National Roundup

Mississippi Foreseeing lawsuit, city lifts fortune-telling ban MERIDIAN, Miss. (AP) -- Fortune telling, palmistry and "spiritual adviser facilities" are again legal in Meridian The city council voted 3-1 Tuesday to rescind an ordinance that had outlawed such businesses. Council members had upheld the ban several times in the past but a member says a warning of legal action by the American Civil Liberties Union prompted the change. Fortune telling businesses will be placed under a business zoning classification that the city's planning department has said is highly restrictive. "We don't need to go into a lawsuit," Council member Bobby Smith said. "It's going to cost the tax payers a lot of money." George Thomas and Jesse Palmer, Sr. voted with Smith. But council President Barbara Henson voted to keep the ban. "Well, with me it was a spiritual thing," Henson explains. "And I never change my views on that from the beginning to the end. I just stuck with what I believed." Smith, despite voting to overturn the ban, said he still does like the idea of fortune telling in the city. Henson said a possible lawsuit did not sway her. "I knew from the very beginning that I would not be able to support it and I didn't," Henson said. The council has been advised numerous times by the city attorney that similar bans have been overturned when brought to court on the basis that they violate the First Amendment. Texas Cargo airline founder indicted, child porn BROWNSVILLE, Texas (AP) -- A federal grand jury has indicted the founder of a South Texas-based cargo airline on several child pornography-related charges. Prosecutors say 60-year-old Robert Hedrick of Brownsville faces charges of attempted sexual exploitation of children, transfer of obscene materials to a minor and distribution and possession of child pornography. Investigators say undercover agents in Louisiana and Wisconsin posing as minors had contact with Hedrick online. Hedrick has remained in federal custody since his arrest in July. Defense attorney Ed Stapleton says he expected the indictment, which was returned Tuesday, but hasn't had an opportunity to review the evidence against his client. Hedrick last fall announced the opening of Pan American Airways, an air cargo carrier that would operate 70 flights per month between Brownsville and Latin American cities. Massachusetts Inmate: Appeals ruling supports sex-change BOSTON (AP) -- A convicted murderer suing Massachusetts prison officials for a sex-change operation says a recent federal appeals court ruling supports her claim. U.S. District Court Judge Mark Wolf has agreed to hear arguments Thursday from lawyers for Michelle Kosilek. Kosilek has been trying to force prison officials to provide the surgery for more than a decade. She says the Department of Correction is violating her constitutional rights by denying the surgery. Kosilek's lawyers say Wolf should consider a ruling by the 1st U.S. Circuit Court of Appeals. That court recently rejected security concerns as justification for denying hormone therapy to another transgender inmate. Kosilek, born as Robert, was convicted of killing his wife in 1990. Kosilek has received female hormone treatments and has been living as a woman in an all-male prison. New York Facebook poised to seek end to NY man's lawsuit BUFFALO, N.Y. (AP) -- Facebook attorneys appear poised to ask a judge to throw out a western New York man's lawsuit claiming ownership in the social network after finding what they say is proof the case is baseless. Lawyers for Palo Alto, Calif.-based Facebook and its founder, Mark Zuckerberg, are due in federal court in Buffalo Wednesday opposite attorneys for Paul Ceglia (SEHG'-lee-uh) of Wellsville, who says he's got a 2003 contract making him half owner of Facebook. Facebook says that contract's a fake -- a doctored version of an actual document their experts found on Ceglia's computer from when the two men worked together on an unrelated project. Ceglia's attorneys aren't commenting. Facebook's filings say that if the case is allowed to continue after what the experts found, lawyers will move to dismiss. California City hires consultant to probe man's death FULLERTON, Calif. (AP) -- A Southern California city approved the hiring of a law enforcement consultant to investigate the death of a mentally ill homeless man after a violent confrontation with police that sparked outrage and protests by residents. The Fullerton City Council on Tuesday agreed to sign two contracts with Michael Gennaco to probe the death of 37-year-old Kelly Thomas and conduct a top to bottom review of department policies and procedures. Gennaco specializes in examining law enforcement agencies and is chief attorney for the Los Angeles County Office of Independent Review, a civilian oversight body that monitors that county's sheriff's department. The council's move came on the same day Acting Police Chief Kevin Hamilton ordered an internal affairs review of the arrest of a man in October who was later acquitted of misdemeanor charges of attacking an officer and resisting arrest. The attorney for Veth Mam told City News Service that his client saw a friend being arrested by Fullerton police and took out his cell phone to record what he thought were officers using excessive force. David Borsari said an officer knocked the camera out of Mam's hand and another man picked it up and continued recording. Borsari said the video contradicted an officer's testimony about what happened and led to his client's acquittal on July 7. Meanwhile, the community uproar over Thomas' death continued to grow as the six officers involved in the clash were put on paid administrative leave. Police said Thomas ran when officers tried to search his bag while investigating a report of vehicle break-ins, and they struggled to arrest him on suspicion of possession of stolen goods. Video from a bystander's cell phone taken from a distance showed parts of the confrontation, including a snippet in which he can be heard screaming for his father. Surveillance video aboard a bus showed agitated passengers saying officers beat and repeatedly used a stun gun on him. Thomas was hospitalized after the July 5 confrontation. He suffered severe head and neck injuries and was taken off life support several days later. An autopsy initially failed to determine the cause of death pending further tests. Published: Thu, Aug 18, 2011