action, pushed in December for beefing up the European Union’s 2030 targets to reduce greenhouse gases by at least 55% compared with 1990 levels ? up from the previous 40% target. But Oxfam France, Greenpeace France and the two other organizations contended that Macron’s lobbying for global climate action is not backed up by sufficient domestic measures to curb emissions blamed for global warming. France is missing its national targets that had been set under the 2015 Paris Agreement to curb climate change, and the country has delayed most of its efforts until after 2020. The court ruled that there was a link between ecological damage and deficiencies by the state in respecting its own goals. It decided that awarding money wasn’t appropriate in this case. Instead, reparations should center on fixing the failure to respect goals for lowering greenhouse gases. The court gave itself two months to study measures to repair the problem and stop it from getting worse. It did, however, ask the French state to pay each of the four organizations that brought the action a symbolic euro each, a common practice in France. The four NGOs that brought the case called the decision “a first historic victory for the climate” as well as a “victory for truth,” saying that until now France has denied the “insufficiency of its climate policies.” The decision “shows the state has a special responsibility in the climate fight ... Emmanuel Macron, more than other heads of state, spoke out strongly on the subject. Today, he cannot remain silent,” Greenpeace France chief Jean-Francois Julliard said at a news conference. The decision “goes beyond French borders,” he added, because it can help those fighting such battles in other countries. The French NGOs got advice from colleagues in the Netherlands where the Dutch Supreme Court upheld a judgment for the Urgenda environmental group that ordered the government to cut emissions by at least 25% by the end of 2020 compared to 1990 levels. The government responded with a package of measures that included shutting or reducing capacity at coal-fired power stations and subsidizing moves to promote sustainable energy. Urgenda director Marjan Minnesma told The Associated Press on Wednesday that it’s not yet clear if the Dutch government achieved the emissions reduction mandated by the court, but that the economic slowdown caused by the coronavirus helped and they may be “nearly there.” Minnesma said she is “super happy” with the French case.

Tips for Avoiding Common Workers’ Compensation Pitfalls

Workers’ compensation is an insurance program. If you have sustained an injury or illness at work, filing a workers’ compensation claim may provide compensation for your medical bills and lost wages. Unfortunately, the claims process can be complicated and confusing, which is why workers often make mistakes along the way. Some of the common mistakes that hurt workers’ recoveries are often avoidable if you know your rights. Avoid these mistakes to get the best settlement: Failing to Report the Injury You cannot get workers’ comp benefits without reporting your injury to your employer. For most injuries in Illinois, employees have 45 days from the accident to tell their employer about the injury. Not Seeking Treatment If you’ve sustained any injury, you need to be seen by a physician immediately. Your doctor can document your injury, symptoms and treatment plan, which will make it easier to be awarded just compensation. Failing to Keep Accurate Records After suffering a workplace injury or illness, it is crucial to keep accurate and detailed records. This means documenting the time missed from work due to the condition as well as all expenses related to medical treatment. Not Following Your Doctor’s Orders Working beyond your doctor’s restrictions and treatment plan not only puts your healing in jeopardy, but the insurance company can also invalidate your claim if you do. Representing Yourself Don’t make the mistake of representing yourself in your workers’ compensation claim. A skilled lawyer will make sure you file all the necessary paperwork and meet all the critical deadlines. An experienced attorney will also know how to gather and present the evidence supporting your case, and the best strategies of negotiating with insurance companies. It is best to consult an experienced Illinois worker’s compensation attorney as soon as possible to ensure that no problems occur due to delays in providing notice and filing your Illinois worker’s compensation claim. At Krol, Bongiorno & Given, we have handled well over 30,000 claims for injured workers throughout the state of Illinois. Call us at (312) 726-5567 for a free consultation or contact us online.

More protests called in Moscow to demand Navalny’s release

Moscow braced for more protests seeking the release of jailed opposition leader Alexei Navalny, who faces a court hearing Tuesday after two weekends of nationwide rallies and thousands of arrests in the largest outpouring of discontent in Russia in years. Tens of thousands filled the streets across the vast country Sunday, chanting slogans against President Vladimir Putin and demanding freedom for Navalny, who was jailed last month and faces years in prison. Over 5,400 protesters were detained by authorities, according to a human rights group. One of those taken into custody for several hours was Navalny’s wife, Yulia, who was ordered Monday to pay a fine of about $265 for participating in an unauthorized rally. While state-run media dismissed the demonstrations as small and claimed that they showed the failure of the opposition, Navalny’s team said the turnout demonstrated “overwhelming nationwide support” for the Kremlin’s fiercest critic. His allies called for protesters to come to the Moscow courthouse on Tuesday. “Without your help, we won’t be able to resist the lawlessness of the authorities,” his politician’s team said in a social media post. Mass protests engulfed dozens of Russian cities for the second weekend in a row despite efforts by authorities to stifle the unrest triggered by the jailing of 44-year-old Navalny. He was arrested Jan. 17 upon returning from Germany, where he spent five months recovering from nerve-agent poisoning that he blames on the Kremlin. Russian authorities reject the accusation. He faces a prison term for alleged probation violations from a 2014 money-laundering conviction that is widely seen as politically motivated. Last month, Russia’s prison service filed a motion to replace his 3 1/2-year suspended sentence from the conviction with one he must serve. The Prosecutor General’s office backed the motion Monday, alleging Navalny engaged in “unlawful conduct” during the probation period.

US Supreme Court won’t take up Sheldon Silver’s case

The Supreme Court declined Monday to take up the case of former New York Assembly Speaker Sheldon Silver, who is serving a 6 1/2-year prison sentence after being convicted in a corruption case. The high court’s decision not to hear Silver’s appeal is another sharp blow to the Manhattan Democrat, who was once one of the three most powerful state officials. Silver was ousted as speaker in 2015 and was convicted later that year. His original conviction was overturned on appeal, but he was convicted again in 2018. Part of that conviction was then tossed out on another appeal, leading to yet another sentencing in July. Silver, 76, began serving his sentence in August. In the part of the case that survived the appeal process, Silver was convicted in a scheme that involved favors and business traded between two real estate developers and a law firm. Silver supported legislation that benefited the developers. The developers then referred certain tax business to a law firm that paid Silver fees. Two justices, Neil Gorsuch and Clarence Thomas, said they would have heard Silver’s case. Earlier this month, The New York Times reported that President Donald Trump was considering clemency for Silver, but ultimately no pardon or sentence reduction was granted. Silver has been serving time at the federal prison in Otisville, about 80 miles (130 kilometers) from New York City. Before his conviction, Silver was a giant in New York politics. First elected to the Assembly in 1977, he became speaker in 1994, holding that position for more than two decades. For nearly half that time, during the administration of Republican Gov. George Pataki, he was the most powerful Democrat in the state. Silver’s lawyers had asked the court to consider allowing him to serve his sentence at home because of the risk of contracting COVID-19 and dying in prison. But District Judge Valerie Caproni said issuing a sentence without prison time was inappropriate because Silver was guilty of “corruption, pure and simple.”

Woman accused of helping steal Pelosi laptop freed from jail

A Pennsylvania woman facing charges that she helped steal a laptop from the office of House Speaker Nancy Pelosi during the attack on the U.S. Capitol will be released from jail, a federal judge decided Thursday. U.S. Magistrate Judge Martin Carlson directed that Riley June Williams be released into the custody of her mother, with travel restrictions, and instructed her to appear Monday in federal court in Washington to continue her case. “The gravity of these offenses is great,” Carlson told Williams. “It cannot be overstated.” Williams, 22, of Harrisburg, is accused of theft, obstruction and trespassing, as well as violent entry and disorderly conduct on Capitol grounds. Carlson noted Williams has no prior criminal record. The FBI says an unidentified former romantic partner of Williams tipped them off that she appeared in video from the Jan. 6 rioting and the tipster claimed she had hoped to sell the computer to Russian intelligence. Williams’ defense lawyer, Lori Ulrich, told Carlson the tipster is a former boyfriend who had been abusive to Williams and that “his accusations are overstated.” Video from the riot shows a woman matching Williams’ description exhorting invaders to go “upstairs, upstairs, upstairs” during the attack, which briefly disrupted certification of President Joe Biden’s electoral victory. “It is regrettable that Ms. Williams took the president’s bait and went inside the Capitol,” Ulrich told the judge. Williams surrendered to face charges on Monday. She was expected to leave the county jail in Harrisburg later Thursday, and will be on electronic monitoring to await trial.

Supreme Court won't hear PA abortion clinic free speech case

The Supreme Court is declining to get involved in a case about free speech outside a Pittsburgh abortion clinic. The high court turned away the case Monday. The court's decision not to hear the case leaves in place a 2019 appeals court decision that upheld a Pittsburgh ordinance creating a 15-foot “buffer zone” where protests are barred around entrances to health care facilities. The decision by the 3rd U.S. Circuit Court of Appeals allowed “sidewalk counseling” within that zone. The appeals court said the city can restrict congregating, picketing, patrolling and demonstrating in the immediate vicinity of clinics, but the zone restrictions do not apply to “calm and peaceful” one-on-one conversations by anti-abortion activists seeking to speak with women entering a clinic. Justice Clarence Thomas wrote that he agreed with the court's decision not to take up this particular case because it "involves unclear, preliminary questions about the proper interpretation of state law." But he said the court should take up the issue of buffer zones in an appropriate case.

Arizona Supreme Court upholds election challenge dismissal

 The Arizona Supreme Court on Tuesday upheld a lower court decision dismissing the last in a series of challenges that sought to decerify Democrat Joe Biden’s victory in the state.

The high court ruling is the second time the majority-Republican court has turned aside an appeal of a court loss by backers of President Donald Trump seeking to overturn the results of the election. In all, eight lawsuits challenging Biden’s Arizona win have failed. It comes the day before a divided Congress is set to certify Biden’s victory.

Tuesday’s ruling from a four-judge panel of the high court agreed with a trial court judge in Pinal County that plaintiff Staci Burk lacked the right to contest the election. That’s because she wasn’t a registered voter at the time she filed her lawsuit, as required in state election contests. Both courts also agreed that she made her legal challenge too late, after the five-day period for filing such an action had passed.

Burk said in her lawsuit that she was a qualified Arizona voter, but officials said they discovered she wasn’t registered to vote. She later said she mistakenly thought “qualified electors” were people who were merely eligible to vote, and that her voter registration was canceled because election workers were unable to verify her address.

The Supreme Court said the fact that she wasn’t a registered voter was fatal to her ability to file an election challenge and that Burk admitted she knew she wasn’t registered.

“There is nothing before the Court to indicate that Appellant timely contacted the appropriate authorities to correct any problems with her voter registration,” Chief Justice Robert Brutinel wrote. “An election challenge ... is not the proper vehicle to reinstate voter registration.”

Biden won the state over Republican President Donald Trump by more than 10,000 votes and the results were certified last month.

The lawsuit brought by Burk, who isn’t a lawyer but represented herself, is nearly identical to a lawsuit dismissed in early December in federal court in Phoenix.

Burk’s lawsuit alleged Arizona’s election systems have security flaws that let election workers and foreign countries manipulate results. Opposing attorneys said the lawsuit used conspiracy theories to make allegations against a voting equipment vendor without any proof to back up claims of widespread election fraud in Arizona.

No evidence of voter or election fraud has emerged in Arizona. Despite that, Republicans who control the Legislature are pushing to review how Maricopa County, the state’s most populous, ran its election. Two subpoenas issued by the state Senate seeking an audit and to review voting machines, ballots and other materials are being challenged by Maricopa County.

Two of the failed legal challenges focused on the use of Sharpies to complete ballots were dismissed. Another lawsuit in which the Trump campaign sought inspection of ballots was dismissed after the campaign’s lawyer acknowledged the small number of ballots at issue wouldn’t have changed the outcome.

A judge dismissed a lawsuit in which the Arizona Republican Party tried to determine whether voting machines had been hacked.

Then a separate challenge by Arizona GOP Chairwoman Kelli Ward was tossed out by a judge who concluded the Republican leader failed to prove fraud and that the evidence presented at trial wouldn’t reverse Trump’s defeat. The state Supreme Court upheld that decision in an earlier ruling.

And a federal judge dismissed a lawsuit by conservative lawyer Sidney Powell, who alleged widespread election fraud through the manipulation of voting equipment. Burk’s lawsuit repeated some of Powell’s allegations word-for-word.