ABC is already moving from the Seattle suspect to Mike Huckabee's pardon of Wayne Dumond with "Huckabee Helped Set Rapist Free Who Later Killed Missouri Woman."

ABC didn't seek out Wayne Dumond's attorney for information about the case. That's okay, I did, in 2007.

Former TalkLeft contributor, Last Night in Little Rock also known as John Wesley Hall (immediate Past President of the National Association of Criminal Defense Lawyers), was Wayne Dumond's post-conviction attorney. (The Arkansas Times profiled him here earlier this year. )In addition to seeking post-conviction relief in the state courts, John represented Dumond in his federal habeas actions, the pre-Huckabee clemency request and in the civil case against Sheriff Coolidge Conlee, who displayed Dumond's castrated testicles on a jar on his desk. John obtained a $150,000.00 verdict for Dumond for the tort of outrage. The Sheriff later died in prison while serving his own 20 year sentence for extortion, gambling and other crimes. (Arkansas Democrat-Gazette, 9/26/96, available on Lexis.com)

We covered Huckabee's pardons extensively during the last presidential campaign. I posted a list of notable ones here. More here. [More...]

Preparations are underway for Roman Polanski to be released from jail on bail and home detention at his chalet in Switzerland. The Swiss Justice Ministry announced today they will not appeal the decision.

Polanski will be released from custody as soon as bail has been transferred, ID and travel documents have been lodged, and the electronic monitoring system has been installed and tested.

He served 60 days in jail following his extradition arrest, and the appeals court in LA still has his motion to dismiss under consideration. The victim has asked the appeals court to dismiss the case.

Oral argument in the California appeal is set for December 10.

Congrats to Ben Kuehne. After two years of being under federal indictment for money laundering resulting from legal advice he gave regarding accepting legal fees from a cocaine trafficker, the Government moved today to dismiss the case, with prejudice.

Federal authorities decided to give up their closely watched case against Ben Kuehne, who advised defense attorney Roy Black to accept $5.2 million in payments from defendant Fabio Ochoa after concluding the money was clean.

Prosecutors said they dismissed the indictment against Kuehne -- citing ``the interests of justice'' -- mainly because of the recent loss of a crucial appeal over a money-laundering charge that was the backbone of their case, according to a court filing.

Kuehne's reaction: [More...]

Director Roman Polanski has been granted bail in Switzerland.

German radio reported this morning (hat tip to reader Scribe for the translation:)

The film director Roman Polanski, incarcerated because of sexual misconduct, will be released from jail on bail. The Swiss federal court in Lausanne imposed a bail of about 3 million Euros. Polanski must turn over all passports and will be placed under house arrest. Additionally, the court may require him to wear an electronic ankle bracelet. The Swiss police had arrested the director at the end of September on an arrest warrant out of the USA. Polanski is alleged to have abused a 13 y/o girl in 1977 after giving her alcohol and drugs.

Polanski will remain in jail while the Swiss Justice Ministry decides whether to appeal. They have 10 days to make the decision.

The Government ought to give John Gotti, Jr. a rest. After 9 days of deliberations in a 4th retrial, the jury announced it was deadlocked. But the Judge gave them the dynamite charge, rather than let them go.

The end seemed near for the fourth racketeering trial of Gotti when the jury said it could not reach a unanimous verdict in a note late in its ninth day of deliberations, a record for the Gotti trials. Gotti, 45, blew a kiss to his family before taking his seat.

After rejecting a defense request to declare a mistrial, U.S. District Judge Kevin P. Castel summoned the jury and delivered a so-called Allen charge, instructing jurors to try hard once more to come to a consensus.

[More...]

Major Nidal Hasan had his first hearing in the Ft. Hood murder case. The hearing was held in the hospital. His lawyer says he is paralyzed from the chest down, incontinent and in severe pain.

He will be tried in a military court, and additional charges may be pending. Military prosecutors plan to seek the death penalty.

How barbaric that the military will seek to kill a man with no sensation in his body from the chest down. He might prefer it (I certainly would) but it's inexusable behavior for a civilized society and way beyond the pale of decency.

The military will seek the death penalty against Maj. Nidal Hasan, the suspect in the Fort Hood killings.

The Army's intent to seek the death penalty in the Hasan case will likely set off years of legal wrangling. No active-duty troops have been executed in nearly 50 years, and defendants in military death-penalty cases can appeal their convictions in a series of military and civilian courts, including the U.S. Supreme Court.

Even if a ruling is fully upheld, the president has to personally approve an order to carry out the execution, further slowing the process, according to Eugene R. Fidell, an expert on the military justice system at Yale Law School.

Another waste of resources. Or maybe it's just a bargaining chip to get Hasan to forego an insanity defense and plead guilty, accepting life in the brig as a sentence.

Update: One of the jurors says she'd invest with the defendants if she had the money. Also,

[Juror]Stimpson said she came into the trial thinking both Cioffi and Tannin were guilty of the fraud, insider-trading and conspiracy charges. She said she began to have second thoughts as the testimony progressed and defense lawyers “tore the government witnesses apart.”

What's troubling is the juror's admission she was not providing them with the presumption of innocence at the start.

A federal jury today acquitted Ralph Cioffi and Matthew Tannin, former Bear Stearns hedge fund managers, of fraud and insider trading charges. It's a big loss for the Government.

They were the first Wall St. executives to go on trial for actions that allegedly brought the collapse of the financial market two years ago.[More...]

Astronaut Lisa Nowak pleaded guilty to reduced charges today and was sentenced to two days in jail, already served, and a year probation.

Before a packed courtroom 1:30 p.m., Lisa Marie Nowak, 46, pleaded guilty to counts of third-degree burglary of a conveyance and misdemeanor battery. She was originally charged with more-serious counts of attempted kidnapping and burglary with assault in addition to misdemeanor battery. Prosecutors dropped a count of attempted kidnapping.

It looks like the Judge withheld adjudication, which means she won't permanently have a felony conviction provided she successfully completes her probation. Why the great deal? Perhaps because the defense successfully moved to suppress the search of her car and her statements. And no, she wasn't intending to wear the diapers. [More...]

Washington prosecutors drop pot charges against Giants pitcher Tim Lincecum:

Prosecutors in Clark County, Wash., and Tim Lincecum have reached an agreement in which the pitcher will pay a $250 fine relating to his possession of a marijuana pipe with the drug possession charge being dropped. Lincecum also must pay a $122 fine for speeding.

[. . .] "Any Joe Blow would get (this deal)," [Clark county prosecutor Grant] Hansen said. "The way we see it, we can do something to him or we can do something for him. If we can give him a little leniency the first time, in my opinion, it goes further for being law-compliant in the future than if we kick him in the teeth."

Lincecum was cited by the Washington State Patrol for possessing 3.3 grams of marijuana and the pipe, both misdemeanors, during a traffic stop on Interstate 5 one week ago.

You will get better information about the events in the Media. I have nothing to say about it other than I hope for the best and for the well being of those injured.

Feel free to add your thoughts below.

Update: The Plea Agreeement is here. (pdf)

Update: Judge says Bernie has done much good in his life and he will consider bail pending sentencing. For now, he will remain in jail.

Jailed former NY Police Commmissioner Bernie Kerik pleaded guilty today to charges he lied to the White House on his application to become Homeland Security chief in 2004, after being nominated for the position by President George W. Bush.

Kerik will also admit to tax evasion. The tax counts were set for trial separately. In all, he will plead to eight charges.

Mr Kerik made the first of eight expected pleas at a court in White Plains, New York state, on Thursday. The admissions are part of a plea bargain designed to head off three pending trials on 15 federal counts. Mr Kerik had previously denied all charges.

The prosecution is recommending a sentence of 27 to 33 months in prison . The plea documents are not yet on the court's website. [More...]