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Court drops rape, other charges against megachurch leader
Court Watch | 2020/04/12 11:41
A California appeals court ordered the dismissal of a criminal case Tuesday against a Mexican megachurch leader on charges of child rape and human trafficking on procedural grounds.

Naason Joaquin Garcia, the self-proclaimed apostle of La Luz del Mundo, has been in custody since June following his arrest on accusations involving three girls and one woman between 2015 and 2018 in Los Angeles County. Additional allegations of the possession of child pornography in 2019 were later added. He has denied wrongdoing.

While being held without bail in Los Angeles, Garcia has remained the spiritual leader of La Luz del Mundo, which is Spanish for “The Light Of The World.” The Guadalajara, Mexico-based evangelical Christian church was founded by his grandfather and claims 5 million followers worldwide.

It was not clear when he would be released. The attorney general’s office said it was reviewing the court’s ruling and did not answer additional questions.

Garcia’s attorney, Alan Jackson, said he and his client are “thrilled” by the decision.

“In their zeal to secure a conviction at any cost, the Attorney General has sought to strip Mr. Garcia of his freedom without due process by locking him up without bail on the basis of unsubstantiated accusations by unnamed accusers and by denying him his day in court,” Jackson said in a statement.

La Luz del Mundo officials in a statement urged their followers to remain respectful and pray for authorities.



New Mexico courts deem hunter information as public record
Court Watch | 2020/03/22 17:18
The New Mexico Game and Fish Department has been ordered to release information about hunters to individuals who sought the records as part of separate court cases.

A state district judge is ordering the agency to turn over the names and addresses of those who won big game draws between 2015 and 2019 to a Los Alamos County resident who had petitioned the court for the information.

In the second case, the state Court of Appeals said the email addresses of individuals who applied for hunting licenses between 2015 and 2016 must be turned over to former Land Commissioner Aubrey Dunn.

The agency said Thursday that both courts concluded that information collected from the public in connection with the administration of the agency's public duties fall within the definition of public records and are subject to disclosure.

“The department argued against the release, but ultimately lost,” Game and Fish Director Michael Sloane said. “We value the privacy of our customers’ personal information but recognize that is the courts' interpretation of the current IPRA law.”

The department said it wanted to notify its customers that the information was being released and offered the number of the state attorney general's complaint hotline in case anyone is harassed by solicitors or others as a result of the disclosure.



Spanish court: Google search must show man's acquittal first
Court Watch | 2020/03/10 12:18
A Spanish court has partially accepted Google's appeal against a ruling that ordered it to erase news articles about a man accused of sexual abuse, but the new judgement said the company had to display the man's acquittal at the top of any search results.

A National Court decision Friday said that freedom of expression took precedence over personal data protection in this case. However, given the case's special circumstances, the person's acquittal must appear in first place in internet searches, it ruled.

In 2017, Spain's Data Protection Agency ruled in favor of a psychologist who was tried and acquitted on three counts of sexual abuse for which he faced a possible 27 years in prison.

The man, whose name was not released, applied to have Google's search engine erase 10 news articles relating to the case that appeared when his name was keyed in. The agency ordered eight story links to be blocked, saying the news was obsolete.

Google appealed, arguing that the articles were of public interest and access to them should be protected by free speech laws. It also maintained they were of current interest and not outdated.

Spain's privacy agency has long defended people's “right to be forgotten.” Its efforts triggered a landmark ruling in 2014 by Europe's highest court that said search engines must listen, and sometimes comply, when people ask for the removal of links to newspaper articles or other sites containing outdated or otherwise objectionable information about themselves.


Supreme Court divided in 1st big abortion case of Trump era
Court Watch | 2020/03/07 12:21
A seemingly divided Supreme Court struggled Wednesday with its first major abortion case of the Trump era, leaving Chief Justice John Roberts as the likely deciding vote.

Roberts did not say enough to tip his hand in an hour of spirited arguments at the high court.

The court’s election-year look at a Louisiana dispute could reveal how willing the more conservative court is to roll back abortion rights. A decision should come by late June.

The outcome could have huge consequences at a time when several states have passed laws, being challenged in the courts, that would ban abortions after a fetal heartbeat is detected, as early as six weeks.

The justices are weighing a Louisiana law requiring doctors who perform abortions to have admitting privileges at a nearby hospital. A federal judge found that just one of Louisiana’s three abortion clinics would remain open if the law is allowed to take effect. The federal appeals court in New Orleans, though, upheld the law, setting up the Supreme Court case.

Justice Ruth Bader Ginsburg noted, as she had before, that “among medical procedures, first trimester abortion is among the safest, far safer than childbirth.” The abortion clinic in Shreveport at the heart of the case reported transferring just four patients to a hospital out of roughly 70,000 it has treated over 23 years, Justice Elena Kagan noted.


Trump ally Roger Stone sentenced to over 3 years in prison
Court Watch | 2020/02/20 10:58
Trump loyalist and ally Roger Stone was sentenced Thursday to more than three years in federal prison, following an extraordinary move by Attorney General William Barr to back off his Justice Department’s original sentencing recommendation.

U.S. District Court Judge Amy Berman Jackson said Stone’s crimes demanded a significant time behind bars, but she said the seven to nine years originally recommended by the Justice Department were excessive.

Stone’s lawyers had asked for a sentence of probation, citing his age of 67 years, his health and his lack of criminal history. Instead, he drew 40 months.

Stone had no immediate reaction in court when Jackson announced his sentence. Later, he emerged from the courthouse to a crowd exchanging back and forth chants of “Lock him up” and “Pardon Roger Stone.” Stone got into a black SUV without speaking to reporters.

His attorney Bruce Rogow said Stone and his team would “have no comment.” The judge delayed execution of his sentence while she considers Stone’s motion for a new trial.

Stone was convicted in November on all seven counts of an indictment that accused him of lying to Congress, tampering with a witness and obstructing the House investigation into whether the Trump campaign coordinated with Russia to tip the 2016 election.



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