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Report: Michael Skakel Conviction Upheld

The decision won't be out until tomorrow, but Dorothy Moxley, mother of Martha Moxley, tells the Associated Press that prosecutors called her to tell her the Connecticut Supreme Court has rejected Michel Skakel's appeal.

Skakel's trial lawyer, Mickey Sherman, who did not represent Skakel in the appeal, said it's news to him.

"Nothing will ever change my opinion that an innocent man is in jail," he said. "He's simply not guilty."

Skakel was 15 at the time Martha Moxley was murdered. Had he been charged in 1977 when the murder occurred, he would have been tried in juvenile court and if convicted, received a sentence of no more than two years. That's how juveniles were treated back then in Connecticut.

Had Skakel not been related to the Kennedys, he probably never would have been charged and I doubt he would have been convicted.

From my earlier take on the case.

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FBI Investigated Itself in Prosecutor's Death, Twice

by Last Night in Little Rock

At 5:30 a.m., December 4, 2003, Baltimore Asst. U.S. Attorney Jonathan P. Luna was found drowned in a shallow creek in Lancaster PA, 70 miles away. He was the middle of a drug trial and did not show up for court. The death was ruled a homicide, based in part on 36 stab wounds. The story was put out that he was tortured.

His personal life was examined, and they found out about deep debt hidden from his wife, and sexual encounters attempted to be arranged on the Internet on his computer.

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DeLay Abandons House Leadership Roll

by Last Night in Little Rock

Embattled Majority Leader [not Whip] on leave Rep. Tom DeLay, while still stoutly maintaining his innocence in his Texas criminal case, early Saturday afternoon abandoned all efforts to retain his House leadership role, according to CNN and NYTimes.com in letters to the Speaker and other Republican House leaders.

This was hardly a magnanimous gesture on DeLay's part: The proverbial handwriting was on the wall.

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Time: Duke Cunningham Wore a Wire

by Last Night in Little Rock

Time magazine reports that resigned Congressman Duke Cunningham wore a wire before he broke down and entered his plea, so "sources" say.

I smell a 5K1.1 sentence reduction for cooperation in the offing.

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Martha Stewart Loses Appeal

Martha Stewart is probably very glad tonight jail is behind her. The Second Circuit Court of Appeals has upheld her convictions for conspiracy, concealing material information from and making false statements to government officials, and obstructing an agency proceeding. At last, it's over, except for being on supervised release, which is similar to parole. I'm sure she thinks it's no walk in the park, and she's right, but it's a lot better than being on an ankle monitor or in prison.

The text of the opinion is here. .

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"Corruption Keeps Us Safe and Warm"

by Last Night in Little Rock

Corruption charges... Corruption? Corruption is government intrusion into market efficencies in the form of regulation. That's Milton Friedman. He got a goddam Nobel Prise. We have laws against it precisely so we can get away with it. Corruption is out protection. Corruption keeps us safe and warm. Corruption is why you you and I are prancing around in here instead of fighting over scaps of meat out in the street. Corruption is why we win!

Syriana, imdb and website, Tim Blake Nelson as Danny Dalton, spoken to Jeffrey Wright as Bennett Holiday.

It could probably be shown by facts and figures that there is no distinctly native American criminal class except Congress.

Mark Twain, Pudd'nhead Wilson's New Calendar ch. 9 (1897)

All in all, not the best Congre$$ money can buy.

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Last Weird Crime of '05: Using Sex Offender Registry for Identity Theft

by Last Night in Little Rock

The NY Times reported late Saturday that a man arrested in Bentonville, Arkansas had files in his car and was mining data from the Indiana Sex Offender Registry.

Many in law enforcement get their jollies making post-prison sex offenders suffer for the rest of the lives by hounding them, at least there is a sheriff in Arkansas that does that, be we won't mention his name, but here's his website. At least social security numbers are not on the public Internet, but, for a price, there are plenty of websites that sell that personal data and more on all of us.

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Hinckley to Be Allowed Overnights at Parents' Home

John Hinckley, who shot then President Ronald Reagan in 1981, was found not guilty by reason of insanity. He has been a patient at St. Elizabeths Hospital in Washington ever since and is now 50. In recent years, doctors at the facility have said he is no longer psychotic or depressed. In 2003, the Judge presiding over his case allowed him to have unsupervised visits with his parents. He also has been allowed to make off-site excursions around Washington and to stay overnight with his parents within 50 miles of the hospital.

Today, the Judge went further, granting Hinckley overnight visits with his parents at their Virginia home, three hours from the hospital.

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Causey Pleads Guilty in Enron

Enron defendant Rick Causey pleaded guilty today as expected. His deal is:

  • plead to one ten year securities fraud count
  • forfeit $1.25 million
  • get a 7 year sentence, which can be reduced to 5 if he cooperates and testifies against Lay and Skilling. His cooperation is not mandatory.

The government says it is not sure it will call Causey as a witness. My translation: they aren't buying a pig in a poke. If Causey can't or won't deliver the goods against Lay and Skilling, they won't call him. They aren't going to give him a chance to provide testimony that is favorable to Lay and Skilling. If they don't call Causey, he'll do the seven years. There's no federal parole, you do 85% of your time. Here's TalkLeft's most recent background on the plea deal.

Update: Here is the statement of Causey filed in Court as to what he did wrong and detailing how he defrauded Enron's investors. He doesn't mention any other Enron chiefs by name, but he refers to them in the plural as "senior Enron management." In another instance, he refers to these management chiefs as "those with whom I conspired." It sounds like he is referring to others besides Andrew Fastow.

I've also read the actual plea agreement, which provides he cannot ask for a lesser sentence of 7 years (or 5 if he cooperates); he cannot ask for a lesser forfeiture; he cannot make any money from books or giving speeches about Enron; his restitution and fine will be taken care of by the $1.25 million forfeiture; he waives his right to appeal and to collaterally attack his sentence; the plea agreement does not bind local and state authorities or civil branches of the Government; and he gives up his right to obtain deferred compensation from Enron.

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Enron Defendant Rick Causey Takes Plea Deal

Bump and Update: Causey made his deal. It's tougher times ahead for Ken Lay and Jeff Skilling, who will move for another continuance. The jury summonses have already gone out and 400 questionnaires have been returned. I think there's a good chance Judge Sim Lake will deny a continuance and either say Lay and Skilling should have expected this or that three weeks is enough for them to prepare.

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Original Post: 12/25

Ken Lay, Jeff Skilling and Rick Causey are set for trial in the Enron case on January 17. Word is that Rick Causey is in plea negotiations and may cooperate against Lay and Skilling.

Either the report is not true, or Lay and Skilling's lawyers are in serious denial:

"I've talked to Rick Causey myself, and I don't believe he willfully did anything wrong," said Mike Ramsey, lead attorney for Lay. "I don't believe he would agree to plead guilty to a crime when he didn't commit one."

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Stupid Criminals of the Week

by TChris

The two men who stole a Mustang in San Bernardino would have committed a better crime if they hadn't photographed themselves with the disposable camera they found in the car. When they abandoned the Mustang, they left the camera behind. Police developed the pictures which, together with fingerprints the thieves helpfully left in the car's interior, led them to Albert Engelsman. When the police knocked on Engelsman's door, he was wearing the same shirt depicted in the photographs. Confronted with the evidence, Engelsman ratted out his brother-in-law, the accomplice standing next to him in the impromptu photo shoot.

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DOJ Hires Defense Counsel for Air Marshals

by Last Night in Little Rock

It is reported on Law.com today that DOJ has hired defense counsel for the two air marshals who shot and killed Rigoberto Alpizar last week on a jetway in the Miami Airport.

It should be recalled that the head of the air marshal program and even the White House were defending the use of deadly force against Alpizar as absolutely justified on CNN immediately after the shooting, without so much as an investigation.

The FBI is investigating, and passengers reported to CNN that they heard no bomb threat. He just said "I've got to get off, I've got to get off."

I've been on an airplane where a man panicked about the claustrophobia. He rushed for the door, too, and ran inside. It happens.

Circle the wagons.

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