Court Roundup

California Anti-Semitism claims against UC Berkeley dismissed BERKELEY, Calif. (AP) -- A federal judge has dismissed a lawsuit against the University of California, Berkeley filed by two Jewish students who alleged harassment by Muslim students. U.S. District Judge Richard Seeborg said much of the alleged harassment, even if true, constituted protected political speech that UC Berkeley had no obligation to stop. The San Francisco Chronicle reports that Seeborg issued his ruling last week. The plaintiffs, a current student and a recent graduate, said the harassment included checkpoints at an annual event protesting Israeli policies. Demonstrators in military attire and carrying fake weapons at the checkpoints allegedly asked passing students whether they were Jewish. The event, Apartheid Week, is held by Muslim student groups. Joel Siegal, a lawyer for the plaintiffs, said his clients are reviewing their options. Vermont Sex offender stays jailed for lack of housing BRATTLEBORO, Vt. (AP) -- A Vermont sex offender considered to be at high risk to commit another crime who was placed on probation after reaching a plea deal must stay in jail because he doesn't have an acceptable place to live. Thirty-three-year-old Scott French was placed on probation Dec. 20 after he agreed to the plea deal for violating his conditions of release by carrying brass knuckles with the intent to use them. French served 14 years in prison after he was convicted of a variety of offenses including sexual assault of a minor. He was arrested on Dec. 13 for failing to register as a sex offender. The Brattleboro Reformer says French has until Jan. 27 to find a place to live. If he doesn't, he will be back in court. South Carolina Woman sues bar for not checking her ID BLUFFTON, S.C. (AP) -- A woman is suing a Bluffton bar because a bartender didn't check her age before serving her on the night of the 2009 wreck that paralyzed her. The Beaufort Gazette reports that Chelsea Hess, who was then 20 years old, is a paraplegic because of the accident. Hess' lawsuit in 14th Circuit Court says she was served at Jock's Sports Grill, but the bartender failed to check her ID or to determine if she was already drunk. She's also suing the state Department of Transportation, saying the agency failed to properly maintain the shoulder of the road where her car crashed. Both the company that owns the bar and the DOT denied Hess' claims in court papers. Lawyers for both say Hess is responsible for her accident. Maine Convicted killer appeals to high court PORTLAND, Maine (AP) -- Maine's highest court is scheduled next month to hear the appeal of a Portland man convicted of killing his girlfriend, cutting the head off the corpse and setting fire to the body. The Portland Press Herald reports that Chad Gurney goes before the Supreme Judicial Court on Jan. 10. His lawyer intends to argue that Gurney was delusional and did not understand that his actions were wrong when he killed Zoe Sarnacki in May 2009. His attorney says psychotic episode stemming from a personality disorder, stress and withdrawal from an opiate painkiller is the likely explanation for the killing. Prosecutors argue that the 30-year-old Gurney showed that he could act with rationality the day of the killing. Gurney was convicted and sentenced to 60 years in prison. Mississippi Inmate's repeated appeals finally hit wall JACKSON, Miss. (AP) -- A former bouncer rebuffed five times by the Mississippi Supreme Court on post-conviction petitions to the point of being threatened with sanctions has finally hit a brick wall. Danny Allen Westbrook was convicted of murder in the beating death of George Sharpe. He was sentenced to life in prison in 2007 in Harrison County. Prosecutors said Sharpe came to the Gulf Coast from Virginia to work on rebuilding the St. Louis Bay bridge destroyed by Hurricane Katrina. Authorities said Sharpe visited Buddy's Inn Lounge in 2006 and was asked to leave after getting into an altercation. When Sharpe returned, authorities say Westbrook grabbed a bat from behind the bar, confronted Sharpe in the parking lot and hit Sharpe three or four times in the head. The state Court of Appeals upheld the conviction in 2009. The U.S. Supreme Court in 2010 declined to consider Westbrook's appeal of his conviction. What followed between October 2010 and September 2011 were a series of appeals filed by Westbrook himself seeking consideration of his post-conviction claim that his attorney should have done a better job. The Mississippi Supreme Court ruled in November 2010 that Westbrook had failed to show he had an issue on which he might win a new trial in a post-conviction hearing. In a post-conviction petition, an inmate argues he has found new evidence -- or a possible constitutional issue -- that could persuade a court to order a new trial. In four following orders, the Mississippi court repeatedly denied Westbrook's requests to reconsider his earlier petition or consider some new issue. In response to one of the petitions, Justice Ann H. Lamar warned Westbrook that if he kept it up his motions "may be deemed frivolous and may result in the imposition of appropriate sanctions." After those rebuffs, Westbrook went back to the U.S. Supreme Court, which on Dec. 12 declined without comment to hear the case. Montana County prosecutor to pursue pot grow-op owners HAMILTON, Mont. (AP) -- The Ravalli County prosecutor says the owners of a Stevensville marijuana growing operation raided in July will face four felony charges. The Ravalli Republic reports the partners who ran Banana Belt Caregivers are due in court Jan. 13 to answer to charges including drug production, distribution and possession with the intent to distribute. On July 20, Ravalli County sheriff's deputies seized evidence at the growing facility. Banana Belt was claiming to be a "provider" under the state of Montana's new marijuana law, the passage of which has seen the number of providers drop more than 10-fold since March. Montana's medical marijuana industry has been in disarray since then, when federal agents raided dozens of businesses, warehouse and provider homes and seized guns and cash. Wyoming Judge allows wild horse advocates into lawsuit CHEYENNE, Wyo. (AP) -- A federal judge is allowing wild horse advocacy groups to intervene in a lawsuit in which livestock operators are trying force the removal of wild horses from private lands in an area of roughly 2 million acres in southwestern Wyoming. U.S. District Judge Scott Skavdahl presides over the Rock Springs Grazing Association's lawsuit. The association wants to force the U.S. Bureau of Land Management to remove horses from private lands along the so-called "checkerboard area." The association says BLM has ignored a 30-year-old agreement to limit horse numbers. Skavdahl in November allowed the International Society for the Protection of Mustangs and Burros, the American Wild Horse Preservation Campaign and the Cloud Foundation to intervene. He denied a similar request from the Wyoming Stock Growers Association and other groups this month. New Jersey Convicted NJ murderer loses lawsuit over teeth TRENTON, N.J. (AP) -- A federal court has handed another defeat to one of New Jersey's most notorious convicted murderers. Last Friday in Trenton, U.S. District Judge Mary L. Cooper dismissed Michael LaSane's lawsuit against prison officials including former state Department of Corrections chief George Hayman. The suit alleged LaSane didn't receive proper care after he underwent dental surgery in 2007. LaSane pleaded guilty in 1997 to murdering Ocean County schoolteacher Kathleen Weinstein during a carjacking the year before. The plea was thrown out in 2004 after it was revealed LaSane's mother had had a romantic affair with his defense attorney. Weinstein secretly recorded the crime as it unfolded, and the tape was played during LaSane's trial in 2007 despite considerable efforts by Weinstein's husband to have it excluded. A jury convicted LaSane and he was sentenced to life plus 60 years, but that sentence was later reduced to life plus 30 years. Prosecutors contended he decided to steal Weinstein's1995 Toyota Camry as a present for his 17th birthday. Her body was found in a wooded area in Berkeley Township, her hands and feet bound with duct tape. She was smothered with her own clothing, authorities said. In his lawsuit, LaSane claimed his requests to be allowed to eat soft food were ignored after he underwent surgery to remove a cyst in the roof of his mouth. He named Hayman and several officials at New Jersey State Prison in Trenton. In her decision, Cooper ruled that LaSane hadn't exhausted the administrative appeals process and therefore wasn't entitled to sue under federal civil rights laws governing prisoners. LaSane could not be reached by phone Monday. Massachusetts Judge: Contents of abandoned safe belong to state LAWRENCE, Mass. (AP) -- A judge has ruled that the more than $178,000 stashed inside a safe found in an empty lot in Lawrence three years ago belongs to the state. The 2,000-pound safe was dumped in November 2008 by a tow truck driver who hauled it away from a shoe store once owned by Sally Daher, who died in 2001. The store's new tenant wanted it removed because he thought it might attract burglars. A judge ruled the safe's contents belong to the state's Division of Medical Assistance for bills Daher incurred while in a nursing facility for five years prior to her death. State law allows for health care costs to be recouped from a person's estate. One of Daher's children tells The Eagle-Tribune he's "ecstatic" the money will settle his mother's debt. Published: Wed, Dec 28, 2011