by TChris

A Texas prosecutor crossed the line during opening statements today in the trial of a nurse accused of killing ten elderly patients.

Vickie Dawn Jackson's attorney asked for the mistrial after prosecutor Ralph Guerrero said no one may ever be able to provide a motive - not even Jackson herself - for the crimes at Nocona General Hospital four years ago. Defense attorney Bruce Martin said that indicated Jackson would testify when she is not required to do so.

The judge initially denied a mistrial motion, then reconsidered and granted the mistrial after taking a two-hour break. The case will resume, with a new jury selection, on March 29.

Jackson Trial Update
Monday March 14

Michael Jackson looked much better today in court. The cross-examination of his accuser continues, with the boy making admissions that helpful to the defense.

The accuser was known as a disruptive student and twice told the dean at the school that Jackson never did anything improper to him.

Additional mistakes by law enforcement are coming to light in Friday's Atlanta courthouse shootings:

The Atlanta Journal-Constitution reported Monday that a courthouse surveillance camera recorded Nichols' initial surprise attack on Deputy Cynthia Hall but that no one in the control center noticed the assault.

"It's not just horrible, it was preventable," Senior Superior Court Judge Philip Etheridge told the newspaper. A video camera that is supposed to be monitored by two guards in a command post shows Nichols lunging at Hall and knocking her backward, according to a law enforcement official who saw the tape.

Etheridge said Hall, a petite 51-year-old, should not have been alone with Nichols, a former college linebacker who had been found with two sharpened door hinges in his socks earlier in the week.

From all the interview segments I've seen of hostage Ashley Smith, it sounds like she will be a good mitigation witness for Nichols. That's good news for the lawyers who will be trying to save his life.

The Judge in the Scott Peterson case is scheduled to rule on Scott Peterson's motion for a new trial Monday. If he denies it, Peterson will be sentenced Wednesday. If the judge affirms the jury's death sentence, he will be transferred from the county jail to San Quentin's death row, where he will wait five years before a lawyer is appointed to represent him in his first appeal.

Jackson Trial Update
Sunday March 13

Cross-examination of Michael Jackson's accuser resumes tomorrow. The trial is proceeding more rapidly than anticipated. Jackson's lawyer, Tom Mesereau, has been doing an excellent job.

Here's a quick wrap-up of the three juvenile witnesses, the accuser, his brother and his sister:

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

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.

Update: How he was caught:

During the night, Nichols approached a woman as she was entering her suburban Atlanta apartment and introduced himself as a wanted man, authorities said. "It's my understanding that he had told her, 'If you do what I say, I won't kill you,"' Georgia Bureau of Investigation Director Vernon Keenan said.

The woman either escaped or was allowed to leave and called 911. A SWAT team gathered outside and Nichols turned himself in after watching the manhunt on television, Gwinnett County Police Chief Charles Walters said.

"He literally waved a white flag or a T-shirt and came out to our folks," Walters said.

Original Post:

Two former New York detectives who were charged yesterday with carrying out Mafia hits years ago have been denied bond at a detention hearing in Las Vegas, where they currently reside. Both are related to former members of the Lucchese

U.S. Magistrate Judge Lawrence R. Leavitt said Louis Eppolito and his former partner, Stephen Caracappa, would pose a serious threat if granted bail. The pair, who were arrested Wednesday night at a Las Vegas restaurant, will be transferred to New York; their arraignments have yet to be scheduled.

Eppolito and Caracappa are each charged with eight murders, two attempted murders, murder conspiracy, obstruction of justice, drug distribution and money laundering, and could be sentenced to life in prison if convicted.

Defense lawyers said the men were highly respected officers. They retired and moved to Las Vegas more than ten years ago and now live across the street from each other.

Caracappa's lawyer David Chesnoff read several letters from former New York Police Department colleagues who urged the judge to grant Caracappa's release. "It seems incredible to me that those people who placed (Caracappa) in a position of trust for all those years are now relying on the words of informants," Chesnoff said.

Update: 9:30 pm CNN confirms green Honda has been found in a parking garage.

Bump and Update: It was very interesting to see active Judges on cable talk shows tonight. Usually, Judges avoid television like the plague. Hardball was particularly interesting. Chris Matthews was itching for one of his Judge guests to rant against out of control defendants, and it didn't happen. All were reflective and out to keep the calm. This was an aberration. A one in a thousand occurrance. No one could imagine it becoming routine. Chris tries again with his next queue of guests--former New York sex crimes prosecutor Linda Fairstein and FBI profiler Cliff Van Zandt-- again excitedly reciting the details of the rape the suspected killer allegedly committed--and how he had a weapon in his shoe yesterday. (Chris didn't mention this was the second trial for the suspect. Last week, a jury heard the case and deadlocked--no finding of guilt.) I changed the channel, so I can't tell you if Fairstein ran with the hysteria.

Also, only one tv report I've heard has mentioned that the overpowered deputy who was killed was a female. And why was only one deputy escorting the prisoner?

A man in Wisconsin killed himself and left behind notes confessing to killing Judge Lefkow's husband and mother. She had ruled against him in a medical malpractice suit.

Update: Article about the suspect here.

He would come to court and sit quietly in the front row, an angry man with a disfigured face, a tormented mind - and an all-consuming grudge against the doctors he claimed had botched his cancer treatment and ruined his life.

Bart A. Ross, the 57-year-old Polish emigre who killed himself in a Milwaukee suburb Thursday, left a suicide note in his van saying that he had killed the husband and mother of U.S. District Judge Joan Lefkow, Chicago police said.

Jackson Trial Update
Thursday March 10

Michael Jackson didn't show for court this morning. His lawyer, Tom Mesereau, says he is at a hospital getting treatment for a back problem. The judge has issued an arrest warrant and given Jackson one hour to appear or he will forfeit the $3 million bail. Jackson's accuser was set to continue his testimony today.

Additional news I've heard: Jackson woke up at 5:30 with a sharp shooting back pain. He felt paralyzed. He went to the hospital thinking he would get a muscle relaxer and ended up staying a few hours.

Officers are on their way to meet his car at the highway and bring him to court.

The hour is up, Jackson just arrived at the courthouse. He's walking out of his own accord. Stiffly. He looks shaken. There's a crowd outside shouting "Innocent." He's wearing blue hospital pants. Will the Judge put him in custody? He's five minutes late.