California
Firefighter files defamation claim over crash death
SAN FRANCISCO (AP) — A San Francisco firefighter has filed a legal claim alleging fire officials falsely identified her to the media as the person responsible for killing a 16-year-old survivor of the Asiana Airlines crash.
According to Elyse Duckett’s claim, fire officials wanted to protect the firefighter who first ran over Ye Meng Yuan and was responsible for her death.
The San Francisco Chronicle reported the claim on Monday. The newspaper reports footage shows Duckett’s rig was the second to roll over Meng Yuan, who was covered in fire foam. The girl was one of three people killed in the July 6 crash.
Such claims are generally precursors to lawsuits. Duckett is seeking $300,000 in damages.
City and fire officials didn’t immediately respond to messages left early Tuesday by The Associated Press.
Florida
October retrial for ‘Big Tony’ in Boulis killing
FORT LAUDERDALE, Fla. (AP) — An October date has been set for the retrial of Anthony “Big Tony” Moscatiello in the mob-style slaying of a prominent South Florida businessman.
Moscatiello was dismissed from last year’s trial in the 2001 slaying of Konstantinos “Gus” Boulis because his attorney became ill. Broward Circuit Judge Ilona Holmes on Tuesday set testimony to begin Oct. 13, with jury selection starting Sept. 15.
Anthony “Little Tony” Ferrari was convicted of murder and sentenced to life in prison. Moscatiello could get life or the death penalty if convicted. A third suspect pleaded guilty to murder conspiracy and testified for prosecutors in return for a lenient sentence.
Testimony showed Boulis was slain during a power struggle over the SunCruz Casinos gambling fleet. Boulis also founded the Miami Subs restaurant chain.
Wisconsin
Appeals court upholds evidence from drug search
MADISON, Wis. (AP) — A Wisconsin appeals court has upheld a Milwaukee man’s drug conviction, saying evidence from an improper search of his house was admissible.
Police went to Gary Scull’s home with a drug-sniffing dog in 2010 after they got a tip from an informant. A detective walked the dog around the house and the dog alerted on the front door. The officers left, returned with a search warrant and found drugs and drug paraphernalia in the house.
Scull was convicted on cocaine and drug house charges. He argued police conducted a warrantless search.
The 1st District Court of Appeals ruled Tuesday the warrant wasn’t valid but evidence from the search was still admissible because police believed in good faith that their conduct was constitutional.
Scull’s attorney didn’t immediately return a message.
Iowa
Appeals court backs 42-years for predator
CEDAR RAPIDS, Iowa (AP) — An appeals court has upheld a 42-year prison term for a former Iowa college student convicted of using the Internet to sexually exploit and extort teenage girls.
The 8th U.S. Circuit Court of Appeals said Friday the sentence for Lucas Robinson was reasonable.
U.S. District Judge Linda Reade sentenced Robinson last May, calling him a child predator who deserved the stiffest sentence she could give.
Robinson met at least 12 girls from across the country through social media and coerced them into sending him graphic photos and videos. Robinson then threatened to release the images to classmates, friends and family if they didn’t make even more sexually explicit images. He extorted one Iowa girl into having sex with him.
Robinson was a student at Mount Mercy in Cedar Rapids.
Minnesota
Teen defendant in July slaying gets probation
WILLMAR, Minn. (AP) — A teen who acted as a lookout while his friend’s grandmother was killed in her Willmar home has been sentenced to probation and community service.
Sixteen-year-old Devon Jenkins earlier pleaded guilty to unintentional second-degree murder in adult court. A Kandiyohi County judge on Monday sentenced Jenkins to complete a youth correctional program, perform 100 hours of community service and serve probation until age 21.
The Star Tribune reports Jenkins is the youngest of three defendants in the death of 79-year-old Lila Warwick. Prosecutors say her own grandson, 18-year-old Robert Warwick, came up with the plan that led 19-year-old Brok Junkermeier to choke and stab the woman last July. Junkermeier’s trial is in March. Warwick’s has not been scheduled.
Wisconsin
Former deputy convicted of assaulting child
WAUSAU, Wis. (AP) — A former Langlade County deputy sheriff has been convicted of sexually assaulting a child.
In a plea deal with prosecutors in Marathon County, 26-year-old Michael Brayton, of Gleason, pleaded guilty to second-degree sexual assault of a child in court Monday. Twenty-one other counts, including child enticement, were dismissed. Some will be considered during sentencing.
Assistant District Attorney Theresa Wetzsteon tells WAOW-TV says the exposure charges involve three other girls and were dismissed because of a recent state appeals court ruling which said sending photos of genitals in text message is not exposure under the law.
The maximum punishment for second-degree sexual assault of a child is 40 years in prison. Sentencing is scheduled April 11.
New Jersey
Court to hear ex-prosecutor’s firing appeal
JERSEY CITY, N.J. (AP) — A New Jersey appeals court is scheduled to hear arguments by a former assistant county prosecutor who claims he was fired for political reasons that may have reached all the way to the governor’s office.
Ben Barlyn sued the state over his firing from the Hunterdon County prosecutor’s office in 2010.
Barlyn claims he was retaliated against because he complained about the dropping of an indictment that touched on a member of Gov. Chris Christie’s transition team, although the person was never charged.
The 43-count indictment was handed up by a grand jury against the county sheriff and two others, but the state attorney general’s office later dropped the case.
Tuesday’s arguments focus on grand jury transcripts in the case that Barlyn is seeking to have released.
