Sunday, March 29, 2009

Doctor acquitted in late-term abortion case

But after the verdict, Kansas board reveals new complaint against him

March. 27, 2009
Associated Press

WICHITA, Kan. - One of the nation’s few late-term abortion providers was acquitted Friday of misdemeanor charges stemming from procedures he performed, but moments after the verdict the state’s medical board announced it was investigating allegations against him that are nearly identical to those the jury had rejected.

Prosecutors had alleged that Dr. George Tiller had in 2003 gotten second opinions from a doctor who was essentially an employee of his, not independent as state law requires, but a jury took only about an hour to find him not guilty of all 19 counts.

Tiller, who could have faced a year in jail for even one conviction, stared straight ahead as the verdicts were read, with one of his attorneys patting his shoulder after the decision on the final count was declared. His wife, seated across the courtroom, fought back tears and nodded. The couple declined to speak to reporters afterward.

“You would hope it would be over,” said Tiller attorney Dan Monnat, “but there is a group of people who want to suppress the constitutional rights of women.”

Tiller, 67, has claimed that the prosecution was politically motivated. An attorney general who opposed abortion rights began the investigation into Tiller’s clinic more than four years ago, but both his successor, who filed the criminal charges, and the current attorney general support abortion rights.

More trouble aheadProsecutor Barry Disney said the case was one “that needed to be tried for the community, for everyone to have resolved.”

Soon after the verdict was announced, the state’s Board of Healing Arts made public a complaint against Tiller that alleges, as prosecutors did, that Tiller and Neuhaus had financial or legal ties that violated the law regarding abortions performed in 2003. The complaint was filed in December but not released until Friday.

The board, which regulates doctors, could revoke, suspend or limit Tiller’s medical license, or fine him. Board spokeswoman Kristi Pankratz said the criminal case and its outcome did not affect the administrative case, which will “proceed on its own merits.” No hearings have been scheduled yet, she said.

Tiller has been a favored target of anti-abortion protesters, and he testified that he and his family have suffered years of harassment and threats. His clinic was the site of the 1991 “Summer of Mercy” protests marked by mass demonstrations and arrests. His clinic was bombed in 1985, and an abortion opponent shot him in both arms in 1993.

Kansas law allows abortions after a fetus can survive outside the womb only if two independent doctors agree that it is necessary to save a women’s life or prevent “substantial and irreversible” harm to “a major bodily function,” a phrase that has been interpreted to include mental health.

Dr. Ann Kristin Neuhaus provided second opinions on late-term abortions before Tiller performed them. According to trial testimony, Tiller’s patients paid Neuhaus $250 to $300 in cash for providing the consultation and the only way patients could see her was to make an appointment with Tiller’s office.

Tiller testified that he used Neuhaus based on advice from his lawyers and from Larry Buening, who was then executive director of the Board of Healing Arts.

Opponents express frustrationProsecutors tried to show that Tiller ultimately relied on his lawyers’ advice — an important distinction because the judge told attorneys before their opening statements that relying on the advice of an attorney cannot be used as a legal defense to criminal charges. They also questioned Tiller about the conversation with Buening, noting that Tiller had testified that Buening said he couldn’t quote him.

Mary Kay Culp, executive director of Kansans for Life, said abortion opponents were never confident that Tiller would be prosecuted aggressively enough by Attorney General Steve Six.
“Even if Tiller had been found guilty, he would have appealed to the Supreme Court,” Culp said, noting that four of the Kansas high court’s seven justices were appointed by Democratic Gov. Kathleen Sebelius, who supports abortion rights.

Phill Kline, the former attorney general who started the investigation, expressed frustration at the prosecutors who tried the case, noting that their only witness was Neuhaus.

“You do not win cases nor achieve justice by calling one witness and ordering your staff not to initiate any additional effort to gather evidence,” Kline said in a written statement.

Disney said his office had thoroughly investigated the case and “presented all the evidence that there was.”

Tiller said he is one of three doctors in the U.S. who currently perform late-term abortions. The others are in Boulder, Colo., and Los Angeles, he said.

Meanwhile, Sebelius signed a bill Friday ensuring that clinics give women and girls seeking abortions a chance to see ultrasound images before performing the procedure. The legislation, which takes effect July 1, also requires clinics to offer abortion patients a chance to listen to the fetal heartbeat.

Sebelius signed the measure as she awaits U.S. Senate confirmation as federal Health and Human Services secretary. Anti-abortion groups in Washington have criticized her nomination because she supports abortion rights. The bill amends a state law requiring doctors to obtain a patient's informed consent before performing an abortion.

8 dead in N.C. nursing home shooting

The shooting at a Carthage facility left several others injured

Associated Press
Sunday, March 29, 2009

CARTHAGE, N.C. - Authorities said man accused of opening fire in a North Carolina nursing home faces eight counts of first-degree murder.

District Attorney Maureen Krueger identified the suspect in the killings of eight people as 45-year-old Robert Stewart of Moore County. He also faces a charge of felony assault of a law enforcement officer.

Authorities said seven residents and one nurse were killed in the 10 a.m. rampage Sunday at Pinelake Health and Rehab in the town of Carthage, about 60 miles southwest of Raleigh. A police officer and several other people were also wounded before Stewart was shot and apprehended.

Authorities at an afternoon news conference said Stewart did not work at the facility and they don't believe he is related to any of the victims.

'Comes in and starts shooting'

Sen. Harris Blake of Moore County said the gunman "comes in and just starts shooting everything around."

Gretchen Kelly, spokeswoman at FirstHealth Moore Regional Hospital, said six people had been brought to the hospital from the nursing home about 60 miles southwest of Raleigh. Kelly said two of the injured died at the hospital.

Kelly said two other patients had been discharged, while two were still being treated. She wouldn't release further details on the injuries or conditions of those hospitalized.

McKenzie said the gunman wasn't a patient at the nursing home, but didn't offer any further details on what the gunman's motive might have been.

A nursing home Web site said the facility that opened in 1993 has 110 beds, including 20 for those with Alzheimer's disease.

Calls to the nursing home by The Associated Press rang unanswered Sunday, and McKenzie and several state law enforcement agencies didn't immediately return messages or declined to comment. Police planned a news conference for later Sunday afternoon.

Carthage is a small town of roughly 1,800 people in the North Carolina Sandhills, an area popular among retirees and home to several noted golf courses, including the famed Pinehurst resort and its No. 2 course that regularly hosts the U.S. Open.

Pinelake Health and Rehab was last inspected in May, and the review resulted in an overall five-star -- or "much above average" -- rating from federal Medicaid officials.

Anthony Family Private Eye Testifies Under Oath

March 26, 2009
wftv.com

ORANGE COUNTY, Fla. -- While Casey Anthony was in court Wednesday morning for a hearing in the criminal case against her, there were depositions for her civil lawsuit.
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Right: Dominic Casey works for Cindy and George Anthony.

HOOVER DEPOSITION: Part 1 Part 2 Part 3 Part 4 Part 5

Eyewitness News obtained the DVDs from the videotaped deposition in the civil case against Casey. Lawyers for Zenaida Gonzalez interviewed a private eye who worked for the Anthony family.

Right: James Hoover works for Dominic Casey.
Jim Hoover said in the deposition Wednesday that private investigators Dominic Casey took him to the woods before Caylee's remains were found there acting on a tip. He didn't know for sure, but he believes the tip came from Lee Anthony.

Before the deposition, Hoover didn't have much to say to Eyewitness News, but in the three-hour videotaped session with attorney John Morgan he did have some things to say about the other private eye, Dominic Casey.

"He asked me to go with him to find Caylee's body," Hoover said in the deposition Wednesday.
In a civil lawsuit against Casey Anthony, Morgan represents Zenaida Gonzalez, the woman with the same name as the babysitter Casey claims took Caylee.

Hoover is the man who videotaped the other Anthony family private eye, Dominic Casey, in the woods where Caylee's remains were later found. According to Morgan, Hoover believes Casey's brother led him to those woods. "He believes the tip came from Lee Anthony," Morgan said.
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Hoover also revealed Dominic Casey told him ABC News paid Casey's attorney, Jose Baez, big money, $200,000 to $225,000, for videos of Casey and Caylee, and later said Dominic Casey told him who, after investigating, he believes Caylee's father was.

"He thinks it was Jesse Grund," Hoover said. "He thinks the father is Jesse Grund?" Morgan asked. "That's what he had mentioned," Hoover said.

Eyewitness News has been told paternity tests show otherwise, but have never seen the tests.
Dominic Casey was also supposed to be deposed Wednesday, but he failed to show up, telling John Morgan he hired a criminal attorney to represent him.
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Poor Jesse. He has really been screwed over by Casey for years now. And she keeps on going.

Saturday, March 28, 2009

Exclusive: Haleigh Cummings' Grandmother Hunts Clues

Exclusive: Haleigh Cummings' Grandmother Hunts Clues

Interesting YouTube video. Don't really know what to make of it.

Who IS this Cobra guy?

Inmate blames Casey Anthony's lawyer, Jose Baez, for conviction in child's death


By Stephen Hudak
Sentinel Staff Writer
March 28, 2009

TAVARES - A Lake County man, serving a 15-year prison sentence in the death of a toddler, wants his manslaughter and child-abuse convictions overturned, citing judicial and prosecutorial misconduct and the "defectiveness" of his defense lawyer, Jose Baez.
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Baez is better known these days as Casey Anthony's lawyer. But last spring and summer he was busy defending Nilton Diaz.Diaz, 31, says he did not kill or harm 2-year-old Noeris Vazquez, granddaughter of legendary Puerto Rican prizefighter Wilfredo Vazquez.
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Diaz says he lost his freedom because of Baez's trial performance, strategy and failure to disclose evidence to prosecutors, a tactical decision that prevented jurors from viewing a defense video.

The video, created by a biomechanical expert, would have shown the jury how the toddler's skull fracture could have been an accident, according to new court filings.
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In documents filed this week seeking a new trial and other post-conviction relief, Diaz said, " ... Mr. Baez wanted to surprise the prosecution, and the surprise blew up in the defense's face."
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Baez was not surprised by Diaz's motion, a common post-conviction strategy that often cites defense mistakes to win a new trial, said the lawyer's spokeswoman, Marti Mackenzie. "He doesn't let his ego into the way," Mackenzie said of Baez. "If this kind of motion helps an innocent man get a new trial, he hopes it's successful."
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After Diaz's conviction in May, Baez was hired to represent Anthony, 23, who faces a first-degree murder charge in the death of her 2-year-old daughter, Caylee Marie. The toddler was reported missing July 15 — a month after her mother said she disappeared. Her skeletal remains were discovered Dec. 11 in a wooded lot near her grandparents' home in southeast Orange County.
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Diaz, a time-share salesman and part-time conga drummer, was accused of causing the fatal head injury to "Noni" Vazquez, the daughter of his live-in girlfriend, Samaris Bobe Silva, and the boxer's son Noe.
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Lake County sheriff's detectives say the injury occurred Feb. 11, 2006, while Diaz was alone with the child. Silva, who met Diaz while working in housekeeping at a Disney-area resort, had left Diaz alone with the child for 10 minutes. Diaz remains in state custody at the Taylor Correctional Institution in Perry.
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The motion for a new trial was filed on behalf of Diaz by Alfonzo A. Russi, who provided Lake Circuit Judge Mark Nacke with a letter linking the imprisoned man with the Human Rights Eye Watch Agency, a Texas-based organization. The documents repeat many arguments Baez cited last summer when he urged the judge to toss out the verdicts, which he called "inconsistent" and suggested were the result of confusing jury instructions. Jurors decided Diaz did not cause the toddler "great bodily injury" but also found he caused her death.
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The filing contends that Nacke, who presided over the trial, and Assistant State Attorney Bill Gross, who prosecuted the case, entered into a "silent pact ... to inflict the most severe punishment allowable by law" on Diaz for rejecting a pretrial plea-bargain offer. Nacke would not comment. Gross, however, said Diaz's claims were baseless, including those disparaging the judge and Baez. Hmmm, isn't that what Casey said a while ago, that the prosecutors are only after her because she wouldn't "confess"?
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"He should have started his motion with 'Once upon a time,'" Gross said. Gross said Baez provided "more than effective counsel" for Diaz, challenging the state's case with arguments, experts and testimony.
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Diaz testified that he was innocent and suggested that the toddler's mother may have hurt the child because she feared the Vazquez family would take Noni away. With no eyewitnesses, the state's case focused on medical testimony, which ruled out an accidental fall.
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Now Diaz is asking for a new lawyer, a new trial and conditional release from prison.

Friday, March 27, 2009

Murder case brings Amanda Fox, 'Foxy Knoxy', infamy in Italy


From Hada Messia
CNN Rome Bureau
March 27, 2009

ROME, Italy (CNN) -- The Italian media call her "Foxy Knoxy" and portray her as a "devil with an angel's face," and there are 11 Facebook pages dedicated to her, all in Italian.

Amanda Knox, 21, is an American college student from Seattle, Washington, who is on trial for murder in Perugia, Italy. The case has given Knox almost pop star status there...

Seven of the 11 Facebook pages champion her innocence; four seem convinced that Knox is pure evil. A sampling of comments: "No to Amanda. No to her superstardom" ... "She's a sociopath" ..."Everyone is not sure if she is guilty or not and that she will lead us to a new existential awareness. Please shout with me your anger. ... Let's say no. Let's say Knox."

Knox and former boyfriend Raffaele Sollecito, 24, are charged with murdering and sexually assaulting one of Knox's roommates, British exchange student Meredith Kercher, on November 1, 2007. They have pleaded not guilty.

Knox and Sollecito are due back in court today. The last time Knox appeared before the panel of eight judges, she wore a T-shirt quoting The Beatles: "All you need is love."

Prosecutor Giuliano Mignini alleges that Kercher, 21, was killed because she refused to participate in a drug-fueled sex game played by Knox, Sollecito, and a third man, Ivory Coast native Rudy Hermann Guede. In court papers, prosecutors stated that Sollecito held Kercher by her wrists while Knox poked at her with a knife and Guede sexually assaulted her.

The case is being tried in Perugia, a university town about 115 miles north of Rome that is better known for its chocolate than for its scandalous murder trials.

Witness undermines the alibi
Courtroom packed as trial starts

According to the prosecutor's office, Kercher had been in Italy for two months as part of a year-long course with Leeds University, where she was working toward a degree in European Studies. She shared a house with Knox, a University of Washington student in the same exchange program, and two Italian housemates.

The crime scene, which has become a tourist attraction, has been broken into twice, police say.
Knox and Sollecito were arrested November 6, 2007, and were kept in prison while an investigation continued. The judge overseeing the investigation found both were capable of committing the crime again, fleeing the country or tampering with the evidence.

Police sought charges in July 2008, and they were ordered to trial in October. The trial began January 16 and has been held mostly on weekends. I don't understand this--is this common in Italy?

Italian newspapers assigned their top crime reporters, and the case has received unprecedented international coverage. Knox has appeared on the cover of People magazine, which shares a corporate parent with CNN.

A random sampling of women on the streets of Rome showed that all of them had heard of the case and most believed Knox and Sollecito were at the very least implicated in the slaying.
The superheated publicity surrounding the case helped make Knox a household name in Italy.

Italian journalists also have plastered their newspapers with photos they found of Knox on the Internet, especially images that showed her as a "wild girl." They pounced on the "Foxy Knoxy" they found on her MySpace page, even though her parents later explained the high school moniker came from the way Knox played soccer, quick like a fox.

Although Italian law limits the publication of court and police records, the media ban is less strict than in many European countries. While it is not exactly legal to publish police investigative reports, no journalist has gone to jail in Italy for doing it.

Among the items leaked: Knox's diary, various police interrogations, photos of Kercher's body, video of Kercher's body (which wound up on YouTube but has been pulled), and video of the Italian forensic police carrying out their investigation. Eventually, even the leaks made headlines, leading to more speculation.

Knox can do no right in the Italian media. If she appears reserved and timid in court, she is portrayed as someone with plenty to hide. If she smiles or laughs in court, she's called disrespectful. As far as the Italian media is concerned, Knox is the mastermind who manipulated those around her and seduced her Italian boyfriend and led him astray.

While Knox and Sollecito's preliminary hearings were being held in October, Guede was convicted of murder after a fast-track trial. His lawyers had hoped that the speedy resolution of the case would give him a break at sentencing. He got 30 years in prison.

According to testimony at Guede's trial, his fingerprints were found in the house, and his DNA was linked to Kercher's body. He has never denied being in the house the night of the slaying but insists he didn't kill her. He says he had an "appointment" with her that night and was in the bathroom when she was killed.

Sollecito and Knox say they weren't at the house the night of the slaying. They say they both were at Sollecito's house. But the alibi has been contradicted by witnesses at the trial.

Eighty-six media outlets sent 140 journalists to cover the opening of the trial in January, but publicity has waned since then. The Italian 24-hour news channel TG24 no longer breaks into its programming with multiple updates. Knox, for now, has been relegated to the pages preceding the sports or weather report.

But Italians love their murder cases, and attention has shifted to other crime news. A mother is accused of killing her toddler son, a husband and wife are accused of multiple killings. Their courtrooms are now filled with spectators who wait in line an hour or more.

The Perugia courtroom still is packed, but the long line is gone. That is likely to change, however, as testimony draws to a close next month.

Ronald Cummings' Attorneys Fight Back Against Abuse Allegations

March 27, 2009

PUTNAM COUNTY, FL -- New photos have been released in the Haleigh Cummings case by Haleigh's father's attorney.

The pictures come in response to allegations of child abuse against Ronald Cummings, Haleigh's father.

The law office of Kimball & Snider, P.A., is representing Ronald Cummings.

It released Thursday, via email, a press release and time-stamped photos of Haleigh -- before and after she fell at a school playground in November 2008.

Haleigh's mother, Crystal Sheffield has said she believes Ronald Cummings abused their 5-year-old daughter, Haleigh, and their 4-year-old son, Ronald Jr.

A couple weeks ago, Sheffield's attorney, Kim Picazio, released pictures of Haleigh with a black eye and scratches on her face and her little brother with marks on his leg. Picazio said the photo she released was of Haleigh during a visit with her mother on November 16, ten days after the playground incident.

In Thursday's press release, Cummings' attorneys said on November 6th, according to Haleigh's school records, she was injured on the playground and cut her nose.

The attorneys provided a photo taken by Haleigh's paternal grandmother the day before the playground incident. The attorneys say it shows no injuries.

In the next photo provided, time-stamped almost two hours after the playground incident, Haleigh has scrapes on her nose and face.

Cummings' attorneys said Haleigh's paternal grandmother, Teresa Neves, took Haleigh to the hospital for the injury and that the staff there reported the girl had swelling and superficial abrasions. Cummings' attorneys wrote, "emergency room physicians and staff are extensively trained in recognizing, treating and reporting child abuse and it is clear there were no such concerns."

The next day, November 7th, a photo shows Haleigh's injuries were getting worse and a black eye was developing.

Two days later, November 9th, a photo shows a black eye which appeared to be worse and scrapes still on Haleigh's nose and face. Cummings attorneys wrote that the photos "show the natural progression and continuation of her response to the injury."

Then there are two pictures dated November 14th, five days later. Haleigh's injuries appeared better. Cummings' attorneys wrote, "all the swelling had subsided, with no visible lacerations or bruises."

Cummings' attorneys say he is unaware of the injury to Ronald Jr. shown in the photos released by Picazio.

Ronald Cummings' lawyers say, "The biological mother's assertion the injuries depicted exist due to abuse by Ronald Cummings is false and unsubstantiated, made recklessly without any effort to obtain all relevant information. The result has been the slander and libel of Ronald Cummings."

Cummings' lawyers also are fighting back against Crystal Sheffield's credibility, saying she had falsely accused Cummings of violence previously, but it was thrown out by the judge due to lack of credibility.

Concluding their argument, Cummings lawyers say, "Most importantly, the focus has been taken off the search for Haleigh by this tawdry and inexcusable publicity stunt."

Sheffield's attorney, Picazio, responded to the press release and photos released by Cummings' attorneys.

Picazio told First Coast News that Ronald Cummings may be able to "explain away" one incident or injury, but he will not be able to explain away all the other injuries and eyewitness accounts she has learned about.

Picazio reiterated that she has provided the Florida Department of Children and Families all of the information given to her by Sheffield and people in the community.

DCF confirms it is investigation the allegations of abuse.
Haleigh disappeared from her home February 9th in Satsuma.
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