 |
|

Legal news from Friday, August 3, 2007 |
 |
|


US Marine sentenced to 15 years for Hamdania Iraqi civilian murder
Mike Rosen-Molina on August 3, 2007 4:43 PM ET

[JURIST] A military jury in Camp Pendleton, California, Friday sentenced [press release] US Marine Sgt. Lawrence G. Hutchins, III to 15 years in prison for his role in the April 2006 kidnapping and murder of Iraqi civilian Hashim Ibrahim Awad [Wikipedia profile] in Hamdania [USMC timeline; JURIST news archive]. Hutchins was convicted [JURIST report] Thursday of murder, conspiracy to commit murder, making a false official statement, and larceny. He is the first and only Marine convicted of murder in connection to the Hamdania incident.
Earlier Friday, a military jury sentenced US Marine Cpl. Marshall L. Magincalda [advocacy website] to 448 days confinement [press release; JURIST report] and demoted him to private for his role in the Hamdania incident. Magincalda, who was convicted [JURIST report] of conspiracy to murder, larceny and housebreaking, and acquitted of more serious charges of premeditated murder, kidnapping, and making a false official statement, will not serve any additional time in detention as he has been in pre-trial confinement for the last 450 days. Five defendants have pleaded guilty [JURIST report] in the death of Awad, who was removed from his residence and killed, then arranged with a shovel and firearm to appear as if he were planting an improvised explosive device. AP has more.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

US Marine sentenced to time served for role in Hamdania Iraqi civilian murder
Michael Sung on August 3, 2007 1:00 PM ET

[JURIST] A military jury sentenced US Marine Cpl. Marshall L. Magincalda [advocacy website] to 448 days confinement [press release] and demoted Magincalda to private Friday for his role in the April 2006 kidnapping and murder of Iraqi civilian Hashim Ibrahim Awad [Wikipedia profile] in Hamdania [USMC timeline; JURIST news archive]. Magincalda, who was convicted [JURIST report] Wednesday of conspiracy to murder, larceny and housebreaking, and acquitted of more serious charges of premeditated murder, kidnapping, and making a false official statement, will not serve any additional time in detention as he has been in pre-trial confinement for the last 450 days.
Five defendants have pleaded guilty [JURIST report] in the death of Awad, who was removed from his residence and killed, then arranged with a shovel and firearm to appear as if he were planting an improvised explosive device. On Thursday, a military jury convicted Sgt. Lawrence G. Hutchins, III [JURIST report] of murder, conspiracy to commit murder, making a false official statement, and larceny. Hutchins could face life in prison. AP has more.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Rwanda signs extradition treaties after abolishing death penalty
Michael Sung on August 3, 2007 12:20 PM ET

[JURIST] Rwandan Justice Minister Tharcisse Karugarama said Thursday that Rwanda has signed extradition treaties with countries in Africa, Europe, and North America following its abolition of the death penalty [JURIST report] in July. The law ending the death penalty, which took effect July 25, was largely motivated by Rwanda's desire to receive extradited suspects accused of crimes in the 1994 Rwandan genocide [BBC backgrounder; JURIST news archive]. Death sentences issued before the new law took effect were commuted to life imprisonment or life imprisonment with special provisions, which prevents early release unless a prisoner has already served at least 20 years. A Ministry of Justice [official website] official indicated that those convicted of crimes like genocide, crimes against humanity, acts of terrorism resulting in death, rape of children, sexual torture, torture resulting in death, and the murder or other killings conducted with dehumanizing acts on dead bodies may be subjected to special provisions, which require detention in isolation.
The International Criminal Tribunal for Rwanda (ICTR) [official website], which is expected to complete its work by December 2008, has began the process of transferring genocide cases [JURIST report] to Rwandan courts after the abolishment of the death penalty. IRIN has more.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Federal appeals court rules FBI violated constitution in congressional office raid
Michael Sung on August 3, 2007 10:42 AM ET

[JURIST] The US Court of Appeals for the DC Circuit ruled [PDF text] Friday that the FBI's conduct during an 18-hour raid on the congressional offices of Rep. William Jefferson (D-LA) [official profile; JURIST news archive] was unconstitutional, finding that the "compelled disclosure of privileged material to the Executive during execution of the search warrant" violated the Speech or Debate Clause [text] because the FBI searched through privilege materials without giving Jefferson an opportunity to review the materials. The court overturned a lower court ruling [JURIST report] and ordered the return of legislative documents, which the court determined to be privileged, but refused Jefferson's request for the return of non-privileged documents because Jefferson has not demonstrated that the "operations of his office have been disrupted as a result of not having the original versions of non-privileged documents." The court also barred the FBI agents who executed the search from disclosing the privileged or "political sensitive and non-responsive items." Jefferson's arguments [JURIST report] were supported by amicus briefs submitted by former Reps. Tom Foley (D-WA) and Newt Gingrich (R-GA).
In June, Jefferson pleaded not guilty [JURIST report] to charges [DOJ press release] under the Foreign Corrupt Practices Act [DOJ materials], including bribery, racketeering, money laundering and obstruction of justice. Jefferson is accused of accepting approximately $500,000 in bribes from numerous companies in the US and Africa and faces a maximum sentence of 235 years in prison if he is convicted on all counts. Jefferson's trial is scheduled to begin on January 16, 2008. Last January, former Jefferson aide Brett Pfeffer pleaded guilty [DOJ press release] to bribery charges for his role in the scheme. AP has more.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|