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Retrial possible in dad's NY samurai sword slaying

•  Law Center     updated  2010/08/17 19:32

An appeals court has ordered a new trial for a New York man convicted of using a samurai sword to kill his stepfather while he slept on a living room couch.

Zachary Gibian was convicted in 2006 of nearly beheading retired police officer Scott Nager in his home in Hauppauge (HAWP'-awg), on Long Island. Gibian was 20 at the time. He's serving 25 years to life in prison.

The Appellate Division of the state Supreme Court ruled errors were made in his trial. It faulted the trial judge for not allowing testimony about statements supposedly made by Gibian's mother.

Gibian testified it was his mother who killed Nager after she discovered her husband sexually abusing her son. She denied the allegations.


Groups seek judge's removal from drilling case

•  Law Center     updated  2010/08/03 09:06

Several environmental groups have asked a federal appeals court to disqualify a judge from a lawsuit over the Obama administration's initial six-month moratorium on deep-water oil drilling.

U.S. District Judge Martin Feldman overturned the temporary drilling ban in June and refused last month to withdraw from the case.

In a court filing Thursday, environmental groups supporting the moratorium asked the 5th U.S. Circuit Court of Appeals to remove Feldman from the case because of his investments in several oil and gas companies. Feldman says he learned he owned Exxon Mobil stock a day before he ruled and sold it several hours before he issued the decision.

Last month, a 5th Circuit panel rejected the government's bid to restore its six-month ban on issuing new permits for deep-water drilling and suspension of 33 existing drilling projects in the Gulf of Mexico.


Texas, feds wait turns in polygamist leader cases

•  Law Center     updated  2010/07/29 09:24

A Utah Supreme Court decision that overturns polygamous church leader Warren Jeffs' 2007 criminal conviction won't automatically make him a free man. Even if Utah doesn't retry him, Texas and federal prosecutors are waiting to move forward with their own cases.

Justices on Tuesday unanimously said Jeffs should get a new trial because state attorneys overreached in their argument that performing the marriage of a 14-year-old girl to her 19-year-old cousin amounted to facilitating a rape.

Utah officials now have two weeks to seek a rehearing before the state's high court and then a month to decide if they'll retry the 54-year-old head of the Fundamentalist Church of Jesus Christ of Latter Day Saints on charges of first-degree felony rape as an accomplice.

A judge Wednesday set an Aug. 18 date for a hearing on a motion from Jeffs' defense attorneys seeking a "speedy trial before a jury of his peers."

Meanwhile, authorities in Texas are trying to get Jeffs sent there to face charges in connection with his own alleged marriages to underage girls in 2005. A federal indictment stemming from Jeffs' stint as a fugitive on the FBI's Ten Most Wanted list is also pending.


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