Russia drops charges in lawyer's prison death - Seattle Post Intelligencer

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MOSCOW (AP) — Russia's top investigative body said Monday it has dropped charges against a doctor suspected of negligence in the case of a prominent lawyer who reported official corruption in Russia, then died in custody while suffering from untreated pancreatitis.

The lawyer, Sergei Magnitsky, had accused Interior Ministry officials of using false tax documents to steal $230 million from the state. He was imprisoned for tax evasion in 2008 and died in custody in November 2009.

A private investigation concluded Magnitsky was severely beaten and denied medical treatment in prison, and it accused the government of failing to prosecute those responsible.

Magnitsky worked for Hermitage Capital, an investment fund owned and run by U.S.-born William Browder, who has since been barred from Russia as a security risk.

On Monday, Russia's Investigative Committee dropped the negligence charge against Dr. Larisa Litvinova, citing a two-year statute of limitations in such probes.

Hermitage Capital sharply criticized the decision, calling it "the latest example of the reluctance within the Russian government to hold anyone accountable" for Magnitsky's death.

"In dropping charges against Ms. Litvinova, the Russian investigators have refused to acknowledge that Sergei Magnitsky had been tortured in custody, a crime that has a 10-year statute of limitations," the investment fund said in a statement.

The lawyer's death was seen as a litmus case for Russian President Dmitry Medvedev's pledge to cement rule of law in Russia. Investors working in Russia have said Magnitsky's death and allegations of torture highlight corruption and the arbitrary nature of Russia's justice system.

Shortly after Magnitsky's death, Medvedev pledged to personally oversee the investigation which has been on for more than two years and is due to be wrapped up later this month.

But the Investigative Committee said Monday it has closed the investigation of Litvinova, the chief physician at the Butyrskaya prison where Magnitsky died, because of the statue of limitations. She was charged with negligence that led to Magnitsky's death, while the prison's deputy chief, Dmitry Kratov, was charged with negligence. The charge was not dropped against Kratov on Monday.

Magnitsky's family and colleagues have accused authorities of delaying the probe and charging only perpetrators, rather than those who might have ordered the lawyer's persecution.

In an apparent response to these claims, the Investigative Committee said Monday that the probe has taken so long because of lengthy medical procedures and the fact that Litvinova and Kratov were both hospitalized for two months last year for unexplained reasons.

The statue of limitations for the charge that Litvinova faced was shortened by Medvedev's amendments to the Criminal Code aimed at reducing the number of crimes that entail criminal liability. Medvedev proposed these amendments in response to criticism of the treatment of jailed businessmen, which was largely inspired by Magnitsky's case.

Investigators have recently reopened a tax evasion probe against Magnitsky, even though he is dead, saying that it would give his relatives a chance to clear his name. But his family has objected to that, saying it never requested such an opportunity.

In a ruling posted on its website Monday evening, Russia's highest court declined to review a petition by Magnitsky's mother questioning the legality of the posthumous tax evasion probe because she is not party to it. The Constitutional Court also confirmed the legality of the new investigation.

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Counsel for Ray J slams Leolah Brown drug charges - Seattle Post Intelligencer (blog)

A lawyer for R & B star Ray J has slammed Bobby Brown sister think it is concealed information about the death of Whitney Houston.

The icon music has been submerged in the bathtub of his Los Angeles hotel suite on 11 February and Thursday, the official cause of death was ruled as accidental drowning, in addition to the effects of heart disease and use of cocaine.

Former sister-in-law of singer, Leolah Brown, appeared on "Dr. Drew" Thursday to discuss his version of the events leading up to the passage of the superstar. In the interview, she accused Ray J to help Houston to its dependencies, because it would have been "is someone who sells drugs.

Recounting the night of the death of legend, Brown said, "I saw Ray J pouring out of the hotel, hiding his head, being driven in a car." Why? I looked and I said: "why is he hiding his face". He is always looking to show his face on Whitney. Why now? Why try to hide Ray J? ? ?

However, a representative of Houston on / off boyfriend Ray j's invective claims, insisting the interview has been "with" allegations "false."

In a statement to E! News, Attorney for the star said, "Although Leolah Brown was far from the Beverly Hilton Hotel on the day Whitney Houston is dead, (television network) CNN broadcast an interview with Ms. Brown, in which she claimed falsely that Ray J has been in the hotel and has contributed to the death of Whitney Houston.

"Even the most minimal investigation with which this is really in contact with Whitney reveal that Leolah Brown had been out of contact with Whitney for more than a year, and it was far from the scene the day of his death."

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Lawyer: San Francisco sheriff won't resign - Seattle Post Intelligencer

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SAN FRANCISCO (AP) — A defiant San Francisco sheriff said Tuesday he has no plans to resign despite the threat of an ethics probe over a domestic violence case.

"I wanted to and have taken full responsibility," Sheriff Ross Mirkarimi told a throng of reporters outside his office in San Francisco City Hall

A judge on Monday sentenced Mirkarimi to three years of probation and a year of counseling after the sheriff pleaded guilty to misdemeanor false imprisonment.

Mayor Ed Lee on Monday told Mirkarimi to resign or he would start the process of removing him from office for official misconduct. Lee is expected to address the media later Tuesday.

Mirkarimi said his actions on New Year's Eve that left his wife's arm bruised did not constitute official misconduct within the meaning of the law. He declined to elaborate. Mirkarimi was sworn in as sheriff on Jan. 8 after serving two terms on the San Francisco Board of Supervisors.

Attorney Lidia Stiglich told The Associated Press that Mirkarimi will hire another attorney to represent him before the city's Ethics Commission and Board of Supervisors if Lee follows through on his threat to try to remove him from office.

Lee can temporarily suspend the sheriff and start the process of permanently removing Mirkarimi, but it would take the votes of nine of the 11 members of the Board of Supervisors to accomplish that task. The matter would first be referred to the city's Ethics Commission if Lee decides to push for removal.

Mirkarimi pleaded guilty to misdemeanor false imprisonment in exchange for the dropping of three other misdemeanor charges of domestic violence, child endangerment and dissuading a witness.

The plea deal was struck as a jury was picked for a trial that promised to embarrass the sheriff with testimony about infidelity, his temper and other intimate details.

San Francisco District Attorney George Gascon said the false imprisonment charge was a domestic violence plea and the conviction was just as serious as the charges that were dropped.

Under the plea agreement, Mirkarimi must pay $590 in fines, serve probation, spend a year in a domestic violence intervention program, take parenting classes and do community service.

The district attorney said Mirkarimi will be barred from carrying a gun until a judge lifts a stay-away order still in place that prevents the sheriff from seeing his wife without court permission. Gascon said that order could stay in place for the entire three years of probation.

Mirkarimi also said he was undergoing counseling to address "my arrogance and anger management issues" and reiterated his advocacy against domestic violence while serving two-terms on the Board of Supervisors.

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Avocat : Soldat de l accusé était réticent à retourner à la guerre - The Seattle Times

The U.S. soldier accused of killing 16 Afghan civilians last weekend twice had been injured in tours in Iraq and was reluctant to leave his fourth deployment, a Seattle lawyer said Thursday.

"He was not thrilled to pass another deployment," said the lawyer, John Henry Browne. "Told him he did not return, and then said he was going to."

Browne, a famous Seattle defence counsel has recently defended "Barefoot Bandit" Colton Harris-Moore, said that he was asked to represent the soldier, a Sergeant of old staff of 38 years of joint Base Lewis - McChord South of Tacoma.

The soldier lives in the Seattle area and asked to be represented by Browne, when he was placed in detention, said the lawyer. Browne said he met the family of staff sergeant, and unless the soldier returned to Joint Base Lewis - McChord in the coming days, he will travel to meet the soldier everywhere where he is detained.

Browne declined to give the name of the soldier, the army has not published, but said he has two young children, aged 3 and 4.

Browne said that he spoke with the soldier and he characterized as "shocked". Browne suggested the soldier had suffered the stress of multiple deployments, but he said that it was not clear if the man presented the symptoms of post-traumatic stress disorder (PTSD).

However, counsel said that Dr. Richard Adler, an expert in PTSD, will work for the defence team.

Browne described the soldier as a highly decorated and said that he had twice been wounded during deployments to the Iraq, when it reached trauma head concussions and, once, a leg injury serious which he lost part of his foot.

Browne, said the soldier is at the origin of the Midwest, but would not more specific.

Some reports indicated that alcohol may be a factor in the shooting. Browne said that, as was aware of the family of the soldier, it is not a problem with alcohol. He also said that he may have marital problems reports were not correct.

"They have a fabulous wedding," said Browne.

However, a senior US official said the New York Times in the night of the massacre the soldier had been alcohol - a violation of military rules in combat zones - and suffering from stress related to his fourth round battle and tensions with his wife on deployments.

"When it comes, it will be a combination of stress, alcohol and domestic issues - it has broken," said the official, who was informed of the investigation and who spoke on the condition of anonymity because the soldier has not yet been formally charged.

As further details emerged about the reasons behind the shootings, the U.S. official said that the army is preparing to spend the Sergeant in a prison in the United States as early as Friday, probably at Fort Leavenworth, Kan, just one day after he stole a site of detention at the Kuwait of the Afghanistan.

The soldier is suspected of going on a shooting rampage in the villages near his base in the South of the Afghanistan in the early Sunday, killing nine children and seven other civil and then burn some of their organs. The shooting, which was followed by an incident controversial to the Qur'an involving us troops, has outraged the Afghan officials.

The suspect flew out the Afghanistan, Wednesday night, in what officials describe as a provisional containment at the Kuwait facility. Officials anonymously described as a father of two children who was in the army for 11 years. He served three tours in Iraq and started its first deployment to Afghanistan in December.

A source of the Congress, speaking on the condition of anonymity because of the sensitivity of the information, told the Associated Press that it was with the 2nd Battalion, 3rd Infantry Regiment of the 3rd Stryker Brigade Combat Team, prior to an operation of village-stability of the villages where the attack took place.

Browne recently represented Harris-Moore, a young thief nicknamed the "barefoot Bandit" which drew international attention to steal cars, boats and aircraft during a performance of Act two years. Browne and his co-counsel, Emma Scanlan, helped Harris-Moore to reach State and federal plea deals, and then convince a judge of the State to give the lower end of the range of the sentencing: seven years in prison.

Browne said it was only three or four cases military before. The soldier will also be at least a military lawyer.

Military lawyers say once prosecutors involved in the initial investigation of an alleged crime involving a member of the service have what they think to be a solid understanding of what has happened and are satisfied with the evidence collected, they loads project and present it to a commander.

This person then makes a judgment on if there is probable cause to believe that an offence has been committed and that the accused committed it.

The Commander then "prefer" the charges to the convening authority - usually, the Commander of the brigade to which the accused is assigned, but higher sometimes.

Journalist staff of the Seattle Times Mike Carter contributed to this story.

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