National Roundup

Missouri ACLU to appeal court ruling in drug testing case JEFFERSON CITY, Mo. (AP) - The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college's plan to force every incoming student to be tested for drugs. Tony Rothert, legal director for the ACLU's Missouri chapter, told the Jefferson City News Tribune (http://bit.ly/1MnLlD2 ) that the 8th U.S. Circuit Court of Appeals has given the organization until Jan. 4 to file a petition seeking a rehearing by either the same three-judge panel that issued the ruling earlier this month, or by all of the active 8th Circuit judges. "We intend to request both," Rothert said. "While rehearing is difficult to obtain, we are fortunate in this case to have a majority decision that is poorly crafted and departs from 8th Circuit and Supreme Court precedent." The ACLU filed the federal lawsuit in 2011 challenging a mandatory drug-testing policy Linn State Technical College's Board of Regents approved in June of that year. The school has since changed its name to State Technical College of Missouri. The lawsuit argued the policy violated the students' Fourth Amendment right "to be secure . against unreasonable searches and seizures." When it started the program, the school said the testing policy was intended "to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical College by detecting, preventing and deterring drug use and abuse among students." Under the policy, students had to pay a $50 fee for the drug test and could be blocked from attending if they refused to be tested. U.S. District Judge Nanette Laughrey issued a ruling in September 2013 that limited the drug testing to five Linn State programs. But in its 2-1 vote earlier this month, the federal appeals court panel overturned her ruling as too narrow. Writing for the two-judge majority, Judge C. Arlen Beam wrote that the school's roughly 1,200 students are primarily engaged in safety-sensitive and potentially dangerous curriculum "due to the unique nature" of the technical college's limited focus. Federal judge Kermit E. Bye disagreed with the majority opinion and said in an eight-page dissent he would have upheld Laughrey's permanent injunction against the drug testing for "all but five of Linn State's academic programs." Linn State "failed to present sufficient evidence demonstrating a special need for drug testing," Bye wrote. Bye's dissent will help the ACLU make its case for a rehearing, Rothert said, meaning "the majority opinion should be an attractive candidate for review." Washington FBI Art Crime Team has record number of items A Chilean tapestry, the Bark Washington painting, and the Ames Stradivarius violin were returned to their rightful owners following the investigative work and partnerships of the FBI's Art Crime Team. The team is composed of Special Agents Meridith Savona and Christopher McKeogh, whose primary investigative work includes recovering art and cultural property and bringing those responsible for the theft, fraud, looting and trafficking to justice. The Chilean tapestry known as The Ambassadors of Rome Offering the Throne to Numa Pompilio was returned in September 2015 to the owner's attorney. The tapestry had been stolen from the owner's residence in Santiago, Chile, in November 2006, and the theft was reported to INTERPOL Washington. The tapestry was recovered when it was placed for auction in New York in 2014. There were no charges filed against the parties attempting to auction the tapestry. The Bark Washington painting was returned to the Oysterponds Historical Society in Orient, New York, by the FBI's New York Art Crime Team in September. The painting, along with the Jennie French Potter painting and two whale tusks, were stolen in March 2001. The return of the Bark Washington painting was made possible by an individual who bought the painting at an antique shop in East Marion, New York in 2001 for a few hundred dollars. The thief was never caught and the case remains open. A 1734 Stradivarius violin, the Ames Stradivarius, was returned in August to the heirs of deceased violinist Roman Totenberg. The violin was stolen from Totenberg in 1980, along with two antique bows, following a concert in the Longy School of Music in Cambridge, Massachusetts. It was recovered by the FBI's New York Art Crime Team in June 2015. The bows are still missing, and the FBI case remains open. Iowa Prosecutor wants Bigfoot kept out of lottery trial IOWA CITY, Iowa (AP) - Three friends involved in buying tickets and claiming jackpots that were allegedly fixed by a state lottery insider have something else unusual in common, prosecutors say: They hunt for Bigfoot in their spare time. In a legal motion that is as strange as the elusive humanoid, Iowa prosecutor Rob Sand asked a judge Monday to bar any discussion of Bigfoot hunting at the upcoming trial of Eddie Tipton, the lottery official accused of fixing multiple jackpots. "The prejudicial effect could potentially be as strong as Sasquatch itself," Sand wrote. "Jurors could be incredulous. They could find it unusual enough that it outweighs other evidence in their mind." Tipton is the former Multi-State Lottery Association security director who is accused of rigging jackpots in Iowa, Colorado, Wisconsin, Kansas and Oklahoma from 2005 to 2011 to enrich himself and his friends. Investigators say he manipulated the computers that run games for dozens of state lotteries so he could know winning combinations in advance. Then, they say he worked with accomplices including his brother Tommy Tipton to play those numbers and claim jackpots worth millions. Eddie Tipton has been convicted of fraud in an attempt to claim a $16.5 million Hot Lotto jackpot in Iowa. He's expected to soon stand trial a second time on charges of ongoing criminal conduct and money laundering related to the jackpots in other states. Sand wrote in his motion that Iowa's lengthy investigation has found that Bigfoot hunting is a hobby that Tommy Tipton - who recently resigned as a justice of the peace in Flatonia, Texas - shares with two unidentified friends who "were involved in purchasing or claiming jackpot-winning tickets." He said their relationships can be established without mentioning that quirky pastime. Eddie Tipton's attorney, Dean Stowers, called the motion a publicity stunt. He contends that any evidence to prove the state's claim that his client tampered with machines is what's elusive. "I think their whole case is a Bigfoot hunt. And now they want to prevent us from introducing evidence about real Bigfoot hunters?" he said, laughing. Asked whether his client is known to search for Sasquatch as well, Stowers was unsure. "I don't know if Eddie Tipton wants to be disclosed as a Bigfoot hunter or not but we'll certainly look into the whole Bigfoot issue and file a response," he said. Published: Thu, Dec 24, 2015