National Roundup

Tennessee
Court rules service dog can comfort witness in trial
MEMPHIS, Tenn. (AP) — A state court has rejected the claim of a convicted rapist who filed an appeal arguing a trial court was wrong for allowing a service dog to be present while his victim testified.

The Commercial Appeal reports that the Tennessee Court of Criminal Appeals made their ruling this week.

According to court record, in 2014 the 10-year-old victim in the case had been anxious about testifying. After spending time with Murch, a 5-year-old trained Labrador retriever, the boy calmed down and was able talk.

Defendant Jose Reyes argued that the presence of the dog would be “overly prejudicial” to him, but the trial court allowed Murch to be by the victim’s side while he testified.

Judge Alan Glenn says the Court of Criminal Appeals didn’t believe the trial court abused its discretion in permitting Murch during the trial.

Alabama
Ex-magistrate to prosecute high court chief justice
BIRMINGHAM, Ala. (AP) — A former federal magistrate will prosecute suspended Alabama Chief Justice Roy Moore on judicial ethics charges.

The Judicial Inquiry Commission said Thursday it has hired John Carroll to prosecute allegations that could lead to Moore’s removal. Carroll was a federal magistrate before becoming the law school dean at Samford University, where he still teaches.

An attorney for Moore is criticizing the decision because Carroll once worked as legal director of the Southern Poverty Law Center, which filed a complaint against Moore over his opposition to same-sex marriage. Moore attorney Mat Staver calls the system “corrupt and unjust.”

Both Carroll and an attorney with the Judicial Inquiry Commission declined comment on Staver’s claims.

Moore is accused of violating judicial ethics with an order after the U.S. Supreme Court allowed same-sex marriage.

Arkansas
Court upholds $3M judgment against Gerber
LITTLE ROCK, Ark. (AP) — Arkansas’ highest court says a baby food manufacturer must pay more than $3 million to workers for the time they spent dressing and undressing into uniforms and protective gear.

The state Supreme Court on Thursday upheld a lower court’s ruling that Gerber Products Co. should have compensated workers at its Fort Smith facility for the time they spent changing into uniforms, donning protective gear such as ear plugs and washing their hands, as well as undressing after their shifts ended.

In a 4-3 ruling, justices sided with the workers who said Arkansas’ Minimum Wage Act required the company to compensate for the activities despite an agreement with the union.

Pennsylvania
Man vows to keep stalking reporter after probation
MEDIA, Pa. (AP) — A man has vowed in court to resume stalking a Philadelphia TV news reporter as soon as his probation for doing so expires in 15 years.

Christopher Nilan, 32, made that promise at Wednesday’s sentencing for stalking a female KYW-TV reporter, The Dela­ware County Daily Times reported.

“I’m not going to give it up,” the Upper Darby man told the judge. “I want to be with her. I’m the only person who can protect her.”

Nilan became obsessed with the reporter in November and kept trying to contact her, sometimes through a male reporter at the CBS affiliate, even after she told him the station discourages reporters from having relationships with viewers.

Nilan was arrested in January and charged with stalking, then police filed additional stalking and terroristic threat charges after Nilan called the station and left “nasty, nasty phone messages,” Upper Darby police Chief Michael Chitwood said.

A station spokeswoman isn’t commenting. Nilan’s attorney stressed that his client never threatened to harm the reporter.

Delaware County Judge Gregory Mallon fashioned a combination sentence, known as intermediate punishment, to keep close tabs on Nilan for nearly two years before he spends 13 more years on probation.

Nilan has been jailed since his arrest and will be paroled June 25 as part of the 23-month intermediate punishment sentence meted out by the judge. He’ll then spend three months confined to his home with an electronic ankle bracelet and tracked by GPS for the remainder of his intermediate punishment. He must also submit to outpatient mental health treatment.

The judge told Nilan he needs to give up his fixation with the reporter, or else.

“So you make the choice,” Mallon said. “It’s a very simple thing. You abide by what I say, or you go back to prison.”

Iowa
Judge plans trial over state’s sex offender program
SIOUX CITY, Iowa (AP) — A federal judge is planning a trial to determine whether Iowa’s sex offender treatment program is unconstitutional.

U.S. District Judge Mark Bennett said in an order Wednesday that he hopes to set the two-week trial for Nov. 28.

The case concerns sex offenders who completed prison sentences but are locked up at a state institution in Cherokee for treatment, based on findings that they’ll likely reoffend.

They’ve argued the program is unconstitutional because it doesn’t give them adequate treatment, and that they’re essentially serving life sentences because few offenders complete it. Testimony from employees has confirmed staffing shortages and cutbacks in treatment.

Bennett says the trial will determine whether the program violates constitutional standards, is punitive rather than therapeutic, and is the least restrictive way to treat sex offenders.

Tennessee
Mother of victim fatally shot ahead of upcoming trial
CHATTANOOGA, Tenn. (AP) — The mother of a 1-year-old shooting victim has been fatally shot, four months before she was to testify against the man accused of paralyzing her daughter.

News organizations report that 26-year-old Bianca Horton was found dead on the side of a road Wednesday morning.

Horton had been a witness in the case against Cortez Sims, who is accused of shooting her daughter, Zoey Duncan, in Jan. 2015.

Sims’ trial is scheduled for Sept. 27, 2016. Chattanooga Police Chief Fred Fletcher says authorities are concerned her shooting may be related to the upcoming trial.

Melydia Clewell, a spokeswoman for District Attorney General Neal Pinkston, did not comment on Horton’s role in the case against Sims.