National Roundup

Oregon
Judge awards company $3.3 million in lawsuit
PORTLAND, Ore. (AP) — A federal judge awarded Columbia Sportswear $3.3 million in its lawsuit against a company that allegedly supplied faulty components for Columbia’s electrically heated jackets.

The Oregonian reports that Magistrate Judge Paul Papak issued the default judgment this week against Fibretronic Limited.

The Hong Kong-based company did nothing to challenge Columbia over the lawsuit filed in September 2013. Columbia had sought $9.4 million in damages.

The lawsuit said Fibretronics’ heating components included wires that were improperly aligned and created an electrical short.

No injuries were reported by people who bought the jackets. Columbia, however, has stopped making them.

Florida
New trial ordered for man facing 45 years in prison
The Florida Supreme Court is ordering a new trial for a Sarasota man who was sentenced to 45 years in prison for second degree murder.

Steve L. Griffin was a teenager at the time of the 2011 shooting. He was convicted of shooting Thomas Jamar Mills in the throat with a shotgun while the two were outside a convenience store.

Griffin testified that while he was at the store, he didn’t kill Mills. He said he fled because he was scared and couldn’t identify the real shooter.

The high court ruled that Griffin deserved a new trial because jurors were not given proper instructions about whether to convict him of manslaughter. Manslaughter is a lesser charge than second-degree murder.

Kentucky
District judge accused of misconduct
ALEXANDRIA, Ky. (AP) — The Judicial Conduct Commission says it will hold a hearing over allegations of misconduct involving a northern Kentucky judge.

The Kentucky Enquirer reports the accusations against Campbell District Judge Gregory T. Popovich were made public on Wednesday.

In a written notice to Popovich, the commission said the allegations stem from a conversation he had last August in court while addressing Assistant County Attorney Cameron J. Blau, who was running against him for the judicial seat. The commission says he accused Blau of assisting the defense attorney improperly.

“You stated in open court that your grounds for this accusation were based, in part, on ex-parte hearsay statements made to you by attorneys who were not involved in the case at social gatherings outside of court. When Defense Counsel denied receiving any improper assistance, you accused him of lying in front of his client,” the commission wrote.

In addition, the commission said the judge made derogatory comments about Blau and ordered County Attorney Steve Franzen to provide him with information about Blau’s duties.

“By the above conduct you engaged in misconduct in office and failed to observe high standards of conduct,” the commission wrote.

Popovich’s attorney, Stephen Ryan, denied that his client engaged in any kind of misconduct.

“Judge Popovich was trying to determine if some unethical activity had taken place or if ... the case had to be dismissed,” Ryan said in the written response. “... Judge Popovich has served faithfully as a judge for 21 years and looks forward to defending these allegations.”

A hearing date hasn’t been set.

North Carolina
Jury clears man in “sleepwalking” death of child
DURHAM, N.C. (AP) — A Durham man has been cleared of charges that he killed his son more than four years ago.

Joseph Anthony Mitchell said he was sleepwalking when 4-year-old Blake Mitchell was strangled and two older siblings were attacked.

Multiple media outlets reported the Durham County jury returned not guilty verdicts Wednesday after less than four hours of deliberations.

Mitchell, 50, had been charged with first-degree murder and two counts of attempted first degree murder. His then 13-year-old and 10-year-old children said they fought off an attack by their father.

Mitchell would not talk to reporters as he left the courthouse. His ex-wife, Christine Perolini, was taken for medical treatment after the verdict was announced.

Mitchell testified he was in financial distress and had not been sleeping well.

District Attorney Roger Echols said he was disappointed but respected the jury’s decision.

Jurors at one point had asked Superior Court Judge James Roberson if they could consider a manslaughter charge. But Roberson told them their only choices were guilty of first-degree murder or second-degree murder or not guilty.

South Dakota
Couple guilty of delay in medical help for child
RAPID CITY, S.D. (AP) — A couple who delayed getting a child medical treatment must serve time in federal prison and pay more than $32,000 in restitution.

Court documents show that 41-year-old Terri Covey, of Rapid City, and 43-year-old Gilbert Young, who lives in Nebraska, lived together on the Rosebud Indian Reservation in 2013 when a child under the age of 7 suffered a brain injury.

While in Young’s care, the child suffered a severe seizure. Young witnessed the seizure but did not call 911. When informed of the seizure, Covey did not immediately get the child help.

The Rapid City Journal reports  that Chief U.S. District Judge Jeffrey Viken sentenced Young to three years in custody and Covey to one year. They will split paying the $32,881 in court-ordered restitution.

Ohio
County: Widow to blame for man’s death in custody
CINCINNATI (AP) — An Ohio county’s lawsuit alleges the widow of a man who died after deputies shocked him with a stun gun was to blame for his death.

Hamilton County filed the federal lawsuit recently in Cincinnati against Nancy Roell who last year sued the county. She contends deputies used excessive force arresting her husband in 2013. The county’s lawsuit says Roell was obligated as his guardian to make sure he took mental illness medication and didn’t endanger himself or others.

Deputies said Gary Roell Sr. was acting erratically before they stunned him. Both lawsuits say he died shortly afterward of “excited delirium.”

The Cincinnati Enquirer reports Nancy Roell’s attorney says she performed responsibly as a guardian and guardians shouldn’t be at risk of being sued when others harm their wards.