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Court hearing expected in RI slayings, abduction
Law Firm News | 2013/08/12 15:00
One of two suspects in a weekend double homicide and child abduction was expected to be arraigned Monday in Massachusetts.

Malcolm Crowell, 22, was to appear on a fugitive-from-justice warrant, according to the clerk's office at Fall River District Court.

Crowell and Daniel Rodriguez, 27 or 28, were arrested Sunday in the two slayings and the abduction of 2-year-old Isaiah Perez, who was later found unharmed after a nationwide Amber Alert was issued.

The bodies were discovered about 5:20 a.m. Sunday at a home in suburban Johnston, a town of 30,000 residents less than 10 miles from Providence. The names of the dead were not immediately released, but Johnston Police Chief Richard S. Tamburini said one of the victims was the child's mother.

The boy was found around 8:15 p.m. in Providence after a police officer there spotted him walking around a housing project by himself.

Deputy Police Chief Daniel Parrillo said it was unclear whether the boy's abductor was living in the home, was a guest or was uninvited.


Court asked to safeguard NM mental health audit
Law Firm News | 2013/07/26 10:30
The attorney general's office says an agreement has been reached for State Auditor Hector Balderas to have access to an audit that identified potential overbillings and fraud by behavioral health providers.

Chief Deputy Attorney General Al Lama said Thursday a state district judge in Santa Fe has been asked to issue an order making clear the audit report will be protected from public disclosure once it's provided to Balderas.

The auditor and Human Services Department support the request.

Balderas said his office needs the information in auditing the department's finances. He obtained a subpoena to try to force the department to provide him with the audit done for the agency.

Lama said public disclosure of the audit could jeopardize the attorney general's investigation of allegations against the behavioral health providers.


Appeals court to hear dispute over BP settlement
Law Firm News | 2013/07/07 13:16
A federal appeals court is wading into a high-stakes dispute over the terms of a multibillion-dollar settlement of claims arising from BP's massive 2010 oil spill in the Gulf of Mexico.

A three-judge panel of the 5th U.S. Circuit Court of Appeals is scheduled to hear arguments Monday by attorneys for the London-based oil giant and for Gulf Coast businesses that say the nation's worst offshore oil spill cost them money.

BP asserts that the judge who approved the deal and a court-appointed claims administrator have misinterpreted the settlement, allowing thousands of businesses to secure hundreds of millions of dollars in payments for inflated and fictitious losses.

The result is that thousands of claimants that suffered no losses are coming forward in ever-increasing numbers, seeking and obtaining outrageous windfalls and making a mockery of what was intended to be a fair and honest court-supervised settlement process, company attorneys wrote in their brief for the hearing.


Court reverses verdict in Calif. baby-selling case
Law Firm News | 2013/06/20 15:24
A midlevel California appeals court has overturned the conviction of a Salinas man who allegedly tried to sell his 8-month-old baby in a Walmart parking lot.

The state's 6th District Court of Appeal ruled Friday that the judge who originally heard the case gave incomplete instructions to the jury that ultimately convicted 41-year-old Patrick Fousek of child endangerment, The Monterey Herald reports.

Both Fousek and his girlfriend, Samantha Tomasini, were arrested two years ago when two women reported that Fousek had approached them and asked if they wanted to buy his infant daughter for $25. Fousek's lawyers argued during his 2011 trial that the offer had not been serious, but the appeals court said Monterey County prosecutors had presented enough evidence to support a guilty verdict.

But the court, in its unpublished opinion, said Superior Court Judge Pamela Butler should have been told they needed to agree unanimously on the specific act or acts on which they based their verdict. In Fousek's case, that could have been the proposed sale of the baby, the squalid home in which she was being raised, or the fact that Tomasini allegedly breastfed the little girl while high on methamphetamine.


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