Blackbeard's ship case about images returns to trial court

A treasure hunter who accuses the state of North Carolina of misusing his images from Blackbeard's flagship says he'll ask for 10 times the damages he originally sought, now that a court ruling has come down in his favor. John Masters of Florida-based Intersal Inc. says he plans to seek $140 million in damages from the state following the ruling Friday from the North Carolina Supreme Court that the case must return to Business Court. He said an expert witness had put Intersal's losses from the state's use of more than 2,000 images and more than 200 minutes of film at $129 million. He's seeking another $11 million for losses over a permit that the state denied him, which would have allowed Intersal to search for a Spanish ship. Almost a quarter-century ago, Masters' father, Philip, discovered the wreckage of the Queen Anne's Revenge, which ran aground in Beaufort, in what was then the colony of North Carolina, in June 1718. Volunteers with the Royal Navy killed Blackbeard in Ocracoke Inlet that same year. Intersal found little loot when it located the shipwreck in 1996, but tens of thousands of artifacts have been recovered since then. Intersal and the state have reached two contracts, one in 1998 and another in 2013, that gave the company the rights to photos and videos of the wreck and of the recovery, study and preservation of its historic artifacts.

Woman accused of disorderly conduct outside Maricopa court

Authorities say a woman has been arrested for disorderly conduct after creating a messy situation in the courthouse parking lot in the town of Maricopa. Police say Tally Leto allegedly poured alcohol into the vehicle of a court client, let the air out of the man's tires and spat on the windows before wiping them off. The owner of the vehicle didn't want to prosecute Leto. But the court chose to press charges because Leto was on court property in the parking lot. As a result of being arrested last Monday, Leto failed to appear for her two criminal cases scheduled for later that day at Western Pinal Justice Court. The Maricopa Monitor reports that the two charges Leto was attending court for were criminal trespassing and disorderly conduct.

Wikileaks founder Julian Assange loses bid to delay hearing

WikiLeaks founder Julian Assange appeared in a U.K. court Monday to fight extradition to the United States on espionage charges, and he lost a bid to delay proceedings so that his legal team would have more time to prepare his case. Assange defiantly raised a fist to supporters who jammed the public gallery in Westminster Magistrates Court for a rare view of their hero. He appears to have lost weight but looked healthy, although he spoke very softly and at times seemed despondent and confused. Assange and his legal team failed to convince District Judge Vanessa Baraitser that a delay in the already slow-moving case was justified. The full extradition is still set for a five-day hearing in late February, with brief interim hearings in November and December. Assange hadn’t been seen in public for several months and his supporters had raised concerns about his well-being. He wore a blue sweater and a blue sports suit for the hearing, and had his silvery-gray hair slicked back.

Analysis: Louisiana figures in 2 major Supreme Court cases

Among cases on the U.S. Supreme Court docket for the term that began this month, two Louisiana cases stand out — one because of its implications for criminal justice in the state, the other because of what it portends for abortion rights and access nationwide. And, both, in part, because they deal with matters that, on the surface, might appear to have been settled. Yes, voters approved a constitutional amendment requiring unanimous jury verdicts in felony cases — following Pulitzer Prize winning reporting by The Advocate on the racial impacts of allowing 10-2 verdicts. But sometimes lost amid celebrations of the measure’s passage is its effective date: it applies to crimes that happened on or after Jan. 1 of this year. No help to people like Evangelisto Ramos, who was convicted on a 10-2 jury vote in 2016 of second-degree murder in the killing of a woman in New Orleans. Ramos is serving a life sentence with no chance of parole.

US Supreme Court to review Kansas’ lack of insanity defense

The U.S. Supreme Court is preparing to consider how far states can go toward eliminating the insanity defense in criminal trials as it reviews the case of a Kansas man sentenced to die for killing four relatives. The high court planned to hear arguments Monday in James Kraig Kahler’s case. He went to the home of his estranged wife’s grandmother about 20 miles (32 kilometers) south of Topeka the weekend after Thanksgiving 2009 and fatally shot the two women and his two teenage daughters. Not even Kahler’s attorneys have disputed that he killed them. They’ve argued that he was in the grips of a depression so severe that he experienced an extreme emotional disturbance that disassociated him from reality. In seeking a not guilty verdict due to his mental state, his defense at his 2011 trial faced what critics see as an impossible legal standard. His attorneys now argue that Kansas violated the U.S. Constitution by denying him the right to pursue an insanity defense. The nation’s highest court previously has given states broad latitude in how they treat mental illness in criminal trials, allowing five states, including Kansas, to abolish the traditional insanity defense. Kahler’s appeal raises the question of whether doing so denies defendants their guaranteed right to due legal process. “Maybe they will establish some ground rules,” said Jeffrey Jackson, a law professor at Washburn University in Topeka. “They’ve been vague about what the standard is, and maybe now they’re going to tell us.” Until 1996, Kansas followed a rule first outlined in 1840s England, requiring defendants pursuing an insanity defense to show that they were so impaired by a mental illness or defect that they couldn’t understand that their conduct was criminal. Now Kansas permits defendants to only cite “mental disease or defect” as a partial defense, and they must prove they didn’t intend to commit the specific crime. Alaska, Idaho, Montana and Utah have similar laws. Christopher Slobogin, a professor of both law and psychiatry at the Vanderbilt University, said even seriously mentally ill defendants typically intend to the commit their crimes, even if their acts result from delusions.

Trial begins Monday in Kansas abortion stalking lawsuit

A federal jury will decide whether the operator of a Wichita abortion facility had reasonable grounds to seek a protection-from-stalking order against an abortion protester. Jury selection begins Monday in the federal lawsuit filed by anti-abortion activist Mark Holick against clinic operator Julie Burkhart. The lawsuit stems from anti-abortion protests in 2012 and 2013 in front of Burkhart's home and in her neighborhood. She subsequently got a temporary protection-from-stalking order against him that was dismissed two years later. U.S. District Judge John Broomes has already thrown out some of the lawsuit's claims, but left it to a jury to decide whether the facts constituted malicious prosecution. Kings coach Walton focused on team, not lawsuit Sacramento Kings first-year coach Luke Walton says he is focused on his team and not worried about a lawsuit accusing him of sexual assault. Walton spoke publicly Friday at Kings media day for the first time since a former sportscaster filed a civil suit against him in April accusing him of the assault. "I'm here to do my job and focus on the Kings," Walton said. "The rest will take care of itself." Walton was hired by the Kings in April, soon after being fired following three seasons as coach of the Los Angeles Lakers. He was sued shortly after being hired by Kelli Tennant, a former host on Spectrum SportsNet LA, who accused him of sexually assaulting her in a hotel room in 2014 when he was an assistant with the Golden State Warriors and harassing her after that during his tenure with the Lakers. The Kings and the NBA investigated the charges but took no action against Walton when "investigators determined that there was not a sufficient basis to support the allegations." Tennant did not participate in the investigation. Walton still faces a civil suit but has said in a court filing that the allegations aren't backed up in facts. He said the suit is not a distraction to his job.

Cyprus police frees 5 Israelis, 7 held in hotel rape probe

A Cyprus court on Friday extended the detention of seven of the 12 Israeli teenagers initially arrested as suspects in the rape of a 19-year-old British woman. The court ordered the suspects to remain in police custody for another six days to give investigators time to finish looking into the woman’s reported rape at a hotel in the resort town of Ayia Napa. Defense lawyer Nir Yaslovitzh says five other suspects were released from custody on Thursday and have returned to Israel. Lawyer Yiannis Habaris told The Associated Press that police investigators confirmed that the five released Israelis had no connection with the case. Habaris represents four suspects, two of whom were among those who were released. Habaris said investigators connected the seven remaining suspects to the case through witness statements as well as DNA evidence which link three of the seven to the alleged victim. The Cypriot lawyer said the suspects offered investigators certain “explanations” into their whereabouts at the time of the alleged crime. The court heard that the alleged victim was involved in a relationship with one of the seven suspects and had sexual contact with several of the remaining six over the course of a few days, Habaris said. Habaris said investigators may decide to take the case to trial before a criminal court if any of the seven suspects aren’t released in the coming days. Yaslovitzh, an Israeli lawyer who represents three of the 12 Israelis, alleged the release of the five damaged the accuser’s credibility because she told police a dozen individuals sexually assaulted her. Yaslovitzh also urged Cypriot investigators to look into the woman’s actions at the hotel where the alleged crime occurred and where she was also working. The seven suspects again covered their faces with their shirts as they entered and exited the courthouse. They face charges of rape and conspiracy to commit rape. Yaslovitzh had said after the initial custody hearing that all 12 Israelis had come on holidays to Cyprus in three separate groups and didn’t know each other. Some had gone on vacation prior to being inducted into the Israeli army.