National Roundup

California
LA attorney faces suspension over doctored photos

LOS ANGELES (AP) - A judge has recommended a six-month suspension for a Los Angeles attorney who posted doctored photos on her firm's website that show her with high-profile people such as President Obama, Hillary Clinton and George Clooney.

In an 18-page decision this month, Judge Donald Miles said Svitlana Sangary failed to remove the images after a State Bar warning that they were false advertising; disregarded the disciplinary process and responded to the charges with a 16-page soliloquy that had little or nothing to do with the case.

The California Supreme Court will decide on the recommendation.

In a rambling statement to The Associated Press, Sangary implied that the photos were genuine. The attorney says she was photographed with "talented and successful people" at charity and political events and provided a photo link.

Rhode Island
City defe­nds former mayor in parade lawsuit

PROVIDENCE, R.I. (AP) - The city of Providence is defending former Mayor Buddy Cianci in a lawsuit brought by firefighters ordered to drive a fire truck in a 2001 gay pride parade.

The sides went before the Rhode Island Supreme Court on Tuesday to argue over whether Cianci and his then-fire chief are immune from being sued in the matter.

Cianci was forced from office in 2002 after being convicted of corruption. He is running for mayor again.

Two firefighters have argued that their constitutional religion and free speech rights were violated when they were ordered to drive in the parade.

The city argues that it sent trucks to parades as a matter of course, it was part of the firefighters' regular duties, and no constitutional rights were violated.

Montana
Man charged with threatening to take over ranch

HAMILTON, Mont. (AP) - A 73-year-old Missoula man who lost his Florence-area ranch in a 1979 divorce and spent more than 20 years in prison for intimidating judges, attorneys and others involved in the case is now charged with threatening to kidnap the current owners and showing up at the property.

John Fesler Lance II was arrested at the ranch on Sept. 15 after Ravalli County deputies arrived to find him on the ground with owners Lee and Lucinda Hayne each pointing a gun at him.

He remained jailed Tuesday with his bail set at $200,000 on charges of intimidation, stalking, trespassing and violating a protective order.

Court records say Lance showed up outside Lucinda Hayne's office on April 1, the day after he was released from prison. He was convicted of violating a protective order.

Nebraska
Man gets prison in link to killing of 4-year-old boy

HASTINGS, Neb. (AP) - A Hastings, Nebraska man was sentenced to up to five years in prison on a charge related to the shooting death of his girlfriend's 4-year-old son by his 9-year-old brother, according to court records.

The 31-year-old man was sentenced on Monday to 59 to 60 months in prison. His attorney said the man is considering an appeal.

His girlfriend's 9-year-old son has been charged with manslaughter, accused of using a .22-caliber rifle to fatally wound his little brother in April.

The boys' mother was convicted after she pleaded no contest on Sept. 9 to felony negligent child abuse resulting in injury. Prosecutors had lowered the charge from felony negligent child abuse resulting in death. Sentencing for the 30-year-old woman is scheduled for Oct. 28.

The Associated Press generally does not identify children accused of crimes. For that reason, the AP is not naming the adults or children involved the case.

Prosecutors have said police, school and mental health officials had concerns about the 9-year-old's violent behavior and that officials had warned both his mother and her boyfriend in the weeks before the April 18 shooting not to have guns in the house and to lock up all knives and other sharp objects.

An arrest affidavit says the mother didn't see the urgency in securing those items and made excuses, such as needing knives for cooking. Police said they found six firearms and ammunition in the home. None of the guns had been locked up.

Kansas
State High Court ruling concerns prosecutors

OLATHE, Kan. (AP) - Some Kansas prosecutors say a state Supreme Court ruling could lead to the release of more than 200 dangerous inmates who would have their sentences reduced.

The ruling concerns whether a defendant's prior felony convictions are classified as "crimes against persons" or "nonperson" crimes under current state guidelines, The Kansas City Star reported (http://bit.ly/1wJ5Q7T ). The court said in May that all felony convictions from other states before July 1, 1993, should be considered nonperson crimes for sentencing. But after questions arose about ambiguity in that ruling, the court clarified Friday that the ruling pertained only to out-of-state convictions.

Scott Schultz, executive director of the Kansas Sentencing Commission, says an estimated 235 inmates could have their sentences reduced because of the ruling.

"It's very disappointing," Johnson County District Attorney Steve Howe said. "In all likelihood, it will benefit some really horribly dangerous inmates."

Under the state guidelines, a defendant who previously committed crimes such as sex offenses, robbery, aggravated assault and murder receives a longer sentence than someone with previous convictions were for "nonperson" crimes like forgery and theft.

Four years ago, inmate Jimmy Murdock appealed after the state lengthened his sentence for a 2010 robbery conviction by classifying it as "crimes against persons" and considering 1984 and 1990 robbery convictions from another state.

He argued that because Kansas did not have the "person" or "nonperson" classifications in place when he was convicted for earlier crimes, the state should not have classified the 2010 conviction as against a "person." He cited a state law that requires "unclassified felonies and misdemeanors" to be considered as nonperson offenses for sentencing.

The state Supreme Court ruled in Murdock's favor in May, a decision that essentially cut in half the 19-year sentence Murdock received in 2010.

Howe said the decision probably will have a bigger impact in counties that are close to state borders and he suggested prosecutors might seek to withdraw plea offers if the sentences they negotiated are no longer available.

Published: Wed, Sep 24, 2014