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Ex-Catholic Cardinal McCarrick, age 93, found unfit to stand trial
Headline Legal News | 2023/08/31 10:49
The once-powerful Roman Catholic Cardinal Theodore McCarrick will not stand trial on charges he sexually assaulted a teenage boy decades ago, as a Massachusetts judge dismissed the case against the 93-year-old on Wednesday because both prosecutors and defense attorneys agree he is experiencing dementia.

McCarrick, the ex-archbishop of Washington, D.C., was defrocked by Pope Francis in 2019 after an internal Vatican investigation determined he sexually molested adults as well as children. The McCarrick scandal created a crisis of credibility for the church, primarily because there was evidence Vatican and U.S. church leaders knew he slept with seminarians but turned a blind eye as McCarrick rose to the top of the U.S. church as an adept fundraiser who advised three popes.

During Wednesday’s hearing, Dr. Kerry Nelligan, a psychologist hired by the prosecution, said she found significant deficits in McCarrick’s memory during two interviews in June, and he was often unable to recall what they had discussed from one hour to the next. As with any form of dementia, she said there are no medications that could improve the symptoms.

“It’s not just that he currently has these deficits,” Nelligan said. “There is no way they are going to get better.” Without being able to remember discussions, he could not participate with his lawyers in his defense, she said.

McCarrick appeared via a video link during the hearing. He was slightly slumped in his chair wearing a light green shirt and what appeared to be a grey sweater vest or sweater around his shoulders. He did not speak during the hearing.

The once-powerful American prelate faced charges that he abused the teenage boy at a wedding reception at Wellesley College in 1974.

McCarrick has maintained his innocence and pleaded not guilty in September 2021. He was also charged in April with sexually assaulting an 18-year-old man in Wisconsin more than 45 years ago.

In February, McCarrick’s attorneys asked the court to dismiss the case, saying a professor of psychiatry and behavioral science at the Johns Hopkins University School of Medicine had examined him and concluded that he has dementia, likely Alzheimer’s disease.

At that time, lawyers said McCarrick had a “limited understanding” of the criminal proceedings against him.


Hawaii power utility takes responsibility for first fire on Maui
Headline Legal News | 2023/08/28 14:27
Hawaii’s electric utility acknowledged its power lines started a wildfire on Maui but faulted county firefighters for declaring the blaze contained and leaving the scene, only to have a second wildfire break out nearby and become the deadliest in the U.S. in more than a century.

Hawaiian Electric Company released a statement Sunday night in response to Maui County’s lawsuit blaming the utility for failing to shut off power despite exceptionally high winds and dry conditions. Hawaiian Electric called that complaint “factually and legally irresponsible,” and said its power lines in West Maui had been de-energized for more than six hours before the second blaze started.

In its statement, the utility addressed the cause for the first time. It said the fire on the morning of Aug. 8 “appears to have been caused by power lines that fell in high winds.” The Associated Press reported Saturday that bare electrical wire that could spark on contact and leaning poles on Maui were the possible cause.

But Hawaiian Electric appeared to blame Maui County for most of the devastation — the fact that the fire appeared to reignite that afternoon and tore through downtown Lahaina, killing at least 115 people and destroying 2,000 structures.

Neither a county spokesperson and nor its lawyers immediately responded to a request for comment early Monday about Hawaiian Electric’s statement.

The Maui County Fire Department responded to the morning fire, reported it was “100% contained,” left the scene and later declared it had been “extinguished,” Hawaiian Electric said.

Hawaiian Electric said its crews then went to the scene to make repairs and did not see fire, smoke or embers. The power to the area was off. Around 3 p.m., those crews saw a small fire in a nearby field and called 911.

Hawaiian Electric rejected the basis of the Maui County lawsuit, saying its power lines had been de-energized for more than six hours by that time, and the cause of the afternoon fire has not been determined.


Pakistan leader moves to disband parliament, his jailed nemesis seeks release
Headline Legal News | 2023/08/09 17:43
Pakistan’s prime minister said Wednesday he is moving toward dissolving parliament, starting a possible countdown to a general election, as his chief political rival fought to overturn a corruption conviction that landed him in a high-security prison over the weekend.

Prime Minister Shehbaz Sharif told lawmakers that he would seek approval from Pakistan’s president to disband the national assembly as its five-year term ends. With such an approval, a formality, a general election would typically have to be held within 90 days.

This year there’s a twist, though. A delay until the spring is possible if Pakistan’s election commission opts for redistricting ahead of an election, based on the results of a recent census.

The uncertainty over the election date coincides with the legal and political drama surrounding Sharif’s predecessor, Imran Khan. The 70-year-old popular opposition leader was convicted by an Islamabad court over the weekend of concealing assets and was immediately sentenced to three years in prison.

Khan has appealed the conviction which effectively removes him from the election campaign, at a time when his party seemed to be doing well in the polls.

The Islamabad High Court, where his appeal is being heard, said Wednesday that it wants to hear from the government and Pakistan’s election commission before making a decision on whether to overturn the conviction and order Khan’s release.

The commission last year disqualified Khan from holding public office for five years, accusing him of unlawfully selling state gifts and concealing assets as premier. Khan was notified of his disqualification again on Tuesday following his sentencing.

The court adjourned Wednesday without setting a date for the next hearing, dealing a blow to Khan’s legal team which has argued he is being held in unacceptably tough conditions at Attock prison, about an hour’s drive from Islamabad. The court’s eventual ruling could be appealed and heard by Pakistan’s Supreme Court.


Grieving families confront Pittsburgh shooter at death penalty sentencing
Headline Legal News | 2023/08/03 10:34
Grieving families confronted the Pittsburgh synagogue shooter at his sentencing hearing Thursday, one day after a jury determined that capital punishment was appropriate for the perpetrator of the deadliest attack on Jews in U.S. history.

The hearing at the federal courthouse in Pittsburgh got underway, with some 22 witnesses — survivors of the 2018 massacre and relatives of the 11 people who were fatally shot — expected to deliver victim impact statements.

U.S. District Judge Robert Colville was expected to formally sentence Robert Bowers to death later Thursday.

“Mr. Bowers, you met my beloved husband in the kitchen. Your callous disregard for the person he was repulses me,” testified Peg Durachko, wife of 65-year-old Dr. Richard Gottfried, a dentist who was shot and killed. “Your hateful act took my soulmate from me.”

Mark Simon, whose parents, Bernice and Sylvan Simon, were killed in the attack, testified he still has their bloodied prayer shawl. He said he remains haunted by the 911 call placed by his mother, whom Bowers shot while she was on the line.

“My parents died alone, without any living soul to comfort them or to hold their hand in their last moments,” said Simon, condemning “that defendant” as evil and cowardly and urging the judge to show him no mercy.

“You will never be forgiven. Never,” Simon told Bowers.

Bowers, a 50-year-old truck driver from suburban Baldwin, ranted about Jews online before carrying out the attack at Tree of Life synagogue on Oct. 27, 2018. He told police at the scene that “all these Jews must die” and has since expressed pride in the killings.

Jurors were unanimous in finding that Bowers’ attack was motivated by his hatred of Jews, and that he chose Tree of Life for its location in one of the largest and most historic Jewish communities in the nation so he could “maximize the devastation, amplify the harm of his crimes, and instill fear within the local, national, and international Jewish communities.” They also found that Bowers lacked remorse.

The jury rejected defense claims that Bowers has schizophrenia and that his delusions about Jewish people spurred the attack.

Bowers, who was armed with an AR-15 rifle and other weapons, also shot and wounded seven, including five responding police officers.

He was convicted in June of 63 federal counts, including hate crimes resulting in death and obstruction of the free exercise of religion resulting in death.


Texas is using disaster declarations to install buoys and razor wire
Headline Legal News | 2023/07/25 10:31
Wrecking ball-sized buoys on the Rio Grande. Razor wire strung across private property without permission. Bulldozers changing the very terrain of America’s southern border.

For more than two years, Texas Republican Gov. Greg Abbott has escalated measures to keep migrants from entering the U.S., pushing legal boundaries with a go-it-alone bravado along the state’s 1,200-mile (1,930-kilometer) border with Mexico. Now blowback over the tactics is widening, including from within Texas.

A state trooper’s account of officers denying migrants water in 100-degree Fahrenheit (37.7 Celsius) temperatures and razor wire leaving asylum-seekers bloodied has prompted renewed criticism. The Mexican government, some Texas residents along the border and the Biden administration are pushing back. On Monday, the U.S. Justice Department sued Abbott over the buoy barrier that it says raises humanitarian and environmental concerns, asking a federal court to require Texas to dismantle it.

bbott, who cruised to a third term in November while promising tougher border crackdowns, has used disaster declarations as the legal bedrock for some measures.

Critics call that a warped view. “There are so many ways that what Texas is doing right now is just flagrantly illegal,” said David Donatti, an attorney for the Texas American Civil Liberties Union.

Abbott did not respond to requests for comment. He has repeatedly attacked President Joe Biden’s border policies, tweeting Friday that they “encourage migrants to risk their lives crossing illegally through the Rio Grande, instead of safely and legally over a bridge.”

The Biden administration has said illegal border crossings have declined significantly since new immigration rules took effect in May.


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