Tag Archives: Attorney

Britney Spears scores legal win as judge grants her choice over her own attorney

Britney Spears, 39, has won the right to choose her own attorney after former conservatorship lawyer, Sam Ingham, requested to resign from his role. As the hearing to end her conservatorship and have her father Jamie Spears be removed from the legal contract continued on Wednesday, July 14 in Los Angeles, judge Brenda Penny approved her request to decide who should represent her in her on-going battle.

It comes three weeks after her bombshell allegations shocked the world as she delved into her treatment under the 13-year conservatorship controlled primarily by her dad.

Branding it “f***ing cruelty”, the singer is expected to appoint lawyer Mathew Rosengart, a former federal prosecutor who now works for a top-tier Hollywood law firm who, according to reports, was spotted at the court hearing.

This decision was a victory for the pop-star who hasn’t been allowed to have a say in her own legal representation since 2008.

During the hearing, Britney also alleged to the Judge Penny that she had her hair vitamins and coffee taken away from her and demanded her father be charged with “conservatorship abuse”.

READ MORE: Britney Spears’ pregnancy claims dismissed by conservator

Following the aftermath of the past hearing, she took to Instagram to apologise to fans for telling them she was OK for the last two years.

The pop sensation alleged to the judge in an emotional 24-minute testimony that she is forbidden from having more children, getting married or taking out her IUD, condemning her father and others who control the agreement of exploiting her, preventing her and forcing her to work.

Spears said she had “lied and told the whole world I’m OK and I’m happy” while under conservatorship, adding: “But now I’m telling you the truth, OK? I’m not happy. I can’t sleep. I’m so angry it’s insane. And I’m depressed. I cry every day.”

Following the claims in court, she has since taken to social media for the first time since officially addressing her 2008 conservatorship, apologising to fans and saying she hid the reality of her life “because of my pride and I was embarrassed to share what happened to me”.

She posted a picture of a young girl holding a teddy bear with an Albert Einstein quote about fairy tales.

Alongside the image, she captioned it: “I just want to tell you guys a little secret … I believe as people we all want the fairy tale life and by the way I’ve posted … my life seems to look and be pretty amazing … I think that’s what we all strive for !!!! That was one of my mother’s best traits … no matter how shitty a day was when I was younger … for the sake of me and my siblings she always pretended like everything was ok.

“I’m bringing this to people’s attention because I don’t want people to think my life is perfect because IT’S DEFINITELY NOT AT ALL … and if you have read anything about me in the news this week … you obviously really know now it’s not !!!!

“I apologize for pretending like I’ve been ok the past two years … I did it because of my pride and I was embarrassed to share what happened to me … but honestly who doesn’t want to capture there Instagram in a fun light !!!!”

She continued: “Believe it or not pretending that I’m ok has actually helped, so I decided to post this quote today because by golly if you’re going through hell … I feel like Instagram has helped me have a cool outlet to share my presence … existence … and to simply feel like I matter despite what I was going through and hey it worked … so I’ve decided to start reading more fairy tales!!!!”

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This post originally posted here Daily Express :: Celebrity News

New York’s attorney general keeps Albany — and Cuomo — waiting

ALBANY, N.Y. — Few governors in recent New York history have dominated the news cycle — and the levers of government — like Andrew Cuomo, the state’s three-term governor. But in the summer of 2021, with an embattled Cuomo eyeing reelection next year, the future of state politics rests with another statewide official: Attorney General Tish James.

James, who has been investigating a portfolio of allegations against the governor since March, has retained private attorneys who have interviewed several women who accused Cuomo of harassment, as well as top staff said to be aware of his alleged misconduct.

But little more is known about the probe, and James has made clear there is no clock in her office counting down the months, weeks or days remaining in her inquiry. “It will conclude when it concludes,” she told reporters at an unrelated event in Albany late last month, one of the few public remarks she has made about the probe.

The uncertainty has paralyzed much of New York’s Democratic political apparatus. State lawmakers have put their parallel impeachment investigation on a very slow burn. Cuomo has not revisited his pre-scandal pledge to run for a fourth term in 2022. And potential Democratic primary challengers are waiting to see if they’d face a wounded Cuomo, a vindicated Cuomo, or perhaps no Cuomo at all.

Another investigation lurks in the background, and could be equally significant: The FBI and the U.S. attorney’s office in Brooklyn have been looking into Cuomo’s coronavirus task force and how it handled nursing homes early on in the pandemic.

And so Albany waits, with political strategists, would-be campaign staffers and prospective opponents enduring cortisol spikes each time the attorney general’s office announces a press availability, wondering if it might herald the release of her conclusions. Thus far, though, they have had to fall back on rumination and rumor, playing out various hypotheticals and how those scenarios may, or may not, damage Cuomo’s political fortunes.

“I think we all wait with bated breath: Does she have the intestinal fortitude to indict the governor?” said state Republican chair Nick Langworthy, whose views of Cuomo’s conduct leave little room for ambiguity.

There are no signs that James has empaneled a grand jury or that any of her findings would necessarily rise to the level of prosecution. Most of the speculation in Albany is centered on the consequences of a damning report filled with new details about Cuomo’s conduct — from allegations of sexual harassment to possible misuse of staff in the production of his pandemic memoir, for which he received $ 5.1 million — and how such a report would influence the impeachment investigation, the first of its kind in more than a century.

One high-level Capitol staffer noted that “everything is an impossibly mapped-out political game theory.”

Waiting — playing the long game for political purposes — is something Cuomo does well, and that patient approach just might allow him to downplay the severity of the James report and claim to have suffered a mere flesh wound, even if in the eyes of critics, his legs are cut out from under him.

“He’s absolutely running a perfect crisis management campaign,” said Democratic strategist Hank Sheinkopf, who noted the strategy is playing out as he predicted in the spring. “It can’t go on forever; at some point there will have to be closure. But the expectation is if there were some sort of criminality involved we would have had a result already of some kind. If they had a political pound of flesh to add, they would have.”

All of which raises the possibility that the James report, whenever it comes, may contain little or nothing new, which might allow last winter’s avalanche of bad headlines to melt away, renewing Cuomo’s chances to win the fourth term that was denied his father, Mario, who served as governor from 1983 to 1994. “If there’s no criminal act, he’s going to be reelected,” said Sheinkopf, who has worked on Cuomo’s previous campaigns.

Republicans, not surprisingly, don’t share Sheinkopf’s assessment of the election’s outcome, although they do agree with its fundamental premise: Barring anything criminal, and despite his astounding fall from grace, Andrew Cuomo will be on the ballot next year. “I think the only way he’s not the nominee of his party is if he leaves through impeachment or arrest or some element of that,” said Langworthy.

If that comes to pass, more than a few New York Democrats — lots of them, in fact — will find themselves sharing a ballot line with a governor they called on to resign earlier this year, when each week seemed to bring some new and damning revelation about Cuomo.

“What I have made very clear and many of my colleagues have made very clear is that the governor should resign,” said Bronx Democrat Sen. Gustavo Rivera. “Maybe some people forgot that we said that once — but I have not. Considering that this is not a criminal investigation — at least the ones that relate to impeachment — the question is whether he’s a trustworthy partner in governance. And we have said he is not.” He added for good measure that he looks forward to working on “many more pieces of legislation” with Lt. Gov. Kathy Hochul — on the assumption that she will take Cuomo’s place sooner rather than later.

“Obviously he would run for reelection because his ego would not allow him to do anything less, but for the sake of governance in the state we cannot allow him to be the Democratic nominee,” Rivera said. “It would be unconscionable to allow this guy to be in that position.”

More than 50 Democratic state lawmakers called for Cuomo’s resignation in March, but there doesn’t appear to have been a moment when that prospect was under consideration on the Capitol’s second floor, where the executive’s offices are located. Some have since joined forces with him on issues that affect their districts. Senate Majority Leader Andrea Stewart-Cousins, who was among those who called on Cuomo to quit, stood with the governor in April at an event and thanked him for promoting vaccination efforts in Yonkers. She later reiterated that her call for Cuomo’s resignation remains unchanged.

Cuomo, in the months since the scandals broke, has stayed busy but specific with his events and bedfellows, around but aloof and away from appearances in the state’s Capitol. It’s a familiar salute to most of his decade in office, but a far cry from the persona he cultivated during the pandemic. On Tuesday he took a whack at addressing rising gun violence by declaring the shootings a state of emergency and signing a first-in-the-nation attempt to open up firearms manufacturers to liability. He did not take questions.

James has stayed busy, too, and more visible than ever. She’s touted her role in multistate antitrust action and her lawsuit against the NRA, marched in two New York City parades, and in the past two weeks made rare appearances in Albany and Syracuse to promote her office’s separate take on combating both drug trafficking and gun violence across the state.

Looming over all of these more-routine activities is the prospect of tumult to come once the James report is released. If it contains new revelations or more-embarrassing details, the governor’s fate might be sealed and the upcoming governor’s race turned upside down. After all, President Joe Biden — a longtime friend and ally of the governor — said in March that if the stories are confirmed, Cuomo should resign, and will likely “end up being prosecuted, too.”

In contrast to much of the speculation about the James report, the Assembly’s impeachment probe has inspired doubts about just how aggressive it will be as it covers some of the same ground. Several of the women who accused Cuomo of harassment and their advocates have declined to participate in the Assembly probe, saying the chamber has historically shown itself ill-equipped to handle complaints of sexual harassment against its own members.

And a possible end of the impeachment investigation seems far off — potentially more distant than James’s. The Judiciary Committee announced on June 30 that it would begin issuing subpoenas but members say that doesn’t mean it is close to completing the review, which reportedly is wider in scope, considering sexual harassment allegations, misuse of resources to write his personal memoir, potentially withholding information on both Covid-19 nursing home deaths and the safety of the Hudson River bridge he recently named after his father. The speed at which the Assembly moves may also depend on what James finds.

In a more practical sense, the waiting will soon nudge up against planning for a potential 2022 primary.

Several names, including that of James herself, have been floated as potential Democratic nominees should Cuomo be impeached or choose not to run again, but that list so far has little overlap with those who might actively challenge the incumbent. Cuomo has signaled he remains committed to the fourth term run he declared in 2019, most recently with a $ 10,000 per plate fundraiser June 29 and a virtual “grassroots reception” July 6 to grow the $ 16.8 million he had in his war chest in January.

Voters so far appear mixed regarding Cuomo’s future. Though his popularity hasn’t shifted much recently, 23 percent of registered voters in a recent Siena poll said he should “resign immediately.” A total of 39 percent said he should “serve out his term but not seek reelection next year” while 33 percent want him to “continue to serve out [his term] and run for reelection next year.”

Most voters have probably made up their minds on Cuomo one way or another, regardless of what the investigations conclude, Langworthy said. In other words, they’re the only ones not waiting at all.

As for Cuomo, “I don’t see a guy that’s leaving anywhere … He’s done apologizing,” Langworthy said.

SOUTH DAKOTA ATTORNEY GENERAL JOINS SUIT AGAINST GOOGLE FOR ANTITRUST LAW VIOLATIONS OVER APP STORE

FOR IMMEDIATE RELEASE: Thursday, July 8, 2021

PIERRE, S.D. – Attorney General Jason Ravnsborg has joined a coalition of 37 attorneys general to file a lawsuit against Google in California. Utah v. Google alleges exclusionary conduct relating to the Google Play Store for Android mobile devices and Google Billing. This antitrust lawsuit is the newest legal action against the tech giant, claiming illegal, anticompetitive, and unfair business practices. The States accuse Google of using its dominance to unfairly restrict competition with the Google Play Store, harming consumers by limiting choice and driving up app prices. The lawsuit is co-led by AGs in Utah, New York, Tennessee, and North Carolina.

“Google’s monopoly is a menace to the marketplace. Google Play is not fair play. Google must be held accountable for harming small businesses and consumers,” said Utah Attorney General Reyes. “Most consumers have no idea that for years Google has imposed unnecessary fees far beyond the market rates for in-app transactions, unlawfully inflating costs for many services, upgrades and other purchases made through apps downloaded on the Google Play Store. As a result, a typical American consumer may have paid hundreds if not thousands of dollars more than needed over many years.” 

According to the lawsuit, the heart of the case centers on Google’s exclusionary conduct, which substantially shuts out competing app distribution channels. Google also requires that app developers that offer their apps through the Google Play Store use Google Billing as a middleman. This arrangement, which ties a payment processing system to an app distribution channel forces app consumers to pay Google’s commission—up to 30%—on in-app purchases of digital content made by consumers through apps that are distributed via the Google Play Store. This commission is much higher than the commission that consumers would pay if they had the ability to choose one of Google’s competitors instead. The lawsuit alleges that Google works to discourage or prevent competition, violating federal and state antitrust laws.  Google had earlier promised app developers and device manufacturers that it would keep Android “open source,” allowing developers to create compatible apps and distribute them without unnecessary restrictions. The lawsuit says Google did not keep that promise.  

When Google launched its Android OS, it originally marketed it as an “open source” platform. By promising to keep Android open, Google successfully enticed “OEMs”—mobile device manufacturers such as Samsung—and “MNOs”—mobile network operators such as Verizon—to adopt Android, and more importantly, to forgo competing with Google’s Play Store at that time. Once Google had obtained the “critical mass” of Android OS adoption, Google moved to    close the Android OS ecosystem—and the relevant Android App Distribution Market—to any effective competition by, among other things, requiring OEMs and MNOs to enter into various contractual and other restraints. These contractual restraints disincentivize and restrict OEMs and MNOs from competing (or fostering competition) in the relevant market. The lawsuit alleges that Google’s conduct constitutes unlawful monopoly maintenance, among other claims. 

The AGs further allege that Google also engaged in the following conduct, all aimed at enhancing and protecting Google’s monopoly position over Android app distribution:

Google imposes technical barriers that strongly discourage or effectively prevent third-party app developers from       distributing apps outside the Google Play Store. Google builds into Android a series of security warnings (regardless of actual security risk) and other barriers that discourage users from downloading apps from any source outside Google’s Play Store, effectively foreclosing app developers and app stores from direct distribution to consumers. 

 

Google has not allowed Android to be “open source” for many years, effectively cutting off potential competition. Google forces OEMs that wish to sell devices that run Android to enter into agreements called “Android Compatibility Commitments” or ACCs. Under these “take it or leave it” agreements, OEMs must promise not to create or implement any variants or versions of Android that deviate from the Google-certified version of Android. 

Google’s required contracts foreclose competition by forcing Google’s proprietary apps to be “pre-loaded” on essentially all devices designed to run on the Android OS, and requires that Google’s apps be given the most prominent placement on device home screens. 

Google “buys off” its potential competition in the market for app distribution. Google has successfully persuaded OEMs and MNOs not to compete with Google’s Play Store by entering into arrangements that reward OEMs and MNOs with a share of Google’s monopoly profits. 

Google forces app developers and app users alike to use Google’s payment processing service, Google Play Billing, to process payments for in-app purchases of content consumed within the app. Thus, Google is unlawfully tying the use of Google’s payment processor, which is a separate service within a separate market for payment processing within apps, to distribution through the Google Play Store. By forcing this tie, Google is able to extract an exorbitant processing fee as high as 30% for each transaction and which is more than ten times as high as the fee charged by Google’s competitors.  

This effort is led by Utah Attorney General Sean D. Reyes, New York Attorney General Letitia James, North Carolina Attorney General Josh Stein and Tennessee Attorney General Herbert Slatery III.  The other states joining the lawsuit include Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Idaho, Indiana, Iowa, Kentucky, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, Tennessee, Utah, Vermont, Virginia, Washington, and West Virginia.

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The Office of the Attorney General is the chief legal officer for the State of South Dakota and provides legal advice to agencies, boards, and commissions of the State as well as representing the State in state and federal court.  The Office of Attorney General also handles prosecutions, felony criminal appeals, civil matters, consumer protection issues, and issues formal opinions interpreting statutes for agencies of the state.  Visit www.atg.sd.gov to learn more. 

Connect with us on Facebook or on Twitter at @SDAttorneyGen

CONTACT: Tim Bormann, Chief of Staff, (605) 773-3215

 

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Bragg Holds Lead in Manhattan District Attorney Primary

Mr. Bragg and Ms. Farhadian Weinstein both have substantive legal pedigrees. Mr. Bragg graduated from Harvard Law School, clerked for a federal judge in New York and worked as a defense and civil rights lawyer. He first worked as a prosecutor in the state attorney general’s office, became a federal prosecutor in Manhattan and then returned to the attorney general’s office, where starting in 2013, he led a unit charged with investigating police killings of unarmed civilians. He eventually rose to become a chief deputy attorney general.

Erin E. Murphy, a law professor at New York University who supports Mr. Bragg, said that the combination of the candidate’s policies and his racial identity was key to understanding how he might lead the office.

“When we’re in this moment of racial reckoning, it’s really important the leader of the Manhattan D.A.’s office understands the real concerns about public safety that exist in our communities but also that they understand that the police themselves can be a harm-causing agent in the community,” she said.

Ms. Farhadian Weinstein graduated from Yale Law School, clerked on the Washington, D.C., Court of Appeals and the Supreme Court, served as counsel to the former United States attorney general, Eric H. Holder Jr., and after a stint as a federal prosecutor in Brooklyn was on the leadership team in the Brooklyn district attorney’s office.

The district attorney’s office has had only two leaders in close to 50 years, and the current officeholder, Cyrus R. Vance Jr. has held his seat for more than a decade. He was considered one of the most progressive prosecutors in the United States when he was first elected in 2009. But since he took office, a wave of prosecutors have won elections by pledging to make their offices less punitive and less racist, a trend that has changed the way that such races are run.

In the opening months of this year, it looked as if the Democratic primary for Manhattan district attorney would follow suit, with Ms. Aboushi, Ms. Orlins and Mr. Quart tipping the balance of the race toward the left. But as Ms. Farhadian Weinstein emerged as a financial powerhouse and gun violence rose in certain areas of the city, the focus of the race changed, and she and Mr. Bragg began to be seen as front-runners.

Author: Jonah E. Bromwich
This post originally appeared on NYT > Top Stories

Austin attorney gives insight on possible charges for 6th Street mass shooting suspects

Austin attorney gives insight on possible charges

AUSTIN (KXAN) — There are still a lot of questions surrounding the charges that the two suspects of the deadly mass shooting on Sixth Street shooting may face.

Police and the district attorney’s office have not yet released any information.

But KXAN got new insight from Brandon Grunewald, a long-time Austin attorney, who has experience in the Travis County District Attorney’s office.

As we’ve reported, both of these suspects — teenagers — are in custody. Police arrested 17-year-old Jeremiah Roshaun Leland James Tabb on Monday.

The other was arrested on Sunday, but a name hasn’t been released. That suspect is a juvenile in the eyes of the law.

Both being young will certainly play a role in charges, but to what extent?

Grunewald said there could be more than one outcome.

“They can be charged with aggravated assault with a deadly weapon, or they can be charged all the way up to murder,” Grunewald said.

According to Grunewald, just because aggravated assault is the arresting charge listed now doesn’t mean that’s the final choice for prosecution.

“I think the most important thing to remember is that final decision is really up to the District Attorney through the grand jury,” Grunewald said. “Law enforcement makes an arrest decision.”

So now, Grunewald says the DA is likely shifting through all evidence, trying to figure out what he has and what charges will stick.

“In the case involving numerous victims, you could see charges coming slowly as evidence comes to life, also as the medical condition of the individuals involved…that also changes what the district attorney might seek to charge the individuals,” Grunewald said.

Whether the young suspects have prior run-ins with the law will also be a factor in what punishment to seek.

“With the individuals involved in these cases have had no prior involvement with law enforcement, it will make it more difficult to justify a decision to seek the most strenuous sentence as possible,” Grunewald said.

As families grieve their losses and lives are forever changed, Grunewald said it’s important to make sure the process isn’t rushed.

“You want to give law enforcement and the attorney’s office time to make decisions based on all the evidence,” he said.

It’s important to note that the DA decides how to present the case to a grand jury. However, the grand jury ultimately decides the indictment that will go to trial.

We’re also working to get arrest documents, so that we can have a clearer picture of what actually happened that night. “Intent” plays a role in criminal charges, as well.

Author: Jala Washington
This post originally appeared on KXAN Austin

Texas Attorney General Is Being Investigated by State Bar Association

AUSTIN, Texas — The State Bar of Texas is investigating whether Attorney General Ken Paxton committed professional misconduct by challenging President Biden’s victory in the courts, which a complaint called a “frivolous lawsuit” that wasted taxpayer money.

The investigation, which could result in discipline ranging from a reprimand to disbarment, is the latest obstacle for Mr. Paxton, who has been at the center of bribery and corruption accusations and was indicted in 2015 on allegations of securities fraud in a case that has not been resolved.

Mr. Paxton, a Republican, is also being challenged by a member of the Bush family in next year’s primary for attorney general, the state’s highest law enforcement office and a position that has served as a political springboard. He was preceded in office by Gov. Greg Abbott and Senator John Cornyn.

After it became clear that Mr. Biden won the election, Mr. Paxton filed a lawsuit in early December that was ridiculed by many legal experts and ultimately rejected by the U.S. Supreme Court. He had asked the court to extend a deadline for the certification of presidential electors, arguing that election irregularities in four other states — Georgia, Michigan, Pennsylvania and Wisconsin — warranted further investigation.

That month, Kevin Moran, a retired Houston Chronicle reporter and president of the Galveston Island Democrats, filed a grievance to the Texas State Bar. In his filing, Mr. Moran contended that Mr. Paxton knew the lawsuit lacked legal merit and that any unelected lawyer would face disciplinary action for filing a frivolous lawsuit.

“Knowing that the national election had NOT been rigged or stolen, he acted in a way to stoke those baseless conspiracy theories nationwide,” Mr. Moran wrote.

The State Bar of Texas said it was prohibited by statute from discussing any pending matters, and the attorney general’s office did not reply to a request for comment.

Mr. Paxton’s campaign spokesman, Ian Prior, denounced the complaint as a “low-level stunt” and “frivolous allegation,” adding that “Democrats in Texas keep showing just how much they can’t stand election integrity.”

The complaint was initially dismissed by the state bar’s chief disciplinary counsel’s office but later revived by its Board of Disciplinary Appeals, which is appointed by the Texas Supreme Court. The 12-member board notified Mr. Moran in late May that it had granted his appeal after “finding that the grievance alleges a possible violation” of the Texas Disciplinary Rules of Professional Misconduct.

Mr. Moran, 71, said on Thursday that he had filed the complaint as “an upset citizen” — not as a Democratic official — because he was outraged by the attorney general’s lawsuit, particularly after a multitude of judges had upheld Mr. Biden’s victory.

“With his track record, I believe he should be disbarred,” he said of Mr. Paxton.

After receiving a letter from the state bar in January that dismissed his complaint, Mr. Moran filed an appeal that he said he was somewhat surprised to see granted.

In cases like Mr. Paxton’s, the Office of the Chief Disciplinary Counsel must undertake a preliminary investigation to determine whether there is cause to proceed. If it decides there is, the accusation of professional misconduct would be adjudicated in a trial court or an evidentiary panel.

Mr. Paxton, in his second term as the Texas attorney general, faces a tough re-election campaign against George P. Bush, the state’s land commissioner as well as the grandson of former President George H.W. Bush and the son of Jeb Bush, the former governor of Florida. Both candidates are vying for an endorsement from former President Donald J. Trump, who still wields influence over Texas Republicans.

Susan C. Beachy contributed research.

Author: Dave Montgomery
This post originally appeared on NYT > U.S. News

Celebrity attorney F. Lee Bailey dead at 87

WALTHAM, Mass. — F. Lee Bailey, the celebrity attorney who defended O.J. Simpson, Patricia Hearst and the alleged Boston Strangler, but whose legal career halted when he was disbarred in two states, has died, a former colleague said Thursday. He was 87.

The death was confirmed Thursday by Peter Horstmann, who worked with Bailey as an associate in the same law office for seven years.

In a legal career that lasted more than four decades, Bailey was seen as arrogant, egocentric and contemptuous of authority. But he was also acknowledged as bold, brilliant, meticulous and tireless in the defense of his clients.

“The legal profession is a business with a tremendous collection of egos,” Bailey said an in interview with U.S. News and World Report in September 1981. “Few people who are not strong egotistically gravitate to it.”

Some of Bailey’s other high-profile clients included Dr. Samuel Sheppard – accused of killing his wife – and Capt. Ernest Medina, charged in connection with the My Lai massacre during the Vietnam War.

“I have never known a greater intellect than that possessed by F. Lee Bailey,” said J. Albert Johnson, Bailey’s longtime legal partner and childhood friend.

Bailey, an avid pilot, best-selling author and television show host, was a member of the legal “dream team” that defended Simpson, the former star NFL running back and actor acquitted on charges that he killed his wife, Nicole Brown Simpson, and her friend, Ron Goldman, in 1995.

Bailey was the most valuable member of the team, Simpson said in a 1996 story in The Boston Globe Magazine.

“He was able to simplify everything and identify what the most vital parts of the case were,” Simpson said. “Lee laid down what the case’s strategy was, what was going to be important and what was not. I thought he had an amazing grasp of what was going to be the most important parts of the case, and that turned out to be true.”

One of the most memorable moments of the trial came when Bailey aggressively cross-examined Los Angeles police Detective Mark Fuhrman in an attempt to portray him as a racist whose goal was to frame Simpson. It was classic Bailey.

Fuhrman denied using racial epithets, but the defense later turned up recordings of Fuhrman making racist slurs.

Even though Fuhrman remained cool under pressure, and some legal experts called the confrontation a draw, Bailey, recalling the exchange months later, said, “That was the day Fuhrman dug his own grave.”

Bailey earned acquittals for many of his clients, but he also lost cases, most notably Hearst’s.

Hearst, a publishing heiress, was kidnapped by the Symbionese Liberation Army terrorist group on Feb. 4, 1974, and participated in armed robberies with the group. At trial, Bailey claimed she was coerced into participating because she feared for her life. She still was convicted.

Hearst called Bailey an “ineffective counsel” who reduced the trial to “a mockery, a farce, and a sham,” in a declaration she signed with a motion to reduce her sentence. Hearst accused him of sacrificing her defense in an effort to get a book deal about the case.

She was released in January 1979 after President Jimmy Carter commuted her sentence.

Bailey made his name as the attorney for Sheppard, an Ohio osteopath convicted in 1954 of murdering his wife.

Sheppard spent more than a decade behind bars before the U.S. Supreme Court ruled in a landmark 1966 decision that “massive, pervasive, prejudicial publicity” had violated his rights. Bailey helped win an acquittal at a second trial.

Bailey also defended Albert DeSalvo, the man who claimed responsibility for the Boston Strangler murders between 1962 and 1964. DeSalvo confessed to the slayings, but was never tried or convicted, and later recanted. Despite doubts thrown on DeSalvo’s claim, Bailey always maintained that DeSalvo was the strangler.

Throughout his career, Bailey antagonized authorities with his sometimes abrasive style and his quest for publicity. He was censured by a Massachusetts judge in 1970 for “his philosophy of extreme egocentricity,” and was disbarred for a year in New Jersey in 1971 for talking publicly about a case.

Bailey was disbarred in Florida in 2001 and the next year in Massachusetts for the way he handled millions of dollars in stock owned by a convicted drug smuggler in 1994. He spent almost six weeks in federal prison charged with contempt of court in 1996 after refusing to turn over the stock. The experience left him “embittered.” He eventually won the right to practice law in Maine in 2013.

Francis Lee Bailey was born in the Boston suburb of Waltham, the son of a newspaper advertising man and a schoolteacher.

He enrolled at Harvard University in 1950 but left at the end of his sophomore year to train to become a Marine pilot. He retained a lifelong love of flying and even owned his own aviation company.

While in the military, Bailey volunteered for the legal staff at the Cherry Point Marine Corps Air Station in North Carolina, and soon found himself the legal officer for more than 2,000 men.

Bailey earned a law degree from Boston University in 1960, where he had a 90.5 average, but he graduated without honors because he refused to join the Law Review. He said the university waived the requirement for an undergraduate degree because of his military legal experience.

Bailey was married four times and divorced three. His fourth wife, Patricia, died in 1999. He had three children.

Copyright © 2021 by The Associated Press. All Rights Reserved.

Author: AP

This post originally appeared on ABC13 RSS Feed

Land Commissioner George P. Bush announces run for Texas Attorney General, challenging AG Ken Paxton

AUSTIN (Nexstar) — Texas General Land Office Commissioner George P. Bush announced Wednesday evening he is officially throwing his hat into the ring for Texas Attorney General.

He said the Republican party needs new leadership in the AG’s Office, as current AG Ken Paxton continues to face several legal battles of his own.

“We need an attorney general that’s focused on the job instead of trying to stay out of jail,” Bush said in an interview ahead of his Wednesday night rally.

In 2020, Paxton’s top aides reported him for abuse of office, bribery and other criminal offenses, and the Federal Bureau of Investigation is currently investigating. Paxton has repeatedly denied doing anything wrong, most recently filing an appeal to overturn a court’s decision not to dismiss his case.

Paxton was also indicted in 2015 on felony securities fraud charges. That case is still ongoing.

“It’s time to reset this agency,” Bush said.

Aside from Paxton’s legal issues, Bush also said Paxton hasn’t delivered for Texans.

“He’s good at the headlines. But in terms of actual results, that’s where he’s been lacking,” Bush said. “It’s harder to actually win, to see a case all the way through to its final result and actually succeed.”

Bush said he’s ready to challenge the Biden administration’s policies.

“If you look at Biden’s executive orders, most of those orders deal with natural resources. So oil and gas, land management, farming and ranching issues, and who better to take on those cases than the Land Commissioner for the state?” Bush said.

Bush also added he would be focusing on human trafficking, the crisis at the border and backing the blue.

Paxton is just his primary opponent, though. Democrat Joe Jowarski has been campaigning for months.

“I’m a third-generation trial lawyer, 30 years experience working for the judges, the defense bar, the plaintiffs bar and as a full-time mediator now,” Jowarski said. “It is important that you have political acumen as well as a trial lawyer’s heart, if you want to be the Texas Attorney General. I think I checked those boxes.”

He said he agrees with Bush that Paxton needs to go but disagrees on what the focus of the state’s top lawyer should be.

“My goal in serving as Texas Attorney General would be to focus not only on consumer protection, but also restoring voting rights, protecting voting rights, and this is for all people of all political stripes,” Jaworski said Wednesday.

Bush gave Jowarski credit for the amount of money he’s already been able to raise but said he’s more concerned about the Democratic party as a whole.

“Democrats know that if Ken Paxton is the nominee, they will have their first statewide elected office in Texas and close to 30 years,” Bush said.

Nexstar did reach out to the AG’s office and Ken Paxton’s campaign for an interview or comment but did not hear back.

“I have a proven vote-getter for Republicans in a general election. In 2014, I was the highest vote-getter. 2018, I was number two behind the governor. So in ’22, with the support of so many Republicans… you won’t have to worry about us holding the seat,” Bush said.

Bush also explained the conversations he’s had with other state leadership about his run for AG, including Gov. Greg Abbott.

“I’ve talked with him several times through the session and also in response to the scandal that broke late last year — and he was positive. He said he’s going to stay out of the race. He, you know, obviously has a lot on his plate with respect to ongoing special session items that he has prioritized,” Bush said, adding he also had a conversation with Lt. Gov. Dan Patrick last week.

“I think what leadership in Texas wants are just… they want to reset in this office, they want a new face. And I’m willing to offer that,” Bush said.

He said with Paxton being in office for 20 years, he’s expecting plenty of blows from the career politician.

“I’m expecting everything under the sun. But what I’m going to focus on are the issues that improve this agency, improve the condition of victim services,” Bush said, adding he’d also work to update the infrastructure of the agency like he did with the GLO.

“I hear from constituents that have reached out to the Attorney General’s Office asking for help in response to an assault, robbery or a home invasion or a felony of some sort. And they have yet to get a response from the Attorney General’s Office. Certainly technology and new leadership can help better serve the constituents of the state,” Bush said.

Author: Maggie Glynn
This post originally appeared on KXAN Austin

Trinity County attorney saves baby trapped in flipped car – all during a rain storm

TRINITY COUNTY, Texas (KTRK) — The attorney for Trinity County is being hailed a hero after he jumped into action to save a baby trapped in a car during a major accident in the middle of a rain storm.It happened on Tuesday around 5 p.m. on SH 94 just west of Groveton.

According to Trinity County Sheriff Woody Wallace, attorney Colton Hay saw a driver speeding and passing in a no passing zone as rain was pouring down. He said Hay saw the car hydroplane and flip into a ditch.”The car came to a stop upside down in about a foot of water with oil and other fluids leaking from the car,” wrote Wallace on Facebook.

READ ALSO: Houston man rescues 2-year-old found walking alone at night near I-45 feeder

Hay stopped to help when he noticed there was a baby in the car. Hay, who began serving as a Trinity County attorney in January, recently became a dad himself.

Wallace said Hay used a sledge hammer that he had in his truck to smash in the car window to get the baby out.

“The child was in a car seat, but the car seat was not strapped into the vehicle which created a very unsafe situation for the child,” said Wallace.Hay along with other good Samaritans were able to safely rescue the child. Wallace said the child was sent to the hospital with non-life threatening injuries.

Meanwhile, the driver of the car was arrested by a Texas DPS trooper. Wallace said the driver was charged for driving with an invalid license. Other charges are pending, he said.

The incident remains under investigation.

READ ALSO: UPS driver named Angel saves boy trapped under 90-pound box

Copyright © 2021 KTRK-TV. All Rights Reserved.

Author: KTRK

This post originally appeared on ABC13 RSS Feed

Attorney Dershowitz sues Netflix for $80M over Epstein show 'Filthy Rich'

The lawsuit claims that Netflix intentionally misled his appearance in the series and defamed him by falsely asserting that he had sex with one of Epstein’s victims.

MIAMI — Editor’s Note: The video above is from July 2020.
Attorney and Harvard law professor Alan Dershowitz is suing Netflix for $ 80 million over his portrayal in the streaming service’s “Filthy Rich” series about sex offender Jeffrey Epstein.
The lawsuit, filed Wednesday in Miami federal court, contends that Netflix intentionally misled Dershowitz, one of the lawyers once representing Epstein, regarding his appearance in the series. The suit also claims Netflix defamed him by falsely asserting that he had sex with one of Epstein’s many victims.
Dershowitz, now mainly retired in Miami Beach, says in the lawsuit that accusations by Virginia Giuffre that they had sex are false and that Netflix knew it. Giuffre has been one of Epstein’s most vocal victims.
Dershowitz was one of the lawyers who negotiated a deal allowing the wealthy financier to escape a federal indictment in return for a guilty plea to state prostitution charges in Florida in connection to the dozens of teenage girls authorities say he molested over the years.
But Dershowitz has always denied Giuffre’s claims they had sex.
“Giuffre’s accusations that she had sex with Professor Dershowitz are categorically false, and Professor Dershowitz has denied and disproved the accusations — including under oath subject to the penalties of perjury,” the lawsuit says.
In an emailed response, a Netflix spokesperson said Dershowitz’s lawsuit “is without merit, and we will vigorously defend our partners and the series.”
“Filthy Rich” first became available on the streaming service in May 2020.
Epstein served a relatively short jail sentence on the Florida conviction, which required him to register as a sex offender and settle any lawsuits from his victims.
Years later, Epstein was charged by New York federal prosecutors with sex trafficking and related charges involving his alleged abuse of dozens of teenage girls. He died in August 2019 at a New York jail. His death was ruled a suicide.

Author:
This post originally appeared on CBS8 – Entertainment