Colorado: Prosecutors argue military im postor law is valid
DENVER (AP) — Prosecutors trying to preserve a federal law aimed at military impostors say the act won’t discourage legitimate free speech because it targets only deliberate falsehoods.
The U.S. attorney in Denver is asking the 10th U.S. Circuit Court of Appeals to uphold the Stolen Valor Act, which makes it a crime to falsely claim to have won a military medal.
A lower court ruled in July the law violates the First Amendment. Prosecutors appealed and filed their opening arguments late Monday.
The case involves a Colorado man who was charged with violating the law by claiming to be an ex-Marine who was wounded in Iraq and received two medals. The military had no record he served.
The law is also being challenged in a separate case in California.
Ohio: Ex-Sunshine Band member gets 7 yrs. in sex case
NEWARK, Ohio (AP) — Telling a judge he was embarrassed, disgusted and ashamed, a former member of KC and the Sunshine Band has been sentenced in Ohio to seven years in prison for sex charges involving teen boys.
Bassist and music producer Richard Finch entered pleas of no contest in Licking County Common Pleas Court on Monday to unlawful sexual conduct with a minor and several other charges.
His voice breaking, the 56-year-old Finch apologized to a judge and the teens, saying he had little memory of the activities because he was impaired by alcohol.
The multiple Grammy Award winner was arrested in March after police said a boy reported that he’d had sexual contact with Finch at the man’s home in Newark in central Ohio. They said Finch later admitted he’d had sexual contact with boys ranging in age from 13 to 17.
Finch told the judge he takes “responsibility 100 percent” for his conduct and that it was less than his character.
“I am very proud of the legacy in the music business that I have created, but sadly because of my stupidity while under the influence of alcohol, I will not be remembered for that contribution and, rather, I will be remembered for this unfortunate moment in time,” Finch said. “It is my own fault and I will work hard to regain trust and respect from those I let down, including myself.”
He removed his glasses and wiped away tears just before the judge handed down the sentence.
The Newark Advocate reports court records say Finch paid a 15-year-old boy $100 for sexual acts in a closet of his home where guitars are stored.
The records say that Finch had told teens “The music industry is all about sex and drugs” and “If you tell your parents, they’re going to ... freak out, they are older and they are not in the business.”
Finch formerly played bass for KC and the Sunshine Band, best known for 1970s disco and funk hits including “Shake Your Booty,” “Get Down Tonight” and “That’s the Way (I Like It).”
New York: Pro football great appears in court
NEW CITY, N.Y. (AP) — Pro football great Lawrence Taylor has appeared in a suburban New York court. His lawyer wants the judge in Taylor’s rape case to dismiss the indictment.
Taylor signed an autograph on his way into the courthouse in New City, N.Y., on Tuesday. But he did not speak.
Lawyers spent most of their time in a sidebar discussion with the judge. Taylor’s next appearance will be Dec. 23.
The former NFL MVP is accused of having sex with a 16-year-old prostitute in a hotel room in May. He has pleaded not guilty.
Defense attorney Arthur Aidala (eye-DAH’-luh) has filed a motion claiming that Taylor’s arrest violated his rights. The motion says Taylor was asleep and alone when police entered without a warrant.
Washington: Senate takes up impeachment of Louisiana judge
WASHINGTON (AP) — The Senate is beginning the final stage of the impeachment trial of a Louisiana judge accused of corruption.
The rare trial in the chamber could make G. Thomas Porteous just the eighth federal judge to be removed from the bench. The House voted unanimously in March to bring four articles of impeachment against him. A two-thirds Senate vote is needed to convict.
House prosecutors say Porteous had a gambling problem and began accepting cash and other favors from attorneys and bail bondsmen doing business before his court.
Defense lawyers have sought to portray his behavior as business as usual in the New Orleans-area legal community.
The Senate planned to hear closing arguments Tuesday and vote Wednesday.
Montana: State, defense say execution should be delayed
HELENA, Mont. (AP) — Attorneys for the state and for death-row inmate Ronald A. Smith are asking the Montana Supreme Court to block his Jan. 31 execution while he challenges the state’s execution method.
District Judge John Larson of Missoula set the execution date for Smith last month, just two days after District Judge Jeff Sherlock of Helena issued an order staying Smith’s execution.
Larson asked the Supreme Court to intervene, arguing only the sentencing court has the power to stay an execution.
Lee Newspapers of Montana reports lawyers for Smith and the state submitted briefs Monday arguing that the case challenging the constitutionality of the death protocol needs to be decided before an execution date can be set.
Smith has been sentenced to die for the 1982 murders of two Browning men.
Washington: Trial begins for 5 Bangor anti-nuke protesters
TACOMA, Wash. (AP) — Trial began Tuesday in federal court in Tacoma for five anti-nuclear weapon protesters who cut through a fence at the Navy’s Trident submarine base at Bangor.
The Kitsap Sun reports the five were charged Sept. 2 with trespassing and destroying property. They have pleaded not guilty and could face more than six years in prison if convicted.
They are 82-year-old Catholic priest Bill Bichsel of Tacoma, 84-year-old nun Anne Montgomery of New York, 66-year-old Susan Crane of Baltimore, 61-year-old Lynne Greenwald of Tacoma, and 61-year-old Stephen Kelly of Oakland, Calif.
Court documents say the five cut through a perimeter fence Nov. 2, 2009, to reach an area near where nuclear warheads are stored.
