Lawyer questions memory of Philadelphia accuser
Legal Business | 2013/01/18 19:01

A longtime heroin addict whose complaint helped imprison a Philadelphia archdiocese official came under attack Wednesday, as jurors in a priest-abuse trial learned that he had given three different locations for one alleged rape.

Defense lawyers questioning the gaunt, 24-year-old policeman's son poked several holes in his accounts, some of which he attributed to years of heavy drug use.

The man said he as "semi-comatose ... but standing" when he first spoke with a church investigator in 2009.

The witness, with prompting from a counselor, had called the archdiocese from a drug clinic, ultimately reporting that two Roman Catholic priests and ex-teacher Bernard Shero had sexually assaulted him in about 1999.

Shero, 49, of Levittown, and the Rev. Charles Engelhardt, 66, of Wyndmoor, are on trial, fighting the charges. Now-defrocked priest Edward Avery is in prison after pleading guilty.

During cross-examination Wednesday, Shero's lawyer said the accuser has said over the years that the teacher raped him in his sixth-grade classroom, near a trash bin outside an apartment complex and in the parking lot of a city park.

The accuser explained that he was high when he spoke to the church investigator in a car outside his parents' house, and doesn't remember much of the conversation.



Djokovic back on his favorite court in Australia
Legal Topics | 2013/01/17 06:31
Same Grand Slam, same court, same result. Only the year was different for Novak Djokovic — and the amount of time he needed on the bright blue hard surface at Rod Laver Arena.

The Australian Open defending champion took his first step toward winning his third consecutive title at Melbourne Park — and fourth overall — with a 6-2, 6-4, 7-5 win over Paul-Henri Mathieu of France on Monday.

The match lasted 1 hour, 42 minutes, more than four hours faster than when the Serbian star was last on center court, his victory in last year's final over Rafael Nadal in a 5-hour, 53-minute marathon.

The win ran Djokovic's winning streak at Melbourne to 15 matches and his overall win-loss record to 33-5. It's no wonder Djokovic calls the Australian Open, site of his first of five Grand Slams in 2008, his favorite major.


Lohan lawyer in NYC courthouse in nightclub case
Headline Legal News | 2013/01/11 09:06
Lindsay Lohan's attorney has gone to a New York City courthouse in connection with the actress's alleged fight at a Manhattan nightclub.

Lohan was arrested on a charge of misdemeanor assault in the Nov. 29 incident at the club Avenue.

Office of Court Administration spokesman David Bookstaver said Monday that a criminal complaint has not been drawn up at this time. He says paperwork will be signed but no hearing will be held.

The "Mean Girls" and "Liz and Dick" star allegedly struck a woman in the face during an argument.

At the time of her arrest, her attorney, Mark Heller, said Lohan was "a victim of someone trying to capture their 15 minutes of fame."


Court weighs warrantless blood tests in DUI cases
Legal Business | 2013/01/10 03:54
The Supreme Court is considering whether police must get a warrant before ordering a blood test on an unwilling drunken-driving suspect.

The justices heard arguments Wednesday in a case involving a disputed blood test from Missouri. Police stopped a speeding, swerving car and the driver, who had two previous drunken-driving convictions, refused to submit to a breath test to measure the alcohol level in his body.

The justices appeared to struggle with whether the dissipation of alcohol in the blood over time is reason enough for police to call for a blood test without first getting a warrant.

In siding with defendant Tyler McNeely, the Missouri Supreme Court said police need a warrant to take a suspect's blood except when a delay could threaten a life or destroy potential evidence.


Ohio schools officer to plead guilty to sex charge
Headline Legal News | 2012/12/27 09:25
A former Ohio school resource police officer is pleading guilty to a charge that he coerced sexual behavior from minors.

A federal judge had called Todd Smith's alleged actions "violence of the worst sort" earlier this year after listening to a prosecutor and FBI agent read sexually graphic text messages Smith exchanged with two 15-year-old girls at a Columbus high school.

Smith's attorney Sam Shamansky said Wednesday that Smith will plead guilty to one count of using a cell phone to entice two underage minors to engage in sexual activity.

Columbus federal judge Algenon Marbley has not set a court date for Smith's plea hearing.


Appeals court sides with newspaper in labor fight
Headline Legal News | 2012/12/20 22:04
A federal appeals court on Tuesday sided with the publisher of the Santa Barbara News-Press in a long-running labor dispute between the newspaper and reporters who were fired after they complained about its editorial practices.

The U.S. Court of Appeals for the D.C. Circuit ruled that the newspaper's publisher was protected by the First Amendment when it dismissed eight reporters and disciplined others who claimed the owner was interfering with news coverage.

The reporters claimed they were illegally fired for union activity and legitimate complaints about their terms of employment. But the court found the dispute was all about editorial control.

"The First Amendment affords a publisher — not a reporter — absolute authority to shape a newspaper's content," Judge Stephen Williams wrote for a three-judge panel.

The ruling stems from a dispute between Ampersand Publishing LLC and employees that began in 2006. Nearly every top editor at the paper quit in protest over what they said was owner Wendy McCaw's meddling in news coverage.

Newsroom employees later voted to form a union, and they have been fighting with the newspaper since then over bargaining rights.


Firm settles with W.Va. AG over mortgage case
Headline Legal News | 2012/12/04 03:12
A Texas law firm has reached an agreement with West Virginia Attorney General Darrell McGraw to resolve a case stemming from a national mortgage settlement.

Officials said Wednesday that Murray LLP has agreed to stop offering services in West Virginia to help homeowners receive benefits from a settlement between lenders and states.

Claim forms already were sent to more than 5,000 West Virginians who lost their homes to foreclosure eligible for payments under the settlement.

McGraw had sued the company earlier this month for allegedly charging fees to consumers for completing the claim form.

Officials say the company has agreed it would not represent or collect payments from West Virginia consumers in relation to the settlement.


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