National Roundup

Georgia Conviction, sentence thrown out for ex-judge MACON, Ga. (AP) -- A former Georgia judge's conviction and sentence in a corruption case has been thrown out by a federal court. A U.S. District Court judge ordered Wednesday that Brooks E. Blitch III be cleared of wrongdoing after he pleaded guilty in 2009 to honest services fraud. Blitch served for nearly three decades as a Superior Court judge in south Georgia but resigned to settle civil misconduct charges by the state. Prosecutors asked the federal court to void Blitch's plea and sentence last fall after the Supreme Court ruled that the law used to convict him only applies to defendants taking bribes or kickbacks. Prosecutors never had evidence Blitch exchanged judicial favors for money. The court also voided the guilty plea of Blitch's former law partner, Berrien Sutton, in the same case. South Dakota State Supreme Court delays Robert execution SIOUX FALLS, S.D. (AP) -- The South Dakota Supreme Court has delayed the execution of one of the men sentenced to die for the killing of a State Penitentiary guard. Forty-nine-year-old Eric Robert pleaded guilty to killing guard Ronald Johnson on April 12 during a botched escape. A judge sentenced Robert to die by lethal injection. His execution had been set for the week of May 13-19. The South Dakota Supreme Court issued a ruling Wednesday that stays the execution so the court can fully review the case. A new date has not been set. The review is part of a mandatory process. Robert has said he will not appeal the death sentence. Two other inmates also have been sentenced in the case -- one to death and the other to life in prison. Oregon Grand jury justifies Portland police shooting PORTLAND, Ore. (AP) -- A Multnomah County grand jury found no criminal wrongdoing by Portland police who shot a man to death Jan. 25 at a downtown Portland parking garage. The Oregonian reports the grand jury issued its ruling Wednesday afternoon after hearing three days of testimony about the shooting of 21-year-old Brad Lee Morgan. Two officers fired shots at Morgan after responding to a 911 call. Morgan had told a dispatcher he had committed a robbery at knifepoint, and that he possibly had a gun and was going to jump off the top of the garage. Police had called negotiators and mental health crisis workers, but before they arrived officers say Morgan pulled out what appeared to be a handgun. Both officers fired. Illinois Federal judge deals blow to Jordan in ad lawsuit CHICAGO (AP) -- A federal judge has struck a blow to Michael Jordan's lawsuit against a Chicago-area supermarket chain over a magazine ad three years ago. U.S. District Judge Gary Feinerman ruled that the ad by Jewel-Osco was "noncommercial speech" and protected by the First Amendment. Jordan sued the chain over the ad that appeared in Sports Illustrated when he was inducted into the Basketball Hall of Fame. The former Chicago Bulls star contends the ad infringed on his trademark and business interests. Jordan's attorney, Fred Sperling, tells the Chicago Tribune that they disagree with the ruling. A Jewel-Osco spokesman says the company is "pleased." Both sides will file briefs next month. A similar lawsuit that Jordan filed against Dominick's Finer Foods LLC over an ad in the same magazine is pending. Louisiana Mistrial in Lake Charles murder case LAKE CHARLES, La. (AP) -- After seven hours of deliberation, jurors in the second-degree murder and attempted second-degree murder trial of Devin Blake Badon told the judge they were deadlocked. The American Press reports state District Judge Kent Savoie declared a mistrial on Wednesday shortly before midnight. Savoie asked the jurors if they thought additional time would make a difference, but they maintained that they were at an impasse. Savoie acknowledged that this was an emotional case, but urged family members to remain calm and not cause any disturbances when leaving the courthouse. Earlier in their deliberation, jurors asked Savoie to give them the definition of reasonable doubt. In a criminal case, the law requires jurors to determine whether or not the prosecution proved its case beyond a reasonable doubt when deciding the fate of the accused. Savoie explained the concept of reasonable doubt when he gave jurors their instructions just before they retired to the deliberation room. Savoie read again from those instructions that reasonable doubt is "doubt based on reason and common sense which is present when after carefully considering all the evidence you cannot say you are firmly convinced of the truth of the charge". After hearing the explanation, jurors again retired to the deliberation room. Jurors previously requested to view the statements of two witnesses, but Savoie said the law does not entitle them to view those items during deliberation. Prosecutors said they will try the case again. If convicted of second-degree murder, Badon faces a mandatory sentence of life in prison. He could face up to 50 years if convicted of attempted second-degree murder. The judge ordered that Badon be held in jail at his current bond amount, which jail record list as $450,000. Badon is accused of being a key participant in the April 13, 2011, fatal shooting of 20-year-old Stephin W. Bergeron. The alleged shooter, 21-year-old David Caleb Fontenot, faces trial in June. Alabama judge scolds lawyers in Australia dive death BIRMINGHAM, Ala. (AP) -- An Alabama judge is scolding lawyers in the trial of a man charged with murder in the drowning death of his wife during their honeymoon in Australia. Judge Tommy Nail says attorneys are wasting time by asking a witness questions he can't answer. Nail says lawyers need to move along with the trial. Nail's comments came Thursday in Birmingham in the trial of 34-year-old Gabe Watson. Watson is charged with capital murder in the death of wife Tina Thomas Watson, who died while scuba diving just days after their wedding. Prosecutors claim Watson drowned the woman thinking he could collect some $210,000 in insurance money. The defense says it was all a horrible accident. A doctor who was at the dive site that day is now on the stand. Published: Fri, Feb 17, 2012