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quinta-feira, 27 de setembro de 2012

Manslaughter trial begins in tour bus crash

AP  COLLEEN LONGNEW YORK -- A manslaughter trial set to begin Thursday will determine whether a tour bus driver should be held responsible for the deaths of 15 passengers when the vehicle slammed into a guardrail and crashed last year, shearing the roof end to end.

Ophadell Williams pleaded not guilty to manslaughter and criminally negligent homicide in the March 12, 2011, accident after prosecutors said he was seriously sleep-deprived but drove anyway.

The World Wide Travel bus ran off Interstate 95 at daybreak as it was returning to Manhattan's Chinatown from an overnight trip to the Mohegan Sun casino in Uncasville, Conn. The crash killed 15 people, mostly Chinese men and women over the age of 40 who were regulars at casinos.

Williams said that a tractor-trailer had cut him off, and that's why he swerved and hit the guardrail. But investigators could find no indication that had occurred. His attorneys have said he was awake and alert, and he's wracked with guilt over the crash, but not guilty of any crimes.

The National Transportation Safety Board said in June that the accident was probably caused by driver fatigue, and a bus company that provided too little safety oversight. They stopped short of saying Williams had fallen asleep.

The bus was traveling at speeds up to 78 mph in a 50 mph zone until seconds before it ran off the road, skittered along a highway guardrail, toppled over and crashed into the support pole for a highway sign. The pole sliced through the bus front to back along the window line, shearing off the roof.

New York state has stepped up inspections of tour buses since the crash. Dozens of buses have been taken out of service after police found problems with logbooks, licenses or equipment.

But on July 4 this year, another casino bus went out of control 2 miles up the road from the March 2011 accident, sending 24 people to the hospital with minor injuries. The bus was on an early morning route from Foxwoods Resort Casino in Connecticut to Chinatown in Queens in the rain when it struck a center median barrier on Interstate 95 in New Rochelle, veered right over three lanes, then slid about 500 feet along an outer barrier before stopping.

New York State Police said that it appeared the driver had been going too fast for the wet conditions.

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sexta-feira, 22 de junho de 2012

Sandusky trial deliberations enter 2nd day

AP  GENARO C. ARMASBELLEFONTE, Pa. -- As jurors deliberated for more than eight hours on charges Jerry Sandusky sexually abused 10 boys over a 15-year period, new accusations of abuse were leveled against the former Penn State assistant coach by a pair of new accusers, including his adopted son.

Just a few hours into deliberations, Matt Sandusky - one of Sandusky's six adopted children - came forward for the first time to say in a statement that his father had abused him. The statement didn't detail the alleged abuse.

Meanwhile, Travis Weaver, a man with a civil lawsuit pending against Jerry Sandusky, told NBC's "Rock Center with Brian Williams" that Sandusky abused him more than 100 times over four years starting in 1992, when he was 10.

Weaver, 30, was named as John Doe in the lawsuit filed in Philadelphia in November.

Sequestered during deliberations, the jury was under orders from Judge John Cleland to ponder only the case placed in their hands Thursday afternoon after hearing starkly different portrayals of the case's facts during closing remarks. Deliberations were scheduled to resume Friday morning at 9 a.m.

Prosecutors have called the 68-year-old Sandusky "a serial, predatory pedophile" whose charity for at-risk youth, The Second Mile, was his source of likely victims who would be dazzled by gifts, grateful for his attention and - perhaps most importantly - unlikely to speak up. His arrest in November ignited a scandal at Penn State that led to the dismissals of beloved Hall of Fame coach Joe Paterno and the university's president.

"He molested and abused and hurt these children horribly," Senior Deputy Attorney General Joseph McGettigan III told the jury in closing statements Thursday. "He knows he did it and you know he did it.

"Find him guilty of everything."

The defense portrays Sandusky as the hapless victim of a conspiracy to convict him of heinous crimes. They explain the 48 charges against him as the result of an investigatory team out for blood and accusers who willingly played along in hopes of securing a big pay day.

"They went after him, and I submit to you they were going to get him hell or high water, even if they had to coach witnesses," defense attorney Joe Amendola said in his animated and impassioned closing remarks.

The elder Sandusky, who faces life in prison if convicted of the allegations, was smiling and chuckling to himself as prosecutors wrapped up closing remarks. His wife, Dottie, leaned forward in her seat with a concerned look, resting her chin in her hands.

Some of the eight alleged victims who testified described showering with the longtime assistant; others spoke of lengthy relationships featuring lavish gifts and out-of-state trips. One testified he felt at times like Sandusky's son, at others his "girlfriend."

A second alleged victim - a foster child at the time police say he was abused - said Sandusky threatened he would never see his biological family again if he told anyone he was forced to perform sex acts, but later took it back and claimed to love him.

One accuser testified to receiving what he called "creepy love letters" from Sandusky. "I know that I have made my share of mistakes," read one handwritten note. "However, I hope that I will be able to say that I cared. There has been love in my heart."

The defense argued the longwinded letters were only the manifestation of a personality disorder characterized by excessive emotionality and attention seeking.

Two of the alleged victims have never been identified by prosecutors. The charges related to them come through other witnesses, including Mike McQueary, the former assistant coach who said he saw Sandusky having anal sex with a boy in a football facility shower. It was McQueary's testimony that touched off the massive scandal that rocked Penn State and forced a re-examination of the role of college administrators in reporting alleged abuse.

After more than eight hours of deliberations Thursday night, the jury returned briefly to the courtroom to ask Cleland if they could rehear testimony from McQueary, and Dr. Jonathan Dranov, a friend of the McQueary family who testified that McQueary gave him a different account of what he saw.

Cleland told the jurors that McQueary's testimony was about two hours in length and Dranov's was about 20 minutes long, and suggested they revisit the McQueary testimony Friday.

Sandusky has denied the allegations, but did not testify in his own defense. Jurors are aware, however, of the denials he gave NBC's "Rock Center" just after his arrest. In it, Sandusky seemed to stumble at times and struggled to give direct answers to questions about his conduct.

Asked if he was sexually attracted to boys, Sandusky told NBC's Bob Costas: "Sexually attracted, you know, I, I enjoy young people. I, I love to be around them. ... No, I'm not sexually attracted to young boys."

McGettigan seized on that, and said: "I would think that the automatic response, if someone asks you if you're a criminal, a pedophile, a child molester, or anything along those lines, would be: 'You're crazy. No. Are you nuts?'" Prosecutors said Sandusky used gifts and the allure of Penn State's vaunted football program to attract and abuse vulnerable boys who came from troubled homes, often ones without a father figure in the house.

As during his opening statements, McGettigan during his closing put up smiling pictures of eight accusers when they were children; all testified at trial that Sandusky molested them. Standing behind Sandusky, McGettigan implored the jury for a conviction.

"What you should do is come out and say to the defendant that he molested and abused and give them back their souls," McGettigan told jurors. "I give them to you. Acknowledge and give them justice."

Amendola argued that Sandusky was targeted by investigators who coached accusers into making false claims about a generous man whose charity gave them much-needed love.

"So out of the blue (after) all these years, when Jerry Sandusky is in his mid-50s, he decides to become a pedophile? Does that make sense to anybody?" Amendola asked rhetorically.

Closing statements came after seven days of testimony, some of it explicitly describing alleged abuse suffered at the hands of Sandusky, including touching in showers, fondling and in some cases forced oral or anal sex. One alleged victim - a foster child at the time - testified that Sandusky threatened him, telling him he would never see his family again if he disclosed the assaults.

The jury, which includes nine people with ties to Penn State, had begun deliberating when Matt Sandusky's attorneys issued a statement alleging that Sandusky abused one of his six adopted children.

"During the trial, Matt Sandusky contacted us and requested our advice and assistance in arranging a meeting with prosecutors to disclose for the first time in this case that he is a victim of Jerry Sandusky's abuse," Andrew Shubin and Justine Andronici said in the statement. "At Matt's request, we immediately arranged a meeting between him and the prosecutors and investigators.

"This has been an extremely painful experience for Matt and he has asked us to convey his request that the media respect his privacy. There will be no further comment."

Karl Rominger, one of Jerry Sandusky's lawyers, declined comment.

Matt Sandusky went to live with Sandusky and his wife as a foster child and was adopted by them as an adult.

Shortly after Jerry Sandusky's arrest, Matt Sandusky's ex-wife went to court to keep her former father-in-law away from their three young children. Jill Jones successfully obtained a restraining order forbidding the children from sleeping over at their grandparents' home.

Around the same time, details emerged that Matt Sandusky had attempted suicide just four months after first going to live with the couple in 1995. He had come into the home through The Second Mile.

Shortly after the suicide attempt, Sandusky's probation officer wrote, "The probation department has some serious concerns about the juvenile's safety and his current progress in placement with the Sandusky family," according to court records supplied to The Associated Press by his birth mother, Debra Long.

Despite those concerns, probation and child welfare officials recommended continued placement with the Sandusky family, and the judge overseeing his case agreed.

During testimony last week, an accuser known as Victim 4 said Matt Sandusky was living at the Sandusky home at the time he stayed there overnight and testified that Jerry Sandusky came into the shower with the two boys and "started pumping his hand full of soap." Matt Sandusky shut off the shower and left, appearing nervous, the witness said.

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Associated Press writers Michael Rubinkam and Maryclaire Dale contributed to this report.

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quarta-feira, 6 de junho de 2012

Sandusky trial set to begin on Tuesday

See it on TV? Check here.In this photo provided by the Pennsylvania Office of Attorney General, former Penn State football defensive coordinator Gerald Jerry Sandusky, center, walks to the office of Centre County Magisterial District Judge Leslie A. Dutchcot while being escorted by Pennsylvania State Police and Attorney Generals Office officials on Saturday, Nov. 5, 2011, in State College, Pa. Sandusky is charged with sexually abusing eight young men. Also, Penn State athletic director Tim Curley and Penn State vice president for finance and business Gary Schultz, 62, are expected to turn themselves in on Monday in Harrisburg, Pa., on charges of perjury and failure to report under Pennsylvanias child protective services law in connection with the investigation into the abuse allegations against Sandusky. (AP Photo/Pennsylvania Office of Attorney General via Commonwealth Media Services) In this photo provided by the Pennsylvania Office of Attorney General, former Penn State football defensive coordinator Gerald "Jerry" Sandusky, center, walks to the office of Centre County Magisterial District Judge Leslie A. Dutchcot while being escorted by Pennsylvania State Police and Attorney General's Office officials on Saturday, Nov. 5, 2011, in State College, Pa. Sandusky is charged with sexually abusing eight young men. Also, Penn State athletic director Tim Curley and Penn State vice president for finance and business Gary Schultz, 62, are expected to turn themselves in on Monday in Harrisburg, Pa., on charges of perjury and failure to report under Pennsylvania's child protective services law in connection with the investigation into the abuse allegations against Sandusky. (AP Photo/Pennsylvania Office of Attorney General via Commonwealth Media Services) (AP Photo)

AP  MARK SCOLFOROHARRISBURG, Pa. -- Alleged victims of former Penn State assistant football coach Jerry Sandusky will have to testify using their real names, and tweets or other electronic communications by reporters will not be permitted during the trial, the judge ruled Monday.

Meanwhile, Sandusky's hopes for a last-minute delay in his trial on charges he sexually abused 10 boys were dashed when the state Supreme Court issued a one-paragraph order that denied a sealed motion but did not disclose the justices' reasoning.

That sets the stage for the start of jury selection Tuesday morning at a central Pennsylvania courthouse.

Lawyers for several of the accusers had asked that their clients be allowed to testify under pseudonyms, a rarity in criminal cases. Cleland said they must use their real names, but that he and lawyers will "cooperate when possible" to protect witness privacy and personal information.

"Arguably any victim of any crime would prefer not to appear in court, not to be subjected to cross-examination, not to have his or her credibility evaluated by a jury - not to put his name and reputation at stake," the judge wrote. "But we ask citizens to do that every day in courts across the nation."

Media organizations, including The Associated Press, typically do not identify people without their consent who say they were sexually abused.

Sandusky, 68, faces 52 charges he abused the boys over 15 years, allegations he has repeatedly denied. He remains confined to his home as he awaits trial.

Ben Andreozzi, who represents one of the alleged victims, said the ruling won't stop his client from testifying, but that having his name made public in open court could make it harder for him to live his life.

"It's almost as if he's being branded with a scarlet letter," Andreozzi said. "This is something he may not ever be able to escape from - 'Oh, he's one of Jerry Sandusky's victims.'" Sandusky's lawyer, Joe Amendola, has argued that more time was needed to wade through information turned over by prosecutors, and to help make defense experts and witnesses available for trial. But he lost recent delay requests at the county, Superior Court and Supreme Court levels.

Cleland wrote last week that "no date for trial is ever perfect, but some dates are better than others."

Amendola said Sandusky will be present for jury selection.

Also Monday, Cleland denied a request by Sandusky's lawyer to order the attorney general's office to turn over information it has collected about potential jurors. Cleland said there was not enough evidence to warrant a hearing on the matter, and noted that prosecutors have said they have only done what a diligent defense attorney would do.

"Even if the commonwealth collected the information in this case in the manner the defense asserts and which the commonwealth denies, I do not believe that the information is constitutionally required to be turned over to the defense," Cleland wrote.

The basis for the defense request was an anonymous letter that claims to list the information prosecutors have collected. The motion itself has been sealed.

"A motion filed by counsel must be supported by allegations of fact backed up with some credible basis to believe the allegations to be true," Cleland wrote. "Otherwise the court and counsel can be engaged in chasing chimeras."

Cleland has not ruled on defense motions to have some or all of the charges thrown out.

Cleland previously had said he would allow electronic communication, but not photographs or the recording or broadcasting of any verbatim account of the proceedings while court is in session.

The AP and other media groups sought clarification on Friday, particularly whether verbatim quotes would violate the rules. In response, Cleland rescinded permission for any electronic communications from inside the Centre County courtroom or a media annex when court is in session.

"It is readily apparent from the allegations in the media's motion ... that the standard I applied in my definition is confusing to reporters, unworkable, and, therefore, likely unenforceable," the judge wrote.

The rules Cleland put in place are typical for Pennsylvania trials. He noted a state criminal procedure court rule that prohibits transmission of proceedings in session by phone, radio, TV, or "advanced communication technology."

At least 250 reporters have registered to attend the trial.

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terça-feira, 5 de junho de 2012

Trial begins in Jerry Sandusky child sex abuse case

In this photo provided by the Pennsylvania Office of Attorney General, former Penn State football defensive coordinator Gerald Jerry Sandusky, center, walks to the office of Centre County Magisterial District Judge Leslie A. Dutchcot while being escorted by Pennsylvania State Police and Attorney Generals Office officials on Saturday, Nov. 5, 2011, in State College, Pa. Sandusky is charged with sexually abusing eight young men. Also, Penn State athletic director Tim Curley and Penn State vice president for finance and business Gary Schultz, 62, are expected to turn themselves in on Monday in Harrisburg, Pa., on charges of perjury and failure to report under Pennsylvanias child protective services law in connection with the investigation into the abuse allegations against Sandusky. (AP Photo/Pennsylvania Office of Attorney General via Commonwealth Media Services) In this photo provided by the Pennsylvania Office of Attorney General, former Penn State football defensive coordinator Gerald "Jerry" Sandusky, center, walks to the office of Centre County Magisterial District Judge Leslie A. Dutchcot while being escorted by Pennsylvania State Police and Attorney General's Office officials on Saturday, Nov. 5, 2011, in State College, Pa. Sandusky is charged with sexually abusing eight young men. Also, Penn State athletic director Tim Curley and Penn State vice president for finance and business Gary Schultz, 62, are expected to turn themselves in on Monday in Harrisburg, Pa., on charges of perjury and failure to report under Pennsylvania's child protective services law in connection with the investigation into the abuse allegations against Sandusky. (AP Photo/Pennsylvania Office of Attorney General via Commonwealth Media Services) (AP Photo)

AP  GENARO C. ARMASHARRISBURG, Pa. -- Jerry Sandusky arrived Tuesday morning at the central Pennsylvania courthouse where he will stand trial on 52 counts of child sexual abuse.

The former Penn State assistant football coach will be on hand as his lawyers and prosecutors begin to choose the 12-person jury that will decide his guilt or innocence.

Sandusky and his lawyer made no comments as they exited their vehicle outside the courthouse.

Jurors are being chosen from among people who live in the State College area, where Penn State's main campus is located. That was a victory for the defense, which argued against bringing in jurors from elsewhere in the state.

The 68-year-old Sandusky faces 52 criminal counts for alleged abuse of 10 boys over 15 years. He denies the allegations.

Some of the alleged victims are expected to testify. Opening statements in the case are likely to begin Monday morning.

An hour before jury selection was set to begin, a dozen photographers awaited Sandusky's arrival while 10 television satellite trucks lined up outside the courthouse in Bellefonte, about 10 miles outside of State College.

Potential jurors began slowly filing into the front door of the courthouse around 8 a.m., some standing in a steady drizzle as they wait to get through security. One man wore a gray Penn State sweat shirt.

Sandusky's attorneys opposed bringing in an out-of-town jury.

Among the expected witnesses are several young men who contend they were abused by Sandusky. Prosecutors have claimed that Sandusky groomed boys he met through a charity he founded for at-risk youth, then attacked them, in some cases in his own home or inside university athletic facilities.

Among the challenges for jury selection are the extraordinarily heavy news coverage of the scandal and the wide reach of The Second Mile, the youth charity Sandusky founded in 1977.

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quinta-feira, 31 de maio de 2012

Roger Clemens' catchers back up pitcher at trial

 In this Feb. 13, 2008 file photo, former New York Yankees baseball pitcher Roger Clemens, left, listens to the testimony of his former personal trainer Brian McNamee, right, on Capitol Hill in Washington. The New York Times reported on its website Thursday, Aug. 19, 2010, that federal authorities have decided to indict Roger Clemens on charges of making false statements to Congress about his use of performance-enhancing drugs. Clemens and his former trainer, Brian McNamee, testified under oath at a hearing before a House committee and contradicted each other about whether Clemens had used the banned substances. In this Feb. 13, 2008 file photo, former New York Yankees baseball pitcher Roger Clemens, left, listens to the testimony of his former personal trainer Brian McNamee, right, on Capitol Hill in Washington. The New York Times reported on its website Thursday, Aug. 19, 2010, that federal authorities have decided to indict Roger Clemens on charges of making false statements to Congress about his use of performance-enhancing drugs. Clemens and his former trainer, Brian McNamee, testified under oath at a hearing before a House committee and contradicted each other about whether Clemens had used the banned substances. (AP Photo / Susan Walsh)

AP  FREDERIC J. FROMMERWASHINGTON -- Two catchers who were teammates of pitcher Roger Clemens said he played with integrity and refused to cut corners, the opposite of the image painted by prosecutors of a man who cheated to gain an edge and then lied about it to Congress.

"I don't think he'd cheat," said former journeyman catcher Charlie O'Brien, who caught Clemens' games for much of the 1997 season with the Toronto Blue Jays. O'Brien portrayed Clemens as such a stickler that he'd refuse to throw scuffed baseballs because he considered it cheating.

The former catcher testified Wednesday he once approached Clemens on the mound during a game with a scuffed ball and said, "This is a great ball to use." He said Clemens responded, "I don't need that."

O'Brien also said he had seen vitamin B12 "shots lined up ready to go" for players, a claim also made by Clemens and for which he was charged with obstructing Congress. The government maintains that Clemens concocted the B12 account as a cover for steroid injections.

During Clemens' trial, prosecutors have asked several government witnesses associated with major league teams whether they've ever seen B12 shots lined up, and all of them have said no. But O'Brien replied "Yes, sir" when defense lawyer Rusty Hardin posed that question.

Prosecutor Steven Durham quizzed him in an incredulous tone about that statement, but the burly O'Brien stuck to his story in a calm, matter-of-fact manner.

In a trial with that's had its share of dry, scientific witnesses, the two ex-catchers provided colorful relief.

O'Brien said the Blue Jays' medical services at the time were very poor and said former Blue Jays head athletic trainer Tommy Craig was a nice guy but "might have been one of the worst trainers." O'Brien also had trouble recognizing Clemens in a Blue Jays team photo and couldn't supply the proper name to the jury for the former New York Yankees pitcher known widely as El Duque. "What's his name, Roger?" O'Brien blurted out toward the defense table, but Hardin laughingly waved Clemens off before he could respond that the player was Orlando Hernandez.

The other backstop was Darrin Fletcher, Clemens' catcher with the Jays in 1998. When Hardin said good afternoon, Fletcher replied, "How we doing?" and frequently called the lawyer by his first name.

He said Clemens was a "big strong man" who set the standard for work ethic.

"Did Roger Clemens ever cut corners?" Hardin asked.

"Cut corners?" he replied with a taken-aback look and a smile. "No."

He gave up some of Clemens' trade secrets as a pitcher. Clemens, for example, would purse his lips on the mound to ask for curveballs.

"You're not making a comeback any time are you, Roger?" Fletcher said. "I'm not giving anything away, am I?" Clemens laughed.

Fletcher said it was important to make sure that batters didn't steal signs, because "the whole integrity of the game is ruined if the hitter knows what's coming."

He also testified that he didn't see Clemens at a pool party at teammate Jose Canseco's house in Florida in June of that season, but Fletcher also said he left the party around 1:30 p.m. A government witness recalled seeing Clemens at the party later in the day. One of the charges against Clemens is that he lied when he told Congress that he wasn't at the party at all.

Fletcher drew more laughter when he said it would have left an impression if he had seen Clemens.

"I've always wanted to see Roger in a bathing suit," he said, and Clemens chuckled again.

Clemens joined the Blue Jays at the age of 34 as a free agent after the Boston Red Sox did not re-sign him following the 1996 season. Boston's then-general manager, Dan Duquette, said at the time that Clemens was in the twilight of his career, but Clemens won the Cy Young Award the two next seasons for the Blue Jays.

In that second season in Toronto, Clemens met strength coach Brian McNamee, who says he injected the pitcher with steroids and HGH and testified that he had the impression the Clemens had used steroids previously. The government used its cross-examination of witnesses Wednesday to reinforce its claim that Clemens turned to performance-enhancing drugs to help his aging body recover more quickly during the physically demanding major league seasons.

The defense called Boston's assistant general manager at the time of Clemens' departure, Steven August, who testified he had recommended the team re-sign Clemens.

"I told Mr. Duquette that Roger was at the top of his game," August said. But in fact, Clemens had gone only 40-39 in his last four seasons with Boston, and had mediocre earned run averages over 4.00 in two of those years. August, who said he was good friends with Clemens, called the pitcher "extremely hardworking," and said younger players couldn't keep up with him during runs.

Amid the flood of testimonials to Clemens from defense witnesses, prosecutor Gil Guerrero at one point told August, "You understand he's not on trial for how great he was in baseball."

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sábado, 19 de maio de 2012

Jurors in Edwards trial will resume deliberations Monday

AP  MICHAEL BIESECKERGREENSBORO, N.C. -- A jury deliberated for about five hours Friday in John Edwards' campaign corruption trial involving money from wealthy donors that was used to hide his pregnant mistress during his 2008 White House bid. Talks will resume Monday, but the jury has already made several requests for evidence and office supplies, a sign they may be settling in for detailed discussions.

Jurors heard about 17 days of testimony, a lot of it focusing on the details of the lurid sex scandal between the Democratic candidate, his mistress Rielle Hunter and his once-trusted aide Andrew Young, who initially claimed he was the father of his boss's baby. But they also reviewed phone and financial records from a period of about two years.

Edwards is charged with six criminal counts including conspiracy to violate the Federal Election Campaign Act, accepting contributions that exceeded campaign finance limits, and causing his campaign to file a false financial disclosure report. He faces up to 30 years in prison and $1.5 million in fines if convicted of all charges.

Jurors asked for eight exhibits and all of the notes from a wealthy heiress who provided about half of the money at issue. They also wanted a transcript of the heiress' lawyer's testimony, but the judge told them to rely on their memory. They said they need markers and a board to write on, too.

Jurors will have to weigh whether to believe Edwards, who argued that he didn't knowingly break the law, or his aide, Andrew Young, who said Edwards recruited him to solicit secret donations in excess of the legal limit for campaign contributions, then $2,300.

The choice before them comes down to choosing which liar to believe.

Young, the prosecution's star witness, falsely claimed paternity of his boss's baby in December 2007, after tabloid reporters tracked a visibly pregnant Hunter to a doctor's appointment.

Edwards repeatedly denied having a relationship with Hunter, only to go on national television in August 2008 to admit having a brief affair with Hunter but that it was physically impossible he was the father of her baby girl. In fact, his relationship with Hunter had lasted more than a year. A recording of that interview was played for the jury last week as the prosecution rested its case.

The bulk of the alleged illegal campaign contributions flowed to Young, including $725,000 in checks from heiress Rachel "Bunny" Mellon, who is now 101 years old. Young spent some of the money to care for Hunter, but financial records introduced at the trial showed the aide siphoned off most of the money to help build his family's $1.6 million dream home near Chapel Hill.

Another $400,000 in cash, luxury hotels, private jets rides and a $20,000-a-month rental mansion in Santa Barbara, Calif., were also provided by wealthy Texas lawyer Fred Baron to help cover up the affair. Baron served as Edwards' campaign finance chairman.

Prosecutors say Edwards knew about the money and directed the cover-up, showing the jury phone records indicating he was in constant contact with Hunter and Young while they were in hiding.

The defense countered that it is Young who should be on trial, not Edwards, accusing the aide of using Edwards' name without his knowledge to bamboozle Mellon out of hundreds of thousands of dollars for his personal use. Young received immunity from prosecutors.

During closing arguments Thursday, lead defense lawyer Abbe Lowell admitted that Edwards had lied to his wife and the American people. But his client didn't violate federal campaign finance regulations, Lowell said.

"This is a case that should define the difference between a wrong and a crime ... between a sin and a felony," Lowell told the jury. "John Edwards has confessed his sins. He will serve a life sentence for those. But he has pleaded not guilty to violating the law."

The eight-man, four-woman jury includes a retired firefighter, a plumber as well as a corporate vice president and retired accountant. One juror recounted handing out pamphlets supporting Democratic President Barack Obama in 2008, while another said he had put out signs supporting Republican candidates.

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Lawyer puts Rogers Clemens accuser on trial

AP  FREDERIC J. FROMMERWASHINGTON -- Roger Clemens' lawyer jabbed his left index finger and hammered away, relentlessly attacking Brian McNamee over his personal life and accusing the government's chief witness of "making up this stuff on the fly." The attorney finally sprung his trap and pointed out what appeared to be a flaw in McNamee's story about the collection of evidence that turned up in a beer can.

McNamee's explanations: "I misspoke; I'm sorry" and "It's never been asked that way to me."

Clemens' longtime strength coach endured a fifth day Friday of questioning - he's now spent some 24 hours in the swivel chair between jury and judge in the perjury trial of the 11-time All-Star pitcher.

Clemens is charged with lying to Congress in 2008 when he said he never used steroids or human growth hormone. McNamee is the only witness who will claim firsthand knowledge of Clemens using performance-enhancing drugs, and he never wavered from that central accusation during Hardin's cross-examination.

McNamee will return to the stand Monday in a trial moving so slowly that U.S. District Judge Reggie Walton - for the first time in more than three decades on the bench - imposed time limits to speed things up: Only 90 minutes per side for witnesses after McNamee and closing arguments limited to two hours apiece.

"I just can't let this case meander on forever," the judge said.

The trial was supposed to last four to six weeks, but it's just wrapping up its fifth week - and the government said Friday it still has nine witnesses to call, down from the 14 it estimated the previous day. If the trial isn't done by June 8, Walton said he may have to call a recess for about a month because of various scheduling conflicts.

"And then we'll have some real unhappy jurors," Walton said.

Clemens' attorney Rusty Hardin spent three-plus days of cross-examination portraying McNamee as a chronic liar who frequently changes his story. Toward the end, Hardin raised numerous unsavory personal details: McNamee tampered with a dead body when he was a New York City policeman, he lied to investigators looking into a Florida incident in 2001, he had two driving-under-the-influence arrests in 2002, he got caught up in an Internet fraud investigation after ordering diet pills over the Web in 2004.

"Would you agree that you had a severe drinking problem?" was among the many accusatory questions from Hardin. McNamee answered "No, sir" to that one.

The aim was to take McNamee down little by little, and his weariness showed as he hung his head more than once. During one of many pauses in testimony, a juror reached over and handed McNamee a tissue so the witness could wipe his nose. McNamee also indicated, reluctantly, that he was hypoglycemic, thus explaining why he needed frequent breaks to elevate his low blood sugar.

But Hardin also aimed for a classic "gotcha" moment while asking McNamee about the Miller Lite beer can. McNamee says he put the needle and other waste from a 2001 steroids injection of Clemens into the can, but he also says the can contained remnants from injections related to other players.

When Hardin talked McNamee through a timeline of events dealing with the can, it became apparent that McNamee had not accounted for the actual moment at which he put the items from the other players into the can.

Hardin angrily demanded to know how materials from other players "flew" or "showed up magically" in the beer can. When prosecutors objected, the lawyer said: "Well, how did they get in there?"

"I put them in the can that night" after injecting Clemens, McNamee said.

McNamee went on to say "I misspoke; I'm sorry" when explaining the apparent gap in the story. When Hardin asked whether McNamee ever told government investigators that he put the other players' material in the beer can that night, McNamee said: "It's never been asked that way before."

"Isn't this," concluded Hardin, "a classic example of you making up this stuff on the fly?"

Even though McNamee never backed down from his core testimony that he injected Clemens with performance-enhancing drugs from 1998 to 2001, but prosecutors have their work cut out for them as they try to rebuild their key witness in front of the jury. The judge said he would allow only 90 minutes of follow-up questioning from prosecutors, and they used up 20 minutes of that allotment before court adjourned for the weekend.

To bolster McNamee's credibility, the government hopes to win an argument to include previously barred evidence that shows McNamee supplied drugs to other players who have since acknowledged that they were users. Hardin claimed that would open up a "bunch of minitrials" over each player associated with McNamee and could extend the trial for months.

The judge said he will rule on the matter Monday morning.

Late Friday afternoon, the House Oversight and Government Reform Committee and its chairman, Rep. Darrell Issa, filed a motion to quash Clemens' subpoenas for Issa's testimony and committee documents. That committee held the hearing that Clemens testified before in 2008; Issa, a California Republican, was not chairman at the time.

The motion argues that the subpoenas are barred by the Constitution's speech or debate clause, which protects elected officials from being questioned in a lawsuit about their legislative work.

"In particular, the subpoena to Chairman Issa should be quashed because high-ranking government officials may not be compelled to testify absent extraordinary circumstances, including that the official is uniquely able to offer that testimony, unlike here," the House general counsel's office said in its motion.

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Associated Press writer Frederic J. Frommer contributed to this report.

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quinta-feira, 10 de maio de 2012

Prosecution to rest case in John Edwards trial

See it on TV? Check here. AP  MICHAEL BIESECKERGREENSBORO, N.C. -- Prosecutors expect to rest their case against John Edwards without calling the former presidential candidate's mistress to the witness stand.

Lead prosecutor David Harbach said in court Wednesday the government expects to finish presenting evidence Thursday with testimony from three federal agents who investigated Edwards. If so, the prosecution will not call Rielle Hunter, the woman whose affair with the married Democrat left him facing six criminal counts related to campaign finance violations.

Defense lawyers also listed Hunter, who has an immunity agreement with the government, as a potential witness. They could still call her to the stand next week.

Prosecutors say Edwards masterminded a plan to use secret payments from two wealthy donors to hide his pregnant mistress during his 2008 campaign. Edwards has pleaded not guilty.

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quarta-feira, 9 de maio de 2012

Roger Clemens trial slows to crawl

See it on TV? Check here. In this Feb. 13, 2008 file photo, former New York Yankees baseball pitcher Roger Clemens, left, listens to the testimony of his former personal trainer Brian McNamee, right, on Capitol Hill in Washington. The New York Times reported on its website Thursday, Aug. 19, 2010, that federal authorities have decided to indict Roger Clemens on charges of making false statements to Congress about his use of performance-enhancing drugs. Clemens and his former trainer, Brian McNamee, testified under oath at a hearing before a House committee and contradicted each other about whether Clemens had used the banned substances. In this Feb. 13, 2008 file photo, former New York Yankees baseball pitcher Roger Clemens, left, listens to the testimony of his former personal trainer Brian McNamee, right, on Capitol Hill in Washington. The New York Times reported on its website Thursday, Aug. 19, 2010, that federal authorities have decided to indict Roger Clemens on charges of making false statements to Congress about his use of performance-enhancing drugs. Clemens and his former trainer, Brian McNamee, testified under oath at a hearing before a House committee and contradicted each other about whether Clemens had used the banned substances. (AP Photo / Susan Walsh)

AP  by JOSEPH WHITEWASHINGTON -- Scolded by the judge for putting on a slow and "boring" trial, prosecutors in the Roger Clemens case livened things up by introducing a convicted drug dealer who talked way too fast.

Kirk Radomski, the former New York Mets batboy who provided drugs to dozens of major league baseball players, took the stand Tuesday and described a shipment of human growth hormone he sent to Clemens' house about a decade ago.

Radomski showed the jury an old, torn shipping label he found under his television set in his bedroom in June 2008. Federal agents had failed to find the label when they searched his home three years earlier - because they apparently didn't look under what Radomski called his huge, old-model "dinosaur of a TV."

The label was addressed to Brian McNamee, Clemens' former strength coach, at Clemens' home address in Texas. Radomski said the shipment was for two kits of HGH - "about 50-100 needles" - that he estimated occurred in 2002.

McNamee has said he injected Clemens with HGH and steroids. Clemens denied to Congress in 2008 that he took either drug, which led to the perjury charges against him. The first attempt to try the 11-time All-Star pitcher last year ended in a mistrial.

The defense is expected to emphasize that the label lists McNamee, instead of Clemens, as the recipient. McNamee would often stay at Clemens' house during training sessions.

On a relatively busy day at the trial, U.S. District Judge Reggie Walton also ruled that the government could not introduce Clemens' contract with the Boston Red Sox as evidence that he was motivated by money to extend his career. The jury heard from five witnesses - more than have appeared in the rest of the trial combined.

None riveted the jury like Radomski, easily the most entertaining witness so far. Only hours earlier, Walton began the day saying how bored the jurors had become as the trial trudged through its fourth week.

Swiveling in the witness chair, Radomski spoke so energetically and in such extraordinary detail in his pronounced Bronx accent that the court reporter repeatedly had to tell him to slow down. He described how he started using steroids and HGH himself some 20 years ago, then starting selling them. One of his customers was McNamee.

Radomski called himself a "health nut" despite his past association with performance-enhancing drugs. He stumbled over pronunciations and spellings, at one point saying: "Hey, I'm from the Bronx. I'm not a scholar." He boldly suggested the judge get an "orthopedic chair" to deal with recurring back problems.

He stood and unbuttoned his coat to show the jury where on the body he would perform injections. He described the sizes of needles used for various injections. He said pitchers take performance-enhancing drugs for strength and endurance, not to bulk up their muscles. He knocked on the witness stand to describe the "knock at the door" he received when feds arrived to search his house in 2005.

Radomski cooperated with investigators and pleaded guilty to money laundering and distribution of a controlled substance in 2007.

Even Clemens, who has been watching calmly from the defense table and taking notes, was more animated. He tapped his fingers a lot, stared more intently and rubbed his hair.

Radomski will return to the stand Wednesday.

Earlier in the day, Walton turned down the government's attempt to display Clemens' Red Sox contract. The judge said showing the multimillion-dollar salaries to a jury that knows little about baseball could be prejudicial against Clemens because some people think professional athletes make an "obscene" amount of money.

"I just think we don't put someone on trial for the amount of money they make," Walton said.

The judge was in a stern mood all day, from the moment he first took his seat to give a tongue-lashing to both sets of lawyers. This trial was supposed to last four to six weeks, but it is now Week 4 - thanks to a lengthy jury selection, breaks scheduled around the judge's and jurors' schedules, acrimonious debates among the lawyers that frequently disrupt testimony and the plodding pace set by prosecutors who, for example, decided Tuesday that the jurors needed to see four generic exterior photos of the Toronto Blue Jays stadium.

The government has said it doesn't expect to call its key witness, McNamee, until next week.

"Those folk are fed up because they see their time being wasted!" Walton, his voice rising, said before the jury entered the room.

The pace has been so slow and so scattershot that one of the jurors is apparently having trouble understanding what it is actually about. Walton said a juror asked the judge's law clerk if the judge would advise what the charges are, an indication of how "far afield" the proceedings had wandered.

"When you create a boring environment which is being created in this case, it precipitates jurors to talk about the case," Walton said. "They are bored."

When jurors entered the room, Walton scolded them too, but more gently. He reminded them not to have any discussions about the case until it's time for deliberations.

The first witness was John Longmire of the FBI, who was back for a second day and wrapped up his testimony quickly. He was followed by three men who have worked with Clemens as athletic trainers: Charlie Moss and Jim Rowe from Clemens' years with the Boston Red Sox, and Tommy Craig from Clemens' stint with the Blue Jays.

Moss, Rowe and Craig testified that team employees such as strength and conditioning coaches would not be authorized to give players shots of B12 or of lidocaine, a common local anesthetic. Clemens has said he received B12 and lidocaine shots from McNamee when McNamee was the strength and conditioning coach for the Blue Jays in 1998.

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Associated Press writer Frederic J. Frommer contributed to this report.

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Obama staffer to take stand at John Edwards trial

AP  MICHAEL BIESECKERGREENSBORO, N.C. -- A former campaign spokeswoman for John Edwards will testify about a 2007 argument where the presidential candidate's wife confronted donors about support for her husband's pregnant mistress.

Jennifer Palmieri is expected to testify at Edwards' corruption trial Wednesday that she was in an Iowa hotel room in October 2007 when Elizabeth Edwards confronted campaign finance chairman Fred Baron and his wife about the couple's financial help to Rielle Hunter. John Edwards was also there.

According to Palmieri, Baron tried to calm Edwards' angry wife by saying Hunter was a "loose cannon" who had to be kept happy, lest she go to the press.

Palmieri is now the deputy communications director for President Barack Obama.

Edwards has pleaded not guilty to six criminal counts related to campaign finance violations.

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sexta-feira, 4 de maio de 2012

Trial resuming for alleged 9/11 mastermind at Gitmo

In a file photo Khalid Sheikh Mohammed, the alleged Sept. 11 mastermind, is seen shortly after his capture during a raid in Pakistan Saturday March 1, 2003, in this photo obtained by the Associated Press. In his book Pakistans President Gen. Pervez Musharraf wrote that Mohammed was behind the July 7, 2005, London subway bombings and plans to attack Heathrow airport with hijacked passenger planes. (AP Photo) In a file photo Khalid Sheikh Mohammed, the alleged Sept. 11 mastermind, is seen shortly after his capture during a raid in Pakistan Saturday March 1, 2003, in this photo obtained by the Associated Press. In his book Pakistan's President Gen. Pervez Musharraf wrote that Mohammed was behind the July 7, 2005, London subway bombings and plans to attack Heathrow airport with hijacked passenger planes. (AP Photo) (AP Photo / (AP Photo))

AP  BEN FOXANDREWS AIR FORCE BASE, Maryland -- Five men accused of orchestrating the Sept. 11 attacks, including the self-proclaimed mastermind, are headed back to a military tribunal at Guantanamo Bay on Saturday, more than three years after President Barack Obama put the case on hold in a failed effort to move the proceedings to a civilian court and close the prison at the U.S. base in Cuba.

This time the defendants may put up a fight.

Khalid Sheikh Mohammed, who told military authorities that he was responsible for the planning of the terror assault "from A to Z," previously mocked the tribunal and said he would welcome the death penalty. His co-defendant, Ramzi Binalshibh, told the court that he was proud of the attacks.

But Jim Harrington, the civilian lawyer for Binalshibh, said the defendants are expected to fight the charges against them, which include murder and terrorism and carry a potential death penalty.

"He has no intention of pleading guilty," Harrington said. "I don't think anyone is going to plead guilty." Harrington declined to say what would be the basis of his defense and lawyers for Mohammed did not respond to messages seeking comment.

The men never entered formal pleas in previous hearings, but Mohammed told the court that he would confess to planning the attacks and hoped to be a "martyr." He dismissed the military justice system, saying, "After torturing, they transferred us to inquisition land in Guantanamo."

Now after three years in which the tribunals known as military commissions have been reformed by Congress and the president, they've had time to reconsider their defense.

"I'm not sure they really understood the ramifications of it at that time," Harrington said.

The arraignment Saturday, before an audience that includes a handful of people who lost family members in the Sept. 11 attacks as well as journalists and human rights observers, will be followed by a hearing on a series of defense motions that challenge the charges and the extreme secrecy rules imposed to prevent the release of information about U.S. counterterrorism methods and strategy. The start of their actual trial is at least a year away.

The five defendants are held in a section of Guantanamo that is under such tight security even its exact location on the base is classified, a prison-within-a-prison known as Camp 7. They have not been seen in public since the day after Obama's inauguration, when the commission held a hearing to continue their case.

New rules adopted by Congress and Obama forbid the use of testimony obtained through cruel treatment or torture. The defendants were held at secret CIA prisons overseas where they were subjected to what the government called "enhanced interrogation techniques." Mohammed was waterboarded 183 times, officials have said.

Critics such as Kenneth Roth, executive director of Human Rights Watch and a former federal prosecutor, say coerced testimony from witnesses is still admissible, even if it isn't from defendants, and the case would be better off in civilian court instead of being heard by a judge and jury panel picked by the Pentagon.

"There still are major problems in terms of whether the trial will be fair and, more important, will they be perceived as fair," Roth said.

The government has also pledged to make the proceedings more transparent, broadcasting hearings to several U.S. military bases in the Northeast so the families of Sept. 11 victims can monitor the trial without making the trek to Guantanamo.

News cameras, however, are still not permitted inside the courtroom, where the media and other observers are kept behind double-paned, soundproof glass. Lawyers for the defendants had opposed the government's plan to show the hearings by closed-circuit TV to bases in the U.S., arguing that they should be broadcast to everyone.

"We believe that the world needs to see what's happening," said Cheryl Bormann, a civilian attorney appointed to represent defendant Walid bin 'Attash.

Prisoners now have access, at government expense, to civilian defense attorneys who specialize in complex death penalty cases. But human rights groups and defense lawyers still condemn the proceedings as flawed and fundamentally unfair.

Lawyers appointed to represent the men say they face hurdles they would never encounter in a civilian court, including strict limits on what they can say about their clients, whose every utterance is treated as presumptively classified. Courtroom proceedings are subject to a 45-second delay so censors can prevent the inadvertent disclosure of government secrets, a system that critics say is intended merely to prevent anyone from learning details about the men's treatment.

"All I can do is try and protect my client's rights to every extent I can and try and hold the government to their burden to provide a fair and transparent justice system and to actually mean it," Bormann said.

Mohammed and his co-defendants were first arraigned on the U.S. base in Cuba in June 2008. The case quickly bogged down in pretrial motions and was put on hold as Obama sought to move the case to the federal court in New York.

But members of Congress balked and blocked the administration from transferring prisoners from the base to the mainland. That prevented the closure of the prison, where the U.S. still holds 169 prisoners.

One of the biggest differences between the previous hearing and this hearing is that there is no doubt that they will be tried by a military tribunal.

"There is a consensus now ... that military commissions have a narrow but critical role in our counterterrorism and justice system," said Brig. Gen. Mark Martins, a Harvard Law School classmate of Obama's who was appointed chief prosecutor last year.

Mohammed, a Pakistani citizen who grew up in Kuwait and attended college in Greensboro, North Carolina, confessed to military authorities that he planned or carried out about 30 plots around the world. He admitted personally killing Wall Street Journal reporter Daniel Pearl and said he conceived the plot to blow up a trans-Atlantic flight by would-be shoe-bomber Richard Reid in 2001. Mohammed was captured in 2003 in Pakistan.

His four co-defendants are accused of support roles in the Sept. 11 attacks: Binalshibh, a Yemeni, was allegedly chosen to be a hijacker but couldn't get a U.S. visa and ended up providing assistance such as finding flight schools; Waleed bin Attash, also from Yemen, allegedly ran an al-Qaida training camp in Afghanistan and researched flight simulators and timetables; Mustafa Ahmad al-Hawsawi, a Saudi accused of helping the hijackers with money, Western clothing, traveler's checks and credit cards; Ali Abd al-Aziz Ali, a Pakistani national and nephew of KSM, allegedly provided money to the hijackers.

All five face charges that include 2,976 counts of murder, one for each person killed in the Sept. 11 plot that sent hijacked commercial airliners slamming into New York's World Trade Center, the Pentagon and a field in Shanksville, Pennsylvania.

Human rights groups and many members of the legal community say the reforms have not gone far enough and the only legitimate way to prosecute Mohammed is in a civilian court, not a commission with a jury of Pentagon-appointed military officers and an Army colonel for a judge.

Roth, who will be part of a human rights contingent observing Saturday's arraignment at Guantanamo, said the prosecution can work around the ban on coerced testimony, perhaps even unwittingly, by introducing classified summaries of intelligence to support their case.

Even with the changes, the defense lawyers say the commissions are anything but fair. They complain that their mail is improperly reviewed by the military, interfering with attorney-client privilege, that they aren't given enough resources to investigate cases the government spent years building, that too many hearings are still held in secret and that they are barred from disclosing anything their clients tell them.

"You can take a $5 mule and put a $10,000 saddle on it and call it reformed," said Navy Cmdr. Walter Ruiz, a military lawyer for Saudi defendant al-Hawsawi. "You still have a $5 mule; it just has a fancy saddle."

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Interior designer to testify again at John Edwards trial

See it on TV? Check here.AP  MICHAEL BIESECKERGREENSBORO, N.C. -- An interior designer who funneled secret checks from a wealthy heiress to a fundraiser for John Edwards will retake the witness stand at the Democrat's corruption trial.

Bryan Huffman testified Thursday that he received $725,000 in checks from his friend Rachel "Bunny" Mellon and forwarded them to Andrew Young, a fundraiser for Edwards' 2008 presidential campaign. Federal law then limited campaign contributions to $2,300.

Young testified last week that he took some of the money, along with unreported cash from another donor, and used it to help hide Edwards' pregnant mistress from the media. Edwards denies knowing about the payments and has pleaded not guilty to six counts related to campaign finance violations.

Next to testify could be Mellon family lawyer Alex Forger, who confronted Edwards about the money.

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quinta-feira, 3 de maio de 2012

Former Edwards aide retaking stand at boss's trial

See it on TV? Check here.AP  MICHAEL BIESECKERGREENSBORO, N.C. -- A former aide, body man and scheduler for John Edwards who was with the former presidential candidate when he met one of his wealthy donors is taking the stand for a second day at Edwards' trial over possible campaign finance violations.

Matthew Nelson began his testimony Wednesday, the latest in a series of former aides subpoenaed by prosecutors. Nelson worked in several jobs for Edwards and testified he was present at several key events, including the first time Edwards met Rachel "Bunny" Mellon, the heiress who provided most of the secret payments at issue in the case.

Edwards has pleaded not guilty to six counts related to campaign finance violations over nearly $1 million from two supporters used to help hide his pregnant mistress as he sought the White House in 2008.

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terça-feira, 1 de maio de 2012

Government looking for leeway in Roger Clemens trial

See it on TV? Check here. In this Feb. 13, 2008 file photo, former New York Yankees baseball pitcher Roger Clemens, left, listens to the testimony of his former personal trainer Brian McNamee, right, on Capitol Hill in Washington. The New York Times reported on its website Thursday, Aug. 19, 2010, that federal authorities have decided to indict Roger Clemens on charges of making false statements to Congress about his use of performance-enhancing drugs. Clemens and his former trainer, Brian McNamee, testified under oath at a hearing before a House committee and contradicted each other about whether Clemens had used the banned substances. In this Feb. 13, 2008 file photo, former New York Yankees baseball pitcher Roger Clemens, left, listens to the testimony of his former personal trainer Brian McNamee, right, on Capitol Hill in Washington. The New York Times reported on its website Thursday, Aug. 19, 2010, that federal authorities have decided to indict Roger Clemens on charges of making false statements to Congress about his use of performance-enhancing drugs. Clemens and his former trainer, Brian McNamee, testified under oath at a hearing before a House committee and contradicted each other about whether Clemens had used the banned substances. (AP Photo / Susan Walsh)

AP  FREDERIC J. FROMMERWASHINGTON -- The judge in the Roger Clemens perjury trial may be on the verge of letting the government show the former pitcher's jury just how widespread steroids and human growth hormone were in the sport. It's a move Clemens' lawyers would like to avoid but may have brought on themselves.

U.S. District Judge Reggie Walton said Monday that if the Clemens defense team continues its attack on a 2008 congressional hearing in which Clemens is alleged to have lied, government prosecutors should be allowed to present a "larger picture" of why the hearing took place.

Walton asked the government to show him the kind of information it wants to present. A prosecutor gave a hint at the end of Monday's session - with the jury out of the room - dropping the names of admitted drug users among major league players, such as Chuck Knoblauch and Jose Canseco. The defense fears this could taint Clemens with guilt-by-association.

Prosecutors said it's a necessary rebuttal to questions raised by Clemens' lawyer about the motive for the hearing.

"They can't have their cake and eat it, too," prosecutor Steven Durham said. "This simply isn't fair."

Clemens is on trial for allegedly lying in a 2008 congressional deposition and hearing when he said he never used steroids or HGH.

Clemens' lawyer Rusty Hardin opened up the possibility of a wider trial into steroid use with his questioning of the government's first witness, Phil Barnett. He was majority staff director for the House Oversight and Government Reform Committee when that panel held the 2008 hearing. Barnett said the hearing was a legitimate use of congressional power because it could have led to legislation.

How, Hardin asked in an incredulous tone, could asking Clemens whether he ever discussed HGH with strength coach Brian McNamee possibly lead to legislation?

After the government objected, Walton said he'd allow that line of questioning, but cautioned Hardin that he was opening the door to the wider government case.

That was one of a barrage of no fewer than 16 objections from the government. Walton handled some of them quickly, but on others he either cleared the jury from the room, or put on a sound machine to block jurors from hearing, while he huddled with lawyers from both sides. During one of those breaks, two of the jurors could be seen with their eyes closed.

Prosecutors used Barnett to try to establish that Congress was within its bounds in holding the hearing two months after Clemens was named in a 2007 report to the Commissioner of Baseball on drug use in the sport. The government has maintained that it was important for Congress to learn whether the report was accurate, in part because of concerns about steroids and HGH as a public health issue.

Hardin complained that the congressional hearing was "nothing more than a show trial." Determining whether Clemens was telling the truth when he denied the report's claims, he said, "is not a legitimate role for Congress."

Hardin raised the issue of whether Clemens' testimony at the hearing was truly voluntary - suggesting that Clemens might have been subpoenaed had he not agreed to appear. But Barnett wouldn't concede that the pitcher would have been subpoenaed had he declined the committee's invitation; he said such a move was not automatic.

With Barnett on the stand, the government played portions of Clemens' televised testimony at the February 2008 hearing as well as an audiotape of the deposition that preceded it.

"Let me be clear: I have never used steroids or HGH," Clemens said confidently in the videotape of the hearing.

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AP Sports Writer Joseph White contributed to this report.

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sexta-feira, 23 de dezembro de 2011

John Edwards asks to delay trial, citing illness

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AP  Eyewitness NewsRALEIGH, North Carolina -- Former presidential candidate John Edwards says he has been diagnosed with a medical condition that would make it difficult for him to attend his approaching criminal trial over campaign finances and is asking for it to be delayed.

In a motion filed Thursday, Edwards' lawyers asked a federal judge to delay the start of the Jan. 30 trial for at least two months. They did not disclose his illness and filed sealed records with the court.

"The Defendant has a medical issue ... that will prevent a trial of this matter during the January 2012 Criminal Term," the motion says. "The failure to grant a continuance would be likely to result in a miscarriage of justice."

Members of the defense team could not immediately be reached for comment.

Federal prosecutors filed a separate motion opposing the delay, saying they are ready to try Edwards on six felony and misdemeanor counts related to nearly $1 million from wealthy donors used to help hide his pregnant mistress during his 2008 run for the While House.

Edwards, a Democrat, denies knowingly violating the law and has pleaded not guilty.

The start date of the trial has already been put back once after Edwards said he needed more time to prepare his defense and attend his daughter's wedding.

Edwards appeared healthy last week at a pretrial hearing in the case.

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sábado, 2 de julho de 2011

Testimony ends in Anthony trial, closings next

AP  By KYLE HIGHTOWERORLANDO, Fla. -- Prosecutors in the Casey Anthony murder trial called witnesses Friday to bolster their contention that the woman's mother couldn't have been home to perform Internet searches for a harmful chemical.

Testimony by two of Cindy Anthony's co-workers - among the last of the trial - was intended to disprove her surprising assertion this week that she was the one who keyed in searches for the term "chloroform." Prosecutors have argued that Casey Anthony made the searches as she plotted to kill her 2-year-old daughter in 2008.

Prosecutors used parts of Friday and the previous day to give their rebuttal to the defense's case. Closing arguments are expected to take place Sunday, after which jury deliberations will begin.

Gentiva Health Services Chief Compliance Officer John Camperlengo answered questions about Cindy Anthony's work history on two days in March 2008 when the "chloroform" searches were done on a computer at the Anthony household. The company's electronic records show that she was logged into her company's system for most of the day on both March 17 and March 21.

Using the latter date as an example, Camperlengo said the system would not have recorded Anthony's presence if a person hadn't been actively using the work computer.

"Someone human was pushing the enter button to enter data," he said Friday.

Cindy Anthony's supervisor at Gentiva, Deborah Polisano, also testified that electronic work records show that Cindy Anthony was on the clock for 10 hours on March 17 and nine hours on March 21.

Earlier this week, Cindy Anthony testified that she had performed the Internet searches for "chloroform" while looking up information on chlorophyll, a green pigment found in plants.

Chloroform, on the other hand, is a chemical that can be used as a sedative and is fatal to children in small doses.

She testified that she was home on the days when the computer searches were run. She said she could leave work when she wanted, and that the work records might not have reflected her absence.

Casey Anthony is charged with first-degree murder in the 2008 death of her 2-year-old daughter, Caylee. If convicted of that charge, she could face the death penalty. The prosecution contends she used duct tape to suffocate the toddler, while the defense says the girl accidentally drowned in her grandparents' above-ground swimming pool.

Also Friday, forensic anthropologist Michael Warren was called back to dispute a defense expert's claim that the medical examiner made a mistake by failing to saw open Caylee's skull to examine it.

The defense has tried to cast doubt on the forensic evidence in the trial.

"No sir, there is no protocol that I'm aware of to do that," Warren said.

Both sides have Saturday off to settle on final instructions for the jury, and prepare their closing arguments.

Earlier Friday, lead defense attorney Jose Baez said prosecutors had failed to disclose all the information a computer expert and forensic anthropologist planned to testify about. Baez wanted the evidence and witnesses to be excluded, but Perry only gave him the option of taking their depositions.

He did, causing an unscheduled recess that lasted throughout the morning.

"Your honor, I will stay here and do the work, and stay here as long as it takes," Baez said.

While the defense rested Thursday, experts said defense attorneys may have left lingering questions and failed to deliver on promises they made at the outset to explain how the toddler died.

Casey Anthony did not take the stand, and the defense did not present concrete evidence that Caylee accidentally drowned.

Her attorneys also never produced any witnesses bolstering the claim made in opening statements that Anthony had acted without apparent remorse in the weeks after her daughter's death because she had been molested by her father as a child, resulting in emotional problems.

The prosecutors' case relied on circumstantial and forensic evidence, and it did have holes. They had no witnesses who saw the killing or saw Casey Anthony with her daughter's body. And there was no certain proof that the child suffocated.

The defense said in its opening statement that Caylee drowned and that her grandfather George Anthony, a former police officer, helped cover up the death by making it look like a homicide and dumping the body near their home, where it was found by a meter reader six months later. George Anthony has vehemently denied any involvement in Caylee's death, the disposal of her body or molesting his daughter, Casey.

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domingo, 19 de junho de 2011

Witness in Knox trial says he can clear her

AP  By ALESSANDRA RIZZOPERUGIA, Italy -- A convicted child murderer testified Saturday at the appeals trial of Amanda Knox, saying that a fellow inmate had told him the American student had nothing to do with the killing of her roommate in Italy.

Mario Alessi, who is serving a life sentence for one of Italy's most shocking crimes, the kidnap-murder of an Italian toddler snatched from his home, was called by defense lawyers as a witness.

He was one of five witnesses heard Saturday, also including a police informant who testified from behind a cover and a Neapolitan mobster with a flamboyant attitude.

Knox was convicted of sexually assaulting and murdering British student Meredith Kercher in the house the two shared in Perugia, and sentenced to 26 years in prison. Her co-defendant and ex-boyfriend, Raffaele Sollecito of Italy, was also convicted and sentenced to 25 years. Knox and Sollecito, who both attended Saturday's session, deny wrongdoing and are appealing their convictions.

Rudy Hermann Guede, an Ivorian, was convicted in a separate proceeding. His conviction has been confirmed by Italy's highest criminal court. Guede also denies wrongdoing, but admitted being in Knox's and Kercher's apartment the night of the murder on Nov. 1, 2007.

Alessi is being held in the same prison as Guede. He testified that the Ivorian told him that Knox and Sollecito are innocent, speaking in prison conversations in November 2009. That was about a month before Knox and Sollecito were convicted in the first trial and while Guede had already been convicted and was appealing.

Alessi said Guede approached him during recreation time at the Viterbo prison. "Rudy links arms with me, inviting me to take a walk with him, he has something important to tell me," Alessi testified. He quoted Guede as saying he was worried because "I don't know whether to tell the truth or not," and that the truth "is altogether different from what you hear on TV."

Alessi was called to testify by Sollecito's defense.

Guede has denied speaking to Alessi about the case, and he will be heard at the next hearing on June 27 as a witness for the prosecution to counter Alessi's claim. Guede is currently serving a 16-year prison sentence.

According to Alessi, Guede said he and a friend went over to the house with the intent of having three-way sex with Kercher, who was 21. When she refused, the scene turned violent. Alessi said Guede told him he had gone to the bathroom and upon coming back he had seen his friend holding Kercher to the ground.

Eventually, "a knife appeared, almost out of nowhere," Alessi said, quoting Guede as saying that it was pointed at Kercher's throat. As she was fighting, she got her throat slit, Alessi claimed. Guede tried to rescue her, Alessi said, but his friend stopped him, saying "We've got to finish her, otherwise we'll rot in jail."

Guede did not reveal the identity of his alleged accomplice, according to the witness. Alessi said he and Guede had developed a friendship in prison but eventually Alessi broke it off as he realized that Guede "said two innocent people were in jail" but did nothing about it. Alessi then contacted the lawyers representing Sollecito.

Alessi, a bricklayer, was convicted of the murder of the murder of 18-month-old Tommaso Onofri several years ago.

Francesco Maresca, a lawyer for the Kercher family, tried to cast doubt on Alessi's credibility, recounting his criminal record, then showing a picture of Onofri and asking Alessi if he knew him.

"We do," Maresca said, when Alessi muttered "No."

Three more witnesses were called to back up Alessi's testimony, including police informant Marco Castelluccio, who took the stand behind a blue cover, guards around him.

They mostly said they had heard the story in prison chatter from Alessi and for the most part confirmed his version.

The fifth witness, Luciano Aviello, told a completely different story, saying that his brother and an accomplice had killed Kercher.

Aviello, a mobster who has been convicted of several crimes including defamation, was called up by Knox's defense team to raise doubt on her involvement. He said he was at his home in Perugia the night of the murder when his brother showed up, his jacket ripped and his arm bleeding. "He was very emotional," Aviello said of his brother. "I took care of his wounds, and tried to calm him down."

Aviello said his brother, currently a fugitive from justice, was on a "job" robbing a house with an Albanian friend. They got the wrong address and found themselves in the house where Kercher and Knox lived, finding the Briton alone. They started sexually attacking her and then killed her, according to Aviello's version.

Speaking in a thick Neapolitan accent and gesticulating profusely, Aviello at one point was so agitated he had to be calmed down by police standing guard next to him.

"Aviello was funny," Knox's stepfather Chris Mellas said.

"Today was one of the most bizarre hearings."

Mellas said Alessi's testimony was straightforward, and that "the fact that multiple people are corroborating the story lends a certain degree of credence to it."

Maresca, the lawyer representing the Kerchers, disagreed, saying the hearing today was a "farce."

"We heard from people serving life sentences, convicts, proven liars," Maresca said. "Aviello has been convicted repeatedly for defamation."

"Alessi is totally unreliable. Just how he invented the story we heard today, he made it up for his fellow inmates."

Much of the appeals trial hinges on a review of DNA evidence.

The court-ordered review is being carried out by two independent experts and will be concluded by the end of the month.

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domingo, 5 de junho de 2011

Forensic expert testifies in Anthony murder trial

AP  By KYLE HIGHTOWERORLANDO, Fla. -- An FBI forensic expert testified Saturday in Casey Anthony's murder trial that a hair removed from the woman's car showed signs consistent with hair from a dead body.

Anthony is charged with first-degree murder in the death of her 2-year-old daughter, Caylee.

The single, 9-inch strand of light brown hair was the only hair of several collected by investigators to show signs of decomposition, Karen Korsberg Lowe told jurors.

Lowe, who specializes in microscopic hair examinations, described a dark banding seen on hairs from people known to be dead. She said the hair sample she examined showed this banding.

"It has a darkened band at the root portion of the hair. This is consistent with apparent decomposition," Lowe said.

The hair was similar to one pulled from Caylee's hair brush and was not similar to a hair sample from Anthony, she said.

Before Lowe took the stand Saturday, Anthony's attorney, Jose Baez, challenged her qualifications and tried to block her testimony.

Under cross-examination from Baez, Lowe said it was not unusual to find hairs in cars, as the average person loses 100 head hairs a day, and people can transfer hairs to other people.

"I couldn't say how the hair got there," Lowe said. "It's consistent with transfer or contact of some sort, but I don't know from whom."

When questioned again by prosecutor Jeff Ashton, Lowe said the hair showed characteristics of one that had been forcibly pulled.

Lowe was the first of two witnesses called Saturday.

Mike Vincent, an assistant supervisor with the Orange County Sheriff's Office crime scene unit, explained how he collected air samples and a stain from Anthony's car in 2008.

Another crime scene investigator testified Friday that he smelled the odor of human composition when he first opened the door to examine Anthony's car days after her initial arrest in July 2008. Caylee's skeletal remains were found in a wooded area near her grandparents' Orlando home in December 2008.

Anthony, 25, faces the death penalty if convicted.

Prosecutors say Caylee suffocated after duct tape was placed over her mouth. They contend that Caylee's decomposing remains were at some point in the trunk of Anthony's car.

Anthony's attorney says that the child accidentally drowned in the family's pool, and that Anthony's father, George Anthony, disposed of her body. George Anthony has denied that allegation.

Testimony will continue Monday.

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