Former Congressman J.C. Watt's older brother has been charged with first degree murder as a result of a shooting outside his restaurant.

He was released on $30,000.00 bail. Question: Who gets a $30k bond on a first degree murder charge? Answer: The politically connected.

The Judge in the case of accused sniper suspect John Muhammad has ruled the Virginia terrorism law is constitutional . This is significant because the law provides for the death penalty even if Muhammad was not the "triggerman."

Muhammad's lawyers argued the law was overly vague. The Judge disagreed. We side with the defense, particularly because we don't see how Virginia can seat a jury in the case if everyone in the jury pool is a victim of the crime:

The applicable portion of the terrorism law applies to violent crimes committed with the intent to intimidate the civilian population at large. We think that makes everyone in the civilian population of Virginia a victim, and therefore ineligible to sit on the jury. If Virginia can't seat a jury, they can't try the case and they can't convict.

For reference, § 18.2-31, the Virginia death penalty statute lists thirteen death-penalty eligible offenses. Number 13 is "The willful, deliberate and premeditated killing of any person by another in the commission of or attempted commission of an act of terrorism as defined in § 18.2-46.4."

§ 18.2-46.4. defines an act of terrorism as "an act of violence ... committed with the intent to (i) intimidate the civilian population at large; or (ii) influence the conduct or activities of the government of the United States, a state or locality through intimidation."

In other news from yesterday's hearing, prosecutors said they would likely agree to a request by Muhammad to waive the jury and have the case tried by the Judge, but the defense said it wasn't sure it wanted to waive the jury and has withdrawn the motion. The defense again is pressing its change of venue motion.

The Judge is considering a change of venue--more because of the argument that everyone in the community was victimized than because of prejudicial pre-trial publicity. He said he will likely postpone a ruling until the Judge in the Malvo case has ruled upon a similar request.

Muhammad's lawyers are not happy with lawyers for John Lee Malvo, the other sniper suspect. Malvo's lawyers have gone public with their claim that Malvo was brainwashed by Muhammad.

The home of Max Factor heir Andrew Luster is headed to auction July 17.

Luster, convicted of rape and sentenced to 124 years in prison, was captured two weeks ago after six months on the lam by bounty hunter Duane "The Dog" Chapman. Luster is back in the U.S. serving his sentence in a California prison. Chapman is on bond in Mexico where charges of illegal detainment are pending against him.

Luster owes $550,412.92 on the home, and is about $12,000 in arrears.

Actor Boris Krutonog, who was arrested with Dog while he was videotaping the capture, is back in LA. Charges against him and tv producer Jeff Sells were tossed by a Mexican Judge. According to Krutonog (whom you may have seen in The Italian Job), Dog is a hero.

I think that (Chapman) is an unbelievable hero for doing what he did," he said. "For making the streets of Mexico safe again, I think it's unbelievable."

Update: Kurtonog appeared by phone on Rita Cosby's show on Fox News tonight. He said the Mexico authorites are so impressed with Dog they are talking to him about catching some of their fugitives.

A jury sentenced Chante Mallard to 50 years in the death of a man impaled in her windshield.

How symmetrical. Now, instead of losing one life, we lose two.

A Mexican Judge has determined that sufficient evidence exists against our favorite bounty hunter, Duane "Dog" Chapman, and his brother and his son, to make them stand trial in Mexico on charges of unlawful detention and deprivation of freedom. The sentence, if convicted, could be anywhere from probation to four years.

TV Producer Jeff Sells and actor Boris Krutonog, who were with Dog when he grabbed Luster, were ordered released and should be home tomorrow.

Dog held a press conference in Mexico today, saying he was glad he caught Luster but sorry he had gone about it the wrong way. He also thanked the Mexican authorities for treating him with respect.

Fox's Rita Cosby said on The Factor tonight that a plea deal had been in the works whereby Dog, his brother and his son would get a six month suspended sentence--but after that was worked out the case got re-assigned to a new judge and now it's up in the air. Negotiotions have been going on nonstop, Cosby said.

The reason for the new judge is that now that probable cause has been found, the case is being moved to Guadalajara, which if we remember correctly, is the capital of the state of Jalisco, in which Puerta Vallarta is also located. Guadalajara is not on the ocean, and is 215 miles from Puerto Vallarta.

We predict Dog will be home shortly. Luster, meanwhile, is in solitary.

An explanation of Mexican extradition policy is here. The reason the feds were able to get Luster back to the U.S. so quickly is that he was deported, rather than extradited. Luster entered the country with a false name, which was a deportable offense. To extradite Luster, the feds would have had to comply with the lengthy extradition process under the 1980 Treaty with Mexico, and it would have taken much longer.

Update: We're scheduled to discuss Dog's situation on Court TV's Catherine Crier's show around 5:30 ET Friday. A reporter in Puerto Vallarta will also be on.

Chante Mallard, who hit a man while driving under the influence of drugs and alcohol, who was impaled in her windshield and left to die, was found guilty of murder today by a Texas jury, which deliberated under one hour. The jury will now consider what her sentence should be. In Texas, juries can determine sentences. Think of it as the punishment phase of a capital case, where after finding guilt, a second trial begins to determine if the defendant should live or die. Only in this case, the jury will be deciding between life in prison or a lesser term of years.

We've read and heard a lot of criticism of the defense team in the past day--suggestions that they should have put Mallard on the witness stand in the guilt phase or called more witnesses. (The defense called one witness, an expert, and then rested.) We disagree. The defense, correctly believing that the facts of the case were so ugly that their client would undoubtedly be convicted, has saved her testimony and their witnesses for the punishment phase.

The jury can sentence Mallard to between 2 and 10 years for the evidence tampering charge she pleaded guilty to last week. It can sentence her up to life on the murder charge. We think the defense will put on some strong mitigation evidence and persuade the jurors not to give this young woman life in prison.

We're scheduled to debate the trial issues and defense strategy with Marcia Clark on Hannity and Colmes around 9:30 EST tonight.

There's some more fallout from the Chinese "espionage" case involving accused double agent Katrina Leung and her FBI handler-lover David Smith. The FBI has removed Daniel Sayner as the head of the Los Angeles Counterintelligence office and put him back on street duty. Sayner was offered a lateral transfer which he turned down, preferring street duty.

Bounty Hunter Hunter Duane "Dog" Chapman and the rest of his crew have been released from a Mexican jail. But, they are not out of trouble.

Mexican authorities have charged the five with "two counts each of unlawful deprivation of someone's liberty, a lesser form of kidnapping, and conspiracy to commit that crime."

For now, the group must stay within Mexico. On Monday, "a judge will decide whether to drop the charges or continue with a trial."

In other Andrew Luster case-related news, police have found Luster's diary in a motel room in Mexico. They say it contained a "payback" list that included a prosecutor, law enforcement officers and some of the rape victims. Luster maintains that he had consensual sex with the women.

Update: 9/14/2006 arrest news here.

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This is not good news. Duane "Dog" Chapman, whom we have written a lot about this past week since he caught Andrew Luster, and his crew are going to be criminally charged in Mexico.

Prosecutor Marco Roberto Juarez said he is charging the five with criminal association and illegal deprivation of liberty, which is like kidnapping without requesting a ransom. Both charges carry a maximum of four years in prison.

The five were being transferred to a state penitentiary and court house in Puerto Vallarta, where the charges will be presented to a judge. They were led out of the prosecutor's office Friday unshaven and looking tired and glum. With their hands shoved in their pockets, they refused to talk to reporters. Chapman, his brother Timothy, his son Leland, reality TV producer Jeff Sells and actor Boris Krutonog were arrested about two hours after they captured Luster near a Puerto Vallarta taco stand where he had just ordered breakfast.

We're not the only ones in Denver to support Chapman. Read this. We know Dog's Denver lawyer and his Hawaii lawyer and we have no doubt they will be helping Dog and the others out immediately.

Fox News is covering the story Saturday night-- we were asked to go on but since we're out of town and way too far from any studios. we had to take a raincheck. If you're watching, we hope you will give him the benefit of the doubt.

Accused double agent Katrina Leung has been granted bail by a federal judge.

[Leung] must agree not to leave Los Angeles County, with her movements monitored by a GPS tracking device. She also must provide the judge with a statement of her financial assets.

Leung was indicted last month on charges of illegally obtaining, copying and retaining classified U.S. national defense documents with the purpose of aiding a foreign nation and passing those documents to the Chinese government.

For all of our prior Leung coverage in one place , go here. Atrios has been all over this case as well. He's posting even while in Europe, and his guest bloggers, Leah, Tresy and Lambert are terrific.

Mexican authorities deported Andrew Luster, who was then flown back to California via commercial airliner and

The New York Times has this profile of Robert Morvillo, Martha Stewart's chief lawyer.