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Detroit judge sidelined for making sleepy teen wear jail clothes on court field trip
Legal Interview |
2024/08/12 23:25
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A Detroit judge who ordered a teenager into jail clothes and handcuffs on a field trip to his courtroom will be off the bench while undergoing “necessary training,” the court’s chief judge said Thursday.
Meanwhile, the girl’s mother said Judge Kenneth King was a “big bully.”
“My daughter is hurt. She is feeling scared,” Latoreya Till told the Detroit Free Press.
She identified her daughter as Eva Goodman. The 15-year-old fell asleep in King’s court Tuesday while on a visit organized by a Detroit nonprofit.
King didn’t like it. But he said it was her attitude that led to the jail clothes, handcuffs and stern words.
“I wanted this to look and feel very real to her, even though there’s probably no real chance of me putting her in jail,” he explained to WXYZ-TV.
King has been temporarily removed from his criminal case docket and will undergo “necessary training to address the underlying issues that contributed to this incident,” said William McConico, the chief judge at 36th District Court.
The court “remains deeply committed to providing access to justice in an environment free from intimidation or disrespect. The actions of Judge King on August 13th do not reflect this commitment,” McConico said.
He said the State Court Administrative Office approved the step. King will continue to be paid. Details about the training, and how long it would last, were not disclosed.
King, who has been a judge since 2006, didn’t immediately return a phone message seeking comment. At the close of his Thursday hearings, accessible on YouTube, he made a heart shape with his hands. The judge’s work includes determining whether there’s enough evidence to send felony cases to trial at Wayne County Circuit Court.
Till said her daughter was sleepy during the Tuesday court visit because the family doesn’t have a permanent residence.
“And so, that particular night, we got in kind of late,” she told the Free Press, referring to Monday night. “And usually, when she goes to work, she’s up and planting trees or being active.”
The teen was seeing King’s court as part of a visit organized by The Greening of Detroit, an environmental group.
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Ukraine ratifies the statute for joining the International Criminal Court
Legal Interview |
2024/08/08 23:20
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Ukraine ratified the Rome Statute of the International Criminal Court, taking a step toward membership that Kyiv says will increase chances of prosecuting war crimes by Russians and boost victims’ chances of receiving compensation.
Ukraine’s parliament, the Verkhovna Rada, voted Wednesday to ratify the founding treaty of the ICC, which currently has 124 member states.
“We are trying to take real steps on all of the fronts of international justice to bring the Russian Federation to justice,” said Deputy Justice Minister Iryna Mudra.
“The ratification of the Rome Statute will increase the chances of victims receiving compensation for Russian war crimes,” she added.
Ukraine is not a member of the court but has accepted its jurisdiction dating back to 2013. The court’s prosecution office opened an investigation in 2022.
In 2023 the ICC issued arrest warrants for Russian President Vladimir Putin and Maria Lvova-Belova, Russia’s Presidential Commissioner for Children’s Rights, over allegations of war crimes involving the forced deportation of Ukrainian children. The following year, more warrants were issued for Russia’s Defense Minister Sergei Shoigu and the Chief of the General Staff of the Russian Army, Gen. Valery Gerasimov.
Membership of the ICC also is a requirement for joining the European Union, which Ukraine hopes to do. It was formally accepted as a candidate in June 2022, four months after Russia began its full-scale invasion.
The document was initially signed by the Ukrainian government in 2000, but the Constitutional Court blocked ratification in 2001 and declaring it unconstitutional to authorize the ICC to rule on Ukraine’s actions.
The question of ICC membership resurfaced in 2014, after Russia illegally annexed the Crimean peninsula from Ukraine and occupied parts of the Donetsk and Luhansk regions.
However, many Ukrainians feared that ratification of the Rome Statute could allow the ICC to prosecute Ukrainian citizens participating in the armed conflict on Ukrainian territory.
To reflect those concerns, the legislation contains a clause that says Ukraine will not recognize the ICC’s jurisdiction in cases where the crimes may have been committed by Ukrainian nationals. |
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A US appeals court will review its prior order keeping banned books
Legal Interview |
2024/07/08 21:41
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A federal appeals court in New Orleans is taking another look at its own order requiring a Texas county to keep eight books on public library shelves that deal with subjects including sex, gender identity and racism.
Llano County officials had removed 17 books from its shelves amid complaints about the subject matter. Seven library patrons claimed the books were illegally removed in a lawsuit against county officials. U.S. District Judge Robert Pitman ruled last year that the books must be returned. Attorneys for Llano County say the books were returned while they appeal Pittman’s order.
While the library patrons say removing the books constitutes an illegal government squelching of viewpoints, county officials have argued that they have broad authority to decide which books belong on library shelves and that those decisions are a form of constitutionally protected government speech.
On June 6, a panel of the 5th U.S. Circuit Court of Appeals split three ways on the case, resulting in an order that eight of the books had to be kept on the shelves, while nine others could be kept off.
That order was vacated Wednesday evening after a majority of the 17-member court granted Llano County officials a new hearing before the full court. The order did not state reasons and the hearing hasn’t yet been scheduled.
In his 2023 ruling, Pitman, nominated to the federal bench by former President Barack Obama, ruled that the library plaintiffs had shown Llano officials were “driven by their antipathy to the ideas in the banned books.” The works ranged from children’s books to award-winning nonfiction, including “They Called Themselves the K.K.K: The Birth of an American Terrorist Group,” by Susan Campbell Bartoletti; and “It’s Perfectly Normal: Changing Bodies, Growing Up, Sex and Sexual Health,” by Robie Harris.
Pitman was largely upheld by the 5th Circuit panel that ruled June 6. The main opinion was by Judge Jacques Wiener, nominated to the court by former President George H. W. Bush. Wiener said the books were clearly removed at the behest of county officials who disagreed with the books’ messages.
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Retrial of Harvey Weinstein unlikely to occur soon, if ever, experts say
Legal Interview |
2024/05/01 23:29
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A retrial in New York of disgraced former movie mogul Harvey Weinstein won’t be coming to a courtroom anytime soon, if ever, legal experts said on a day when one of two women considered crucial to his rape trial said she wasn’t sure she would testify again.
A ruling Thursday by the New York Court of Appeals voided the 2020 conviction of the onetime Hollywood power broker who prosecutors say forced young actors to submit to his prurient desires by dangling his ability to make or break the their careers.
On Saturday, Weinstein was in custody in a Manhattan hospital where he was undergoing multiple tests, attorney Arthur Aidala said. He was returned Friday to New York City jails from a state prison 100 miles (160 kilometers) northwest of Albany. He remains behind bars because he was also convicted in a similar case in California.
“He’s got a lot of problems. He’s getting all kinds of tests. He’s somewhat of a train wreck health wise,” Aidala said.
The appeals court in a 4-3 decision vacated a 23-year jail sentence and ordered a retrial of Weinstein, saying the trial judge erred by letting three women testify about allegations that were not part of the charges and by permitting questions about Weinstein’s history of “bad behavior” if he testified. He did not. He was convicted of forcibly performing oral sex on a TV and film production assistant and of third-degree rape for an attack on an aspiring actor in 2013.
Several lawyers said in interviews Friday that it would be a long road to reach a new trial for the 72-year-old ailing movie mogul and magnet for the #MeToo movement who remains behind bars, and it was doubtful that one could start before next year, if at all.
“I think there won’t be a trial in the end,” said Joshua Naftalis, a former Manhattan federal prosecutor now in private practice. “I don’t think he wants to go through another trial, and I don’t think the state wants to try him again.”
Naftalis said both sides may seek a resolution such as a plea that will eliminate the need to put his accusers through the trauma of a second trial.
Aidala said Saturday that he plans to tell a judge at a Manhattan court appearance Wednesday that he believes a trial could occur anytime after Labor Day.
With the scaled-down case ordered by the appeals court, Aidala predicted that it could be finished in a week and his client would be exonerated.
Deborah Tuerkheimer, a professor at Northwestern University Pritzker School of Law and former assistant district attorney in Manhattan, said whether there is a second trial will “hinge on the preferences of the women who would have to testify again and endure the ordeal of a retrial.”
“I think ultimately this will come down to whether they feel it’s something they want to do, are able to do,” she said.
Jane Manning, director of the nonprofit Women’s Equal Justice, which provides advocacy services to sexual assault survivors, agreed “the biggest question is whether the two women are willing to testify again.”
If they are, then Manhattan District Attorney Alvin Bragg “will absolutely retry the case,” said Manning, who prosecuted sex crimes when she was in the Queens district attorney’s office in the late 1990s and early 2000s.
Tama Kudman, a West Palm Beach, Florida, criminal defense lawyer who also practices in New Jersey and New York, said prosecutors will likely soon have conversations with key witnesses for a retrial. |
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