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Military high court to hear Kan. HIV exposure case
Legal News |
2013/09/30 20:34
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The highest court for the U.S. armed forces has agreed to hear the appeal of a Kansas airman convicted of assault for exposing multiple sex partners to HIV at swinger parties in Wichita, his attorney said Friday.
David Gutierrez was a sergeant serving at McConnell Air Force base in Kansas when he was sentenced in 2011 to eight years in prison and stripped of his rank in an aggravated assault case. Prosecutors told the trial judge that a stiff sentence would send a message that the military values the integrity of its service members, saying Gutierrez played Russian roulette with his sexual partners' lives.
The defense on appeal has won a rare opportunity to present before the U.S. Court of Appeals for the Armed Forces an argument that his attorney says could set a far-reaching precedent across the military.
"It will set the table for the entire military services as to what kind of evidence is necessary to find that someone can cause grievous bodily injury after testing positive for HIV," said Kevin McDermott, one of his defense attorneys.
In addition to the HIV issue, the military appeals court agreed Tuesday to decide whether the evidence was sufficient to find Gutierrez committed adultery. The defense contends Gutierrez can't be guilty of adultery because his wife participated with her husband in the "swinger's lifestyle." |
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Once notable NJ lawyer given life sentence
Legal News |
2013/09/25 18:24
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A defense attorney who once had a roster of celebrity clients and boasted of having tried hundreds of cases in federal court was sentenced there on Monday to life in prison without parole after his conviction on nearly two dozen counts including murder conspiracy and racketeering.
Paul Bergrin, in custody since his 2009 arrest, wore khaki prison scrubs and showed little reaction as a judge read what amounted to several life sentences Monday afternoon in a federal courtroom in Newark.
The 57-year-old former federal prosecutor once represented an Army reservist charged in the Abu Ghraib prison scandal in Iraq and celebrities such as Queen Latifah, the rapper Lil' Kim and the group Naughty By Nature. He also represented reputed gang members and alleged drug kingpins from his offices in Newark.
Bergrin, formerly of Nutley, and several associates were arrested and charged in May 2009 with running his law business as a criminal enterprise. The U.S. attorney's office charged Bergrin with more than 30 counts including racketeering, setting up the murder of a witness, money laundering and drug offenses. His first trial, in which Bergrin represented himself, ended in a hung jury two years ago.
A second trial resulted in his conviction in March on 23 counts related to operating what prosecutors said was a racketeering enterprise that engaged in drug trafficking, prostitution, bribery, plotting to murder witnesses and money laundering. |
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NY man pleads guilty in Paula Deen extortion case
Legal News |
2013/08/12 21:05
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A New York man pleaded guilty in federal court Friday to trying to extort $200,000 from Paula Deen by threatening to reveal damaging information about the embattled celebrity cook if she didn't pay him to stay quiet.
"I had, I guess, some bad judgment," 62-year-old Thomas George Paculis told a U.S. District Court judge in Savannah.
"I do take responsibility for what I have done."Paculis, of Newfield, acknowledged sending emails to Deen's attorney offering to trade his silence for cash in June. It came a few days after documents became public that revealed the former Food Network star had said under oath that she used racial slurs in the past.
As Deen's culinary empire began to crumble, Paculis claimed he could reveal things that would bring her "financial hardship and even ruin," according to one email that invited Deen's lawyer to "make me an offer I can't refuse."
Neither Paculis nor federal authorities have revealed what sort of dirt the defendant claimed he could dish up regarding Deen or if he truly had any at all. He owned a restaurant in Savannah in the 1990s, but Deen told the FBI she didn't recognize his name or his face. |
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Court sides with Yahoo in data collection case
Legal News |
2013/07/18 05:43
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Yahoo has won a court fight that could help the public learn more about the government's efforts to obtain data from Internet users.
The U.S. Foreign Intelligence Surveillance Court, which reviews government requests to spy on individuals, ruled Monday that information should be made public about a 2008 case that ordered Yahoo Inc. to turn over customer data.
The order requires the government to review which portions of the opinion, briefs and arguments can be declassified and report back to the court by July 29.
The government sought the information from Yahoo under the National Security Agency's PRISM data-gathering program. Details of the secret program were disclosed by former NSA contractor Edward Snowden, who has fled the U.S.
The program came to light in early June after The Washington Post and Guardian newspapers published documents provided by Snowden. It allows the NSA to reach into the data streams of U.S. companies such as Yahoo, Facebook Inc., Microsoft Corp., Google Inc. and others, and grab emails, video chats, pictures and more. U.S. officials have said the program is narrowly focused on foreign targets, and technology companies say they turn over information only if required by court order.
Yahoo requested in court papers filed June 14 to have the information about the 2008 case unsealed. A Yahoo spokeswoman hailed Monday's decision and said the company believes it will help inform public discussion about the U.S. government's surveillance programs. |
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The Law Offices of David Stein - Maryland Assault Lawyer
Legal News |
2013/06/25 17:58
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In the state of Maryland, there are different levels in categories for assault. These may be categorized as first degree assault, or second degree assault. A first degree assault would be defined as intentionally causing or attempting to cause serious physical injury to another. First degrees also include assaults attempted with firearms and weapons, with the potential of getting jail time of up to 25 years. Assault in the second degree manner is considered a misdemeanor and is defined as intentionally causing physical injury to another. A physically injury can mean any type of impairment to someone's physical condition. This charge is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.
However, sometimes there are valid defenses and arguments as to why someone may commit assault. Some reasons may include common self-defense or even reasonable defense of others. A knowledgeable and skilled Maryland assault lawyer
will be here every step of the way and be the aggressive legal help you need to investigate all viable defenses in order to have your charges dismissed.
Prosecutors in general usually do not have much tolerance when it comes to charges for domestic violence. Maryland domestic violence cases have most often a baseline charge of assault, destruction of property, or on the civil side, protection orders. A charge that involves or stems from a domestic relationship is generally defined as a domestic violence charge or case. As these cases most often involve contemporaneous civil filings, it is imperative to have an experienced Maryland domestic violence lawyer engaged with your case form the very outset. Often times conviction of a domestic violence charge could have ramifications in the ensuing civil cases, such as divorce, custody, or even child support. If you are charged with a domestic assault, violation of a peace or protection order, or any other domestic criminal or civil charge, contact our offices for an immediate consultation. Be sure to contact a Maryland assault attorney so we can fight for your case. |
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