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    A lawsuit in Georgia seeking to overturn the results of the state's twin U.S. Senate runoff elections in January was dismissed by a judge during a hearing on Monday. Judge Brian Amero of Henry County's Superior Court rejected the case filed by plaintiff Michael Daugherty, a Fulton County resident, who claimed the Senate runoff contests, both won by Democrats, were plagued by misconduct and sought a new election with paper ballots. Amero agreed with the defendants in the case — including Sens. Jon Ossoff and Raphael Warnock, as well as Secretary of State Brad Raffensperger — who argued the lawsuit was filed too late and was properly served, according to the Atlanta Journal-Constitution. Daugherty, who said he would appeal the decision, alleged ballots were improperly tabulated at the State Farm Arena in Atlanta on election night in November prior to the January runoff elections. Those allegations were investigated and dismissed by officials with the secretary of state's office. JUDGE REJECTS ARIZONA SENATE'S BID TO DISMISS LAWSUIT SEEKING MARICOPA AUDIT RECORDS Daugherty also alleged the state's Dominion Voting Systems machines...
    A judge has denied a prosecutor's bid to file rape charges against the man accused of killing California college student Kristin Smart, who went missing 25 years ago. The San Luis Obispo district attorney's office had sought to add two rape charges — for offenses they say were committed in Los Angeles County after Smart disappeared — to the complaint filed against Paul Flores in Smart's death, KEYT reported Wednesday. In this Thursday, April 15, 2021, file photo, defendants Paul Flores, top left, and his father, Ruben Flores, bottom right, appear via video conference during their arraignment in San Luis Obispo Superior Court in San Luis Obispo, Calif.  (AP Photo/Nic Coury, File) The judge ruled against the DA's motion and scheduled a preliminary hearing in the murder case for Aug. 2, according to the San Luis Obispo Tribune. Paul Flores, now 44, was the last person seen with Smart on May 25, 1996, at California Polytechnic State University in San Luis Obispo, where they were both freshmen. Prosecutors said he killed Smart while trying to rape her...
    A judge rejected the Arizona Senate's motion to dismiss a lawsuit seeking the disclosure of records related to its 2020 election audit in Maricopa County. American Oversight, a left-leaning watchdog group, filed the lawsuit seeking to force compliance with Arizona's Public Records Law. But attorneys for the GOP-led Arizona Senate argued that the various documents and donor information sought in the case are not subject to public disclosure rules because they are held by Cyber Ninjas, a private firm based in Florida, and its subcontractors. Maricopa County Superior Court Judge Michael Kemp said in his ruling on Thursday, which preceded an Arizona Senate hearing on the audit's progress, he "completely rejects" the arguments presented by the defense's attorneys. "Nothing in the statute absolves Senate defendants' responsibilities to keep and maintain records for authorities supported by public monies by merely retaining a third-party contractor who in turns hires subvendors," Kemp wrote. ARIZONA JUDGE PRESSES FOR DISCLOSURE OF DONORS FUNDING MARICOPA ELECTION AUDIT The judge said allowing documents related to the audit to remain undisclosed "would be an absurd result and...
    More On: lawyers Sentencing in college student’s killing delayed amid bombshell claim Fotis Dulos’ lawyers barred from speaking about murder case for 40 years For top #MeToo legal duo, a pandemic year brings no pause Famed lawyer behind NBA merger dunks price of NYC co-op down to $21M A Missouri lawyer was ordered to spend a week in jail for cursing out a judge during a hearing, according to a report. Eugene H. Fahrenkrog Jr., a medical malpractice attorney for Sumner Law Group in Clayton, was charged with criminal contempt for his outburst Wednesday to St. Louis County Circuit Judge John Borbonus, whom he told, “f–k you,” the St. Louis Post-Dispatch reported. “Said behavior was willfully and intentionally committed, contemptuous, insolent and directly tended to interrupt proceedings of this Court and to impair the respect due its authority,” a warrant issued by Borbonus read. Fahrenkrog, an attorney licensed in Missouri since 1971, was representing a plaintiff in a 2019 medical malpractice case in St. Louis County at the time, the newspaper reported. It’s unclear exactly what preceded Fahrenkrog’s reported...
    SAN LUIS OBISPO, Calif. (AP/CBS13) — A judge has denied a prosecutor’s bid to file rape charges against Paul Flores, the man accused of killing Cal Poly student Kristin Smart, who went missing 25 years ago. The San Luis Obispo district attorney’s office had sought to add two rape charges — for offenses they say were committed in Los Angeles County after Smart, of Stockton, disappeared — to the complaint filed against Paul Flores in Smart’s death. READ MORE: Napa Doctor First Person To Face Federal Charges For Allegedly Falsifying COVID Vaccine Cards Prosecutors on Wednesday revealed they found video of an alleged LA County rape, but a judge refused to add sexual assault charges saying evidence of an assault in the Smart case was too weak. The judge ruled against the DA’s motion and scheduled a preliminary hearing in the murder case for Aug. 2. READ MORE: Man Dies, 2 Injured In Separate Boating Incidents Hours Apart On Lake Tahoe Paul Flores, now 44, was the last person seen with Smart on May 25, 1996, at California Polytechnic State...
    A San Luis Obispo County judge Wednesday refused to allow prosecutors to add two rape charges from Los Angeles to the murder case against Paul Flores in the 1996 disappearance of Kristin Smart. The move by Judge Craig B. Van Rooyen comes despite a prosecutor telling the court, “Paul Flores has raped so many women, it’s hard to keep track,” as he argued for the judge to allow the San Luis Obispo County district attorney to add rape charges from 2011 and 2017 involving two women in Los Angeles. The prosecutor argued there was a nexus to the murder charge against Flores. They have said he killed Smart, a 19-year-old fellow student at Cal Poly San Luis Obispo, during the commission of a rape or attempted rape in his dormitory the night she vanished 25 years ago. According to San Luis Obispo County Deputy Dist. Atty. Christopher Peuvrelle, Flores had a history of raping women who were either drunk or intoxicated. On the night Smart disappeared, Flores tried to force himself on women at the party they...
    CHICAGO (CBS) — A judge in the case against Jussie Smollett is expected to meet with both sides on Wednesday. The former “Empire” actor was accused in January 2019 of staging a racist and homophobic attack against himself in Streeterville. He was charged with six counts of disorderly conduct. READ MORE: 2-Year-Old Boy, Man Shot And Critically Wounded In West Humboldt Park Two months later, those charges were dropped by the Cook County State’s Attorney’s office. READ MORE: Sundays on State Lineup Announced for July 18 A special prosecutor later was assigned to look into the entire case, after a judge found “unprecedented irregularities” in how Cook County State’s Attorney Kim Foxx handled the case, specifically by handing it over to her second-in-command after announcing she had recused herself. In February 2020, a special Cook County grand jury returned a six-count indictment accusing Smollett of lying to Chicago Police. MORE NEWS: Mans Body Recovered From Lake Michigan Offshore From Michigan City href=”https://chicago.cbslocal.com/2020/02/24/jussie-smollett-new-charges-plea-arraignment-disorderly-conduct-hate-crime-hoax/” target=”_blank” rel=”noopener noreferrer”>Smollett has pleaded not guilty to the new indictment.
    MONTEREY (CBS SF) — A Monterey County Judge sentenced a Salinas man to 16 years in prison last week for possessing and distributing child porn, the Monterey County District Attorney said. Judge Rafael Vazquez sentenced Jose Nunez, 37, last Friday, and also ordered him to register as a sex offender for life. Jose Nunez (Monterey County District Attorney) The charges and sentencing stem from the fact that Nunez was a prior offender — at the time of his arrest, Nunez was on parole after serving time for child molestation. In September 2018, Nunez’s parole officer discovered that he had downloaded child pornography on his cellphone. Digital Forensic Investigator Natalie Dill searched Nunez’s computers and cellphone, locating over 40 photographs and videos of child pornography on his various electronic devices. Dill also discovered that Nunez sent child pornography to another individual.
    TALLAHASSEE (CBSMiami/NSF) — A Northwest Florida judge has refused to toss out a lawsuit seeking possible sanctions against a Santa Rosa County attorney who drew national attention for dressing as the Grim Reaper to criticize Gov. Ron DeSantis’ handling of the coronavirus pandemic. Prosecutors in March filed a motion in Walton County to pursue sanctions against lawyer Daniel Uhlfelder, who traveled throughout the state in the macabre costume to call attention to issues such as the Republican governor’s refusal to close beaches amid the pandemic. READ MORE: Surfside Collapse Day 20: Additional Victim Found, Death Toll At 95 The probe into possible sanctions came at the direction of a three-judge panel of the 1st District Court of Appeal, which took the rare step of ordering State Attorney Ginger Bowden Madden to pursue discipline against Uhlfelder. Uhlfelder’s lawyer, Richard Greenberg, asked Santa Rosa County Circuit Judge Scott Duncan to dismiss the case, arguing that the appeals court’s order for the possible sanctions fails to comply with a disciplinary rule cited by the three-judge panel. The seldom-used rule allows judges to direct...
    An Arizona judge on Wednesday questioned the claim that the public does not have the right to know who is funding the audit of the Maricopa County vote tally in the 2020 presidential election. The controversial audit, a Republican state Senate-led effort to determine the validity of former President Donald Trump's loss to Joe Biden in the previously red state, has been criticized over its methods and undisclosed sources of funding. Maricopa County Superior Court Judge Michael Kemp questioned Kory Langhofer, an attorney for Senate President Karen Fann who has resisted calls to release donor names. The judge noted Fann hired an outside firm, Cyber Ninjas, to conduct the audit, adding Fann has said the audit is an "important constitutional duty." "Isn’t the public entitled to know who’s paying for this, besides the $150,000 the Senate has already appropriated?" the judge asked Langhofer at a hearing in Phoenix. ARIZONA ATTORNEY GENERAL ASKED TO CONDUCT ELECTION INTERFERENCE INVESTIGATION INTO TRUMP AND ALLIES "That’s a great political argument," Langhofer said. "They should talk to the Legislature about it." Langhofer said that donation...
    LOS ANGELES (CBSLA) — The Los Angeles County District Attorney’s Office has filed court papers stating that the Los Angeles County Sheriff’s Department is able to provide necessary medical care to former film producer Harvey Weinstein. The court papers, filed Tuesday in response to a filing by Weinstein’s attorneys to block his extradition to L.A. until he was “medically fit,” also noted that the prosecution was ready to bring him to trial and was aware of Weinstein’s statutory right to be brought to trial on sexual assault charges within 120 days of arriving in L.A. READ MORE: LA Metro Pursues Alternatives To Law Enforcement In Handling Issues With Unhoused People On June 15, a judge in New York ruled that Weinstein could be moved from a prison in that state to Los Angeles County to face the charges filed against him here. Weinstein is currently serving a 23-year term after being convicted of a criminal sex act against a former production assistant and raping an aspiring actress. In a Tuesday statement, one of Weinstein’s attorneys said: READ MORE: Aliso Viejo...
    LOS ANGELES (KABC) -- A federal appeals court heard arguments Wednesday but made no ruling in the city and county of Los Angeles' bid to vacate a judge's order forcing local government to offer shelter to every homeless person on Skid Row by the middle of October.U.S. District Judge David O. Carter blamed inaction of officials led to the homelessness crisis and that there needs to be adequate shelters."A judge can point a finger, a constituent can complain, and I feel the same way, but that does not mean dollars come along with that," Mayor Eric Garcetti said.The city and the county filed an appeal and won a temporary halt to Carter's order."From the city and county's perspective this order that Judge Carter put forth essentially amounts to sort of sweeping aside the workings of elected government," Jason Ward of the Rand Corporation said.RELATED: Judge touches on 'structural racism' in Skid Row homelessness hearingEMBED More News Videos A federal judge blasted the city of Los Angeles and Los Angeles County for their approach to homelessness during proceedings Thursday. On Wednesday,...
    LOS ANGELES (CBSLA) – A federal appeals court heard arguments Wednesday in the city and county of Los Angeles’ bid to vacate a judge’s order forcing the city to offer shelter to every homeless person on Skid Row by the middle of October, but made no ruling on the matter. U.S. District Judge David Carter issued the mandatory injunction against the city in April. Carter’s ruling requires that all homeless inhabitants of Skid Row must be offered some form of shelter by Oct. 18, beginning with single women and unaccompanied children. READ MORE: LA Clinicians Rush To Vaccinate Community as Delta Variant Of COVID Spreads LOS ANGELES, CALIFORNIA – SEPTEMBER 16: People walk past a homeless tent encampment in Skid Row on September 16, 2019 in Los Angeles, California. Skid Row is home to thousands who either live on the streets or in shelters.  (Photo by Mario Tama/Getty Images) Both the city and county immediately appealed the ruling, requesting that the U.S. 9th Circuit of Appeals issue a stay pending the appeal. The LA Alliance for Human Rights, an association of...
    CHARLESTON, W.Va. (AP) — Education officials are asking a federal judge to dismiss a lawsuit challenging West Virginia’s new law that bans transgender athletes from competing in female sports in middle schools, high schools and colleges. Education and athletic officials said in court documents filed last week that they can’t be held liable for the law, which they didn’t request and largely won’t be responsible for enforcing, the Charleston Gazette-Mail reported. READ MORE: Police: Drunk Man Attacks Officer During Downtown Arrest On July 4th The American Civil Liberties Union and its West Virginia chapter filed the lawsuit in May on behalf of an 11-year-old transgender girl who had hoped to compete in cross country in middle school in Harrison County. The girl is seeking an injunction to prevent the law from being enforced. The ban is set to take effect Thursday and will require the state Board of Education to establish rules to determine the means by which local athletic officials can enforce the law. Attorneys for the West Virginia Board of Education and the West Virginia Secondary School Activities...
    MIAMI (CBSMiami) – A Miami-Dade County Judge reprimanded a lawyer after learning she failed to advise the court her client had no connection to the Surfside tragedy. During an afternoon court hearing Tuesday, the judge disclosed the attorney’s client was actually an animal advocate and lived in Broward County. READ MORE: Elsa Regains Hurricane Status Southwest Of Tampa Bay This all started on Sunday when the judge denied the emergency motion to allow any attempts to enter the explosive-charged building in a last ditch attempt to retrieve any remaining animals in the building. READ MORE: ‘All Words Fall Short’: Loved Ones Gather For Funeral Of Guara Family Killed Surfside Condo Collapse The opportunity, the judge stated, would have endangered the first responders and the people wanting to enter the building. Miami-Dade Mayor Levine Cava mentioned there were multiple sweeps conducted prior to the demolition to check for any remaining pets in the Surfside Building, and none were found. MORE NEWS: Visually Impaired Students Get Lessons In Life & Hockey Courtesy The Florida Panthers Foundation There is a hearing schedule for...
    Automakers report 2Q vehicle sales today. Heres what investors should expect 17 Things That Are Free in July The league battle over the ownership of the L.A. Chargers won’t be decided in L.A. County. © Provided by NBC Sports Via Daniel Popper of TheAthletic.com, a judge in L.A. Superior Court granted the request to move the lawsuit filed by Dea Spanos that seeks a forced sale of the team to San Joaquin County. The first order of business in San Joaquin County likely will be to get the judge to send the dispute to arbitration. The paperwork filed to request the move to San Joaquin to County suggested that arbitration may be the appropriate forum for resolving the dispute. The judge would have to agree. That process would begin with the party wanting arbitration making the formal request for it. Don’t be surprised if that’s the next step. Spanos lawsuit moves to San Joaquin County, a win for Chargers ownership originally appeared on Pro Football Talk
    Common Pleas Judge Richard Frye of Ohio’s Franklin County has been including mandatory coronavirus vaccines in the terms of defendants’ respective probations, attaching the stipulation to three of his recent cases. “It occurred to me that at least some of these folks need to be encouraged not to procrastinate,” Frye said, according to the Columbus Dispatch, which said the judge openly discussed vaccination statuses with the defendants. According to reports, none of the defendants cited religious, moral, or medical reasons for not yet getting the vaccine. “I think it’s a reasonable condition when we’re telling people to get employed and be out in the community,” Frye added. One of the defendants who received the condition, Cameron Stringer, “entered a guilty plea for one charge of improperly handling firearms in a motor vehicle, for which he was sentenced to two years of probation,” per the Dispatch. A coronavirus shot is one of several conditions of his probation, court documents show. Emphasis added: Defendant shall attend and complete cognitive behavioral programming as determined by the Adult Probation Department. Defendant shall complete any behavioral...
    OAKLAND — An Alameda County judge ordered a former San Leandro police officer to stand trial on manslaughter charges in the killing of a 33-year-old man last year, even as he expressed doubt a jury would ever return a guilty verdict. Ex-Ofc. Jason Fletcher charged last year in the April 2020 killing of 33-year-old Steven Taylor, whom Fletcher shot as Taylor grasped a bat a few steps away from Fletcher inside of a Walmart. Alameda County prosecutors charged him under a change in state law that says police shootings must be necessary, and argued that Fletcher didn’t bother to attempt deescalation before shooting Taylor once in the chest after other officers Tasered Taylor multiple times. The decision by Superior Court Judge Don C. Clay came after a two-day preliminary hearing, that saw expert witnesses from both sides give their take on the killing. Clay called the case a “battle of the experts,” adding that while he found sufficient prosecution evidence to meet the low standard required for preliminary hearings, he doubted a jury would convict Fletcher in a trial with...
    A Texas man, accompanied by his new girlfriend, allegedly cut off power to a Houston-area home where his ex-wife lives hours ahead of a scheduled child-custody hearing, before then breaking in and shooting her four times – all while the former married couple’s four children were inside sleeping.  Aaron Wright, who Harris County Sheriff's Office records show is charged with aggravated assault on a family member with a weapon and burglary with intent to commit another felony, appeared in court Tuesday, where his bond was set at $175,000, KTRK reported.  A judge described the elaborate "planning" and "technique" Wright used in accessing an unlocked power box on the side of the home located in the 9800 block of Memorial Crossing Drive in the suburb of Tomball to cut off electricity around 3 a.m. Monday and disable the alarm system.  Surveillance video shows Wright and a person authorities believe to be his girlfriend heading toward the home early Monday. Wright allegedly broke in through a back window and shot his ex-wife, Andrea Wright, four times while their four children, ages 7,...
    FAIRFAX, Va. (AP) — A judge in Virginia is weighing whether to throw out criminal charges against a white police officer accused of using excessive force on a disoriented Black man, a decision that hinges on complaints about prosecutors’ conduct in the case. Fairfax County Circuit Court Judge Brett Kassabian told prosecutors on Friday that he would rule within seven to 10 days on whether to take the “draconian measure” of dismissing the misdemeanor charges against Fairfax County police officer Tyler Timberlake. READ MORE: 2 Maryland Men Charged With Setting Car On Fire, Shooting Into House Of Women They Met At Seacrets, Ocean City The Washington Post reports that Kassabian accused prosecutors of failing to disclose evidence to the officer’s attorney and making statements that appeared to be misleading. Body camera video shows Timberlake using a stun gun on La Monta Gladney, punching the man and sticking his knees on the man’s neck without any apparent provocation after the officer responded to call in June 2020. READ MORE: Tony Robinson Charged In Chicago Stabbing Death Of Anat Kimchi, UMD Graduate Student Timberlake’s...
    A judge ordered the Los Angeles County Sheriff’s Department to promptly turn over records on thousands of cases of deputy misconduct and on-duty shootings after finding the agency had failed repeatedly to honor a public records request filed by The Times. The department has 90 days to turn over records first sought by the newspaper in 2019, shortly after lawmakers passed a landmark police transparency law that made public previously confidential records about law enforcement officers. Under the law, Senate Bill 1421, shootings or other serious uses of force by officers, as well as confirmed cases of sexual assaults or acts of dishonesty by police, must be disclosed. The Times requested records on all cases that fell within the scope of the new law and, under the state’s public records law, the department was required to provide them. However, while the department has identified more than 6,000 incidents that likely fall under the law, it was slow to begin producing records and then handed over files on only a small fraction of the incidents. The Times sued for the...
    A Georgia judge issued a ruling on Thursday in a lawsuit brought against Fulton County governmental entities by nine residents of Georgia seeking an audit of an estimated 147,000 absentee ballots cast in the November 2020 election that has both sides claiming victory. Judge Brian Amero ruled that sovereign immunity prohibited the plaintiffs from suing the defendants, Fulton County, the Fulton County Board of Registration and Elections, and the Fulton County Clerk of Superior and Magistrate Courts, and granted the requests of the defendants to dismiss the case against them. But the judge also permitted the plaintiffs to add the five individual members of the Fulton County Board of Registration and Elections to the lawsuit, thereby keeping parts of it alive, and allowing a previously ordered ballot inspection to continue. “This is a huge victory for everyone who wants to get to the truth about the way in which Fulton County mishandled the absentee ballot count,” Bob Cheeley, an attorney for two of the nine plaintiffs, told Just the News. “We were really pleased that the court has ruled in our favor for the...
    (CNN)A Georgia judge has dismissed most of a lawsuit seeking an inspection of Fulton County's absentee ballots from the 2020 presidential election.It's a potential setback to the Republican-led effort to undermine the legitimacy of the results in the state's largest county, even though the case will proceed for the time being.The plaintiffs, who believe counterfeit ballots were counted in the 2020 election, have pushed to use microscopes to examine nearly 150,000 absentee ballots. They are seeking to examine the paper stock, creases and method in which the bubbles were filled to determine if any ballots are counterfeit.Even if the audit proceeds, it will not lead to Georgia's election results -- which have already been certified for President Joe Biden -- being overturned.Henry County Superior Court Chief Judge Brian Amero on Thursday dismissed the case against Fulton County, the Fulton County Board of Registration and Elections, and the Fulton County Clerk judge. He said the plaintiffs "have failed to meet their burden to show an applicable waiver of sovereign immunity such that their constitutional claims may proceed against these governmental actors...
    A judge will allow a diminished Georgia election fraud lawsuit, which seeks to inspect nearly 150,000 absentee ballots in Fulton County, to move forward. Although Henry County Superior Court Chief Judge Brian Amero dismissed the bulk of the claims in the lawsuit — the judge ruled the county, county elections board, and county courts clerk could not be defendants in the suit — he kept it alive on Thursday by granting the plaintiffs' request to add individual members of the county board of elections as respondents. As a result, he left in place an order for the ballot review. The three original defendants argued they could not be sued under sovereign immunity laws, which dictate state and local governments cannot be sued without their consent. GEORGIA OBSERVER SAYS FULTON COUNTY ELECTION WAS SLOPPY BUT NO FRAUD FOUND The plaintiffs in the case, nine Georgia voters, scored a victory last month when Amero ordered scanned images of 147,000 absentee ballots to be unsealed. But he placed the inspection, which would allow for high-resolution re-scans of ballots and an in-person...
    An Iowa judge has died while at the courthouse where he served for more than two decades. The Waterloo-Cedar Falls Courier reports that paramedics were called Tuesday evening to the Black Hawk County Courthouse in Waterloo, where District Associate Judge Jeffrey Harris was found unresponsive in his office. Capt. Mark Herbst of the Black Hawk County Sheriff's Office said an autopsy is planned but the death appeared to be from a medical condition. Foul play is not suspected. The Black Hawk County courthouse in Waterloo, Iowa where Judge Jeffrey Harris served for more than two decades. (Google Maps) Harris graduated from the University of Iowa School of Law in 1977. He was appointed to the bench in 1997.
                        State investigators in Georgia reportedly inspected hundreds of potentially suspicious absentee ballots in Fulton County supposedly cast during last year’s presidential election even though those officials didn’t have the legal right to do so. This, according to an article that Real Clear Investigations published Tuesday. “After several Fulton County, Ga., poll monitors testified last year that boxes of mail-in ballots for Joe Biden looked liked they’d been run through a photocopy machine, state investigators quietly broke the seal on one suspicious box and inspected the hundreds of votes it contained for signs of fraud,” Real Clear Investigations reported. Real Clear Investigations reported that state officials “never disclosed its probe to the public or to election watchdogs suing to inspect the ballots.” “State officials also neglected to inform the judge hearing the lawsuit that they were conducting such an inspection, even though the judge had issued a protective order over the ballots in January,” according to Real Clear Investigations. “In a nine-page amicus brief recently filed in the case, attorneys for...
                        McDONOUGH, GEORGIA — The lawsuit alleging voting shenanigans in Fulton County during last year’s presidential election continued Monday as Chief Judge Brian Amero heard opposing attorneys spar over voters’ rights and whom to hold accountable for violating those rights. Amero presides over the case out of Henry County. Voters want the right to investigate Fulton County’s absentee ballots and, if they exist, track down possible counterfeits. VOTER GA spokesman Garland Favorito told The Georgia Star News before Monday’s hearing that Amero was to hear several motions. In one motion, members of the Fulton County Board of Elections asked to remove themselves from the case. In another, county officials asked for the same thing for themselves. Amero will have to determine which one of the two entities the law will recognize as the appropriate defendant. “They [the two Fulton County entities] are sort of finger-pointing at each other, and neither one wants to take responsibility for what happens. It all goes down to Georgia’s sovereign immunity,” Favorito said. Sovereign immunity...
    A Georgia judge heard arguments on Monday over whether to dismiss a lingering 2020 election fraud lawsuit in the state's most populous county with an inspection of close to 150,000 absentee ballots hanging in the balance. Attorneys for Fulton County officials spoke against the case claiming the court lacked jurisdiction, the state holds sovereign immunity, opponents presented a lack of evidence in the monthslong contest, and that there was no dispute of one's voting rights in the present or future. These arguments clashed with the legal team for the plaintiffs who argued fraud led to a violation of their constitutional rights and relief from the courts is needed to combat fraud in upcoming elections. Henry County Superior Court Chief Judge Brian Amero said Monday he needs time to "review and think about [the case], so that’s what I’m going to do, is take it under advisement." If the case moves forward, a review of Fulton County absentee ballots could commence under guidelines set by Amero. The judge previously ordered on May 24 to unseal scanned images of 147,000 absentee...
    A Los Angeles County Superior Court judge has declared that Measure J, which county voters approved last year to set aside public funds for social services and jail diversion programs, is unconstitutional. In a proposed ruling Thursday, Judge Mary Strobel said the amendment to the county’s charter improperly restricts the L.A. County Board of Supervisors from deciding how and where to spend county funds. Strobel said at a court hearing that she expects to make the ruling final in coming weeks. The measure, which passed easily, requires that 10% of locally generated, unrestricted county money — an estimated $300 million each year — be spent on services such as housing, mental health treatment and investments in communities harmed by racism. The measure prohibits the county from using the money on prisons, jails or law enforcement agencies. The current board or any future board, the judge said, could adopt a budget with those spending priorities — but it can’t be forced to. “The only question presented is whether the ballot process can be used to take this budgeting choice out...
    Harvey Weinstein can be extradited to California for a trial on charges that he sexually assaulted five women in the Los Angeles area, according to a ruling by a New York judge on Tuesday. Erie County Court Judge Kenneth Case rejected the arguments made by the 69-year-old Weinstein's legal team, including that the paperwork for extradition in Los Angeles was erroneous and that their client should remain in New York due to medical treatment he is receiving. Erie County Assistant District Attorney Colleen Gable pushed back on the health-related argument, saying, "It’s Los Angeles. It’s not some remote outpost that doesn’t have medical care," according to a report by Fox News. HARVEY WEINSTEIN'S LAWYERS FILE APPEAL OF RAPE CONVICTION Erie County prosecutors said they are in contact with Los Angeles County authorities, but it's unlikely that Weinstein will be transported to California until mid-July, according to the Los Angeles Times. Weinstein was sentenced to 23 years in New York state prison in March 2020 after a Manhattan jury found him guilty of rape and sexual assault. The movie mogul...
    UPDATE: A judge on Tuesday ordered that a Clifton police officer accused of sexually abusing a child remain jailed pending trial. Superior Court Judge Marybel Ramirez, sitting in Paterson, rejected defense attorney Joseph Afflitto Jr.'s bid to free Frank Castro-Ramirez, 39, from the Bergen County Jail. Passaic County Prosecutor Camelia Valdes said Clifton police notified her office’s Special Victims Unit of the allegations nearly three weeks ago. Prosecutor’s detectives then interviewed several witnesses and the victim, who “reported being sexually abused by Mr. Castro-Ramirez on numerous occasions at the child’s home in Clifton between May 2019 and April 2021,” Valdes said. Castro-Ramirez has been jailed since his arrest on June 3. He's charged with aggravated sexual assault, sexual assault and aggravated criminal sexual contact, as well as child endangerment. Special Victims Unit Assistant Passaic County Prosecutor Alyssa DiSturco secured the judge's detention ruling, Valdes said. 
    UPDATE: A judge in Paterson will decide Wednesday whether a city police officer charged with assaulting a victim and lying about it should remain jailed or be released from custody. Spencer Finch, 44, of Mahwah has been held in the Bergen County Jail since Friday, records show. The Passaic County Prosecutor's Office charged him with aggravated assault, official misconduct and illegal weapons possession, as well as tampering with public records.  Passaic County Prosecutor Camelia M. Valdes said the 18-year city department veteran beat a victim with his fist and a flashlight and kneed him in the face on May 26, then filed a bogus report about it, authorities charged. “The aggravated assault took place while the defendant was on-duty and in uniform,” Valdes said.  The prosecutor didn't say where or under what circumstances. “The defendant then prepared, signed, and submitted a police report describing the incident that contained several false statements,” she added. Valdes said her office plans to ask a Superior Court judge to keep Finch jailed pending trial.
    HOLLYWOOD (CBSLA) — A judge Friday blocked the placement of a 66-year-old man designated a sexually violent predator in a La Crescenta neighborhood. Superior Court Judge James Bianco said his decision to reject the bid to have Calvin Lynn Grassmier placed at a home in the 5600 block of Freeman Avenue was based on five factors, including a significant number of people living in close proximity to the proposed location and inconsistent cell phone reception, which is key to GPS monitoring. READ MORE: Cedars-Sinai To Host Seven Blood Drives Next Week As Blood Supplies Remain Low Bianco said he believed the challenge posed by those factors was “too great” and that he “didn’t agree with this particular location,” but said he was confident an appropriate placement would be made. “And Mr. Grassmier, I want to tell you that you will be placed in the community,” he said. Bianco said he hoped better communication with law enforcement would help to address potential concerns as soon as possible. As for the La Crescenta placement, Los Angeles County Sheriff Alex Villanueva was among...
    LAPEER, Mich. (AP) — A judge who lost reelection in November while a misconduct case against him was pending will be barred from serving again for six years, the Michigan Supreme Court said Friday, June 11. The misconduct case against Byron Konschuh stemmed from acts that occurred when he was a Lapeer County judge and years earlier when he was a prosecutor. READ MORE: State Board Ordered To OK Bill To End Emergency Powers Law There was no dispute that Konschuh deposited at least 42 checks totaling more than $1,000 into personal bank accounts when he was a prosecutor. The checks were fees owed to the prosecutor’s office by a collections company hired in bad check cases. Konschuh said he used the money to reimburse a portion of his personal spending on office snacks and other expenses. READ MORE: Detroit Teen Girls Create Mobility Hub In Corktown, As A Way To Connect Detroiters Konschuh pleaded no contest to a misdemeanor in 2016, though the case was ultimately dismissed under the plea agreement. “We conditionally suspend him without pay for a...
    SANTA ANA (CBSLA) – An Orange County Superior Court judge could decide Friday whether to grant a request by prosecutors to drop multiple charges against a Newport Beach surgeon and his girlfriend who have been accused of drugging and raping several women. FILE — Dr. Grant Robicheaux and his girlfriend Cerissa Riley listen during their arraignment at the Harbor Justice Center in Newport Beach, Calif., on Oct. 17, 2018. (Paul Bersebach/Orange County Register/Getty Images) Last month, the California Attorney General’s Office asked a judge to drop six of the seven purported victims from the case, but still try the couple on charges involving just one alleged victim. READ MORE: Procession, Memorial Friday For Fallen San Bernardino Sheriff’s Sgt. Dominic Vaca Dr. Grant Robicheaux, 40 had originally been charged in connection with seven victims, while 34-year-old Cerissa Laura Riley had been charged in connection with five. The Attorney General’s Office took over prosecution of the case from the O.C. District Attorney’s Office in July of 2020. At a May 14 hearing, Bromberg asked the state prosecutors to provide more information to...
    WESTCHESTER COUNTY, New York (WABC) -- Westchester County District Attorney Miriam Rocah announced a review Thursday into the controversial police shooting deaths of Danroy Henry and Kenneth Chamberlain.Former Federal Judge John Gleeson will assist in the review of the shootings themselves as well as the subsequent handling of the cases by the Westchester District Attorney's Office.Danroy Henry, Jr., known as DJ, was killed on October 17, 2010, when officers shot at his moving vehicle.He was 20 years old and a student at Pace University."In the 3,088 days since our son was killed, we have simply asked for an objective review of the absolute truth surrounding his killing," parents Danroy Henry, Sr., and Angella Henry said in a statement. "We welcome today's news as a necessary and overdue step which we hope will lead to some more just outcome."ALSO READ | Suspect arrested, charged after punching 75-year-old Asian woman in face in QueensEMBED More News Videos The attack happened earlier this week as the woman was walking to her Corona home. Kenneth Chamberlain, Sr., a 68-year-old former U.S. Marine who suffered...
    Former Penn State president Graham Spanier, accused of covering up Jerry Sandusky abuse allegations, leaves his preliminary hearing in Harrisburg, Pennsylvania, Tuesday, July 30, 2013. Christopher Weddle/Centre Daily Times/Tribune News Service via Getty Images Former Penn State president Graham Spanier has reported to jail to start his sentence in a child engagement case linked to the Jerry Sandusky scandal. An online inmate locator shows that Spanier has started his sentence at the Centre County Correctional Facility in Centre County, Pennsylvania. It's unclear when he reported to jail, but a judge last month ordered him to begin serving his sentence by July 9, Penn Live reported. At the time, the judge said Spanier would spend at least two months behind bars for his misdemeanor conviction of endangering the welfare of children. Spanier was charged over his response to a 2001 report that Sandusky, a former Penn State assistant football coach, had been seen showering alone with a boy in a team locker room. At the time, Spanier had called the incident horseplay and opted not to notify police, NBC Philadelphia...
    FORT WORTH (CBSDFW.COM) – Outgoing Fort Worth Mayor Betsy Price has officially joined the race for Tarrant County judge. It was in January when Price announced that she would not run for re-election. The 71-year-old is the city’s longest-serving mayor and first took the office in 2011. READ MORE: Discover DFW: Fort Worth Nature Center Speculation about Price’s possible candidacy for Tarrant County’s top job heated up after current Tarrant County Judge Glen Whitley made an announcement on June 8 that he would not seek a fifth term. READ MORE: 1 Dead After Late-Night Pileup With Big Rig On I-35W In Fort Worth Price will be running against fellow Republican Tim O’Hare, the former mayor of Farmers Branch, who has also announced a run for the judge position. MORE NEWS: Darriynn Browns Charges Upgraded To Capital Murder In Death Of 4-Year-Old Cash Gernon In Dallas The general election for Tarrant County Judge will be held on November 8.
    MINEOLA, Long Island (WABC) -- The New York State Senate on Tuesday confirmed Nassau County District Attorney Madeline Singas as an Associate Judge on the Court of Appeals, and her replacement is the first Black DA in county history.The confirmation filled a key vacancy with a prosecutor and triggers an election this fall to select a new Nassau County district attorney.Singas replaces Judge Leslie Stein, who is retiring in June.Acting District Attorney Joyce Smith, who will be sworn in Wednesday afternoon, is a longtime special victims prosecutor.TOP NEWS | Suspect in 10-year-old boy's fatal shooting facing several charges in QueensEMBED More News Videos Derick Waller reports on the arrest from Far Rockaway. She is originally from Hollis, Queens, and graduated from the Howard University School of Law. She is the first African American DA and the third woman to serve the post in Nassau County history.Singas, who was first elected as Nassau DA in November of 2015, championed access to justice for all, including creation of an Immigrant Affairs Office to focus on crimes against immigrants.She dedicated unprecedented resources to...
                      by Paul Sperry  When Fulton County, Ga., poll manager Suzi Voyles sorted through a large stack of mail-in ballots last November, she noticed an alarmingly odd pattern of uniformity in the markings for Joseph R. Biden. One after another, the absentee votes contained perfectly filled-in ovals for Biden — except that each of the darkened bubbles featured an identical white void inside them in the shape of a tiny crescent, indicating they’d been marked with toner ink instead of a pen or pencil. Adding to suspicions, she noticed that all of the ballots were printed on different stock paper than the others she handled as part of a statewide hand recount of the razor-thin Nov. 3 presidential election. And none was folded or creased, as she typically observed in mail-in ballots that had been removed from envelopes. In short, the Biden votes looked like they’d been duplicated by a copying machine. “All of them were strangely pristine,” said Voyles, who said she’d never seen anything like it in her 20 years monitoring elections in Fulton County, which...
    A JUDGE has ordered a Virginia gym teacher be reinstated after he vowed he would not "recognize that biological boys can be girls." Byron Cross was suspended after he said he would not use students' preferred pronouns during a Loudoun County Public Schools meeting last month due to his religious beliefs. 3Cross was suspended after saying he would not use students' preferred pronounsCredit: Loudon County Public Schools 3A judge ordered that the teacher be reinstatedCredit: Facebook/Leesburg Elementary School Parent Teacher Organization Cross said that because of his Christian faith, he could not recognize "a biological boy can be a girl and vice versa." "It's lying to a child, it's abuse to a child, and it's sinning against our God," the gym teacher continued. On Tuesday, Judge James Plowman ordered a temporary injunction and slammed the school district for suspending Cross with only three weeks left in the school year. In his ruling, Judge Plowman said that "action could certainly have been taken by the Defendants that did not rise to this extreme," according to The Loudoun Times-Mirror. 3Cross...
    A Virginia judge ruled Tuesday that a public school teacher must be reinstated after he was placed on administrative leave for refusing to use a student’s preferred pronouns, according to court documents. Tanner Cross, a physical education instructor at Leesburg Elementary School in Loudoun County, Virginia, was suspended after he said at a late-May school board meeting that he would never “affirm that a biological boy can be a girl, and vice versa.” District Court Judge James E. Plowman Jr. ruled that the suspension of Cross was “an unconstitutional action … which has silenced others from speaking publicly on the issue.” School officials circulated a draft proposal that required teachers to use transgender students’ preferred pronouns. Cross said his unbending position to always tell the truth, along with his Christian faith meant he could not use a transgender child’s selected pronoun. (RELATED: Watch This ‘Transyouth’ Doctor Downplay The Significance Of ‘Life Altering’ Chest Surgery For Young Girls) Cross was put on paid administrative leave on May 27, which banned him from entering the school or speaking at school board meetings,...
    A Virginia gym teacher who was suspended for objecting to two policies related to transgender students because he said they went against his religion has been ordered to be reinstated by a judge, who pointed to free speech and religious liberty in his decision.  Byron Tanner Cross, 38, was suspended from Leesburg Elementary in Loudoun County, Virginia, two weeks ago, after speaking at a school board meeting on May 25. He was arguing over two policies put in place by the public school board: one mandating teachers use the pronouns a transgender child identifies with, and one allowing transgender kids to take part in sports with the gender they identify with. The second one also allows kids to use the locker room and bathroom of the gender they identify with.  Cross, in his speech, said the policies 'defile the holy image of God' and constitute child abuse. He also cited a recent 60 Minutes where Leslie Stahl interviewed a handful of young people who had transitioned within months of seeking treatment then regretted it.    Byron Tanner Cross, 38, was reinstated to Leesburg Elementary in...
    A registered sex offender who was set free by a Los Angeles County judge in 2018 because of a 17-year delay in his trial has now been arrested on suspicion of sexually abusing three children in Tulare County, records show. Jorge Vasquez, 48, was arrested by Porterville Police Sunday on suspicion of committing a lewd act upon a child and sexual penetration with a foreign object, jail records show. Vasquez had been in either prison or a state hospital since 1995, when he pleaded no contest to multiple counts of child molestation, court records show. He allegedly lured several children between the ages of 6 and 8 to an alleyway in South L.A. with the promise of candy, where he performed oral sex on three of the boys and forced one to perform oral sex on him, court records show. He was sentenced to 12 years in prison. But in 2000, L.A. County prosecutors sought to have him committed to a state hospital under California’s sexually violent predator act. The law — which was drafted in response to complaints...
    FORT WORTH (CBSDFW.COM) – Tarrant County Judge Glen Whitley announced Tuesday that he will not seek a fifth term in the upcoming 2022 election. Judge Whitley has served as the Tarrant County Judge since 2007, having previously served as a Tarrant County Commissioner since 1997. Tarrant County Judge Glen Whitley (credit: CBS 11 News)
    OAKLAND (CBS SF) — Veteran District Attorney Nancy O’Malley, who is wrapping up her 37-year career as a prosecutor, lashed out Monday at a federal judge’s decision to strike down California’s ban on assault weapons. U.S. District Judge Roger Benitez of San Diego ruled late Friday that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court. READ MORE: Bay Area Filipino-Americans Celebrate Yuka Sasos Historic U.S. Open Win A copy of the decision can be read online. “Under no level of heightened scrutiny can the law survive,” Benitez said. He issued a permanent injunction against enforcement of the law but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal. O’Malley, who has announced she would not be seeking reelection after being Alameda County’s District Attorney for 12 years and a member of the department for 27 years prior, has seen the havoc assault weapons can take and took to social media Monday to voice her objections to the...
    There is still life in a 2020 election fraud lawsuit in northern Michigan. Attorneys for Antrim County and Michigan Secretary of State Jocelyn Benson are objecting to a motion from Matthew DePerno, the attorney for the plaintiff, filed after a judge rejected an effort last month to force a new audit of the results. In anticipation of an appeal, 13th Circuit Court Judge Kevin Elsenheimer said the court "will take all pending motions under advisement," and he ordered DePerno to submit a proposed order on the stay, according to the Traverse City Record-Eagle. But the proposed order DePerno turned in "is not accurate," Michigan Assistant Attorney General Erik Grill contended in a brief. “The Court had stated that 'all matters' would be stayed — including discovery. But the Plaintiff’s proposed order stays only unresolved motions and would not stay discovery or any other matters," he added. A hearing for arguments is scheduled for July 12. MICHIGAN ATTORNEY ALLEGES 1,061 'PHANTOM BALLOTS' FOUND IN ANTRIM COUNTY 2020 ELECTION CASE Elsenheimer's ruling effectively dismissing the case, one of the last 2020 election...
    Among the hottest campaigns in Brooklyn this year is the fiercely contested battle for Kings County Surrogate Judge. The Surrogate’s responsibilities include supervising the estates of those who pass away without wills, guardianships of disabled adults and minors, adoptions of children, and deciding complex legal issues. The Eagle is providing each candidate a forum to clarify their experience and assets to assume the role of Kings County Surrogate Judge. Today’s candidate: NY State Supreme Court Judge Dweynie Esther Paul, interviewed by the EAGLE’s panel of contributors to our regular PANEL: To what do you attribute your endorsements by so many large labor organizations and elected officials?