Evidence

Suit to Seek Government Policy on Laptop Border Searches

Two civil liberties groups plan to file a lawsuit today seeking information on government policies regarding border searches of laptops and other electronic devices. The suit will be filed by the Electronic Frontier Foundation and the Asian Law Caucus, the Washington Post reports. The groups say the suit was spurred…

Feb 7, 2008 4:39 PM CST

DOJ May Have Known of CIA Tape Destruction a Year Before Court Disclosure

Documents released in the appeal of convicted al-Qaida conspirator Zacarias Moussaoui showed that Justice Department lawyers knew since at least early 2006 that the CIA destroyed a videotaped interrogation of an al-Qaida lieutenant from whom Moussaoui sought information. The date is more than a year before the destruction of the…

Feb 7, 2008 11:42 AM CST

Judge Shines Light on Secret Pact to Settle, Hide Text Messages

A Michigan judge has ordered the release of documents indicating that Detroit Mayor Kwame Kilpatrick settled a police whistle-blower lawsuit to try to hide text messages showing he lied about his relationship with his chief of staff, the Detroit Free Press reports. Wayne County Circuit Judge Robert Colombo ordered release…

Feb 6, 2008 5:49 PM CST

As In-House Lawyers Struggle With E-Discovery, Vendors Ready to Help

Many in-house counsel are ill-prepared to deal with e-discovery, but it’s not for lack of companies willing to help. E-discovery vendors crowded the exhibition floor at LegalTech New York this week, while educational sessions focused on how to prepare for electronic database searches. A survey by Kroll Ontrack released to…

Feb 6, 2008 2:38 PM CST

DA Admits Deleting E-Mail, Making Errors in Testimony

District Attorney Chuck Rosenthal of Harris County, Texas, acknowledged in a Friday hearing that he deleted more than 2,500 e-mails he had been ordered to produce in a civil suit. Rosenthal also told U.S. District Judge Kenneth Hoyt of Houston that he made some errors in previous sworn statements about…

Feb 4, 2008 3:19 PM CST

Law’s New Brain Trust

What role should brain scans play in court cases? Should psychopaths have a biomedical argument for special sentencing considerations? Are new developments in the study of the human brain helpful to judges and juries—or just misleading?

Feb 1, 2008 11:39 PM CST

Texas DA to Testify About Deleted E-Mail

A Texas district attorney goes to court today to answer questions about the deletion of more than 2,500 subpoenaed e-mails in a civil rights suit. Harris County District Attorney Chuck Rosenthal could be fined or jailed if he is held in contempt of court for destroying the documents, the Associated…

Jan 31, 2008 4:59 PM CST

Tax Court Rejects Wikipedia Definition of ‘Gambler’s Fallacy’

The U.S. Tax Court was not impressed with the Internal Revenue Service’s attempt to use a Wikipedia definition to quibble with the meaning of “gambler’s fallacy.” At issue was expert testimony that the taxpayer who had claimed $2.5 million in gambling losses was a pathological gambler who suffered “from the…

Jan 28, 2008 5:00 PM CST

Judge Requires Report on Destruction of Interrogation Tapes

A federal judge in Washington, D.C., has ordered the Bush administration to issue a written report explaining why videotapes of harsh interrogations of two terrorism suspects were destroyed. U.S. District Judge Richard Roberts said yesterday the report should disclose whether other evidence was also destroyed in violation of his order…

Jan 25, 2008 6:26 PM CST

Heartless Jailhouse Call Rings Up Maximum Prison Term

A twice-convicted drunken driver got the maximum prison term for her latest offense—a little over 10 years—after a jailhouse phone call in which she laughed about driving into and killing a bicyclist while intoxicated was played at her sentencing hearing in Arizona. Characterizing the conversation as “breathtaking in its inhumanity,”…

Jan 25, 2008 6:03 PM CST

Soon to Turn 102, Mugging Victim Gives Videotaped Testimony

Prosecutors in Queens held a special hearing yesterday to videotape the testimony of a 101-year-old mugging victim in case she is not able to testify at trial. Rose Morat used a walker to enter the court but was able to recall the day of the mugging in vivid detail, the…

Jan 25, 2008 2:14 PM CST

DNA Frees Man Convicted Partly Because of Gory Art

Updated: A man who was convicted of murder in 1999 partly on the basis of gory sketches and stories found in his home was released Tuesday after DNA evidence pointed to another suspect. Tim Masters told CNN he is relieved to be free, but he remains angry at investigator Jim…

Jan 24, 2008 5:25 PM CST

City’s Plan to Waive Attorney-Client Privilege Aggravates Insurer

Municipal officials in a small town in Washington state apparently thought they were doing the right thing by embracing an open records policy that potentially allowed residents to take a look at privileged documents and those relating to legal negotiations. Their insurer, however, had a different view. News that members…

Jan 23, 2008 7:46 PM CST

Examiner Raps O’Melveny, Firm Apologizes for Discovery ‘Mishap’

O’Melveny & Myers says a discovery “mishap” is to blame for 700,000-plus missing e-mails in the bankruptcy of subprime lender New Century Financial Corp. The law firm apologized for the error even as it faced additional criticism from a bankruptcy examiner who said the law firm had not been forthright…

Jan 23, 2008 12:46 PM CST

Study Finds Administration E-Mail Missing for 473 Days

An administration study shows one or more White House offices failed to archive e-mail messages on 473 separate days, according to a summary released by the chairman of the House Oversight and Government Reform Committee. Committee chairman Henry Waxman, D-Calif., said he released the study because of what seemed to…

Jan 18, 2008 2:20 PM CST