Showing posts with label Judge. Show all posts
Showing posts with label Judge. Show all posts

Monday, May 10, 2010

National Day of Prayer goes on despite ruling

Washington (News Today) - The 59th annual National Day of Prayer was held Thursday against a backdrop of controversy and growing doubts about the future of the event, which a federal judge recently declared unconstitutional.

President Truman signed a bill establishing an official National Day of Prayer in 1952, but U.S. District Judge Barbara Crabb in Wisconsin ruled April 15 that the law violates the ban on government-backed religion.

The Justice Department is appealing the case on behalf of the White House. An injunction against the National Day of Prayer will not take effect until all government appeals have been exhausted.

Several events to mark the day were scheduled Thursday across Washington, including services at the Pentagon, the Cannon House Office Building and on the steps of the Capitol.

"America was birthed in prayer and founded on the God of the Bible, on his biblical principles and on his moral values," Day of Prayer organizer Shirley Dobson said.

Dobson blamed the controversy on a "small band of self-proclaimed atheists and agnostics" determined to "take down this magnificent day."

Dobson is married to Focus on the Family founder James Dobson -- a popular evangelical broadcaster and one of the country's most powerful conservative Christian leaders.

The Rev. Franklin Graham, addressing one of the events near Capitol Hill, bemoaned what he characterized as a decay in moral values across America.

The evangelist highlighted the removal of classroom prayer from public schools, arguing that many "young people today don't understand what's right or wrong."

The Army recently rescinded its invitation to Graham to participate in the Pentagon's Day of Prayer event after he made controversial remarks about Islam.

"True Islam cannot be practiced in this country," he told CNN's Campbell Brown in December. "You can't beat your wife. You cannot murder your children if you think they've committed adultery or something like that, which they do practice in these other countries."

Shortly after the September 11, 2001, attacks, Graham -- son of famed evangelist Billy Graham -- called Islam a "very evil and wicked religion."

President Obama issued his proclamation for this year's observance less than three weeks after Crabb's ruling that the event was unconstitutional, but he had no plans to take part in any specific events.

"I call upon the citizens of our nation to pray, or otherwise give thanks, in accordance with their own faiths and consciences, for our many freedoms and blessings, and I invite all people of faith to join me in asking for God's continued guidance, grace, and protection as we meet the challenges before us," Obama said in his official proclamation.

The administration toned down White House participation in the observance last year, deciding against holding a public ceremony.

During George W. Bush's administration, the White House hosted an interfaith service each year, inviting Protestant, Catholic and Jewish leaders for an event at the East Room. Presidents Reagan and George H.W. Bush also marked the day with a White House observance.

In ruling that the National Day of Prayer is unconstitutional, Crabb wrote its "sole purpose is to encourage all citizens to engage in prayer, an inherently religious exercise that serves no secular function. ... In this instance, the government has taken sides on a matter that must be left to individual conscience."

Source : CNN

Saturday, May 8, 2010

Judge allows bail for militia suspects

(News Terupdate) - Nine people who federal prosecutors say belong to a "Christian warrior" militia can be released on bail until the criminal charges against them are resolved, a judge has ruled.

A federal grand jury has indicted the nine on charges of seditious conspiracy, attempted use of weapons of mass destruction, teaching the use of explosive materials and possessing a firearm during a crime of violence.

The government appealed the decision Monday afternoon and filed a motion to stay the order.

U.S. District Judge Victoria Roberts in Detroit, Michigan, ruled that the nine, members of a group called Hutaree, can be released but will be confined to their homes and will be electronically monitored. Some of the nine are prohibited from using the internet.

The defendants will also be required to surrender all weapons and gun permits they hold, court documents show.

They will be expected to either seek or maintain employment while they await their trial, and they are restricted from consuming alcohol and drugs. They must also surrender their passports.

The government failed to convince the court that the nine presented a danger to the community or were flight risks, the court order states.

The judge considered the seriousness of the alleged offenses and the evidence that the government held in making her decision.

Some of the evidence that the government has against the Hutaree members includes a video of a U.N. flag being burned as a Hutaree flag is raised and a speech given by one of the members about reclaiming America.

The government also presented transcripts of conversations among Hutaree members referring to a real "operation" that was to happen in April.

The court found the evidence not specific enough to warrant the detentions of the nine until their trial.

In its appeal, the government argued that the militia members were recorded speaking expressly about killing a police officer and then bombing a police officer's funeral as a way to kill several law enforcement officers.

Source : CNN

Saturday, April 24, 2010

Balloon hoax dad must pay restitution

(News Terupdate) - Richard Heene, the man who pulled a hoax by saying his 6-year-old son was drifting over Colorado in a balloon, must pay $36,000 in restitution, a judge has ordered.

As Heene completed his 90-day sentence with home detention this month, his wife, Mayumi Heene, began serving her 20-day sentence on weekends, according to a jail official. Her time is not spent in a jail cell, but on a Saturday and Sunday work detail, a probation official said.

Prosecutors said the couple staged their son's disappearance on October 15, 2009, to generate publicity for themselves because they wanted to star in a reality television show.

Richard Heene pleaded guilty in November to a felony count of attempting to influence a public servant, while she pleaded guilty to a misdemeanor of making a false report. The judge also sentenced the couple to four years probation.

Richard Heene initially told authorities that his son, Falcon, was drifting over eastern Colorado in a homemade balloon that had come loose from its moorings in the family's backyard. Authorities raced to track the balloon while puzzling over ways to rescue the boy inside. Their efforts received widespread news coverage that riveted people around the nation.

When the balloon came to rest in a field, however, Heene's son was not inside. The boy later was found hiding in the family's house.

That night, during an interview with Wolf Blitzer on CNN's "Larry King Live," the boy gave authorities what Larimer County Sheriff Jim Alderden called an "Aha! moment."

"You guys said we did this for the show," Falcon said in the interview after his father asked him why he had not come out from hiding when he heard his parents calling for him. Later in the interview, the Heenes said their son was simply confused.

Watch the "Aha moment" in the CNN interview Video

Authorities said Falcon's mother later admitted that the whole thing was a hoax and that Falcon was safe in their home the whole time.

Source : CNN

Thursday, April 22, 2010

Judge takes himself off Anthony case

(News Terupdate) - The judge in Casey Anthony's murder trial took himself off the case Monday after the defense contended he was biased against her.

"Over the past 20-plus months, in between media interviews, guest appearances on television shows and press conferences, defense counsel has filed a litany of motions," Ninth Circuit Court Judge Stan Strickland observed in an order recusing himself from the high-profile murder trial.

"At its core," the judge continued, "defense counsel's motion accuses the undersigned of being a 'self-aggrandizing media hound.' Indeed. The irony is rich."

The case has been reassigned to Judge Belvin Perry Jr.

Read Judge Strickland's order

"Judge Perry is a good judge; he knows the law," Cindy and George Anthony's attorney, Brad Conway, told CNN. "Stan Strickland is just as good and knowledgeable. He's also extremely patient. He lets you say what you have to say, then he rules."

Anthony is awaiting trial in Orange County, Florida, on a charge of first-degree murder in the death of her daughter, Caylee, who was 2 when she disappeared in June 2008. The little girl's remains were found near the Anthony home in December 2008.

Casey Anthony has pleaded not guilty, and her murder trial has been set for May 2011.

In a motion filed 12 minutes before the court closed on Friday, Baez accused Strickland of forming a "personal relationship" with blogger Dave Knechel, who writes under the pseudonym "Marinade Dave."

Knechel's blog includes made-up legal motions with titles such as "Casey Anthony must die!" "Caylee's murder: Premeditated and pretty stupid too" and "Guilty as charged."

Baez alleged that the judge called the blogger to inquire about his health and did not disclose the relationship with the defense. He also contends in court papers that the judge recognized Knechel at a court hearing and summoned him to the bench.

Strickland denies there was any personal relationship, saying in his order that he made only "infrequent sojourns into the blogosphere." He added that the blogger had criticized "those who came onto the blog for the sole purpose of bashing the defendant and her family." He said he thanked the blogger in open court for being "both fair and civilized."

Video of an October 19 hearing reviewed by In Session staff shows a bailiff pointing at Knechel. Off-camera audio reveals snippets of a conversation with the judge in which Knechel says people are reading his blog because he does a "good job, very simple."

Although Strickland denied wrongdoing, he acknowledged that repeated accusations of bias would be disruptive at a trial.

"Since the undersigned has now been accused of bias and wrongdoing, potentially each denial of a defense motion will generate renewed allegations of bias," Strickland wrote.

Conway recalled that when he first appeared before Perry years ago, the judge invited him into chambers and gave him two rules: "One, the train leaves at 8:30 a.m. Be on it. Two, be prepared."

Conway said that Perry assured him, "If you follow those two rules, you'll be fine."

Source : CNN

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