It was the wrong thread

[Tyrone Slothrop]

Originally posted by Not Bob
Alleged kick-backs to named plaintiffs or people who referred named plaintiffs that were not disclosed. And, since the class certification process (whether before or after settlement) required them to disclose this sort of thing under oath, you've got perjury. Plus, if I recall correctly, the way the lawyers paid the plaintiffs (in large sums of cash, reportedly kept in an office safe) resulted in potential tax evasion and money laundering issues.

The Wall Street Journal Law Blog has followed the whole Milberg Weiss indictment story in some detail.

The term "followed" used here in the sense of "reveled in."

[NotFromHere]

Dan Rather filed a $70 million lawsuit Wednesday against CBS, alleging that the network made him a “scapegoat” for a discredited story about President Bush’s National Guard service.

The 75-year-old Rather, whose final months were clouded by controversy over the report, says the complaint stems from “CBS’ intentional mishandling” of the aftermath of the story.

The lawsuit, filed in State Supreme Court in Manhattan, also names CBS President and CEO Leslie Moonves, Viacom Inc. Chairman Sumner Redstone, and former CBS News President Andrew Heyward.

Rather, the former anchorman of the “CBS Evening News,” is seeking $20 million in compensatory damages and $50 million in punitive damages.

CBS spokesman Dana McClintock said: “These complaints are old news, and this lawsuit is without merit.”

Rather's got enough money to buy a pretty good lawyer I'd think.

[Tyrone Slothrop]

Justice is blind:

• This was a murder case that started out in Nassau County, New York. In the normal course, the top count of depraved indifference murder was dismissed after the court inspected the grand jury minutes for sufficiency. So far, great. But from that point on, the case went downhill fast.
  
  The Assistant District Attorney wasn't very proud of this dismissal, so no one was told of it and the decision was buried in the file. The defense attorney never bothered to mention anything to his client, and was subsequently replaced by a new attorney, who never bothered to read the file for the decision on motions.
  
  The Court Clerk who marked the count dismissed did so in the wrong place, the wrong side of the file jacket. When the case was sent to a new judge for trial, the new clerk looked in the correct place on the file jacket and saw nothing there. The trial judge never read the file and didn't know of the order dismissing the charge. And the prosecutor never bothered to mention anything to anyone as the case went to trial.
  
  And so the case was tried, and the defendant convicted of murder. And no one knew. Well, not exactly no one, as the Nassau County ADA knew that he had gotten a conviction for a dismissed count, but he was npt about to screw up a good conviction by dredging up bad memories.
  
  It took a court data input clerk, about a month after the conviction, to realize that something went wrong. Very wrong. So what does he do? As an employee of the court system, he naturally notifies the District Attorney (who else would he tell?). But this time, someone realizes that they have made a huge mistake and word spreads about the murder conviction on a dismissed count of an indictment.
  
  And so, the Trial Judge promptly vacates the conviction and chastises all involved, himself included, for this shocking failure? No, no. The Trial Judge decides that it doesn't matter. A conviction is a conviction, even without a charge, and sentences the defendant to the maximum. For good measure, he maxes out the defendant on the lesser counts as well.
  
  Side note: If the data input clerk had not noticed that something was wrong, the defendant would have spent the next 30 years of his life in prison for a murder conviction that could not legally exist. No one would have ever known. He would have never known. And that would be that.

[ltl/fb]

Originally posted by Tyrone Slothrop
And so, the Trial Judge promptly vacates the conviction and chastises all involved, himself included, for this shocking failure? No, no. The Trial Judge decides that it doesn't matter. A conviction is a conviction, even without a charge, and sentences the defendant to the maximum. For good measure, he maxes out the defendant on the lesser counts as well.

Uh, so, did this post-discovery-of-dismissal-of-the-charges sentence stick? Or was it overturned? Perhaps clicking on the link would tell me. Perhaps not.

[SlaveNoMore]

Tyrone Slothrop
Justice is blind:

• This was a murder case that started out in Nassau County, New York. In the normal course, the top count of depraved indifference murder was dismissed after the court inspected the grand jury minutes for sufficiency. So far, great. But from that point on, the case went downhill fast.
  
  The Assistant District Attorney wasn't very proud of this dismissal, so no one was told of it and the decision was buried in the file. The defense attorney never bothered to mention anything to his client, and was subsequently replaced by a new attorney, who never bothered to read the file for the decision on motions.
  
  The Court Clerk who marked the count dismissed did so in the wrong place, the wrong side of the file jacket. When the case was sent to a new judge for trial, the new clerk looked in the correct place on the file jacket and saw nothing there. The trial judge never read the file and didn't know of the order dismissing the charge. And the prosecutor never bothered to mention anything to anyone as the case went to trial.
  
  And so the case was tried, and the defendant convicted of murder. And no one knew. Well, not exactly no one, as the Nassau County ADA knew that he had gotten a conviction for a dismissed count, but he was npt about to screw up a good conviction by dredging up bad memories.
  
  It took a court data input clerk, about a month after the conviction, to realize that something went wrong. Very wrong. So what does he do? As an employee of the court system, he naturally notifies the District Attorney (who else would he tell?). But this time, someone realizes that they have made a huge mistake and word spreads about the murder conviction on a dismissed count of an indictment.
  
  And so, the Trial Judge promptly vacates the conviction and chastises all involved, himself included, for this shocking failure? No, no. The Trial Judge decides that it doesn't matter. A conviction is a conviction, even without a charge, and sentences the defendant to the maximum. For good measure, he maxes out the defendant on the lesser counts as well.
  
  Side note: If the data input clerk had not noticed that something was wrong, the defendant would have spent the next 30 years of his life in prison for a murder conviction that could not legally exist. No one would have ever known. He would have never known. And that would be that.

What does the family of the person he murdered think about all of this?

[Tyrone Slothrop]

Originally posted by SlaveNoMore
What does the family of the person he murdered think about all of this?

How about the guy who actually committed the murder? I bet he's thrilled, eh?

[Gattigap]

Originally posted by Tyrone Slothrop
How about the guy who actually committed the murder? I bet he's thrilled, eh?

I don't get it.

top count of depraved indifference murder was dismissed after the court inspected the grand jury minutes for sufficiency

What does this mean, exactly? Were there lesser charges entwined with the same act, but where this top count was lost for some technical reason, or does this mean that there was essentially no counts at all, and the trial proceeded anyway?

[ltl/fb]

Originally posted by Gattigap
I don't get it.



What does this mean, exactly? Were there lesser charges entwined with the same act, but where this top count was lost for some technical reason, or does this mean that there was essentially no counts at all, and the trial proceeded anyway?

There was a second-degree depraved indifference murder, two possession of weapons charges, and one tampering with evidence charge. It seems like it's possible to have weapons and tamper with evidence w/o actually being the murderer.

[SlaveNoMore]

Tyrone Slothrop
How about the guy who actually committed the murder? I bet he's thrilled, eh?

Sure is - since folks like you are looking to let him out.

[LessinSF]

Originally posted by sebastian_dangerfield
I enjoy watching Bill Lerach die a very deserved public death, and can only hope he loses everything and is left selling used compact discs on Venice Beach before its all over.

And Melwyn Weiss is right behind him - http://sfgate.com/cgi-bin/article.cg...sn=001&sc=1000 .

[Tyrone Slothrop]

Originally posted by ltl/fb
There was a second-degree depraved indifference murder, two possession of weapons charges, and one tampering with evidence charge. It seems like it's possible to have weapons and tamper with evidence w/o actually being the murderer.

No -- Slave somehow knows that he was guilty of murder.

[SlaveNoMore]

Tyrone Slothrop
No -- Slave somehow knows that he was guilty of murder.

A jury of his peers believed so.

Why shouldn't you?

[Hank Chinaski]

Originally posted by SlaveNoMore
A jury of his peers believed so.

Why shouldn't you?

i think you'd have more sucess if you took your arguments directly to the blog sources that hatch his opinions for him.

[sebastian_dangerfield]

Originally posted by LessinSF
And Melwyn Weiss is right behind him - http://sfgate.com/cgi-bin/article.cg...sn=001&sc=1000 .

I'm still baffled by Lerach's deal. It makes no sense.

But that he's losing his law license is perfect. Slow death from torture.

[Tyrone Slothrop]

• Description:
  
  The Supreme Court of the Republic of Palau is seeking an Associate Justice to preside over trial and appellate proceedings. Palau, a small tropical island nation in Micronesia, is renowned for its unspoiled natural beauty and unique marine life. Until 1994 when it achieved independence, Palau was a United Nations Trust Territory under U.S. Administration: its legal system continues to borrow from U.S. common law while also recognizing local customs and traditions.
  
  Qualifications:
  
  The Supreme Court is seeking individuals with a sense of adventure, an acute legal mind, and a commitment to the thoughtful development of Palauan law. At least five years quality legal experience is required, ten years preferred Salary: $80,000 U.S. Dollars, housing, relocation costs, and a health insurance stipend
  
  How to Apply:
  
  Interested persons should submit a letter of application (including personal contact information), resume, list of three references (including contact information), and a writing sample. Send your application via First Class United States mail (the rate is the same as to any U.S. state) to:
  
  Judicial Nominating Committee Supreme Court of the Republic of Palau P.O. Box 248 Koror, Palau 96940 Deadline: 9/30/07

link