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In the continuing saga of NBC's prejudicial editing of George Zimmerman's call to police to report a suspicious person, Trayon Martin, TV Newser reports NBC reporter Lilia Luciano has been fired. But keep reading, I have additional information and transcripts with sourcing to NBC shows.
First, backing up to April 9, I reported that the mangled edit used in a Today Show segment on March 27 was also used in a March 22 Today Show segment during a report with Lilia Luciano, who was reporting live from Sanford. Here's the March 22 transcript.
According to TV Newser, a different version of the mangled edit appeared in a Luciano segment on the Today Show on March 20. So we're up to three airings of clips with Zimmerman comments taken out of sequence on the Today Show. [More...]
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The Government continues to put on witnesses describing the tawdry affair of John Edwards and Rielle Hunter. Yesterday witnesses focused on the effect of the affair on Elizabeth Edwards. While an aide also testified to Edwards' first meeting with Bunny Mellon in 2005, Edwards isn't charged with receiving illegal contributions until 2007.
What was the purpose of detailing Elizabeth Edwards' humiliating moments in a parking lot, at an airport, and in a car en route to the airport? Is the Government accomplishing anything by this intense focus on the affair and strife in the Edwards' marriage other than decimating the character of John Edwards? If so, what? [More...]
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Bump and Update: Mr. Chong has filed a a notice of his intent to sue and claim with the DEA (a prerequisite to filing a lawsuit under The Federal Tort Claims Act) seeking up to $20 million in damages. You can read it here. The DEA has issued an apology, and promised a thorough review.
In addition to traditional tort claims, his notice alleges torture in violation of the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 and Convention Against Torture. The FTCA (28 USC 2675) allows recovery for pain and suffering, psychiatric and medical expenses, etc.
The actions of the officers give rise to the following causes of actions among others: intentional infliction of emotional distress, negligence, negligent infliction of emotional distress, and a Bivens cause of action for violation of Daniel Chong's rights under the Fourth and the Fifth Amendments for excessive force, unreasonable detention and unlawful seizure of his person.[More...]
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Whoops. Yesterday Andrew Pettitte testified at Roger Clemens perjury trial that "Roger had mentioned to me that he had taken HGH."
Today, on cross-examination, he said he may have misheard Clemens.
Asked by Clemens' lawyer if it was fair to say it was "50-50" that Pettitte misunderstood the conversation from about a dozen years ago, Pettitte responded, "I'd say that's fair."
Isn't that exactly what Clemens told Congress -- that Pettitte "misremembers" their conversation?
Newsday reporter Jim Baumbach is in court and has a running account on Twitter of the testimony and objections. Baumbach writes the prosecutor didn't follow up on Pettitte's comment on redirect (which surprised the judge) and Clemens' lawyers will be filing a motion to strike Pettitte's testimony.
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The Government's next witness after Cheri Young is expected to be former Edwards aide Josh Brumburger. Brumburger was with Edwards at the Regency when Rielle Hunter came over to introduce herself. Brumberger was wary of Rielle and expressed his concerns to Edwards. Ultimately, Edwards fired Brumberger.
You can read the supposed backstory in this lengthy excerpt from Game Change by Josh Heilemann and Mark Helperin.
From the Government's Exhibit list, it appears the Government will introduce e-mails between Brumberger and Edwards staff members and two e-mails between Brumberger and Rielle Hunter regarding Russell Simmons. Also, Brumberger sent an email to someone on May 10, 2006 about "Bunny said no on plane." [More...]
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As John Edwards attorneys challenged Cheri Young's memory and version of events at trial today, including questioning her about Andrew Young's memory issues due to use of alcohol and Ambien, they also filed a motion to strike some of the testimony she gave yesterday. Alternatively, they are asking the Court to give the jury a limiting instruction as to the purposes for which it can her statements. The motion is available on PACER.
Of particular concern to the defense is Mrs. Young's testimony corroborating what her husband told her about whose idea it was for Young to claim he was the father of Rielle Hunter's child back in December, 2007. [More...]
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One of the reasons I warn commenters here not to attack the character of Trayvon Martin is that I don't think it will come up at trial, and I'm following and attempting to analyze the legal proceedings. Mark O'Mara has made it clear he would not be raising Trayvon's character at trial. If it's not an issue in the legal case, I see no reason to speculate about it.
Today O'Mara makes it clearer. He lists what people won't find on the new website and social media pages he established for the case:
[More...]We Will Not Comment On The Character of Trayvon Martin, His Family, or His Supporters
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Here is the state's motion for a gag order in the George Zimmerman case. The Court's minutes from April 29 state the motion was not "entertained." [More...]
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Week 2 is underway in the trial of John Edwards. Andrew Young's wife, Cheri Young, continued her testimony this morning.
“I heard Mr. John Edwards tell me on the phone that he checked with the campaign lawyers and that this was legal,” said Cheri Young, who was on the witness stand for a second day of questioning by prosecutors.
More on her testimony here. Her husband, Andrew Young, testified similarly last week when he said Edwards told him he thought the contributions were legal. [More...]
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A lawyer for the media is claiming States Attorney Angela Corey missed the 15 day deadline for providing discovery to George Zimmerman. The media wants access to the documents under Florida open records laws, which the media maintains must be made available to it 15 days after the defendant files his request.
When denying requests from the public for the Zimmerman discovery records Friday, Corey's office told Local 6 Florida law allowed her to keep the records secret using a criminal investigative exemption because "no records have been provided to the defendant." But Ponce, who specializes in public record law, believes that Corey can no longer use that reason to withhold records from the public, now that the 15 day discovery deadline has passed.
The problem with the media's argument, according to O'Mara, is that he told Corey to delay giving him the documents and hasn't yet received them. O'Mara issued this statement on the website he established for the case, in which he defends Corey. [More...]
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From Fox News: Sex tape at Edwards trial? Defense, prosecution wrangle over its admission. The article falsely states:
Opposing lawyers in the John Edwards trial wrangled Friday over whether to allow into evidence a sex tape of the former presidential candidate and allegations of an extramarital affair involving an ex-aide who is the prosecution's chief witness.
No one is trying to admit the tape. The battle is over testimony about the tape. Team Edwards wanted to question Andrew Young about statements he had made about the tape. [More]
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A Peru Court will hold a hearing May 8 on a request by the U.S. for the extradition of Joran van der Sloot, who is serving a 28 year sentence for the murder of Stephany Flores. Van der Sloot is charged in federal court in Alabama with extortion of money from Natalee Holloway's mother and wire fraud, following a sting operation by the FBI and Holloway's lawyer. The Indictment is here. Joran has never been charged anywhere with the murder of Natalee Holloway, thus he is presumed innocent of that crime.
The media reports if granted, Van der Sloot will be tried in the U.S., then returned to Peru to finish serving his sentence, and then, assuming he has been convicted in the U.S., returned to the U.S. to serve the sentence imposed here.
Here is the extradition treaty. It provides:
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