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A Kentucky judge said Thursday that she hopes to issue a ruling soon on whether a grand juror in the Breonna Taylor case can speak publicly about the proceedings.Judge Annie O'Connell of the Jefferson County Circuit Court heard arguments during a 90 minute hearing Thursday from Kevin Glogower, the attorney for the unnamed grand juror, and Assistant Attorney General Victor Maddox.Glogower filed a motion on behalf of his client on Sept. 28, seeking a declaration of rights to "disclose information and details about the process and details of the grand jury proceedings."In a press conference held the next day, Glogower said his client had concerns about "truth and transparency.""Our client felt a strong conviction to step up and take action to get all of that information out," Glogower said at the time.Shortly after the motion was filed, Kentucky Attorney General Daniel Cameron said his team had no concerns with grand jurors sharing "their thoughts on our presentation."But in a filing Wednesday, his office moved to dismiss the motion because "this type of broad and unchecked disclosure could jeopardize not only witnesses and other grand jurors but also set a dangerous legal precedent for future grand juries."Cameron's office has also suggested a disclosure by the grand juror could undermine the pending criminal case against former Louisville detective Brett Hankison, who was indicted by the grand jury for wanton endangerment."I think one of the problems with getting a fair trial, in a case as high profile as this, is finding a jury pool that has not been tainted by pretrial publicity," Maddox argued Thursday.O'Connell quickly challenged that argument."That cat's already out of the bag," she said. "Regardless of whether this grand juror is allowed to speak or not, you would agree that there's already more publicity than most cases like this ever see."Glogower, meanwhile, argued that Cameron "opened the door" to his client's motion, when the attorney general discussed the details of the case during a news conference announcing the indictment against Hankison, as well as during subsequent cable television appearances.This story was originally published by Mike Valente on WLEX in Lexington, Kentucky. 2239
A judge is coming under fire after allowing five adults to remain free on bail as they await trial for allegedly keeping 11 starving children in a filthy New Mexico compound, surrounded by weapons.The decision, which has sparked community backlash and threats against the judge, comes two years after New Mexico voters overwhelmingly approved a constitutional amendment that revamped the state's bail laws and raised the legal threshold for detaining suspects before trial.In this case, authorities have described the three women and two men as Muslim extremists who allegedly prepared the children to conduct school shootings. They argued that if the defendants were released from custody, there would be "a substantial likelihood" they could commit new crimes, court documents said. 792
A man in Colorado who was sentenced to more than 300 years in prison for child sex crimes in 2015, is now walking free after his conviction was thrown out on a technicality.Michael Tracy McFadden, 46, was convicted for 19 counts of sexual offenses, including a habitual sex offender against children, according to KKCO. McFadden was released from the Arkansas Valley Correctional Facility on Tuesday.In June, the Colorado Court of Appeals found that McFadden's right to a speedy trial was violated when the judge in the case granted a continuance. When the court ruled that his statutes were violated, they threw out his conviction."Frankly I'm completely appalled with the decision," District Attorney Dan Rubenstein told KREX. "I find it offensive that our justice system would allow this to happen."Rubenstein explained to KREX that speedy trials are broken down into two categories: constitutional and statual.Constitutional speedy trials have no timeframe, depending on the case. However, in Colorado, statutory speedy right trials require a time frame of six months.Rubinstein told reporters, “Because the error here was that he shouldn’t have been tried longer than six months from the last time he waived speedy trial, there was no remedy for that, and therefore there is no ability to retry him." "The justice system completely failed in this situation. If you've heard the phrase 'got off on a technicality,' this is the phrase to the most stark sense I've ever seen it," said Rubinstein.Reports state that McFadden has been exonerated from all of his charges and does not have to register as a sex offender. 1661
A federal judge ruled that Detroit police officers cannot use batons, shields, gas or bullets against protesters for at least the next two weeks.U.S. District Court Judge Laurie Michelson issued a ruling Friday night partially granting a temporary restraining order in the lawsuit filed by activist group Detroit Will Breathe against the City of Detroit and Detroit Police Department.In the order, Michelson ruled that the city cannot use "striking weapons, chemical agents, or rubber bullets" against the protesters who do not pose a physical threat to the safety of the public or the police. Officers also cannot use chokeholds against the protesters."The Court recognizes that police officers are often faced with dangerous and rapidly evolving situations while trying to enforce the law and maintain the safety of the public. And it is important that police officers have non-lethal options to use to protect themselves and the public when necessary," Michelson wrote. "And any possible benefit police officers could gain from deploying chemical agents, projectiles, or striking weapons against demonstrators who pose no threat and are not resisting lawful commands is outweighed by the irreparable harm peaceful protestors would face."Michelson ruled in part that police officers using excessive force does violate the protesters First and Fourth Amendment rights.Citing different videos as evidence, Michelson wrote it "establishes that at least some Plaintiffs have a likelihood of success on their claims that the DPD used excessive force against them."This article was written by WXYZ. 1602
A Canton, Ohio high school teacher has been indicted on multiple felony counts for allegedly engaging in sexual activity with students.Tiffany Eichler, 36, was charged with three counts of sexual battery, all third-degree felonies.Eichler is accused of having sex with three different students who attended McKinley High School in Canton while she was employed as a physical education teacher.Canton police interviewed Eichler on March 8 after they were notified by the director of school security. Eichler told police she was being blackmailed for money by students after having had sex with them, according to a police report.During the interview, Eichler told authorities she picked a student up near his house and the two engaged in sexual activity in her car. According to the report, Eichler went to the student's house later the same day and the two engaged in sexual activity in the basement. The report states that following the encounters, the student reached out to the teacher and asked for money to buy antibiotics.The student also told Eichler that his sister found out about their relationship and he needed money to keep her quiet, according to the police report. Police reports say Eichler allegedly had sexual contact with another student one day after school when she called him into her office before practice. Eichler allegedly engaged in sexual activity with a third student in the backseat of her car at an unknown park.Following the investigation, the school district released the following statement: 1578