New Mexico: Martinez faces another lawsuit over regulations
SANTA FE, N.M. (AP) — Republican Gov. Susana Martinez is facing another lawsuit Thursday by environmental groups who contend she is illegally stopping newly approved pollution control measures from taking effect.
A coalition of groups, including Amigos Bravos and Caballo Concerned Citizens, asked the state Supreme Court to order her administration to move ahead with publishing new groundwater regulations governing discharges by dairies.
The rules were approved last month by the Water Quality Control Commission under former Democratic Gov. Bill Richardson’s administration and were to be published Friday, to take effect at the end of the month.
The Martinez administration, however, halted the publication of the dairy rules and other pending regulations after she took office.
A lawsuit was filed this week over the administration’s handling of regulations to curb greenhouse gas emissions, and the Supreme Court on Thursday said it would hear arguments in that case on Jan. 26.
Both lawsuits contend that Martinez has exceeded her powers by blocking the publication of rules after they were adopted by regulators.
Scott Darnell, a spokesman for Martinez, said publication of the rules has been postponed temporarily while the administration reviews all pending regulations.
Minutes after taking office on Jan. 1, the governor issued an executive order to suspend pending and proposed regulations for 90 days while they are reviewed by a task force.
Jonathan Block, a lawyer for the New Mexico Environmental Law Center, which represents the groups bringing the lawsuit, said state law requires rules to be published in the New Mexico Register after they were adopted and filed with the State Records Center.
“The governor cannot circumvent the law or expand her powers by executive order,” said Block.
The Supreme Court has asked the Martinez administration to file a response to the lawsuits.
No hearing has been set for the case involving dairy regulations, but Block said he hoped the court would make it part of the hearing over the greenhouse gas regulations.
Pennsylvania: Police: Man recorded girl, 14, in shower
NEW CASTLE, Pa. (AP) — Police say a western Pennsylvania man recorded video of a 14-year-old girl he was babysitting by using a hidden camera when she showered.
Shenango Township police charged 41-year-old Chad Tillia with the video sex crime, corruption of minors, and other charges on Thursday, stemming from the alleged incident earlier this month.
The New Castle News says court papers indicate the girl noticed the pen-shaped camera duct-taped in the bathroom where she showered, so she took it and gave it to a friend to keep until the girl’s mother returned from vacation. After the girl’s mother watched the video, she contacted police.
Nobody answered the phone at Tillia’s home in Portersville on Friday.
Indiana: Feds claim Gary man bilked Medicaid for $1.9M
GARY, Ind. (AP) — Federal prosecutors say a Gary man defrauded Indiana Medicaid of $1.9 million by filing false billing claims.
An indictment filed Thursday in U.S. District Court in South Bend charges 59-year-old Ebb Greenwood with two counts of falsely billing Medicaid and two counts of conspiracy.
The Post-Tribune of Merrillville said the indictment did not name any members of the conspiracy.
The indictment says Greenwood from 2006 to 2010 sent fake bills to Medicaid, asking the government health insurance plan to reimburse Gary-based Human Services Transport Providers for services it never provided.
Court records did not say if Greenwood has been arrested or if he has had an initial court appearance.
Greenwood does not have a published telephone number and he could not be reached for comment Friday.
Wisconsin: Jury rules death of farmer likely a crime
FOND DU LAC, Wis. (AP) — A jury in Fond du Lac County has ruled the death of a farmer, run over by a tractor driven by his son, is likely a crime.
Jurors returned the verdict Thursday following testimony on the August death of 59-year-old Lee Batterman. The jury found probable cause that Batterman’s 26-year-old son, Michael, committed the crime of reckless homicide or homicide by negligent use of a motor vehicle. The verdict is advisory to the district attorney, who will decide whether charges are warranted.
The Reporter says Michael Batterman testified his father was playing a “game of chicken” when he stood in front of the tractor his son was driving at the family’s farm. The younger Batterman says he expected his father to get out of the way, but he didn’t.
New York: ACLU seeks NY contempt ruling vs CIA
NEW YORK (AP) — A federal judge is set to hear arguments on the American Civil Liberties Union’s request that he hold the CIA in contempt of court for destroying videotapes depicting the interrogations of detainees.
Judge Alvin Hellerstein will hear the arguments Friday in Manhattan. The ACLU’s contempt motion was put on hold while the government investigated the destruction of the tapes.
The hearing can be conducted because Assistant U.S. Attorney John Durham has announced he will not charge anyone criminally in the destruction.
The ACLU says it will also argue that the Defense Department has not met the burden required to continue withholding photos depicting detainee abuse in U.S. custody throughout Iraq and Afghanistan.
Those arguments cite the Protected National Security Documents Act of 2009.
Oklahoma: Tulsan convicted of killing innocent bystander
TULSA, Okla. (AP) — A Tulsa man has been convicted of second-degree murder in the shooting death of a man in a wheelchair who police say was an innocent bystander.
A Tulsa County jury found Amos Adetula Jr. guilty on Thursday in the July 7, 2009, shooting death of 54-year-old Norris Lynn Walton. Police say Walton was passing through a gas station parking lot when he was shot.
The Tulsa World reported that Adetula was also convicted of assault and battery in the wounding of Joseph Doyle in the same shooting. Prosecutors say Doyle was the target of the gunfire.
Prosecutors say Adetula opened fire from the back seat of a car as it passed the parking lot. Adetula admitted having a gun and being in the car — but denied firing the gun.
