National Roundup

North Dakota
Convicted killer appealing to Supreme Court

BISMARCK, N.D. (AP) — Attorneys for a man sentenced to life in prison for fatally beating a woman in Bismarck are arguing that some evidence should have been suppressed during his trial.

Morris Brickle-Hicks is appealing his murder conviction before the North Dakota Supreme Court. A jury convicted him last fall of killing 40-year-old Misty Coffelt in April 2016 behind a farm goods store. He was sentenced to life in prison without parole.

The Bismarck Tribune reports Brickle-Hicks’ attorney, James Loraas, says incriminating statements and clothing evidence should have been suppressed because his client didn’t voluntarily waive his Miranda rights in a police interview.

Loraas has asked the high court to vacate Brickle-Hicks’ conviction or remand for a new trial. The court did not immediately rule.

Indiana
College skirts health care law’s birth control rule

FORT WAYNE, Ind. (AP) — A northern Indiana college has won its long-running lawsuit seeking religious exemption from paying for employees’ birth control under former President Barack Obama’s health care law.

Federal Judge Jon E. DiGuilio in South Bend issued a permanent injunction Monday sought by Grace College and Seminary, The Journal Gazette reported . The ruling stops the enforcement of a portion of the law related to providing contraception, abortion-inducing drugs and sterilization through student and employee health insurance plans.

DiGuilio said the Department of Justice under President Donald Trump no longer defends the measure, citing that it would violate the federal Religious Freedom Restoration Act. Grace is an evangelical Christian college.

Grace had filed the lawsuit alongside Biola University in California. The schools were represented by the Arizona-based Alliance for Defending Freedom of Scottsdale.

The schools had demonstrated that they would suffer “irreparable harm” by having to violate their religious beliefs or incur substantial financial penalties, DiGuilio said.

The order removes requirements to fill out forms that authorize the coverage of abortion-inducing drugs, said Gregory S. Baylor, senior counsel with the alliance.

“The government has many other ways to ensure access to these drugs without forcing people of faith to violate their deepest convictions,” he said.

Grace President Bill Katip said the decision will allow the school to provide health care benefits while maintaining their moral beliefs.

“Christian institutions like ours should not be forced to abandon our religious beliefs to remain lawful,” he said.

North Dakota
Justices: Police search inside of bra went too far

FARGO, N.D. (AP) — The North Dakota Supreme Court says a female officer went too far during a pat-down search when she removed cash and drug paraphernalia from the bra of a woman who has an extensive criminal history and is known to conceal contraband.

The ruling issued Tuesday supported Jessica Broom, who appealed to the high court after a judge refused to suppress evidence from the March 2017 search in Bismarck. The justices say the officer’s actions violated both the Fourth Amendment regarding unreasonable searches and seizures and state law on the same issue. They threw out guilty pleas by Broom on two drug charges.

The incident happened after officers stopped a vehicle that was reported stolen and recognized Broom from previous drug arrests. Police say Broom, who was a passenger, acted “jumpy and jittery” and did not follow their commands while inside the car. She was eventually taken out of the car and handcuffed.

Officer Amanda Gallagher, who arrived at the scene after the traffic stop, conducted the pat-down and said she felt a “large, soft bulge” inside Broom’s bra that Broom said was a wad of money. While retrieving the cash, Gallagher discovered a baggie filled with other baggies, a small glass vial and a rolled-up $10 bill. Broom was arrested.

South Central District Judge Sonna Anders later denied Broom’s claim that the search was unconstitutional, saying Broom’s anxiety, criminal history and ability to hide items “on and in her body” gave Gallagher “reasonable grounds” to search for weapons and check inside her bra.

Broom’s attorney, Kiara Kraus-Parr, argued in front of the Supreme Court that her client may have a history of concealing contraband, but not weapons. Gallagher further testified that she didn’t feel anything similar to a gun, knife or other weapon during the pat-down, the attorney noted.

Justices say Gallagher did not have a “reasonable suspicion” that Broom was armed and dangerous and Anders should have ruled in favor of Broom’s motion to suppress evidence.

Connecticut
Man pleads guilty to trafficking whale teeth

SALISBURY, Conn. (AP) — A Connecticut man has pleaded guilty to smuggling more than $26,000 worth of endangered sperm whale teeth from Ukraine into the U.S.

The U.S. Department of Justice says John Bell, of Lakeville, entered his plea Wednesday to wildlife trafficking in violation of the Lacey Act. The law bans trade in illegally obtained wildlife, fish and plants.

Court records show Bell sold about 34 teeth to a co-conspirator in Massachusetts. The teeth weigh about 2 pounds (0.90 kilograms), and Bell told a buyer they would cost about $310 per pound.

Bell works as an artist, and documents show he listed the teeth as “paintings” on receipts to hide their sales.

The buyer was convicted in connection with the trafficking in 2010 and sentenced to 33 months in prison.


Pennsylvania
Funeral home owner stole nearly $300K from clients

HULMEVILLE, Pa. (AP) — A Pennsylvania funeral home owner has admitted stealing nearly $300,000 from dozens of clients who prepaid for their funerals.

David Faust pleaded guilty Wednesday to numerous charges, including theft, forgery and illegally collecting Social Security disability benefits. He faces up to 71 years when he’s sentenced later this year.

Authorities say that from April 1999 to July 2017, Faust stole $296,853 from 54 people who had paid in advance for funeral services. Those prepayments ranged from $400 to $14,460.

Authorities began probing the business two years ago when a Bucks County official noticed signatures for some doctors were “inconsistent” on some death certificates she received. Further investigation found Faust had forged the death certificates and that some of the people were still alive.