I don't know if this is an example of unconscious bias against the accused or sloppy reporting. The Washington Post has an article today on the Atlanta courthouse killings that is syndicated in several other papers around the country, that claims:

Nichols had been scheduled to testify Friday morning in a retrial on charges that he repeatedly raped his former girlfriend while holding her captive for three days last summer. The judge had asked for extra security because two days earlier Nichols was caught with two handmade weapons in his shoes as he was leaving court. Nichols's first trial, two weeks ago, had ended with the jury deadlocked 8 to 4 in favor of conviction. (emphasis supplied.)

Nichols lawyer, Brian Hazen, has repeatedly said the jury was deadlocked 8 to 4 or 9 to 3 for acquittal. For example, CNN March 12, 2005 Saturday (Transcript available on lexis.com):

HAZEN: Well, the -- what happened in the house between him and the woman that he had the relationship with was largely a swearing contest. He said one thing, she said something else. It really came down to physical evidence and in the first trial, the jury was split heavily his way. The verdict was 8-4 -- or 9-3 for acquittal. So in that case, the jury was not convinced that the physical evidence supported her testimony beyond a reasonable doubt.

The jury foreperson confirms to CNN's Tony Harris, SHOW: CNN BREAKING NEWS 7:00 AM EST, March 12, 2005 Saturday:

The foreperson of that jury told me that they were leaning 9-3 to acquit Nichols in the first trial.

by TChris

If you put up a sign on a Greenwich, Connecticut telephone pole seeking help in rescuing your lost cat, the local police will leave you alone. If you put up a sign complaining about the environmental policies of J.P. Morgan Chase, however, the local police will charge you with disturbing the peace -- at least if you post the sign on the street where the bank's CEO lives.

That lesson was learned by three environmental activists working on behalf of the Rainforest Action Network. The selective enforcement of an ordinance that bans signs on public property, and of the state law prohibiting disturbances of the peace, appears to hinge on the content of the posted sign, with police taking action only in response to political messages that offend neighborhood residents.

The decision to punish speech on the basis of its political contents violates the First Amendment. The ACLU of Connecticut may (and should) step in to help the activists.

by TChris

Tom DeLay incurred legal bills last year of $370,000 -- an impressive figure for a man who hasn't yet been indicted.

The fees were divided among lawyers in Washington and Mr. DeLay's home state of Texas, where he is facing scrutiny by a grand jury in Austin over his role in the creation and management of Texans for a Republican Majority, the political action committee that he helped establish in 2001. The committee has been accused of funneling illegal corporate donations to state Republican candidates in the 2002 elections.

The bills were paid by the Tom DeLay Legal Expense Trust with funds donated by (among others) Republican members of Congress and corporations. The corporate donors include two businesses that contributed to Texans for a Republican Majority.

Among the corporate donors to the defense fund is Bacardi U.S.A., the Florida-based rum maker, which has also been indicted in the Texas investigation, and Reliant Energy, another major contributor to a Texas political action committee formed by Mr. DeLay that is the focus of the criminal inquiry. Groups seeking an overhaul of Congressional ethics rules have long complained that companies might seek the favor of powerful lawmakers by contributing to their legal defense funds.

Other corporate donors include Coors Brewing, Exxon Mobil, Philip Morris, R.J. Reynolds, Bell South, and AMR, the parent company of American Airlines.

Human Rights Watch reports that abuse of Afghan prisoners dates back to at least December, 2002 when two detainees were killed by U.S. troops:

Unreleased U.S. Army reports detailing the deaths of two Afghan men who were beaten to death by American soldiers show that military prison abuses began in Afghanistan in 2002, and were part of a systematic pattern of mistreatment, a human rights representative said Saturday.

More than two dozen American soldiers face possible criminal prosecution - and one already is charged with manslaughter - in the deaths at the main U.S. detention facility in Bagram, just north of the Afghan capital of Kabul.

The Justice Department's Inspector General's office has completed a follow-up report finding abuse of Muslim prisoners at U.S. prisons. It also shows no one has been disciplined for the violations.

The treatment of Muslim prisoners was part of a semiannual report Fine produces about possible civil rights or civil liberties violations by the Justice Department.

One of the prisons is the Metropolitan Detention Center in Brooklyn. We reported here on the abuse and recommendation of the Inspector General for disciplinary sanctions back in 2004. Videotapes confirmed the abuse. The Inspector General's earlier 2004 report that covered the period through the end of 2003 is available here. A September, 2004 update is here. The first report dated June, 2003 is available here. The latest report covers June 22 to the end of 2004 and should be available on the IG website soon. The pdf version is here.

Human Rights Watch weighs in on the Bush Administration's decision to withdraw from the Vienna Convention's protocol of providing consular protection to citizens arrested abroad.

The U.S. government’s decision to withdraw from a protocol governing diplomatic disputes has immediate consequences for the rights of foreigners detained in the United States and could endanger U.S. citizens who are detained abroad, Human Rights Watch said today.

According to a decision by the Bush administration this week, the ICJ, or World Court, will henceforth have no power to hear cases brought by countries on behalf of detained non-citizens in the United States. Americans in the custody of foreign countries who have been denied access to their country’s embassies will also not have access to the ICJ.

Higher ups at Guantanamo are being investigated for sexual misconduct. If adultery between officers and other American personnel is all that's involved, what a waste of time and resources. Who cares? Why don't they investigate the prisoner complaints of torture and the reasons for the numerous suicide attempts instead?

Judd Legum and Christy Harvey of the Center for American Progress explain why filibusters are necessary and why Bush's most lasting and worst legacy may be his judicial appointments.

by TChris

Armed with a handgun, a man killed seven people and wounded four others at a church service in Brookfield, Wisconsin. The man then killed himself. The victims included two teenagers.

What prompted the violence at the Sheraton Hotel in Brookfield 10 miles west of Milwaukee during a regular service of the Living Church of God in a meeting room was still under investigation, Brookfield's police chief, Dan Tushaus, told reporters. He said the unidentified 45-year-old shooter "was either a member or somehow affiliated with the church" and that he entered the service while in session and began firing.

by TChris

Orlando Mayor Buddy Dyer, a Democrat, has been kicked out of office by Florida's Republican Governor, Jeb Bush. The suspension followed the return of grand jury indictments against Dyer, his campaign manager, Patti Sharp, accused ballot broker Ezzie Thomas, and Circuit Judge Alan Apt. All except Thomas are charged with "providing pecuniary gain for absentee ballot possession or collection," while Thomas is charged with "accepting" payment. A Florida law, passed in 1998, prohibits payment for the collection of absentee ballots.

"The charges are without merit and are totally politically motivated," Dyer said this afternoon, relying on a "vague Florida statue that has never been applied." Dyer, a Democrat, was first elected mayor in 2003. Brad King, the special prosecutor who conducted the investigation, is a Republican.

Congrats to bloggers Jeff Goldstein (Protein Wisdom) and Bill Ardolino (INDC Journal)who have gotten a gig as radio show hosts on RightTalk radio. The program is “The Citizen Journalist Report”, billed as "An irreverent weekly look at blogging, politics, culture, society and various potato heads in government and the media." March 24 is their first show, and I've agreed to provide some "irreverent" legal analysis of the Michael Jackson case and whatever else comes up.

These RightTalk folks are clever. They've co-opted the domain "lefttalk.com." Many people have written me to let me know that when they try to access talkleft, they get sent to righttalk.com. Not exactly. These readers have transposed talkleft into lefttalk by mistake, and when you go to lefttalk.com you get sent to righttalk.com.

Nonetheless, I'm trying to figure out a way to get even. Any suggestions?

by TChris

A semiannual report of possible civil rights violations by the Justice Department asks whether federal prison guards and wardens are discriminating against Muslim prisoners.

In one instance at the unidentified federal prison, the warden "unjustly and inappropriately" ordered an inmate transferred to special housing similar to solitary confinement for more than four months, Inspector General Glenn A. Fine said. The move came five days after the inmate talked to Fine's investigators.

Fine's report provides evidence that the Bureau of Prisons simply refuses to address the mistreatment of Muslim prisoners. Fine "documented the mistreatment of Arabs and Muslims detained at the Metropolitan Detention Center in Brooklyn" more than a year ago, but no prison officials have been disciplined.