Court Roundup

Pennsylvania Attorney: Judge altered murder trial record PITTSBURGH (AP) -- A defense attorney says the president judge of a western Pennsylvania county altered transcripts of his client's murder trial and a co-defendant's sentencing. Washington County Judge Debbie O'Dell Seneca did not immediately return a call for comment Monday on the allegations made by attorney Noah Geary in a 10-page Superior Court petition he filed on behalf of Gerald Szakal (ZAY'-kal). Geary wants extra time to file documents related to Szakal's appeal, saying he was told by the judge's stenographer that audio recordings of Szakal's 2009 murder trial don't match her transcripts. Geary claims the judge also changed some information in a transcript from a sentencing hearing of Szakal's co-defendant. Geary wants the Superior Court to order the judge to produce all records of the trial, saying his client cannot get a fair appeal of his double-murder conviction without them. Louisiana OJJ lawsuit claims retaliation BATON ROUGE, La. (AP) -- The Louisiana Office of Juvenile Justice and its top administrator are being accused of retaliating against an administrator at the agency for complaining about poor living conditions at youth facilities in Louisiana. The Advocate reports the accusations of "retaliatory harassment" were leveled against the agency and Deputy Secretary Mary Livers by administrator John Anderson in a lawsuit filed earlier this month in Baton Rouge state court. Anderson's suit makes specific reference to a suit that former OJJ Assistant Secretary Prince Gray filed against OJJ and Livers in December 2009. Gray alleges in his pending state court suit that his July 2009 firing was retaliation for blowing the whistle on poor living conditions at Swanson Center for Youth in Monroe. Anderson claims in his suit that he also complained -- "to no avail" -- about "appalling conditions" at Swanson as well as at Jetson Center for Youth in Baker and Bridge City Center for Youth near New Orleans. OJJ spokeswoman Jerel Giarrusso said the agency cannot comment on pending litigation. Immediately after Gray was dismissed, Anderson's suit contends, Livers warned Anderson to "keep his mouth shut about the juvenile conditions and what he knew regarding Mr. Gray's upcoming lawsuit and his own claims." Livers told Anderson in July 2009 and October 2010 "that he was not to tell the truth about the illegal conditions at the juvenile facilities," the suit states. An OJJ attorney approached Anderson in December 2010 and told Anderson he was required to sign an affidavit in connection with the Gray suit, but Anderson declined, the suit says. Anderson claims in the suit he was being asked to state that Livers did not refuse to take action to address the situation at Swanson, and that he did not witness Livers make derogatory gender or race comments. The lawsuits filed by Anderson and Gray allege Livers referred to them and other male employees as "little girls." "He refused to sign an affidavit that was false," Anderson's attorney, Jill Craft, said Thursday. Shortly thereafter, Anderson was reassigned to menial tasks, ordered to complete impossible job assignments under threat of termination, given unfavorable performance evaluations, denied leave time and subjected to unfounded write-ups, his suit alleges. Anderson, who was an appointed youth services administrator at the time, was transferred back to Bridge City, the suit says. In addition to retaliatory harassment, Anderson claims he is the victim of gender-based harassment and discrimination. He also alleges the defendants conspired to obstruct justice. Anderson's suit has been assigned to state District Judge Wilson Fields. State District Judge Tim Kelley is presiding over Gray's case. Anderson and Gray are seeking monetary damages from the state. California Ex-Walgreen druggist gets $1.2M in lawsuit FRESNO, Calif. (AP) -- A federal court jury in Fresno has awarded more than $1.2 million to a one-time Walgreen pharmacist who says he was fired for reporting Medicare fraud at several California stores. The Fresno Bee reports that Sami Mitri sued the country's largest drugstore chain under the federal whistleblower statute claiming his January 2010 firing was in retaliation for calling attention to illegal billing practices. Walgreen Co. said in court documents that Mitri was fired for working beyond his scheduled shifts even after being told to stop while the company was trying to curb overtime pay. A U.S. District Court jury on Friday found in favor of Mitri and awarded him $1.24 million. Mitri had worked for Walgreen for 13 years. The company did not immediately respond to an email seeking comment. New Mexico Ruling: Judge's bribery case can proceed to trial LAS CRUCES, N.M. (AP) -- A magistrate has found probable cause to believe that a New Mexico district judge attempted to bribe a fellow judge for her vote in an election. The ruling means the case against Judge Michael Murphy can proceed to trial in state District Court. Murphy was arrested in July after being accused of trying to bribe fellow District Judge Lisa Schultz last December in exchange for a tie-breaking vote in a chief judge's election. The Las Cruces Sun-News said Magistrate Judge Conrad Perea's decision came Saturday after four hours of cross examination of Schultz during a preliminary hearing. Murphy, 66, has pleaded not guilty and remains on indefinite, unpaid suspension from the bench. He already faces felony charges of bribery, criminal solicitation and witness tampering in a separate but related case that's scheduled to go to trial Oct. 31. The preliminary hearing in open court was requested by defense attorney Michael Stout in lieu of a closed-door grand jury proceeding. It began Friday afternoon with special prosecutor Matt Chandler's examination of Schultz. Schultz made an audio recording of a conversation in her office last November in which Murphy allegedly said she could receive a lighter caseload and possibly a dismissal of a Judicial Standards investigation into her if she cast a tie-breaking vote for Judge Douglas Driggers as chief judge. Schultz did not cast the vote for Driggers. Murphy already is under indictment on charges that he allegedly told a potential judicial candidate that she needed to make payments to a Dona Ana County Democratic activist if she wanted to be considered for a seat on the bench in 2007. The activist reportedly was the former secretary of then-Gov. Bill Richardson's finance committee for southern New Mexico during two elections. Richardson has called the accusations "outrageous and defamatory" and has denied accepting payments connected to his judicial selections. He appointed Murphy in 2006. Murphy has pleaded not guilty to all charges handed down in the May indictment. His defense said in court filings that the indictment was based on a flawed grand jury process that allowed the introduction of hearsay and other improper evidence. Published: Tue, Aug 23, 2011