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Man to plead guilty to slaying of 10-year-old girl
Criminal Law Updates | 2007/04/10 07:56

A man accused of killing his family will plead guilty to the abduction and murder of a ten-year-old girl, his attorney said. Simon Rios, 35, will plead guilty in Delaware County in the death of Alejandra Gutierrez to avoid the death penalty, attorney Michelle Kraus said Monday. Prosecutors will agree to sentence Rios to life in prison, she said. Rios' trial was scheduled to begin April 23. He is charged in the murder and rape of Gutierrez, who lived in Rios' neighborhood and went missing Dec. 8, 2005. Her body was found in a wooded area near Muncie.

Rios also is accused of killing his 28-year-old wife, Ana Casas, and the couple's three daughters on Dec. 13, 2005, after he and Casas argued over his household duties. His trial is scheduled for October, and prosecutors in that case are seeking the death penalty.



TV host pleads guilty in $20M bogus art scam
Court Feed News | 2007/04/10 07:07

A La Canada Flintridge TV host who used a satellite cable show to sell fake prints supposedly signed by such artists as Picasso and Dali pleaded guilty today to federal charges. Kristine Eubanks, 49, is scheduled to be sentenced Sept. 24, when she faces up to 10 years in prison.

She and her husband, Gerald Sullivan, who pleaded guilty last week, admitted in their plea agreements that they conned more than 10,000 buyers through their "Fine Art Treasures Gallery" show, which aired Friday and Saturday nights on DirecTV and The Dish Network.

Despite the claims on the show, the supposed fine art prints were either bought by the couple or forged at a print shop, according to the government.

Eubanks and Sullivan, 51, fabricated certificates of authenticity and appraisals, and the works bore fake signatures, according to the government.

In pleading guilty, the couple also admitted running up the prices of the fake works by creating fake bids for live auctions.

Eubanks entered her guilty plea to tax evasion and one count of conspiracy. Sullivan pleaded guilty to conspiracy and failing to file tax returns, and faces up to six years in prison, according to the U.S. Attorney's Office.

Sullivan, whose sentencing is also set for Sept. 24, is free on bond. His wife, who was on probation when arrested in the art case, remains in custody.

Eubanks' attorney, Donald Randolph said outside court that his client "acknowledged her guilt in these actions today."

Randolph said he will attempt to convince U.S. District Judge Florence- Marie Cooper to "take other factors" from his client's life into consideration at sentencing, but he declined to elaborate.

In addition to the possible prison time, the couple has agreed to forfeit nearly $4 million and various pieces of art seized during the investigation.



Olympic gold medallist admits bank fraud
Court Feed News | 2007/04/10 07:06

Montgomery, 32, was indicted for conspiracy for depositing or trying to deposit three checks worth $775,000 into an account he controlled. He was one of 11 co-conspirators named in the indictment, including Montgomery's former track coach, 1976 Olympic gold medallist Steven Riddick. Montgomery pleaded guilty to one count of conspiracy and two counts of bank fraud, for which he could face up to 46 months in prison. His lawyers said the guilty plea "reflects his minor role in the charged bank fraud conspiracy."

Montgomery's plea agreement does not force him to cooperate with prosecutors, and his lawyers said he has no plans to testify in the trial of the other defendants, scheduled to begin on Tuesday at U.S. District Court in Manhattan.

"I sincerely regret the role I played in this unfortunate episode. I have disappointed many people, and for that I am truly sorry," Montgomery said in a statement.

The scheme involved a couple, Douglas Shyne and Natasha Singh, who are accused of receiving stolen checks, altering legitimate checks and receiving copies of checks that had been processed by bank employees, which they then counterfeited, prosecutors said.

The conspiracy involved approximately 20 checks totaling more than $5 million, prosecutors said.

In 2000, Montgomery won a gold medal as a member of the United States 4x100-metre relay team. Two years later, he set a 100m world record of 9.78 seconds, but the time was erased from the record books after the US antidoping agency found him to have received steroids. He retired from the sport immediately afterward.



State Sen. Wayne Bryant pleaded not guilty
Legal Career News | 2007/04/10 07:01

One of the most powerful politicians in Southern New Jersey pleaded not guilty to federal corruption charges. Senator Wayne Bryant is accused of using his clout as head of the Senate Budget Committee to steer millions in grants to two state schools that gave him no-show jobs. During a court hearing this morning in Trenton, Bryant pleaded not guilty to the fraud, bribery and pension-padding allegations. Also charged in the case is former UMDNJ Dean R. Michael Gallagher of Haddonfield. He also entered a not guilty plea Monday, as expected. U.S. Attorney Christopher Christie alleges Bryant and Gallagher both gained financially from their relationship with the school.



DOJ and Inova Fairfax Hospital Reach Settlement Agreement
Legal Career News | 2007/04/10 06:08

The Department of Justice today announced a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with Inova Fairfax Hospital, a hospital serving the Virginia suburbs of Washington, D.C. The settlement agreement, which is designed to ensure effective communication with patients or companions who are deaf or hard of hearing, resolves allegations that the hospital did not appropriately respond to an incident involving a patient who was hearing-impaired.

"Patients and their families need to be able to communicate with medical providers for proper diagnosis and treatment," said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. "This agreement should serve as a model for other hospitals to make certain that individuals who are deaf or hard of hearing have equal access to medical care and treatment as required by the ADA."

The settlement agreement resolves allegations that the hospital did not appropriately respond to requests to provide a qualified sign language interpreter for the deaf mother of a pregnant patient who had been involved in a car accident. Approximately 30 minutes after arrival, while still in the ER, the patient expressly requested a sign language interpreter for her mother; however, Inova failed to call for an interpreter until 5 ½ hours after the initial request. This forced the patient to act as the interpreter for her mother at the same time that the patient was receiving distressing news about her own condition.

Under the agreement, the hospital will provide auxiliary aids, when needed, to family members and companions as well as to patients; assess the communication needs of individuals with speech or hearing impairments upon their arrival or at the time an appointment is scheduled; and provide qualified interpreters (on-site or video interpreting) as soon as possible (and within specified time limits) when necessary for effective communication, especially in circumstances involving lengthy or complex interactions such as admissions and detailed discussions of symptoms, diagnosis and treatment. The hospital has also agreed to pay the patient and her mother a total of $55,000 in damages.

"Effective communication is particularly critical in the health care setting," said Chuck Rosenberg, U.S. Attorney for the Eastern District of Virginia. "We are committed to ensuring that individuals with disabilities and their families are not subjected to unequal treatment because of poor communication with medical personnel about their symptoms, diagnoses and treatment."

Title III of the ADA applies to private entities such as hospitals and other medical care facilities and, among other things, requires that private entities such as hospitals ensure effective communication with persons with speech, hearing and vision impairments. People interested in finding out more about the ADA or the agreement can call the Justice Department's toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA Web site at http://www.ada.gov.



Judge Nixes Conrad Black Mistrial Motion
Lawyer Blog News | 2007/04/10 00:55

Judge Amy St. Eve of the US District Court for the Northern District of Illinois denied a motion Monday for a mistrial in the prosecution of Canadian-born former media mogul Conrad Black on fraud charges. John Boultbee, a former associate of Black and his current co-defendant, requested a separate trial from Black in addition to the motion for a mistrial in Black's case. Both pleas were rejected.

Boultbee, the former CFO of Hollinger International, stands accused of illegally diverting more than $80 million from Hollinger and its shareholders during Hollinger's $2.1 billion sale of several hundred Canadian newspapers. Two years ago, Boultbee joined Black, former legal executive Mark Kipnis, and former VP Peter Atkinson in pleading not guilty to fraud charges. A fifth defendant, former Hollinger President David Radler, pleaded guilty to the charges and agreed to testify for the government.



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