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Court for Fla. woman charged in husband's NY death
Criminal Law Updates | 2011/05/06 10:28
Federal prosecutors have been turning up the heat on a Florida woman accused of arranging the 2009 killings of her millionaire husband and mother-in-law.

Narcy Novack of Fort Lauderdale and her brother, Cristobal Veliz of Brooklyn, N.Y., are due in court Friday morning for a status conference.

Novack and Veliz are accused of hiring others to kill Ben Novack in his New York hotel room and Bernice Novack in her Florida home.

Last month, the government added the mother-in-law's killing to the charges against Novack and Veliz. And a prosecutor said another charge — which carries the possibility of the death penalty — may be in store.

Defense attorneys suggested the prosecution was trying to force a guilty plea.

Ben Novack's father built the Fontainebleau hotel in Miami Beach, Fla.


NY man pleads guilty in 2005 samurai sword slaying
Criminal Law Updates | 2011/05/03 12:23

A man about to start a second trial for the 2005 samurai sword slaying of his sleeping stepfather, whom he had accused of sexually molesting him, pleaded guilty Monday to manslaughter.

Zachary Gibian, 24, will be sentenced later this month to 25 years in prison, the Suffolk County district attorney's office said.

Gibian had been convicted of nearly beheading Scott Nager, a retired New York Police Department officer, as he slept on a couch at home in Hauppauge, on Long Island, but the state's highest court sided with an appeals court and ordered a new trial. It faulted the trial judge for not allowing testimony about statements made by Gibian's mother.

Gibian, who gave written and videotaped confessions to police just hours after the February 2005 killing, changed his story on the witness stand. He insisted his mother inflicted the fatal blows on Nager, who had an extensive war memorabilia collection, after she discovered her husband sexually abusing him. Prosecutors said there was no evidence of any sexual abuse in the home.

The mother, Laura Nager, maintained her innocence throughout the trial and wasn't charged.

Gibian claimed that numerous times, beginning when he was about 15, Nager would get drunk and force him to perform a sex act on him — sometimes with a pistol against the boy's head. He testified that his mother learned of the abuse the night before the killing, when she walked in on her husband and son in the teen's bedroom.

A key prosecution witness at the monthlong trial was Gibian's friend Troy "T.J." Harrelson, the son of former New York Mets star and manager Bud Harrelson. The younger Harrelson, who recalled few specific details because of his admitted use of marijuana, cocaine and painkillers, said he went to Gibian's home after his friend called him for a ride on the morning of the killing.

Harrelson said when Gibian got in his car, he admitted he had just killed his stepfather and then asked Harrelson to help him dispose of the murder weapon and other items in a trash bin behind a shopping mall.



More psych evaluation in castration killing case
Criminal Law Updates | 2011/05/02 14:42
A doctor will pay a second visit to a Portuguese model accused of castrating and killing a TV journalist in a Times Square hotel before his lawyer decides whether to pursue a psychiatric defense in the attack.

A psychiatrist visited Renato Seabra this month but needs a second evaluation of the 21-year-old model, defense attorney David Touger said Friday. Seabra was transferred two weeks ago from Bellevue Hospital to jail at Rikers Island, Touger said.

"He is medicated because he has a psychiatric illness. He is doing well under the circumstances that he is under," Touger said after a short pretrial hearing in state Supreme Court in Manhattan.

Seabra, a former contestant on a Portuguese talent-search show, has pleaded not guilty to murder in Carlos Castro's Jan. 7 death. Castro, a 65-year-old Portuguese TV personality and writer, was found dead, naked and bloodied in a room they were sharing.


Investigators suspect Utah doctor killed wife
Criminal Law Updates | 2011/04/29 10:17

A search warrant shows authorities suspect a Utah doctor and lawyer killed his wife by giving her a lethal combination of drugs days after she underwent surgery.

The Deseret News reports that the search warrant filed in 4th District Court earlier this month shows authorities believe Martin MacNeill, who is serving time for identity fraud, had the motive and opportunity to kill his wife, Michele, in 2007.

An investigation is ongoing and he has not been charged in her death.

An initial autopsy attributed Michele MacNeill's death to natural causes after she was found dead in a bathtub in her home.

The new warrant states recent information led a medical examiner to believe drugs found in her system could have been lethal and question if she took the medications willingly.



Ohio man pleads guilty in abortion-gunpoint case
Criminal Law Updates | 2011/04/28 10:38
A man charged under an Ohio fetal homicide law with trying to force his pregnant girlfriend at gunpoint to get an abortion pleaded guilty Thursday to attempted murder, weapons and abduction counts.

Dominic Holt-Reid pulled a gun Oct. 6 on girlfriend Yolanda Burgess, who was three months pregnant, and forced her to drive to an abortion clinic, police said. Burgess, who was 26 at the time, did not go through with the procedure but instead passed a note to a clinic employee, who called police.

Prosecutors had brought their case against Holt-Reid using the state's 1996 law that says a person can be found guilty of murder for causing the unlawful termination of a pregnancy.

Holt-Reid, 28, faces up to 20 years in prison and a $40,000 fine. A presentencing investigation was ordered, and the next hearing was scheduled for June 9.

Holt-Reid had previously pleaded not guilty to charges of attempted murder, kidnapping, improper handling of a firearm and carrying a concealed weapon. His guilty pleas in Franklin County Common Pleas Court came a day after Prosecutor Ron O'Brien told The Associated Press in a statement that a plea deal was in the works.


Ind. school shooting suspect to be tried as adult
Criminal Law Updates | 2011/04/26 10:17
A judge on Monday bound over to adult court a 15-year-old boy accused to trying kill another teen by shooting him at a central Indiana middle school just minutes after posting "today is the day" on his Facebook page.

Michael Phelps, bound by shackles, was led from Morgan Superior Court by sheriff's deputies as members of his family hugged each other and his grim-faced mother left his side and headed for the exits without saying a word.

Phelps was expected to face six felony charges including attempted murder and aggravated battery in the March 25 shooting of 15-year-old Chance Jackson at Martinsville West Middle School, about 30 miles south of Indianapolis.

"The evidence presented would indicate to a reasonable person that is was a cold, calculated and planned act of violence with intent to kill," Morgan Superior Court Judge Christopher Burnham said, reading his 10-page ruling.

Defense attorney Steven Litz had argued that Phelps, who will turn 16 on May 5, should be tried as a juvenile. Litz contended that the teen had a troubled childhood and would emerge from prison far worse than when he entered if convicted as an adult.


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