Robbery suspects identified
Police in north Germany identify suspects in the botched armed robbery of an armored car near Bremen in June as former members of the Baader-Meinhof Gang, also known as the Red Army Faction. The ultra-left wing terrorist organization killed over 30 people in the 1970s and 80s. Garweg, Klette and Staub are identified through DNA testing and fingerprints. The same suspects in the June robbery attempt are blamed for a failed robbery in Wolfsburg.
Arrested
Police in Richmond, VA, arrest Farrokh as he attempts to leave the US for Syria. Police also arrest Elhassan who allegedly drove Farrokh to Richmond. Both men are from Woodbridge, VA. Farrokh is charged with attempting to provide material support and resources to a terrorist organization. He is alleged to have been attempting to join ISIS upon arrival in Syria. He was caught through an FBI informant.
Wants charges dropped based on 2005 deposition immunity
Lawyers for Cosby attempt to have aggravated indecent assault charges against the actor thrown out on the grounds that his 2005 videotaped deposition, in which he admits to drugging Constand, was made under the promise from prosecutors that he would be granted immunity from prosecution. Prosecutors in the current criminal case contend that there is no evidence of a signed immunity agreement, and that the case against Cosby should continue.
Inmates drop below 100
Ten Yemeni detainees are transferred to Oman, dropping the prisoner population at Guantanamo Bay below 100 for the first time. The move is the single largest transfer of detainees from the facility. It is estimated that 780 detainees have passed through Guantanamo Bay since it opened in 2002.
Protests sentencing recommendations
Keys lawyers say that that the pre-sentencing guidelines presented to the court by a probation officer miscalculated the losses to the Times as a result of the Anonymous hack, resulting in an overly harsh potential sentence. Their argument notes that revenge porn pioneer Hunter Moore received only 2.5 years for “far worse and far more harmful behavior” than Keys’. The lawyers also say that the sentencing guidelines have little to do with the Computer Fraud and Abuse Act. He was not charged, nor was he convicted of, unauthorized access to a computer and obtaining information, but actually charged with ‘“know[ing].. transmission of a program, information, code, or command, [the result of which] intentionally causes damage without authorization to a protected computer.”
Imposing a sentence of over seven years and roughly $250,000 in speculative restitution is a draconian sentence for a minor occurrence that could have been more appropriately handled by a civil lawsuit instead of three federal felony criminal convictions.
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.
Teacher investigated
A French teacher is under investigation for manslaughter for taking children onto a closed ski run just prior to a fatal avalanche in the French Alps. Authorities say the trail closure was clearly marked and that the risk was known. The teacher was seriously injured in the disaster and remains in hospital. Minister for Youth and Sport:
How could you consider taking children, after a period of heavy snow, on to a piste that was closed?”
Jailed
Saudi Arabia detains Badawi along with her two year old daughter. Saudi authorities deny that Badawi has been arrested, but do say that she is being questioned at a police station. Amnesty International calls for her immediate release. The Raif Badawi Foundation, says that Badawi is charged with running the Twitter account of her ex-husband, another activist serving a 15 year sentence. Human Rights Watch:
The detention of Samar Badawi shows once again Saudi Arabia’s determination to silence those with the courage to speak out for human rights and reform.
Unfair labor practices suit
Workers sue McDonald’s over unfair labor practices, which include threatening, spying on, and in some cases terminating workers for organizing. The National Labor Relations Board is representing the workers and includes McDonald’s Corp. itself as joint employers along with their franchisees, holding the parent corporation jointly responsible for inappropriate labor practices.
Without joint employer accountability for the franchisors or the contracting company at the top, these types of corporate outsourcing can result in a lack of accountability for workplace conditions.
Murder suspects arrested
Turkey arrests three suspects in Jerf’s murder. The trio have been remanded into custody by a judge in the city of Gaziantep and await trial there.
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.
Charged with perjury
Encinia is charged with perjury. The prosecutor says the grand jury didn’t believe Encinia’s statement that he took Bland from the car she was driving so he could conduct a safer traffic investigation.
The indictment was issued in reference to the reasoning that (Texas State Trooper Brian Encinia) removed her from her vehicle.
The penalty for perjury, a Class A misdemeanor, is up to a year in jail and up to a $4,000 fine.
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.
Three sex-assault charges, bail set at $1m
Cosby is charged with three counts of aggravated indecent assault on Constand in 2oo4, including that Cosby assaulted his victim while she was unconscious and without consent. DA Steele:
Upon examination of all of the evidence, today we are able to seek justice on behalf of Mr. Cosby’s victim.
From the complaint:
[Cosby rendered Constand] frozen, paralyzed, unable to move” by plying her with pills and wine, then penetrating her with his fingers when she was unconscious or unaware of what was happening.
Bail is set at $1 million. Cosby immediately posted $100,000. As a condition of his bail to surrender his passport. He is scheduled to appear for a preliminary hearing Jan. 14 at 9:30 a.m. That hearing will likely be held at Montgomery County Court in Norristown, according to the court documents. Cosby’s lawyer:
Make no mistake, we intend to mount a vigorous defense against this unjustified charge and we expect that Mr. Cosby will be exonerated by a court of law.
Pardoned
Governor Brown gives Downey a full and unconditional pardon for his drugs conviction in 1996. Downey was arrested for possession of a controlled substance, carrying a concealed weapon in a vehicle with a prior conviction, driving under the influence and use of a controlled substance. He served one year and three months in prison, two years on parole and nearly three years on probation. Brown:
Pardons are not granted unless they are earned…[Downey has] paid his debt to society…He has lived an honest and upright life, exhibited good moral character and conducted himself as a law-abiding citizen.
Released
Pu is released early from Beijing’s number One Detention Centre after serving 19 months for “inciting ethnic hatred” and “picking quarrels” on social media post. He was originally going to be detained for three years. He is released under “residential surveillance”, and has 10 days to decide whether to appeal against his conviction and sentence.
Arraigned
Bergdahl, wearing a dark blue Army dress uniform and closely cropped hair, is arraigned in military court. He defers entering a plea and does not decide whether he wants to face a court-martial with a jury or one with just a judge.
SIC questions Cruz use of data
Burr asks his staff to look into whether or not Senator Cruz released confidential information. Cruz made a claim during an exchange with Marco Rubio about the USA Freedom Act, which Cruz supported and Rubio opposed. Cruz said that “nearly 100 percent” of phone numbers can be checked for terror ties under the new program, compared to “20 percent to 30 percent” under earlier Patriot Act provisions. Burr says that any time specific numbers are discussed a question emerges as to whether it’s classified or open source.
Sues seven accusers for defamation
In response to a defamation suit brought by his accusers, Cosby sues Green, Serignese, Traitz, Louisa Moritz, Bowman, Tarshis and Leslie for defamation, saying:
[The defendants] have made malicious, opportunistic and false and defamatory accusations of sexual misconduct against him. [They have] knowingly published false statements and accusations.
My statement re today's lawsuit filed by @BillCosby against all 7 accusers in Massachusetts lawsuit. pic.twitter.com/XRYoV4gXpC
— Monique Pressley (@MoniquePressley) December 14, 2015
To face court martial
The Army says Bergdahl will face court-martial with a potential life sentence. In ordering the court martial Army General Robert Abrams did not follow the recommendation of a preliminary hearing which, according to Bergdahl’s lawyer, called for Bergdahl to face a proceeding that could impose a potential maximum penalty of a year in confinement.
Bergdahl’s lawyer says they had “had hoped the case would not go in this direction.” He also asks Donald Trump to “cease his prejudicial months-long campaign of defamation against our client.”