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Duke Lacrosse: Judge Issues Split Opinions

The Judge in the Duke Lacrosse players' alleged rape case issued a split decision yesterday on the unindicted players' motion to prevent the DA from gaining access to their addresses and information stored on their key cards.

Judge Ken Titus decided that Durham District Attorney Mike Nifong can have the addresses of lacrosse players not charged in the case. However, Titus will not allow Nifong to have information that is contained in the same players' key cards.

Nifong said he needs the information because all of the players could be possible witnesses. Defense attorneys said it is an invasion of the players' privacy and some argue it could compromise their safety.

The judge's decision is here . He found:

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S.F. Grand Jury Disbands Without Indicting Barry Bonds

by Last Night in Little Rock

The San Francisco federal grand jury investigation Barry Bonds' alleged steroid use disbanded today without indicting him on anything. Last weekend, Sports Illustrated (SI.com) was anticipating his indictment. Even his lawyer was anticipating an indictment, and he apparently went public to soften the blow.

But, the U.S. Attorney announced today that the investigating is continuing with the new grand jury that starts next week.

Kevin Ryan, the U.S. attorney for Northern California, has the option of swearing in a new grand jury to continue hearing the case, and Anderson's subpoena indicates that is what Ryan will do.

In a statement released today, Luke Macaulay, spokesman for Ryan, did not address that question, but said the investigation was far from over.

"Much has been accomplished to date, and we will continue to move forward actively in this investigation -- including continuing to seek the truthful testimony of witnesses whose testimony the grand jury is entitled to hear," he said.

Now, this is really just a matter of waiting for the other shoe to drop.

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Murder or Treatment?

by TChris

Is Dr. Anna Pou a hero or a criminal? Some physicians think Louisiana's attorney general is on shaky ground charging Dr. Pou and two nurses with murdering patients who were stuck at New Orleans' Memorial Medical Center during Hurricane Katrina.

By all accounts, Dr. Pou is a skilled and dedicated physician. She chose to stay at the hospital for days after the hurricane passed, hampered by heat, the absence of electricity, and dwindling supplies of medicine. The prosecution claims that Dr. Pou and two nurses "went from room to room with a set of syringes and vials, injecting at least four patients with a combination of drugs intended to kill those who could not easily be evacuated from the hospital."

The state's forensic pathologist found traces of both morphine and a central nervous system sedative in the tissue samples of several patients who died, drugs that they were not supposed to have in their bodies.

But what does this prove? That a doctor in desperate circumstances engaged in mercy killings, or that she used whatever drugs she had at hand to ease the suffering of patients while awaiting rescue?

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Ken Lay Autopsy Report Released

The Pitkin County (Aspen) Sheriff's office has released Ken Lay's autopsy report (pdf). The Sheriff's office states in its press release:

On July 19th 2006 The Pitkin County Sheriff's Office received the full autopsy results of Mr. Kenneth Lay from Dr. Robert Kurtzman. The manner of death has not changed, and is classified as natural. The immediate cause of death was classified as arteriosclerotic cardio vascular disease. Based on these findings this case is now closed, there is no evidence of any criminal activity. The post mortem report is available on www.aspenpitkin.com.

Shorter version: Lay had clogged arteries. The Aspen Daily News reports:

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Duke Lacrosse Hearings Today

There will be two hearings today in the Duke Lacrosse players' alleged rape case. One will be a hearing for the uncharged Duke lacrosse players:

Attorneys for the uncharged players want to prevent District Attorney Mike Nifong from gaining access to Duke records of the home addresses of uncharged team members and records of their use of student identity cards. The lawyers argue the information is protected by federal privacy laws.

The other is a pre-trial conference for the three charged players, but Colin Finnerty's lawyer says he doesn't anticipate much of substance to be discussed.

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Ex-Bush Aide Kills Son, Self

Another killing by someone described as most unlikely to commit a crime.

William Lash, Bush's former Assistant Director of Commerce,

after arguing violently with his wife Thursday night, shot and killed his 12-year-old son inside their McLean home, then turned a shotgun on himself and committed suicide, Fairfax County police said.

....Friends and neighbors described Lash as devoted to his only child, William H. Lash IV, who was autistic

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Barry Bonds to be Indicted Next Week?

by Last Night in Little Rock

In a story posted on Sports Illustrated's website (SI.com) this evening, San Francisco Giants "slugger" Barry Bonds will be indicted next week for perjury and tax evasion charges. But no steroids charges. See Indictment on deck? Lawyer: Bonds may face tax evasion, perjury charges. The grand jury's eighteen month term ends next week, so there is reason to believe it is coming then.

Barry Bonds' legal team is preparing for the San Francisco slugger to be indicted as soon as next week and has begun plotting his defense.

Attorney Laura Enos told The Associated Press on Friday that Bonds, second on the career home run list, could be charged with tax evasion and perjury.

Enos, Bonds' personal attorney, also said the lawyers believe the grand jury investigating the star player will expire next Thursday.

"We are very prepared," Enos said. "We have excellent tax records and we are very comfortable that he has not shortchanged the government at all."

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College Town Police Sgt. Charged with Four Rapes

by Last Night in Little Rock

A police sergeant in Bloomington, Illinois, home of Illinois State and Illinois Wesleyan Universities, was charged today with four rapes dating back to 2002, according to a story via AP on CNN.com. Sgt. Jeff Pelo, a 17 year police veteran, was also charged with stalking on Wednesday "a woman who found him lurking outside her home."

Two of the rape victims identified Pelo from a photo lineup, and police found a mask, pry bar and other items in his home that appeared to have been used in at least one of the assaults, Assistant State's Attorney Mark Messman said.

Prosecutors have said the attacker was armed with a knife in one case and a gun in another.

Steve Skelton, Pelo's attorney, called Friday that the identifications were suspect.

No word about any possible DNA links to the accused, but bail was set at $2M.

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Skakel Appeals to Supreme Court

With none other than former Solicitor General Ted Olson as his new lawyer, Michael Skakel is asking the Supreme Court to take his case and overturn his conviction for murdering 15 year old Martha Moxley. At the time of the crime in 1975, Connecticut had a 5 year statute of limitations on murders that were not capital murders. It eliminated the statute of limitations on all murders in 1976. But Skakel wasn't charged with capital murder, and he wasn't charged until 2000, by which time the five year period had long expired.

Skakel's trial lawyer, Mickey Sherman, raised the argument in the trial court and was turned down. His brief is here. After Skakel was convicted at trial, his appellate lawyers took the issue up to the Connecticut Supremem Court, where they were turned down. But, in turning Skakel down, the court had to overrule its own precedent -- earlier decisions that would have required them to rule in Skakel's favor.

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Duke Lacrosse Player Convicted in D.C. Assault Case

After Colin Finnerty was named in the Duke Lacrosse case, prosecutors in D.C. moved to revoke his deferred prosecution and make him stand trial on a misdemeanor assault charge. Finnerty's trial to the court (no jury) concluded today and the judge found him guilty and sentenced him to 6 months probation. The prosecution did not object to the sentence.

One of the victims, Jeffrey Bloxsom, testified that Finnerty pushed him on several occasions during a prolonged confrontation on Georgetown's main drag. Finnerty also threw fake punches that landed within inches of Bloxsom's face and hurled various vulgar homophobic epithets, Bloxsom said.

Bayly said he believed Bloxsom was guilty of "menacing" Bloxsom as part of an assault, even though it was one of Finnerty's friends who admitted punching Bloxsom at the conclusion of the confrontation, giving him a bloody lip.

Finnerty's lawyer, who said he will appeal the conviction, had this to say:

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Ken Lay's Funeral in Aspen

100 of Ken Lay's friends and family filled the Aspen Chapel yesterday for his memorial service. I wrote a detailed post on it over at 5280.com, which I'm sure Lay haters won't like. It ends:

His last weeks could not have been pleasant, facing the prospect of decades in jail and the separation from his wife, children and life as he knew it. The Enron victims may be angry, as if they were cheated of seeing Lay receive a just punishment, but from my vantage point, he paid the ultimate price for his misdeeds. He certainly didn't get off easy.

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Announcing the TalkLeft Duke Lacrosse Forums

Okay, here's something new. TalkLeft's Duke Discussion Boards.

I will make new threads on TalkLeft when there is news in the case. TalkLeft is a blog, not a message board. But the number of comments the Duke case has generated even when there is no news has prompted me to seek a solution other than posting a Duke open thread every day or so.

So let's try discussion boards where you can all comment to your heart's delight on any topic related to the case. I've made ten or so general topics and you can make more IF they are not covered by existing topics.

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