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Legal news from Friday, January 7, 2011




Federal judge orders Stanford trial delayed
Daniel Makosky on January 7, 2011 3:26 PM ET

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[JURIST] A federal judge on Friday indefinitely postponed the trial of Allen Stanford [BBC profile; JURIST news archive], citing chemical dependency that has left Stanford incompetent to stand trial at present. Judge David Hittner of the US District Court for the Southern District of Texas [official website] heard testimony from three psychiatrists before concluding that Stanford's addiction to anti-anxiety and anti-depression medications prescribed by prison physicians has rendered him unable to meaningfully contribute to his defense [Houston Chronicle report]. Judge Hittner ordered representatives for each side to submit motions by Wednesday to determine whether Stanford should remain in custody or be released to a private facility for detoxification.

Stanford is accused of defrauding investors [indictment, PDF; JURIST report] out of $7 billion. Last January, a federal judge ordered that $21.2 million in gold coins and bullion be returned [JURIST report] to more than 200 of Stanford's investors. Weeks earlier, the US Department of Justice [official website] began investigating [JURIST report] political donations and other connections between Stanford and US lawmakers. Stanford donated more than $2.3 million to lawmakers' campaigns and spent more than $5 million in lobbying efforts while allegedly carrying out the fraud. Stanford has denied the charges [JURIST report] against him and was originally set to be released on $500,000 bail until prosecutors successfully appealed the decision. Through three of his investment companies, Stanford allegedly violated the Securities Act of 1933, the Securities Exchange Act of 1934 and the Investment Company Act of 1940 [texts]. He was originally charged [complaint, PDF; JURIST report] in February with running a fraudulent investment scheme by selling certificates of deposit on the promise of improbably high interest rates.




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Illinois House votes to abolish death penalty, still must pass lame-duck senate
Zach Zagger on January 7, 2011 12:25 PM ET

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[JURIST] The Illinois House [official website] passed a bill abolishing the death penalty [JURIST news archive] Thursday, but the bill must still be passed by the Senate with the General Assembly facing a lame-duck session. The amended bill (SB3539) [amendment, text] passed the House 60-54 [Chicago Tribune report] just hours after it had failed by a single vote. It marks the first time the state legislature has voted to abolish the death penalty since former Governor George Ryan put a moratorium on it 10 years ago. Supporters of the bill expressed concern over the possibility of innocent people being executed especially after some people on death row have later been exonerated. Opponents argue, alternatively, that that the threat of the death penalty is an important tool for law enforcement officials.

The death penalty remains a controversial issue worldwide. According to an Amnesty International (AI) [advocacy website] report [text, PDF] the number of countries using the death penalty dropped [JURIST report] in 2009 but more than 700 people were executed in 18 countries, with the most executions carried out in Iran, Iraq, Saudi Arabia, and the US. Last August, US District Court for the Southern District of Georgia [official website] heard a habeas petition from Troy Davis who was convicted and sentenced to death for murdering an off-duty Savannah, Georgia, police officer. In a rare move, the federal court heard the habeas petition after Davis had exhausted his state remedies under the Antiterrorism and Effective Death Penalty Act [text], but the court sided against Davis saying that he failed to prove his innocence. Law Offices of the Southern Center for Human Rights [official website] Executive Director Sarah Totonchi argues [JURIST commentary] that the "'Troy Davis' case illustrates that U.S. courts simply cannot provide the certainty necessary to impose an irreversible punishment; therefore the death penalty must be abolished."




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US transfers Guantanamo detainee to Algeria a year after habeas order
Zach Zagger on January 7, 2011 11:44 AM ET

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[JURIST] The US Department of Defense (DOD) [official website] announced [press release] Thursday that Guantanamo Bay [JURIST news archive] detainee Farhi Saeed Bin Mohammed was transfered to his native Algeria pursuant to a court order [judgment, PDF] from November 2009. The DOD said it had successfully transferred Farhi after the inter-agency Guantanamo Review Task Force [executive summary, PDF] approved the transfer following a comprehensive review considering, especially, the security issues. The DOD worked closely with the government of Algeria to transfer Farhi safely and securely. Farhi's lawyers had fought the transfer [WP report] back to Algeria out of fear that he would be tortured and mistreated. It is unclear whether Farhi is currently in jail in Algeria.

Last January, the US Supreme Court declined to review the decision [JURIST reports] of the lower court permitting the government to transfer Farhi to Algeria. The decision left in place a ruling of the US Court of Appeals for the District of Columbia [official website], in which the government asserted that Fahri's return to Algeria was permissible because there was not credible evidence that he would face torture upon his arrival. In that ruling, Judge Gladys Kessler had directed the government to "take all necessary and appropriate steps to facilitate [Fahri's] release forthwith." The order resulted from a civil action brought against the US government for unlawfully detaining him since 2002.




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