Texas
Attorney general's appeal rejected, trial is likely
AUSTIN, Texas (AP) - Texas Attorney General Ken Paxton's hopes of avoiding trial on criminal securities fraud charges all but vanished Wednesday when a court rejected his third attempt at dismissing indictments that have shadowed nearly his entire time in office.
Paxton, a Republican who was indicted eight months after winning his 2014 election in a landslide, signaled he isn't giving up. His attorneys said they anticipate asking the Texas Court of Criminal Appeals to reconsider its decision, though seldom are such requests granted.
A trial for Paxton would likely begin next year. He has pleaded not guilty to accusations of misleading wealthy investors he personally recruited in 2011 for a high-tech startup called Servergy Inc., which allegedly paid Paxton with 100,000 shares.
A federal judge, however, met those allegations with skepticism last week. The U.S. Securities and Exchange Commission had filed a civil lawsuit against Paxton that mirrored his criminal case, but U.S. District Judge Amos Mazzant threw out those charges Friday, saying federal regulators lacked evidence of Paxton duping investors.
"The charges against Ken Paxton are without merit. A federal court, following a lower legal standard, ruled that the fraud charges were baseless," Paxton attorney Philip Hilder said.
The collapse of the civil case gave Paxton a long-sought court victory over the accusations that have marred his political rise. Among those he allegedly misled was a fellow Republican lawmaker who at the time served with Paxton in the Texas Legislature.
Mazzant "conditionally granted" the dismissal of the SEC charges after concluding that Paxton was under no obligation to tell investors he was being paid by Servergy. Mazzant gave the SEC two weeks to bring new arguments against Paxton.
But three criminal courts in Texas have decided the indictments are sound enough to let the case proceed to trial. The latest court to reject Paxton is the same Republican-dominated panel that earlier this year threw out felony abuse-of-power charges against former Gov. Rick Perry.
The Texas Court of Criminal Appeals gave no explanation in rejecting Paxton's request Wednesday.
"Today's ruling marks an end to Mr. Paxton's almost yearlong attempt to avoid being judged by a jury of his peers. We look forward to going to trial and seeking justice on behalf of the people of Texas," special prosecutor Brian Wice said.
Paxton has spent most of his 22 months on the job under felony indictment. The allegations have hounded Paxton while building his profile nationally, leading lawsuits against the Obama administration over immigration, transgender rights and Syrian refugees.
Tennessee
Man charged with kidnapping girl to be extradited
MEMPHIS, Tenn. (AP) - A man charged with kidnapping a 4-year-old Florida girl from her home and driving her to Tennessee has agreed to be extradited.
During a court hearing Wednesday in Memphis, West Wild Hogs agreed to be returned to Florida to face the kidnapping charge. He was arrested at Baptist Memorial Hospital-Memphis on Monday after two hospital workers recognized Hogs and Rebecca Lewis from an Amber Alert.
Authorities say the 31-year-old Hogs took Rebecca from Polk County, Florida, on Saturday morning. They were spotted in Georgia later that day, and Tennessee authorities issued an Amber Alert for him and the girl Monday.
Special Judge David Pool set a $500,000 bond for Hogs. It is not immediately clear when Hogs will arrive in Florida.
Rhode Island
Prep school grad's lawyer: Computer charge not supported
CONCORD, N.H. (AP) - A former New Hampshire prep school student requesting a new trial on charges of sexual assault and using a computer to lure a minor says emails between him and a 15-year-old student don't support the computer charge because they never left the school's internal intranet server.
Owen Labrie is appealing his convictions, arguing they resulted from ineffective counsel during his 2015 trial. The St. Paul's School graduate was convicted as part of a game of sexual conquest called Senior Salute.
In documents submitted Tuesday, Labrie's new lawyer says his trial lawyers failed to investigate the origins of the emails forming the basis of the felony computer charge. State law says no one shall use a computer "on-line service, internet service, or local bulletin board service" to lure a minor, but not locally hosted intranet servers.
Virginia
Officer gets prison in the shooting death of unarmed teen
PORTSMOUTH, Va. (AP) - A Virginia judge has sentenced a white, former police officer to 2 ½ years in prison for fatally shooting an unarmed black teen suspected of shoplifting.
Media outlets report that a judge sentenced Stephen Rankin on Wednesday to the maximum recommendation from the jury that convicted the former Portsmouth officer of voluntary manslaughter in the death of 18-year-old William Chapman II. After the sentence was handed down, Rankin said he was deeply sorry.
The judge couldn't increase the recommended sentence, but could have reduced it. The judge denied defense attorneys' request that Rankin remain free on bond during his appeal.
Rankin shot Chapman in the face and chest outside a Wal-Mart last year after a security guard accused the teen of shoplifting. Rankin was fired after the indictment.
Ohio
Mom, grandma face sentencing in teen's heroin death at hotel
AKRON, Ohio (AP) - The mother and grandmother of a teen who died from a heroin overdose at an Ohio hotel are scheduled to be sentenced for giving the 16-year-old the drugs that killed him.
Prosecutors say the grandmother delivered the drugs that her daughter and a friend used with the teen at a hotel in suburban Akron.
Investigators say Andrew Frye was found dead last April in a chair inside the hotel room that was littered with syringes and drug paraphernalia.
Both his mother, Heather Frye, and grandmother, Brenda Frye, pleaded guilty to involuntary manslaughter and other charges last month.
Prosecutors say Brenda Frye got the heroin from her boyfriend who pleaded guilty to heroin possession.
Published: Thu, Oct 13, 2016
