Motion fails, must report to prison
The 9th US Circuit Court of Appeals announces that there is nothing novel about Keys’ conviction and that he is likely to lose on appeal. Therefore, the court rules (source), he should begin serving his time even while his appeal is pending.
Appellant has not shown that the appeal raises a “substantial question” of law or fact that is “fairly debatable,” and that “if that substantial question is determined favorably to defendant on appeal, that decision is likely to result in reversal or an order for a new trial of all counts on which imprisonment has been imposed,” or a sentence that does not include a term of imprisonment, or a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.
Not sure when I'll have to go in. I'll keep you all posted. Short of a presidential commutation, nothing else we can do.
— Matthew Keys (@MatthewKeysLive) July 22, 2016
Telemetry confirms bike swap legal
Marquez’s pitstop during the German Grand Prix is ruled legal after IRTA examines the telemetry of the Spanish rider’s bike. Holding the clutch is not illegal, but from the German Grand Prix onwards due to safety reasons it is not legal to have a gear engaged. A closer look at the video posted on social media makes it clear that Marquez engages first gear right as he lands on the bike – a move confirmed by IRTA, which considers the matter to be closed.
Budweiser ad pulled
Ireland’s Advertising Standards Authority says complaints against a Budweiser ad featuring McGregor have been upheld. McGregor was the face of a competition which offered customers the opportunity to win €50,000 to travel to America to “fulfil their dreams”. Complainants said the ad was “irresponsible and inappropriate” because it linked a role model for children to alcohol, and that MMA was an “aggressive sport” and that linking it to an alcohol product was sending out a “dangerous message” to young children. The ASAI agreed with the complaints, saying the MMA star was a hero for young people and that the advertisement “should not be used in the same format again”.
Loses appeal
Cosby’s appeal is dismissed by Montgomery County Judge O’Neill. After O’Neill said in previous hearing evidence was lacking that Cosby had a promise from a previous district attorney he would never be charged over the encounter with Constand, his lawyers had asked for an appeal to Superior Court. O’Neill:
An immediate appeal from these orders would not materially advance the ultimate termination of the matter.
There is no comment from Cosby’s lawyers.
PP cleared; Abbot, Merritt charged
A Texas grand jury clears Planned Parenthood Gulf Coast of wrongdoing in an investigation launched last year under Gov. Abbott. The grand jury instead indicted two anti-abortion activists involved with covert videos about fetal tissue procurement. The activists, Daleiden and Merritt, have been charged with tampering with a governmental record. Daleiden has also been charged with violating a prohibition on the sale of human organs.
Acquitted
Judge Haikala acquits Parker after two trials ended in hung juries. Parker, a policeman, seriously injured Indian national Patel during an arrest on suspicion of burglary. Patel spoke no English and appears not to have understood what was being asked of him. He has been left partially paralyzed by the incident. Haikala:
The court has no reason to expect a different result in a subsequent trial given the totality of the evidence that the parties have provided.
Judge: Tipster not credible
A Fall River judge declares an anonymous tipster “not credible” in her claims that a juror discussed the Hernandez murder case at a party, dismissing defense motions to examine her claims.
Must testify
A federal magistrate judge in Massachusetts rejects arguments by Camille Cosby that her deposition in the Constand case deposition would represent an “undue burden” and that she lacked any first-hand knowledge of the events at issue. Bill Cosby’s lawyer’s will appeal the ruling. The deposition is scheduled for next Wednesday.
Murder conviction
Pistorius is found guilty of murder after a South African appeals court overturns his earlier manslaughter verdict. The appeal court says last year’s verdict was “confusing and flawed” and that the lower court did not correctly apply the rule of dolus eventualis – whether Pistorius knew that a death would be a likely result of his actions. The athlete will now be re-sentenced by the original court and will almost certainly go back to jail. The minimum sentence for murder in South Africa is 15 years, but judges can apply some discretion.
Keystone XL pipeline rejected
President Obama announces that he will not allow TransCanada Corp a cross border permit. This prevents the company from building the pipeline. Although the pipeline would be creating new jobs, others cited environmental damages that could occur during construction and general maintenance. Obama:
America’s now a global leader when it comes to taking serious action to fight climate change. And frankly, approving this project would have undercut that global leadership. And that’s the biggest risk we face — not acting.
Kerry:
The reality is that this decision could not be made solely on the numbers — jobs that would be created, dirty fuel that would be transported here, or carbon pollution that would ultimately be unleashed. The United States cannot ask other nations to make tough choices to address climate change if we are unwilling to make them ourselves.
TransCanada CEO Girling:
Today, misplaced symbolism was chosen over merit and science — rhetoric won out over reason. TransCanada is reviewing the decision and its rationale.
Must start from back of grid
Rossi will start the final MotoGP race of the season in Valencia from the back of the grid after his penalty is confirmed by the Court of Arbitration for Sport (CAS). FIM confirms the ruling, but says that the denied request was for the stay of execution, and that there is the possibility that the penalty could be revoked later, but only after it has been served. CAS:
[The arbitration board] found that the conditions to grant the stay were not met, which means that the sanction imposed by FIM, the sport’s ruling body, will have to be served at the next grand prix in Valencia.
Rossi:
When you start last, it’s very difficult to prepare strategies. You have to work well in practice and be competitive and have good pace. For sure when you start last, the risks are a lot more. [The title] depends on me and if I’m strong and fast enough to be able to recover. The answer of the CAS has not arrived yet, today it was just that I have to start last in this race because they need time to decide. We have to wait and see, but the important thing is I have to start last.
Explicit texts allowed in evidence
Judge Staley rules against Harris, agreeing with the prosecution that explicit texts he sent to multiple women on the day of his son’s death could provide a motive for the murder charges and could demonstrate Harris’ state of mind leading up to and on the day of the boy’s death. Detectives say Harris had multiple online and in-person affairs and exchanged messages with six women, including an underage girl, as late as 15 minutes from when he last saw his son alive. They also say there is evidence Harris was unhappy in his family life and had said if it weren’t for his son, he would leave his wife. Harris, in one text:
I love my son and all, but we both need escapes.
The trial will begin the week of Feb. 22.
Defamation suit continues
Federal Judge Mastroianni says a defamation lawsuit brought against Cosby by three women who say he sexually abused them decades ago can move forward. Cosby’s lawyers had asked the judge to dismiss their suit, arguing that the remarks were personal opinions protected by the First Amendment and legal declarations made in his defense. Green, Serignese and Traitz have accused Cosby of drugging them and then having unwanted sexual contact with them. The defamatory comments range from statements dismissing their accusations as “ridiculous claims” and “absurd fabrication” to longer remarks that sought to discredit the accuser. Mastroianni:
The court recognizes that some jurisdictions do apply a version of the conditional self-defense privilege, which allows individuals, in certain circumstances, to publish defamatory responsive statements necessary to defend their reputation. However … such a privilege does not permit a defendant to knowingly publish false states.
Attorney for women:
We’d expect and hope the judge rejected every one of Mr. Cosby’s attempts to throw the case out of court and allowed the case to proceed.
90 day suspension
Blatter, Platini and Valcke are suspended for 90 days by FIFA’s ethics committee. Blatter’s lawyers say he is “disappointed” the committee had not followed its own code in allowing him an opportunity to be heard.
[The suspension is based on] a misunderstanding of the actions of the attorney general in Switzerland. President Blatter looks forward to the opportunity to present evidence that will demonstrate that he did not engage in any misconduct, criminal or otherwise.
Valcke says the suspension is “farcical” and based on “based on mere semblances”:
I refuse to believe this is a political decision taken in haste in order to taint a lifelong devotee of the game or crush my candidacy for the Fifa presidency.
UEFA says it has full confidence in Platini and will not remove him from duties while the FIFA suspension is ongoing.
Found guilty
A jury of 11 women and 1 man find Keys guilty on all three counts: conspiracy to commit computer hacking, transmission of malicious code causing unauthorized damage to a protected computer, and attempting to transmit malicious code to cause unauthorized damage to a protected computer. He faces a maximum of 25 years and will be sentenced on Jan 20, 2016. His lawyers say he will appeal. FBI:
This case demonstrates the FBI’s commitment to identify and investigate those who harass former employers by using insider knowledge to intentionally exploit computer systems—whether directly or by proxy—to damage the reputation and operations of a business. Individuals who use ‘bully’ tactics to attack computer networks will face justice for their actions.
Keys:
The government wanted to send a clear message that if you want to cover a group they don’t agree with, and you’re not complicit with them [the government], they will target you.
That was bullshit.
— Matthew Keys (@MatthewKeysLive) October 7, 2015
Refused Australian visa
Australia’s immigration department issues a “notice of intention to consider refusal” which means that Brown cannot enter the country. Tickets for his December tour in the country are due to go on sale Sept 28. He has 28 days to appeal. Australia’s Minister for Women:
People need to understand, if you are going to commit domestic violence and you want to travel around the world, there are going to be countries that say to you, ‘You cannot come in because you are not of the character that we expect in Australia’.
Official name, gender change
Judge Rosenberg grants Jenner’s petition to change her name and gender during a brief hearing at LA Superior Court. Jenner does not attend but is represented by two lawyers. The approval means Jenner’s new name is Caitlyn Marie Jenner, replacing her birth name of William Bruce Jenner. She can now get documents — including a driver’s license and Social Security card — that conform to her new identity. Some details of the petition are redacted for provacy reasons:
Although public support for my transition has been overwhelmingly supportive, I am also receiving unwelcome negative attention from private citizens, including threats of bodily harm.
No discrimination against Asian students
The Federal Department of Education’s Office for Civil Rights says there is no evidence that Princeton University discriminates against Asian and Asian-American applicants. One claim has come from a student originally from China who was wait-listed in 2006, while, they said, applicants of with similar credentials were accepted. The other is from the parents of a student of Indian descent who was rejected in 2010, who have asserted the university discriminated generally against Asian and Indian applicants. The Office found that that the university uses race and national origin in its admissions considerations as two of many factors, but that the university did not subject members of any group to different admissions standards than others. The university says that having perfect SAT scores and being valedictorian of a high school class does not guarantee admission to the school.
Copyright not valid
Judge King rules that none of the companies that have collected royalties on Happy Birthday for the past 80 years have a valid copyright claim. The case was brought by Marya and Siegel, against Warner/Chappell, who make around two million dollars a year from royalty payments whenever the song is used. King:
The Hill sisters gave Summy Co. the rights to the melody, and the rights to piano arrangements based on the melody, but never any rights to the lyrics. Summy Co. had never acquired copyright to the song’s words.
Warner/Chappell:
We are looking at the court’s lengthy opinion and considering our options.
Hanging delayed
Basit’s execution is postponed after a magistrate says he cannot be hanged in compliance with the jail manual, which says that a prisoner must stand on the gallows. Rights groups have said that hanging a handicapped person would constitute cruel and degrading treatment. he remains on death row. Justice Project Pakistan:
[The] jail manual only provides for hanging as a method of execution, and lays down methods to calculate the right length of rope to ensure that hanging does not lead to protracted strangulation. The rules presume that the convict [can] walk up to the gallows, which is not possible in Basit’s case.