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Today's Date: U.S. Attorney News Feed
Anti-Spam Lawsuit to Be Filed in Virginia
Court Feed News | 2007/04/28 13:53

An anti-spam organization filed a federal lawsuit Thursday targeting so-called spam harvesters, who facilitate the mass distribution of junk e-mail by trolling the Internet and collecting millions of e-mail addresses. The lawsuit was filed in U.S. District Court in Alexandria by a Utah company called Unspam Technologies Inc. The company runs a Web site called Project Honey Pot dedicated to tracking spam harvesters worldwide.

Project Honey Pot has collected thousands of Internet addresses that it has linked to spam harvesters, but it so far has been unable to link those addresses to an actual person.

The lawsuit names a variety of John Does as defendants, and the plaintiffs hope that the legal process will allow them to track the actual people who are harvesting the e-mail addresses, said lead attorney Jon Praed with the Arlington-based Internet Law Group.

Collecting e-mail addresses is not by itself illegal, but Praed said the plaintiffs will be able to link the harvesting to spam e-mails, which are illegal under federal and state laws. Those laws allow individuals who receive unwanted spam to seek civil damages.

Praed said legitimate businesses are afraid to post e-mail addresses on their Web sites for fear that automated Web crawlers will find the addresses, record them and sell them to spammers who will inundate them with junk e-mail.



The Cochran Firm joins suit over tot's death
Headline News | 2007/04/28 11:55

The law firm founded by the late Johnnie Cochran Jr. has joined the team representing a woman whose toddler was shot to death during in a gunbattle between the child's father and a police SWAT team, according to court papers.

Brian Dunn of The Cochran Firm filed papers this week, saying he has joined attorney Luis Carillo in representing Lorena Lopez.

Carillo filed a wrongful-death lawsuit on Lopez's behalf against the city of Los Angeles, Police Chief William Bratton and other police officers. The Cochran Firm has filed numerous lawsuits against law enforcement, including cases that involved officer shootings.

Nineteen-month-old Suzie Pena was killed by a police bullet as SWAT officers exchanged fire with her father, Jose Raul Pena, in 2005. Authorities said that Pena, who also was killed, used the child as a shield during the gunbattle.

In a court hearing Friday, Superior Court Judge Rolf M. Treu denied Carrillo's motion to review investigative reports and witness statements. Deputy City Attorney Christian Bojorquez had argued the documents were confidential.

The civilian Police Commission last year ruled that two officers who fired their weapons early in the standoff violated the department's use-of-force policy.

The district attorney's office declined to file charges against the officers involved in the standoff and shooting, saying they acted lawfully in defense of themselves and others.



UGA settles harassment lawsuit involving athletes
Lawyer Blog News | 2007/04/28 09:51

The University of Georgia reached an out-of-court settlement with a former student who filed a 25 million dollar sexual harassment lawsuit.

The woman -- Tiffany Williams -- claimed U-G-A officials were slow to respond to an alleged assault involving three athletes.

The lawsuit revolves around a 2002 claim that she had consensual sex with former Georgia basketball player Tony Cole in her dorm room. Afterward she told police that former basketball player Steve Thomas and ex-football player Brandon Williams sexually assaulted her.

The lawsuit claimed that school officials exposed her to danger by recruiting Cole even though they knew he had a history of sexual misconduct.

U-G-A attorney Ed Tolley said the settlement was six figures but he did NOT specify the precise figure.

Brandon Williams was acquitted of any wrongdoing and criminal charges against Cole and Thomas were dropped.



Bush Vows to Veto Iraq Troop Withdrawal
Lawyer Blog News | 2007/04/28 08:59

President Bush warned Congress Friday that he will continue vetoing war spending bills as long as they contain a timetable for the withdrawal of American troops from Iraq.

Speaking a day after the Democratic-controlled Congress approved legislation that requires that a troop drawdown begin by Oct. 1, Bush said - as he has before - he will veto it because of that demand. He invited congressional leaders to come to the White House to discuss a new piece of legislation that would not include a timetable, and expressed hope a deal could be reached.

But he made clear that if Democrats insist on including timetables again, he will not hesitate to bring out his veto pen.

``If they want to try again that which I've said is unacceptable, of course I won't accept it,'' the president said during a news conference here with Japanese Prime Minister Shinzo Abe. ``I hope it won't come to that.''

Passage of the Iraq spending legislation in both houses was not by big enough margins to override a presidential veto. So lawmakers and the White House immediately began talking about a follow-up bill.

Democratic leaders said they hoped to have one ready by June 1. Several Democratic officials have said the next measure likely will jettison the withdrawal timetable, but may include consequences if the Iraqi government does not meet certain benchmarks, such as expanding democratic participation and allocating oil resources.

Bush has set benchmarks for the Iraqi government, but has steadfastly opposed attaching any timeframe to them or requiring any actions if they are not met.

Senate leaders said Friday that the bill approved Thursday should go to Bush early next week. The White House has not said whether Bush plans a quiet veto or a public ceremony. Spokeswoman Dana Perino said it was unlikely that Bush would use a Tuesday trip to the Tampa, Fla.-based headquarters of Central Command, which oversees military operations in the Middle East, including Iraq, for the veto.



Monroe County pays $440,000 in jail corruption suit
Lawyer Blog News | 2007/04/28 08:55

A Monroe County Sheriff’s deputy, who alleged in a lawsuit that the jail operation was beset by corruption, has received a $200,000 settlement to resolve the lawsuit.

The county paid another $240,000 to an outside law firm which handled the litigation, which was settled last year.

The county paid the settlement to Deputy Thomas Zembiec, county officials confirmed today.

In a 2004 lawsuit, Zembiec alleged that jail payrolls were falsified so workers were paid for time they didn’t work; that some jail workers possessed and used drugs; and that some high-ranking officials and other jail workers consorted with "temporarily released inmates and persons with criminal backgrounds in order to make money and receive free services."

Zembiec alleged that he was transferred from his job at the downtown jail to the Brighton facility to silence his complaints about corruption at the jail.

He claimed that two nurses at the downtown jail accused him of sexual harassment, and those charges were the official reason for his transfer.



Judge rules against police taping lawyer
Headline News | 2007/04/28 08:49

A judge has ruled that there was not enough probable cause to allow recording of a conversation between an undercover police officer and a defense lawyer as part of an obstruction of justice investigation.

Some attorneys across the state were concerned about the case, worried it could impinge on their ability to effectively represent their clients.

The matter sprang from a domestic assault case involving defendant Terry Russ. After police had trouble locating witnesses in the case, including the victim, they initiated an obstruction of justice investigation. Russ eventually entered into a plea agreement.

But because of telephone conversations between Russ and his mother, Brattleboro police apparently suspected that his lawyer, Eileen Hongisto, may have been involved in the matter as well. Police obtained a warrant allowing an undercover detective to call Hongisto and, taping the conversation, pose as a witness asking if he should testify.

No charges were ever filed against Hongisto over the case.

This week Judge Karen Carroll of Windham District Court ruled that warrant should never have been issued and ordered that the tapes of the conversation be returned to Hongisto.

"A review of the affidavit in support of the search warrant in this matter reveals that it lacked the necessary probable cause to support the belief that Ms. Hongisto was involved in criminal activity or that evidence of a crime would be obtained through a phone call to her by an undercover police officer," according to the ruling.

The judge who issued the warrant, Katherine Hayes, recused herself from ruling on Hongisto's motion that sought the tapes of the conversation.

"I feel totally vindicated," Hongisto said Friday. "I hope by going as far as we did go with this that we protected defense attorneys."

"I knew I hadn't said anything wrong or done anything wrong, but I needed to have the public know that as well," she said.

Hongisto said she is not sure if she will file a civil lawsuit in the matter.

"I haven't thought that far ahead at all," said Hongisto.

Windham County State's Attorney Dan Davis said he did not see the warrant request before it was presented to the judge originally and his office will not appeal the decision reached by Judge Carroll on Tuesday.

"We have followed the judge's direction and returned the audio tapes to attorney Hongisto," he said.

Allegations of a crime must be investigated whether the accused is a lawyer or not, Davis said.

"If, in fact, there is an allegation that someone may be involved in violating the law, that matter ought to be looked into," he said.

But the investigation and tape recording of a conversation with a defense lawyer is unusual, he added.

"This is a very rare event," he said. "This is the only time I am aware of in my 32 years in law enforcement in the state … that this has happened."

Defender General Matthew Valerio said the judge's decision this week was the correct one.

"It vindicates Eileen Hongisto and it frankly supports my opinion and the opinion of many defense counsel that there wasn't probable cause to support the warrant," Valerio said.

"I never got the sense that people were going to practice law defensively" because of the case, he said. "It's not a dimmer switch. You either do it or you don't do it."

As for Hongisto, she said she will continue on in her general law practice.

The danger in the case for the practice of defense lawyers was that they would be blocked from advising their clients about the status of their cases, said Hongisto, who graduated from Vermont Law School and worked as a public defender before going into private practice.

"You wouldn't be able to give accurate and sound legal advice to your client," she said. "If you are not allowed to discuss those options with your client, how can they make an informed and voluntary decision."



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