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. 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) Link this Share this Digg this Email Print Reprints

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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) Link this Share this Digg this Email Print Reprints

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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. 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) Link this Share this Digg this Email Print Reprints

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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) Link this Share this Digg this Email Print Reprints

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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 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) Link this Share this Digg this Email Print Reprints

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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) Link this Share this Digg this Email Print Reprints

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Reuters: U.S.: Man questioned in Detroit shooting charged with assault

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Man questioned in Detroit shooting charged with assault Nov 8th 2013, 23:45 By Steve Neavling DETROIT Fri Nov 8, 2013 6:45pm EST A Detroit Police car drives past a barbershop on Seven Mile Road, where the night before a shooting occurred, in Detroit, Michigan November 7, 2013. Credit: Reuters/Rebecca Cook DETROIT (Reuters) - A man being questioned in a mass shooting that left three people dead at a Detroit barber shop was charged Friday with assaulting a federal officer who had been watching him for the investigation, authorities said. Larry O'Neil Walker II has not been charged in connection with the shooting on Wednesday night, but has been held as a person of interest and investigators are still talking with him, Detroit police said on Friday. "He has not been ruled out as the shooter in any way," a Detroit police spokesperson said in a statement. On Wednesday, a man fired a high-powered rifle from an alley into a small room at the back of the shop used as an illegal gambling den, police said. Up to 30 people were in the room; three died and six others were wounded, police said. Detroit police said after the shooting that they had sought for questioning a man who was feuding with several members of the gambling party and he had been taken into custody in a Detroit suburb. Walker, who was wearing body armor when he was taken into custody, was under surveillance by the Detroit violent crime task force when he tried to ram an unmarked vehicle driven by a federal officer, the FBI said in an affidavit filed with the criminal complaint in Detroit federal court. After he tried to ram the unmarked vehicle with a minivan, Walker tried to block the officer's vehicle from exiting a parking lot and then chased the officer at speeds up to 80 mph, the affidavit said. The agent called for assistance and eventually stopped and confronted Walker, gained control of him and removed him from the van, the affidavit said. The federal charges were released as Detroit police began investigating another triple killing on Friday, the latest in a rash of killings in Detroit that has claimed several victims in recent weeks. In 2012, Detroit's homicide rate reached a 20-year high at 54.6 homicides per 100,000 people, according to statistics from the Federal Bureau of Investigation. Homicides were down about 13 percent in 2013 from this time last year before Friday's shootings. (Additional reporting and writing by Kevin Murphy and Karen Brooks; Editing by Scott Malone, John Wallace, David Bailey and Leslie Gevirtz) Link this Share this Digg this Email Print Reprints

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