VERMONT
Court: State can’t use law to close nuclear plant
MONTPELIER, Vt. (AP) — A federal appeals court has largely upheld a ruling against Vermont’s attempts to close a nuclear power plant in the state.
A decision Wednesday by the New York-based appeals court agrees with a lower-court decision that federal law pre-empts state laws geared toward closing the Vermont Yankee plant.
The court said Vermont’s concerns over nuclear safety were not a legitimate reason to close the plant. Nuclear safety is the sole province of the Nuclear Regulatory Commission under federal law.
The appeals court did reject the plant owner’s complaint that Vermont was trying to tie a new state permit for the plant to getting favorable prices on power from Vermont Yankee. It said that issue wasn’t ripe because no such deal was struck.
New Orleans-based Entergy Corp. owns the plant.
NEW YORK
NY prosecutor, Judge Judy’s son, sues sheriff
CARMEL, N.Y. (AP) — A prosecutor who is the son of TV’s Judge Judy sued the local sheriff for $5 million Wednesday for saying that the prosecutor had interfered in a child rape case.
Putnam County District Attorney Adam Levy said county Sheriff Donald Smith “maliciously attempted to destroy” his reputation.
The sheriff denied defaming Levy. He also said the timing of the lawsuit was “blatantly political” and implied it was intended to damage his re-election campaign.
Levy filed the lawsuit in county court in suburban New York, naming Smith only as an individual, not as a county employee.
The lawsuit stems from a child rape case against Alexandru Hossu, Levy’s former personal trainer. In the court papers, Levy calls him “a close personal friend” and a frequent houseguest of his family in 2011 and 2012.
In March, Levy said he had recused himself from the rape case as soon as he learned that Hossu was under investigation.
But the sheriff alleged that Levy had “ongoing and improper involvement” in the case. He said Levy was “apparently trying to influence and affect the investigation.”
The sheriff issued a news release in March that said, “Mr. Levy’s comments and actions would seem to suggest that, if he could have his own way, Mr. Hossu would never have been brought to justice for his crime and Mr. Levy’s relationship with him would never have been brought to the light of public scrutiny.”
The two officials also battled over Hossu’s address — the sheriff gave out the district attorney’s address, but the lawsuit says Smith knew Hossu did not live there at the time.
Hossu, a 35-year-old immigrant from Romania, faces four charges of first-degree rape. He has pleaded not guilty and defense lawyers have moved to dismiss the case. In addition to the district attorney’s office, Putnam County judges have recused themselves, so the case is being handled by a judge and prosecutors in neighboring Westchester County.
Both Levy and Smith are Republicans. The lawsuit catalogues differences between their offices on issues including the videotaping of suspects’ interviews. It says “Smith’s outward hostility” toward Levy has intensified since 2011.
Smith, who is running for re-election in November, said the timing of the lawsuit is “blatantly political and intended to try to influence the outcome of an election.”
Levy’s mother, Judy Sheindlin, is a retired Family Court judge and the star of “Judge Judy.” She issued a statement Wednesday calling her son “principled, honorable and dedicated.”
“His moral compass is dead center,” she added. “When someone attacks his character professionally or personally they best be prepared to back it up — shut up — or pay up.”
OHIO
Prison to raise trout for zoo penguins, bears
LANCASTER, Ohio (AP) — Ohio prison inmates are taking on a fishy assignment as they prepare to raise trout for penguins, bears and otters.
The partnership announced Wednesday between the Southeastern Correctional Complex in Lancaster and the Columbus Zoo will provide about 300 pounds of frozen trout a month for the zoo’s dozen-plus penguins.
Inmates also will provide about 100 pounds of trout a month for the zoo’s polar bears, brown bears and otters.
Zoo spokeswoman Patty Peters says the frozen trout will replace fish the zoo currently gets from Idaho.
She says the prison partnership calls for smaller trout, from 4 inches to 6 inches long, which is closer to what penguins prefer.
NEBRASKA
Man accused in Omaha slayings to stand trial
OMAHA, Neb. (AP) — A former doctor accused of killing four people with ties to an Omaha medical school will stand trial on four counts of first-degree murder.
Douglas County Judge Darryl Lowe ruled Wednesday that there is enough evidence for Anthony Garcia’s case to go to trial.
Garcia, of Terra Haute, Ind., is charged with four counts of first-degree murder in the 2008 deaths of the 11-year-old son of Creighton University pathologist William Hunter and the family’s housekeeper, as well as the deaths in May of Creighton pathologist Roger Brumback and his wife.
Brumback and Hunter had fired Garcia from the Creighton pathology program in 2001.
RHODE ISLAND
Suspect had previous murder charge dismissed
PROVIDENCE, R.I. (AP) — The man charged with killing two women and kidnapping a 2-year-old boy in Rhode Island has a criminal history that includes a previous murder arrest.
Daniel Rodriguez was charged in the 2003 shooting death of 26-year-old Tyrone Tate in a Providence housing project. Court records show that case was dismissed in 2006 after a witness failed to appear in court.
Rodriguez was also charged in 2007 with the attempted kidnapping of a former girlfriend. WJAR-TV reports that case was dropped when she refused to testify.
Rodriguez is now charged with killing another ex-girlfriend, 40-year-old Evelyn Burgos, and her daughter, 25-year-old Vanessa Perez in Johnston on Sunday. He also is accused of abducting Burgos’ 2-year-old son, Isaiah Perez, who was later found unharmed in Providence.
Burgos recently sought a restraining order against Rodriguez.