Court Roundup

Missouri Lawyer scolded after client's twin appears instead KANSAS CITY, Mo. (AP) -- A Kansas City attorney is in hot water after her client's identical twin sat beside her at a court hearing and the judge mistook the man for the defendant. Darrel White was due in court Wednesday on a robbery charge. But when Judge Kenneth Garrett asked "Mr. White" to come forward, Darion White sat next to defense attorney Dorothy Savory. The Kansas City Star reports the robbery victim identified Darion White as her attacker. About that time, Darrel White stepped off an elevator and was spotted by the officer who had arrested him. Darrel White was taken into custody and the judge called a recess. Garrett told Savory he was furious. The lawyer replied that the judge simply asked for "Mr. White" to come forward, without saying which one. Vermont Defendants challenge state DNA law NEWPORT, Vt. (AP) -- Several criminal defendants in Vermont are challenging a new state law mandating that people charged with felonies provide DNA samples to police. Judge Robert Bent heard arguments form the state's attorney general's office and the defender general's office in Orleans Superior Court on Wednesday. The state has required DNA samples from people convicted of certain felony offenses since 1998. In 2005, the Legislature expanded the law to include anyone convicted of a felony. Last year, the law was expanded again to include anyone charged with a felony for which the court has found probable cause. The Caledonian Record reports defense attorneys say that's the crux of the issue -- demanding a sample before a conviction. The rule is being argued in several counties. South Dakota May trial set for South Dakota murder suspect TYNDALL, S.D. (AP) -- A South Dakota man accused of killing his infant son is to stand trial next spring. The 10-day trial for 37-year-old Chris Miller of Scotland is scheduled to begin May 14 in Tyndall. Miller is accused of killing 4-month-old Jacob in March by shaking and beating the child. He has pleaded not guilty to several charges, including murder. Defense attorneys have been seeking the medical records of Miller's wife, alleging that Stacy Miller was depressed before and after giving birth and was unstable. Her attorney has said that Miller's attorneys want to cast suspicion on her. The Press & Dakotan newspaper reports that a judge this week said he will review the medical records to see if there is any material that is relevant to the case. Nebraska Ex-child care operator gets another shot to sue OMAHA, Neb. (AP) -- The Nebraska Supreme Court has given a former day care operator who was cleared of felony child abuse in the death of an infant another shot at suing a state pathologist for malicious prosecution. Carla McKinney filed a lawsuit against Dr. Matthias Okoye more than a year after prosecutors dropped charges against her in the 2007 death of 4-month-old Chase Madsen. Okoye's autopsy on the baby determined the boy died as a result of child abuse, leading to McKinney's arrest. But two other pathologists hired by McKinney's attorney disagreed, and the charge was dropped. A judge dismissed McKinney's lawsuit last year, saying state law protected the doctor from lawsuits. But the Nebraska Supreme Court reversed that decision Friday, saying the law does not bar a claim for malicious prosecution. Oklahoma Suspected killer seeks to move trial from Tulsa TULSA, Okla. (AP) -- The attorney for a Tulsa man charged in what police say was a murder-for-hire killing of a Tulsa businessman is asking for a change of venue. The Tulsa World reports that the motion filed this week asks that the murder trial of Mohammed Aziz be moved out of Tulsa County because of pretrial publicity. Aziz is charged with first-degree murder, conspiracy to commit murder and soliciting first-degree murder in the September 2008 shooting death of Neal Sweeney at Sweeney's fuel marketing business. Aziz has pleaded not guilty. Prosecutors say Aziz operated convenience stores that bought fuel from Sweeney's business and that Sweeney had been involved in a lawsuit against Aziz. California Mom of dead homeless man sues for more information SANTA ANA, Calif. (AP) -- The mother of a homeless man who died after a confrontation with Fullerton police has sued the Orange County district attorney for access to records of her son's death. Cathy Thomas' lawsuit filed last week seeks surveillance video, police audio recordings, witness statements and other records from the July 5 confrontation that resulted in the death of her son, Kelly Thomas, a mentally ill homeless man. Cathy Thomas' attorney Brian Gurwitz said that she is entitled to the information under the California Public Records Act. The records act "makes a very clear distinction that a victim should be treated differently than the general public," Gurwitz told The Orange County Register. The district attorney's office has declined to release the information, saying it could hurt their case against the two officers who face prosecution in the death. Deputy District Attorney Rebecca Olivieri acknowledged to the Register that Cathy Thomas is a victim entitled to records "at some point in time," but releasing information now "would clearly endanger the successful completion of the investigation and the case against the defendants." Officer Manual Ramos faces second-degree murder and involuntary manslaughter charges in the death, while Cpl. Jay Cicinelli faces charges of involuntary manslaughter and excessive force. Both men have pleaded not guilty. Published: Mon, Dec 19, 2011