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The Latest: 6 countries seek criminal probe of Venezuela
Court Watch | 2018/09/28 10:26

Six countries from the Americas say they are asking the International Criminal Court to investigate Venezuela's government for alleged crimes against humanity. It's the first time that member countries have referred another country to the Netherlands-based U.N. court.

Argentina, Peru, Colombia, Chile, Paraguay and Canada made the announcement on the sidelines of the U.N. General Assembly meeting.

The court has already opened a preliminary investigation into allegations that since April 2017 Venezuelan government forces "frequently used excessive force to disperse and put down demonstrations," and abused some opposition members in detention.

Wednesday's move could broaden the scope of the existing preliminary probe. The countries accuse Venezuela of several crimes including murder, torture and unjust imprisonment.

U.S. Secretary of State Mike Pompeo says his meeting with North Korean Foreign Minister Ri Yong Ho was "very positive."

Pompeo made the comment on Twitter on Wednesday after meeting with Ri at the U.N. General Assembly. The meeting comes as U.S. President Donald Trump and North Korean leader Kim Jong Un work to set up a widely expected second summit to restart stalled diplomacy meant to rid the North of its nuclear weapons.

Pompeo said that "much work remains, but we will continue to move forward."

Kim made denuclearization vows last week in a summit with the South Korean president in Pyongyang, but there's still skepticism over his sincerity to relinquish weapons that many believe are the only major guarantee of his continued authoritarian rule.


Bill Cosby's day of reckoning arrives in court
Attorney News | 2018/09/27 10:24

The woman Bill Cosby was convicted of drugging and sexually assaulting said in a statement released at the comedian's sentencing Tuesday that she has had to cope with years of anxiety and self-doubt that have left her "stuck in a holding pattern."

Andrea Constand, 45, said her training as a professional basketball player had led her to think she could handle anything, but "life as I knew it" ended on the night in 2004 that Cosby knocked her out with pills and violated her.

The statement was released as Judge Steven O'Neill weighed Cosby's punishment and whether to declare the 81-year-old TV star a "sexually violent predator," a legal scarlet letter that would subject the comedian to monthly counseling for the rest of his life and would require that neighbors, schools and day care center be notified of his whereabouts.

The comic once known as America's Dad faced anywhere from probation to 10 years in prison after being convicted in April in the first celebrity trial of the #MeToo era.

Prosecutors asked a judge to give Cosby five to 10 years behind bars, while his lawyers asked for house arrest, saying the former TV star is too old and helpless to do time in prison.

Constand said she now lives alone with her two dogs and has trouble trusting people.

"When the sexual assault happened, I was a young woman brimming with confidence and looking forward to a future bright with possibilities," she wrote in her five-page statement.


Court suspends law license for SC prosecutor facing charges
Legal PR | 2018/09/26 10:22

South Carolina's Supreme Court has suspended the law license of a prosecutor accused of embezzling money seized from drug defendants to pay for personal trips to Europe and the Galapagos Islands.

The court issued that order Monday for 5th Circuit Solicitor Dan Johnson, whose jurisdiction includes Richland and Kershaw counties, along with the state's capital city of Columbia.

Johnson was suspended from office last week following his indictment on more than two dozen federal charges including wire fraud and theft of government funds. His communications director, Nicole Holland, faces the same 26 charges.

State and federal authorities have been investigating the travel and spending habits of Johnson, who logged more than 70 days of travel over a period of less than two years. Trips to locations including Amsterdam, Colombia and the Galapagos Islands were reflected in credit card bills and receipts released by a nonprofit that obtained them through open-records laws.

The money, prosecutors said, was taken from state and federal accounts holding assets forfeited by defendants in illegal drug cases. Johnson recently lost a primary bid for a third term and hasn't responded to messages about charges against him. Previously, he has declined to answer specific questions about his travels but has said he didn't intend for public money to be used for personal expenses.



Stand-ins to decide who sits on West Virginia Supreme Court
Legal Focuses | 2018/09/24 10:20

A group of judicial stand-ins representing West Virginia's Supreme Court was hearing challenges Monday to GOP Gov. Jim Justice's appointments of two Republican politicians to replace two departed justices.

Democrats have called the impeachments that imploded the state's highest court an unprecedented power grab by the West Virginia GOP. One of the petitions being heard on Monday says the choice of U.S. Rep. Evan Jenkins and ex-House speaker Tim Armstead violates "the clear will of the voters" who elected Democrats to their spots on the bench.

Justice appointed Jenkins and Armstead — who resigned as speaker of the House of Delegates in anticipation of his move to the court — to serve until a Nov. 6 special election in which both men are candidates.

Also on the November ballot is attorney William Schwartz, whose petition seeks to stop Jenkins and Armstead from temporarily serving on the court. His petition also accuses Jenkins of being ineligible because he hasn't actively practiced law recently. The state constitution requires justices to be admitted to practice law for at least 10 years prior to their election.

Jenkins and Schwartz are seeking to serve the remainder of retired Justice Robin Davis' term through 2024, while Armstead hopes to finish the term of retired Justice Menis Ketchum through 2020. Both Davis and Ketchum were elected as Democrats.

Ketchum resigned before the Republican-led House voted to impeach the remaining four justices. Davis then resigned in time to trigger an election for the remainder of her term. The others await Senate impeachment trials next month, including Allen Loughry, who is suspended, and Margaret Workman and Beth Walker, who recused themselves from hearing these petitions. Temporary Chief Justice Paul T. Farrell then appointed four circuit judges to hear the challenges.

According to Schwartz's petition, Jenkins voluntarily placed his West Virginia law license on inactive status in 2014 after he was elected to the U.S. House. But Jenkins said he's been admitted to practice law in the state for more than three decades. According to the bylaws of the State Bar, an inactive status means members are admitted to practice law but aren't taking clients or providing legal counseling.


Idaho high court considers defamation lawsuit
Court Watch | 2018/09/23 00:18

The Idaho Supreme Court heard arguments Friday in a case that could determine whether individuals have the right to sue if they think a journalist implied — but didn't outright say — something defamatory.

The issue arose in a lawsuit brought last year by former teacher James Verity against USA Today and television stations in Idaho and Oregon after they reported on the results of a national investigation into teacher licensing. The investigation found that teachers who had a license revoked in one state were often able to move to another state to be licensed there.

Verity lost his Oregon teaching license after he was disciplined for having inappropriate sexual contact with an 18-year-old student. He was later was granted an Idaho teaching license.

Verity says the news coverage wrongly implied that he was danger to female students, that he misled Idaho officials and that he committed a crime by having sex with a student. The news organizations say their reporting was accurate.


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