Tuesday, May 31, 2011

Tucson shooting suspect departs Ariz. for Missouri (AP)

TUCSON, Ariz. – The suspect in a deadly Tucson shooting rampage has left Arizona, headed by plane to a Missouri prison facility where mental health experts will try to make him psychologically fit to stand trial.

Chris DeRosa, a spokesman for the U.S. Marshals Service in Tucson, says Jared Lee Loughner was flown out of Tucson around 9 a.m. PST Friday.

Loughner will spend up to four months at the facility in Springfield, Mo. A judge ruled Wednesday that the 22-year-old was mentally unfit to assist his lawyers in defending him.

Mental health experts who examined Loughner concluded he suffers from schizophrenia.

Loughner has pleaded not guilty to federal charges stemming from the shooting that wounded Rep. Gabrielle Giffords and 12 others and killed six people.


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Strauss-Kahn DNA found on maid's clothes: reports (AFP)

NEW YORK (AFP) – Investigators found traces of semen from former IMF chief Dominique Strauss-Kahn on the clothes of a hotel maid who accused him of attempted rape, media reports said.

DNA was found on the shirt of the 32-year-old woman who said she was attacked in Strauss Kahn's New York hotel suite, according to NBC and ABC television.

The DNA matched sperm on the collar of the maid's shirt, according to The Wall Street Journal and France 2 television channel.

All of the media quoted sources close to the investigation. But neither police, nor prosecutors nor Strauss-Kahn's lawyers would comment on the reports.

The evidence could prove that there was a sexual encounter but not that there was violence of any kind, experts said.

Strauss-Kahn has denied charges made against him. The French politician, who is racing to find a new home, told his former staff how he is confronting a "personal nightmare."

Under house arrest pending trial, he has been rejected by one luxury residence because of his newfound notoriety and must soon leave his temporary apartment.

Charges that he attempted to rape and sexually assault the chambermaid on May 14 forced him to resign as head of the International Monetary Fund last week and torpedoed his chances of standing in the French presidential election next year.

But Strauss-Kahn again denied the accusations in an email message sent to IMF staff Sunday in which he expressed "profound sadness" at the way he left his $450,000-a-year tax-free post.

"I deny in the strongest possible terms the allegations which I now face; I am confident that the truth will come out and I will be exonerated," he wrote.

"In the meantime, I cannot accept that the Fund --- and you dear colleagues -- should in any way have to share my own personal nightmare. So, I had to go."

Strauss-Kahn is holed up in the Empire Building at 71 Broadway, where management has apologized to residents and said the new arrival will be gone by "early" this week.

His wealthy wife, French television journalist Anne Sinclair, had previously arranged a $15,000 a month apartment on the Upper East Side. But Strauss-Kahn was rejected after residents complained about the bad publicity.

Sinclair left the Broadway apartment for a few hours on Sunday on what was believed to be part of the new hunt for a home. She has suspended her blog about American life.

"Dear reader, many, many many of you have sent me messages," Sinclair wrote. "I cannot answer everybody, but know that these touched me and helped me."

"You will understand the circumstances that have forced me to temporarily suspend this blog. All I can say is, a bientot."

While Strauss-Kahn gets used to bail life wearing an ankle bracelet and being forced to stay in an apartment under the watch of video surveillance and and armed guard around the clock, the legal battle is heightening even before his next court appearance on June 6 to make a formal plea.

His lawyer Benjamin Brafman visited Strauss-Kahn on Monday. He has said his client will plead not guilty and that he is confident his client will go free.

The defense team has hired a posse of private investigators who, according to media reports, are already sifting through the 32-year-old accuser's personal history in New York and her native Guinea in West Africa.

Prosecutors told Strauss-Kahn's bail hearing last week that they are also building a "strong" case in support of the accusations.

Strauss-Kahn was arrested on an Air France flight just as it was about to leave New York's John F. Kennedy airport, a few hours after the alleged attack. He spent the first days in detention at the notorious Rikers island jail.

He now faces seven counts, including the attempted rape charge.

Ian Weinstein, a law professor at Fordham University in New York, said that if convicted at trial, "a sentence of 10 years in prison is entirely likely, and a sentence higher than that is entirely possible."


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Mladic's poor health should bar extradition: son (Reuters)

BELGRADE (Reuters) – A son of Ratko Mladic said on Friday his family believed the Bosnian Serb wartime general should not be extradited to face genocide charges because of his poor health.

"We are almost certain he cannot be extradited in such condition," said Darko Mladic, who said family members had met Ratko earlier for the first time for many years.

Mladic was later interviewed by an investigative judge at the Belgrade special war crimes court, and is expected to be extradited to face genocide charges at the International Criminal Tribunal for the former Yugoslavia in The Hague.

"He is in very bad shape. His right arm is half paralyzed. His right side is partly numb," Darko Mladic said.

Mladic has received some treatment, Darko said. "But we have asked that he should be transferred to the military hospital and we have sought an independent medical team from Russia to oversee his treatment."

"He recognized us, he is aware that he is in court detention," Darko said.

Asked what it was like to see his father after a gap of so many years, he replied: "Imagine." He declined to comment on his father's whereabouts over the last decade. "This is the first time we see him."

He said a cardiologist and a neurologist had agreed to come from Moscow and help with his father's treatment but added this depended on obtaining the approval of the court.

Mladic, accused of orchestrating the 43-month siege of the Bosnian capital Sarajevo and the massacre of 8,000 Muslim men and boys from the town of Srebrenica in July 1995, was found in a farmhouse owned by a cousin about 100 km (60 miles) from Belgrade.

The arrest on Thursday of Mladic, the last of the three men accused of instigating ethnic cleansing during the 1992-95 Bosnian war, was expected to clear the way for the former pariah state Serbia to join the European Union.

(Reporting by Aleksandar Vasovic; Writing by Maja Zuvela; Editing by Tim Pearce)


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Monday, May 30, 2011

Mumbai attacks plotter fingers Pakistan at Chicago trial (AFP)

CHICAGO (AFP) – The Pakistani-American who spent months casing out Mumbai ahead of the 2008 attacks told a Chicago jury that Pakistan's spy service supports the extremist group he worked with on the deadly siege.

David Coleman Headley testified that Pakistan's powerful Inter-Services Intelligence (ISI) provided financial, military and moral support to banned militant group Lashkar-e-Taiba (LeT).

"I assumed these groups operated under the same umbrella -- they coordinated with each other," Headley told the jury as he described his militant path and the bloody 60-hour siege of India's largest city that left 166 people dead.

Headley described his relationship with an ISI handler identified as "Major Iqbal" who gave him $25,000 to help cover the cost of his surveillance work.

"I told him what kind of (terrorist) training I did and he mentioned he was part of Lashkar," Headley said.

Headley testified that after he told Iqbal of a 2003 plot he was working on, Iqbal asked him "to do something that was more important, which was intelligence work for the ISI."

Headley formally admitted to 12 terror charges in March 2010 after prosecutors agreed not to seek the death penalty or to allow him to be extradited to either India, Pakistan or Denmark to face related charges.

He was testifying at the trial of an old friend from military school in Pakistan -- Chicago businessman Tahawwur Hussain Rana -- who stands accused of providing Headley with a cover and acting as a messenger.

The proceedings are likely to add fuel to a diplomatic crisis over suspicions of official Pakistani complicity with terrorism after US commandos killed Al-Qaeda leader Osama bin Laden on May 2 in a northwestern garrison city deep in Pakistan.

While US prosecutors named ISI officers as co-conspirators in the Mumbai attacks, it remains unclear whether they were acting independently or with the approval and aid of senior officials.

The Washington-born son of a former Pakistani diplomat and an American woman, Headley admitted to spending months scoping out sites for the Mumbai siege and plotting to kill a Danish cartoonist.

In a plot that reads like a movie thriller, Headley spent two years scouting Mumbai, even taking boat tours around the city's harbor to identify landing sites for the attackers and befriending Bollywood stars as part of his cover.

The attacks stalled a fragile four-year peace process between the two South Asian neighbors and nuclear-armed rivals which was only resumed in February.

Rana -- who holds Canadian citizenship -- insisted after his 2009 arrest that he was a pacifist "duped" into letting his old friend use his immigration services company as a cover.

In opening statements Monday, his lawyers tried to undermine Headley's credibility and insisted that Rana thought he was helping the ISI, not extremists.

But prosecutors said Rana knew exactly what he was doing, and told jurors they would hear secret recordings in which Rana praised the Mumbai attackers.

"The defendant knew what Headley was doing and he helped him," said US Attorney Sarah Streicker.

None of the other co-conspirators is in US custody and a spokesman for the US Attorney's Office declined to say whether the US government would be seeking their extradition or even knows their whereabouts.

Headley -- who changed his name from Daood Gilani so he could hide his Pakistani heritage -- joined LeT in 2002, attending training camps five times over the next three years.

He began working with an Al-Qaeda-linked group in Pakistan called Harakat-ul-Jihad al-Islami on the Danish plot after LeT became preoccupied with the final planning for the Mumbai attack.

Headley was arrested at Chicago's O'Hare airport on his way to deliver 13 surveillance videos he obtained after pretending to be interested in buying ads in Jyllands-Posten, Denmark's highest circulation daily.

The newspaper triggered a furor in the Muslim world by publishing 12 cartoons of Prophet Mohammed in 2005.

Rana's trial is expected to last about four weeks.


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Closings scheduled in Ga. soldier's murder trial (AP)

FORT STEWART, Ga. – Attorneys at Fort Stewart in Georgia are wrapping up their case in the court-martial of an Army sergeant charged with killing his squad leader and a fellow U.S. soldier at a patrol base in Iraq.

Sgt. Joseph Bozicevich (BOZ-eh-vich) could face the death penalty if a military jury convicts him of premeditated murder. Prosecutors and defense attorneys are scheduled to present closing arguments Tuesday morning before sending the case to the jury, which has heard testimony for more than a month.

Prosecutors say 41-year-old Bozicevich of Minneapolis fatally shot Staff Sgt. Darris Dawson of Pensacola, Fla., and Sgt. Wesley Durbin of Dallas after they critiqued him for poor performance in September 2008.

Bozicevich testified at the trial that he shot both men in self-defense after they threatened him with rifles.


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Tow lot manager says smelled human decay in Casey Anthony's car (Reuters)

ORLANDO, Fla (Reuters) – The manager of the Florida impound lot where Casey Anthony's car was towed two weeks after she allegedly killed her daughter testified on Friday that he detected the "very, very unique, distinctive smell" of human decomposition emanating from the vehicle.

"The instant flash in my mind (was), whew, I know what that smells like," said manager Simon Birch, who examined the car within four to five days of it being stored at the lot.

Casey Anthony, 25, is on trial in Orlando on a first-degree murder charge and faces the death penalty if convicted of smothering her 2-year-old daughter Caylee with duct tape on June 16, 2008.

Her defense lawyer Jose Baez claims Caylee drowned that day in the backyard pool at the home Casey and Caylee shared with Casey's parents, George and Cindy Anthony.

No one reported Caylee missing until July 15, 2008, when Cindy and George went to the impound lot after receiving a notice that Casey's car was there.

After driving the car home and confronting Casey, Cindy called 911 and told police her granddaughter was missing. She said Casey wouldn't tell her where Caylee was, and that she smelled "a dead body" in Casey's car trunk.

Birch testified he worked several years for a garbage company and about 30 years in tow lots, where six or eight times he had smelled the odor of decomposing human remains in a vehicle. He said he recognized the difference between human decay and trash.

Human decomposition "is a very, very unique, distinctive smell," Birch said. When he examined Casey's car, he said, "It was an odor consistent with what I smelled in the past of (human) decomposition."

Birch was expected to continue his testimony after a lunch break.

WEEKS TO GO

Friday marked the fourth day of what is expected to be a weeks-long trial. The day began with Judge Belvin Perry denying a defense motion for a mistrial.

Baez objected to a string of prosecution witnesses this week who described Casey as happy and carefree, shopping, partying and getting tattoos in the days after Caylee died.

Baez argued the testimony showed lack of remorse by Casey, which he said was not permissible until the sentencing portion of a trial.

Perry sided with prosecutors who said the intent of the testimony was to show Casey's conduct.

The judge granted a motion filed by prosecutors to stop Baez from trying to get witnesses to say what Casey told them in various conversations without prior approval from the judge. Perry noted those kinds of comments were self-serving and not allowed by the defense.

Mallory Parker, the fiancee of Casey's brother Lee, testified that she and Lee tried to find Casey at a downtown Orlando nightclub on July 3, 2008, because Cindy wanted to see Caylee.

Asked by Baez about the relationship between Casey and Caylee, Parker broke down in tears.

"It was awesome," she said.

Jurors watched almost a dozen store surveillance videos of Casey shopping in the weeks after Caylee died, including a trip to the Ikea home goods store where her friend William Waters testified Casey wanted to look for furniture.

Several witnesses have testified that Casey told them she and a friend were planning to move into her parents' home, which she said her parents were leaving.

In an email response to questions from Reuters, George and Cindy Anthony's attorney said he didn't know what Casey had in mind concerning her parents supposedly leaving their home.

"No they were not planning on moving out, and I have no idea about Casey's plans other than her psychological report demonstrates she is deeply disturbed," Mark Lippman wrote to Reuters.

(Editing by Colleen Jenkins and Jerry Norton)


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Top gov. witness in terror trial returns to stand (AP)

By SOPHIA TAREEN and EILEEN SULLIVAN, Associated Press Sophia Tareen And Eileen Sullivan, Associated Press – 57 mins ago

CHICAGO – The federal government's star witness was expected to reveal more potentially damaging details on Tuesday about the alleged close ties between Pakistan's main intelligence agency and the militant group blamed for the deadly 2008 Mumbai attacks.

David Coleman Headley returned to witnesses stand in the terrorism trail of a Chicago businessman accused of collaborating in the three-day siege of India's largest city — a day after gave a rare glimpse into the inner workings of the Pakistani militant group Lashkar-e-Taiba and described how he was recruited by a member of Pakistan's Inter-Services Intelligence agency, known as ISI, to take part in the Mumbai plot.

As the government's first and main witness in the trial of his longtime friend Tahawwur Rana, Headley's testimony outlining links between the ISI and Lashkar could inflame tensions between Pakistan and India and place even more pressure on the already frayed U.S. and Pakistani relations.

It also could add to the questions about Pakistan's commitment to catch terrorists and the ISI's connections to Pakistan-based terror groups, especially after Osama bin Laden was found hiding out earlier this month in a military garrison town outside of Islamabad.

Headley already pleaded guilty to laying the groundwork for the Mumbai attacks that killed more than 160 people including six Americans, and he agreed to testify against Rana to avoid the death penalty, making him one of the most valuable U.S. government counterterrorism witnesses.

"Headley's testimony is a nail in the coffin of U.S.-Pakistani strategic cooperation," said Bruce Riedel, a former White House adviser on Middle Eastern and South Asian issues. "Until now his commentary has gotten very little attention outside India, now it will finally get the attention it deserves here."

The Pakistani government has denied the ISI orchestrated the Mumbai attacks, and a senior ISI official said Tuesday that the agency has no links to the terrorists behind the rampage. When asked about the testimony being heard in Chicago, the officer said "it is nothing." The official spoke on condition of anonymity because his agency doesn't allow its operatives to be named in the media.

On Monday, Headley, a Pakistani-American, spent hours detailing the formulation of the attacks and Rana's alleged help in providing cover for his surveillance activities in India.

Speaking so softly at times that attorneys had to remind him to speak louder, Headley said he has been involved with Lashkar-e-Taiba for more than a decade, but he wasn't working with someone in the ISI until years later after he was arrested by tribal police near Afghanistan. It was then he said he met a major in the ISI and told him what he and Lashkar were planning.

This ISI major, Headley said, was "very pleased" with what he heard and asked if Headley would work with one of his ISI associates. Headley agreed and said he was released from custody. Headley soon received a call from a man he referred to during his testimony as "Major Iqbal," which the U.S. government says is an alias. Headley said he then met Iqbal in a safe house in Lahore, Pakistan and described his plans with Lashkar and his assignment to take videos of Mumbai in preparation of an operation.

Headley said ISI provided financial and military assistance to Lashkar, and he assumed they worked under the same umbrella. He said Iqbal and his Lashkar handler, Sajid Mir, were in communication, but he would meet with them separately in Pakistan. Headley said when he would take videos of sights in Mumbai, he would first share them with Iqbal and then with Mir.

"All these things I discussed with Major Iqbal, I went over it with Sajid again," Headley told jurors.

Before moving to Mumbai in late 2006, Headley said he first came to Chicago, met with Rana and explained the plot in hopes of persuading Rana to let him open a branch of his immigration services business as a cover. With Rana's help, Headley said he set up an immigration consulting business in Mumbai and secured work visas to travel in and out of India..

Rana, a Canadian citizen who has lived in Chicago for years, has pleaded not guilty in the case. His name is the seventh one on the federal indictment, and the only defendant in custody. Among the six others charged in absentia are Mir and Iqbal.

Rana is also accused of helping arrange travel and other help for Headley, who planned a separate attack that never happened on a Danish newspaper, which printed cartoons of Prophet Muhammad that angered Muslim.

Headley and Rana, both 50, met as classmates at a prestigious military boarding school in Pakistan and have stayed in touch. Defense attorneys told jurors their client was taken advantage of by his friend and did not know what was in store. But Assistant U.S. Attorney Sarah Streicker said Rana was not duped and knew of the plans, both in Mumbai and Denmark.

Defense attorneys were expected scrutinize Headley's credibility as a witness, saying he has been motivated to change his story and that he was working for the U.S. government even as he said he was working for Lashkar and ISI.

Headley, born Daood Gilani in the U.S., has also been an informant for the U.S. Drug Enforcement Administration after a drug conviction.


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Judge voids Wisconsin collective bargaining law (AP)

By SCOTT BAUER and TODD RICHMOND, Associated Press Scott Bauer And Todd Richmond, Associated Press – Thu May 26, 10:15 pm ET

MADISON, Wis. – The fight over stripping collective bargaining rights from Wisconsin's public workers will move into the state Supreme Court, and possibly back into the Legislature, after a judge ruled Thursday to strike down the law that passed despite massive protests that paralyzed the Capitol.

Republican backers of Gov. Scott Walker's proposal said they were confident the state Supreme Court would overturn the judge's ruling that the law is void because lawmakers broke open meetings statutes during the approval process. She had temporarily blocked the law shortly after it passed in March.

The Supreme Court was scheduled to hear arguments in the case on June 6. Republicans who control the Legislature also could pass the measure a second time to avoid the open meeting violations.

Still, Democrats and union leaders who helped organize protests against the measure that grew to as large as 85,000 people praised the victory, even if it could be fleeting.

"It tells legislators `You can't be arrogant,'" said Marty Beil, executive director of the state's largest public employee union. "You have to do it in the light of day. You can't take stuff away from people in a backroom deal."

Mary Bell, president of the state's largest teachers' union, said she hoped the judge's ruling would lead to lawmakers reconsidering passing the law again.

"It is not in the best interest of students, schools or Wisconsin's future to take the voices of educators out of our classrooms," Bell said in a statement. "We've seen how this issue has polarized our state."

The last time the Legislature took up the issue, tens of thousands of protesters, including many teachers, descended on Madison in a futile attempt to persuade lawmakers to reject the proposal. The protests lasted for weeks and made Wisconsin the center of a national debate on union rights. Meanwhile, all 14 Democratic senators fled to Illinois to prevent a 20-member quorum to pass the bill. Senate Republicans eventually called a special committee meeting with roughly two hours' notice so it could amend the bill to take out spending items to avoid the quorum requirement.

Dane County Circuit Judge Maryann Sumi noted in her ruling Thursday that the open meetings law typically calls for 24-hours' notice of meetings, or, in cases with just cause, two hours. Sumi said nothing justified such short notice and declared the law void.

"Our form of government depends on citizens' trust and confidence in the process by which our elected officials make laws, at all levels of government," she wrote.

The Legislature's budget committee's Republican co-chairs reacted by labeling Sumi an "activist" judge. Sumi was appointed to the bench by former Republican Gov. Tommy Thompson.

Walker pushed for the law as a way to help balance the state budget that was projected to be $3.6 billion short when he introduced the proposal in February. Walker was counting on the savings to help blunt the impact of more than $1 billion in aid cuts to schools and local governments he's calling for in his budget, which could be ready to be debated in the Senate and Assembly in mid-June.

Walker's spokesman Cullen Werwie said the governor would have no comment. Walker told the Milwaukee Journal Sentinel that he would discuss his options with the state's attorneys, but whether there's an attempt to pass the bill again in the Legislature will depend largely on what the Supreme Court does.

Wisconsin Department of Justice executive assistant Steve Means said Sumi's ruling was disappointing and that he was confident the Supreme Court would overturn the decision. The Justice Department argued that the lower court judge had no authority to block enactment of a bill passed by the Legislature.

Ismael Ozanne, the Dane County district attorney who argued for striking down the law, said he was now focused on preparing for the Supreme Court arguments.

On Wednesday, the day before the ruling, the Justice Department sent Sumi a letter urging her to consider recusing because she appears biased against the Republicans. The agency pointed to a brief she filed with the Supreme Court outlining her belief that she has the authority to void a law if the open meetings law was violated during its passage, saying she shouldn't have set out her position before she issued a decision.

A message left at Sumi's chambers Thursday wasn't immediately returned.

The collective bargaining law called for public workers at all levels, from janitors at the state Capitol to local librarians, to contribute more to their pension and health care costs, resulting in savings to the state of $300 million through mid-2013. The law also strips them of their right to collectively bargain any work conditions except wages. Police and firefighters are exempt.

___

Associated Press writer Jason Smathers contributed to this report.


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Serb court says Mladic fit for genocide trial (Reuters)

BELGRADE (Reuters) – Ratko Mladic is fit enough to face genocide charges in The Hague, a Belgrade court ruled on Friday, after the Bosnian Serb wartime general's son said he appeared too frail after more than 15 years on the run.

The court said Mladic, arrested Thursday in a Serbian village, had until Monday to appeal against extradition to the international criminal court to be tried over a massacre in Srebrenica and the siege of Sarajevo during Bosnia's 1992-5 war.

European officials hailed his capture, at a farmhouse belonging to his cousin, as a milestone on Serbia's path toward the European Union and said they expected his extradition within 10 days.

His son, speaking after what he said was his first meeting with his father in years, said he was too ill.

"We are almost certain he cannot be extradited in such condition," said Darko Mladic. "He is in very bad shape. His right arm is half paralyzed. His right side is partly numb."

The once burly and aggressive Mladic, 69, moved slowly and with a slight limp when he appeared before an investigative judge at the special war crimes court in Belgrade Thursday.

Mladic's lawyer later told reporters the court had halted the questioning because his client was "in a serious condition. He is hardly responsive." An official described him as looking disoriented and tired.

"Dead man arrested," ran several Serbian newspaper headlines Friday, with a picture showing a pale and wizened Mladic, the last of the three men accused of instigating ethnic cleansing during the 1992-95 war in Bosnia to be held accountable.

Officials say Mladic has high blood pressure, heart disease and a kidney stone and his son said he had suffered strokes which had left two scars on his brain, although he said his father recognized the family and knew he was in detention.

Judge Maja Kovacevic said the medical team had determined that he was fit for further proceedings. "Mladic's lawyer was delivered the extradition papers and he has until Monday to appeal," she said.

NO RESISTANCE

Mladic's lawyer Milos Saljic said he would appeal against the extradition Monday and insisted that Mladic could not be handed over to The Hague until his health was stable.

"He must be provided with adequate treatment before the extradition," he told reporters.

Rasim Ljajic, the Serbian minister in charge of the search for fugitive war criminals, said Mladic, often quoted declaring, "The Hague will not see me alive!" had not resisted arrest.

"Mladic had two loaded guns he did not use," Ljajic said.

"Mladic was dressed in several layers of clothes, he was hardly recognizable, he was not attracting attention. He looked pale as if he hadn't left confined spaces for a very long time," he said on Serbian television.

The deputy war crimes prosecutor said the court would continue to question the general, accused of orchestrating the brutal 43-month siege of the Bosnian capital and the massacre of 8,000 Muslim men and boys in the town of Srebrenica in 1995.

European Union foreign policy chief Catherine Ashton said she expected Mladic to be extradited to the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague within nine or 10 days.

Mladic, whose Bosnian Serb Army was armed and funded by the late Serbian president Slobodan Milosevic, is still seen as a hero by many Serbs. Milosevic died in 2006 while on trial in The Hague for war crimes.

Nationalists in Serbia, which was under international sanctions over the war in Bosnia and then bombed by NATO to stop atrocities in Kosovo in 1999, condemned the arrest as a blow to national interests.

MASSACRE

Several dozen rallied in Belgrade to protest, clashing briefly with police who dispersed them from the main square and the authorities increased security in certain areas of the country, including around foreign embassies.

The arrest may have come too late to place Mladic jointly on trial alongside former Bosnian Serb political leader Radovan Karadzic, the Yugoslavia tribunal's prosecution office said, since doing so would delay the Karadzic trial.

Mladic was indicted in 1995 together with Karadzic, who was arrested in July 2008 and went on trial in October 2009.

"Dr. Karadzic is sorry for General Mladic's loss of freedom. He looks forward to working with him to bring out the truth about what happened in Bosnia," Peter Robinson, one of Karadzic's legal advisers, told Reuters by email.

Russia, which vehemently opposed the 1999 NATO bombing of Milosevic's Serbia and has accused the West in the past of bias against Bosnian Serbs, called for a fair trial for Mladic.

"We are counting on the upcoming judicial process to be fair and unprejudiced and not to be used with the aim of artificially dragging out the activity of the (ICTY)," the Russian Foreign Ministry said in a statement.

The tribunal is scheduled to close down in 2014.

Bosnian Muslim survivors expressed mixed feelings.

"This represents a small bit of justice for my heart, my soul and my pain," said Sabaheta Fejzic, 55, who lost her only son, her husband and many other male relatives in the massacre.

"It's long overdue but better than never. This is, in the end, a good move and it will work toward reconciliation," Bosnian Foreign Minister Sven Alkalaj said.

Former U.S. President Bill Clinton, whose administration brokered the deal that ended the Bosnian war, said: "The capture of Ratko Mladic enables the Bosnian people to close another chapter of one of the most terrifying conflicts of our time.

"As the military commander who systematically carried out brutal atrocities and mass murder, Mladic will finally be held accountable -- to Bosnia and the world," Clinton said.

(Additional reporting by Adam Tanner in Rabat, Aaron Gray-Block in Amsterdam and David Brunnstrom in Brussels, Daria Sito-Sucic in Sarajevo and Steve Gutterman in Moscow; writing by Philippa Fletcher; editing by Ralph Boulton)


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Defendant in 4 Calif killings pleads not guilty (AP)

SAN RAFAEL, Calif. – A man charged with killing four Northern California women with matching first and last initials pleaded not guilty Friday to four counts of murder with special circumstances that could bring the death penalty.

Joseph Naso, 77, who is acting as his own attorney, entered the plea in a Marin County courtroom then asked for the case against him to be thrown out.

In filing the dismissal motion, Naso addressed what prosecutors have put forward as key evidence linking him to the deaths — hundreds of photographs of women in various sexual poses.

"There were no photos in the defendant's home that show women in forced posing, forced bondage or being deceased," Naso said, reading glasses perched on his nose. "All the women were posed under free will."

The four victims in the case were killed in the 1970s and 1990s. All had matching initials: Carmen Colon, Roxene Roggasch, Pamela Parsons and Tracy Tafoya.

Naso is also being investigated for possible links to New York's "Double Initial Murders" of three girls, each with matching initials, in the early 1970s.

Naso was arrested in April after a yearlong investigation spurred by the discovery by a parole officer of hundreds of photographs, some of women in bondage and other poses, and journals.

Margaret Prisco and Thaddeus Iorizzo, two former neighbors of Naso, were interviewed by detectives then told The Associated Press the journals contained torture fantasies and lists of names of women.

Naso said Friday that nowhere in the evidence were the "names, descriptions or the intended fate" of the four women that he is charged with murdering.

Shackled and wearing red-and-white jail clothes, Naso then calmly asked for his release.

Prosecutors will file a reply to Naso's request and the judge will make a ruling.

A preliminary hearing was scheduled for July 11, when prosecutors will present the bulk of their evidence so the judge can rule if there is enough to send Naso to trial.


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Sunday, May 29, 2011

Casey Anthony cries as trial starts in Orlando (AP)

ORLANDO, Fla. – A Florida mother charged with killing her 2-year-old daughter began crying Tuesday as a prosecutor gave opening statements in the first-degree murder trial.

Casey Anthony wiped away tears as prosecutor Linda Drane Burdick began describing the last day the toddler, Caylee Anthony, was seen by her grandparents. Casey Anthony, 25, has pleaded not guilty and says a baby sitter kidnapped the girl, who was missing for a month before the police were alerted by Casey's mother.

If convicted, Casey Anthony could face the death penalty.

Drane Burdick offered a timeline of Casey Anthony's whereabouts based on cell phone records. The timeline stretched from the time Caylee was last seen by her grandparents on Father's Day on June 15, 2008, until her remains were discovered by a meter reader in woods near her home in December 2008. Jurors were shown images on a screen of a photo of Caylee taken on Father's Day alongside an image of the little girl's skeletal remains.

"It is time to tell the story of a little girl named Caylee," Drane Burdick said

Casey Anthony waited a month before telling her mother that Caylee had disappeared, and only after her parents, George and Cindy, recovered from the towing lot a car with a foul odor that Casey Anthony had been driving.

Drane Burdick asked jurors, between descriptions of how Casey Anthony spent her days shopping, visiting friends and hanging out with her boyfriend with no signs of her daughter, "Where is Caylee Marie Anthony?"

The prosecutor described Casey Anthony's appearance as a hardworking single mother as false.

"Casey Anthony ... appeared to be ... a loving mother, trying to provide support for her daughter," Drane Burdick said. "But as the evidence in this case will show, that was an illusion."

The trial has attracted national attention and dozens of people lined up in the early morning hours to be one of the few spectators allowed into the courtroom. Television personalities Geraldo Rivera and Nancy Grace sat in the courtroom gallery.

Brett Schulman, a 51-year-old professional poker player, arrived at the Orlando courthouse at 4 a.m. to snag the first spectator seat.

"It's the largest case in central Florida history," Schulman said. "And it's in my backyard."

___

Associated Press writer Mike Schneider contributed to this report.


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US lawyer cites WWII-era mistakes on internment (AP)

WASHINGTON – Nearly 70 years after the Supreme Court upheld the internment of Japanese-Americans during World War II, the government's top high court lawyer says one of his predecessors concealed critical information that could have tipped the cases.

In a distinctly 21st century way of acknowledging a serious mistake from long ago, acting Solicitor General Neal Katyal posted a remarkable entry on the Justice Department's blog saying the solicitor general at the time, Charles Fahy, acted dishonorably in defending the convictions of Gordon Hirabayashi and Fred Korematsu for violating an order to report to an internment camp.

The solicitor general is often referred to as the 10th justice, a recognition of the office's frequent interactions with the court and the special trust the justices place in the government lawyers' arguments.

"It's a nice gesture, but long overdue," said Peter Irons, a political scientist and civil rights lawyer who spearheaded the drive on behalf of Hirabayashi and Korematsu.

Fahy did not inform the justices of a key report from the Office of Naval Intelligence that "found that only a small percentage of Japanese-Americans posed a potential security threat, and that the most dangerous were already known or in custody," Katyal wrote in the blog.

Fahy, who died in 1979, also neglected to tell the court that information that Japanese-Americans "were using radio transmitters to communicate with enemy submarines off the West Coast had been discredited by the FBI" and the Federal Communications Commission, Katyal wrote. "And to make matters worse, he relied on gross generalizations about Japanese-Americans, such as that they were disloyal and motivated by `racial solidarity.'"

Both convictions were overturned in the 1980s, Congress apologized for the treatment of Japanese-Americans and the government paid reparations to those who were interned and their heirs.

The information presented by Katyal is not new, though it is not widely remembered. The federal district judge who overturned Korematsu's conviction relied on internal government documents that showed that Justice Department lawyers at the time worried about concealing the information from the Supreme Court.

Irons dug up those documents while researching a book on the internment cases. He remembers being struck by the strong language in a lawyer's memo calling the damaging assertions about the Japanese-Americans "lies."

Yet when Fahy stood before the justices, Irons said, he told them "he stood by 'every sentence, every line and every word'" in an intelligence report that already had been debunked.

Katyal's post may be the first time a Justice Department official has spoken so candidly about the mistakes of a predecessor.

He said he was writing to stress the "duty of absolute candor in our representations to the court."

Katyal was to speak at a Justice Department ceremony Tuesday honoring Asian Americans and Pacific Islanders.


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What Does Jared Loughner's Competency Hearing Mean? Three Experts Weigh In (Time.com)

At a competency hearing Wednesday afternoon, a federal judge ruled Jared Loughner incompetent to stand trial. Loughner, who faces 49 federal charges, is the suspect in a January 8 shooting massacre in Tuscon that left six dead and 14 wounded, including Congresswoman Gabrielle Giffords. Wednesday's ruling will send Loughner to a federal mental-health facility for treatment in an effort to restore his competence. He will be re-evaluated at a competency hearing in September.

(MORE: Loughner found unfit to stand trial.)

To better understand what this means for his case, NewsFeed spoke with three different legal experts. Daniel Gitner is a current partner at Lankler Siffert & Wohl and former Chief of the General Crimes Unit at the U.S. Attorney's Office for the Southern District of New York. Gabriel Chin is a professor of law at the University of Arizona. Stephen Morse is a professor of Law in Psychiatry at the University of Pennsylvania.

What does "unfit to stand trial" mean?

Gitner: It means the defendant cannot consult in a rational way with a lawyer to aid in the defense of the case and the defendant does not have a rational understanding of the charges that he or she is facing, the meaning of the charges and the meaning of the proceeding.

Morse: It demeans the dignity of the criminal trial process to try somebody who doesn't understand what's happening. There's too much risk of erroneous wrongful conviction if he's too out of it.

(PHOTOS: Messages for the Tucson victims.)

What happens next?

Morse: If the defendant is found incompetent to stand trial - and Loughner was virtually everywhere - he is going to be committed to a secure medical or psychiatric facility for the purpose of restoring competence to stand trial.

Chin: In a case like this the government will put whatever resources and time as are necessary to restore this person to competency if it's possible to do so.

Can they medicate him as a way to restore competence?

Morse: The Supreme Court has held that under certain limited conditions people who are unfit to stand trial can be forcibly medicated solely for the purpose of restoring trial competence.

Chin: The Ninth Circuit has held that you can't forcibly medicate someone in order to restore them to competency unless government interests are at stake and it will further those interests. It's substantially likely to render him competent and substantially unlikely that side effects could interfere with the fairness of the trial. If it's medically appropriate and if it's the last resort then it is permissible.

(PHOTOS: Mourning the victims of the Arizona shootings.)

If he's found unfit to stand trial at his follow up hearing in September, where does the case go from there?

Morse: If the mental health professionals think they can restore him they're entitled to "reasonable time" to do so. But you heard it here first - Jared Loughner is going to be restored to competence and tried. Nationwide most defendants initially found incompetent can be restored in about six months.

How does this differ from an insanity plea?

Gitner: Incompetent to stand trial means the defendant doesn't have an ability to consult rationally with his lawyer and to aid the defense of the case or to understand the charges they're facing. Legally insane is when somebody claims that they are incapable to determine the difference between right and wrong at the time they committed the crime.

Morse: Rationality can be very context-dependent. The question that we're asking for incompetence to stand trial is does he understand what's happening to him and can he help the person who's trying to help him. The issue with legal insanity is was he responsible at the time of the crime in the past. It's a retrospective mental state evaluation as opposed to a current mental state evaluation.

So Loughner could be legally sane but unfit to stand trial?

Morse: Absolutely. If he is actually tried it would mean he is competent and he may be found to have been not responsible at the time of the crime. In the alternative, it may have been that he was in fact perfectly responsible for himself at the time of the crime but he's deteriorated since and is now incompetent to stand trial.

(PHOTOS: The world of Jared Lee Loughner.)

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Wrecker: Anthony's car smelled of decomposition (AP)

ORLANDO, Fla. – The manager of a towing yard where Casey Anthony's car was kept for more than two weeks during the summer of 2008 testified at her murder trial Friday that he smelled an odor coming from her car consistent with decomposing bodies he'd smelled in the past.

Simon Birch was the strongest prosecution witness of the morning. The state also showed a series of videos of the Florida mother accused of killing her 2-year-old daughter going on a shopping spree over several days in late June and early July 2008.

Prosecutors have been portraying Anthony as carefree and cheerful in the weeks after the child, Caylee, was last seen in June 2008, hanging out with friends and hitting the clubs. Caylee Anthony was reported missing a month later and her remains were found that December.

Anthony, 25, has pleaded not guilty to first-degree murder. Prosecutors contend she suffocated Caylee with duct tape. Anthony's defense team says the child drowned accidently in a family pool. If convicted, she could be sentenced to death.

Birch said he'd spent 30 years in the towing business as well as two years in waste management, and had come across deceased bodies at least eight times. He said he first noticed the smell coming from Anthony's' car on the fourth day her 1998 Pontiac was parked on his yard. The car had been towed after spending four days in an Amscot parking lot. It stayed there from June 30 to June 15, when Anthony's parents retrieved it.

"In my opinion and experience, the smell of decomposition is unique in comparison to rotten food or rotting garbage," Birch said.

The defense argued in its opening statement that the smell was actually from a bag of trash Anthony left in her car.

"The instant flash in my mind was `Oh, I know what that smells like,'" Birch said about noticing the odor.

Mallory Parker, the fiancee of Casey Anthony's brother Lee, was called to the witness stand by prosecutors. She described how she and Lee searched for Casey in Orlando bars in the summer of 2008 when her family hadn't seen her in many days.

But Parker also said that Anthony had a special bond with her daughter and at one point broke down in tears under cross examination when attorney Jose Baez asked here to describe the relationship between them.

"It was amazing," Parker said.

Casey wiped away tears during Parker's testimony.

Anthony's former boyfriend Ricardo Morales testified Thursday that she was cheery when she picked him and his friends up from the airport on July 15, 2008, about a month after authorities believe Caylee was last seen.

"She was the same as she always was," Morales said of Casey's demeanor the day before her initial arrest. "Happy. Smiling. Just as usual. Same Casey."

Morales dated Anthony from February to April 2008. He also testified that Anthony and Caylee regularly stayed nights at his apartment during that same time period.


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Day off before Blagojevich lawyers mount defense (AP)

CHICAGO – Rod Blagojevich's attorneys have a day off to make final preparations before they begin mounting a defense at the former Illinois governor's corruption retrial.

Judge James Zagel has business unrelated to the case Tuesday. So he delayed the restart of the trial until Wednesday.

Defense lawyers have said they'll call their first witnesses Wednesday. But they haven't provided any names.

They describe their witnesses as prominent people who've been subpoenaed previously.

That means the witnesses could include Chicago Mayor Rahm Emanuel. Emanuel hasn't been accused of wrongdoing. But his name came up often in government testimony.

Defense attorneys have left open the possibility of calling Blagojevich himself. But they may wait to decide that until others take the stand first.

Blagojevich faces 20 charges. He denies any wrongdoing.


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Saturday, May 28, 2011

Ex-Nvidia analyst admits insider trading charge (Reuters)

NEW YORK (Reuters) – A former Nvidia Corp financial analyst pleaded guilty on Friday to a criminal charge in the U.S. probe of insider trading at expert networking firms and hedge funds.

Sonny Nguyen, 39, told U.S. District Judge Jed Rakoff in New York at the plea proceeding that in 2007 and 2008 he tipped former Primary Global Research consultant Winifred Jiau about chipmaker Nvidia's quarterly financial results before they were announced to the public.

Jiau, a former technology consultant with Primary Global in California, is scheduled to go on trial before the same judge on June 1. Nguyen, who was released on $100,000 bond, is expected to testify at the trial, the court heard.

Nguyen is among at least 14 people who have been charged in the investigation of expert networking firms that match investment managers with public companies.

Nguyen pleaded guilty to a charge of conspiracy to commit wire fraud and securities fraud.

"I provided material nonpublic information to my co-conspirators ... about Nvidia Corporation quarterly financial results and in exchange I received similar stock tips," Nguyen told the judge.

He identified two co-conspirators: Winifred Jiau and Stanley Ng. It was not immediately clear who Ng is.

Santa Clara, California-based Nvidia said in a statement that it put Nguyen on administrative leave after the company was told he intended to admit to involvement in the case.

"He has now resigned. This was a clear violation of law and our company policies," the Nvidia statement said. "We continue to cooperate fully with the New York U.S. attorney's office and the FBI."

Court records indicate that later on Friday a hedge fund manager, Samir Barai, is expected to plead guilty to charges of trading on illegal tips provided by Jiau.

The case is USA v Jiau et al, U.S. District Court for the Southern District of New York, No. 11-161.

(Reporting by Grant McCool; Editing by Phil Berlowitz)


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Explorers tussle with Spain over treasure in court (AP)

ATLANTA – Florida deep-sea explorers are asking a federal appeals court to overturn a judge's ruling that 17 tons of treasure recovered from a sunken Spanish galleon belongs to Spain.

The Tampa-based Odyssey Marine Exploration is asking a three-judge panel of the federal appeals court in Atlanta to give it the rights to an estimated $500 million in silver coins and other artifacts salvaged about four years ago.

The federal judge in Tampa ruled in 2009 that Spain is the rightful owner of the treasure from a ship that's believed to be the navy frigate Nuestra Senora de las Mercedes y las Animas.

Odyssey counters that it is entitled to most of the loot because historical records show the vessel was on a commercial mission when it sank under fire in 1804.


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Crystal Cathedral to file bankruptcy exit plan (AP)

GARDEN GROVE, Calif. – The Crystal Cathedral megachurch was set to file plans Friday with a Southern California bankruptcy court to wipe out millions of dollars in debt by selling its campus and famous soaring, glass-spired church to a real estate investment group, its bankruptcy attorney said.

The church plans to lease back most of its core buildings under the plan, so worshippers and visitors won't notice any changes in services or outreach. The church's popular, decades-old televangelist program "Hour of Power" broadcasts will also continue, the church said.

"The ministry is going to continue in the same place, in the same buildings," said Marc Winthrop, the attorney. "It's just that we had to go through a financing transition to get rid of the debt."

The plan, which must still be approved by a judge, will erase the cathedral's $36 million mortgage and wipe out almost all of the $10 million in unsecured debt, including $7.5 million owed to vendors, Winthrop said. The deal would give the ministry a 15-year leaseback guarantee on the core church campus and a four-year option to buy it back at a fixed rate, he said.

The church would have to be out of the Family Life Center, which holds administrative offices and a private secondary school, after two years, he said.

Winthrop declined to name the investment group or the price of the deal before court papers are filed but said the buyers could develop the open spaces around the church, including large parking lots that surround the property.

The charismatic Rev. Robert H. Schuller got his start in Southern California preaching about the "power of positive thinking" from the roof of a concession stand at a drive-in theater as the nation's car culture began to boom.

Schuller soon turned his humble pulpit into one of the nation's first megachurches, beaming his weekly Sunday service into 1 million homes worldwide through the "Hour of Power" TV show, which went on the air in 1970. Schuller became a familiar presence on television, a smiling figure in flowing robes, with snowy white hair and wire-rimmed aviator glasses.

In 1980, he opened the Crystal Cathedral, a 2,900-seat see-through church made of 10,664 panes of glass. A $20 million architectural marvel designed by the acclaimed Philip Johnson, it became a major Southern California landmark and tourist attraction. Schuller soon added a K-12 school and a tourist center.

But his religious empire began to collapse in recent years after a disastrous attempt to hand over the leadership to his son, Robert A. Schuller, and a plummeting economy that took a bite out of viewer donations.

Donations declined by more than 20 percent the year before the church filed for bankruptcy in 2010 and its local congregation now stands at fewer than 5,000 people.

Before declaring bankruptcy on Oct. 18, the church laid off 250 of its roughly 450 employees, sold its beloved retreat center, cut salaries and canceled contracts with more than 100 TV stations nationwide. It also canceled its world-famous pageants and currently owes money to 550 creditors, including vendors who provided live animals, costumes and other props and services for the shows.

Sheila Schuller Coleman, Schuller's daughter and the church's senior pastor, said in a statement posted on the church's website late Thursday that the church had picked this restructuring plan from among several because it allowed vendors to be repaid immediately and put the church on solid financial footing to pursue a new vision, including global outreach to the poor.

"We need to rise up and be the hands of Christ to help a hurting world one neighborhood at a time. Reaching future generations with the positive message of Jesus Christ requires an outreach of love," she said in the statement. "I'm excited about what God is doing now and will be doing in the future through the Crystal Cathedral Ministries."


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Judge: Corporate donations ban unconstitutional (AP)

ALEXANDRIA, Va. – A judge has ruled that the campaign-finance law banning corporations from making contributions to federal candidates is unconstitutional, citing the Supreme Court's landmark Citizens United decision last year in his analysis.

In a ruling issued late Thursday, U.S. District Judge James Cacheris tossed out part of an indictment against two men accused of illegally reimbursing donors to Hillary Clinton's Senate and presidential campaigns.

Cacheris says that under the Citizens United decision, corporations enjoy the same rights as individuals to contribute to campaigns.

The ruling from the federal judge in Virginia is the first of its kind. The Citizens United case had applied only to corporate spending on campaigning by independent groups, like ads run by third parties to favor one side, not to direct contributions to the candidates themselves.

Cacheris noted in his ruling that only one other court has addressed the issue in the wake of Citizens United. A federal judge in Minnesota ruled the other way, allowing a state ban on corporate contributions to stand.

"(F)or better or worse, Citizens United held that there is no distinction between an individual and a corporation with respect to political speech," Cacheris wrote in his 52-page opinion. "Thus, if an individual can make direct contributions within (the law's) limits, a corporation cannot be banned from doing the same thing."

In court papers, prosecutors defending the law said overturning the ban on corporate contributions would ignore a century of legal precedent.

"Defendants would have the court throw out a century of jurisprudence upholding the ban on corporate political contributions, by equating expenditures — which the Court struck down in Citizens United — with contributions. This is, however, equating apples and oranges," prosecutor Mark Lytle wrote in his argument to keep the indictment intact.

Peter Carr, a spokesman for the U.S. Attorney in Alexandria, which is prosecuting the case against defendants William P. Danielczyk Jr. and Eugene R. Biagi, said Friday that the office is reviewing the ruling. Prosecutors have the option to appeal the ruling to the 4th U.S. Circuit Court of Appeals in Richmond.

Defense lawyers, though, said the implications of the Citizens United case are clear.

"Corporate political speech can now be regulated, only to the same extent as the speech of individuals or other speakers," Biagi's lawyer, public defender Todd Richman, wrote in court papers. "That is because Citizens United establishes that there can be no distinction between corporate and other speakers in the regulation of political speech."

Danielczyk, 49, and Biagi, 76, who live in the Washington suburb of Oakton, Va., allegedly reimbursed $30,200 to eight contributors to Clinton's 2006 Senate campaign, and reimbursed $156,400 to 35 contributors to the 2008 presidential campaign.

Cacheris, in his ruling, allowed most of the indictment against Danielczyk and Biagi to stand. If the government does not appeal Cacheris' ruling on the constitutionality of corporate contributions, the case is scheduled to go to trial in July.


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Rod Blagojevich, Ex-Governor, Testifies in Corruption Trial (Time.com)

After giving his wife Patti a quick peck on the cheek, Rod Blagojevich walked over to the witness stand at the Dirksen Federal Courthouse in Chicago and swore to tell the truth, the whole truth and nothing but the truth before the jury. Then he quickly introduced himself to those who would decide his fate. "I'm Rod Blagojevich. I used to be the governor ... I've waited two and a half years to be here to get my side of the story out. It's very liberating to answer all of your questions."

Before entering the courtroom on Thursday, May 26, Blagojevich, 54, had made a predictable scene outside, literally flexing his muscle by showing off his biceps to the waiting reporters, satisfying - for a moment - their quest for more details on one of America's most controversial political clowns. Then, taking his place at the witness stand - a spot he never appeared in at his previous, abortive trial for corruption - Blagojevich began a meandering testimony that had all the melodrama and filigree of a Lifetime movie. It began with his childhood and moved to his college years and beyond in a five-hour performance, one that was not finished by the time the court adjourned for the day. The intricacies were as crosshatched as the tie he wore. (See TIME's photo-essay "The Remarkable World of Rod Blagojevich.")

On trial for, among other things, allegedly trying to sell the U.S. Senate seat from Illinois that was vacated by Barack Obama when he was elected President in November 2008, Blagojevich - who was originally arrested Dec. 9, 2008 - detailed a life story that would have sounded hapless and comical had he not been elected governor of Illinois - all the while name-dropping everyone from former Chicago mayor Richard M. Daley to Donald Trump, Seinfeld co-creator Larry David and various actors and actresses and other celebrities.

Blagojevich joked about flunking drafting class in high school, his Little League baseball career that culminated in just one hit in 12 at bats, his failed dreams of playing Major League Baseball or in the National Basketball Association. He boasted of his love of reading volume after volume of the World Encyclopedia and Shakespeare - and then admitted to almost flunking out of law school several times. He said he worked as a shoeshine boy at the age of 9, labored on the Alaskan pipeline, ran deliveries for a pizza parlor and hauled beef at a meatpacking plant in Philadelphia. Blagojevich joked about loving to run mile after mile because he liked to stay in shape and had a "vain quality." And then he showed off his finish time at his first marathon, in 1984: 2 hr. 55 min. 30 sec. He admitted he was a disco-era guy who loved wearing polyester A la Saturday Night Fever while attending Northwestern University in the 1970s. (See the 25 crimes of the century.)

Blagojevich's testimony was littered with mentions of some 50 celebrities - not all contemporaries. He cited historical figures like George Washington, who "taught me not to tell a lie." Grinning, Blagojevich joked about having a "man crush on Alexander Hamilton." Then he noted one of his odd jobs, at a gym in Malibu, Calif., where he saw the likes of Farrah Fawcett, Olivia Newton-John and Michael Landon.

And all of this while testifying in his own defense. His attorney Aaron Goldstein seemed to encourage him to admit to his foolishness. "Are you still in [the disco] era when it comes to hair?" Goldstein asked. Blagojevich replied, "Those habits start early in life, and that hasn't changed." Indeed, his helmet of Presley-like hair, rivaled only by Donald Trump's, seemed to be assiduously preserved.

Everything the ex-governor said seemed to dovetail with his defense strategy in his previous trial - which led to a hung jury and the federal government's decision to not pursue charges against his co-defendent, his elder brother Robert. The core of that strategy was that Rod Blagojevich liked to talk a good game but was not competent or capable enough to carry out any of his intentions, as corrupt as they may have sounded.

See how Rod Blagojevich's defense fund grew empty.

See the world's most influential people in the 2011 TIME 100.

Blagojevich was willing to be apologetic, acknowledging that the wiretap tapes the jury had already heard were littered with F bombs. He joked that his eldest daughter Amy blew him a kiss before he left for court Thursday morning and warned him, "Good luck, and watch your language." "So I'd like to apologize to the women and men for those terrible words, like when I saw the Senate seat as f------ golden," Blagojevich testified. "When I hear myself on tape swearing like that, I'm a f______ jerk, and I apologize for that."

Blagojevich then played on emotions by delving into his relationship with his wife. As he recalled his first meeting with Patti, who he said was wearing a red dress at a political fundraiser for her father on March 6, 1988, he began to choke up on the witness stand. Across the court from him, tears streamed down Patti Blagojevich's face as well. Judge James Zagel responded by asking the courtroom to take a break. "Oh, no, I'm O.K.," Blagojevich quickly said, all signs of emotion ceasing (though that seemed to make his wife cry more even more.) "No, let's take a break anyways," Zagel replied. (See the top 10 crime duos.)

For Blagojevich's defense team, putting the ex-governor on the stand doesn't come without risk - the biggest one being that he commits perjury. If that happens, it could bring on more charges and have a large impact on the sentencing guidelines and his potential sentence, according to Daniel Purdom, former assistant U.S. Attorney in Chicago. "If you call a defendant to testify, it allows the government to highlight its evidence and to make a second closing argument during cross-examination," says Purdom, a partner at Hinshaw & Culbertson, where he heads the white-collar-crime group. "He's going to be confronted with a lot of damaging statements and facts in addition to being asked a lot of tough questions he can't answer."

The prosecution's streamlined case has been drastically pared down from last summer's. The former governor, who was found guilty on just one of 24 counts in August 2010, now faces 20 charges, including the alleged attempt to sell Obama's Senate seat for campaign cash or a high-paying job. The prosecution, which rested after only two weeks (compared with six weeks last year), has narrowed its scope of testimony. The prosecutors included a PowerPoint presentation with pictures of witnesses and their titles to assist jurors. They also provided the panel with a binder containing a timeline of events.

The web of political linkages in the Blagojevich trial became manifest on Wednesday, May 25, when the witness stand was occupied by former White House chief of staff and newly elected Chicago mayor Rahm Emanuel and U.S Representative Jesse Jackson Jr., subpoenaed by the defense team. Both testimonies were so hostile and convoluted that they may in the end backfire.

Though he admitted he wanted the Senate seat, Jackson denied that he raised money for Blagojevich in an attempt to land it. The Congressman contributed an entertaining anecdote about the governor's snapping his fingers to emphasize that Jackson should have contributed money. For his part, during a five-minute appearance, Emanuel said no one had ever asked him, while he was a Congressman in 2006, to have his brother arrange a fundraiser for the governor in exchange for the release of a $2 million grant to a school in Emanuel's congressional district or to set up a nonprofit for Blagojevich to run in exchange for appointing Valerie Jarrett to Obama's Senate seat. Jarrett is now one of the President's chief advisers. (See how the Blagojevich brothers grew apart during their trial.)

Blagojevich's arcane assertions from the stand - including one about Obama, Pennsylvania and the veto of Illinois legislation - clearly wore the patience of the court. At one point, when the jury was not present, Zagel summed up Jackson's and Emanuel's testimonies by saying," Unfortunately, [Rod Blagojevich] just realized there is a difference in quid pro quo today. There is a difference in 'If you vote for my bill, I'll vote for your bill' and 'If you pay a large amount of money, I'll vote for your bill or I'll appoint your mother to the Supreme Court.' "

Blagojevich is expected to testify in his own defense and undergo cross-examination into the middle of next week. His defense chose not to put him on the stand in his previous trial - which ended in some success, with the hung jury. Some feel that despite the melodrama of his testimony, the former governor may be eliciting sympathy from the jury. However, it remains to be seen if making him speak this time is worth the risk at the end.

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Ex-IMF chief leaves guarded home for visit (AFP)

NEW YORK (AFP) – Dominique Strauss-Kahn, the former IMF chief accused of sexual assault, on Friday briefly left his Manhattan residence where he is under house arrest while on bail, witnesses said.

Strauss-Kahn and his wife, French journalist Anne Sinclair, left early in the day and returned shortly after 9:00 am (1300 GMT).

The New York Daily News said the former head of the International Monetary Fund left the $14 million Manhattan townhome shortly after 7:40 am to see a physician, but that the reasons were unclear.

Under his bail conditions, Strauss-Kahn is to leave the home only for medical, legal and court visits, or for religious services.

Strauss-Kahn moved late Wednesday into the rented luxury townhouse in Manhattan where he is living under strict house arrest until his trial. He was freed on a $6 million bail provided that he be guarded around the clock and wear a GPS monitoring device.

Strauss-Kahn must reappear in court on June 6, when he is expected to enter a formal plea of not guilty. If so, the case would move to trial later this year.

He was released on bail after spending nearly a week behind bars following his dramatic arrest, just hours after the alleged assault, as he was about to take off on an Air France plane for Paris.


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Friday, May 27, 2011

Fugitive Russian lawmaker living in Beverly Hills (AP)

WASHINGTON – A sensational dispute between Moscow billionaires with a storyline that rivals Hollywood has spilled across international borders: Surveillance photographs showed a fugitive Russian lawmaker living in Beverly Hills, Calif. Someone tried to hack into computers at his London law firm. And he filed a federal lawsuit in New York accusing his business rivals of trying to force him to return home.

Ashot Egiazaryan (Ah-shawt Yeh-gee-ah-zar-ee-AHN), who said he could be killed if he is forced to return to Russia, is fighting to remain in the United States despite a request by Interpol to have him arrested and deported. He came to the U.S. in early September and quickly filed a lawsuit in Cyprus and another in an arbitration court of appeal in London claiming that a politically connected group of Russian tycoons extorted him into surrendering his major stake in the historic Moskva Hotel. The multibillion dollar property sits a few steps from Red Square.

Since then, and after a published interview with The Associated Press in February, Egiazaryan said in court papers he has been subjected to continuing surveillance and a public relations smear campaign. Scotland Yard is currently investigating a report that someone tried to plant sophisticated spyware on a computer that belongs to one of his lawyers, according to a person briefed on the investigation.

Egiazaryan said the lucrative Moskva project was wrested from him in 2009 by prominent Russians including mining magnate Suleiman Kerimov, a billionaire and a member of the Russian senate, and Arkady Rotenberg, a wealthy businessman and the longtime judo partner of Prime Minister Vladimir Putin. At Egiazaryan's urging, the Cyprus court temporarily froze about $8 billion in stock owned by two of Kerimov's Cyprus-based companies, OAO Polyus Gold and fertilizer maker OAO Uralkali, one of the world's leading producers of potash. The freeze came at an awkward time for Kerimov, who was in the midst of efforts to build one of the world's largest mining empires.

The court rescinded the asset freeze earlier this year, saying Egiazaryan had waited too long after surrendering his interest in the hotel before filing his lawsuit.

Kerimov's lawyers and representatives have said the hotel deal was a routine, legitimate business transaction and disputed Egiazaryan's allegations.

After Egiazaryan filed his lawsuit in Cyprus, Russian law enforcement officials charged him with defrauding an investor in a posh Moscow shopping mall of $51 million, and Russia's lower house of parliament voted to strip him of his parliamentary immunity. At Russia's request, Interpol on May 6 issued a "red notice" seeking help in arresting him and returning him to Russia.

A spokesman for the Russian Embassy in Washington said that Moscow has turned over documents to the U.S. seeking Egiazaryan's extradition. But the U.S. and Russia have no extradition treaty, and U.S. officials must weigh the request against the lawmaker's claims that he risks losing his life and liberty if he returns to Russia.

The dispute is made for Hollywood, with an international hacker investigation and secret surveillance photos of Egiazaryan that he claims amount to harassment. Several photographs entered as evidence in a related federal court case to prove the 45-year-old lawmaker was living in the U.S. included pictures of him in his brother's back yard and a photo of him with a woman who isn't his wife.

In a hearing in U.S. District Court in Los Angeles in November, one of Egiazaryan's attorneys, Maurice Suh, said Egiazaryan's wife had received anonymous warnings that her husband's relationships with other women would be disclosed if he fought an effort to depose him in a Cyprus corporate lawsuit.

"The fact that we have a picture of Ashot Egiazaryan with a woman not his wife has caused significant harm to their marriage," Maurice Suh told the judge.

A spokeswoman for Akin Gump, the law firm that sought Egiazaryan's deposition, said the photographs were intended to prove that Egiazaryan was living in the United States and under jurisdiction of U.S. law.

Since then, the AP has learned, Scotland Yard is investigating a computer break-in at the offices of Egiazaryan's London barristers. An official briefed on the investigation confirmed the probe but would not provide details. The official spoke on condition of anonymity because he was not authorized to speak about an ongoing investigation.

Egiazaryan has fought back. He has filed an unusual federal lawsuit accusing a New York human rights activist of falsely portraying him as anti-American and anti-Semitic. The activist, Peter Zalmayev, declined to speak with The Associated Press. But his attorney, Mark Cymrot, said the lawsuit "does not appear to be a credible libel case" and seemed to be an attempt to intimidate his client. Cymrot said of Egiazaryan: "He's got other battles and somehow this fits within his strategy to shut Peter up."

In a magazine article, Zalmayev wrote that the lawmaker is fleeing prosecution rather than persecution. He also questioned Egiazaryan's decade-long association with an ultranationalist Russian political party whose flamboyant leader is well-known for his anti-American and anti-Semitic statements.

Zalmayev, who studied at Columbia University's School of International Affairs and Public Policy, is described on his organization's website as an expert on human rights in the former Soviet Union. He has written for the Huffington Post, among other publications, and appeared in interviews on CNN, BBC and other networks.

After Zalmayev contacted them, several other rights activists in the U.S. and Russia also wrote letters opposing granting Egiazaryan asylum. They later withdrew their letters after personal appeals from Egiazaryan's friends in Moscow, saying they didn't have all the information in the case.

Representatives of three U.S. rights groups have also signed letters opposing asylum for Egiazaryan to Homeland Security Secretary Janet Napolitano and the State Department's Office to Monitor and Combat Anti-Semitism.

Egiazaryan's immigration status is not clear. He told the AP months ago that he was considering applying for asylum in the U.S., but his lawyers have declined to say whether he has ever done so. The U.S. government is prohibited by law from disclosing whether it has received an asylum request.

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Associated Press writer Raphael Satter in London contributed to this report.


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APNewsBreak: NYT reporter subpoenaed in CIA case (AP)

ALEXANDRIA, Va. – Federal prosecutors issued a subpoena for a New York Times reporter to testify about classified documents he allegedly received from a former CIA operative who is charged with illegally leaking the information.

In a court filing late Monday, prosecutors in the Eastern District of Virginia said they expect the reporter, James Risen, will try to quash the subpoena. Risen has not cooperated in the case against ex-CIA employee Jeffrey Sterling, a resident of O'Fallon, Mo.

A judge previously quashed a subpoena issued to Risen earlier in the case. But prosecutors say Risen's testimony would be relevant to a jury, and that reporters enjoy no special privilege under federal law to avoid testifying.

"Mr. Risen is an eyewitness to those crimes. Mr. Risen's testimony, like that of any other citizen in his situation, should therefore be admitted to permit the jury to carry out its truth-seeking function," prosecutors from the Department of Justice and the Eastern District of Virginia wrote in a court filing seeking to compel Risen's testimony at trial.

Prosecutors allege Sterling was a source for Risen in a book about CIA operations in Iran.

A spokesman for U.S. Attorney Neil MacBride in the Eastern District of Virginia referred calls to the Justice Department, where DOJ procedures require the attorney general himself to sign off on subpoenaing a journalist.

Justice Department spokeswoman Laura Sweeney said in a statement that the department makes "every reasonable effort to attempt to obtain information from alternatives sources before even considering a subpoena to a member of the press, and only seeks information essential to directly establishing innocence or guilt."

Sterling's lawyer, Edward MacMahon, expressed frustration Tuesday that the prosecutors' motion delved into topics that previously had been under seal.

"Everything in that motion has previously been considered classified," MacMahon said. "Ultimately this is an issue between Risen and the U.S. government."

The government's motion is actually the first time in the case that Risen was mentioned by name. The indictment referred to him only as "Author A." The judge in the case, Leonie Brinkema, has prodded the government to lift much of the shroud of secrecy in the case so it can be efficiently prosecuted in open court.

Risen's lawyer, Joel Kurtzberg, confirmed that Risen received the subpoena Monday night and again will ask the judge to quash the subpoena. He declined further comment.

A New York Times spokeswoman did not immediately return a call seeking comment.

Sterling, who is black, has a long, contentious history with the CIA. He filed a racial discrimination complaint with the agency's Equal Opportunity office in 2000 and followed that up with several federal lawsuits.


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Advocates: Retain evidence in military rape cases (AP)

WASHINGTON – The military too quickly destroys records from the hundreds of rapes and sexual assaults reported confidentially each year, say victims' advocates and some members of Congress.

They say the practice can hamper successful disability claims by victims or the prosecution of offenders. They want the military to preserve and centralize all reports of rape, assault or harassment.

One blanket, consistent rule that ensures all such records are kept, they say, would put an end to a common complaint from victims that paperwork is lost or hard to find. The branches have inconsistent policies as to how long and where sex crimes records are kept, which can lead to a bureaucratic mess for victims later seeking them.

The advocates are particularly concerned about what happens when a victim files a confidential report — a special category in the military that allows a victim to report an incident but not trigger an investigation. Any evidence of a sexual attack, including a medical rape kit, is destroyed after one year, unless the victim withdraws the confidentiality within that time. That means a suspect probably cannot be prosecuted after a year.

The defense budget expected to come up for a vote in the House this week includes a provision written by Reps. Niki Tsongas, D-Mass., and Michael Turner, R-Ohio, that would force the military to save all such records and make them accessible to victims. Bills with similar provisions are pending in the Senate.

"To me, there's no good reason to throw things away if you want to have an open policy and make sure that people are able to access their own records or provide these records to a future prosecution," said Sen. Amy Klobuchar, D-Minn., a former prosecutor.

Cynthia O. Smith, a Defense Department spokeswoman, said in an email to The Associated Press that when the confidential option was created it was decided "after much deliberation" that the military would destroy such evidence in the confidential cases after one year due to "long-term storage limitations by its law enforcement agencies, as well as for evidence viability reasons."

"It is important to remember that reports are only handled in this fashion if the victim chooses the restricted reporting option" because the victim "does not want it to be investigated and reported to command and law enforcement," Smith said.

Because of changes in DNA technology and "evolving victim needs," Smith said the military is formulating new rules on storing records. She declined to elaborate or comment on the pending legislation.

After a sexual harassment case is closed, the Navy maintains the paperwork for three years. Other branches keep such records only two years, Kaye Whitley, director of the military's sexual assault and prevention office, told Congress last year in written testimony.

The branches also have varying policies about where they keep a form that indicates whether the victim wanted to file a confidential report or not. The Army and Air Force keep it at the base where the attack was reported, the Navy enters it into an electronic database, and the Marines move it after three years from the base where it was reported to headquarters.

Victims have long complained about the difficulty in obtaining disability compensation from the VA for health problems stemming from such an attack, and the inability to find related paperwork is a reason.

The case of a 54-year-old female veteran who was raped and experienced other sexual assaults during her time in the Army in the late 1970s is typical in that she didn't realize she needed help until her life spiraled downward and she was living in the streets in a car, advocates say. Each time she'd flip through her hundreds of pages of paperwork, she said, she'd have panic attacks because it brought back painful memories. It took more than a decade of attempts, but she was recently awarded more than $80,000 in retroactive payment from the VA with the help of lawyers from the Inner City Law Center in Los Angeles

"It's been a nightmare between trying to receive treatment and get help and then being able to properly file my claim," the woman said. The AP generally as a policy does not name rape victims.

Exactly how many rape victims have had their claims denied isn't known, though a VA spokesman said that last year that two-thirds of claims for post-traumatic stress disorder stemming from sexual trauma in the military were denied. It's not clear how many of those were due to records being destroyed.

To assist those who were raped in the military with a claim, the VA allows victims to submit circumstantial evidence, such as treatment for a sexually transmitted disease or testimony from someone the victim confided in about the attack. The California woman, for example, was able to show she'd received psychiatric help after the time of the rape.

Even then, it's challenging to obtain compensation, said Elly Kugler, who works at the Inner City Law Center. Of the more than 40 military sexual trauma cases she and her colleagues have worked for veterans who served from the 1970s to the present, not one has been able to find copies of paperwork directly related to the attack — even for those who say they reported it to military authorities, she said.

"It's especially frustrating for someone who knows that she took that brave step of making a report to someone and yet she cannot find it anywhere," Kugler said. "If there could be someplace where those restricted reports would be available to the person who was a survivor of that assault, it would be incredibly helpful to that person. Because it's likely not something that would pop up anywhere else in their military records."

Because many victims never report a rape or assault, the military in 2005 established the confidential or "restricted" reporting options with the hope that some victims would come forward who otherwise wouldn't. No investigation is conducted in such a report, but the victim can receive medical care and counseling. In the 2010 fiscal year, 882 "restricted" reports of sexual assault were filed. In 15 percent of those cases, the victim later decided to press charges against the attacker.

Joy Ilem, deputy national legislative director at Disabled American Veterans, said while there have been improvements in the system, there still doesn't appear there is a clear mandate about how such paperwork is supposed to be handled by the military.

"If they want to protect people and do right by people assaulted, they need to get it squared away and do it uniformly with each military service," Ilem said.

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Online:

DOD Sexual Assault and Prevention Office: http://www.sapr.mil/

Disabled American Veterans: http://www.dav.org/

_____

Kimberly Hefling can be reached at http://twitter.com/khefling.


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Wednesday, May 25, 2011

FBI: 5.5 percent drop in violent crime (AP)

WASHINGTON – Crime levels fell across the board last year, extending a multi-year downward trend with a 5.5 percent drop in the number of violent crimes in 2010 and a 2.8 percent decline in the number of property crimes.

Year-to-year changes released Monday by the FBI in its preliminary figures on crimes reported to police in 2010 also showed declines in all four categories of violent crime in 2010. All categories for property crime went down as well.

"In a word, remarkable," said James Alan Fox, a criminologist at Northeastern University. In Fox's view, the declines signify success for aggressive law enforcement and corrections programs and comprehensive crime prevention efforts. He said the crime levels could easily rise if the current environment of state and local budget cutting extends to law enforcement measures that are working.

Some experts are puzzled.

Expectations that crime would rise in the economic recession have not materialized. The size of the most crime-prone population age groups, from late teens through mid-20s, has remained relatively flat in recent years.

"I have not heard of any good explanations for the good news we've been experiencing in 2009 and 2010," said professor Alfred Blumstein of Carnegie Mellon University's Heinz School of Public Policy. "I hope the trend continues and I'm going to keep searching for answers."

Violent crime last increased in 2005. Property crime last increased in 2002.

The FBI reported that violent crime fell in all four regions of the country last year — 7.5 percent in the South, 5.9 in the Midwest, 5.8 percent in the West and 0.4 percent in the Northeast.

The bureau's preliminary statistics for 2010 are based on data from more than 13,000 law enforcement agencies nationwide.

Nationally, murder and non-negligent manslaughter declined 4.4 percent, forcible rape decreased 4.2 percent, robbery declined 9.5 percent, and aggravated assault was down 3.6 percent.

The downward trend for murder and non-negligent manslaughter was especially pronounced in the nation's smallest cities, where it went down 25.2 percent for cities under 10,000 people. Murder actually rose 3 percent in cities with populations of 250,000 to half a million. In New York City, the number of murders and non-negligent manslaughter cases rose from 471 to 536, up 13.8 percent.

Among property crimes, motor vehicle theft showed the largest drop in 2010 — 7.2 percent — followed by larceny-theft, which was down 2.8 percent and burglary, a decline of 1.1 percent.

___

FBI crime data: http://tinyurl.com/3vdb3z7


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Michael Lohan pleads not guilty to attacking ex (AP)

BEVERLY HILLS, Calif. – Lindsay Lohan's father has pleaded not guilty to attacking his ex-girlfriend during an argument earlier this year in California.

Michael Lohan entered the plea to misdemeanor domestic violence battery Monday in Beverly Hills.

He was arrested in March after his ex-girlfriend, Kate Major, accused him of abusing her and preventing her from calling 911.

Michael Lohan's attorney says his client is looking forward to resolving the case and sorting out the conflicting stories of the events that led up to his arrest. A trial is scheduled for July 5.

The Lohan family patriarch has a fractious relationship with his movie star daughter and has a history of arrests in New York after his ex-girlfriends accused him of harassment.

If convicted, the 51-year-old could spend up to a year in jail.


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5th Somali guilty plea in yacht piracy killings (AP)

NORFOLK, Va. – Two Somali men pleaded guilty on Monday to piracy in the hijacking of a yacht that left all four Americans on board dead, while new details emerged about who fired at the hostages.

Burhan Abdirahman Yusuf and Jilani Abdiali face mandatory life sentences, but as part of a plea agreement they could serve less time and eventually be deported to Somalia.

The men are among 14 people from Somalia and one from Yemen facing charges related to the February hijacking of the yacht Quest. Three of those men have already pleaded guilty to piracy in plea deals, and all five face sentencing in August and September.

Two others are expected to make similar deals Tuesday. Whether any of the men who plead get less prison time may not be known until long after their sentencing hearings because the government wants their cooperation for any future charges in this and possibly other cases.

Abdiali told U.S. District Judge Mark Davis through a translator at a hearing Monday that he had never committed a crime in the past before becoming a pirate and would work tirelessly for the U.S. government.

"We hope the string of convictions in this and other cases help send a message to others that piracy against American vessels will not be tolerated," U.S. Attorney Neil MacBride said in a statement.

The owners of the Quest, Jean and Scott Adam of Marina del Rey, Calif., along with friends Bob Riggle and Phyllis Macay of Seattle, were shot to death several days after being taken hostage several hundred miles south of Oman.

They were the first U.S. citizens killed in a wave of pirate attacks that have plagued the Gulf of Aden and the Indian Ocean in recent years. Prosecutors said the men intended to bring the Americans to Somalia and hold them for ransom there. Pirates typically seek millions of dollars for hostages.

In a statement of facts Yusuf agreed to Monday, he said the 19 men who had taken control of the yacht would have split 65 percent of the ransom money among themselves and an interpreter. The other 35 percent would be given to a financier. In Abdiali's statement of facts, he said he saw that pirates were making a lot of money and had big houses and cars, so he spoke with a financier about joining an expedition that ultimately led him to board the American yacht.

Their plan to make money fell through when U.S. Navy warships began shadowing the Quest.

Yusuf said a man aboard the yacht named Ibrahim was in charge at the time of the shooting. According to Yusuf, Ibrahim told the Navy, "We are not going to stop, you try to stop us if you can." Other court records say it was Ibrahim — who is among four pirates who died aboard the boat — who gave the order to fire a rocket-propelled grenade at a Navy ship as a warning shot.

Yusuf said some of the other men on board said they were going to massacre the hostages in order to get the U.S. boats to retreat.

Before the shooting, five men were guarding the Americans with guns pointed at them, including two who later died.

Yusuf identified Ahmed Muse Salad, Abukar Osman Beyle and Shani Nurani Shiekh Abrar as the men who survived the ordeal and who fired on the hostages.

When U.S. special forces scrambled onto the occupied vessel, they found the Americans and two of the pirates' bodies. Two other pirates died in the operation.

The original indictment against the 15 men says at least three of them shot the Americans, but it had not previously identified who pulled the trigger.


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Tuesday, May 24, 2011

Supreme Court orders California to free prisoners (AFP)

WASHINGTON (AFP) – The US Supreme Court ordered California Monday to free thousands of prisoners, saying chronic overcrowding violated inmates' rights.

But one dissenting judge on the top US court warned the ruling was "outrageous" and California said it was disappointed, while tensions in its jails was underlined by a second prison riot in days.

In a narrow 5-4 majority ruling upholding a lower court's decision, the top US court said the release is the only way to address the constitutional violation of cruel and unusual punishment.

"This case arises from serious constitutional violations in California's prison system. The violations have persisted for years. They remain uncorrected," Justice Anthony Kennedy wrote.

Cash-strapped California has for some years had a problem with prison overcrowding: the western US state has some 148,000 inmates housed in 33 jails designed for some 80,000 people, according to its own figures.

Kennedy said that although the state has reduced the population by at least 9,000 during the appeal process, the decision "means a further reduction of 37,000 persons could be required."

"The state may employ measures, including good-time credits and diversion of low-risk offenders and technical parole violators to community-based programs, that will mitigate the order's impact. The population reduction potentially required is nevertheless of unprecedented sweep and extent."

The order "leaves the choice of means to reduce overcrowding to the discretion of state officials," the ruling read.

"But absent compliance through new construction, out-of-state transfers or other means... the state will be required to release some number of prisoners before their full sentences have been served."

But in a dissenting view, Justice Antonin Scalia said the ruling could translate to the release of 46,000 criminals.

"One would think that, before allowing the decree of a federal district court to release 46,000 convicted felons, this court would bend every effort to read the law in such a way as to avoid that outrageous result," he added.

He warned that "terrible things (were) sure to happen as a consequence of this outrageous order."

California Department of Corrections and Rehabilitation (CDCR) Secretary Matthew Cate said the state needs more time to ease its overcrowding problem, calling for the "establishment of more appropriate timeframes, if necessary."

"It is disappointing that the court did not consider the numerous improvements made in health-care delivery to inmates in the past five years, as well as the significant reduction in the inmate population," he said.

In August 2009, three federal judges ordered 40,000 prisoners freed within two years. Late last year, California appealed to the top US court to annul the ruling, warning that the freed prisoners could endanger public safety.

The ruling came after at least two inmates were stabbed Friday when some 150 prisoners rioted at a maximum security prison in the state capital Sacramento. Guards used pepper spray and fired a live round of ammunition to regain control.

On Sunday evening, a riot broke out in the dining hall at San Quentin prison, leaving inmates injured with slash and stab wounds, according to prison spokesman Sam Robinson cited by local media.

Dissenting Judge Scalia wrote that the vast majority of inmates who may be affected "do not form part of any aggrieved class even under the Court's expansive notion of constitutional violation."

"Most of them will not be prisoners with medical conditions or severe mental illness; and many will undoubtedly be fine physical specimens who have developed intimidating muscles pumping iron in the prison gym," he added.


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