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Fraternity brothers due in court in pledge's fatal fall
Court Watch |
2017/06/10 16:02
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Members of a Penn State fraternity facing charges related to the death earlier this year of a pledge after a night of heavy drinking are due in court Monday for a hearing about whether there's enough evidence to head to trial.
Prosecutors in the case against the now-shuttered Beta Theta Pi chapter and 18 of its members are leaning heavily on video surveillance recordings made the night 19-year-old sophomore engineering student Tim Piazza was injured in a series of falls at the fraternity after a pledge acceptance ceremony that included heavy drinking.
The defendants face a variety of charges, with eight accused of dozens of crimes, including involuntary manslaughter and felony aggravated assault, while five others are accused only of a single count of evidence tampering.
Centre County District Attorney Stacy Parks Miller says prosecutors will play video in court, and she expects the hearing to last all or most of the day.
Authorities have said members of the fraternity resisted summoning help until well into the next morning.
A grand jury report described how members of the fraternity carried Piazza's limp body upstairs, poured liquid on him and even slapped him on the face. When one of them argued to call for medical help, he was confronted and shoved into a wall, the grand jury said.
Piazza, of Lebanon, New Jersey, died at a hospital Feb. 4 from traumatic brain injury and had suffered severe abdominal bleeding. His blood-alcohol measured at a dangerous level.
"I believe this is a case where the defendants have been overcharged by the district attorney's office," said defense attorney Michael Engle, whose client Gary DiBileo, 21, faces 56 counts, including involuntary manslaughter. "We hope to develop more information during the preliminary hearing process, and beyond, that will demonstrate that many of the charges in this case are just not applicable to the conduct."
Engle said DiBileo, a junior from Scranton who recently withdrew from Penn State, was said by a witness to have advocated for calling an ambulance at some point.
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Court: Ohio E-School Can't Delay Repayment of $60M to State
Court Watch |
2017/06/08 16:03
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ECOT's reported enrollment of 15,000 Ohio students makes it one of the largest online charter schools in the U.S.
Democrats jumped on the court's decision to pile criticism on the school, which has struggled for years against attacks on its enrollment practices and student performance ratings.
"This sham, unaccountable school is a clear waste of taxpayer money and needs to be shut down," said Democratic gubernatorial candidate Betty Sutton. "The main thing that they seem to do well is shower Republican candidates and committees with political donations instead of educating children. Unfortunately, it is a symptom of a much larger disease facing Ohio's education system."
ECOT spokesman Neil Clark said the school didn't get a fair shake in court. He took particular aim at one of the three deciding judges, Gary Tyack, as being biased against the school, online learning and school choice.
"Today, Judge Tyack confirmed that he would put his agenda before the law," Clark said in a statement. "He is desperate to destroy ECOT and is unwilling to even wait for the judicial system to play out before advancing his vendetta."
Chief Justice Maureen O'Connor rebuked Tyack after oral arguments were held in the case before the state's high court. She wrote that his comments against the school, its founder and online education were derogatory, extrajudicial, unnecessary and unacceptable.
The school's efforts to revisit the issue of Tyack's impartiality came as it braced for Monday's important school board vote, which comes amid the long-running legal dispute over what attendance-tracking practices should be used to determine state funding.
A state hearing officer ruled against the school in its appeal of the state Education Department's determination that the school owes $64 million for enrollment that can't be justified due to lack of documentation.
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Court to hear challenge to speed up California executions
Court Watch |
2017/06/07 10:55
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The California Supreme Court will hear arguments Tuesday over a ballot initiative designed to speed up executions that could fundamentally change the way the court handles death penalty appeals.
Death penalty opponents are challenging a ballot measure passed by a slim majority of voters in November that aimed to reform a dysfunctional system that hasn't executed a condemned killer in more than a decade.
Foes of capital punishment argue that Proposition 66 was unconstitutional because it would take power away from the state's high court to decide how it handles cases and it would disrupt the court system, cost the state more money and undermine the appeals process.
If allowed to take effect, the measure would require more lawyers to take death penalty appellate cases, some trial court judges would be assigned appeals and all state appeals would have to be completed in five years, which is about a third of the time it typically takes.
With a backlog of 380 death penalty appeals, there's concern judges would be overwhelmed trying to speed through appeals, said Elisabeth Semel, a law professor at University of California, Berkeley, who consulted for death penalty opponents on the case.
"There's an enormous ripple effect to that," said Semel, who directs the school's death penalty clinic. "The attention the justices can pay to each individual case is significantly diminished. When you're talking about life and death, that's important."
The ballot initiative supported by 51 percent of voters was designed to "mend not end" capital punishment in California, where nearly 750 inmates are on Death Row and only 13 have been executed since 1978.
A competing measure to repeal capital punishment lost by a slightly wider margin. Both sides acknowledged the current system is broken.
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Mom sentenced in Australian court for drowning 3 children
Court Watch |
2017/06/03 20:09
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A mother who drowned three of her children and attempted to kill a fourth by driving the family car into an Australian lake was sentenced Tuesday to 20 years and six months in prison.
Akon Guode, 37, drove a SUV carrying four of her seven children into the lake in Melbourne in April 2015. Her 5-year-old daughter Alual survived after passersby pulled her from the partially submerged car.
But Guodes' 16-month-old son Bol and 4-year-old twins, Hanger and her brother Madit, died.
Victoria state Supreme Court Justice Lex Lasry said he would have sentenced Goude to life in prison if she had not pleaded guilty to murder and attempted murder.
"People don't understand why you did what you did," the judge said. "In my opinion, your actions were the product of extreme desperation," he added.
Goude wept and wailed through her sentencing hearing as the judge outlined her crimes and her troubled life that led to it.
Born one of 16 children in 1979, she fled Sudan's civil war in which her husband died and arrived in Australia as a refugee in 2006.
The judge set a non-parole period of 20 years and said she will likely be deported on release. Her hometown, the city of Wau, is now in South Sudan, which became an independent country in 2011. It's not clear to which country she will be deported.
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Court filing questions innocence panel insistence on secrecy
Court Watch |
2017/06/03 20:07
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As a man convicted of murder tries to prove to the North Carolina's innocence commission that he didn't commit the crime, his attorney says the commission has misled a judge in order to keep its files secret, causing delays in the case.
Attorney Chris Mumma represents Robert Bragg, who's serving a sentence of life without parole for a 1994 slaying. Bragg contends he's innocent. Last September his case came before the North Carolina Innocence Inquiry Commission, a state agency established to investigate and evaluate post-conviction innocence claims. The commission referred it to a three-judge panel, which is scheduled to hold a hearing in July — 10 months after the original commission hearing and two months after the original May hearing date.
The delay came, in part, as Bragg's attorney fought a protective order that the commission said was necessary to shield a confidential investigative file. The commission said evidence in the file was obtained through methods that require it to be kept under a stricter level of judicial protection than other criminal investigative files.
But in a court filing, Mumma says the commission misrepresented the file's contents. In fact, only one protective order was found in the documents, and defense attorneys already had received that file, Mumma said in the court filing last month in Bragg's case.
While Mumma now has the full commission file and can use it in this appeal, the protective order means she can't use it again in the future without seeking a judge's permission.
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Doctor arrested at Trump hotel on gun charges due in court
Court Watch |
2017/06/01 20:09
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The tip received by police was vague, but potentially dire: a Pennsylvania physician was on his way to the nation's capital with a carload of weapons, planning to visit the president.
As a result, Bryan Moles, 43, of Edinboro, Pennsylvania, was arrested on weapons charges after checking in to the Trump International Hotel in Washington, a few blocks from the White House.
He is expected to make an initial court appearance Thursday afternoon.
While the Secret Service interviewed Moles and determined he posed no threat to the president or anyone else they protect, D.C.'s police chief said the tip averted a potential disaster.
"I was very concerned about this circumstance," Chief Peter Newsham said. When people come to the District "armed with those types of weapons, it's a serious concern. ... He doesn't have a really good reason for being here."
Moles was charged with carrying a pistol without a license and having unregistered ammunition. A police report said authorities seized a Glock 23 pistol, a Bushmaster assault-style rifle and 90 rounds of ammunition from Moles' vehicle.
Newsham added that the department does not presently have enough evidence to charge Moles with making threats.
Newsham declined to comment on what may have motivated Moles. He said he did not have a license to carry firearms in the District, which has strict gun laws. He did not know whether he was licensed to carry in Pennsylvania.
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