Presidential historian appears in federal court (AP)

BALTIMORE – A presidential historian charged with stealing historical documents and conspiring to take them from state archives in several states will remain in federal custody over the weekend, but a judge allowed his assistant to be released Friday.

At a hearing Monday, a judge will consider the prosecutors' recommendation that Barry Landau, 63, remain in custody. This will allow pretrial officials time to review his case and interview Landau, who appeared in the same blue-and-white-striped, button-down shirt and khakis that he wore to a bail review hearing in Baltimore Circuit Court earlier this week.

Federal prosecutor James G. Warwick said in court Friday that Landau poses a flight risk and might try to access documents that investigators haven't yet found and destroy evidence. Investigators believe that Landau has tried to tamper with witnesses, Warwick said, but he did not want to disclose details.

Prosecutors are looking at additional federal charges, including mail and wire fraud, interstate transportation of stolen goods and theft of government property, Warwick said.

U.S. Magistrate Judge Susan Gauvey approved an agreement Friday that allows Landau's assistant, Jason Savedoff, 24, be released to his mother on $250,000 cash bail. Savedoff, who appeared in a yellow jumpsuit from the Baltimore jail with a slight beard, has surrendered his American and Canadian passports and will stay at an apartment in the Baltimore area.

The men were arrested July 9 after a Maryland Historical Society employee reported Savedoff took a document out of the society's Baltimore library. When police arrived, investigators found 60 documents inside a library locker Savedoff was using, including papers signed by President Abraham Lincoln worth $300,000 and presidential inaugural ball invitations and programs worth $500,000, Baltimore prosecutors have said.

Landau had signed out many of those documents, according to court documents.

The two men were indicted by a federal grand jury Thursday, accused of stealing and selling historical documents that included a Benjamin Franklin letter and speeches by President Franklin D. Roosevelt. They also face state theft charges.

The federal indictment charges the pair with stealing an April 1780 letter from Franklin to John Paul Jones from the New-York Historical Society in March. They are also charged with taking a set of signed inaugural addresses from the FDR presidential library in December and later selling them for $35,000.

U.S. Attorney Rod J. Rosenstein has said a nationwide investigation is continuing and encouraged anyone with information about the acquisition or sale of historical items by the two to contact the FBI. Special Agent in Charge Richard A. McFeely called "the scope and notoriety" of the documents seized in this case "truly breathtaking."

Before his arrest, Landau appeared on TV programs and was quoted in news articles, particularly for his knowledge of White House social events and drew upon his extensive collection of souvenirs to write a coffee-table book, "The President's Table: Two Hundred Years of Dining and Diplomacy."

The investigation included a search of the author's museum-like, New York City apartment that's lined with mementos dating back to Washington's presidency, the FBI said. Black-and-white etchings of 19th-century inaugurations hang from the walls, while a cabinet displays presidential goblets, plates and a skeleton key that purportedly fit the front door of the White House during John Adams' administration, according to a 2007 Associated Press article.

In the wake of the arrests, institutions across the country are reviewing their vulnerabilities. They often have limited money and must balance security measures against giving access to the public.

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Federal judge in Virginia tosses death sentence (AP)

RICHMOND, Va. – A federal judge on Tuesday threw out a drug dealer's murder-for-hire conviction and death sentence in the 2001 slaying of his marijuana supplier in a case that exposed a distribution ring in the wealthy northern Virginia suburbs.

U.S. District Judge Raymond A. Jackson of Norfolk ruled that Justin Michael Wolfe, 29, was wrongfully convicted in the death of 21-year-old Daniel Petrole Jr. in Prince William County. Wolfe claimed that the shooter, Owen Barber IV, acted alone.

Barber was the key prosecution witness in Wolfe's 2002 trial. Barber agreed to plead guilty to first-degree murder and testify against Wolfe in exchange for a life sentence.

Barber recanted his testimony in 2005. Five months later, he again changed his story and said he had testified truthfully at Wolfe's trial. Barber's former roommate and his former cellmate also filed sworn statements saying Barber told them he acted alone in killing Petrole.

Jackson said in his ruling that the state's use of Barber's false testimony was grounds for vacating Wolfe's conviction and sentence. He rejected prosecutors' claims that they did not know Barber's testimony was false at the time.

"They had prior knowledge of falsities in Barber's testimony, yet never pursued or investigated the information," Jackson wrote. "In light of the Commonwealth's conduct, the Commonwealth cannot be entitled to benefit from their deliberate ignorance and/or reckless disregard for the falsities in Barber's testimony."

He also ruled that Wolfe's due process rights were violated when prosecutors withheld information from his attorneys. Jackson listed several pieces of evidence that were suppressed, including recorded witness interviews and a "gentlemen's agreement" not to prosecute one witness in exchange for his cooperation with authorities.

The judge wrote that the actions of Prince William prosecutors were "not only unconstitutional in regards to due process, but abhorrent to the judicial process."

The Virginia attorney general's office could appeal the ruling to the 4th U.S. Circuit Court of Appeals. The office did not respond to an inquiry about its plans.

"We're gratified by the district court's thorough and thoughtful opinion," said Brian Meiners, an attorney for Wolfe in Washington, D.C. "We're hopeful the state will accept this determination and move on."

Meiners said attorneys informed Wolfe about the ruling.

"He was very happy and is naturally curious as to what is going to happen next with this case," Meiners said.

Wolfe's mother, Terri Steinberg, said in a telephone interview that she found it frightening that an appeal by the state could drag the case out for several more years.

"We can't really enjoy this until we know for sure that it's over," she said. "Today, we're just trying to enjoy the victory and be glad that somebody finally listened."

According to trial testimony, Wolfe was making $10,000 to $15,000 a month selling high-end marijuana he bought from Petrole. Wolfe had been friends since high school with Barber, who sold lower-grade marijuana.

At the time of Petrole's death, Wolfe owed Petrole about $60,000.

On March 15, 2001, after Petrole delivered the pot to Wolfe, Barber followed Petrole to his home and shot him 10 times as he sat in his car. Barber testified that in exchange for the slaying, Wolfe forgave a $3,000 debt, gave him more than five pounds of marijuana and promised an additional $10,000.

In his affidavit recanting the testimony, Barber said he had intended to confront Petrole but thought he saw him reach for a gun, so he fired. He said he implicated Wolfe to avoid the death penalty.

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Associated Press writer Dena Potter contributed to this report.

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Kan. abortion rules face test in federal court (AP)

TOPEKA, Kan. – Kansas still has one abortion provider, but two others that have had to halt services because they don't have state licenses hoped Friday to persuade a federal judge to block a new licensing law and health department regulations they consider burdensome.

The state attorney general's office argued before a Friday hearing in U.S. District Court in Kansas City, Kan., that a license granted to a Planned Parenthood of Kansas and Mid-Missouri clinic disproves critics' contention that the new Kansas rules are designed to cut off access to abortion.

The licensing law was part of a wave of anti-abortion legislation enacted across the nation this year, but had none of its three providers received a license, Kansas would have been the only state in the nation without a clinic or doctor's office performing abortions.

Its regulations tell providers what drugs and equipment they must stock, set acceptable temperatures for procedure and recovery rooms and set minimum sizes for some rooms. Supporters believe those rules will protect patients. But abortion-rights advocates have called the licensing process a "sham" because Gov. Sam Brownback is an anti-abortion Republican, and abortion foes pushed the law through the GOP-controlled Legislature.

Planned Parenthood received a license Thursday from the Kansas Department of Health and Environment, after initially being denied but having inspectors visit its clinic in Overland Park a second time. The new licensing law and the accompanying regulations took effect Friday.

The lawsuit before U.S. District Judge Carlos Murguia was filed earlier this week by Drs. Herbert Hodes and Traci Nauser, who provide abortions and other services at the Center for Women's Health, also in Overland Park. The state's other provider, Aid for Women Clinic in Kansas City, has been allowed to intervene.

The attorney general's office attached the Planned Parenthood license in a court document filed Thursday evening, shortly after the health department confirmed it had granted a license to one of the state's providers and Planned Parenthood identified itself as the recipient.

"Women in Kansas seeking abortion services will still be able to obtain medical care at a properly licensed facility even if the statute and regulations are enforced exactly as written," the attorney general's office said.

But Bonnie Scott Jones, an attorney for the New York-based Center for Reproductive Rights, which is representing Hodes and Nauser, said the state still has a "crazy process" that involved abortion opponents rushing unreasonable regulations into place.

As for Planned Parenthood's license, she said, "That's certainly better than no one being open, but it's certainly not enough to meet the needs of the women of Kansas."

She also noted that the Planned Parenthood clinic already was regulated by the health department as one of the state's 74 ambulatory surgical centers. Those centers face more detailed rules than dozens of clinics and doctor's offices performing surgical procedures, which are covered by rules from the State Board of Healing Arts, which licenses physicians.

Both Aid for Women and the Center for Women's Health fall under the office-based surgery rules, and their doctors argue that those standards are strong enough to protect patients. Those rules don't set minimum sizes for rooms, for example.

Besides objecting to the content, the providers argue that the state violated their right to due legal process by imposing the rules so quickly. The department argues the licensing law mandated a fast track.

Brownback signed the licensing law in mid-May; the providers received the current version of the regulations less than two weeks before they took effect. A state board approved the rules Thursday, allowing them to take effect.

The department hasn't taken public comments on the regulations though it has scheduled a Sept. 7 hearing in Topeka and plans to consider suggested changes.

Among other things, the Kansas regulations for abortion providers require rooms where abortions are performed to have at least 150 sq. feet of space, excluding fixed cabinets, and to keep their temperatures between 68 and 73 degrees. Each procedure room also must have its own janitor's closet with at least 50 sq. feet. Also, any patient must remain in a recovery room for at least two hours.

Aid for Women was denied a license without an inspection after it disclosed in its application that the clinic required extensive renovations to comply with the new rules.

The Center for Women's Health cancelled its inspection after Hodes and Nauser filed their lawsuit. In that document, they acknowledged that none of its six procedure rooms were big enough to comply with the regulations, nor did they have enough janitorial closet space.

Planned Parenthood said it had been denied a license Monday, and it was certain enough that it wouldn't get one by Friday that it filed its own lawsuit Thursday in federal court, also in Kansas City. The lawsuit said the Planned Parenthood clinic met most requirements and could comply with others.

Court documents also disclosed that the clinic was still in contact with the health department, trying to show that it would comply with all regulations. The license granted to Planned Parenthood is good for a year, the term specified by law.

President and CEO Peter Brownlie said he expects the Planned Parenthood chapter to withdraw its lawsuit and work to change the regulations.

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Online:

Kansas Department of Health and Environment: http://www.kdheks.gov/

Center for Reproductive Rights: http://reproductiverights.org/

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"Barefoot Bandit" pleads guilty to federal charges (Reuters)

By Laura L. Myers Laura L. Myers – Fri Jun 17, 6:48 pm ET

SEATTLE (Reuters) – A 20-year-old man dubbed the "Barefoot Bandit" and accused of a two-year crime spree while he was still a teenager pleaded guilty on Friday to seven federal charges.

Colton Harris-Moore, who was captured in the Bahamas last July after crash-landing a plane he allegedly stole in Indiana, pleaded guilty under an agreement with prosecutors that prevents him from profiting from his crimes.

According to the plea deal the Washington-state native could be sentenced to a maximum of 78 months in prison and will be ordered to pay more than $1.4 million in restitution when he is sentenced in October.

Harris-Moore, who was named a suspect in a two-year wave of some 80 crimes across nine Western and Midwestern States, British Columbia and the Bahamas, also faces trial in state court, where five Washington counties have filed a combined 40 criminal counts against him.

"Mr. Harris-Moore's flight from justice has ended. He will spend a significant amount of time in prison and he will not make a dime from his crimes," U.S. Attorney Jenny Durkan said outside court after the sentencing hearing.

Under the 28-page plea agreement, Harris-Moore, a high school dropout and self-taught pilot who gained an Internet following as he allegedly taunted authorities on the run, must forfeit any financial gain from telling his story.

He pleaded guilty to two counts of bank burglary, two counts of interstate transportation of a stolen aircraft and one count each of interstate and foreign transportation of a stolen firearm, being a fugitive in possession of a firearm, piloting an aircraft without a valid license, and interstate transportation of a stolen vessel.

Those charges were contained in a seven-count indictment unsealed at the start of the hearing.

Harris-Moore, who grew up in the Puget Sound community of Camano Island, north of Seattle, is accused of stealing boats and planes to hop from one island to another in Puget Sound as he stayed one step ahead of authorities.

He is accused of flying one stolen aircraft about 1,000 miles from Indiana to the Bahamas last year. It was there that he was finally captured by Bahamian police who shot out the engine of a boat in which he was trying to make a getaway.

Harris-Moore was extradited back to Seattle to face the federal charges.

(Writing by Dan Whitcomb; Editing by Greg McCune)

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