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Cosby’s sex assault conviction goes before high-level court
Legal Court Feed |
2020/12/01 16:46
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Pennsylvania’s highest court questioned Tuesday whether Bill Cosby’s alleged history of intoxicating and sexually assaulting young women amounted to a signature crime pattern, given studies that show as many as half of all sexual assaults involve drugs or alcohol. Cosby, 83, hopes to overturn his 2018 sex assault conviction because the judge let prosecutors call five other accusers who said Cosby mistreated them the same way he did his victim, Andrea Constand. The defense said their testimony prejudiced the jury against the actor and should not have been allowed.
“That conduct you describe ? the steps, the young women ? there’s literature that says that’s common to 50% of these assaults ? thousands of assaults ? nationwide,” Chief Justice Thomas G. Saylor said during oral arguments in the Pennsylvania Supreme Court. “So how can that be a common scheme?”
The prosecutor, in response, offered more precise details about the relationships, saying Cosby used his fame and fortune to mentor the women and then took advantage of it. And he sometimes befriended their mothers or families.
“There was a built-in level of trust because of his status in the entertainment industry and because he held himself out as a public moralist,” said Assistant District Attorney Adrienne Jappe, of suburban Philadelphia’s Montgomery County, where Constand says she was assaulted at Cosby’s estate in 2004.
“The signature was isolating and intoxicating young women for the purpose of sexually assaulting them,” Jappe said.
Cosby, 83, has served more than two years of his three- to 10-year prison sentence for drugging and molesting Constand, whom he met through the basketball program at his alma mater, Temple University.
Courts have long wrestled with decisions about when other accusers should be allowed to testify in criminal cases. It’s generally not allowed, but exceptions are allowed to show a signature crime pattern or to prove someone’s identity. The state’s high court appears eager to address the issue, and in doing so took on the first celebrity criminal case of the #MeToo era. The court typically takes several months to issue its opinion.
Judge Steven T. O’Neill had allowed just one other accuser to testify at Cosby’s first trial in 2017, when the jury could not reach a verdict. The #MeToo movement took hold months later with media reports about movie mogul Harvey Weinstein and other men accused of sexual misconduct. |
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High court blocks NY virus limits on houses of worship
Law Firm Information |
2020/11/26 21:35
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With coronavirus cases surging again nationwide, the Supreme Court barred New York from enforcing certain limits on attendance at churches and synagogues in areas designated as hard hit by the virus.
The justices split 5-4 late Wednesday night, with new Justice Amy Coney Barrett in the majority. It was the conservative’s first publicly discernible vote as a justice. The court’s three liberal justices and Chief Justice John Roberts dissented.
The move was a shift for the court. Earlier this year, when Barrett’s liberal predecessor, Justice Ruth Bader Ginsburg, was still on the court, the justices divided 5-4 to leave in place pandemic-related capacity restrictions affecting churches in California and Nevada.
The court’s action Wednesday could push New York to reevaluate its restrictions on houses of worship in areas designated virus hot spots. But the impact is also muted because the Catholic and Orthodox Jewish groups that sued to challenge the restrictions are no longer subject to them.
New York Gov. Andrew Cuomo, a Democrat, said Thursday the ruling was “more illustrative of the Supreme Court than anything else” and “irrelevant from any practical impact” given that the restrictions have already been removed.
“Why rule on a case that is moot and come up with a different decision than you did several months ago on the same issue?” Cuomo asked in a conference call with reporters. “You have a different court. And I think that was the statement that the court was making.”
The Diocese of Brooklyn and Agudath Israel of America have churches and synagogues in areas of Brooklyn and Queens previously designated red and orange zones. In those red and orange zones, the state had capped attendance at houses of worship at 10 and 25 people, respectively. But the those particular areas are now designated as yellow zones with less restrictive rules neither group challenged.
The justices acted on an emergency basis, temporarily barring New York from enforcing the restrictions against the groups while their lawsuits continue. In an unsigned opinion the court said the restrictions “single out houses of worship for especially harsh treatment.”
“Members of this Court are not public health experts, and we should respect the judgment of those with special expertise and responsibility in this area. But even in a pandemic, the Constitution cannot be put away and forgotten. The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the First Amendment’s guarantee of religious liberty,” the opinion said. |
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Trump's legal team cried vote fraud, but courts found none
Lawyer News Press |
2020/11/23 00:51
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As they frantically searched for ways to salvage President Donald Trump's failed reelection bid, his campaign pursued a dizzying game of legal hopscotch across six states that centered on the biggest prize of all: Pennsylvania.
The strategy may have played well in front of television cameras and on talk radio. But it has proved a disaster in court, where judges uniformly rejected their claims of vote fraud and found the campaign's legal work amateurish.
In a ruling late Saturday, U.S. District Judge Matthew Brann ? a Republican and Federalist Society member in central Pennsylvania ? compared the campaign's legal arguments to “Frankenstein's Monster,” concluding that Trump's team offered only “speculative accusations," not proof of rampant corruption.
Now, as the legal doors close on Trump's attempts to have courts do what voters would not do on Election Day and deliver him a second term, his efforts in Pennsylvania show how far he is willing to push baseless theories of widespread voter fraud.
It was led by Rudy Giuliani, Trump's personal lawyer, who descended on the state the Saturday after the Nov. 3 election as the count dragged on and the president played golf. Summoning reporters to a scruffy, far-flung corner of Philadelphia on Nov. 7, he held forth at a site that would soon become legendary: Four Seasons Total Landscaping.
Just heating up was Trump’s plan to subvert the election through litigation and howls of fraud ? the same tactic he had used to stave off losses in the business world. And it would soon spread far beyond Pennsylvania.
“Some of the ballots looked suspicious,” Giuliani, 76, said of the vote count in Philadelphia as he stood behind a chain link fence, next to a sex shop. He maligned the city as being run by a “decrepit Democratic machine.”
“Those mail-in ballots could have been written the day before, by the Democratic Party hacks that were all over the convention center,” Giuliani said. He promised to file a new round of lawsuits. He rambled.
“This is a very, very strong case,” he asserted. Justin Levitt, a Loyola Law School professor who specializes in election law, called the Trump lawsuits dangerous.
“It is a sideshow, but it’s a harmful sideshow," Levitt said. “It’s a toxic sideshow. The continuing baseless, evidence-free claims of alternative facts are actually having an effect on a substantial number of Americans. They are creating the conditions for elections not to work in the future.” |
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Tory Lanez pleads not guilty in Megan Thee Stallion shooting
Legal Court Feed |
2020/11/20 00:49
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Rapper Tory Lanez pleaded not guilty through his attorney Wednesday to felony assault charges in the July shooting of hip-hop star Megan Thee Stallion.
Lawyer Shawn Chapman Holley entered the plea in a downtown Los Angeles courtroom to counts of assault with a semiautomatic firearm and carrying a loaded, unregistered firearm in a vehicle on behalf of Lanez, 28, who was not at the hearing.
Lanez was told to return for a hearing Jan. 20 and an order keeping him from making any kind of contact with Megan Thee Stallion was extended.
In a criminal complaint, prosecutors said Lanez, whose legal name is Daystar Peterson, fired on a victim identified as “Megan P.” after she got out of an SUV during an argument in the Hollywood Hills on July 12, and “inflicted great bodily injury” on her. Megan Thee Stallion’s legal name is Megan Pete. If convicted, Lanez faces a maximum sentence of roughly 23 years.
The Canadian rapper was charged in October after months of speculation and publicity surrounding the incident. At first, Los Angeles police reported the incident only as shots fired, a woman with foot injuries, and a man arrested on a weapons allegation.
Megan Thee Stallion, whose legal name is Megan Pete, revealed a few days later that her foot injuries came from gunshots, and more than a month later said in an Instagram video that it was Lanez who fired them. She slowly revealed more via social media in subsequent weeks.
“The way people have publicly questioned and debated whether I played a role in my own violent assault proves that my fears about discussing what happened were, unfortunately, warranted,” she wrote.
The day after he was charged, Lanez tweeted “the truth will come to the light,” and “a charge is not a conviction.”
Lanez has not reached the stardom that Megan the Stallion has, but his album “Daystar,” released in September after the shooting but before he was charged, reached the top 10 on the Billboard album chart, and he has had a successful run of mixtapes and major-label records since his career began in 2009.
Megan Thee Stallion was already a major up-and-coming star at the time of the shooting, and since then, her guest stint on the Cardi B song “WAP” helped turn the track ? and music video ? into a huge cultural phenomenon, and she appeared on the season premiere of “Saturday Night Live.”
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In court, Giuliani argues to block Biden win in Pennsylvania
Law Firm Information |
2020/11/18 21:18
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Rudy Giuliani, President Donald Trump’s personal attorney, returned to federal court Tuesday after a long hiatus to accuse Democrats in control of big cities of hatching a nationwide conspiracy to steal the election, even though no such evidence has emerged in the two weeks since Election Day. The court case is over the Trump campaign’s federal lawsuit seeking to prevent the battleground state of Pennsylvania from certifying its election. Withering questions from the judge gave Trump’s opponents hope that the lawsuit will be one of many filed by the Trump campaign around the country to be tossed out of court.
During several hours of arguments, U.S. District Judge Matthew Brann told Giuliani that agreeing with him would disenfranchise the more than 6.8 million Pennsylvanians who voted. “Can you tell me how this result could possibly be justified?” Brann questioned. Giuliani responded, “the scope of the remedy is because of the scope of the injury.” Meanwhile, lawyers defending the Democratic secretary of state, Philadelphia and several counties said the Trump campaign’s arguments lack any constitutional basis or were rendered irrelevant by a state Supreme Court decision Tuesday.
They asked Brann to throw out the case, calling the evidence cited “at best, garden-variety irregularities” that would not warrant undoing Pennsylvania’s election results, which delivered a victory for President-elect Joe Biden. The Trump campaign’s lawsuit is based on a complaint that Philadelphia and six Democratic-controlled counties in Pennsylvania let voters make corrections to mail-in ballots that were otherwise going to be disqualified for a technicality, like lacking a secrecy envelope or a signature.
It is not clear how many ballots that could involve, although some opposing lawyers say it is far too few to overturn the election result. But Giuliani, the former New York City mayor, spent most of his time in court claiming baselessly that a wide-ranging scheme in Pennsylvania and elsewhere stole the election from Trump in battleground states won by Biden.
Democrats in control in major cities in those states ? Giuliani name-checked Philadelphia, Pittsburgh, Atlanta, Las Vegas, Phoenix, Milwaukee and Detroit ? prevented Republican observers from watching election workers process mail-in ballots so the workers could falsify enough ballots to ensure Trump lost, Giuliani claimed, without evidence to back it up. “The best description of this situation is widespread, nationwide voter fraud, of which this is a part. ... This is not an isolated case, this is a case that is repeated in at least 10 other jurisdictions,” Giuliani said, without citing any evidence. Later, he claimed, “they stole the election.”
The dozens of affidavits Trump’s lawyers filed in the case, however, do not assert widespread fraud, but rather the potential for something fishy to occur because partisan poll watchers weren’t given an opportunity to view the results. Brann did not rule Tuesday. He canceled a Thursday hearing to air the Trump campaign’s evidence and instead gave the parties three more days to file arguments in the case. Next Tuesday is the deadline for Pennsylvania’s counties to certify their election results.
Trump’s campaign has not been shy in previous weeks about publicizing what they say is evidence of election fraud. But there is no evidence of widespread fraud in the 2020 election, and officials of both political parties have stated publicly that the election went well. The Trump campaign argues that Republican-controlled counties in Pennsylvania did not allow voters to correct ballots and claims the inconsistent practice in Democratic-controlled counties violated constitutional rights of due process and equal protection under the law.
Two of the Trump campaign’s co-plaintiffs are voters whose ballots were disqualified by counties that did not notify them about the problems. If no county allowed voters to correct problems with mail-in ballots “it’s very likely that the results would have been very, very different,” argued Linda Kerns, a Philadelphia lawyer working alongside Giuliani. |
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