Showing posts with label legal system. Show all posts
Showing posts with label legal system. Show all posts

Monday, January 14, 2013

Armstrong ready as Oprah comes to town


originally appeared in The Associated Press:

Days of preparation dwindled to hours for Lance Armstrong whose scheduled interview with Oprah Winfrey transformed his quiet upscale neighborhood into a destination for media waiting for word of an apology and onlookers snapping pictures of it all for souvenirs.

After more than a decade of denying that he doped to win the Tour de France seven times, Armstrong was set to sit down Monday for what has been trumpeted as a no-holds barred, 90-minute, question-and-answer session with Winfrey.

The cyclist will make a limited confession about his role as the head of a long-running scheme to dominate the prestigious bike race with the aid of performance-enhancing drugs, a person with knowledge of the situation has told The Associated Press.

Winfrey and her crew said they would film the interview at Armstrong's home and broadcast it Thursday on the Oprah Winfrey Network. Local and international news crews were staking out positions in front of Armstrong's Spanish-style villa. News crews began arriving before dawn, hoping to catch a glimpse of Winfrey or Armstrong.

If he was feeling any pressure, Armstrong hardly showed it during a jog under bright skies Sunday, even as members of his legal team began arriving one-by-one at his home.

I'm calm, I'm at ease and ready to speak candidly, he told the AP, but declined to reveal how he would answer questions about the scandal that has shadowed his career like an angry storm cloud.

Armstrong was stripped of all seven Tour titles last year following a voluminous U.S. Anti-Doping Agency report that portrayed him as a ruthless competitor, willing to go to any lengths to win the prestigious race. The USADA chief executive labeled the doping regimen allegedly carried out by the U.S. Postal Service team that Armstrong once led was the most sophisticated, professionalized and successful doping program that sport has ever seen.

Yet Armstrong looked like just another runner getting in his roadwork when he talked to the AP, wearing a red jersey and black shorts, sunglasses and a white baseball cap pulled down to his eyes. Leaning into a reporter's car on the shoulder of a busy Austin road, he seemed unfazed by the attention and the news crews that made stops at his home. He cracked a few jokes about all the reporters vying for his attention, then added, but now I want to finish my run, and took off down the road.

The interview with Winfrey will be Armstrong's first public response to the USADA report. Armstrong is not expected to provide a detailed account about his involvement, nor address in depth many of the specific allegations in the more than 1,000-page USADA report.

In a text to the AP on Saturday, Armstrong said: I told her (Winfrey) to go wherever she wants and I'll answer the questions directly, honestly and candidly. That's all I can say.

After a federal investigation of the cyclist was dropped without charges being brought last year, USADA stepped in with an investigation of its own. The agency deposed 11 former teammates and accused Armstrong of masterminding a complex and brazen drug program that included steroids, blood boosters and a range of other performance-enhancers.

After he was stripped of his Tour titles, Armstrong defiantly tweeted a picture of himself on a couch at home with all seven of the yellow leader's jerseys on display in frames behind him. But the preponderance of evidence in the USADA report and pending legal challenges on several fronts apparently forced him to change tactics, and he still faces legal challenges.

Armstrong's former teammate who was stripped of the 2006 Tour de France title for doping, has filed a federal whistle-blower lawsuit that accused Armstrong of defrauding the U.S. Postal Service. The Justice Department has yet to decide whether it will join the suit as a plaintiff.

The London-based Sunday Times also is suing Armstrong to recover about $500,000 it paid him to settle a libel lawsuit. On Sunday, the newspaper took out a full-page ad in the Chicago Tribune, offering Winfrey suggestions for what questions to ask Armstrong. Dallas-based SCA Promotions, which tried to deny Armstrong a promised bonus for a Tour de France win, has threatened to bring yet another lawsuit seeking to recover more than $7.5 million an arbitration panel awarded the cyclist in that dispute.

The lawsuit most likely to be influenced by a confession might be the Sunday Times case. Potential perjury charges stemming from Armstrong's sworn testimony in the 2005 arbitration fight would not apply because of the statute of limitations. Armstrong was not deposed during the federal investigation that was closed last year.

Many of his sponsors dropped Armstrong after the damning USADA report - at the cost of tens of millions of dollars - and soon after, he left the board of the Livestrong cancer-fighting charity he founded in 1997. Armstrong is still said to be worth about $100 million.

Livestrong might be one reason Armstrong has decided to come forward with an apology and limited confession. The charity supports cancer patients and still faces an image problem because of its association with Armstrong. He also may be hoping a confession would allow him to return to competition in the elite triathlon or running events he participated in after his cycling career.

World Anti-Doping Code rules state his lifetime ban cannot be reduced to less than eight years. WADA and U.S. Anti-Doping officials could agree to reduce the ban further depending on what information Armstrong provides and his level of cooperation.

Friday, January 11, 2013

Self-portraits: Holmes sticks out tongue, has guns

originally appeared in The Associated Press:

The photos were chilling and enigmatic, just like their subject. In the pictures, taken on his IPhone hours before the Aurora movie theater massacre, accused gunman James Holmes mugs for the camera, sticks out his tongue and smiles as he holds a Glock under his face and displays his arsenal arrayed on his bed.

Prosecutors who displayed the pictures at a hearing that ended Wednesday argued the photos display "identity, deliberation and extreme indifference."

Holmes' attorneys - who have been setting up an insanity defense and said they might present testimony about the defendant's mental health - decided not to call any witnesses.

A judge is due to rule by Friday whether prosecutors presented enough evidence to justify Holmes standing trial for more than 160 felony counts stemming from the July 20 attack, which killed 12 people and injured 70. Holmes, 25, may enter a formal plea that day.

The three-day hearing occurred as the nation still recovers from the shock of last month's shooting at a Connecticut elementary school that killed 20 children and six adults. It wrapped up just as the Colorado Legislature began its session and pledged to tackle gun violence, and Vice President Joe Biden met with families of victims as part of the White House's own gun control push.

Prosecutors presented the most detailed description of the attack and Holmes' alleged months of preparation. But they never addressed the mystery of why Holmes opened fire six weeks after leaving a neuroscience graduate program.

Legal experts say evidence against Holmes is so strong that the case may end in a plea deal. That would make the hearing the only detailed presentation of the evidence that victims, their families and the public will hear.

Holmes sat impassively through much of the proceedings, watching intently as a surveillance video showed him entering the theater lobby. Family members, who had a better view of Holmes' face than the media did in the packed courtroom, said he smiled multiple times, especially when the photos were shown.

He's not crazy, he's evil, according to the father of one of the victims, whose 24-year-old son was killed in the attack. He's an animal.

The prosecutor argued that Holmes meticulously planned the attack, starting with the online purchase of two tear gas canisters on May 10, followed by buying online 6,295 rounds of ammunition, and body armor, as well as going to local sporting goods stores to purchase an assault rifle, shotgun and two Glock pistols. He bought his ticket for opening night of "The Dark Knight Returns" nearly two weeks before the attack and visited the theater early, photographing the layout.

He rigged an elaborate booby-trap system in his apartment with three different triggers, hoping the detonation would distract police from the carnage he planned a few miles away, investigators testified. The trap was never sprung.

About six hours before the attack, Holmes took a series of photos on his phone. In one he wears black contact lenses and a black stocking cap, with two tufts of his dyed-red hair sticking out like a pair of horns. In another he holds a pistol beneath his face, twisted into a grin. In a third, much of his arsenal - the assault rifle and shotgun, magazines for ammunition, tactical gear and bags to carry rounds - is displayed on a red sheet on his bed.

When Holmes burst into the theater and opened fire just after midnight July 20 there were as many as 1,500 people crowded into the seats and in the auditorium next door, prosecutors said. Some of Holmes' bullets pierced the wall and injured people in the adjacent theater. Holmes fired about 70 rounds, many of which apparently hit multiple people, and was only prevented from shooting more because his rifle jammed, prosecutors said.

He didn't care who he killed or how many he killed, because he wanted to kill all of them, according to the prosecutor.

The hearing is a legal formality to establish the prosecution's case. Defense attorneys rarely mount a full-blown case during such hearings, preferring to save their witnesses for the trial. The defense attorney offered a limited, but notable, preview when she questioned an ATF agent who had listed Holmes' extensive online purchases.

The defense attorney asked whether any Colorado law prevented a severely mentally ill person from buying the ammunition, body armor and handcuffs that Holmes purchased online. The answer: No.

Holmes had seen a psychiatrist at the University of Colorado, Denver. There was no testimony about his year at the school during the hearing. He left the neuroscience graduate program after failing a key exam.

If Holmes is found sane, goes to trial and is convicted, his attorneys can try to stave off a possible death penalty by arguing he is mentally ill. Prosecutors have yet to say whether they will seek the death penalty. They will have 90 days from Holmes' arraignment to hold Holmes for trial to decide.

If Holmes is found not guilty by reason of insanity, he would likely be sent to the state mental hospital, not prison. Such a defendant is deemed not guilty because he didn't know right from wrong and is therefore absolved of the crime, according to the former Jefferson County District Attorney. His case would be reviewed every six months until he's deemed sane and released.

Last year, Bruco Strong Eagle Eastwood was acquitted by reason of insanity of attempted first-degree murder in the wounding of two eighth-graders outside a school not far from Columbine High School. Eastwood is spending time in a mental hospital.

Tuesday, April 24, 2012

Bullying is a Huge Problem in Schools

Story first appeared in USA Today.

The mother of a fourth-grader is asking a Jefferson Circuit Court judge to issue a restraining order against another student who she says has repeatedly bullied and attacked her daughter.

In an affidavit filed Monday, a local mother says her daughter and the other student are in the same class at at Foster Elementary School and the school has failed to protect her daughter on a daily basis from continued bullying, threats, and harm.

The Judge set a court date at 11:30 a.m. May 2 to hear the motion.

The mother says that the other student has pushed her daughter while standing in line for lunch and recently approached her daughter "in a threatening manner with scissors in his hands.

If he had not stopped at the last minute, (her daughter) would have sustained serious injuries, possible permanent disfigurement, and a substantial likelihood of death or serious bodily harm.

If Jefferson County Public Schools refuses to protect these children, then our legal system will have to. A Personal Injury Lawyer in Pikeville says that bullying is an epidemic in our school systems.


For more law related news, visit the Nation of Law blog.
For national and worldwide related business news, visit the Peak News Room blog.
For local and Michigan business related news, visit the Michigan Business News blog.
For healthcare and medical related news, visit the Healthcare and Medical blog.
For real estate and home related news, visit the  Commercial and Residential Real Estate blog.
For technology and electronics related news, visit the Electronics America blog.
For organic SEO and web optimization related news, visit the SEO Done Right blog.