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NY court: Chimps don't have same rights as humans
Legal Focuses | 2014/12/05 22:50

A chimpanzee is not entitled to the rights of a human and does not have to be freed by its owner, a New York appeals court ruled Thursday.

The three-judge Appellate Division panel was unanimous in denying "legal personhood" to Tommy, who lives alone in a cage in upstate Fulton County.

A trial level court had previously denied the Nonhuman Rights Project's effort to have Tommy released. The group's lawyer, Steven Wise, told the appeals court in October that the chimp's living conditions are akin to a person in unlawful solitary confinement.

Wise argued that animals with human qualities, such as chimps, deserve basic rights, including freedom from imprisonment. He has also sought the release of three other chimps in New York and said he plans similar cases in other states.

But the mid-level appeals court said there is neither precedent nor legal basis for treating animals as persons.


Spanish court clears way for trial of princess
Legal Focuses | 2014/11/07 18:54

A court cleared the way for Princess Cristina, the sister of Spain's king, to be tried on tax fraud charges Friday in a landmark investigation affecting the royal family.

The case's investigative judge, Jose Castro, must now decide over the coming weeks whether to formally indict the princess, but this might not occur given that the state prosecutor and tax authorities say there is no basis for tax fraud charges against her.

Cristina*s lawyers maintained Friday that Spain's Supreme Court has ruled that people can't be tried on tax charges if neither the prosecutor nor tax authorities present charges.

The Palma de Mallorca court paved the way for Cristina's indictment after rejecting appeals against her being listed as a suspect in a corruption and embezzlement investigation centering on her husband, Inaki Urdangarin.

Castro said Cristina, 49, is suspected of two counts of cooperation in tax fraud. The court dropped a possible charge for embezzlement against her.

Urdangarin is suspected of embezzlement and fraud. He too has yet to be formally charged.


Accused White House intruder to appear in court
Legal Focuses | 2014/09/29 20:11

Following an embarrassing security breach at the White House, one of the most closely protected buildings in the world, the Secret Service is said to be considering establishing new checkpoints to screen tourists in public areas near the presidential mansion.

Meanwhile, the man accused of scaling a security fence and getting into the president's home carrying a knife is scheduled to have his initial appearance Monday in federal court.Omar J. Gonzalez, 42, of Copperas Cove, Texas, is facing charges of unlawfully entering a restricted building or grounds while carrying a deadly or dangerous weapon.

The Army says Gonzalez served from 1997 until his discharge in 2003, and again from 2005 to December 2012, when he retired due to disability.The Secret Service tightened its guard outside the White House after Friday's security breach. Gonzalez is accused of scaling the White House perimeter fence, sprinting across the lawn and entering the building before agents could stop him.

President Barack Obama and his family were away at the time. Obama says he still has confidence in the troubled agency's ability to protect him and his family.Secret Service Director Julia Pierson has ordered increased surveillance and more officer patrols, and has begun an investigation into what went wrong.


Case of American jailed in Cuba back in US court
Legal Focuses | 2014/09/22 21:44

A government subcontractor who has spent over four years imprisoned in Cuba should be allowed to sue the U.S. government over lost wages and legal fees, his attorney told an appeals court Friday.

Alan Gross was working in Cuba as a government subcontractor when he was arrested in 2009. He has since lost income and racked up legal fees, his attorney Barry Buchman told the three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit. A lawyer for the government argued the claims are based on his detention in Cuba, making him ineligible to sue.

The panel is expected to issue a written ruling on the case at a later date.

A lower-court judge previously threw out Gross' lawsuit against the government in 2013, saying federal law bars lawsuits against the government based on injuries suffered in foreign countries. Gross' lawyers appealed.

Gross was detained in December 2009 while working to set up Internet access as a subcontractor for the U.S. government's U.S. Agency for International Development, which does work promoting democracy in the communist country. It was his fifth trip to Cuba to work with Jewish communities on setting up Internet access that bypassed local censorship. Cuba considers USAID's programs illegal attempts by the U.S. to undermine its government, and Gross was tried and sentenced to 15 years in prison.


Kentucky leader pleads guilty in kickbacks scheme
Legal Focuses | 2014/08/27 19:28

Circular saws squealed and construction workers hammered away on buildings, part of this Appalachian area's painstaking recovery from a deadly 2012 tornado.

About 60 miles away, inside in a federal courtroom Tuesday in Lexington, the elected official who led the reconstruction in Morgan County sobbed as he pleaded guilty to a fraud charge stemming from a kickback scheme.

Judge-Executive Tim Conley, the county's top official, received $120,000 to $200,000 to steer work to a contractor in a scheme that started three years before the tornado and continued while the town struggled to rebuild, prosecutors said. Conley could spend years in prison.

His supporters had a hard time believing the three-term Republican had gone astray.

"Everybody respected Tim Conley," said Morgan County resident Steve Gullett. "I just didn't think that he'd be caught up in something like this. It's heartbreaking."

The recovery has been slow in West Liberty, the county seat ravaged by a tornado on March 2, 2012. The new judicial center has opened, and a few businesses have sprung up downtown. A bank that anchored downtown is being rebuilt, but construction is in its early phases, leaving a massive gap in the tiny downtown.


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