Ohio governor’s race split by pandemic, abortion, gun rights
Court Watch | 2022/10/21 09:02
Just three years ago, Ohio Republican Gov. Mike DeWine and Dayton Mayor Nan Whaley, a Democrat, stood side by side, promising to push together for gun control proposals after a gunman killed nine people and wounded more than two dozen in the city’s nightclub district. It was a short-lived pledge.

Allies then, DeWine and Whaley are now facing each other in a partisan governor’s race defined by events that neither could have predicted at the time: the coronavirus pandemic and a U.S. Supreme Court’s ruling overturning Roe v. Wade.

They no longer see eye-to-eye on guns either. Their gun control proposals never came about, and since the Dayton mass shooting DeWine signed legislation loosening gun restrictions — including a so-called stand your ground bill eliminating the duty to retreat before using force and another making concealed weapons permits optional for those legally allowed to carry a weapon.

“The politics got hard and Mike DeWine folded,” Whaley said this year.

Both candidates survived contested primaries to face each other in November. DeWine overcame two far-right opponents who criticized him for his aggressive decisions early in the pandemic, including a business shut-down order and a statewide mask mandate. Despite more than four decades in Ohio politics, DeWine failed to secure 50% of the primary vote.

Whaley easily defeated former Cincinnati mayor John Cranley and is now trying to regain a seat last won by Democrats 16 years ago.

Since the primary, Whaley has hammered DeWine for signing those gun bills and for his anti-abortion positions, including his 2019 signing into law of Ohio’s anti-abortion “ fetal heartbeat bills.”

But despite criticism that DeWine took from members of his own party over his approach to the coronavirus and Democratic furor over the Supreme Court’s abortion ruling, most polls show DeWine comfortably ahead. Ultimately, that still comes down to DeWine’s long years in Ohio politics, said Tom Sutton, a political science professor at Baldwin-Wallace University.

Sutton noted that a September Marist poll found that 42% of adults statewide had either never heard of Whaley — who also ran briefly for governor in 2018 — or didn’t know how to rate her. Meanwhile, DeWine has previously won statewide races for lieutenant governor, U.S. senator, attorney general and governor.


Post-Roe differences surface in GOP over new abortion rules
Court Watch | 2022/08/18 11:56
When the U.S. Supreme Court repealed in June a woman’s constitutional right to an abortion, Wisconsin’s 1849 law that bans the procedure except when a mother’s life is at risk became newly relevant.

Republicans in the Legislature blocked an attempt by Democratic Gov. Tony Evers to overturn the law. Yet there’s disagreement inside the GOP over how to move forward when they return to the state Capitol in January.

The state’s powerful Republican Assembly speaker, Robin Vos, supports reinforcing the exception for a mother’s life and adding protections for instances involving rape and incest. Others, including GOP state Rep. Barbara Dittrich, say the law should stay as it is, without exceptions for rape and incest.

For decades, Republicans like Vos and Dittrich appealed to conservative voters — and donors — with broad condemnation of abortion. But the Supreme Court’s decision is forcing Republicans from state legislatures to Congress to the campaign trail to articulate more specifically what that opposition means, sometimes creating division over where the party should stand.


Man denies killing mother at sea to inherit family’s estate
Court Watch | 2022/05/11 07:38
A 28-year-old man who was rescued from a raft off the coast of New England in 2016 after his boat sank pleaded not guilty Wednesday to charges he killed his mother at sea to inherit the family’s estate.

Nathan Carman was arraigned in federal court in Rutland on multiple fraud charges and a first-degree murder charge in the death of Linda Carman. He shouted “not guilty” in the direction of reporters who had asked him on his way into the courthouse whether he killed his mother.

Authorities allege in the indictment unsealed Tuesday that Carman also killed his grandfather, John Chakalos, at his home in Windsor, Connecticut, in 2013 as part of a scheme to obtain money and property from his grandfather’s estate, but he was not charged with that killing.

“As a central part of the scheme, Nathan Carman murdered John Chakalos and Linda Carman,” the indictment reads.

Carman was found in an inflatable raft eight days after leaving a Rhode Island marina to go fishing with his mother, who was never found. Prosecutors allege Carman altered the boat to make it more likely to sink that day. He has denied doing anything to intentionally make the boat unseaworthy.

Carman, who was arrested Tuesday, faces life in prison if convicted of killing his mother, Linda Carman, of Middletown, Connecticut. His attorney did not comment after the arraignment.


Lawsuit seeks Confederate statue’s removal from courthouse
Court Watch | 2021/05/05 20:33
Civil rights advocates sued a Maryland county on Wednesday to seek the court-ordered removal of a Confederate monument from a courthouse lawn on the state’s Eastern Shore, calling it a racist symbol of oppression.

In their federal lawsuit, an NAACP branch leader and a defense lawyer say the “Talbot Boys” statue in Talbot County is the last Confederate monument remaining on public property in Maryland besides cemeteries and battlefields.

The lawsuit claims that a statue glorifying the Confederacy on the lawn outside the county courthouse in Easton, Maryland, is both unconstitutional and illegal under federal and state laws. Keeping it there “sends a message that the community does not value Black people, that justice is not blind, and that Black people are not equal in the eyes of the county,” the suit says.

“For Black employees and litigants entering the courthouse, the statue is, in its least damaging capacity, intimidating and demoralizing,” it adds.

In August 2020, Talbot County Council members voted 3-2 to keep the memorial on the courthouse lawn.

Council President Chuck Callahan was among the three members who voted to keep the memorial. He did not immediately respond Wednesday to an email and phone call seeking comment on the lawsuit.

The memorial, dedicated in 1916, commemorates more than 80 soldiers who fought for the Confederacy. A website advocating for it to stay on the courthouse lawn calls it “a piece of history and a splendid work of art that tells the story of brother vs. brother where North and South came together, the border state of Maryland.”

The lawsuit says the statute, erected 50 years after the Civil War ended and during the Jim Crow era, was funded primarily by a prominent white lawyer who “embraced ideals of slavery.”

“It is also telling that no monument was erected to honor the sacrifices of those from Talbot County who fought for the Union ? particularly since Maryland was not part of the Confederacy,” the suit adds.

The lawsuit’s plaintiffs include Richard Potter, president of the Talbot County branch of the NAACP, and Kisha Petticolas, a Black lawyer who works in Talbot County for the Maryland Office of the Public Defender.

Plaintiffs’ lawyers, including from the American Civil Liberties Union of Maryland, filed the federal lawsuit in Baltimore.

It asks the court to order the statute’s permanent removal from the courthouse area and bar its display at any other county property. It also seeks unspecified monetary damages for the plaintiffs.


COVID-19 concerns raised at St. Louis death penalty trial
Court Watch | 2021/04/23 18:56
Attorneys for a St. Louis man accused of killing his ex-girlfriend, her mom and his baby boy are asking the Missouri Supreme Court to delay his capital murder trial for two weeks after two potential jurors tested positive for COVID-19.

Jury selection began last week in the trial of Eric Lawson, who is accused of fatally shooting 22-year-old Breiana Ray and 50-year-old Gwendolyn Ray before setting an apartment fire that killed his 10-month-old son, Aiden. Lawson, 32, has been in pretrial detention since his arrest nearly nine years ago. The case is being prosecuted by the Missouri Attorney General’s Office.

Attorneys for Lawson sought a continuance in January and again in March, citing concerns about COVID-19 each time. Circuit Judge Michael Noble denied both requests.

Lawson’s attorneys asked Noble for a continuance a third time on Wednesday, this time citing the two positive cases among potential jurors. When Noble again refused to pause the case, defense attorneys asked the Missouri Supreme Court to intervene.

“Mr. Lawson and his attorneys have been exposed to COVID-19 in the past 10 days,” the court motion states. “So have the judge, the prosecutors, courthouse staff, and prospective jurors.”

St. Louis Circuit Court spokesman Thom Gross said a potential juror appeared in court on April 14. She tested positive for COVID-19 two days later and notified the jury supervisor on April 19, saying she didn’t know when or where she was exposed.

Seven of the 39 prospective jurors from the April 14 session had originally been asked to return later, but Jury Supervisor Joanne Martin called each of them and told them they were dismissed, Gross said. Martin mailed letters to the others who attended that session to inform them of the positive test.

Gross said a second prospective juror told Martin on April 16 that they had just learned that a COVID-19 test taken earlier was positive. All 40 prospective jurors from that session were dismissed.

The court filing from Lawson’s lawyers said one of the lawyers, Julie Clark, is pregnant and thus considered vulnerable. An expert witness for the defense also “has several preexisting health conditions putting him at the greatest risk of contracting COVID,” the court filing said.


Israel revokes permit of Palestinian foreign minister
Court Watch | 2021/03/21 17:03
Israel on Sunday revoked the VIP permit of the Palestinian foreign minister after he returned to the West Bank from a trip to the International Criminal Court in the Hague, Israeli and Palestinian officials confirmed.

The move appeared to be Israeli retaliation for Palestinian support for the ICC’s war crimes investigation against Israel.

A Palestinian official said Foreign Minister Riad Malki was stopped Sunday as he entered the West Bank from Jordan through the Israeli-controlled crossing. Malki’s VIP card was seized, the official said, speaking on condition of anonymity because he was discussing a sensitive diplomatic issue. Losing the VIP status makes it harder for him to move through Israeli military checkpoints in the West Bank, and traveling abroad will require Israeli permission.

Israeli officials, speaking on condition of anonymity because they were not authorized to discuss the matter, confirmed the incident, but directed questions to the Shin Bet security agency, which declined comment. Prime Minister Benjamin Netanyahu’s office declined comment.

The ICC’s chief prosecutor, Fatou Bensouda, announced earlier this month that she was opening an investigation  into possible war crimes by Israel committed in the occupied West Bank and blockaded Gaza Strip.

The investigation is expected to look at the Israeli military’s conduct in a 2014 war against Hamas militants and during months of mass protests along Gaza’s frontier with Israel in which dozens of Palestinian were killed or wounded by Israeli gunfire. Israel has said its actions were legitimate acts of defense.

The probe also is set to examine Israel’s settlement policies in the West Bank and east Jerusalem, areas captured in 1967 and claimed by the Palestinians for a hoped-for independent state.

According to the Palestinian Foreign Ministry, Malki met with Bensouda last Thursday and urged her to expedite the investigations “to end the era of impunity and to start the path of accountability” of Israel.

The investigation was launched in response to a request by the Palestinians, who joined the court in 2015 after being granted nonmember observer status in the U.N. General Assembly.

Israel has fiercely condemned the investigation, accusing the ICC of bias and saying it has no jurisdiction since the Palestinians do not have a state. Israel is not a member of the ICC, but its citizens could be subject to arrest abroad if warrants are issued.

The court said last week it has sent formal notices to both sides about the impending investigation, giving them a month to seek deferral  by proving they are carrying out their own investigations.



Labor unions to hand out masks outside House sessions
Court Watch | 2021/02/24 04:03
Labor union members plan to hand out personal protective equipment outside the sports complex where members of the New Hampshire House will be meeting this week.

The 400-member House is meeting Wednesday and Thursday in Bedford, where they will sit 10 to 12 feet apart to prevent spread of COVID-19. Democrats with serious medical conditions went to court seeking remote access to the sessions, but a federal judge declined Monday to order  Republican Speaker Sherm Packard to accommodate them.

While the House will provide members with masks and hand sanitizer, members of the International Union of Painters and Allied Trades and the AFL-CIO of New Hampshire also will be at the facility’s entrances with similar supplies, including mask and gloves.

One New Hampshire school is planning to hold remote learning for two weeks following the winter vacation, despite Gov. Chris Sununu’s executive order requiring schools to offer in-person instruction to all students for at least two days, starting March 8.

The decision regarding Profile School in Bethlehem, which would be in effect as of March 1, is not expected to conflict with the order, Kim Koprowski, chairperson of the school board, said Monday, the Caledonian-Record reported. The school serves students in grades 7 through 12.

“My understanding of it is there were a handful of schools in the state that are totally remote and he is trying to push those to go to two days a week,” she said. “Since we have been doing that all year, we’ve been face to face, with the exception of a remote period. You could call us hybrid. We should be good.”

A message seeking comment was left Tuesday with the state Education Department. The executive order allows schools to return to remote learning for 48 hours if necessary due to COVID-19 infections. After that, state approval would be required.

Koprowski said that although COVID-19 numbers are trending down, “they are still not at the level they were last fall before Thanksgiving and Christmas.”


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