[JURIST] Leading Tuesday's corporations and securities law news, Washington Superior Court Judge Steven Gonzalez ruled that former Microsoft [corporate website] executive Kai-Fu Lee [Wikipedia profile] can work for Google [corporate website]. The ruling allows Dr. Lee to work for Google China [Google press release] so long as he does not recruit from Microsoft or use knowledge he gained while working there. The ruling lifts an order preventing Google from employing Lee [JURIST report] but is likely the beginning of a long chain of litigation over Lee's employment. Reuters has more.

In other corporations and securities law news...

• Northwest Airlines [corporate website] may be preparing to declare bankruptcy as it announced that it opted not to make $42 million in debt payments. Northwest's pilots' union said [news update] that the airline's board of directors will meet on Wednesday and that "the NWA BOD will decide whether or not NWA will continue its attempt to restructure outside of the bankruptcy process or file for Chapter 11 bankruptcy protection." Northwest's problems come as it struggles with an ongoing mechanics' union strike. Speculation over Northwest's plans sent the airline's stocks down 58%. AP has more.
  
  
• The jury has been selected for the second Vioxx [JURIST news archive] trial, set to begin Wednesday. Pharmaceutical manufacturer Merck, which recently said it has no plans to settle Vioxx lawsuits [JURIST report], is attempting to go to trial without a key witness, a doctor whose office was destroyed by Hurricane Katrina. In Merck's first Vioxx trial last month, a Texas jury ruled that Merck must pay $253 million [JURIST report] to the widow of a man who died after taking Vioxx. Merck pulled the once-popular arthritis drug after the FDA advised the company that Vioxx posed heart risks in some patients, leading to thousands of possible lawsuits. CNN has more.

[JURIST] Louisiana Attorney General Charles Foti [official website] announced Tuesday that he had filed 34 charges of negligent homicide against the husband and wife co-owners of a nursing home in St. Bernard Parish near New Orleans where 34 people drowned [NYT report] in flooding caused by Hurricane Katrina [JURIST news archive]. Foti said St. Rita's Nursing Home had an evacuation plan that was not implemented even though local officials had set aside buses to pick up the residents, and that the proprietors "didn't follow the standard of care of what a reasonable person would follow." Twenty patients were eventually evacuated from the facility by being floated out on mattresses across half a mile of floodwater; several died during transfer or afterwards. Salvador A. Mangano and Mable Mangano, who were being sought by the AG's office last week [press release], turned themselves in to authorities in Baton Rouge prior to announcement of the charges. AP has more. From New Orleans, the Times-Picayune has local coverage.

[JURIST] Workers in six countries filed a class action lawsuit in California Tuesday against retail giant Wal-Mart [corporate website; JURIST news archive], alleging illegal sweatshop conditions in the company's toy and clothing factories. The non-US claims cite that the workers were paid below minimum wage, forced to work unpaid overtime and had to endure beatings by supervisors. The complaint [PDF text; press release] also includes several US plaintiffs, workers from California grocery stores who say that Wal-Mart's entry into the local market forced their employers to reduce pay and benefits. The complaint also alleges that Wal-Mart breached its own agreement with foreign suppliers by failing to monitor factory working conditions. Reuters has more.

[JURIST] The UN General Assembly ended its session Tuesday by approving a draft agreement [UN press release] for the UN's 2005 World Summit [official website], scheduled to begin Wednesday in New York. The watered-down agreement reflects consensus on several issues [BBC report], including a pledge to establish a new human rights council, the obligation to intervene when civilians become the victims of genocide and war crimes, and the creation of a peace-building commission. Negotiations on a broader reform package broke down last month when US Ambassador to the UN John Bolton [official profile] proposed last-minute amendments [JURIST report] to the draft agreement. UN Secretary-General Kofi Annan [official profile; JURIST news archive], said that the document was one he could work with, but called the failure to reach an agreement [UN News report] in the areas of nuclear non-proliferation and disarmament a "real disgrace," expressing concern for the possibility that weapons of mass destruction "may even get into the wrong hands." Annan challenged leaders of the member states to make the necessary changes at this week's summit. Reuters has more.

[JURIST] Following up on earlier questions about abortion [JURIST report], members of the US Senate Judiciary Committee Tuesday pressed Chief Justice nominee John Roberts [JURIST news archive] for his views on civil rights, torture, and the use of foreign law as precedent. Challenged by Senator Edward Kennedy on his allegedly lukewarm views of the 1965 Voting Rights Act, Roberts said "the existing Votings Rights Act, the constitutionality has been upheld. And I don't have any issue with that." In response to questions on torture [JURIST report], Roberts answered that not even the President was above the law if he were to authorize its use. Roberts also said there was no force of precedent from foreign law [AP report] despite the Court's recent holding in Roper v. Simmons [opinion] which used foreign law in ruling that the death penalty cannot be used against minors. Roberts argued that this was a "misuse" and "not a correct use" of precedent. The nominee repeatedly said he would use stare decisis and draw on precedent when making decisions if he were confirmed as Chief Justice, though Roberts also said that sometimes, such as in the landmark public-school segregation case Brown v. Board of Education [backgrounder], overruling precedent is sometimes the correct path to take. The New York Times has more. A transcript of Tuesday's hearing is available from the Washington Post. The Judiciary Committee will resume [witness list] its consideration of the Roberts nomination Wednesday morning at 9 AM ET.

[JURIST] B'nai Brith Canada [advocacy website] officials said Tuesday that they are considering a constitutional challenge to the Ontario ban on rabbinical courts imposed by Ontario Premier Dalton McGuinty [official profile], arguing that the ban may limit freedom of religion. The premier ordered the ban on all faith-based arbitration [JURIST report] Sunday following his rejection of a government report [PDF text] that has discussed the possibility of creating courts to use Shariah (Islamic law) [Wikipedia backgrounder; CBC FAQ] to arbitrate family disputes between Ontario Muslims. The report led to widespread protests from rights groups [JURIST report; Globe and Mail report] and ultimately the premier's decision to ban all faith-based arbitration in Ontario, which had formally recognized religious tribunals for some faiths since 1991. B'nai Brith is joined by Muslim groups and the Canadian Jewish Congress [advocacy website] in its claim that the ban could limit religious freedom. Despite the ban, Mubin Sheikh of Toronto's Masjid-al-Noor mosque said he will still use Islamic law to mediate Muslim disputes. Sheikh argued that the ban "hurts the women who were supposed to be protected by not affording them official state sanction of the arbitrated settlement." UPI has more.

[JURIST] The US Army said Tuesday that the court-martial of Pfc. Lynndie England [Wikipedia profile; JURIST news archive] will start next Tuesday at Fort Hood [official website]. England, accused of abusing prisoners at Baghdad's Abu Ghraib prison [JURIST news archive], pleaded guilty [JURIST report] in May to charges of conspiracy, maltreatment of prisoners, and indecent acts. The court-martial judge later rejected England's guilty plea [JURIST report], however, as her story did not match that of fellow serviceman and former boyfriend Army Spc. Charles Graner Jr. [Wikipedia profile], already convicted for his role in the abuse scandal [JURIST report]. Eight other soldiers were also charged in connection with these incidents of prisoner abuse. England could receive a maximum sentence of 11 years in prison, a dishonorable discharge, a reduction in rank to private as well as loss of pay and allowances. KWTX-TV has local coverage.

[JURIST] Leading Tuesday's states brief, the New York Supreme Court Appellate Division [official website] heard oral arguments today on whether the court should uphold a lower court ruling that found the state's same-sex marriage ban unconstitutional [JURIST report]. Attorneys for New York City argued that gay marriage is a legislative issue, while attorneys for the Lambda Legal civil rights organization [press release] said barring same-sex marriages denies both state and federal constitutional guarantees of equal protection and due process. City Attorney Leonard Koerner said that Mayor Michael Bloomberg [official website] supports gay marriage, but wants a definitive statewide ruling or statute to avoid the problematic situation of same-sex marriage being legal in New York City, but not in Buffalo. AP has more.

In other state legal news ...

• The New Jersey Supreme Court ruled [PDF opinion] today that minor league baseball attendees struck by foul balls while standing in stadium concession areas may sue for their resulting injuries. While fans in unprotected areas assume some risk of such injury, the court found that attendees should be afforded greater protection in concession areas because "Fans reasonably and understandably let down their guard when they are in other areas of the stadium." The lawsuit, filed by a fan who was hit in the face with a foul ball, was remanded for trial. AP has more.
  
  
• North Carolina Attorney General Ray Cooper [official website] has said that House Speaker Jim Black [official profile], former House co-speaker Richard Morgan and Senate leader Marc Basnight [official profile] did not break the law last year when they placed nearly $14 million in reserve funds within three state agencies and then used the money to present checks to a variety of nonprofits and government programs during their campaign. Cooper said that while no law was broken, "It is clear that the manner in which state money was directed is problematic for its secrecy, its lack of accountability, and its end run around the legislative process." The reserve funds were placed within the Department of Cultural Resources, the Department of Health and Human Services, and the Office of State Budget and Management [official website]. North Carolina's News & Observer has local coverage.

[JURIST] Palestinian President Mahmoud Abbas [official profile] and other leaders Tuesday called on Palestinians to halt looting [Reuters report] and restore order following Israel's withdrawal [JURIST report] earlier this week from the formerly occupied Gaza Strip [Wikipedia backgrounder]. Celebrations and disorder spread swiftly after Israeli forces pulled out Monday. Abbas, calling the withdrawal an "historic opportunity," said that it was imperative for Gaza to begin rebuilding efforts immediately, as the world was watching and it would serve as a test for future statehood for Palestinians. Palestinian Prime Minister Ahmed Qurie appeared at Neve Dekalim, previously the largest Israeli settlement in the territory, and called on residents there to halt looting. After initial inaction, Palestinian security forces have now begun to control movement along the border with Egypt and have stepped in to halt the ransacking of abandoned synagogues. From Israel, Haaretz has local coverage of the withdrawal. Reuters has more.

[JURIST] A US probe into allegations of abuse of detainees at Guantanamo Bay [JURIST news archive] reported that distrust between military police and investigators led to problems at the prison facility, according to new documents obtained by the Associated Press in a Freedom of Information Act lawsuit. The investigation revealed that MPs feared that interrogators gave MPs' personal information to detainees in exchange for intelligence. Investigators recommended the dismissal of one interrogator in particular for making an unfounded allegation of abuse against the MPs and raised the possibility that he suffered from Reverse Stockholm Syndrome [Wikipedia backgrounder], developing an inappropriate bond with the prisoners he was interrogating. The military did not disclose whether the interrogator singled out by the report had been transferred or dismissed. AP has more.

[JURIST] Muslim scholars in Nigeria have begun a campaign promoting Sharia [Wikipedia backgrounder] or Islamic law as a tool for actually improving conditions for local women. Ibrahim Naiya Sada, director of the Centre for Islamic Legal Studies at a top Nigerian university, says Sharia can offer greater protection for women if properly applied to promote education and support for the needy. The use of Sharia in the northern part of Nigeria made headlines over the past year when several women were sentenced to death by stoning for adultery. Sada said the Sharia system suffered from many misconceptions, and instead offered a system of social justice. Reuters has more. Women's rights activists have generally opposed any extension of the Sharia system. Just this past week many protested a plan [JURIST report] to use it voluntarily in family law disputes involving Canadian Muslims; that proposal was ultimately rejected by the Ontario premier [JURIST report].

[JURIST] In Tuesday's environmental law news, the US Senate, in a 51-47 vote, has defeated a motion that would have overturned mercury emission rules [JURIST report] that the Environmental Protection Agency [official website] finalized in March. AP has more.

In other environmental law news...

• The US Fish and Wildlife Service (FWS) [official website] is seeking comments on a proposed rule [text] that would designate a critical habitat for the endangered southern California distinct population segment of the mountain yellow-legged frog (Rana muscosa) [USGS factpage]. The proposed area includes 8,770 acres of land in Los Angeles, San Bernardino, and Riverside Counties, CA. Designation of critical habitat is done pursuant to the Endangered Species Act [text]. Comments can be made here until November 14, 2005.
  
  
• The Bureau of Reclamation [official website] seeks comments on a proposed rule [text] that would establish regulations regarding public access to and conduct on all Bureau projects, waters, and real property. The Bureau is responsible for over 8 million acres of public lands which draw some 90 million recreational user visits annually. Comments can be made here until November 14, 2005.

[JURIST] An Iraqi taxi driver testifying Tuesday at a court-martial of seven British soldiers [JURIST report] for the alleged murder of an Iraqi civilian said he was also beaten by the troops. Through translated testimony, Athar Finnijan Saddam told jurors that he was carrying passengers in southern Iraq in May 2003 when the soldiers stopped him, dragged him from the car and beat him. One of the passengers was Nadhem Abdullah, who was allegedly beaten so severely by the soldiers that he later died. Proceedings in the case opened last week [JURIST report], before being adjourned and then halted Monday after it was revealed that one of the jurors knew one of the defendants [BBC News report]. Prosecutors have argued the troops were not under attack or defending themselves at the time of the incident. AFP has more.

[JURIST] UN negotiators involved in reform talks ahead of the 2005 World Summit [official website] continued talks late into the morning Tuesday in hopes of having at least some proposals finalized ahead of the summit, which begins Wednesday. Hopes of producing a comprehensive reform proposal on a variety of issues first suggested by UN Secretary General Kofi Annan [official profile] last spring appear to have fallen by the wayside, as some negotiators said they expected to agree on a watered-down set of reforms. Annan had pressed for an overhaul of how the international body functioned on issues including UN management, nuclear proliferation and state responsibility for protecting civilians from genocide and war crimes. Negotiations on a draft proposal involving ambassadors from 15 countries have failed to create a consensus on many of the issues. Pakistan Ambassador Munir Akram [official profile] said agreement had been reached among the 15 on human rights, the creation of a Peacebuilding Commission and terrorism. AP has more.

Previously in JURIST's Paper Chase....

• UN summit talks break down over human rights, management reform differences
• UN reform negotiations falter as summit nears
• Annan cuts short vacation to keep UN reform talks moving

[JURIST] The Senate Judiciary Committee [official website] wasted no time in asking for the thoughts of Chief Justice nominee John Roberts [JURIST news archive] on abortion and the 1973 high court decision in Roe v. Wade during Tuesday's round of confirmation hearings. In the morning session [Washington Post transcript] Roberts followed the precedent of other Supreme Court nominees in declining to prejudge cases that may come before him and steered clear of saying if he favored reversing the ruling or not. He did say, however, that the case is "settled as a precedent of the court, entitled to respect under principles of stare decisis." He also expressed a belief that the right to privacy is protected under the Constitution "in various ways" despite having written a memo as a young attorney referring to the "so-called right to privacy." Reuters has more. In addition to the Washington Post's running transcript of the official proceedings, up-to-the-minute "liveblogs" of the Day 2 hearings are being provided by SCOTUSblog and the Post itself.

Meanwhile Tuesday, the Congressional Black Caucus (CBC) [official website] asked the Judiciary Committee to explore Roberts' thought on civil rights in light of the Bush administration's refusal to release documents from Roberts' tenure in the solicitor general's office and Roberts having turned down its request for a meeting. In a letter to the Committee, CBC chair Rep. Mel Watt (D-NC) [official profile] and Del. Eleanor Holmes Norton (D-DC) [official profile] wrote:

Our country's transformation on race could not have been achieved lawfully and nonviolently without the decisions of the Supreme Court. We hope that you agree that this achievement at a minimum deserves a central place in your examination of the nominee.

[JURIST] Former New Orleans mayor and current President and CEO of the National Urban League [advocacy website] Marc Morial [official profile] has called for a Hurricane Katrina [JURIST news archive] victim's compensation fund, similar to the one created in the wake of the 9/11 attacks [Wikipedia backgrounder]. Speaking at the University of Pennsylvania Monday, Morial also called [press release] for a "Victims Bill of Rights," asking Congress to pass legislation to ensure disaster unemployment assistance for those who have lost their jobs and the protection of voting rights for the displaced. He also recommended the creation of a bipartisan commission to investigate the "miserably failed response" to the storm. In a statement [text] Tuesday, President Bush said that he took responsibility [AP report] "to the extent that the federal government didn't fully do its job right." AP has more.

[JURIST] A federal judge has ruled that correction officers in Fresno California violated the Vienna Convention on Consular Relations [text] by not properly informing twelve Mexican defendants of their right to contact the Mexican Consulate after their arrests on drug charges. The jail officials gave the defendants hand-outs in Spanish and English that told them of their right to contact the consulate, but Judge Anthony Ishii determined Monday that the written pamphlets were insufficient. The International Court of Justice held last year that the US violated the Vienna Convention [ICJ case materials] by not advising 51 Mexicans on death row [JURIST report] of their right to assistance from their government. Stung by the decision, the US later withdrew from the international protocol [JURIST report] giving the ICJ jurisdiction over disputes under the Convention, although the US still considers itself bound by the Convention itself. The Fresno Bee has more [registration required].

[JURIST] A blue-ribbon California civil justice commission comprised of lawyers, judges, and academic, business, labor and community leaders has called for interpreters to be made available in civil as well as criminal cases in California courts. The California Commission on Access to Justice [commission website] issued a report Tuesday saying there is a "dire and unmet need for language assistance" and arging that many people cannot effectively defend themselves or assert their rights under the present English-only civil system, often losing "legal rights, property, livelihood or shelter" as a result. Currently, the seven million Californians who are not proficient in English have a right to a state-funded interpreter only in criminal cases. The report, Language Barriers to Justice in California [PDF text], recommends providing an interpreter in all court cases and expanding the training and recruitment of interpreters. Bay City News has more.

[JURIST] The European Court of Justice [official website] ruled [judgment text; press release, PDF] Tuesday that the European Union can require member states to criminally prosecute companies that violate EU environmental laws. The decision was made in response to a 2001 lawsuit brought by the European Commission [official website] against the 25 EU governments for not writing the criminal prosecution of environmental violators into legislation that the commission had drafted. The governments wanted to leave the decision for criminal prosecution to individual national authorities, but the high court disagreed, saying that the issue of pollution is a cross-border issue and the decision will allow the commission to make its legislation as effective as possible. The Commission welcomed [press release] Tuesday's ruling, calling it a ground-breaking decision that will "strengthens democracy and efficiency in the European Union." European Commission President Jose Manuel Barroso [official profile] also noted that criminal penalties will only be drafted for "particularly serious offenses." AP has more.

[JURIST] Nepali police Tuesday detained at least 250 pro-democracy activists - including a former deputy prime minister - for defying a ban on demonstrations in the Kathmandu city center. Protestors from seven major political parties took to the streets to condemn the February seizure of power [JURIST report] by King Gyanendra [BBC profile]. Organizers insist that the number arrested is closer to 500, and witnesses say the police beat activists with canes while taking them into custody. Gyanendra took unilateral control of the government February 1, claiming that civilian politicians had failed to crush a bloody Maoist revolt against his rule; he lifted a formal state of emergency in the country in May, but protests have continued [JURIST report] in the face of continued restrictions on civil liberties. Reuters has more.

Also in Nepal [JURIST news archive] Tuesday, the Supreme Court of Nepal [official website] began hearing a challenge to the constitutionality [JURIST report] of the Royal Commission for Corruption Control, an anti-corruption body appointed by the king, which had previously jailed former prime minister [JURIST report] Sher Bahadur Deuba [Wikipedia profile]. Lawyers claim the body is undemocratic and unconstitutional and should be dissolved. The king maintains the constitution allows him to issue orders that defend the nation's laws with the consent of parliament. However, the king disbanded the parliament in 2002. UPI has more.

[JURIST] The president of Australia's Human Rights and Equal Opportunity Commission (HREOC) [official website], a national independent statutory government body, cautioned Tuesday that the country's proposed new anti-terrorism measures [JURIST report] could violate human rights and said the legislation needed a time limit to ensuring periodic review of the terror law. John von Doussa [official profile] said Australia must be careful to protect human rights guaranteed by the International Covenant on Civil and Political Rights [text] and that the covenant should only be violated in times of emergency, adding that the right to be free from torture and the right to life should never be violated. Von Doussa criticized the federal government's push to detain suspects for up to two weeks because the decision to detain would not be subject to judicial review by the High Court. He also called for a narrower definition of the newly created charge of "associating with terrorist organizations" and the inclusion of "sunset clauses, which will ensure that parliament periodically considers the measures afresh to ensure that they are still proportional to the threats of the time." AAP has local coverage. Read the HREOC press release.

[JURIST] Sunni Arab negotiators Tuesday requested that the UN guarantee a fair referendum on the draft Iraqi constitution [English translation, PDF; JURIST news archive], while expressing frustration and rejecting the latest version of the charter. Sunni negotiator Hussein al Falluji said he and others had spoken with Ashraf Qazi, UN Special Envoy to Iraq, to ask for an assurance that the voting process will be conducted in a fair manner "without any forgery or manipulation." Falluji stressed, "If the Iraqi people say 'Yes', then we want to believe that it was the Iraqi people's choice, and if they say 'No', we don't want others to doubt it." While the vote on the Iraqi constitution is scheduled to take place on October 15 [JURIST report], some Sunni leaders have said they will conduct a "no" campaign unless requested amendments are made to the document, specifically including the issue of federalism. Sunni opposition to the draft could prove fatal since a two-thirds "no" vote in three provinces will veto the constitution and Sunni Arabs make up a majority of the population in four provinces. Reuters has more.

Meanwhile, members of the constitutional drafting committee [official website] were still holding last-minute discussions Tuesday regarding amendments proposed by Sunni negotiators. The amendments relate to a contentious draft article opposed by Sunnis saying that only the Arab people of Iraq are part of the Arab nation [JURIST report], provisions on control of Iraq's water resources, and the sharing of power between the prime minister and his two deputies. An announcement on a revised draft is expected to be made Wednesday morning. AFP has more.

[JURIST] The Ukrainian Constitutional Court [official website] Tuesday approved by a 10-4 margin a draft law that would alter the country's constitution [text] by limiting presidential authority while strengthening parliamentary control. The measure, to take effective on January 1, 2006, gives parliament the power to appoint the prime minister, defense minister, and foreign minister after nomination by the president. The draft law was approved last December [JURIST report] by the Ukrainian parliament, the Verkhovna Rada [official website], and is supported by rivals of President Viktor Yushchenko [Wikipedia profile]. Yushchenko's supporters in parliament have vowed to boycott the reforms. MosNews has more.

[JURIST] Italy's highest court upheld a lower court ruling [JURIST report] Tuesday permitting the extradition of Hussain Osman [Wikipedia profile], also known as Hamdi Issac, a suspect in the failed July 21 London bomb attacks [JURIST report]. Osman, who is expected to be transferred to Britain within the next 10 days, was arrested in Italy the week following the attacks on a new European arrest warrant [EU backgrounder], intended to speed up extradition. Three other suspects remain in British custody [JURIST report], charged with attempted murder, possessing explosives, conspiracy to murder and conspiracy to cause explosions. BBC News has more.

[JURIST] Saudi Arabia's King Abdullah [Wikipedia backgrounder] approved government plans Monday to set up an "independent human rights commission" which would "protect human rights and spread awareness about them...in keeping with the provisions of Islamic law." The decision was made at a Cabinet meeting which was chaired by the King. This will be the second such agency in Saudi Arabia [JURIST news archive], with the country's first recognized human rights watchdog established in March 2004 as a private group. The country has taken steps towards the creation of a democratic government [JURIST report] but has frequently been accused of violating human rights. The kingdom has no elected parliament and international rights groups have criticized the country's lack of due process. AP has more.

[JURIST] The number of detainees on a hunger strike at the Guantanamo Bay [JURIST news archive] terror detention camp has increased to at least 128, a US military spokesman said Monday. Eighteen detainees are being force-fed intravenously as the hunger strike enters its second month [JURIST report] and are reported to be in serious physical danger. An earlier hunger strike in June and July ended once a number of detainees were promised that their living quarters would improve [JURIST report] in line with the Geneva Conventions [ICRC backgrounder]. The detainees are refusing food to protest their long imprisonment without charges, lack of due process and beatings received by military personnel. Most claim that they were captured by mistake by US forces. Lawyers for the prisoners say that over 200 detainees are currently refusing food, and report that some of their clients have vowed to die, with many already having been taken to hospital. Maj. Jeffrey J. Weir said that accounts are exaggerated, and that there are no detainees in danger of dying because of the military's force-feeding treatment. Weir did not acknowledge that the detainees were protesting poor conditions or beatings and said that it is his understanding that the detainees are merely trying to call attention to their "continued detention." Last week, a federal appeals court suggested that US courts might review military tribunal determinations [JURIST report] that Gitmo detainees are "enemy combatants" subject to indefinite detention without charge Tuesday's Washington Post has more.

[JURIST] Former Westar Energy [corporate website] CEO David Wittig and former Chief Strategy Officer Douglas Lake were both found guilty Monday of fraudulently taking millions of dollars from the company, the largest electric utility in Kansas. Witting was found guilty of 39 counts and Lake 30 counts on charges that included conspiracy, wire fraud and money laundering. Each wire fraud charge is punishable by up to 20 years in prison and a fine of up to $1 million. On Tuesday, the court will hear testimony on whether or not the government can recover money from the executives. This is the second trial for this case, with the first ending last year in a mistrial [Kansas City Business Journal report] after jurors could not reach a consensus on over half the charges. AP has more.

[JURIST] Indonesian militant Rois, also known as Iwan Dharmawan, was sentenced to death Tuesday in Indonesia [JURIST news archive] for his role in the September 2004 suicide car bombing at the Australian embassy in Jakarta [JURIST report; BBC report] which killed 10 Indonesians. Although Rois proclaimed to be innocent, he told reporters that he was happy to die a martyr after receiving the death sentence, adding "[w]hen one Muslim dies, other Muslims will take revenge." Rois is thought to be the lead militant in the attack which presiding Judge Roki Panjaitan said was financed by Osama bin Laden [JURIST news archive], the first time the bombing has been linked to the Al Qaeda leader. Panjaitan said the attack was carried out to show disdain for Australia's support of American policies in the Muslim world. Eleven militants were charged in connection with the bombing [JURIST report] with nine tried for violations of Law No. 15 of 2003 [Jakarta Post report], an anti-terrorism statute enacted after the October 2002 bombing in Bali [Wikipedia backgrounder] which killed 88 Australians. Both attacks have been linked with Al Qaeda affiliate Jemaah Islamiyah [Wikipedia backgrounder]. Following the attack in Bali, there was widespread disappointment when Abu Bakar Bashir [BBC profile], spiritual leader of the group, received a reduced sentence for his role in the attack [JURIST report] earlier this year. Rois' death sentence marks the fourth that has been handed down since the new law was introduced. Reuters has more.