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Tuesday :: August 26, 2003

Who's Supporting Judge Roy Moore?

Have you been wondering who is supporting Alabama Chief Justice Roy Moore in his bid to keep the Ten Commandments display? Journalist and author David Neiwert of Orcinus has some answers. [link via Atrios.]

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Eagle County DA's Lose High-Profile Murder Case

While it hasn't made the national news, local news has been following the murder trial in Eagle of a prominent fur store owner charged with killing her former lover. It was a sordid trial filled with sex, drugs, domestic violence and infidelity. The jury took two hours to acquit Kathleen Denson of all charges.

The wealthy owner of Aspen and Vail fur shops was acquitted Monday evening of murder in the slaying of an ex-boyfriend during the disintegration of a stormy love triangle.

Kathleen Denson, 46, admitted killing Gerald "Cody" Boyd at her Draggin'-A quarter horse ranch last summer, but said the shooting with an antique black- powder handgun was in self-defense from a cocaine-crazed, self-proclaimed hit man.

The trial lasted about two weeks.

The case seemed the stuff of sensational fiction, replete with tales of greed, jealousy, and rage; investigators told of drug-and-booze binges and found video and photos of Denson and Boyd engaged in sexual acts.

And it even featured a little courtroom drama when Deputy District Attorney Greg Crittenden collapsed from exhaustion just before closing arguments, originally scheduled for Friday.

Greg Crittenden reportedly will be a chief prosecutor in the Kobe Bryant case.

(509 words in story) There's More :: Permalink :: Comments

Monday :: August 25, 2003

200 Protest in Boise Against Ashcroft and Patriot Act

200 people showed up to protest John Ashcroft and the Patriot Act in Boise. Here's an early report.

In Oregon, which Ashcroft visited not too long ago, the state Senate today passed a resolution urging Congress to make changes to the Patriot Act. If the resolution goes to the House and passes, Oregon will become the fourth state to take a stand against the Act which Ashcroft is now touring to defend.

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Fox Drops its Lawsuit Against Al Franken

Fox News has dropped its lawsuit against Al Franken. Smart move to cut their losses now. They could also use some better legal advice next time an issue like this presents itself.

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DNA Frees Another Inmate - After 17 Years

Today it's in Missouri-- Lonnie Erby was freed from jail after serving 17 years of a 115 year sentence for crimes he didn't commit. He is now 49 years old. DNA evidence was not available at the time of his conviction. Thanks to the perserverence of The Innocence Project, DNA testing finally was done. Someone else --not Lonnie--raped three young girls....and got away with it.

Nationally, more than 300 men and women have been exonerated of crimes and released from prison as the result of DNA testing, the Innocence Project said. Testing has confirmed the guilt of some other inmates.

How do the exonerated fit back in society after so many years? With great difficulty. There's a new organization to help--the Life After Exoneration Program. They welcome contributions.

Exoneration ends the struggle of many men and women who have fought for years to prove their innocence. But it begins their struggle to survive on the outside. That struggle includes virtually every aspect of life - a job, a place to live, financial resources, a support system, and access to medical, psychological, and dental care. Because no services are provided to exonerees, they must face these overwhelming challenges alone. Many do not succeed. The Life After Exoneration Program was created to address the on-going injustices exonerees suffer in the aftermath of their release. Begun in 2003, LAEP is a nationwide project that appreciates the unique challenges facing the exonerated and provides services and resources to help this growing community of survivors of wrongful conviction re-enter society and rebuild their lives.

The program was started by Barry Scheck and Peter Neufeld, co-directors of the Innocence Project and Dr. Laurie Lola Vollen of the University of California, Berkeley. It is a non-profit project of the Tides Center.

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Round the Bloggerhood

The indefatiguable Howard Bashman of How Appealing is on a much deserved vacation. Howard has the premier appellate law blog in the country, making note of noteworthy appellate decisions and news as they come down. Law Professor Jeff Cooper, who has his own great blog, Cooped Up, is going to try to stand in for Howard over at Cooped Up. We're glad...we thought of doing it here but it's way, way too much work. To make matters worse, John Wesley Hall, who updates on fourth amendment law daily over at FourthAmendment. com is in the Hague this week.

We can't even have a good laugh about it because Skippy, who always at least gets a smile out of us, also is on vacation--he took Mrs. Skippy on an Alaskan cruise.

There's a lesson in here somewhere, like maybe we should give it a rest for a while, but we have lots of law work to do and since we have to work, we may as well blog. Besides, there aren't many prettier, more laid back places to be than Colorado, especially around Labor Day and the month of September when the aspen change. We're staying put.

Update: As we typed this, Skippy blogged in from Alaska, go read.

Meanwhile, Say hello to Autopsy Report, a new blog about autopsies--written by a medical examiner. Lawyers will find it pretty helpful. The blog's author likes the site Virtual Autopsy. [link via lawsites]

And check out Lisa English of Ruminate This who has the latest on the Zogby poll commissioned by the folks at DraftWesleyClark. Very interesting results.

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Big Brother and the 'Victory Act'

Mother Jones has the latest on Orrin Hatch's scary Victory Act.

Utah Senator Orrin Hatch and four of his Republican cronies are out to make the word "narco-terrorism" a household term. Dan Eggen of the Washington Post reports that a draft of the Vital Interdiction of Criminal Terrorist Organizations Act (that's VICTORY as an acronym) would make broad changes to drug trafficking laws, allow for expanded FBI and local police wiretapping, and clamp down on a traditional Middle Eastern form of money transfer.

According to Ryan Singel at Wired News, a draft of the bill defines narco-terrorism as "the crime of selling, distributing or manufacturing a controlled substance with the intent of helping a terrorist group." Essentially, the Victory Act would make it easier for Ashcroft and his minions to charge drug offenders with aiding terrorists, and could potentially freeze the assets of a suspected offender.

Our view, including a description of the new act's provisions, is here.

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Ex-Felons Can Vote in Idaho

The Idaho Statesman reports that county election boards have been denying ex-felons the right to vote--erroneously.

As city elections fast approach, county officials could be depriving untold numbers of felons from the ballot box by saying they can´t vote in Idaho. The fact is, people convicted of a felony in Idaho can vote once they´ve completed their sentence, unless they´ve committed treason. Yet it is generally assumed that felons are excluded from the voting booth.

But when The Idaho Statesman surveyed all 44 county election offices, almost a third got it wrong.

Here's the law, so if you know an ex-felon in Idaho, please get the word out:

The state constitution guarantees former felons the right to vote once their citizenship has been restored. State law says that happens once prison, probation or parole are complete for felonies committed in Idaho.

The law applies to those living in Idaho who have felony convictions in other states--if that state has restored their rights.

Generally, if a person has had their civil rights restored by another state, they can vote here, Ysursa said. A felony conviction does not affect a person´s ability to vote in Idaho, according to the U.S. Department of Justice.

(377 words in story) There's More :: Permalink :: Comments

9th Cir. Rules Doctor's Can't Rat on Patients

The Ninth Circuit has ruled shrinks can't rat out their patients, even if the patient makes a dangerous or threatening confessions during therapy.

Although psychiatrists are sometimes required to report incidents to authorities that could lead to violence, an en banc panel ruled that prosecutors couldn't use testimony from doctors to help convict their patients.

"On balance, we conclude that the gain from refusing to recognize a dangerous-patient exception to the psychotherapist-patient testimonial privilege in federal criminal trials outweighs the gain from recognizing the exception," Judge Susan Graber wrote for the 8-3 majority.

"Although incarceration is one way to eliminate a threat of imminent harm, in many cases treatment is a longer lasting and more effective solution. A criminal conviction with the help of a psychotherapist's testimony is almost sure to spell the end of any patient's willingness to undergo further treatment for mental health problems."

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Arnold's New Look

Arnold is down in the latest poll, but maybe his new look will push him back into the lead. On a more substantive recall topic, here's how the candidates differ on social issues.

The San Francisco Chronicle reports today on hope for the Democrats as the recall momentum drops off a bit. The San Diego Union says latinos are pumped by Bustamente's run. The Mercury News compares Bustamente and Arnold in The Odd Couple.

We remain hopeful Californians will come to their senses and vote no on the recall.

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Excerpt From First Biography of John Walker Lindh

Salon has an excerpt today from "My Heart Became Attached: The Strange Odyssey of John Walker Lindh. "

Salon contributor Mark Kukis retraces John Walker Lindh's footsteps from Yemen to Pakistan, a face-to-face meeting with Osama bin Laden, fighting with the Taliban, and his eventual dramatic capture by U.S. forces. The book is based on dozens of interviews with Lindh's ex-roommates, teachers, friends and government sources.



My Heart Became Attached
The Strange Odyssey of John Walker Lindh

by Mark Kukis

As of this posting, Amazon has only five left in stock.

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Sunday :: August 24, 2003

Protests Against Ashcroft Expected in Boise Monday

Attorney General John Ashcroft takes his travelling road show to Boise Monday. Protests are expected. Idaho is not a Patriot Act-frendly state:

A group called the Boise Patriots is gathering at BSU's library tomorrow at noon to begin their protest. Members are also holding a press conference in front of Boise City Hall at 11:30am. The Boise Patriots had a booth at the Western Idaho Fair to gather petition signatures opposing the act.

The ACLU also opposes the Patriot Act saying it undermines our constitutional rights. Idaho Congressman Butch Otter agrees. He was the only member of Idaho's congressional delegation to vote against it. None of the state's four congressional members plan on attending the event, citing prior commitments.

Boise is also one of about 140 communities against the act. The Boise city council is considering a resolution opposing it.

Protests are also scheduled for Salt Lake City Monday:

Protests begin at the Little America Hotel, 555 S. Main St. in SLC on Monday August 25th at 9:30 am. Bring friends and bring signs. More signs.

For some good commentary on Ashcroft's road trip, check out Elaine Cassel's Brother John's Traveling Patriot Salvation Show, which begins:

In an unprecedented, desperate, and politically motivated move, Brother John Ashcroft has taken to the road. Setting up his tent in strategic cities to bring his Traveling Patriot Salvation Show to lost Americans. With apologies to Neil Diamond, "pack up the babies and grab the old ladies." But take 'em someplace safe, like an old-time religion tent revival, not Brother John's catechism on the USA Patriot Act.

Also check out Monday's New York Times editiorial, An Unpatriotic Act:

Attorney General John Ashcroft has embarked on a charm offensive on behalf of the USA Patriot Act. He is traveling the country to rally support for the law, which many people, both liberals and conservatives, consider a dangerous assault on civil liberties. Mr. Ashcroft's efforts to promote the law are misguided. He should abandon the roadshow and spend more time in Washington working with those who want to reform the law.

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