Court Digest

North Dakota
Judge throws out sex abuse suit vs. ex-hockey coach 

FARGO, N.D. (AP) — A federal judge in Minnesota on Tuesday threw out a lawsuit by eight former hockey players alleging sexual abuse by a college and youth coach in the 1980s, suggesting in the order that the case might be better served in state courts.

The plaintiffs have accused Thomas “Chico” Adrahtas of repeated sexual assault, abuse, molestation and harassment while they played on his teams at various levels of the sport. Many of the accusers, all male, were minors at the time.

The defendants in the lawsuit are Adrahtas, the University of Minnesota, USA Hockey and the Amateur Hockey Association Illinois.

U.S. District Judge Eric Tostrud said in Tuesday’s order that the “short summary of a longer more complicated story” is that the federal claims are barred by statutes of limitations and it makes sense to dismiss that case so it can be tried “in another proceeding or forum.”

Nicholas Economakos, an attorney for the former players, said that while he was disappointed by the ruling he respected the judge’s 51-page order, which Economakos said “drew a road map” for next steps. Economakos said that could include a federal appeal, since the dismissal left open the possibility for more action, or filing complaints in up to five states.

“We’re considering all of our options,” Economakos told The Associated Press.

Jake Ricker, spokesman for the University of Minnesota, said university officials “have believed the facts according to law” supported dismissal of the case and they appreciate the judge’s ruling.

“The University’s legal perspective on this particular case does not diminish our commitment to doing all we can to prevent sexual misconduct and our unwavering empathy and support for victim-survivors,” Ricker said in a statement.

Jill Brisbois, an attorney for Adrahtas, did not immediately return an email message seeking comment.

Economakos said he’s looking for justice for the teenage boys who were sexually assaulted by a coach “with the blessings” of organizations that were supposed to protect them.

“We are aware of numerous other victims who are not at least at this time ready to come forward and join the complaint. But we’re hopeful that changes moving forward because every additional survivor makes it harder for the courts and the legislatures to ignore and do what’s right in this matter,” he said.

The accusations against Adrahtas were first reported by The Athletic in 2020.

 

New York
Teacher charged with submitting fake vaccine card

MINEOLA, N.Y. (AP) — A high school teacher in suburban New York was charged Wednesday with submitting a forged COVID-19 vaccination card in an effort to get around the school district’s rule mandating either vaccination or weekly testing for the coronavirus.

Tricia Manno, a teacher at Sewanhaka High School on Long Island, was arraigned on charges including criminal possession of a forged instrument and offering a false instrument for filing, Nassau County District Attorney Anne Donnelly announced.

“This defendant allegedly attempted to circumvent the school district’s mandatory testing requirement by submitting a vaccine card with obvious forgeries,” Donnelly said.

According to prosecutors, Manno, 47, submitted a digital copy of a vaccination card to the Sewanhaka Central High School District on Sept. 21, 2021.

District employees suspected forgery and asked Manno to submit the original card, prosecutors said.

Manno told the district staffers she had been vaccinated at the Northport VA Medical Center but had lost her original card, the prosecutors said. Manno then went to the medical center, showed staffers there a digital image of the forged vaccination card and asked for a replacement, prosecutors said.

A staff member issued a replacement card even though the Northport VA Medical Center had no record of administering a COVID-19 vaccine to Manno, Donnelly said.

“Manno doubled down on the fraud by allegedly illegally obtaining a replacement card at the Northport VA Medical Center where she claimed to have been vaccinated, showing staff a digital fake as her proof,” the district attorney, a Republican, said in a news release. “Submitting fraudulent documents is a crime, and in this case, one that put the health and safety of students and staff at risk.”

Manno pleaded not guilty at her arraignment. Her attorney, Scott Limmer, said he was awaiting discovery from the district attorney’s office.

If convicted of the charges against her, she faces a maximum of two and one-third to seven years in prison.

A phone message seeking comment was left with a spokesperson for the school district.

The charges against Manno in Nassau County were filed days after several dozen public school teachers in neighboring New York City were placed on unpaid leave for allegedly submitting fraudulent proof of COVID-19 vaccination. The United Federation of Teachers is fighting the disciplinary action against the New York City teachers.

 

Kansas
Prosecutor won’t bring charges against accused priest

TOPEKA, Kan. (AP) — A Catholic priest in Topeka suspended from his public duties after being accused of sexually abusing a minor will not face criminal charges in the case.

Shawnee County District Attorney Mike Kagay’s office will not file charges against the Rev. John Pilcher after reviewing the results of an investigation conducted by the Kansas Bureau of Investigation, Kagay told the Capital-Journal this week.

The Archdiocese of Kansas City in Kansas announced last September that it had suspended Pilcher, of Mater Dei parish, but said Pilcher denied the allegation and fully cooperated with the investigation.

The archdiocese said it will continue with evaluating Pilcher’s status as a priest.

“Be assured you will soon receive a communication from the Archdiocese upon final resolution of this matter,” a statement from the archdiocese that was read to Mater Dei parishioners this week said.

 

Tennessee
Man sentenced to death for killing deputy adds life sentence

NASHVILLE, Tenn. (AP) — A man sentenced to death for fatally shooting a Tennessee sheriff’s deputy in 2018 before setting fire to his patrol car with his body inside is now facing an additional federal sentence of life in prison.

The sentence was handed down Tuesday in U.S. District Court in Nashville for Steven Wiggins. Last August, a jury sentenced Wiggins to death in state court in the May 2018 killing of Dickson County Sheriff’s Sgt. Daniel Baker.

The federal government had been seeking the death penalty as well. U.S. Attorney Mark Wil­dasin’s office says Wiggins pleaded guilty last month under a plea deal including a life sentence to the federal charges.

The federal sentence doesn’t change the state death sentence.

The grisly slaying set off a two-day manhunt.

 

Massachusetts
Purported gang member sentenced for illegal gun sales

BOSTON (AP) — A purported member of a street gang who authorities say illegally sold weapons and drugs in Massachusetts has been sentenced to nearly six years in prison.

Jose Omar Hernandez-Aragones, 24, of Lawrence, was also sentenced Tuesday to three years of probation.

Hernandez-Aragones was prohibited from possessing firearms and ammunition because of a 2016 assault conviction, yet between May 2018 and July 2018 he sold 27 weapons, ammunition, a bulletproof vest, and cocaine and fentanyl to an undercover cooperating witness, federal prosecutors said.

He pleaded guilty in November to being a felon in possession of a firearm and possession with intent to distribute and distribution of cocaine.

Federal authorities allege that Hernandez-Aragones is a member of the Trinitarios gang in the Lawrence area.

According to court documents, many Trinitarios members are involved in a range of illegal activities, including firearms and drug trafficking.

 

Connecticut
Sex offender’s lawsuit reinstated in email address battle

HARTFORD, Conn. (AP) — A convicted sex offender has made a “plausible” claim that providing his email address and other internet identifying information to Connecticut officials violates his free speech rights, a federal appeals court ruled Tuesday in reinstating his lawsuit against the state.

The decision by a three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan mirrors other court rulings around the country that determined some states’ laws violated sex offenders’ rights.

James Cornelio, a former New York City lawyer, was convicted in New York in 2005 for sex offenses involving a minor. He later moved to New Preston, Connecticut, and was subject to Connecticut’s sex offender registration requirements.

He sued Connecticut and state police officials after he was arrested in 2015 for failing to provide an email address he was using, as required by the state’s law. The arrest came after Cornelio emailed the state police sex offender registry unit using an email account not registered with the state, police said.

Cornelio claimed the state’s requirements violated his First Amendment rights and accused a state police detective of malicious prosecution.

U.S. District Judge Jeffrey Meyer in New Haven dismissed the lawsuit in 2020. He said the email disclosure requirement served an important law enforcement purpose in deterring sex offenders from trying to entice potential victims while remaining anonymous online — because police would have their email addresses and other identifying information.

Meyer, however, acknowledged the requirement “inhibits to some degree the exercise of (Cornelio’s) right to engage in anonymous speech activities on the Internet.” He also rejected the malicious prosecution claim.

The 2nd Circuit Court reinstated Cornelio’s free speech claims, but also rejected his other allegations including malicious prosecution.

“The disclosure requirement plausibly imposes an extra burden that unnecessarily chills protected speech,” the panel wrote. “The government cannot normally justify a speech restriction by reference to its interest in deterring crime.”

Cornelio said in a phone interview Tuesday that he was reviewing the decision and declined further comment.

State Attorney General William Tong’s office, which is representing state officials in the lawsuit, said in a statement that it also was evaluating the ruling and will determine whether any new legal action is warranted.

In 2017, the U.S. Supreme Court struck down a North Carolina law that barred convicted sex offenders from Facebook, Twitter and other popular sites, saying it prevented offenders from engaging in the legitimate exercise of First Amendment rights.

In 2020, the Louisiana Supreme Court said it was unconstitutional for the state to require people convicted of certain sex crimes to carry state-issued ID cards with the words “SEX OFFENDER” printed on them in orange capital letters.