GEORGIA
Judge rejects plea deal for man convicted in 1976 slaying
COLUMBUS, Ga. (AP) — Prosecutors and defense attorneys agreed to a plea deal that would have freed a Georgia man who was convicted in a murder case decades ago, but a judge disagreed with the terms, keeping the man behind bars.
Johnny Lee Gates, 63, was convicted of murder, rape and robbery in the 1976 slaying of Katharina Wright, 19, in an apartment in Columbus.
Earlier this year, the state Supreme Court ruled Gates deserved a new trial after recent DNA tests cast "significant doubt" on his guilt.
Prosecutors said in court Monday that they crafted a deal to reduce the murder charge to voluntary manslaughter, dismiss the rape charge and retain the armed robbery charge, the Columbus Ledger-Enquirer reported. The hearing was held online due to the coronavirus pandemic.
The manslaughter and robbery charges would add up to 40 years in prison, so Gates would be released after getting credit for the 43 years he's served.
Patrick Mulvaney, an attorney for Gates, said his client would agree to the terms but would maintain his innocence. Judge Bobby Peters didn't approve.
"(T)hat's not justice for anybody," Peters said. "We want justice for the victim and justice for Mr. Gates, and usually a trial, it appears, is the best way to get to that point."
A new trial for Gates has not begun since the Supreme Court's ruling in March.
Peters said he would consider setting a bond for Gates and discuss with attorneys in the next few days, the newspaper reported.
MONTANA
Judge says new pipelines need more review
BILLINGS, Mont. (AP) — A U.S. judge on Monday revised a recent court ruling that threatened to hold up thousands of utility projects crossing streams and wetlands, but left in place a requirement for new oil and gas pipelines to undergo further environmental review.
The ruling from U.S. District Judge Brian Morris means the U.S. Army Corps of Engineers can again use a disputed permitting program to approve electrical lines and other utility work through streams and wetlands. Maintenance and repair work on existing pipelines also would be allowed, but not construction of new pipelines.
"We got what we asked for, so from our position this is great," said attorney Jared Margolis with the Center for Biological Diversity. "Constructing pipelines through rivers, streams and wetlands without analyzing the impacts on imperiled species is unconscionable."
The Army Corps program, known as Nationwide Permit 12, was blocked by Morris last month. In a lawsuit over the Keystone XL pipeline, the judge sided with environmentalists who argued companies were using the program to skirt water protection laws and ignore the cumulative harm from thousands of stream and wetlands crossings.
Attorneys for utility industries and the government said Morris' original ruling hampered thousands of construction projects across the U.S. They urged him to reconsider.
In response, Morris agreed to limit the scope of his ruling but stopped short of a full reversal. He said the Army Corps "committed serious error" in failing to adequately consult with wildlife agencies before reauthorizing the permitting program in 2017.
"To allow the Corps to continue to authorize new oil and gas pipeline construction could seriously injure protected species and critical habitat," Morris wrote.
A spokeswoman for the gas industry said the ruling would quickly be appealed.
"Arbitrarily singling out certain new projects only prolongs the highly disruptive nature of this order," said Amy Conway with the Interstate Natural Gas Association of America.
She said the permit program allowed projects to be reviewed efficiently "with minimal environmental impacts."
The Army Corps has broad jurisdiction over U.S. waterways. It uses the blanket permit to approve qualifying pipelines and other utility projects after only minimal environmental review.
Since Nationwide Permit 12 was renewed three years ago it has been used roughly 38,000 times, according to federal officials.
Army Corps spokesman Doug Garmin referred questions to the Justice Department, which declined to comment.
Industry supporters describe the program as crucial for timely decisions on projects that can stretch across multiple states and cross hundreds of water bodies. Analyzing each of those crossings would be costly and is unnecessary because most involve little disturbance of land or water, they said.
IOWA
Man who sought trial by combat now wants ex-wife evaluated
HARLAN, Iowa (AP) — A Kansas man who sought legal permission in Iowa to engage in a sword fight with his ex-wife is not insane but merely angry over their child custody arrangement, according to a psychological evaluation.
David Ostrom, of Paola, Kansas, asked in a Jan. 3 court filing to be allowed to fight his former wife, Bridgette Ostrom, of Harlan, Iowa, and her attorney, Matthew Hudson, so that he can "rend
their souls" from their bodies. The Ostroms have been embroiled in disputes over custody and visitation issues, and property tax payments.
An Iowa judge responded by temporarily suspending David Ostrom's child visitation and ordering the evaluation. It found he is not troubled, but has "adjustment disorder with mixed emotional features," Ostrom told the Des Moines Register.
"It essentially says I'm not crazy, I just don't like being denied access to my children," he said.
Ostrom has asked the court to order psychological evaluations of his ex-wife and her attorney, according to a motion he filed Friday. Ostrom, who is representing himself in court, also filed a second motion Friday asking for parenting time with his children and that he be reimbursed $4,765 in legal fees and $2,200 for the psychological evaluation. The motion also seeks $255,000 for emotional damages.
Neither Bridgette Ostrom nor her attorney responded to the Register's requests for comment.
David Ostrom had previously told the Register that he filed his "trial by combat" motion to get media attention for his case.
