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The 'Mormon Murder Trial' Of Jodi Arias Is Becoming Even More Ridiculous

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Juan Martinez and Jodi Arias

PHOENIX (AP) — The Jodi Arias murder trial became even more of a spectacle Thursday as defense attorneys argued that the prosecutor committed misconduct by signing autographs and posing for pictures with fans outside court.

The argument prompted the judge to call a cable TV legal analyst to testify, and she was asked about what she has witnessed as dozens of trial watchers gather on a daily basis to see people involved in the case.

Defense attorney Kirk Nurmi argued that the interaction could taint the jury pool.

"I believe that this misconduct may very well have been seen by jurors," Nurmi told the judge.

The argument played out as officials revealed that the cost of Arias' defense to taxpayers has exceeded $1.4 million to date. Arias is represented by court-appointed attorneys at a rate of up to $250 per hour after she was unable to afford her own defense.

The trial has dragged on for about three months and become a cable TV and tabloid sensation with tales of sex, betrayal, religion and a bloody killing, attracting a following of thousands who can watch it streamed live via the Web.

It has become such a curiosity that people have made trips to the courthouse to see the trial, many to congratulate prosecutor Juan Martinez for his performance.

"I came here from San Antonio, Texas. I've been watching the trial. You're doing a great job," said a man who approached Martinez inside the courtroom this week.

Martinez has on at least one occasion exited the building through the front door and was surrounded by trial watchers offering him praise. He has declined to discuss the case outside court.

In a video posted on azcentral.com last week, Martinez is seen posing for pictures and even autographing the cane of a woman who has been watching the trial.

"There were several individuals interviewed about how great he is," Nurmi said. "It's entirely possible that more than one juror saw this."

At least one juror sometimes lingers outside the courthouse after the trial has concluded for the day while spectators mull around, cameras at the ready, waiting for Martinez and others to emerge.

On Thursday, Judge Sherry Stephens privately questioned each juror about whether they had witnessed Martinez's interactions with the crowd. Jurors in the case are not sequestered and are warned daily by the judge to avoid media coverage of the trial.

Within an hour of testimony ending Thursday, the juror who has been seen in the past outside the courthouse after trial sat eating ice cream on a bench near a group of spectators who were waiting for the prosecutor.

Martinez chose to take a different exit Thursday afternoon and avoided the scene.

"Defense counsel may not like that people have come up to the prosecutor and asked him whatever they may have asked him," Martinez told judge. "That is not misconduct."

It was unclear when Stephens would rule on the issue.

The judge called to the witness stand Jean Casarez, a legal analyst with Turner Broadcasting's In Session, who had made comments on air about the scene.

"I said I have seen a juror just sitting outside the front door of the courthouse," Casarez said. "And I said my concern would be if a juror would see that, that would be my concern."

However, she added, "I never saw it personally."

Another In Session employee is set to be questioned by the judge when the trial resumes Tuesday.

Arias faces a possible death sentence if convicted of first-degree murder in the June 2008 killing of Travis Alexander in his suburban Phoenix home.

Authorities say she planned the attack on her lover in a jealous rage. Arias initially denied involvement then blamed it on two masked intruders. Two years after her arrest, she said it was self-defense.

After arguments over the misconduct allegation Thursday, testimony resumed with a domestic violence expert explaining how Arias was vulnerable at the time she met Alexander and had a hard time declining his sexual advances.

Psychotherapist Alyce LaViolette has spent about three days on the witness stand largely discussing the traits of victims and abusers in generalities.

On Thursday, she explained that she spent more than 40 hours interviewing Arias and referred to several movies, including "Sleeping with the Enemy," as she described how battered women react differently to abusive partners.

During 18 days on the witness stand, Arias described an abusive childhood, including her father belittling her mother, cheating boyfriends, dead-end jobs, a shocking sexual relationship with Alexander, and her contention that he had grown physically violent in the months leading to his death.

LaViolette said Arias' upbringing shaped her belief about relationships.

"She said, 'I learned about loyalty,'" LaViolette said. "She said, 'I think I must have learned about giving up the things I want for somebody I love.'"

LaViolette is working to explain why Arias continued seeing Alexander even after she says he grew physically abusive.

However, there has been no testimony other than Arias' and no evidence at trial to corroborate the defendant's claims that Alexander had ever been physically violent in the past.

Alexander suffered nearly 30 knife wounds, was shot in the head and had his throat slit. Arias' palm print was found in blood at the scene, along with her hair and nude photos of her and the victim from the day of the killing.

Arias said she recalls Alexander attacking her in a fury after a day of sex. She said she ran into his closet to retrieve a gun he kept on a shelf and fired in self-defense but has no memory of stabbing him.

She acknowledged trying to clean the scene, dumping the gun in the desert and working on an alibi to avoid suspicion. She said she was too scared and ashamed to tell the truth at the time but insists she isn't lying now.

SEE ALSO: Meet The 32-Year-Old At The Center Of The Incredibly Salacious Mormon Murder Trial

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'Girls Gone Wild' Marketer Can Be Sued Over Image Of A Topless 14-Year-Old

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Girls Gone Wild Joe Francis

A "Girls Gone Wild" video marketer can be sued for using an image of a topless 14-year-old on a video box cover, Georgia's highest court has ruled.

Plaintiff Lindsey Bullard was just 14 years old back in 2000 when she flashed her breasts to two men she didn't know in the popular destination of Panama City, Fla.

The then-teen knew they were taping her, but she says she didn't realize the footage would ultimately go to "Girls Gone Wild" marketer MRA Holding LLC.

MRA used a still image of her on the cover of "College Girls Gone Wild," with the words "Get Educated!" superimposed on her breasts, according to the court ruling.

Bullard filed a lawsuit against MRA in 2004, claiming she became known as a "porn star"at school after the video was released. A judge dismissed her claim for child exploitation in September, ruling that a private citizen can't sue over alleged violations of Georgia's child explotation laws. (Only the government can file criminal charges over those laws.)

The judge also agreed with MRA that Bullard never produced any evidence that the "Girls Gone Wild" makers knew she was a minor.

However, the Georgia Supreme Court was asked to weigh in on whether she could still pursue her case under a different legal doctrine — an "appropriation of likeness claim."

Under such a claim, people can sue companies for making money off their images without their permission. The Georgia Supreme Court ruled Bullard can in fact sue under such a claim.

"Here, Bullard is a private citizen whose image was arguably used without her consent to endorse an MRA product for MRA's commercial gain," the court ruled.

Lawyers for both sides did not immediately respond to requests for comment Friday.

SEE ALSO: 'Girls Gone Wild' Founder Files For Bankruptcy So Steve Wynn Can't Get Its Money

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The Two Gay Marriage Cases Could Totally Undermine Each Other

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Gay Marriage

The legal arguments made by two groups who are both fighting for gay marriage might be at odds with each other.

The "irresolvable depth" of the tension between the two gay marriage cases became evident during arguments this week, SCOTUSBlog's Tom Goldstein points out.

One case challenges the anti-gay Defense of Marriage Act  and argues the federal government should recognize same-sex marriages that are currently legal in nine states. (DOMA, enacted in 1996, limits marriage to man-woman couples for federal law purposes.)

The other case, however, is a challenge to Proposition 8, a California law that banned gay marriage. A federal court (which is part of the federal government) overturned the law, and gay rights activists are fighting to keep the law overturned.

"The challenge to DOMA is undergirded by a sense that marriage is a matter for state rather than federal regulation,"Goldstein writes in SCOTUSBlog."The challenge to Proposition 8 is a direct challenge to just such a decision by a state."

The tension between the two legal theories was evident when Roberta Kaplan was arguing the case against DOMA for her client, 83-year-old lesbian widow Edith Windsor.

Kaplan argued that DOMA violates the Equal Protection Clause of the Constitution, rather than stressing that it infringes on states' rights under the principles of federalism.

Chief Justice John Roberts asked Kaplan whether it would violate states' rights if the federal government "went the other way" and said gay couples explicitly had the right to marry.

Here's the exchange that followed:

MS. KAPLAN: "I think the question under the Equal Protection Clause is -- is what the distinction is [between gay couples and straight couples].

CHIEF JUSTICE JOHN ROBERTS: "No, no. I know that. You're following the lead of the Solicitor General and returning to the Equal Protection Clause every time I ask a federalism question."

It's pretty clear why Kaplan and the lawyer for the gay-friendly Obama administration might want to focus on the equal protection argument rather than the federalism argument.

If the Supreme Court says the federal government can't regulate marriage, then the feds can't step in and say every state must allow same-sex unions.

So, if DOMA dies on federalism grounds alone, gay rights activists might have to wait a while before every state in the union legalizes gay marriage on its own.

SEE ALSO: This Is America's Biggest Moment Ever For Gay Rights

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Zumba Instructor Admits To Running Brothel Out Of Her Fitness Studio

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Alexis Wright in Portland, Maine court

A 30-year-old Zumba instructor in small-town Maine admitted to running a one-woman brothel out of her fitness studio, USA Today reports.

Disgraced fitness instructor Alexis Wright pleaded guilty to 20 counts as part of a plea bargain in which prosecutors will recommend 10 months in jail.

The arrest of the "bubbly" fitness instructor rocked the tiny town of Kennebunk, the Associated Press reported in October.

More than 100 men allegedly paid Wright for sex, including South Portland Mayor James Soule. She allegedly kept extensive records and video recordings of sex with men who paid her, according to the Portland Press Herald.

Wright was accused of conspiring with 57-year-old Mark Strong to run the business. He was already tried and sentenced to 20 days in jail and a $3,000 fine.

From the Portland Press Herald:

"The evidence presented at Strong’s trial would have been particularly damning for Wright. One explicit video, which was played for the jury in Strong’s trial, shows her having sex with a man and then collecting a stack of cash from him."

 

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EX-LAWYER: I Was Tainted Forever After Getting Laid Off From A Big New York Firm

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businessman blackberry

It's not easy for law school grads to find work these days— especially if they didn't go to a top law school.

Even lawyers who snag fancy jobs right out of law school might be doomed. We spoke to one former lawyer who says he managed to break into the world of corporate law only to get shut out completely because of bad luck.

Our source went to law school in New York City and started scouring law firm websites for job openings after graduation. Even then, he says, there was an oversupply of lawyers, so job hunting wasn't easy. He eventually spotted the name of a former college classmate on a firm website and emailed her out of the blue.

"I was lucky," he says. Or so he thought. It was 2007, and he'd just gotten work at one of the Big Apple's so called "ALM 100" law firms working on hedge fund formation.

The first wave of layoffs hit his firm about a year into his BigLaw stint, and our source kept his job. Such massive layoffs were pretty much unprecedented for law firms, which historically were able to weather bad economic times.

The financial crisis really hammered the legal industry though — especially New York law firms that had a lot of clients on Wall Street.

Around 2008, the blog Above the Law run by ex-lawyer David Lat began reporting on every major law firm's mass layoff. Our source actually found out about the first layoff at his firm by reading Above the Law.

That's how he found out about the second wave too. (Our source kept his job again.) Eventually, though, his firm let him go through a so-called "stealth layoff," in which a firm lets people go one at a time so as not to call attention to its financial woes.

"It's less dramatic," our source says. "If you lay off 30 [people], David Lat will call you out."

After our source's stealth layoff, he was sent on his way with three months of severance pay and six figures of law school debt. He desperately wanted to find another lawyer job.

But, he says, "No one will hire you if they know you're laid off because you're tainted." He attributes this attitude to law firms once being seen as "recession-proof." If you get laid off, the logic goes, you must have been a bad lawyer.

"There's a stigma attached to layoffs that you wouldn't see in a field like finance. In finance, they understand there's a cycle," our source says.

Even though our source got a job at a prestigious firm right out of law school, he couldn't get any job as a lawyer after he got laid off. He doesn't work in the law anymore. He makes a lot less money now, and he has to work a second job that he hates.

Looking back, he says, he probably would have skipped law school. Our source went to law school in the first place because it was "intellectually challenging," he says.

"But the problem is just because something is intellectually challenging it doesn't mean you have to make a career [out of it]," our source told us. "Chess is interesting, but does that mean you should pay $100,000 to go to chess school? Obviously there isn't a huge market for professional chess players ... It's an exaggeration, but I feel like the legal industry is just as bad as the professional chess industry."

SEE ALSO: Why I Fled My Dehumanizing Corporate Law Firm And Never Looked Back

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Cops Are Fighting Over The $1 Million Reward Promised In Hunt For Ex-LAPD Officer

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chris dorner swat police officers

When former LAPD officer Christopher Dorner was on the run, California officials and private donors pooled their resources to offer a $1 million reward for tips leading to his capture.

Then Dorner was killed after a dramatic standoff in the mountain resort town of Big Bear last month.

There are still people who say they want that $1 million since they gave cops information that led to his demise, including a couple who called the police after Dorner broke into their house and tied them up, The New York Times reports.

Many donors, including the city of Riverside, Calif., don't want to pay the reward because it specified that it would only be paid out for tips leading to his "arrest and conviction."

But some law officials fear failing to pay the reward will make people less likely to come forward with tips about fugitives.

"I think this is going to prove a major embarrassment for all concerned," former LAPD police chief William Bratton told The Times.

The issue of the reward has divided law enforcement in California, according to The Times. Dorrner, who had been fired from the department, killed the daughter of a retired LAPD captain and her fiance last month.

He posted a creepy manifesto online declaring war on the entire department, sparking a manhunt that made international headlines.

SEE ALSO: Former LAPD Captain Called The Fugitive Ex-Cop's Firing 'Very, Very Ugly'

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Texas District Attorney And His Wife Were Gunned Down In Their Home

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Mike McLelland KAUFMAN, Texas (AP) — A central Texas prosecutor and his wife were found killed in their house two months after one of his assistants was gunned down near their office, authorities said.

Investigators found the bodies of Kaufman County District Attorney Mike McLelland and his wife, Cynthia, on Saturday, Kaufman County sheriff's Lt. Justin Lewis said. Police, FBI agents, Texas Rangers and deputies were part of the investigation.

Assistant District Attorney Mark Hasse was shot to death in a parking lot a block from his office on Jan. 31. No arrests have been made in his death.

Lewis declined to say how the couple died or whether authorities believe their deaths are linked to Hasse's. He wouldn't provide further details. Kaufman County is 33 miles southeast of Dallas.

Kaufman Police Chief Chris Aulbaugh told The Dallas Morning News that the McLellands had been shot in their home and although investigators didn't know if their deaths were related to Hasse's killing, they couldn't discount it.

"It is a shock," Aulbaugh told the newspaper. "It was a shock with Mark Hasse, and now you can just imagine the double shock and until we know what happened, I really can't confirm that it's related but you always have to assume until it's proven otherwise."

Sam Rosander, who lives in the same unincorporated area of Kaufman County as the McLellands, told The Associated Press on Saturday that sheriff's deputies were parked in the district attorney's driveway for about a month after Hasse was killed.

Aulbaugh said recently that the FBI was checking to see if Hasse's killing could be related to the March 19 killing of Colorado Department of Corrections head Tom Clements, who was gunned down after answering the doorbell at his home.

Evan Spencer Ebel, a former Colorado inmate and white supremacist who authorities believe killed Clements and a pizza deliveryman two days earlier, was killed in a March 21 shootout with Texas deputies about 100 miles from Kaufman.

Hasse was chief of the organized crime unit when he was an assistant prosecutor in Dallas County in the 1980s, and he handled similar cases in Kaufman County. After Hasse was killed, McLelland had said Hasse was one of 12 attorneys on his staff, all of whom handle hundreds of cases at a time.

"Anything anybody can think of, we're looking through," McLelland said after Hasse's death.

McLelland graduated from the University of Texas before a 23-year career in the Army, according to the website for the district attorney's office. He later earned his law degree from the Texas Wesleyan School of Law.

He and his wife have two daughters and three sons. One son is a police officer in Dallas.

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Two Fifth-Graders Plotted To Kill And Rape A Classmate, Prosecutor Says

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Fort Colville.JPG

Two fifth-grade boys will stand trial for allegedly plotting to kill and rape a female classmate, the Spokesman-Review reports.

The boys, ages 10 and 11, had a seven-step plan to rape and stab the classmate, prosecutor Tim Rasmussen told a court Friday during a hearing to determine the boys' "mental capacity."

The judge overseeing the case in Stevens County, Wash. ruled the boys must face trial in juvenile court because they can understand the consequences of rape and murder, according to the Spokesman-Review.

One boy described rape as an assertion of power and strength, Rasmussen says.

The alleged plot unraveled when a fellow student at Fort Colville Elementary School told a teacher he saw a knife in the backpack of one of the boys, according to the Spokesman-Review.

Seattle news station NWCN.com reports the girl in question was allegedly the girlfriend of one of the two boys. During Friday's hearing, a Colville police officer took the stand and said he asked the boy if he knew killing his girlfriend would be wrong.

"Yes, I wanted her dead," the boy allegedly told the officer, according to NWCN.

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Police Investigating Whether White Supremacist Prison Gang Is Linked To Texas Prosecutors' Murder

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District Attorney Texas

Authorities are looking for possible links between the murder of a Texas district attorney and his wife and a prison gang known as the Aryan Brotherhood of Texas, the Dallas Morning News reports.

Kaufman County DA Mike McLelland and his wife, Cynthia, were gunned down in their home just two months after an assistant DA was killed near the county courthouse.

Police had already suspected the Aryan Brotherhood of Texas might be tied to the death of assistant DA Mark Hasse. Now the group will be getting even more scrutiny, the Morning News reported, citing law enforcement sources.

The Kaufman County DA's office was one office responsible for indicting 34 alleged members of the Aryan Brotherhood of Texas for racketeering back in November. They were accused of murder, meth distribution, kidnapping, and other offenses, and 10 of them are eligible for the death penalty.

Today’s takedown represents a devastating blow to the leadership of ABT,” Assistant Attorney General Breuer said in a statement at the time.

Robert Kepple, executive director of the Texas District Attorney's Association, told USA Today his department got a notice late last year from the state's public safety department warning ABT might be plotting retaliation.

The ABT was founded in the 1980s and modeled itself after the California group known as the Aryan Brotherhood, according to the FBI. Initially, the group was focused on protecting white inmates but has since expanded into a for-profit criminal enterprise.

Matthew Orwig, a U.S. attorney in Texas, told the Dallas Morning News that he believes state and federal agents will begin questioning ABT members in and out of prisons if it continues to look like the group might be responsible for the prosecutors' killings.

“There certainly is a real troubling boldness to these offenses,” Orwig told the paper.

Officials had also been looking for links between Hasse's murder and the murder of the executive director of the Colorado Department of Corrections last month. They have not found any ties between the Colorado and Texas murders, though, according to USA Today.

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A Court Just Made It Easier For The Nation's Poor To Get Cheap Drugs

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Lab and drug and pharmaceutical

NEW DELHI (AP) — India's Supreme Court on Monday rejected drug maker Novartis AG's attempt to patent an updated version of a cancer drug in a landmark decision that health activists say ensures poor patients around the world will get continued access to cheap versions of lifesaving medicines.

Novartis had argued that it needed a patent to protect its investment in the cancer drug Glivec, while activists said the drug did not merit intellectual property protection in India because it was not a new medicine. In response to the ruling, Novartis said it would not invest in drug research in India.

The court's decision has global significance since India's $26 billion generic drug industry, which supplies much of the cheap medicine used in the developing world, could be stunted if Indian law allowed global drug companies to extend the lifespan of patents by making minor changes to medicines.

Once a drug's patent expires, generic manufacturers can legally produce it. They are able to make drugs at a fraction of the original manufacturer's cost because they don't carry out the expensive research and development.

Pratibha Singh, a lawyer for the Indian generic drug manufacturer Cipla, which makes a version of Glivec for less than a tenth of the original drug's selling price, said the court ruled that a patent could only be given to a new drug, and not to those which are only slightly different from the original.

"Patents will be given only for genuine inventions, and repetitive patents will not be given for minor tweaks to an existing drug," Singh told reporters outside the court.

Novartis called the ruling a "setback for patients," and said patent protection is crucial to fostering investment in research to develop new and better drugs.

Ranjit Shahani, the vice chairman and managing director of Novartis India, said the ruling "will hinder medical progress for diseases without effective treatment options."

He said the court's decision made India an even less attractive country for major investments by international pharmaceutical companies.

"Novartis will not invest in drug research in India. Not only Novartis, I don't think any global company is planning to research in India," he said.

The Swiss pharmaceutical giant has fought a legal battle in India since 2006 to patent a new version of Glivec, which is mainly used to treat leukemia and is known as Gleevec outside India and Europe. The earlier version of Glivec did not have an Indian patent because its development far predated the country's 2005 patent law. Novartis said Glivec is patented in nearly 40 other countries.

India's patent office rejected the company's patent application, arguing the drug was not a new medicine but an amended version of its earlier product. The patent authority cited a provision in the 2005 patent law aimed at preventing companies from getting fresh patents for making only minor changes to existing medicines — a practice known as "evergreening."

Novartis appealed, arguing the drug was a more easily absorbed version of Glivec and that it qualified for a patent.

Anand Grover, a lawyer for the Cancer Patients Aid Association, which led the legal fight against Novartis, said the ruling Monday prevented the watering down of India's patent laws.

"This is a very good day for cancer patients. It's the news we have been waiting for for seven long years," he said.

Aid groups, including Medicins Sans Frontieres, have opposed Novartis' case, fearing that a victory for the Swiss drugmaker would limit access to important medicines for millions of poor people around the world.

Glivec, used in treating chronic myeloid leukemia and some other cancers, costs about $2,600 a month. Its generic version was available in India for around $175 per month.

"The difference in price was huge. The generic version makes it affordable to so many more poor people, not just in India, but across the world," said Y.K. Sapru, of the Mumbai-based cancer patients association.

"For cancer sufferers, this ruling will mean the difference between life and death. Because the price at which it was available, and considering it's the only lifesaving drug for chronic myeloid cancer patients, this decision will make a huge difference," Sapru said.

Leena Menghaney of Medicins Sans Frontieres said India would continue to grant patents on new medicines.

"This doesn't mean that no patents will be granted. Patents will continue to be granted by India, but definitely the abusive practice of getting many patents on one drug will be stopped," Menghaney said.

The judgment would ensure that the prices of lifesaving drugs would come down as many more companies would produce generic versions.

"We've seen this happening with HIV medicines, where the cost of HIV treatment has come down from $10,000 to $150 per year. Cancer treatment costs have come down by 97 percent in the case of many cancer drugs," she said.

"This decision is incredibly important. The Supreme Court decision will save a lot of lives in the coming decades," Menghaney said.

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AP writer Kay Johnson contributed to this story from Mumbai, India.

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25-Year-Old Who Allegedly Shot His Dad In Church Yelled About Allah: Witnesses

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Easter

ASHTABULA, Ohio (AP) — Witnesses say the 25-year-old man accused of walking into an Ohio church and fatally shooting his father after an Easter service Sunday was yelling about God and Allah after the killing.

Police say Reshad Riddle walked into the Hiawatha Church of God in Christ in Ashtabula and killed his father, 52-year-old Richard Riddle, with a single shot from a handgun Sunday afternoon.

Associate Pastor Sean Adams told The (Ashtabula) Star Beacon newspaper that worshippers started screaming, ducking down and calling 911 on cellphones after the shooting.

"It was terrifying," Adams told the newspaper. "The children were screaming and people were dialing 911. We were afraid to breathe."

Adams said Reshad Riddle then continued into the church, still holding the gun, and yelled that the killing was "the will of Allah. This is the will of God."

Reshad Riddle was quickly subdued by officers, who arrived just moments after the shooting. They say he has been mostly cooperative.

The Plain Dealer newspaper in Cleveland reported that another church pastor said congregants were leaving when they heard a gunshot.

"People pushed me into a back office and said, 'Somebody's here with a gun,'" said the Rev. David Howard Jr. "The guy was outside hollering and acting crazy."

County Coroner Pamela Lancaster said Richard Riddle's wound was "immediately fatal."

Ashtabula Police Chief Robert Stell said the younger Riddle offered no motive for the shooting.

"Witnesses at the scene said the shooter entered church and made some references to Allah, but we are not sure if that was a motive or if there was a family problem," Stell said. "There is no indication that the father and son had a bad relationship. Everyone thinks this was very surprising."

Court records show Reshad Riddle has an extensive criminal record.

Ashtabula County Common Pleas Court records show he was arrested and charged with two counts of felonious assault, kidnapping, abduction and tampering with evidence in 2006.

Records show that in 2007, Reshad Riddle was charged with felonious assault, and in 2009 he was charged with possession of drugs, tampering with evidence and possession of cocaine.

According to police reports, one of the felonious assault charges stemmed from an incident when Reshad Riddle allegedly attempted to cut his girlfriend's throat. Capt. Joseph Cellitti said the young woman's neck had been cut with a knife and she suffered bruising on her side and chest.

Church parishioners said Reshad Riddle was a member of the church as a child, but did not attend services regularly as an adult.

"No one would have thought twice about him being here with his family on Easter," Adams said. "His family (has) been members here for years and years."

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Prosecutors Want The Death Penalty For Colorado Shooter James Holmes

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James Holmes

Prosecutors are seeking the death penalty for a former doctoral student accused of opening fire on a crowded movie theater in Aurora, Colo., the Denver Post reports.

Lawyers for 25-year-old defendant James Holmes told a court late last month he'd plead guilty in order to avoid the death penalty.

"If the prosecution elects not to pursue the death penalty, it is Mr. Holmes' position that this case could be resolved April 1," defense lawyers wrote in a brief to the court.

Prosecutors were livid that Holmes' lawyers made the offer public and suggested it was just a ploy to get the public on their side.

Indeed, victims of the shooting — which killed a dozen people and injured a number of others — might not want the drawn-out case that could ensue if a plea deal isn't reached.

Pierce O'Farrill, who got shot three times, pointed out in an AP interview that the case could drag on for years.

"It could be 10 or 15 years before he's executed. I would be in my 40s and I'm planning to have a family, and the thought of having to look back and reliving everything at that point in my life, it would be difficult," he told the AP.

Lawyers for Holmes will likely pursue an insanity defense.

He was seeing a psychiatrist at the University of Colorado before he abruptly dropped out of its neuroscience doctoral program a few weeks before his his alleged rampage.

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Supreme Court's Right Wing May Be Behind Push To Hear Gay Marriage

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supreme court justices john roberts antonin scalia

During Supreme Court arguments last week over California's gay marriage ban, several justices suggested the case never should have come before the court in the first place.

I wonder if the case was properly granted,” said Justice Anthony Kennedy, according to the transcript of the argument over California's gay marriage ban Proposition 8.

Kennedy's observation raises this question: Why did the Supreme Court decide to hear the Prop 8 case in the first place after an appeals court struck down the ban?

Only four justices need to decide to hear a case, and The New York Times' Adam Liptak thinks it was the court's conservative wing who decided to take it on. He has an interesting theory: The court's right wing wanted to go ahead and hear the case before even more people got on board with the idea of gay marriage.

"It is not that the conservatives felt certain they would win. It is that their chances would not improve in the years ahead," Liptak writes.

The high court took on the Prop 8 case along with a challenge to the Defense of Marriage Act, a law that denies federal benefits to same-sex couples. Two appeals courts struck down DOMA, and it's not not unusual for the high court to review a decision to strike down a federal law.

Liptak points to a comment from Antonin Scalia as evidence that the court's conservatives pushed to hear Prop 8 too. After Kennedy suggested the court might dismiss the case, Scalia responded by saying,"It’s too late for that now, isn’t it? ... We have crossed that river."

Liptak took that comment as a "signal that it was a conservative grant."

That theory shouldn't be taken as a hard fact though. We asked Supreme Court lawyer Carter Phillips (who's argued 76 cases before the court) what he thought of Liptak's theory, and he told us it seems like "folly" to him to try to figure out where the four votes came from.

"I think the court had to decide DOMA given the status of the issues in the lower court," Phillips says. "So, it would not surprise me if all nine justices voted to grant DOMA."

Once the high court decided to grant DOMA, Phillips says, it would have been "strange" to pass on Prop 8 since the two gay marriage cases were so closely related.

"There was little question that whatever the court would decide about DOMA could potentially affect Prop 8. So if the court would hold anyway, then it would make as much sense just to grant in order to consider the Prop 8 wrinkles directly in tandem with the DOMA case," Phillips said.

SEE ALSO: This Is America's Biggest Moment Ever For Gay Rights

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Texas Prosecutors Lived In A State Of Terror Before They Were Gunned Down

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Kaufman County Sheriff

A Texas district attorney and an assistant DA who were killed within months of each other both seemed to know they might be targeted.

Kaufman County DA Mike McLelland and his wife, Cynthia, were gunned down in their home this weekend — two months after Assistant DA Mark Hasse was shot in broad daylight near a courthouse.  They were both reportedly armed all the time and on high alert before they were killed.

After Hasse's death, authorities considered that it might be payback from the white supremacist prison gang, the Aryan Brotherhood of Texas. In November the Kaufman County DA's office helped indict 34 alleged ABT members, 10 of whom could get the death penalty.

The DA's office was warned last year the ABT might be retaliating against them, and both Hasse and McLelland seemed to take that warning to heart.

Colleen Dunbar, a lawyer, told CNN that she spoke to Hasse a week before he was killed, and that he said he'd begun carrying a gun to work every day at the courthouse.

"He told me he would use a different exit every day because he was fearful for his life," Dunbar told CNN.

McLelland also carried a gun everywhere, even when he was walking his dog, because he thought he'd be more likely to be targeted outside, the AP reported. In an AP interview before he died, McLelland also said he told his employees they needed to get more adept at dealing with violence.

“The people in my line of work are going to have to get better at it," McLelland told the AP.

SEE ALSO: Police Investigating Whether White Supremacist Prison Gang Is Linked To Prosecutor's Murder

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Ankle Monitors On High-Risk Offenders Malfunctioned For Years, Officials Found

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Parolee GPS tracking ankletCalifornia has discovered GPS devices strapped to ankles of recently released sex offenders and gang members malfunctioned for years — meaning the criminals' parole officers had no idea where they were, the L.A. Times reported.

When officials began testing the anklets used to track 4,000 offenders in late 2011, they found a variety of problems: cracked cases, batteries that died early, and locations that were off by as much as three miles, according to the Times.

The Times uncovered the results of that testing through interviews and documents from a recent lawsuit over the state's GPS contracting.

3M and another company, STOP (Satellite Tracking of People), manufactured the anklets used to track high-risk parolees and sex offenders across the state.

Corrections officials said the anklets made by 3M were so unreliable that the public was in "imminent danger," according to the Times. 

In late 2011, parole agents began testing the devices by submerging them in water, dropping them onto concrete, and moving them out of reach of cell phone and satellite signals, the Times reported.

California voters approved the statewide monitoring program in 2006 that required all sex offenders to wear anklets for the rest of their lives.

The revelations of allegedly faulty anklets come after the LA Times found in its own investigation that thousands of paroled child molesters, rapists, and other high-risk criminals were disabling their GPS anklets.

3M did not immediately respond to two requests from Business Insider for comment on its anklets.

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The Assassination Of Two Texas Prosecutors Is Unprecedented And Terrifying

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The murder a Texas district attorney and his wife months after an assistant DA was gunned down in broad daylight is virtually unprecedented in the United States.

Former SWAT officer Glenn McGovern, an expert on these types of assassinations, shed some light on the recent Texas slayings in an interview with NPR. He's never seen such brazen assassinations back to back.

"I have only seen this type of targeted attack, where you hit two members within a short period of time within the same organization, in attacks in Sicily and Colombia and Mexico. It, to my knowledge, has never happened here in the U.S.," McGovern told NPR.

Kaufman County DA Mike McLelland and his wife, Cynthia, were killed at home on Saturday two months after assistant DA Mark Hasse was shot dead in broad daylight outside a courthouse.

Their killers are at large, but officials believe the Aryan Brotherhood of Texas may be the culprit since the DA's office was part of a huge crackdown on the white supremacist prison gang.

While such back-to-back assassinations are rare, McGovern says targeted killings of prosecutors, judges, and senior law enforcement officials are on the rise.

There have been 15 of these types of attacks so far in this decade — a significant and "unprecedented" increase from previous decades, according to McGovern. (Three years into the 1980s there were only two targeted attacks of senior law enforcement.)

The attacks on the McLellands and Hasse were particularly unnerving, though. They'd been warned the Aryan Brotherhood of Texas might be seeking retribution, and Hasse carried a gun to work every single day.

McLelland carried a gun everywhere and seemed to be on high alert.

“I’m ahead of everybody else because, basically, I’m a soldier,” McLelland, an Army veteran, told the AP just two weeks before he was killed.

If two officials on high alert can be slayed, what's to stop disgruntled defendants from ordering hits on any prosecutor who file charges against them?

McGovern actually said he doesn't think a "white supremacist prison gang" is behind the Texas prosecutors' slayings because the killers managed to get away so easily.

"To me, that takes some skill, to get away cleanly as well. Just, on the face of it, it shows me that you're dealing with somebody who has some training," McGovern told NPR.

It's also possible a prison gang has become so powerful it can hire highly skilled hit men to intimidate the people who can put its members behind bars. That is a truly terrifying possibility.

SEE ALSO: Texas Prosecutors Lived In A State Of Terror Before They Were Gunned Down

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Why The Feds Aren't Shutting Down Bitcoin — At Least Not Yet

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It's illegal to make your own money in the United States, but that doesn't mean the feds will shut down the digital currency bitcoin anytime soon, financial services lawyer Dan Friedberg tells us.

That's because the feds don't consider bitcoin — a virtual currency that's being used around the globe — to be  "tender," or official bills or coins that look like they've been issued by the U.S. government. Instead, it's considered "virtual currency."

The federal government made that distinction clear in a recent announcement that it was applying money-laundering rules to bitcoin and other virtual currencies.

The Treasury Financial Crimes Enforcement Network (FinCEN) didn't mention bitcoin by name, but the new rules applied to "convertible decentralized virtual currency" exactly like bitcoin, Friedberg says.

Bitcoin enthusiasts were a little on edge before FinCEN issued its notice.

"This is a a very new area, and you really never know how the Treasury Department is going to react," Friedberg says.

Here's what Friedberg had to say in an email message:

"Prior to the FinCEN release, a significant concern was that the US government might assert that bitcoin constitutes illegal tender. Indeed, the United States Constitution delegates to Congress the exclusive power to mint coin within the United States to insure a singular monetary system for purchases and debits. The Department of Treasury therefore could have taken the position that bitcoin constitutes an illegal competing currency that violates this fundamental constitutional power, but chose not to do so. Instead, FinCEN distinguished a 'virtual currency' from a 'real currency,' and noted that a 'virtual currency lacks all the real attributes of real currency.'"

It's possible that the federal government is letting bitcoin stick around because it's not much of a threat to U.S. currency. Right now, bitcoin's only worth about $1 billion compared to the $1.18 trillion in U.S. currency that's in circulation.

Bitcoin is also relatively unstable, Internet law attorney Mike Young points out.

"If Bitcoin exchange rates stabilize, and the digital currency becomes preferred over the U.S. Dollar at some point, that  would be the probable tipping point for banning it within the United States," Young tells us.

For now, bitcoin is able to exist in part because it's in the "gray area" of international currency that's based overseas, according to Young.

"If Bitcoin were purely a U.S. domestic currency," Young says, "it would have been shut down a long time ago."

SEE ALSO: A complete guide to what Bitcoin really is --->

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Waffle House Employee Gets Arrested For Allegedly Pulling A Stupid April Fool's Prank

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A Waffle House employee was arrested for allegedly calling in a false robbery as part of an April Fool's day prank. 

Susan Tinker, of Hampton, Va., is accused of calling 911 and falsely reporting a crime, local station WAVY reported

"Once the manager arrived and surveillance footage was reviewed, it was determined the whole thing was a hoax as an April Fools Day joke," according to WAVY. 

Tinker, 20, was arrested and charged with a misdemeanor for falsely summoning police. 

Perhaps Tinker can commiserate with another young April Fool's reveler who was arrested. 

Mark Foreman, 21, allegedly sent a text to his girlfriend that a Friendly's restaurant was being robbed, and police were called to investigate. But he was released from prison, and the charges against him "aren't clear," according to NBC Connecticut. 

SEE ALSO: The Future Of Retail [SLIDE DECK]

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'GOD FORGIVES, BROTHERS DON'T': Inside A Texas Extremist Group

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Aryan Brotherhood of Texas

Nobody knows for sure who killed two Texas prosecutors, but authorities are looking closely at the Aryan Brotherhood of Texas as possible culprits.

The Kaufman County District Attorney's office where the prosecutors worked helped indict 34 members of the ABT — a racist prison gang the Anti-Defamation League calls the "most violent extremist group in the United States today."

Despite its name, ABT is not technically part of the California-based white supremacist prison gang known as the Aryan Brotherhood, according to the Anti-Defamation League. (In fact, the larger Aryan Brotherhood denied the ABT's application for membership with the larger "Brotherhood," the Southern Poverty Law Center told CNN recently.)

The ABT, which began in the 1980s, has thousands of members operating both in and out of prisons in Texas. It's been blamed for 29 "street killings" since 2000, according to the ADL, and it allegedly runs a criminal conspiracy to distribute methamphetamine and cocaine.

How is it possible for a gang to run a criminal enterprise mostly behind prison walls? A federal indictment against one of its members posted by the Houston Chronicle provides some insight into how the ABT functions.

The most notable point is that ABT relies heavily on women "associates."

"Female associates functioned as communication hubs, facilitating gang communication among imprisoned members throughout the penal system through the use of the telephone, Internet, and United States mail," the indictment says.

The ABT, which offers "protection" to white members, has five "generals" spread throughout the state of Texas, according to the indictment. In turn, they each appoint majors, who in appoint captains and lieutenants — who then appoint sergeants.

Prospective ABT members allegedly had to sign a "blind-faith commitment" to obey orders from their superiors.

ABT also seems hell-bent on seeking retribution against members who turn their backs on the gang, the Houston Chronicle has reported. Their tattoos read: "God forgives. Brothers don't," according to the Chronicle.

The group doesn't appear to have a history of seeking retribution against prosecutors and other law enforcement members though, several experts recently told the Daily Beast.

If the ABT is responsible for the back-to-back killing of two Texas prosecutors, the assassinations would be an unprecedented and scary new revenge tactic for ABT.

SEE ALSO: The Assassination Of Two Texas Prosecutors Is Unprecedented And Terrifying

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Georgia Town Arms Every Home To Stop Crime

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gunslingerNelson, GA, population 1314, and soon to be home to more guns. Maybe.

The city council has recently enacted an anti-crime ordinance, requiring every household to own a firearm. [Reuters] The town has only one police officer, and has been plagued by petty thefts, so the city counsel decided to essentially deputize every household, but of course without any of the training and oversight that would come from actually deputizing them.

Anyone who understands anything about rights of course will recognize the problem. Almost all of our rights come with a corresponding right to not exercise that right. Freedom of speech comes with the right to no speak at all. The right to counsel includes the right to represent yourself. And the right to keep and bear arms comes with the right to not own a weapon if you don't want to. That's why it's called the right to keep and bear arms, and not the universal mandate to keep and bear arms.

The town thinks it has a workaround to the pesky little 2nd Amendment issue though. Included in the ordinance are several exemptions. Felons are not required to own a weapon, nor are people with physical or mental handicaps. There's also an exemption for people who object to owning a firearm. Bingo-bango, solves the problem. And on top of the conscientious objector exemption, there's also no penalty for disobeying the ordinance, so the entire thing is symbolic.

And as far as symbolic gestures go, this one stinks. The town, in its toothless symbolic ordinance is saying: We don't think you should have 2nd Amendment rights.

If they wanted to promote gun ownership for crime reduction, they should have their one police officer spend some time helping people with gun safety, marksmanship, and getting their license. Or just have a symbolic 2nd Amendment Appreciation Day. The last thing you do is pass an ordinance saying you oppose the choice to not own a gun.

Just to pile on though, the idea is going to be completely counterproductive. The town's problem is a lack of law enforcement, and too many thefts. So they're going to put guns in all the homes. Of course most thefts occur during daytime hours when no one is at home. So no one is there to use the gun to stop the thief. So the thief still breaks in and steals your stuff, and now he steals your gun too.

Not only are guns great merchandize for selling on the black market, so there's an increased incentive to break into a home in Nelson, GA, but all the thieves are going to be armed as well.

Let this be a lesson to small town councils: The next time you have an idea, don't.

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