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Cosby defense team lobs attacks in court of public opinion
Law Center |
2018/04/18 10:45
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Jurors weren't allowed to hear testimony that Bill Cosby's chief accuser was once hooked on hallucinogenic mushrooms or had her sights set on becoming a millionaire, but that hasn't stopped the defense from airing the explosive claims about Andrea Constand in the court of public opinion.
With Cosby's sexual assault retrial heading for deliberations this week, the 80-year-old comedian's lawyers and publicists are increasingly playing to an audience of millions, not just the 12 people deciding his fate.
They're hitting at Constand's credibility in the media with attacks that Judge Steven O'Neill is deeming too prejudicial or irrelevant for court, and they're holding daily press briefings portraying Cosby as the victim of an overzealous prosecutor and an unjust legal system.
Cosby spokesman Andrew Wyatt has decried Constand's allegations of drugging and molestation as "fantastical stories" and deemed District Attorney Kevin Steele an "extortionist" for spending taxpayer money on the case.
Lawyer Dennis McAndrews, who's been in court following the retrial, said prominent defendants like Cosby almost always play to the court of public opinion when there's no gag order, but that his team's approach hasn't been "particularly effective or convincing."
"It is so strident, and it is so hyperbolic, I think most people will turn it off," said McAndrews, who prosecuted chemical heir John E. du Pont for murder in 1997 and is not associated with either side in the Cosby case.
O'Neill is expected to rule Monday on what could be the Cosby team's last line of attack in the courtroom: whether jurors can hear deposition testimony that Cosby's lawyers say could have insights into what led Constand to accuse him.
Constand's confidante, Sheri Williams, gave the testimony as part of Constand's 2005 lawsuit against Cosby, which he wound up settling for nearly $3.4 million. Cosby's lawyers said that testimony is vital because Williams is not responding to subpoena attempts. |
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Court: Man can't be retried for murder after mistrial ruling
Law Center |
2018/04/16 05:40
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Georgia's highest court says a man can't be retried for murder after the judge in his case declared a mistrial after about three hours of jury deliberations.
Jedarrius Treonta Meadows was on trial in September 2015 for the February 2014 shooting death of Damion Bernard Clayton in Macon.
The judge declared a mistrial after jurors said they weren't making progress and a bailiff said things had become contentious in the jury room. The defense objected, arguing that three hours of deliberation wasn't unreasonable.
The following month, the defense argued a retrial would violate Meadows' constitutional protection against double jeopardy. The judge rejected that in June.
The Georgia Supreme Court ruled Monday that the mistrial ruling was made "without sufficient factual support and without considering less drastic alternatives to terminating the trial." |
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Facebook to stop spending against California privacy effort
Law Center |
2018/04/12 12:23
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Facebook says it will stop spending money to fight a proposed California ballot initiative aimed at giving consumers more control over their data.
The measure, known as the "California Consumer Privacy Act," would require companies to disclose upon request what types of personal information they collect about someone and whether they've sold it. It also would allow customers to opt out of having their data sold.
The company made the announcement Wednesday as chief executive Mark Zuckerberg underwent questioning from Congress about the handling of user data.
Pressure has mounted on Facebook to explain its privacy controls following revelations that a Republican-linked firm conducted widespread data harvesting.
Facebook had donated $200,000 to a committee opposing the initiative in California - part of a $1 million effort by tech giants to keep it off the November ballot.
Facebook said it ended its support "to focus our efforts on supporting reasonable privacy measures in California."
Proponents of the ballot measure applauded the move.
"We are thrilled," said Mary Ross, president of Californians for Consumer Privacy.
The California Chamber of Commerce and other groups are fighting to keep the measure off the ballot through the "Committee to Protect California Jobs." Google, AT&T, Verizon and Comcast also contributed $200,000 each to that effort in February.
Committee spokesman Steve Maviglio said the measure would hurt the California economy.
"It is unworkable and requires the internet in California to operate differently - limiting our choices, hurting our businesses, and cutting our connection to the global economy," he said.
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Ex-Missouri governor urges court to allow wind-energy line
Law Center |
2018/04/03 12:14
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Missouri's former governor is urging the state Supreme Court to overturn a decision blocking a 780-mile power line that would carry wind energy across the Midwest.
Former Gov. Jay Nixon led arguments Tuesday before the high court on behalf Clean Line Energy Partners. The Houston-based company wants to build a $2.3 billion transmission line from western Kansas across Missouri and Illinois to an Indiana power grid serving eastern states.
Missouri regulators appointed by Nixon rejected the power line last year, citing a court ruling that they said first required utilities to get approval from local governments.
Nixon's term as governor ended in January 2017. Two of the seven judges hearing the case Tuesday had been appointed by Nixon. They didn't recuse but also did not ask questions.
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Expensive, partisan Wisconsin high court race nears end
Law Center |
2018/04/02 12:14
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An expensive and openly partisan race for Wisconsin's Supreme Court neared an end Tuesday, with voters choosing between a conservative appointed by Republican Gov. Scott Walker and a liberal who drew support from former Obama administration officials.
The race between Sauk County Circuit Judge Michael Screnock and Milwaukee County Circuit Judge Rebecca Dallet was nonpartisan in name only, with both sides eager to win the 10-year seat on a high court whose ideological split has been on public display in recent years.
Conservatives held a 5-2 majority going into the election, so control wasn't at stake. But Democrats hoped to build on a surprising victory in January in a special state Senate election, especially with two more special legislative elections coming this summer.
The race was closely watched as a potential bellwether of voter attitudes in Wisconsin ahead of the fall midterms, although results of past Supreme Court elections have not consistently proven to be predictive of what will happen in November. President Donald Trump won the state by less than 1 percentage point in 2016.
Screnock, 48, was appointed circuit judge by Walker in 2015 and counted the conservative state chamber of commerce, a variety of anti-abortion groups and the National Rifle Association among his supporters.
Dallet, 48, was elected judge in 2008 after working 11 years as a prosecutor. She benefited from spending by a group started by former Democratic U.S. Attorney General Eric Holder and was endorsed by trade and teacher unions, Planned Parenthood and more than 200 Wisconsin judges.
Both candidates argued the other couldn't be trusted to serve as an independent voice on the state's highest court because of partisan campaign support.
Spending on TV ads in the race was expected to approach $4.5 million, about what was spent on the 2016 race, according to the Brennan Center for Justice, which tracks spending on court races nationwide.
Dallet ran with a tough-on-crime message, focusing on her prosecutorial experience followed by 10 years working as a judge in Milwaukee. She argued that the conservative-controlled Supreme Court is "broken," and criticized the justices for not adopting a recusal rule forcing them to step down from cases involving large campaign donors.
Screnock said he was devoted to the rule of law and a strict interpretation of the Constitution, arguments that winning conservative candidates have used in recent state Supreme Court elections.
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Large Midwest energy project turns to ex-Missouri governor
Law Center |
2018/03/29 12:15
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Stymied by state regulators, a renewable energy company seeking to build one of the nation's longest power lines across a large swath of the Midwest has turned to a prominent politician in an attempt to revive its $2.3 billion project.
Former Missouri Gov. Jay Nixon, now working as a private attorney after recently finishing 30 years in public office, is to argue Tuesday to the Missouri Supreme Court that utility regulators he appointed wrongly rejected the power line while relying on an incorrect court ruling written by a judge whom Nixon also appointed.
Should Nixon prevail in court, it could help clear a path for Houston-based Clean Line Energy Partners LLC to build a 780-mile (1,255-kilometer), high-voltage transmission line from the wind farms of western Kansas across Missouri and Illinois to Indiana, where it would feed into a power grid serving eastern states. Missouri had been the lone state blocking the project, until an Illinois appeals court in March also overturned that state's approval.
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