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Judge says lawyer who killed her son also tracked Sotomayor
Court Issues | 2021/02/20 01:48
The lawyer who killed a federal judge’s son and seriously wounded her husband at their New Jersey home last summer also had been tracking Supreme Court Justice Sonia Sotomayor, the judge said in a television interview.

U.S. District Judge Esther Salas said FBI agents discovered the information in a locker belonging to the lawyer, Roy Den Hollander. “They found another gun, a Glock, more ammunition. But the most troubling thing they found was a manila folder with a workup on Justice Sonia Sotomayor,” Salas said in an interview with CBS News’ “60 Minutes.” The segment is scheduled for broadcast Sunday, but a portion of the interview aired Friday on “CBS This Morning.”

Both the Supreme Court and the FBI declined to comment Friday. “We do not discuss security as a matter of Court policy,” court spokeswoman Kathy Arberg said in an email.

Authorities have said Den Hollander, a men’s rights lawyer with a history of anti-feminist writings, posed as a FedEx delivery person and fatally shot 20-year-old Daniel Anderl and wounded his father, Mark Anderl, in July. Salas was in another part of the home at the time and was not injured.

Den Hollander, 72, was found dead of a self-inflicted gunshot wound the day after the ambush. Authorities believe he also shot and killed a fellow attorney in California in the days before the attack at Salas’ home.

The AP has previously reported that when Den Hollander was found dead he had a document with him with information about a dozen female judges from across the country, half of whom are Latina, including Salas.

Salas has been calling for more privacy and protections for judges, including scrubbing personal information from the internet, to deal with mounting cyberthreats. The U.S. Marshals Service, which protects about 2,700 federal judges, said there were 4,449 threats and inappropriate communications in 2019, up from 926 such incidents in 2015.

Legislation named for Salas’ son that would make it easier to shield judges’ personal information from the public failed to pass the Senate in December, but could be reintroduced this year.



Man who broke ankle at farm obstacle course wins appeal
Court Issues | 2021/02/13 02:50
A man who broke an ankle on an obstacle course at a pumpkin patch will get his foot inside a courthouse again.

A judge wrongly dismissed Tarek Hamade’s lawsuit against DeBuck’s Corn Maze and Pumpkin Patch, the Michigan Court of Appeals said Thursday.

Hamade fractured an ankle while running across tires that were part of an obstacle course known as “Tough Farmer.” He said he was injured while stepping on a tire that was very soft at the fall attraction near Belleville.

DeBuck’s argued that the spongy tire was an open and obvious risk, a key legal standard under Michigan liability law.

“It’s an obstacle course. It’s meant to be difficult to traverse,” attorney Drew Broaddus said at a Feb. 3 hearing.

But the appeals court said the tire’s condition was not obvious.

“If they’d called it the ‘spongy tire challenge’ we might have a different case. But that’s not what it was presented as,” Judge Michael Gadola said.

Hamade’s lawsuit now returns to Wayne County Circuit Court.




Polish court rules record compensation for wrongful jailing
Court Issues | 2021/02/10 21:23
A Polish court on Monday ordered a record high compensation of nearly 13 million zlotys ($3.4 million) to a man who had spent 18 years in prison for a rape and murder of a teenager he didn’t commit.

Tomasz Komenda’s case has shocked Poland, and the right-wing government highlighted it as an example of why it says the justice system needs the deep changes it has been implementing.

Komenda, now in his mid-40s was arrested in 2000 over a 1997 rape and murder of a 15-year-old girl at a New Year’s village disco party. He was initially handed a 15-year prison term, which was later increased to 25 years, despite him protesting his innocence.

As a result of family efforts, the prosecutors reviewed the case and came to the conclusion that he couldn’t have committed the crime. Komenda was cleared after DNA tests, among other factors, showed that he wasn’t involved.

Komenda was acquitted of all charges and released in 2018, having wrongfully served 18 years of his term. He had been seeking 19 million zlotys ($5 million) in damages and in compensation.

A court in Opole ruled Monday that he should receive most of that amount — the highest ever compensation awarded in Poland. The verdict is subject to appeal.

Two other men have been convicted and handed 25-year prison terms in the 1997 case.  Komenda’s story was told in 2020 Polish movie “25 Years of Innocence. The Case of Tomek Komenda.”


Appeals court OKs convictions in college basketball scandal
Court Issues | 2021/01/18 04:12
A federal appeals court in New York on Friday upheld convictions against a sports marketer, an aspiring agent and a financial adviser in a college basketball scandal that spoiled the careers of several coaches and left a stain on the integrity of college athletics.

The 2nd U.S. Circuit Court of Appeals in Manhattan said in its written decision that it was not adequate for the defendants to argue that their actions mirrored what was commonly done in college basketball programs and that their aim was to help universities, rather than harm.

“The ends, however, do not justify the means, and that others are engaging in improper behavior does not make it lawful,” the 2nd Circuit said in an opinion written by Judge Denny Chin.

The convictions grew from the 2017 arrests of 10 individuals in what authorities described as a conspiracy to pay bribes to the families of young players to ensure NBA-bound college basketball stars would pledge allegiance to certain agents and handlers or attend certain schools.

The appeal stemmed from the convictions of former Adidas executive James Gatto, business manager Christian Dawkins and amateur league director Merl Code. They were convicted of conspiracy to commit wire fraud for funneling money and recruits to Louisville and Kansas.

Dawkins and Code were convicted at a second trial on a single conspiracy count but acquitted of some other charges.

At trial, the men acknowledged that their actions violated NCAA rules and the official policies of the universities, but they also maintained that the universities quietly welcomed the secret payments as long as they could pretend they knew nothing of them.

Other defendants pleaded guilty to charges or cooperated with prosecutors rather than go to trial, including four former assistant basketball coaches who pleaded guilty to bribery conspiracy. Prison sentences in the case were relatively short.

In ruling, the three-judge appeals panel noted that the defendants argued that they should not have been convicted because they did not have fraudulent intent since their scheme was designed to help the schools recruit top-tier players.

Circuit Judge Gerard E. Lynch offered a partial dissent, saying he would have rejected some charges on grounds that evidence of some phone calls the defendants wanted to show jurors was unjustly disqualified.


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