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Judge from Mississippi civil rights murder trial dies at 79
Legal Career News | 2021/04/08 14:49
A private funeral will be held Friday for the Mississippi judge who handed down a life sentence to the white supremacist convicted of killing civil rights leader Medgar Evers.

Retired Hinds County Circuit Court Judge L. Breland Hilburn died Monday at the University of Mississippi Medical Center of complications from COVID-19, according to a news release from the state Administrative Office of Courts. He was 79.

Hilburn presided over the 1994 murder trial of former fertilizer salesman Byron De La Beckwith in the killing of Evers three decades earlier.

The Mississippi NAACP leader was shot to death in his own driveway shortly after midnight on June 12, 1963, while his wife and their three small children were inside the home in Jackson. President John F. Kennedy had given a televised speech about civil rights hours earlier. Prosecutors said Beckwith staked out the Evers home, waiting across the street to assassinate the World War II veteran.

Two all-white juries tried Beckwith in the 1960s, but they deadlocked and mistrials were declared. The case was reopened in the early 1990s after new witnesses came forward. In 1994, an integrated jury convicted  Beckwith of murder, and Hilburn sentenced him to life in prison. Beckwith died in prison in 2001.

Hilburn retired May 31, 2002, after spending 30 years as a city, county or circuit judge. He continued working part-time in retirement as senior status judge until 2017 ? a position appointed by the state Supreme Court. In that role, Hilburn helped Hinds County deal with a long criminal docket when the jail was crowded with pretrial detainees.

William Gowan, another retired Hinds County circuit judge who has worked as a senior status judge, said in the state courts’ news release that Hilburn was “a public servant who could identify with the public.”

“He never tried to impress people with being a judge,” Gowan said.


Philippine Supreme Court slams killings of lawyers, judges
Legal Career News | 2021/03/23 15:11
The Philippine Supreme Court on Tuesday condemned the alarming number of killings and threats against lawyers and judges. One legal group has said these attacks are considerably higher under President Rodrigo Duterte compared to the past 50 years under six former presidents.

The 15-member high court asked lower courts, law enforcement agencies and lawyers and judges’ groups to provide information about such attacks in the last 10 years, in order for the court to take preemptive steps. The attacks, it said, endanger the rule of law in an Asian bastion of democracy.

“To threaten our judges and our lawyers is no less than an assault on the judiciary. To assault the judiciary is to shake the very bedrock on which the rule of law stands,” the high court said in a rare, strongly-worded censure of the attacks. “This cannot be allowed in a civilized society like ours.”

The court said it would not “tolerate such acts that only perverse justice, defeat the rule of law, undermine the most basic of constitutional principles and speculate on the worth of human lives.”

The Free Legal Assistance Group, a prominent group of lawyers, said at least 61 lawyers have been killed in the five years of Duterte’s presidency compared to at least 25 lawyers and judges slain under six presidents since 1972, when dictator Ferdinand Marcos placed the Philippines under martial law.

Lawyers’ groups said the court’s denunciation was long overdue but nevertheless welcomed it. “We have been sounding out the clarion call and providing information and concrete recommendations for the longest time,” said lawyer Edre Olalia, who heads the left-wing National Union of People’s Lawyers.

A number of lawyers who represented suspected drug dealers or were linked to the illegal drug trade were among those gunned down under Duterte’s rule. When he took office in mid-2016, Duterte launched a massive anti-drug crackdown that has left more than 6,000 mostly petty suspects dead and alarmed Western governments and human rights groups.



More protests called in Moscow to demand Navalny’s release
Legal Career News | 2021/02/02 15:02
Moscow braced for more protests seeking the release of jailed opposition leader Alexei Navalny, who faces a court hearing Tuesday after two weekends of nationwide rallies and thousands of arrests in the largest outpouring of discontent in Russia in years.

Tens of thousands filled the streets across the vast country Sunday, chanting slogans against President Vladimir Putin and demanding freedom for Navalny, who was jailed last month and faces years in prison. Over 5,400 protesters were detained by authorities, according to a human rights group.

One of those taken into custody for several hours was Navalny’s wife, Yulia, who was ordered Monday to pay a fine of about $265 for participating in an unauthorized rally.

While state-run media dismissed the demonstrations as small and claimed that they showed the failure of the opposition, Navalny’s team said the turnout demonstrated “overwhelming nationwide support” for the Kremlin’s fiercest critic. His allies called for protesters to come to the Moscow courthouse on Tuesday.

“Without your help, we won’t be able to resist the lawlessness of the authorities,” his politician’s team said in a social media post.

Mass protests engulfed dozens of Russian cities for the second weekend in a row despite efforts by authorities to stifle the unrest triggered by the jailing of 44-year-old Navalny.

He was arrested Jan. 17 upon returning from Germany, where he spent five months recovering from nerve-agent poisoning that he blames on the Kremlin. Russian authorities reject the accusation. He faces a prison term for alleged probation violations from a 2014 money-laundering conviction that is widely seen as politically motivated.

Last month, Russia’s prison service filed a motion to replace his 3 1/2-year suspended sentence from the conviction with one he must serve. The Prosecutor General’s office backed the motion Monday, alleging Navalny engaged in “unlawful conduct” during the probation period.


US Supreme Court won’t take up Sheldon Silver’s case
Legal Career News | 2021/01/26 13:17
The Supreme Court declined Monday to take up the case of former New York Assembly Speaker Sheldon Silver, who is serving a 6 1/2-year prison sentence after being convicted in a corruption case.

The high court’s decision not to hear Silver’s appeal is another sharp blow to the Manhattan Democrat, who was once one of the three most powerful state officials.

Silver was ousted as speaker in 2015 and was convicted later that year. His original conviction was overturned on appeal, but he was convicted again in 2018. Part of that conviction was then tossed out on another appeal, leading to yet another sentencing in July. Silver, 76, began serving his sentence in August.

In the part of the case that survived the appeal process, Silver was convicted in a scheme that involved favors and business traded between two real estate developers and a law firm. Silver supported legislation that benefited the developers. The developers then referred certain tax business to a law firm that paid Silver fees.

Two justices, Neil Gorsuch and Clarence Thomas, said they would have heard Silver’s case.

Earlier this month, The New York Times reported that President Donald Trump was considering clemency for Silver, but ultimately no pardon or sentence reduction was granted.

Silver has been serving time at the federal prison in Otisville, about 80 miles (130 kilometers) from New York City.

Before his conviction, Silver was a giant in New York politics.

First elected to the Assembly in 1977, he became speaker in 1994, holding that position for more than two decades. For nearly half that time, during the administration of Republican Gov. George Pataki, he was the most powerful Democrat in the state.

Silver’s lawyers had asked the court to consider allowing him to serve his sentence at home because of the risk of contracting COVID-19 and dying in prison. But District Judge Valerie Caproni said issuing a sentence without prison time was inappropriate because Silver was guilty of “corruption, pure and simple.”


Parents Plead Not Guilty to Charges in Missouri Girl's Death
Legal Career News | 2020/12/28 19:57
The parents of a 4-year-old Missouri girl allegedly killed by neighbors to remove a “demon” pleaded not guilty Monday to charges connected to the case. Mary S. Mast, 29, and James A. Mast, 28, both of Lincoln, Missouri, were charged Thursday with felony child endangerment resulting in death and are jailed without bond. They don't yet have attorneys.

During their arraignments Monday, Associate Judge Mark Brandon Pilley also denied the couple's request to attend the girl's funeral, according to online court records. A bond hearing was scheduled for Jan. 5.

The couple's other children, a 2-year-old son and an infant, were placed in protective custody, Benton County Sheriff Eric Knox said in a news release. The girl was found dead at the family home on Dec. 20. Knox said she had been severely beaten and dunked in an icy pond as part of what appeared to be a “religious-type episode.”

Across-the-road neighbors Ethan Mast, 35, and Kourtney Aumen, 21, were charged last week with second-degree murder and other offenses. Both are jailed without bond. Ethan Mast is not believed to be related to James and Mary Mast, Knox said.

Both families attend the same church, but Knox said that the actions involving the girl are not condoned by the church, which he declined to name. “The investigation done so far indicates that this is an isolated incident and NOT the actions of a cult,” Knox wrote in a news release on the department's Facebook page.

A probable cause statement from Benton County Sgt. Chris Wilson said the girl was already dead and had “severe purple bruising” over her body, along with ruptured blisters, when he was called to the home. Knox said the girl’s parents also had been beaten along with the 2-year-old. The infant was unharmed.

James Mast told investigators he and his wife observed the beating of their daughter but were told they would be beaten or shot if they tried to intervene.




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