Lawyers will seek to shift blame for warehouse fire at trial

Lawyers for the two men charged in the Northern California warehouse fire that killed 36 people said Friday they are now preparing for a trial where they will try to shift blame for the blaze from their clients to others, including the building's owner and government officials. Derick Almena, 48, and Max Harris, 28, on Friday appeared briefly in an Oakland courtroom for the first time since a judge scuttled a plea deal agreed to by prosecutors. They were ordered back to court in three weeks to schedule a trial. Outside court, the men's lawyers say there's plenty of blame to share for the Dec. 2, 2016, fire in an Oakland warehouse illegally converted into an underground entertainment venue and live-work space for artists. The cause of the fire has never been determined, which the lawyers said is key part of the men's defense. Serra also said numerous government officials visited the illegally converted warehouse before the fire, and they had a duty to report the building's condition to authorities. Almena lived in the warehouse with his wife and three children and were visited by Alameda County's Child Protective Services officials several times. Oakland police officers were also called to the warehouse on several occasions to investigate noise complaints and tenant disputes, among other issues.

Alabama Supreme Court won't move lawsuit against Moore

The Alabama Supreme Court on Friday refused to transfer a defamation lawsuit against former U.S. Senate candidate Roy Moore by a woman who says Moore molested her decades ago. The court denied Moore's request to have the case heard in Etowah County instead of Montgomery. Moore issued a statement calling the decision "ridiculous." Leigh Corfman accused Moore of sexually molesting her decades ago when she was 14 and he was a prosecutor in his 30s. Moore has denied the allegations, but they became an issue in the 2017 race in Alabama to replace Attorney General Jeff Sessions in the U.S. Senate. Moore lost to Democrat Doug Jones. Corfman in January filed a lawsuit against Moore and his campaign, saying they defamed her and made false statements, calling her a liar and immoral as they denied the claims in the midst of the election. Moore sought to have the case heard in Etowah County where he and Corfman both live. "The Court itself admits venue is proper in either county. Should not the case be tried in the county where we both live and where her reputation and character are well known?" Moore said. Etowah County has also been friendlier territory for Moore. During the U.S. Senate race, Moore won about 60 percent of the vote in Etowah County, while he garnered just 27 percent of in Montgomery. Several Supreme Court justices recused from the case involving Moore, who is a former chief justice of the court. Five retired judges were randomly selected to hear the case along with Associate Justice Brady Mendheim, Jr., and Associate Justice Will Sellers.

Court, regulators clash over uranium project in South Dakota

Federal regulators recently abandoned a proposed survey of Native American cultural resources at a planned uranium mine site in the southwest part South Dakota, just days before a judge decided the survey is required by federal law. The contradictory actions could further complicate and prolong a regulatory review process that is already nearly a decade old, the Rapid City Journal reported. Powertech (USA) Inc., a subsidiary of Canada-based Azarga Uranium, wants to develop a mine 13 miles northwest of Edgemont, on the remote southwestern edge of the Black Hills. The project is named "Dewey-Burdock," for two old town sites in the area. The uranium would be mined by the "in situ" method, which involves drilling dozens of wells across a wide area. A liquid solution is pumped underground to dissolve the uranium and bring it to the surface, so it can be processed for use in nuclear power plants. Contention over the potential presence of Native American burial sites, artifacts and other cultural resources within the 17-square-mile area of the proposed mine has been ongoing since Powertech applied to the U.S. Nuclear Regulatory Commission for a license in 2009. Nevertheless, the commission granted the license in 2014, even as a dispute about the lack of an adequate cultural resources survey was still pending before the commission's Atomic Safety and Licensing Board.

Court: EPA violated law on harmful pesticide, orders ban

A federal appeals court says the Trump administration endangered public health by keeping the top-selling pesticide chlorpyrifos on the market despite extensive scientific evidence that even tiny levels of exposure can harm babies' brains. The 9th U.S. Circuit Court of Appeals in San Francisco ordered the Environmental Protection Agency to remove chlorpyrifos from sale in the United States within 60 days. A coalition of farmworkers and environmental groups sued last year after then-EPA chief Scott Pruitt reversed an Obama-era effort to ban chlorpyrifos, which is widely sprayed on citrus fruits, apples and other crops. In a split decision, the court said EPA violated federal law by ignoring the conclusions of agency scientists that chlorpyrifos is harmful. The pesticide is sold by Dow Agro Sciences and others.

Zimbabwe's opposition challenges election results in court

Zimbabwe's main opposition party on Friday filed a legal challenge to the results of the country's first election without Robert Mugabe on the ballot, alleging "gross mathematical errors" and calling for a fresh vote or a declaration that their candidate Nelson Chamisa was the winner. The filing brings more uncertainty to a country that had hoped the peaceful vote would begin a new era but has been rocked since then by scenes of military in the streets and opposition supporters harassed and beaten. The court now has 14 days to rule, and Justice Minister Ziyambi Ziyambi said the inauguration, once planned for Sunday for President Emmerson Mnangagwa, is "on hold' until then. Zimbabwe's main opposition party on Friday filed a legal challenge to the results of the country's first election without Robert Mugabe on the ballot, alleging "gross mathematical errors" and calling for a fresh vote or a declaration that their candidate Nelson Chamisa was the winner. The filing brings more uncertainty to a country that had hoped the peaceful vote would begin a new era but has been rocked since then by scenes of military in the streets and opposition supporters harassed and beaten. The court now has 14 days to rule, and Justice Minister Ziyambi Ziyambi said the inauguration, once planned for Sunday for President Emmerson Mnangagwa, is "on hold' until then.

Top court: Social media posts violate no-contact order

Social media posts can represent a violation of a protection order, the state's highest court ruled on Tuesday, affirming the conviction of a man who made threats on Facebook. The Maine Supreme Judicial Court rejected Richard Heffron III's arguments that his Facebook comments were a protected form of speech, that the posts didn't constitute direct or indirect contact, and that he wasn't told that his posts represented a violation. In its ruling, the court concluded Heffron's social media comments violated the court-approved no-contact order and were outside the realm of constitutional protections. "The court correctly determined that Heffron's communications with the protected person fell short of those that deserve constitutional protection," Justice Jeffrey Hjelm wrote, noting that the conviction "did not place his First Amendment rights at risk." Heffron and the woman with whom he'd had a relationship were no longer Facebook friends but still had friends in common. In the posts, Heffron referred to the woman by name and threatened to harm her. A friend brought the comments to the woman's attention. James Mason, Heffron's attorney, said courts in other states have reached different conclusions but that the facts didn't perfectly align with the Maine case. "Obviously I'm disappointed," Mason said. "I think that there was no evidence that he ever intended to have these comments reach her." After being convicted, Heffron was ordered to serve 21 days in jail, which was the length of time he was jailed before posting bail. He also was sentenced to a year of probation. Mason said the ruling served as a cautionary tale. "It lets people know that they do need to be careful about what they post on the internet," he said. "It makes it clear that you have limited First Amendment protections on the internet, especially on Facebook."

12 audio files sent to prosecutors in Michael Cohen probe

A dozen audio recordings seized by the FBI from President Donald Trump's former lawyer, Michael Cohen, were forwarded to federal prosecutors after lawyers dropped challenges on attorney-client privilege grounds, a former judge revealed Monday. The recordings were among millions of files taken from Cohen in April as part of a criminal probe of his business practices. Barbara Jones, a court-appointed lawyer and former Manhattan federal judge helping to decide which of the seized files are protected by privilege, said in a court filing that prosecutors received the recordings on Friday after attorneys for Trump, Cohen and the Trump Organization dropped privilege claims. The same day, Trump attorney Rudy Giuliani said Cohen had recorded a conversation in which the president had discussed a potential payment to squash the story of a former Playboy model who said she had an affair with Trump. Giuliani said the brief recording shows Trump did nothing wrong. "The transaction that Michael is talking about on the tape never took place, but what's important is: If it did take place, the president said it has to be done correctly and it has to be done by check" to keep a proper record of it, Giuliani said. In a weekend tweet, Trump called Cohen's practice of recording conversations "totally unheard of & perhaps illegal." Attorney Lanny Davis, speaking on Cohen's behalf, has said what is on the tape will not harm Cohen. Jones has been providing periodic updates on the privilege review of over four million items, mostly electronic, that were found on numerous computer storage devices and cellular phones seized from Cohen.