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2 charged in pastor's wife killing say little in court
Law Firm News | 2015/11/25 12:09
Two young men charged in the shooting death of an Indianapolis pastor's pregnant wife gave brief answers to a judge's questions Tuesday during their first court appearance since their arrest.

Marion County Superior Court Judge Grant Hawkins entered not guilty pleas for 18-year-old Larry Taylor Jr. and 21-year-old Jalen Watson and appointed attorneys for the Indianapolis men during their initial hearing on murder, burglary, theft and several other charges. The judge also set a Jan. 8 pretrial conference for both men.

Taylor, who authorities allege fatally shot 28-year-old Amanda Blackburn earlier this month, appeared distracted, swiveling back and forth in his chair. Hawkins told Taylor more than once that he needed to respond clearly and audibly to each of his questions about whether he understood the charges, rather than only "yeah." Watson, however, said "yes" and "yes sir," throughout.

Prosecutors said Taylor and Watson entered through the unlocked front door of Blackburn's home shortly after her husband, Pastor Davey Blackburn, left for the gym about 6 a.m. Nov. 10. A probable cause affidavit says Taylor shot Amanda Blackburn three times, including once in the back of the head.

Watson faces a murder charge because Blackburn was killed during a home burglary and prosecutors allege that he was involved in it.

Marion County Prosecutor Terry Curry said Monday it was not clear whether Blackburn, who was 13 weeks pregnant, had been sexually assaulted; she was found partially nude. Prosecutors have filed a request with the court that seeks to enhance the murder charge Taylor faces, citing that she was pregnant at the time of her killing.

Under the state's request, an additional six to 20 years could be added to Taylor's sentence if he is convicted or pleads guilty to the murder charge, and the jury or judge finds that prosecutors have proven that Taylor caused the termination of her pregnancy.


Federal Court Rules Wisconsin Abortion Law Unconstitutional
Legal World News | 2015/11/23 12:08
A Wisconsin law that requires abortion providers to get admitting privileges at nearby hospitals is unconstitutional, a federal appeals court panel ruled Monday.

The 7th U.S. Circuit Court of Appeals panel's 2-1 decision doesn't put the question to rest. Nearly a dozen states have imposed similar requirements on abortion providers, and the U.S. Supreme Court agreed last week to hear a challenge to Texas' law in a case that could settle the issue nationally.

The Wisconsin case centers on a lawsuit filed by Planned Parenthood and Affiliated Medical Services. The groups argue that the 2013 law amounts to an unconstitutional restriction on abortion.

The law's supporters counter the Republican-backed statutes would ensure continuity of care if a woman developed complications from an abortion and needed to be hospitalized. But the lawsuit said the statute would force AMS's clinic in Milwaukee to close because its doctors couldn't get admitting privileges. That in turn would lead to longer waits at Planned Parenthood clinics. Therefore, the lawsuit maintained, the law amounts to an illegal restriction on abortions.

U.S. District Judge William Conley sided with the abortion providers in March, saying the law served no legitimate health interest. The Wisconsin Department of Justice later appealed to the 7th Circuit.

Writing for the 7th Circuit majority, Judge Richard Posner called the contention that the law would protect women's health "nonexistent." He said the law would put more women in danger by increasing the waiting times for abortions, which could push some procedures into the second trimester.


Lawyer: Don't judge Chicago officer based on shooting video
Legal World News | 2015/11/22 12:08
An attorney for a white Chicago police officer who shot a black teenager 16 times says his client acted lawfully and urges the public not to rush to judgment based solely on a video of the shooting that's to be released within days.

Attorney Dan Herbert told reporters Friday that Officer Jason Van Dyke is — in his words — "scared to death." Herbert says the officer is concerned about the safety of his wife and two school-age children in the event the video prompts violence.

A judge on Thursday ordered the city to release squad car dashcam video of 17-year-old Laquan McDonald's 2014 shooting.

Herbert says the video doesn't capture the whole confrontation.

Van Dyke has been stripped of his police powers, but remains at work on desk duty.


Detroit-area ex-officer found guilty in videotaped beating
Legal Information | 2015/11/22 12:07
A white, former Detroit-area police officer was found guilty Thursday of assault and misconduct in the bloody beating of a black driver during a traffic stop that was captured on video.
 
Wayne County jurors handed down the verdict in the case against William Melendez, who was charged in the January beating of Floyd Dent. Police stopped Dent, 58, in the Detroit suburb of Inkster for disregarding a stop sign, and dashcam video from a police vehicle shows Melendez punching him 16 times in the head.

It wasn't until after WDIV-TV aired the footage in March that Melendez was fired. Inkster later agreed to pay $1.4 million to Dent, who suffered broken ribs, blood on his brain and other injuries.

The jurors found Melendez guilty of assault with intent to do great bodily harm and of misconduct in office. They cleared him of a charge of assault by strangulation.

The packed courtroom was largely quiet after the verdict was read, following Judge Vonda Evans' orders to neither "cry out" nor "applaud" out of respect for the jury. Melendez's wife rushed out of the courtroom, invoking Evans' ire and a demand that she return and "sit down."

Evans ordered Melendez to jail pending his Dec. 3 sentencing. Beforehand, defense attorney James Thomas argued that Melendez "is not a danger to the community" and posed "no risk of flight."

Thomas told reporters after the verdict that despite his disappointment, Melendez "remains upbeat" and "resolved." Thomas said he plans to appeal the verdict after sentencing.

Melendez did not testify during the eight-day trial, but his attorney said the officer was justified in the assault because Dent was aggressive and resisting police. Other officers and a criminal justice professor testified that the beating was reasonable because Dent was resisting arrest.

But Vicki Yost, who was chief of police at the time of the beating, said Melendez's actions were unnecessary, based on the video.


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