Wednesday, November 27, 2013

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Saturday, November 9, 2013

Reuters: U.S.: Hawaii set to approve bill to legalize gay marriage

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Hawaii set to approve bill to legalize gay marriage
Nov 9th 2013, 08:06

HONOLULU Sat Nov 9, 2013 3:06am EST

Same sex marriage supporters Lance Namihara (L), Calvin Marquez (C) and Aleeciya Parker rally at the Hawaii State Capital as the State Legislature convenes for the third and final vote on allowing same sex marriage to be legal in the state of Hawaii in Honolulu, November 8, 2013. REUTERS/Hugh Gentry

Same sex marriage supporters Lance Namihara (L), Calvin Marquez (C) and Aleeciya Parker rally at the Hawaii State Capital as the State Legislature convenes for the third and final vote on allowing same sex marriage to be legal in the state of Hawaii in Honolulu, November 8, 2013.

Credit: Reuters/Hugh Gentry

HONOLULU (Reuters) - Hawaii's House of Representatives was expected to approve a bill on Friday to legalize same-sex marriage in the popular Pacific wedding and honeymoon destination, setting the stage for a final "yes" anticipated next week from the Senate.

Governor Neil Abercrombie has indicated he would swiftly sign the measure into law, making Hawaii the 15th or 16th U.S. state to extend marriage rights to gay and lesbian couples, depending on when the governor of Illinois signs a newly passed same-sex marriage bill there.

Hawaii's Supreme Court ruled two decades ago that banning same-sex marriage was discriminatory, helping to advance gay rights nationwide but sparking a backlash that has kept marriage limited to heterosexual couples in the "Aloha State".

Abercrombie, a Democrat and vocal proponent of gay rights, called the state legislature into special session late last month to consider the bill.

The Senate overwhelmingly approved the measure last Wednesday, with a 20-4 vote and just three Democrats joining the only Republican senator to oppose the bill.

It advanced to the full House, where Democrats outnumber Republicans, 44-7, after being amended slightly in committee.

House members rejected 16 floor amendments on Friday before beginning a final round of debate. A House floor vote was likely to come late on Friday or early on Saturday, local time.

"This is about a move toward acceptance, tolerance and compassion," Representative Sylvia Luke, chairwoman of the House Finance Committee, said as the debate began.

The Senate is precluded by legislative rules from acting before next Tuesday, aides say.

Abercrombie has said the proposal was crafted to address opponents' concerns that legalizing gay marriage would infringe on religious freedom. The proposal exempts clergy and churches from having to perform same-sex marriages.

The special session in Hawaii comes at a time of increasing momentum for gay marriage in the courts, at the ballot box and statehouses across the country.

Only six states and the District of Columbia recognized same-sex marriage a year ago, but the number has since more than doubled, due in most cases to litigation over the issue.

Three states - Maine, Maryland and Washington - became the first to extend marriage rights to same-sex couples by popular vote with passage of ballot initiatives last November.

Last month, New Jersey Governor Chris Christie dropped his legal opposition to gay marriage, making his state the 14th to legalize same-sex weddings.

Illinois, whose legislature gave final approval to a same-sex marriage bill on Tuesday, would become the 15th state, unless Abercrombie manages to beat Illinois Governor Pat Quinn to the punch. Quinn, also a Democrat, has, like Abercrombie, pledged to sign gay marriage into law.

The debate has long divided Hawaii.

In 1993, the Hawaii Supreme Court ruled it was discriminatory to deny marriage rights to same-sex couples.

But the legislature voted the following year to restrict marriage to heterosexual couples, passing a law at odds with the courts. In 1998, Hawaii voters took the courts out of the equation by approving a constitutional amendment giving the legislature power to limit marriage to opposite-sex couples.

(Reporting by Treena Shapiro; Writing by Steve Gorman; Editing by Louise Ireland)

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Friday, November 8, 2013

Reuters: U.S.: Four charged with severing penis of California marijuana dispensary owner

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Four charged with severing penis of California marijuana dispensary owner
Nov 9th 2013, 06:16

LOS ANGELES Sat Nov 9, 2013 1:16am EST

LOS ANGELES (Reuters) - Four people have been charged with abducting the California owner of a medical marijuana dispensary, torturing him and cutting off his penis in an attempt to force him to divulge the location of cash they mistakenly believed he had hidden in the desert.

Two of the suspects, Ryan Anthony Kevorkian, 34, and Naomi Josette Kevorkian, 33, were arrested in the central California town Fresno, on Friday, a day after a third defendant, Hossein Nayeri, 34, was taken into custody in the Czech Republic.

Authorities said Nayeri had initially fled the United States to Iran for several months, and was picked up by the FBI in Prague while trying to make an airline connection to Spain to visit family there.

Kyle Shirakawa Handley, 34, the accused mastermind of the kidnapping scheme, has been in custody since he was arrested last October, not long after the crime occurred, police and prosecutors said in a joint statement.

Each of the four is charged with kidnapping, aggravated mayhem, torture and burglary, with a sentencing enhancement for inflicting great bodily injury. All are being held without bail and face a maximum penalty of life in prison without the possibility of parole if convicted.

The victim was not identified, but was described as the owner of a lucrative dispensary for marijuana, which is legal in California for medical purposes.

He survived the kidnapping and mutilation ordeal but was hospitalized for an extensive period of time. Police said the suspects who abducted him fled with his severed penis so that it could never be reattached.

Details of the case, in which the FBI assisted, were outlined in a statement issued by the Newport Beach Police Department and Orange County District Attorney's Office.

According to their account, the kidnapping plot was hatched after the victim had taken several marijuana growers who were suppliers for his pot dispensary, including Handley, on an expensive weekend trip to Las Vegas.

Handley is later suspected of telling his co-defendants that the victim was extremely wealthy, and they set about devising plans to abduct and rob him.

They went on to carry out weeks of video surveillance of the victim and followed him as he took numerous trips by car to discuss a possible investment deal, incorrectly surmising he was making those desert trips to bury large amounts of cash there, authorities said.

The plot came to a head on October 2, 2012, when the three male suspects allegedly slipped into the victim's home, kidnapped him and the girlfriend of a roommate who happened to be there, then drove them both to the desert. They also are accused of stealing cash from the victim's home.

According to police, the three suspects repeatedly tortured the dispensary owner during his ordeal by burning him with a blowtorch, before finally cutting off his penis.

They then poured bleach over the victim in an effort to destroy any DNA evidence before dumping both captives on the side of a road and fled. Naomi Kevorkian was not present during the kidnapping but was charged because she participated in the plan to abduct and torture the victim, according to the statement.

The woman abducted with the dispensary owner was unharmed and managed to flag down a police car after running for a mile in the dark.

The Kevorkians are expected to be arraigned on Tuesday. Nayeri faces extradition proceedings in Prague. Handley is scheduled for a preliminary hearing on November 15.

(Reporting by Steve Gorman; Editing by Lisa Shumaker)

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Reuters: U.S.: Bankruptcy was unavoidable, Detroit lawyer tells court

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Bankruptcy was unavoidable, Detroit lawyer tells court
Nov 9th 2013, 02:41

By Joseph Lichterman

DETROIT Fri Nov 8, 2013 9:41pm EST

The skyline of Detroit is seen looking south from the midtown area in Detroit, Michigan October 23, 2013. REUTERS/Rebecca Cook

The skyline of Detroit is seen looking south from the midtown area in Detroit, Michigan October 23, 2013.

Credit: Reuters/Rebecca Cook

DETROIT (Reuters) - Detroit on Friday wrapped up its effort to prove that it is eligible for the largest municipal bankruptcy in U.S. history, clashing with unions, retirees and pension funds over whether good faith negotiations were feasible before the city filed for court protection on July 18.

During closing arguments of the nine-day eligibility trial, U.S. Bankruptcy Judge Steven Rhodes pressed city attorneys to show Detroit gave a good-faith effort to reach an out-of-court settlement with creditors. Rhodes also pushed lawyers for those opposing Detroit's bankruptcy to show they presented a viable alternative to bankruptcy.

Detroit's unions, government retirees and two pension funds are trying to keep the city out of bankruptcy and Detroit must prove to Rhodes that it meets the criteria for eligibility.

To declare Detroit eligible, Rhodes will need to decide that the city proved it is insolvent, and that it acted in good faith when it decided negotiations with creditors were impractical.

Rhodes asked attorneys on both sides to file papers by Wednesday regarding the definition of good-faith negotiations. He will rule sometime after receiving those briefs.

The closing arguments capped a trial that has stretched across three weeks and included rare testimony from a sitting governor, Michigan's Rick Snyder. Detroit Emergency Manager Kevyn Orr and a parade of other city and state officials, consultants, retirees and union leaders also testified.

City attorney Bruce Bennett argued on Friday that Detroit did negotiate in good faith even as it recognized that it was unlikely to reach an out-of-court agreement with creditors.

"I think what the city did was they said: 'This is extremely difficult to achieve, but we're going to try anyway,'" Bennett said in his closing argument.

"You absolutely can believe in your head that this is never going to work, but try anyway. And I think that is the situation in this case."

His remarks about Detroit's decision to forego further negotiations came in response to a question from Rhodes, who questioned whether the city's arguments were logically consistent.

"It strikes me as factually impossible for it to be impracticable for that party to negotiate with other parties in any circumstance, and to negotiate with them in good faith," Rhodes said.

Rhodes also pressed Bennett on whether Orr misled retirees during a June 10 public meeting by making statements that pensions were "sacrosanct" and that there was only a "50-50 chance" that the city would file for bankruptcy.

"Assuming both were misleading, what impact should that have on the court's analysis of good faith here?" Rhodes asked.

Bennett replied that Orr made a "mistake" and his comments should not impact the case, because the record was clarified only days later when the city released a report on June 14 that said pensions may be cut.

'THERE SIMPLY WAS NOT TIME'

Jennifer Green, who represents the city's two pension funds, said discussions about Detroit's possibly filing for bankruptcy dated as far back as March 2012. The city failed to make use of the time it had to offer alternatives to bankruptcy, she said.

"The city could have been negotiating since 2012, when it knew there was a financial crisis," Green said. "To argue it was impracticable when all along they had this time, was not good faith."

Detroit has $18.5 billion in debt and liabilities, about half of which come from retirement benefits, including $5.7 billion for healthcare and other obligations, and $3.5 billion involving pensions, the city says.

The city outlined its financial liabilities in the June 14 report, which offered unsecured creditors, including retirees, only pennies on the dollar to settle their claims.

Robert Gordon, another lawyer representing pension funds, said the city did not indicate that it wanted to cut pensions until June 14. "There simply was not time for good faith negotiations," he said.

In his argument, Bennett invoked testimony from earlier in the trial, when one of the city's top financial advisers testified that Detroit was operating on a "razor's edge" prior to the bankruptcy filing and ran the risk of running out of cash.

Detroit had little time for additional negotiations, and in any event creditors were not putting forward proposals that the city considered as viable alternatives to bankruptcy, he said.

"What would more time have led to? There was no evidence or any other indication that the city could have looked at and said there was a path to a deal," Bennett said.

Gordon said there were alternatives aside from slashing pensions, which are protected by Michigan's constitution.

But Rhodes interjected and asked what those other options were. "You did not submit any evidence that there was a viable alternative plan," he said.

Gordon responded that the city did not provide enough information on which the pension funds could have based a proposal.

"It is not clear that there needs to be an impairment or diminishment of the accrued pension benefits in order to restructure here," Gordon said. "We can't go farther than that because we don't have all the information here."

Matthew Schneider, who represents the state of Michigan in the case, argued during a closing statement on Friday morning that a "tremendous storm" was headed toward the city, and a bankruptcy was necessary to preserve order.

"The evidence shows the health, safety and welfare of the people of Detroit are at risk," he said.

Michigan Governor Snyder, who authorized Orr, the emergency manager, to file for bankruptcy, said in an interview with Reuters on Friday, that he expects the city to emerge from bankruptcy by September 2014, when Orr's term is scheduled to end.

"We are on a path to get it done within that time frame," Snyder said.

(Reporting by Joseph Lichterman and Dan Burns; Editing by Andre Grenon, David Greising and Eric Beech)

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Reuters: U.S.: U.S. Navy cuts security access of two top intelligence officers

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U.S. Navy cuts security access of two top intelligence officers
Nov 9th 2013, 03:10

WASHINGTON Fri Nov 8, 2013 10:10pm EST

WASHINGTON (Reuters) - Two of the U.S. Navy's top intelligence officials had their access to classified materials suspended on Friday over their ties to a widening bribery scandal involving a Singapore-based defense contractor, the Navy said.

Vice Admiral Ted Branch, director of Naval Intelligence, and Rear Admiral Bruce Loveless, the director of Intelligence Operations, were also put on temporary leave because of allegations of "inappropriate conduct."

"There is no indication, nor do the allegations suggest, that in either case there was any breach of classified information," Rear Admiral John Kirby, Navy chief of information, said in a statement.

Branch and Loveless are the most senior Navy officials so far linked to a case involving Leonard Glenn Francis, whose company Glenn Defense Marine Asia Ltd helped arrange maintenance and resupply visits for Navy ships to Asian ports.

Francis, a Malaysian national, is accused of providing prostitutes, money, concert tickets and other gifts in exchange for sensitive and classified Navy information, such as ship movements. He would use that information to arrange visits by U.S. Navy vessels to ports where his company had contracts.

The U.S. Justice Department estimated that Francis, who was arrested in San Diego in September, provided hundreds of millions of dollars in services to the U.S. Navy.

Three other Navy officials have already been charged over the alleged scandal. They include Navy Commander Michael Misiewicz, charged in September with accepting paid travel, the services of prostitutes and Lady Gaga concert tickets from Francis's company, California prosecutors said.

On Wednesday, Commander Jose Luis Sanchez was arrested in Florida and charged with accepting prostitutes, luxury travel and $100,000 in cash from Francis "in exchange for classified and internal U.S. Navy information," prosecutors said.

Kirby said that although Branch and Loveless had not been charged, the suspension of their access to classified materials was "deemed prudent given the sensitive nature of their current duties." He added that the allegations against them involve conduct prior to their current assignments.

Kirby said it was possible more Navy officials would be implicated in the widening scandal involving Glenn Defense Marine Asia.

(Reporting by David Alexander and Phil Stewart; Editing by Mohammad Zargham)

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Reuters: U.S.: Train carrying crude oil derails, cars ablaze in Alabama

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Train carrying crude oil derails, cars ablaze in Alabama
Nov 9th 2013, 01:33

By Edward McAllister

Fri Nov 8, 2013 8:33pm EST

(Reuters) - A 90-car train carrying North Dakota crude derailed and exploded in a rural area of western Alabama early on Friday, leaving 11 cars burning and potentially bolstering the push for tougher regulation of a boom in moving oil by rail.

Twenty of the train's cars derailed and a number were still on fire on Friday afternoon, local officials said. Those cars, which threw flames 300 feet into the night sky, are being left to burn out, which could take up to 24 hours, according to the train owner, Genesee & Wyoming. No injuries were reported.

A local official said the crude oil had originated in North Dakota, home of the booming Bakken shale patch. If so, it may have been carrying the same type of light crude oil that was on a Canadian train that derailed in the Quebec town of Lac-Megantic this summer, killing 47 people.

That incident, which the operator Montreal Maine & Atlantic blamed on a train engineer for not braking sufficiently on an incline, fueled a drive for tougher standards for oil rail shipments. Proposed measures included better testing of potentially explosive ultra-light shale crude and improved rail tank car standards. Tank cars made before 2011 have been cited by regulators as dangerously prone to puncture.

It was not clear what caused Friday's accident in Pickens County, Alabama, nor how old the tank cars were. The train was being driven by two engineers, both unharmed, officials said.

Though it appeared to pose no environmental risk, the accident still appeared to be the most dramatic of its kind in the United States since trafficking of crude by rail began to increase with the growth of shale oil production three years ago.

"It will provide very clear evidence of the potential risks for environmental groups and others opposed to the growth of crude by rail, and will likely increase pressure to tighten regulations," said Elena McGovern, Global Energy and Natural Resources analyst at Eurasia Group in Washington.

Traders said they feared that tougher regulations could drive up costs for shipping U.S. crude by rail, reducing its competitiveness. Such speculation weakened U.S. crude oil futures relative to London's benchmark Brent, which already trades at a premium to the price in New York.

Assuming the tank cars were full, the train, which passes near schools and crosses rivers in the area, held around 65,000 barrels of crude oil, according to Reuters calculations.

BOUND FOR FLORIDA

The train was carrying crude from Amory, Mississippi, to a terminal in Walnut Hill, Florida, that is owned by Genesis Energy, the company's chief financial officer Bob Deere said. It was to be pumped into a regional pipeline and delivered to a 80,000-barrel-per-day Shell Chemicals plant near Mobile, Alabama, according to a source familiar with the matter.

Deere said Genesis was still able to receive rail shipments, and deliveries were being rerouted around the affected area.

The accident happened in a wetlands area that eventually feeds into the Tombigbee River, according to the Alabama Department of Environmental Management. Booms were placed in the wetlands to contain the spilled oil.

Don Hartley, regional coordinator for the Alabama Emergency Management Agency, said the tank cars originated in North Dakota. Three cars had a "'bleve' - where pressure builds up and blows a hole." That started the fire, he said.

Alabama Emergency Management Agency spokeswoman Yasamie August said that one family was evacuated due to the incident but had already been able to return home.

"We don't have a cause yet, that will be determined with the investigation," said a Genesee & Wyoming spokesman.

The company said it had notified the National Transportation Safety Board, Federal Railroad Administration and National Crisis Response Center as is standard procedure.

FOCUS ON TANK CARS

Rapid proliferation of oil-by-train shipments started more than three years ago to get oil to markets as pipeline infrastructure lagged booming production in remote places such as North Dakota, as well as Canada's oil sands.

The East and West coasts in particular turned to rail to draw cheaper U.S. and Canadian crude. With no major oil pipelines in operation, or even planned, rail allowed them to tap into the burgeoning shale plays in North Dakota and Texas.

In the third quarter, crude-by-rail shipments rose 44 percent from the previous year to 93,312 carloads, equivalent to about 740,000 barrels per day (bpd) or almost one tenth of U.S. production. That was down 14 percent from the second quarter due to narrower oil spreads that made costlier rail shipments less economic.

The U.S. National Transportation Safety Board has issued safety guidelines on the widely used, cylindrical tank cars known as DOT-111s, including a recommendation that all tank cars used to carry ethanol and crude oil be reinforced to make them more resistant to punctures if trains derail.

The new guidelines, put forward in March 2012 but which have not yet been adopted by the Department of Transportation agency that oversees the sector, stem from a deadly ethanol train derailment and explosion in Illinois in 2009.

DOT-111 railcars ordered after October 2011 have been manufactured to the new code, but the industry has resisted spending an estimated $1 billion to retrofit nearly 300,000 existing tank cars.

In Demopolis, Alabama, some 40 miles south of the site of the accident, where the rail line runs 300 meters away from the U.S. Jones Elementary School, Mayor Michael Grayson said there hadn't been an accident in the area in a century of train traffic.

But since last summer, when the oil trains first began humming past, officials discussed what might happen if a bridge just outside of town collapsed, dumping crude into the river.

"Sadly, with this thing, the only thing you can do is try to be prepared," he said by phone.

(Reporting by Edward McAllister, Robert Gibbons, Anna Louie Sussman, Jeanine Prezioso and Nicolas Medina Mora in New York and David Sheppard in London; editing by Gerald E. McCormick, Jonathan Leff and Alden Bentley)

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Reuters: U.S.: Oklahoma police arrest prison escapee after 33 years on the run

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Oklahoma police arrest prison escapee after 33 years on the run
Nov 9th 2013, 01:28

Anthony Rackley is pictured in this booking photo courtesy of the Oklahoma County Sheriff's Office.

Credit: Reuters/Oklahoma County Sheriff's Office/Handout via Reuters

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Reuters: U.S.: White House tech expert gets subpoena to testify on HealthCare.gov

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White House tech expert gets subpoena to testify on HealthCare.gov
Nov 9th 2013, 01:42

By Roberta Rampton

WASHINGTON Fri Nov 8, 2013 8:42pm EST

A man looks over the Affordable Care Act (commonly known as Obamacare) signup page on the HealthCare.gov website in New York in this October 2, 2013 photo illustration. REUTERS/Mike Segar

A man looks over the Affordable Care Act (commonly known as Obamacare) signup page on the HealthCare.gov website in New York in this October 2, 2013 photo illustration.

Credit: Reuters/Mike Segar

WASHINGTON (Reuters) - The House Oversight and Government Reform Committee issued a subpoena on Friday to compel Todd Park, the chief technology officer at the White House, to testify at a hearing next week about what went wrong with the Obamacare website.

The White House called the subpoena "unfortunate and unnecessary" and said that Park was busy fixing the website. The White House earlier had said he was willing to appear voluntarily in December.

"We had hoped the committee would work with us to find an alternative date to give Todd time to focus on the immediate task at hand: getting the website fixed," said Rick Weiss, a spokesman for the White House Office of Science and Technology.

"We are reviewing the subpoena and will respond as appropriate," Weiss said.

Darrell Issa, the California Republican who chairs the committee, told Park that he was the only administration witness at the November 13 hearing who was "unwilling to appear voluntarily" and noted that he had taken time out to give an interview to the New York Times in early October.

"Millions of Americans have lost their health insurance," Issa wrote in a letter to Park.

"They deserve your sworn testimony before their elected representatives about what went wrong - not simply the media outlets that White House officials have deemed an appropriate use of your time," he said.

PARK: 'NOT GOING ANYWHERE'

The HealthCare.gov website, which launched October 1, was meant to be an easy way for Americans to shop for health insurance and see whether they were eligible for subsidies under President Barack Obama's signature healthcare program.

But it has been plagued by myriad technical woes, and contractors and outside experts have been working around the clock to try to make it work by the end of November so that Americans have enough time to sign up for insurance before deadlines in the law.

On Friday, Jeffrey Zients, the White House official charged to oversee the fixes, said the website is improving but is still "a long way from where it needs to be.

A successful healthcare IT developer before joining the Obama administration, Park has been part of the scramble to repair the website.

Earlier on Friday, the White House had scolded Issa for failing to justify why the hearing with Park could not be slated for December.

"There will be ample time to analyze why the technology behind the website did not perform well initially, and whether there are any lessons learned for federal IT acquisition policy that Congress may want to address," said Donna Pignatelli, assistant director for legislative affairs for the Office of Science and Technology Policy in a letter to Issa.

"Mr. Park is not going anywhere," Pigantelli had said.

(Additional reporting By Karey Van Hall; Editing by Ken Wills)

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Reuters: U.S.: Court throws out death sentence of Florida man after 28 years

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Court throws out death sentence of Florida man after 28 years
Nov 9th 2013, 00:08

By Bill Cotterell

TALLAHASSEE, Florida Fri Nov 8, 2013 7:08pm EST

Roy Swafford is pictured in this undated handout photo obtained by Reuters on November 8, 2013. REUTERS/Florida Department of Corrections/Handout via Reuters

Roy Swafford is pictured in this undated handout photo obtained by Reuters on November 8, 2013.

Credit: Reuters/Florida Department of Corrections/Handout via Reuters

TALLAHASSEE, Florida (Reuters) - The Florida Supreme Court overturned the conviction of a man on Death Row for 28 years for the abduction, rape and murder of a filling station attendant, ordering that he be given a new trial after doubts were raised about scientific evidence in the case.

Roy Swafford, 66, came within a few hours of execution in 1990 before a court-ordered stay kept him from Florida's electric chair. Thursday's ruling vacated his rape and murder convictions and his death sentence.

Swafford's attorney, Terri Backhus, said the state has 15 days to ask the Supreme Court for a rehearing before the case is sent back to the 7th Circuit in Daytona Beach. Prosecutors in Volusia county will then have to decide whether or not to go ahead with a new trial.

"The case was weak to start with. It was highly circumstantial," said Backhus. "The Supreme Court decision was pretty explicit. You can see how troubled they were with the evidence."

Backhus could seek a bond hearing while he awaits trial but she said Swafford faced other legal issues, including an escape conviction that would likely keep him in jail for the time being.

The high court, in a 5-2 decision, accepted Swafford's argument that newly discovered evidence, indicating no seminal fluid was found in the victim's body, created doubt that he was the killer. The court also agreed with his evidence disputing how a pistol used in the murder was linked to him.

Evidence indicated that acid phosphatase, a substance usually found in seminal fluid, was found but no sperm or semen could be confirmed in laboratory results from Florida Department of Law Enforcement tests. The two justices, who voted to uphold Swafford's sentence, said a 2004 re-test of the 1982 swabs was unreliable.

"The acid phosphatase evidence was the linchpin of the state's case that a sexual battery occurred," said the court majority.

Swafford was sentenced to death in 1985 for the murder of Brenda Rucker on February 14, 1982. Swafford and some friends had driven from Nashville to Daytona Beach for the Daytona 500 race weekend. Trial testimony indicated Swafford was seen near a filling station where Rucker worked and that he disposed of a pistol in a bathroom trash can at a topless bar.

The gun was found to be the murder weapon, but the court said there was insufficient evidence to prove Swafford had disposed of it.

Rucker was shot nine times and left in a wooded area, fully clothed. The high court said that, even without the disputed fluid evidence, "Swafford had a very limited time in which to kidnap the victim, take her to a different location and sexually batter her, redress her, kill her and then move the body to the location where the body was found."

The court said Rucker was seen at the filling station where she worked at about 6:18 a.m. and that Swafford returned at sunrise, about 45 minutes later, to a camp site where he and four Nashville friends were spending the weekend.

The justices also said another man, Michael Walsh, was a potential suspect, but information about him was not used in Swafford's trial.

It said Walsh had a car that resembled one seen at the filling station where Rucker was abducted and that he was later seen with a gun similar to the one used in the crime. The court said information about Walsh could be used in a retrial of Swafford, if prosecutors pursue the case.

(Editing by L Gevirtz)

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Reuters: U.S.: Female U.S. general who overturned sex-assault ruling to retire

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Female U.S. general who overturned sex-assault ruling to retire
Nov 9th 2013, 00:22

By David Alexander

WASHINGTON Fri Nov 8, 2013 7:22pm EST

WASHINGTON (Reuters) - The first woman from the U.S. military to go into space has decided to retire after her promotion to a top Space Command job was blocked in the Senate due to her decision to overturn a sexual assault conviction.

Former space shuttle astronaut Lieutenant General Susan Helms has told the Air Force she plans to retire after more than 30 years of service, an Air Force spokesman said on Friday. The Senate Armed Services Committee confirmed that her nomination as vice commander of Air Force Space Command had been withdrawn.

Helms' nomination for the post ran into trouble due to concerns about her decision last year to overturn a conviction of an Air Force captain for aggravated sexual assault.

The officer had been accused of assaulting one woman in his bedroom after a night of drinking in 2010 and another in the back seat of a car in 2009.

Helms reviewed the evidence and decided to throw out the jury verdict.

A memo she wrote for her personal files said she found the captain's testimony more credible than that of the victims, said the Washington Post, which obtained a copy of the document. Instead of sexual assault, Helms found him guilty of the lesser offense of committing an indecent act.

Senator Claire McCaskill, a Missouri Democrat, put Helms' nomination on hold in April citing "deep concerns" about the general's decision to reverse the jury decision, which she said would erode confidence in the justice system.

In a statement on Friday, McCaskill praised Helms' career and her achievement in becoming the first female member of the U.S. forces in space, but said her decision to overturn the verdict, against the advice of her staff judge advocate, sent a "damaging message" to sexual assault victims.

"At a time when the military is facing a crisis of sexual assault, making a decision that sends a message which dissuades reporting of sexual assaults, supplants the finding of a jury, contradicts the advice of counsel, and further victimizes a survivor of sexual assault is unacceptable," McCaskill said.

JUMP IN SEXUAL ASSAULT CASES

The U.S. military has been struggling to deal with the problem of sexual assault and a surge in cases has embarrassed the military and increased congressional scrutiny of the problem. An Pentagon report in May found that estimated cases of unwanted sexual contact jumped 37 percent in 2012 to 26,000 versus 19,000 the previous year.

The head sexual assault prevention in the Air Force was arrested the weekend before the release of that report and accused of groping a woman while drunk in a parking lot not far from the Pentagon.

In a case similar to that involving Helms, a general in Europe overturned the sexual assault conviction of a fighter pilot in February, releasing him from prison and reinstating him to duty. The pilot was later made to retire.

Outrage over the problem of sexual assault in the military has prompted lawmakers to look for ways to address the issue and for the military to initiate a more vigorous response.

A panel established by Defense Secretary Chuck Hagel at the behest of Congress held a hearing this week.

New figures released at the hearing showed a 46 percent year-on-year jump in reports of sexual assault in the first nine months of the 2013 fiscal year, to 3,553 compared with 2,434. The 2013 fiscal year began October 1, 2012.

Officials said the increase in reporting was a sign victims were beginning to have more confidence that the military was seriously attempting to address the problem.

The issue has divided lawmakers on Capitol Hill. Senator Kirsten Gillibrand, a New York Democrat, launched a push with several colleagues this week to win support for legislation that would remove sexual assault prosecutions from the military chain of command, a move opposed by the top military officers.

McCaskill has opposed that measure, as has Senator Carl Levin, the chairman of the Senate Armed Services Committee.

Helms, 55, became a NASA astronaut in 1991 and flew aboard the space shuttle Endeavour in 1993 to become the first woman from the U.S. military in space. She currently commands two space related units at Vandenberg Air Force Base in California.

(Reporting by David Alexander; Editing by David Brunnstrom)

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Reuters: U.S.: Court bars some statements by accused Colorado theater gunman

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Court bars some statements by accused Colorado theater gunman
Nov 9th 2013, 00:46

By Keith Coffman

DENVER Fri Nov 8, 2013 7:46pm EST

James Holmes sits in court for an advisement hearing at the Arapahoe County Justice Center in Centennial, Colorado June 4, 2013. REUTERS/Andy Cross/Pool

James Holmes sits in court for an advisement hearing at the Arapahoe County Justice Center in Centennial, Colorado June 4, 2013.

Credit: Reuters/Andy Cross/Pool

DENVER (Reuters) - Some statements accused Colorado theater gunman James Holmes made to detectives in the hours after a deadly rampage that killed 12 moviegoers in a Denver suburb last year will be excluded as evidence in his upcoming trial, a judge ruled on Friday.

Arapahoe County District Court Judge Carlos Samour ruled that prosecutors in the death penalty case could not introduce the statements as evidence at trial because they were made after Holmes had asked for a lawyer.

But because Holmes made the statements to detectives Chuck Mehl and Craig Appel voluntarily, they could still be used to cross-examine witnesses who provide contradictory testimony, should defense lawyers open the door to such questioning.

Holmes, a former neuroscience graduate student, is charged with multiple counts of first-degree murder and attempted murder for the shooting during a midnight screening of a Batman movie in July 2012. Holmes, 25, has pleaded not guilty by reason of insanity.

"The statements made by the defendant to Detectives Mehl and Appel after he invoked his right to counsel are suppressed and may not be admitted to the prosecution's case-in-chief," Samour said in a written ruling.

It remained unclear what Holmes told the detectives as the statements are redacted in the ruling.

But the 48-page opinion mentions that in the early hours after the shooting, police were questioning Holmes about whether any other shooters might have taken part in the rampage.

The fact that the judge suppressed the statements is not surprising given that Holmes clearly had requested an attorney, said defense lawyer and legal analyst Wil Smith, who is not involved in the case.

"It is well-established case law that after a suspect invokes his right to a lawyer, any further statements are inadmissible," said Smith, who has practiced criminal law for 30 years.

Samour rejected prosecution arguments that the interrogating officers were unsure if Holmes had accomplices, and could thus question him under a public safety exception. The judge said that by the time the detectives spoke to Holmes, he had already been questioned about that issue on two separate occasions.

Samour had already ruled that Holmes' responses to those questions asked by arresting officers are admissible. Holmes told police he acted alone, had four firearms and had booby-trapped his apartment, according to the officers' testimony at earlier hearings.

Public defenders claim that police prevented them from seeing their client for 13 hours after he asked for a lawyer and coerced him into providing information about the explosives in his apartment.

Separately, Samour denied a defense motion that sought to have evidence seized from Holmes' car suppressed because police lacked a search warrant, ruling that police were dealing with an emergency situation.

(Reporting by Keith Coffman in Denver, Writing by Alex Dobuzinskis; Editing by Cynthia Johnston, Richard Chang and Lisa Shumaker)

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Reuters: U.S.: Mormon church set to become Florida's largest private landowner

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Mormon church set to become Florida's largest private landowner
Nov 8th 2013, 23:30

By Barbara Liston

ORLANDO, Florida Fri Nov 8, 2013 6:30pm EST

ORLANDO, Florida (Reuters) - The Mormon church is poised to become the largest private landowner in Florida as a result of a deal to buy nearly 400,000 acres in the state's Panhandle region.

The property is mostly timberland, and the church "intends to maintain timber and agricultural uses of the lands," according to a statement released by St. Joe Company, a Florida real estate firm.

The signed sales agreement with the church's company, AgReserves Inc., for $565 million is subject to regulatory and shareholder approvals, according to the statement. The company expects the deal to be finalized in the first quarter of 2014.

Paul Genho, chairman of AgReserves, Inc., in St. Joe's statement, described the entity as a "tax-paying affiliate of The Church of Jesus Christ of Latter-day Saints," also known as the Mormon church.

The Mormon church was already one of Florida's largest landowners. For more than 60 years, the church has owned Deseret Ranches, a 290,000 cattle and citrus operation straddling three counties in Central Florida, approximately 50 miles southeast of downtown Orlando.

Deseret operates the largest cow-calf ranch in the nation with 44,000 head of cattle, according to a ranking by the trade publication Northern Ag Network.

Deseret's website states it is owned by Farmland Reserves which is a non-profit company. Another firm, Deseret Cattle and Citrus, which is responsible for ranch operations, is a division of AgReserves.

The addition of St. Joe's 382,834 acres brings the church's Florida holdings to 672,834 acres, or almost 2 percent of the state's land mass. The total does not include smaller isolated church parcels for its Orlando and South Florida temples and other interests.

St. Joe, which once owned a million acres and was created as a paper mill enterprise by a member of the family that founded the chemical company DuPont, will shrink its holdings dramatically to 184,000 acres primarily in Northwest Florida for future real estate development, according to the company's statement.

Although virtually all of the church's holdings remain in rural and agricultural uses, the church has plans approved by Osceola County for future development of a 19,000-acre section of the Deseret Ranches located 10 miles from Orlando International Airport. The area is near the route of the All Aboard Florida privately funded train between Orlando and Miami planned for a 2015 launch.

(Editing by Kevin Gray and Andrew Hay)

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Reuters: U.S.: Oklahoma police arrest prison escapee after 33 years on the run

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Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com 
Oklahoma police arrest prison escapee after 33 years on the run
Nov 8th 2013, 23:14

OKLAHOMA CITY Fri Nov 8, 2013 6:14pm EST

OKLAHOMA CITY (Reuters) - Oklahoma City police have arrested a man who escaped from a Maryland prison more than 30 years ago after he contacted them to say he was tired of paying off a business partner who threatened to expose him as a fugitive.

Anthony Rackley, 62, escaped from a Maryland prison in 1980 after being convicted of robbery. He later took on an alias and earned a living raising funds for the Lions Club community service organization.

"He called initially to report an extortion," Master Sergeant Gary Knight of the Oklahoma City Police Department told Reuters on Friday.

"He called back and said he needed to talk to us about a situation. He said 'I'm a prison escapee from Maryland.' He was very forthright and forthcoming."

Going by the assumed name Jack Watson, Rackley told police his fundraising partner knew he was a fugitive and was demanding a large chunk of the money they raised for the charity to keep quiet.

When the man asked for additional money earlier this week, Rackley said he had had enough.

"He was willing to go back to jail to stop it," Knight said.

Authorities in Maryland are seeking Rackley's extradition, Oklahoma City police said. Oklahoma City police were investigating the business partner.

(Reporting by Heide Brandes; Editing by Jon Herskovitz and Ken Wills)

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Reuters: U.S.: U.S. sanctions lawyer accused of selling phony tax breaks to NFL players

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U.S. sanctions lawyer accused of selling phony tax breaks to NFL players
Nov 8th 2013, 23:26

WASHINGTON Fri Nov 8, 2013 6:26pm EST

WASHINGTON (Reuters) - A Chicago-area lawyer accused of selling phony tax breaks worth a combined $16 million to some American football players and others has been permanently barred from preparing taxes, the U.S. Justice Department said on Thursday.

Gary Stern of Riverwoods, Illinois, agreed to a permanent injunction without admitting any wrongdoing, according a statement from the department.

Stern, a lawyer with Stahl Cowen Crowley Addis LLC in Chicago, could not be reached for comment on Friday.

Stern will be leaving Stahl Cowen on November 18, said Ronald Damashek, a lawyer at the firm. Damashek said Stern's alleged misconduct occurred before he joined Stahl Cowen.

The Justice Department said Stern's clients included current and former National Football League players Kyle Orton, Jevon Kearse, Ray Lewis and several others.

In a November 1 complaint, prosecutors accused Stern of funneling certain alternative fuel tax credits to his clients.

"Stern created a web of partnerships, companies and other entities to serve as a conduit for sham transactions," the Justice Department said.

Created by Congress in 2005 to encourage biomass fuel production, the credits can be legally distributed to individuals in some instances. But starting in the early 2000s, Stern distributed the credits to customers to help them dodge taxes, the Justice Department said.

Some of Stern's football player clients have had to pay the U.S. Internal Revenue Service penalties and interest related to the credits, said Daniel Konicek, a lawyer with Konicek & Dillon P.C., who is representing Orton.

An attorney for Lewis and Kearse could not immediately be reached for comment on Friday.

Stern faces a lawsuit currently pending in a Chicago court brought by Orton and other football player clients who are seeking damages, Konicek said.

(Reporting by Patrick Temple-West; Editing by Kevin Drawbaugh and Bill Trott)

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