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State seeks long prison term for accused NYC subway gunman
Court Center | 2023/01/03 20:42
Prosecutors plan to seek a decades-long prison sentence for a man who is expected to plead guilty this week to opening fire in a subway car and wounding 10 riders in an attack that shocked New York City.

Frank James, 63, is scheduled to enter a guilty plea on Tuesday in Brooklyn federal court, admitting that he was responsible for the April 12 attack. It set off a massive 30-hour manhunt that ended when he called the police on himself.

Prosecutors told Judge William F. Kuntz II in a letter late last week that they plan to ask him to go beyond the roughly 32-year to 39-year sentence that federal sentencing guidelines would recommend. James planned the attack for years and endangered the lives of dozens of people, prosecutors said in the letter.

Defense attorneys did not immediately respond to a request for comment on Monday, when courts were closed to observe the New Year’s holiday.

James had been scheduled to stand trial in late February.

His lawyers informed the judge on Dec. 21 that James wanted to plead guilty. Prosecutors say he plans to plead guilty to 11 charges without a plea agreement.

Ten of those charges — each one corresponding to a specific victim — accuse him of committing a terrorist attack against a mass transportation system carrying passengers and employees.


Military police enforce driving ban in snow-stricken Buffalo
Legal Watch | 2022/12/27 18:12
State and military police were sent Tuesday to keep people off Buffalo’s snow-choked roads, and officials kept counting fatalities three days after western New York’s deadliest storm in at least two generations.

Amid some signs of progress — suburban roads reopened and emergency response service was restored — County Executive Mark Poloncarz warned that police would be stationed at entrances to Buffalo and at major intersections to enforce a ban on driving within New York’s second-most populous city.

“Too many people are ignoring the ban,” Poloncarz, a Democrat, said at a news conference.

The National Weather Service predicted that as much as 2 inches (2.5 to 5 centimeters) more snow could fall Tuesday in Erie County, which includes Buffalo and its 275,000 residents. County Emergency Services Commissioner Dan Neaverth Jr. said officials also were somewhat concerned about the potential for flooding later in the week, when the weather is projected to warm and start melting the snow.

The rest of the United States also was reeling from the ferocious winter storm, with at least an additional two dozen deaths reported in other parts of the country, and power outages in communities from Maine to Washington state.


Canada condo killer faced possible eviction before shooting
Court Center | 2022/12/21 20:25
A suburban Toronto man who was killed by police after authorities say he fatally shot five people in his condominium building, including three members of the condo board, had a court hearing scheduled for the next day to determine if the building’s management could evict him.

Francesco Villi, 73, attacked neighbors on three floors of his building on Sunday night, killing three men and two women and wounding a sixth person, a 66-year-old woman who is expected to survive, according to police. One of the officers who responded to a call about an active shooter inside the building in the suburb of Vaughan shot and killed Villi, authorities said.

The attack happened the day before a scheduled online court hearing in which lawyers for the condominium corporation were set to argue that it should be allowed to evict Villi because he had spent years harassing building employees, board members and other neighbors. In court documents, the building’s lawyers said Villi ignored court orders to end the harassment and stop posting online about a longstanding dispute he had with the condo’s management.

Villi long claimed in videos posted on social media and in court documents that vibrations, noises and emissions from the building’s electrical room under his unit were making him sick, and that board members and the building’s developer were to blame.

According to court documents, at least two condominium managers quit because of him, and security guards quit or changed shifts to avoid him. Residents also said Villi would swear at them and film them.


FTX founder could be sent to US after extradition hearing
Legal Watch | 2022/12/18 04:30
Sam Bankman-Fried is back in a Bahamian court Wednesday for an extradition hearing that could clear the way for the one-time billionaire to be sent to the U.S. to face criminal charges related to the collapse of cryptocurrency exchange FTX.

In a court in Nassau, Bahamas, on Monday, Bankman-Fried’s lawyers said he had agreed to be extradited to the U.S., but the necessary paperwork had not yet been written up. If approved, Bankman-Fried could be on a plane to the U.S. as early as Wednesday afternoon.

Bahamian authorities arrested Bankman-Fried last week at the request of the U.S. government. U.S. prosecutors allege he played a central role in the rapid collapse of FTX and hid its problems from the public and investors. The Securities and Exchange Commission said Bankman-Fried illegally used investors’ money to buy real estate on behalf of himself and his family.

The 30-year-old could potentially spend the rest of his life in jail. Bankman-Fried was denied bail Friday after a Bahamian judge ruled that he posed a flight risk. The founder and former CEO of FTX, once worth tens of billions of dollars on paper, is being held in the Bahamas’ Fox Hill prison, which has been has been cited by human rights activists as having poor sanitation and as being infested with rats and insects.

Once he’s back in the U.S., Bankman-Fried’s attorney will be able to request that he be released on bail.


US woman who killed UK teen in crash gets suspended sentence
Court Center | 2022/12/13 05:47
An American woman who left the U.K. after killing a teenager in a road accident was given an eight-month suspended prison sentence on Thursday, though she declined to come to Britain for the court hearing.

Anne Sacoolas, 45, was sentenced over an August 2019 accident in which 19-year-old Harry Dunn was killed when his motorcycle collided with a car outside RAF Croughton, an air base in eastern England that is used by U.S. forces. Sacoolas was driving on the wrong side of the road at the time.

Sacoolas and her husband, an American intelligence officer, returned to the U.S. days after the accident. The U.S. government invoked diplomatic immunity on her behalf, prompting an outcry in Britain and causing tensions between the governments in London and Washington.

Sacoolas admitted causing death by careless driving, which carries a maximum sentence of five years imprisonment. Justice Bobbie Cheema-Grubb said Sacoolas’ actions were “not far short of deliberately dangerous driving,” but she reduced the penalty because of Sacoolas’ guilty plea and previous good character.

The suspended sentence means that Sacoolas faces jail if she commits another offense within a year — though the judge acknowledged the sentence could not be enforced if she remains in the U.S.

The sentencing follows a three-year campaign by Dunn’s family, who met with politicians on both sides of the Atlantic in a campaign to get Sacoolas to face British justice. American authorities refused to extradite her.

Sacoolas entered a guilty plea in October, but the U.S. administration advised her not to come to Britain for sentencing. She attended the hearing at London’s Central Criminal Court by video link.

Lawyer Ben Cooper said Sacoolas had not asked for the diplomatic immunity asserted on her behalf by the U.S. government. He read a statement from Sacoolas in which she said she was “deeply sorry for the pain I have caused.”

“There isn’t a day that goes by that I don’t think about Harry,” the statement said.

The judge said the “calm and dignified persistence” of Dunn’s parents had led Sacoolas to acknowledge guilt and appear before the court.

Dunn’s mother Charlotte Charles said in a victim impact statement that her son’s death “haunts me every minute of every day and I’m not sure how I’m ever going to get over it.”

“As a family we are determined that his death will not have been in vain and we are involved in a number of projects to try to find some silver lining in this tragedy and to help others,” she said. “That will be Harry’s legacy.”


Former Nazi camp secretary voices regret, seeks acquittal
Legal Interview | 2022/12/06 22:54
Lawyers for a 97-year-old former secretary to the SS commander of Nazi Germany’s Stutthof concentration camp asked Tuesday for their client to be acquitted, arguing that she didn’t know about the atrocities committed at the camp located in what is now northern Poland.

Irmgard Furchner has been on trial for over a year at the Itzehoe state court in northern Germany. In her closing statement, Furchner said she was sorry for what had happened and regretted that she had been there at the time, according to a court spokesman.

Her lawyers requested her acquittal, arguing that the evidence hadn’t shown beyond doubt that Furchner knew about the systematic killings at the camp, meaning there was no proof of intent as required for criminal liability.

Prosecutors accused Furchner of being part of the apparatus that helped the Nazis’ Stutthof camp function during World War II. In their closing arguments last month, they called for her to be convicted as an accessory to murder and given a two-year suspended sentence.

Tens of thousands of people died at Stutthof and its satellite camps, or on death marches at the end of World War II.

Furchner, who made headlines last year when she absconded from trial, is being tried in juvenile court because she was under 21 at the time of the alleged crimes.

The court said a verdict is expected on Dec. 20.


Hong Kong asks Beijing to step in into row over UK lawyer
Legal Interview | 2022/11/30 21:04
Hong Kong’s leader said on Monday he will ask Beijing to rule whether to let foreign lawyers be involved in national security cases after the city’s top court allowed a prominent pro-democracy publisher to hire a British lawyer for his upcoming trial.

John Lee said the government would ask for a postponement of Jimmy Lai’s high-profile trial that was due to start Thursday. But he did not offer a timetable for the interpretation that could effectively preempt the court judgment.

“At present, there is no effective means to ensure that a counsel from overseas will not have conflict of interest because of his nationality. And there is also no means to ensure that he has not been coerced, compromised, or in any way controlled by foreign governments, associations or persons,” he said.

The move was targeting overseas counsels who do not have the general practice qualification to carry out legal service in Hong Kong, he added.

Lai, the founder of the now-defunct Apple Daily and one of the most prominent figures in the city’s pro-democracy movement, was arrested after Beijing imposed a tough national security law to crack down on dissent following widespread protests in 2019. He faces collusion charges and a maximum penalty of life imprisonment.

While the city’s secretary for justice was appealing an earlier ruling that approved Lai to hire a veteran British lawyer at the top court, pro-Beijing politicians and newspapers also voiced objections over the last few days.


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