Tag Archives: Court

Mexican drug lord ‘El Chapo’ gets April 2018 U.S. trial date

Joaquin "El Chapo" Guzman (R) and his attorneys Michael Schneider (L) and Michelle Gelernt are shown in a sketch of a court appearance at the Brooklyn Federal Courthouse in the Brooklyn borough of New York City, New York, U.S., May 5, 2017. REUTERS/Jane Rosenberg

By Brendan Pierson

NEW YORK (Reuters) – A U.S. judge has scheduled the trial of Mexican drug lord Joaquin “El Chapo” Guzman — for years his country’s most wanted man — on drug trafficking and conspiracy charges for April 16, 2018.

U.S. District Judge Brian Cogan in Brooklyn federal court acknowledged at a hearing Friday that the date was “somewhat aspirational” and could be delayed, given the complexity of the case and the amount of evidence that lawyers must review ahead of trial.

The hearing came the day after Cogan refused to order Guzman released from solitary confinement in a New York City federal prison, where his court-appointed lawyers have said he faces needlessly harsh and restrictive conditions that make it difficult for him to mount his defense.

The judge did, however, rule that Guzman could send pre-screened letters to his wife, Emma Coronel, who was present at Friday’s hearing. She has not been allowed to visit him.

Michelle Gelernt, one of Guzman’s lawyers, again brought up the conditions of Guzman’s imprisonment at Friday’s hearing, saying it was difficult to review evidence because lawyers were only allowed to speak to Guzman through a plexiglass barrier.

Cogan said he would send a magistrate judge to look at the room where Guzman meets with his lawyers and make recommendations about how the problem could be overcome, though he said he did not want to “micro-manage” the prison.

Guzman also said at the hearing, through an interpreter, that he understood that four of the witnesses expected to testify against him had previously been represented by the same federal public defender’s office that represents him, though not by the same attorneys, raising the possibility of conflicts of interest.

He said he wished to keep his attorneys nonetheless.

All four of those witnesses, whose names have not been disclosed, are currently serving prison sentences in the U.S., Coogan said.

Guzman, who sold oranges as a child before turning to the drug trade in the 1970s, was extradited from Mexico to the United States to face drug trafficking charges on Jan. 19. He had previously escaped from two Mexican prisons.

In his most recent escape in 2015, Guzman walked out of prison through a mile-long, highly engineered tunnel from his cell, a sign of the huge influence he was able to wield even from behind bars.

(Editing by Alistair Bell)

Families of San Bernardino shooting sue Facebook, Google, Twitter

FILE PHOTO: Weapons confiscated from the attack in San Bernardino, California are shown in this San Bernardino County Sheriff Department handout photo from their Twitter account released to Reuters December 3, 2015. REUTERS/San Bernardino County Sheriffs Department/Handout/File Photo

By Dan Whitcomb

LOS ANGELES (Reuters) – Family members of three victims of the December 2015 shooting rampage in San Bernardino, California, have sued Facebook, Google and Twitter, claiming that the companies permitted Islamic State to flourish on social media.

The relatives assert that by allowing Islamic State militants to spread propaganda freely on social media, the three companies provided “material support” to the group and enabled attacks such as the one in San Bernardino.

“For years defendants have knowingly and recklessly provided the terrorist group ISIS with accounts to use its social networks as a tool for spreading extremist propaganda, raising funds and attracting new recruits,” family members of Sierra Clayborn, Tin Nguyen and Nicholas Thalasinos charge in the 32-page complaint, which was filed in U.S. District Court in Los Angeles on Wednesday.

“Without defendants Twitter, Facebook and Google (YouTube), the explosive growth of ISIS over the last few years into the most feared terrorist group in the world would not have been possible,” the complaint said.

Spokeswomen for Twitter and Google declined to comment on the lawsuit. Representatives for Facebook could not immediately be reached by Reuters on Thursday afternoon.

Syed Rizwan Farook and his wife, Tashfeen Malik, opened fire on a holiday gathering of Farook’s co-workers at a government building in San Bernardino on Dec. 2, 2015, killing 14 people and wounding 22 others.

Farook, the 28-year-old, U.S.-born son of Pakistani immigrants, and Malik, 29, a Pakistani native, died in a shootout with police four hours after the massacre.

Authorities have said the couple was inspired by Islamist militants. At the time, the assault ranked as the deadliest attack by Islamist extremists on U.S. soil since the Sept. 11, 2001, attacks. In June 2016, an American-born gunman pledging allegiance to the leader of Islamic State shot 49 people to death at the Pulse nightclub in Orlando, Florida, before he was killed by police.

In December 2016 the families of three men killed at the nightclub sued Twitter, Google and Facebook in federal court on allegations similar to those in the California lawsuit.

Federal law gives internet companies broad immunity from liability for content posted by their users. A number of lawsuits have been filed in recent years seeking to hold social media companies responsible for terror attacks, but none has advanced beyond the preliminary phases.

(Reporting by Dan Whitcomb in Los Angeles; Additional reporting by David Ingram and Julia Love in San Francisco; Editing by Dan Grebler and Grant McCool)

Greek court blocks last extradition request for Turkish soldiers

FILE PHOTO - Four of the eight Turkish soldiers (C), who fled to Greece in a helicopter and requested political asylum after a failed military coup against the government, line up as they are escorted by police officers at the Supreme Court in Athens, Greece, January 13, 2017. REUTERS/Alkis Konstantinidis/File Photo

ATHENS (Reuters) – A Greek court on Thursday blocked a second extradition request by Turkey for the final two of eight soldiers who fled to Greece in July following a failed coup attempt, court officials said.

The decision is likely to anger Ankara, which alleges the men were involved in efforts to overthrow President Tayyip Erdogan and has repeatedly demanded they be sent back.

Turkey had issued a second extradition request for the men, which it has branded traitors, in January after Greece’s top court ruled against extraditing all eight.

The drawn-out case has highlighted often strained relations between Greece and Turkey, NATO allies which remain at odds over issues from territorial disputes to ethnically-split Cyprus.

Turkey has previously threatened measures including scrapping a bilateral migration deal with Greece if the men are not returned

The three majors, three captains and two sergeant-majors landed a helicopter in Greece on July 16 and sought asylum, saying they feared for their lives in Turkey where authorities have purged large numbers from the military and civil service.

They are to be held in detention until their asylum applications are processed.

Addressing the court on Thursday, the prosecutor acknowledged the ruling “may cause discomfort” in Turkey but said the reasons for rejection had not changed since January.

“Has torture stopped? Persecutions?” he asked. “If it looks itself in the mirror, modern Turkey will understand why one denial comes after another — not only from Greece but also from other countries — for the release of alleged coup plotters.”

(Reporting by Constantinos Georgizas; Writing by Karolina Tagaris; Editing by Jeremy Gaunt and Ralph Boulton)

Anti-abortion activists seek dismissal of California privacy case

Anti-abortion activist David Daleiden, waits outside Superior Court in San Francisco, California, U.S., May 3, 2017. REUTERS/Lisa Fernandez

By Lisa Fernandez

SAN FRANCISCO (Reuters) – Lawyers for two anti-abortion activists who secretly filmed a conference of abortion providers while pretending to work for a fetal-tissue procurement company asked a California judge on Wednesday to dismiss eavesdropping charges against the pair.

Defense attorneys asserted in court papers that the criminal complaint brought by California’s attorney general against David Daleiden, 28, and Sandra Merritt, 63, was insufficient because it failed to identify their alleged victims by name.

Daleiden and Merritt are each charged with conspiracy and 14 counts of invasion of privacy for creating false identities to infiltrate the abortion conference, then videotaping various conference participants and others without their consent.

The two are accused of fabricating a sham biomedical research firm, BioMax Procurement Services, to gain access to private meetings of the National Abortion Federation (NAF), Planned Parenthood and others affiliated with reproductive healthcare.

The individuals they taped are referred to in charging documents as DOE 1 through 14. Prosecutors filed identifying information in a sealed confidential attachment.

If the judge sides with the defense, finding prosecutors lack justification for keeping the alleged victims anonymous, the state could be forced to amend its complaint and reveal their names in order to proceed.

Defense lawyer Steve Cooley, representing Daleiden, said state Attorney General Xavier Becerra, a Democrat, was conducting a political prosecution.

Daleiden, who runs the California-based nonprofit Center for Medical Progress, and Merritt, a fellow anti-abortion activist and retired teacher, have cast themselves as “citizen journalists” who employed well-worn undercover tactics of the news media to expose wrongdoing.

But prosecutors said Daleiden and Merritt engaged in computer hacking and criminal fraud to create false IDs and a bogus corporate entity – crossing lines that bona fide journalists would avoid.

The case stems from recordings made at an April 2014 NAF conference in San Francisco and several subsequent restaurant meetings in Los Angeles and El Dorado, California.

Distribution of those tapes and others from a 2015 NAF conference in Baltimore were barred under federal court order after NAF sued Daleiden’s group in 2015.

But Daleiden has released other videos targeting Planned Parenthood purporting to show its officials trying to profit from the sale aborted fetal tissue, in violation of federal law.

Planned Parenthood accused Daleiden of using the videos to distort its practices, in which it lawfully seeks only to recover costs associated with fetal tissue donations for scientific research.

Daleiden and Merritt were indicted in January 2016 for using illegal government identifications to secretly film a Planned Parenthood facility in Texas, but that case was dropped. Both are slated for arraignment in the California case on June 8.

Daleiden surrendered to authorities last month under an arrest warrant and was released on $75,000 bond. Merritt was taken into custody at the court on Thursday and was expected to post bond later in the day.

(Additional reporting and writing by Steve Gorman in Los Angeles; Editing by Robert Birsel)

Same-sex couple can seek damages from Kentucky clerk: U.S. appeals court

Rowan County clerk Kim Davis is shown in this booking photo provided by the Carter County Detention Center in Grayson, Kentucky September 3, 2015. REUTERS/Carter County Detention Center/Handout via Reuters

By Jonathan Stempel

(Reuters) – A federal appeals court on Tuesday revived a damages lawsuit against Kim Davis, the Kentucky county clerk who in 2015 refused to grant marriage licenses to same-sex couples because it conflicted with her Christian beliefs.

The 6th U.S. Circuit Court of Appeals in Cincinnati said a lower court judge erred in finding that damages claims by David Ermold and David Moore became moot, after a new state law last July excused clerks like Davis, from Rowan County, from having to sign marriage license forms.

While the couple eventually did get a license, a three-judge appeals court panel said they could sue over Davis’ initial refusal to grant one, after the U.S. Supreme Court in June 2015 said the Constitution guaranteed a right to same-sex marriage.

“The district court’s characterization of this case as simply contesting the ‘no marriage licenses’ policy is inaccurate because Ermold and Moore did not seek an injunction-they sought only damages,” Circuit Judge Karen Nelson Moore wrote. “The record does not support an argument that (their) damages claims are insubstantial or otherwise foreclosed.”

Ermold’s and Moore’s case was sent back to U.S. District Judge David Bunning in Covington, Kentucky.

“The ruling keeps the case alive for a little while but it is not a victory for the plaintiffs,” Mat Staver, founder of Liberty Counsel, a Christian advocacy group representing Davis, said in a statement. “We are confident we will prevail.”

Michael Gartland, a lawyer for Ermold and Moore, called the decision a “no-brainer,” saying damages claims based on past harm often survive mootness challenges. His clients are seeking compensatory and punitive damages.

“Do I think it’s a million dollar case? Probably not,” Gartland said in an interview. “The next step will be to go to discovery and go to trial, where I am confident we will obtain a judgment against Davis.”

The refusal of Davis to issue licenses made her a national symbol for opposition to Obergefell v Hodges, the Supreme Court decision that legalized same-sex marriage nationwide.

The case is Ermold et al v. Davis, 6th U.S. Circuit Court of Appeals, No. 16-6412.

(Reporting by Jonathan Stempel in New York; Editing by Lisa Shumaker)

Turkish opposition lawmaker appeals to European court over referendum

Supporters of Turkish President Tayyip Erdogan wave national flags as they wait for his arrival at the Presidential Palace in Ankara, Turkey, April 17, 2017. REUTERS/Umit Bektas

ANKARA (Reuters) – A lawmaker from Turkey’s main opposition CHP said on Friday he had submitted an appeal to the European Court of Human Rights demanding the annulment of a referendum that granted President Tayyip Erdogan sweeping executive powers.

Musa Cam, a lawmaker for the Republican People’s Party (CHP)from the coastal city of Izmir, told Reuters he submitted an individual appeal independently from the one the party is expected to make to the European Court.

In his application, seen by Reuters, Cam said the decision by Turkey’s High Electoral Board (YSK) to allow unstamped ballots in the referendum had caused the outcome to be “illegitimate and not representative of the people’s will”.

Final results released by the YSK on Thursday showed 51.4 percent support for the “Yes” vote to approve the biggest changes to Turkey’s political system in its modern history.

The results, which matched the preliminary figures released in the hours after polling closed on April 16, were released despite calls by the CHP to delay a final announcement while they appealed the vote. The YSK and a Turkish court, the council of state, have rejected or declined to hear the CHP appeals.

Erdogan and the “Yes” camp have said appeals were an attempt to undermine the results of the vote, adding only the YSK had jurisdiction on the matter.

The package of 18 amendments passed in the referendum gives the president the authority to draft the budget, declare a state of emergency and issue decrees overseeing ministries without parliamentary approval.

With the changes, Erdogan will also immediately be eligible to resume membership of a political party.

Erdogan told Reuters on Tuesday that he would rejoin Turkey’s ruling AK Party once the full results came out, and a senior official said he would be named as a candidate to lead it at an extraordinary congress on May 21.

(This version of the article corrects surname of lawmaker)

(Reporting by Gulsen Solaker and Tuvan Gumrukcu)

Russia metro bombing suspect says he was unwitting accomplice

People mourn next to a memorial site for the victims of a blast in St. Petersburg metro, at Tekhnologicheskiy institut metro station in St. Petersburg, Russia, April 4, 2017. REUTERS/Anton Vaganov

By Polina Nikolskaya and Hulkar Isamova

MOSCOW/JALAL-ABAD, Kyrgyzstan (Reuters) – The man Russian investigators say orchestrated a suicide bombing on the St Petersburg metro told a court on Tuesday he was an unwitting accomplice in the attack, in which 14 people were killed and scores injured.

Russian investigators said that before the April 3 attack, the suspected suicide bomber, Akbarzhon Jalilov, had spoken by telephone with Abror Azimov, who the investigators said was helping mastermind the attack from a Moscow suburb.

At a preliminary court hearing in Moscow, the suspect, Azimov, said he had participated in the preparation of the attack but only indirectly.

“I did not realize that I was helping with this act,” he said, referring to the April 3 blast. “I was being given instructions.” Dressed in a black jacket and checked shirt, he spoke from a metal cage in the courtroom.

Earlier in the court hearing, a state investigator told the court that Azimov had confessed to having taking part in preparations for the attack, but the suspect said he had not confessed to that.

Since the attack, Russian authorities have detained nine people suspected of involvement. All are originally from Central Asia, a region of five mainly Muslim states that border Afghanistan, Iran and China.

Abror Azimov is originally from the city of Jalal-Abad, in the Central Asian state of Kyrgyzstan. His wife said on Tuesday that Azimov and his brother, Akrom, had been working in a sushi restaurant in the Moscow region. He had been due to return home to Kyrgyzstan in April, but did not make the trip.

ISLAMIST TRAINING CAMP?

Her husband was “calm and well-adjusted”, the wife, her head covered by a scarf, told Reuters in Jalal-Abad.

She said his brother Akrom had returned home from Moscow because he was sick, adding that he had been taken from hospital for questioning by Kyrgyz state security.

Russia’s Ren TV broadcaster, citing law enforcement agencies, reported that Azimov, along with the St Petersburg suicide bomber, had attended a radical Islamist training camp. It did not say where the camp was located.

Azimov’s wife and another brother, Bilol, told Reuters he had traveled to Turkey but was only in transit there on his way home after an abortive attempt to find work in South Korea. The family, though Muslims, rarely went to the mosque, Bilol said.

No group has claimed responsibility for the attack, which happened on a day that Russian President Vladimir Putin was visiting St Petersburg, his native city.

If it is proven that the bombing was carried out by radical Islamists, that could pose a test for Putin’s policy of military intervention in Syria. The Islamic State group has threatened to take revenge for Russian air attacks on Syria by shedding blood on Russian soil.

(Reporting by Polina Nikolskaya; Writing by Christian Lowe; Editing by Vladimir Soldatkin and Gareth Jones)

U.S. top court leaves intact ruling against Central America asylum seekers

A general view of the U.S. Supreme Court building in Washington, U.S., November 15, 2016. REUTERS/Carlos Barria - RTX2TTHN

By Andrew Chung

WASHINGTON (Reuters) – The U.S. Supreme Court sidestepped a turbulent debate over illegal immigration on Monday, turning away an appeal by a group of asylum-seeking Central American women and their children who aimed to clarify the constitutional rights of people who the government has prioritized for deportation.

The families, 28 women and 33 children ages 2 to 17 from El Salvador, Honduras and Guatemala, had hoped the justices would overturn a lower court’s ruling preventing them from having their expedited removal orders reviewed by a federal judge.

That Philadelphia-based court said the status of the families, all apprehended in Texas and later held in Pennsylvania, was akin to non-citizens who are denied entry at the border and they were not entitled to a court hearing to challenge that decision.

Immigration has become an even hotter topic than usual in the United States since President Donald Trump took office in January. His administration has ordered construction of a border wall with Mexico intended to curb illegal immigration, and plans to expand the number of people targeted for expedited removal, a process that applies to non-citizens lacking valid entry documents.

The families have said they were escaping threats, violence and police authorities unable or unwilling to help in their home countries.

Lead plaintiff Rosa Castro fled El Salvador to escape years of rape, beatings and emotional abuse by the father of her son, who was 6 years old when they arrived in the United States in 2015, according to court papers. Lesly Cruz, who also arrived in 2015, fled Honduras to protect her daughter from sexual assault by members of the Mara Salvatrucha armed gang, the court papers said.

The families were apprehended in Texas within hours of illegally crossing the U.S.-Mexican border. After claiming asylum, they were determined by immigration judges to lack “credible fear” of persecution, and placed in expedited removal proceedings.

The families were detained at Berks County Residential Center in Leesport, Pennsylvania, where 12 women and their children remain. The others have been released under orders of supervision, according to the American Civil Liberties Union, which is representing them.

The women challenged in federal court the rejection of their asylum claims, alleging a violation of their right to due process under the U.S. Constitution.

In August, the 3rd U.S. Circuit Court of Appeals in Philadelphia said they may be treated the same way as non-citizens seeking initial admission to the United States, who do not have any constitutional rights of review if denied entry.

The women appealed to the Supreme Court.

There has been a 93 percent drop since December of parents and children caught trying to cross the Mexican border illegally into the United States, which U.S. officials attribute to the Trump administration’s tough policies.

(Reporting by Andrew Chung; Editing by Will Dunham)

United passenger launches legal action over forceful removal

A video screengrab shows passenger David Dao being dragged off a United Airlines flight at Chicago O'Hare International Airport in this video filmed by @JayseDavid April 9, 2017. Jayse D. Anspach via REUTERS

By Alana Wise

NEW YORK (Reuters) – Lawyers for the passenger dragged from a United Airlines plane in Chicago filed an emergency request with an Illinois state court on Wednesday to require the carrier to preserve video recordings and other evidence related to the incident.

Citing the risk of “serious prejudice” to their client, Dr. David Dao, the lawyers want United and the City of Chicago, which runs O’Hare International Airport, to preserve surveillance videos, cockpit voice recordings, passenger and crew lists, and other materials related to United Flight 3411.

Chicago’s Aviation Department said on Wednesday that two more officers had been placed on leave in connection with the April 9 incident, during which airport security officers dragged Dao from his seat aboard a United jet headed for Louisville, Kentucky. One officer was placed on leave on Tuesday.

Paul Callan, a civil and criminal trial lawyer in New York, said the public outcry over Dao’s treatment would likely push the airline to a quick and generous settlement.

“Because United has such a catastrophic PR problem, this case has a much greater value than such a case would normally have,” he said.

United Chief Executive Oscar Munoz on Wednesday apologized to Dao, his family and United customers in an ABC News interview, saying the company would no longer use law enforcement officers to remove passengers from overbooked flights.

“This can never, will never happen again,” he said.

Munoz is under pressure to contain a torrent of bad publicity and calls for boycotts against United unleashed by videos that captured Dao’s rough treatment by airline and airport security staff.

Dao was removed to make room for additional crew members, United said.

Footage from the incident shows Dao, bloodied and disheveled, returning to the cabin and repeating: “Just kill me. Kill me,” and “I have to go home.”

As of Tuesday, Dao was still in a Chicago hospital recovering from his injuries, his lawyer said.

On Wednesday, United said it would compensate all passengers on board the flight the cost of their tickets.

Munoz said United would be examining the way it compensates customers who volunteer to give up seats on overbooked planes, adding that it would likely not demand that seated passengers surrender their places.

Some U.S. lawmakers called for new rules that could make it more difficult for airlines to overbook flights as a tool for increasing revenue.

U.S. President Donald Trump said it was “horrible” that Dao was dragged off the flight, according to an interview from the Wall Street Journal. Rather than calling for an end to the practice of overselling, Trump said that instead, there should be no upper limit to incentives carriers can offer passengers in exchange for their seats on overbooked flights.

Republican and Democratic leaders of the Senate committee that oversees transportation have questioned United’s actions.

But Delta Air Lines Inc CEO Ed Bastian on Wednesday defended overbooking as “a valid business practice” that does not require additional oversight by the government.

“It’s not a question, in my opinion, as to whether you overbook,” Bastian said on a call with analysts. “It’s how you manage an overbook situation.”

The backlash from the incident resonated around the world, with social media users in the United States, China and Vietnam calling for boycotts of the No. 3 U.S. carrier by passenger traffic and an end to the practice of overbooking flights.

Shares of United Continental closed 1.1 percent lower at $69.93. They fell as much as 4.4 percent on Tuesday.

Two online petitions calling for Munoz to step down as CEO had more than 124,000 signatures combined by Wednesday afternoon. Munoz told ABC he had no plans to resign over the incident.

(Reporting by Alana Wise in New York; Additional reporting by David Shepardson in Washington, and Jonathan Stempel in New York; Editing by Lisa Von Ahn and Richard Chang)

Russian court to consider ban on ‘extremist’ Jehovah’s Witnesses HQ

MOSCOW (Reuters) – Russia’s Supreme Court is to consider whether Jehovah’s Witnesses is an “extremist” organization after the justice ministry applied for an order to shut down the group’s national headquarters near St Petersburg.

The U.S.-founded Jehovah’s Witnesses says it numbers about 8 million people worldwide.

The religious organization is known for its foreign ministries as well as its door-to-door campaigns, but has had problems for years with Russian authorities, who view it as a pernicious cult, an allegation it denies.

Authorities have put several of its publications on a list of banned extremist literature, and prosecutors have long cast it as an organization that destroys families, fosters hatred and threatens lives, a description the organization says is false.

A filing on the Supreme Court’s website said it would convene on April 5 to consider the justice ministry’s application to order the closure of the organization’s Russian headquarters and ban its activity.

The Russian branch of Jehovah’s Witnesses said it rejected the charge it was an extremist organization. It said such a ban would directly affect around 400 of its groups and impact on all of its 2,277 religious groups in Russia which it said united 175,000 followers.

“Millions of believers all over the world consider the ministry’s actions a big mistake,” it said in a statement. “If this lawsuit is successful, it will entail catastrophic consequences for freedom of religious worship in Russia.”

Russian investigators conducted a large-scale inspection of its national headquarters near St. Petersburg earlier this year, carting off many documents.

According to Amnesty International, 16 members of the group in southern Russia were found guilty of organizing and participating in a banned “extremist organization” in late 2015.

Rights activists have criticized Russia for the way it applies a 2006 law which widened the definition of extremism.

(Reporting by Dasha Afanasieva and Andrew Osborn; Editing by Toby Davis)