National Roundup

New Mexico
Judge declines early prison release request by ex-sheriff
ALBUQUERQUE, N.M. (AP) — A recent U.S. Supreme Court ruling will not result in an early prison release for former Rio Arriba County sheriff Tommy Rodella, a judge said.

U.S. District Judge James Browning declined an early release request by Rodella based on a change in a federal firearms law in June, Santa Fe New Mexican reported  Friday.

The Supreme Court voted 5-4 on an unrelated robbery case out of Texas that struck down a firearms statute that added seven years to Rodella’s prison sentence.

The part of the law that changed did not apply, Browning said.

Rodella has five years left of a 10-year sentence stemming from a road-rage incident where Rodella was convicted of unreasonable use of force, unlawful arrest and using a firearm during a crime of violence, authorities said.

Rodella appealed.

The U.S. Court of Appeals upheld his conviction in November 2015 and the Supreme Court declined to hear an appeal a year later.

Rodella filed a new motion in March 2019 asking a court to overturn his conviction.

His attorney Susan J. Clouthier made a request in November to include the Supreme Court decision in the ruling.

Rodella is serving time at a federal prison in Seagoville, Texas. He did not attend the hearing, but has an option to appeal.

Vermont
2 towns adopt Second Amendment ‘sanctuary’ resolutions
HOLLAND, Vt. (AP) — Two Vermont communities have adopted symbolic designations as Second Amendment “sanctuary” towns.

The towns of Holland and Pittsford are the first communities in the state to adopt the resolutions this year, the Caledonian Record reported.

The designations come as the Vermont Legislature considers tougher gun restrictions,  including a bill that would prohibit the possession of semiautomatic assault weapons in a variety of places, such as publicly owned buildings or offices, houses of worship, public parks, stadiums and theaters.

Another bill would require a 72-hour waiting period for the purchase of a firearm.

House legislation has been introduced requiring that people who have restraining orders against them relinquish all firearms until the orders expire.

The language adopted by the Holland select board Wednesday states that no town official or agent should enforce an “unlawful act” involving firearms or use town funds to do so. It contends that local governments have legal authority to refuse to cooperate with state and federal firearm laws that violate Second Amendment rights.

According to the resolution, “unlawful acts” include registration of firearms, limits on sales or transfer of firearms, and limits on types of firearms, attachments and ammunition.

The board’s resolution stating it supports gun rights is symbolic and nonbinding, Holland Town Clerk Diane Judd said.

Other communities are considering similar resolutions.

The Barton Select Board is discussing it this week. Cavendish, a town in Windsor County, has planned to vote on a nonbinding resolution to become a Second Amendment and Article 16 sanctuary town. Article 16 of the Vermont Constitution protects citizens’ rights to bear arms for the defense of themselves and the state.

Irasburg adopted a resolution in 2013 declaring opposition to infringements on gun rights.

Missouri
Family sues over death of worker in wood chipper
ST. JOSEPH, Mo. (AP) — The family of a 38-year-old man who died after falling into a wood chipper at a St. Joseph sawmill is suing the manufacturer of the machine.

The St. Joseph News-Press reports  that the minor children of Joshua Hill allege in the lawsuit filed last week that Williams Patent Crusher and Pulverizer Co. didn’t have any built-in safety features for its XR430 Hog Wood Chipper.

Hill fell into the machine in March 2018 while working for American Walnut Co., which makes lumber products for gunstocks and furniture. As the operator, Hill was supposed to be stationed in a small shed above the machine where wood pieces were fed into an opening in the machine.

The petition says the machine lacked an automatic shut-off, an emergency stop button or rope, guards, flaps or other methods to protect operators of the wood chipper. It also alleges that no warning signs or instructions were provided with the machine.

California
Billionaire sues state and sheriff in beach fight
SAN FRANCISCO (AP) — A billionaire who has been fighting for more than a decade to keep a secluded beach to himself sued California and San Mateo County for allegedly harassing him and violating his property rights.

In his lawsuit filed Friday in San Francisco, Venture capitalist Vinod Khosla accuses top officials with the California Coastal Commission and State Lands Commission of trying to force the billionaire to let the public onto his property to use Martins Beach, the San Francisco Chronicle reported.

The complaint also names San Mateo County Sheriff Carlos Bolanos and Steve Monowitz, the director of the San Mateo County Planning and Building Department, alleging they all engaged in “a concerted effort ... to single out, coerce, and harass one coastal property owner for refusing to cede its private property rights.”

It claims the defendants tried to “strong arm” Khosla into allowing the public “unfettered access (to) private property, without government compensation.”

This legal battle dates to 2008, when Khosla — a venture capitalist who co-founded the Silicon Valley technology company Sun Microsystems — bought an 89-acre coastal property for $32.5 million in San Mateo County and closed a gate, put up a no-access sign and painted over a billboard at the entrance that had advertised access to the beach.

The previous owners had allowed public access to the beach for a fee. Khosla’s attorneys said the cost to maintain the beach and other facilities far exceeded the money the fees brought in.

The nonprofit Surfrider Foundation sued, and a state appeals court ruled that Khosla needed to apply for a coastal development permit before closing off the main road.

After the U.S. Supreme Court declined to hear his appeal in 2018, Khosla continued to sue over what he considers to be interference with his property rights. In the meantime, his lawyer said he kept the road open during daylight hours to paying visitors. State officials say the gate to the road has not been consistently open.