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The jury panel deliberated for 2 hours in their initial session. They will resume deliberations Monday morning.
The prosecutor argued that the only reason the teenager had sex with her cousin is because her “prophet” Jeffs commanded her to do so.
Jeffs’ defense lawyer argued that the accuser is far from a victim and is really pursuing this case so that she can file an eventual civil lawsuit and get a large monetary return.
Jeffs’ faces five years to life in prison on two counts of rape as an accomplice.
The accuser’s ex-husband Allen Steed testified in the trial that his religion did not condone the use of force and that his ex-wife, in fact, initiated their first sexual encounter.
“They prosecuted Warren Jeffs for rape because he is the leader of a religious group that the state does not approve of” his defense lawyer stated in the closing arguments.
Rather claimed CBS used him as a “scapegoat” and intentionally allowed him to take the blame for a discredited story about President Bush’s military service in order to please the White House.
Unfortunately for Rather, he publicly took personal responsibility for the inaccuracies and it was widely reported at the time that he firmly believed in the truth of the story and was not interested in researching the story any further.
CBS commissioned an independent panel to determine the source of the story’s problems. The panel concluded that the story was neither fair or accurate. As a result CBS fired the story’s producer, asked for resignation of three executives and eventually accepted Rather’s resignation in the aftermath.
Rather claimed on CNN Larry King Live “this was in many ways a fraud. It was a set-up.”Legal experts don’t give Mr. Rather a high probability of success in this lawsuit.
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Of course this new view of the jury instructions only developed after the jury announced that they were deadlocked 7-5.
Judge Fidler originally contemplated adding a lesser included manslaughter instruction but ultimately decided against doing so. Instead the judge crafted his own new instruction to replace the pin-point instruction in Defense Special Instruction #3.
The new instruction gives examples of how Spector may be found guilty of 2nd degree murder without the jury finding the prosecution’s version of the case to be true.
Most legal experts this modification of instructions is disastrous if deliberations result in a conviction.
Whether it is a mistrial or a reversal on appeal, the Phil Spector trial will most likely take all over again.
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Britney and Kevin Federline were ordered to refrain from drinking and using drugs around their two children. They were also ordered to abstain from drinking or using drugs 12 hours before either of them cares for the children.
Superior Court Judge, Scott Gordon found that “Based on the evidence presented the court finds that there is a habitual frequent and continuance use of controlled substances and alcohol."
The judge also ordered Spears to meet eight hours per week with a “parenting coach.” The coach will observe and report back to the court about her parenting skills.
Both Britney and Kevin Federline have been ordered not to make any derogatory remarks about each other in front of the children.
If her custody battle was not difficult enough, on Friday, September 21st the L.A. City Attorney charged Britney with hit and run. She could face up to six-months in jail and up to a $1,000 fine.
The hit and run victim Kim Robard-Rifkin, told police all she wanted was for her car to be fixed.
One additional problematic development for Britney, her management firm recently dropped her after her performance at the MTV Video Awards.
More to come.
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This time they got OJ on armed robbery, kidnapping, coercion, cohesion, corrosion, and never finding the real killer. If he is convicted he could spend the rest of his life in prison...something he should have been going for the last 12 years, but now he’s free on bail and working on his next book, If I Stole It.
But I digress.
The fact of the matter is that OJ is back in the news and he will stay in the news until his trial, and then he will become his own reality show called, Who Wants A Piece Of Me.
Speaking of TV, I have discovered a rather disturbing fact this week that I wish to share with the American public for the first time. Last week, we all saw the latest video tape of Osama Bin Laden, making his predictions for the college football season...or whatever the hell he said. Who knows for sure? Then, today, I saw a just released video of Fidel Castro, whom we have not heard a word out of for quite some time. And I couldn’t understand what he said either.
And then, it struck me like a slap in the face with a wet mackerel. Osama bin Laden and Fidel Castro are the same guy. Look at them side by side; slap a turban on Castro and trim up Bin Laden’s beard; and you’ve got twins. The two biggest pains in our collective rear ends are the same guy and we only see him on video tape. I am seeing a wag the dog symptom at work here.
If Bin Laden and Castro are the same guy, who else is in on the scam? What about that guy from the Home Improvement? The next door neighbor who never revealed his mug to the public? Or, maybe, just maybe, OJ is behind this whole thing and for that reason alone he should be locked away with Robert Blake, but once again, I digress.
The main thing I want to tell you John is that I am worried. I am worried about the state of the economy and the simple observation that we don’t even realize that we have all been placed in a handbasket and that we are heading to a place even hotter than the desert.
The stock market is a mess. It’s up and down more often than Paris Hilton’s party dress, and one of these days, it’s going to break all together.
Oil prices are getting higher and higher even though Hollywood celebrities are driving electric cars. If they can’t make a difference, who the hell can?And the poor kids, nowadays, they have it rougher than anybody. You give the child a toy to play with today, and tomorrow you find out that the Chinese painted it with lead and you have to take it away and give the child a different toy...from China...and the dilemma repeats.
And on top of all of this, the mortgage market is collapsing because the lenders thought that just because you didn’t make much money was no reason not to give you a $500,000 loan. What were they thinking? That everybody they loaned money to was either going to become a CEO or win the big bucks on Deal or No deal?
It’s basic economics as espoused by the late great William Shakespeare, who although he used a lot of clichés, hit the nail on the head when he said “Neither a borrower nor a sub-prime lender be.”
But most of all John, I am worried about the future...the future of our greatest natural resource...celebrities. Our celebs are dropping like flies with Nicole Richie preggers, Britney Spaniel going to jail, Lindsay Lohan and Owen Wilson sharing a spike together. Before you know it, we will be completely out of young vivacious stars and starlets and then...out of the ashes....will arise the spawn of Satan, otherwise known as Michael Jackson’s children.
Mark my words, but when all of our celebrities are either dead or in rehab, Prince, and Paris, and Blanket will burst onto the scene with their grossly misshapen and disfigured old man to take the celeb world by storm.
And speaking of the King of Poop, did you ever notice that all of his facial features are interchangeable...like a Mr. Potato Head. He can change noses, ears, and beards at will. That’s right, I said beards, just like Osama Bin Laden and Fidel Castro wear. In fact, who’s to say that the videos we have been seeing of Ossie and Fidel haven’t been produced by somebody else altogether, somebody who has a lot of money, and video production knowledge, and lives overseas, and has a chip on his shoulder the size of Bubbles the monkey.
That’s right my friends, the perpetrator of fear in this country is none other that Michael Jackson...who you will notice, is never seen in the same picture as OJ Simpson and has been known, on occasion, to only wear one glove. Ladies and gentlemen of the jury, I rest my case and trust that you will take this conspiracy case for what it is, the ranting of the last angry lawyer.
That’s all from me for now. Lubitsch over and Lubitsch out.
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BAIL
Bail was set by the court at $125,000.
$125,000 bail can be posted by cash or the use of a bail bondsman. If cash is posted the court has the right to inquire into the source of the cash. Most likely Simpson would have a friend put up the cash.
If a bond is posted (this appears to be what is happening in the case) the bail bondsman involved would want $125,000 of collateral and a 10% premium or $12,500. The $12,500 would most likely come from a Simpson friend or supporter.
Simpson could use his house for collateral and contrary to commentaries of uninformed analysts his house in Florida would not be subject to the Goldman/Brown civil judgment.
Simpson’s release does not restrict him to the state of Nevada, although the court ordered his passport surrendered to his attorney so Simpson would have to stay on the continental United States.
Simpson was also ordered as a condition of his release that he not make any contact of any kind with the alleged victims in the case.
No electronic monitoring device on Simpson will be required by the court.
PRELIMINARY HEARING AND TRIAL
The Simpson preliminary hearing is presently set for mid-October.
Given the complexities of the case it is most likely that the date will be continued well into the future.
A preliminary hearing is a probable cause hearing to determine if there is sufficient evidence to go forward on a felony jury trial.
Once a preliminary hearing has been completed, assuming there is sufficient evidence to support probable cause of the charges, a trial date will be set.
Jury trial is expected to be one or two years away.
In assembling a trial team on this matter it appears that Simpson’s present attorney, Yale Gallanter will be the lead counsel. Additional members of the defense team will most likely include a local Las Vegas criminal lawyer, a research lawyer, a seasoned criminal investigator, and a litigation consultant.
Defense team costs range between $500,000 and $2,000,000.
DEFENSES
Simpson can argue that he was engaging in a legal recapture of personal property. In order for this defense to be proven Simpson must show that he had a good faith belief the property he went to acquire was his.
For this defense to be complete Simpson must additionally show that he did not know that members of his “Posse” were carrying weapons or intended to use weapons.
The audiotape of the confrontation may show that persons other than Simpson wielded the weapons and ordered the alleged victims to stand up against the wall.
Simpson’s defense must argue that he did not expect things to go as far as they did. He only went there to retrieve property that was rightfully his.
Simpson can also argue that the alleged victims’ versions of the facts are not reliable because of their previous criminal records.
There may also be an issue of a “set up” by witness Tom Riccio.
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The two alleged victims are Alfred Beardsley and Bruce Fromong.
No allegations of actual physical violence have been made.
Federal involvement is not anticipated.
Simpson is not alleged to have personally used a weapon so the weapon charges that are related to him are based on vicarious liability.
Simpson claims he was there to recapture his own personal property in the form of sports memorabilia. If this can be proven to be true he may have a defense.
It is alleged, however, that other property not belonging to OJ Simpson was taken by one of Simpson’s “Posse”.
Simpson will be held in the Clark County Detention Center until a video arraignment tomorrow morning.
The Detention Center personnel will make an assessment based on the charges to determine an appropriate bail.
If bail has not been set by detention personnel before tomorrow’s arraignment the question of bail will be taken up by the Judge.
Simpson like any citizen has the right to a reasonable bail based on the charges brought against him.
The court has the right to inquire of any source of any cash or collateral used for Simpson’s bail.
If Simpson were to use his Florida home for collateral such use would not expose his home to the Goldman/Brown judgment.
The real questions posed in this case are:
- Did Simpson have a good faith belief that he was going to retrieve or recapture his own personal property?
- Did Simpson know that some members of his “Posse” were armed with weapons?
- Did Simpson encourage or participate in the taking of the property he knew was not his own?
- What is a reasonable bail given the facts of this case and given Simpson’s personal history?
- Can OJ Simpson get a fair trial on these charges in Nevada or anywhere else in America?
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On August 1, 2007 Senator Craig signed a guilty plea admitting “disorderly conduct”.
On September 1, 2007 Senator Craig announced his intention to resign from the U.S. Senate.
During this last week Craig has received advice and counsel from Senate Judiciary Committee Member Senator Arlen Spector suggesting that Craig withdraw his guilty plea and fight the case.
Craig’s representatives have now announced that Craig may choose to fight the case in the Minnesota Courts, to vigorously defend himself in a Senate Ethics Committee Hearing, and to clear his name so that he can run again for the Senate. To this end he has hired well known Washington DC lawyer Billy Martin, (yes, Michael Vick’s lawyer).
Fat chance he will be able to withdraw his guilty plea. If a member of the U.S. Senate does not understand what it means to plead guilty and waive his constitutional rights, then how can we expect any guilty plea in the country in any court to withstand a request for withdrawal?
If somehow, Craig’s plea gets withdrawn, the initial charges of soliciting sex would be reinstated and litigation would be an embarrassing mess not only for Craig but also for the Republican Party.
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After five months of trial, 100’s of exhibits, scores of witnesses, and final arguments from prosecution and defense the jury will be asked to decide if Phil Spector is guilty of second degree murder.
Spector is charged with murder in the death of Lana Clarkson in February of 2003.
The prosecution argues that Phil Spector held a gun in Lana Clarkson’s mouth which he either intentionally discharged or accidentally discharged in conscious disregard for her life.
The most powerful prosecution evidence includes statements from women who have in the past been terrorized by Spector after an evening of excessive drinking and his statement “I think I killed somebody” … pretty powerful!
The defense argument focused on the crime scene evidence which showed that Spector had no gun shot residue, no blood spatter, and no tissue on his right arm and his torso where you expect to see such evidence if the prosecution scenario is accurate.
This case is a toss-up. It will be interesting to see how long it takes a jury to come to a conclusion … if they can.
Most probable outcome … Hung Jury!
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California Highway Patrol pulled her over after they observed her toss a cigarette out of her car at approximately 3:00 am.
Officers noticed an odor of an alcoholic beverage emitting from her vehicle.
Storms was asked to submit to a series of field sobriety tests. Officers concluded that they had probable cause to arrest her for driving under the influence.
She was taken to the Van Nuys Jail at 4:26 am and subsequently released several hours later on $5,000 bail.
She is due to appear in court on October 2, 2007 for Arraignment.
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