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Child remains found at New Mexico compound, man due in court
Topics | 2018/08/11 06:45
For months, neighbors worried about a squalid compound built along a remote New Mexico plain, saying they brought their concerns to authorities long before sheriff's officials first found 11 hungry children on the lot, and then the remains of a small boy.

Two men and three women also had been living at the compound, and were arrested following a raid Friday that came as officials searched for a missing Georgia boy with severe medical issues.

Medical examiners still must confirm whether the body found at the property in a second search on Monday is that of Abdul-ghani Wahhaj, who was 3 in December when police say his father took him from his mother in Jonesboro, Georgia.

The boy's father, Siraj Ibn Wahhaj, was among those arrested in the compound raid that has since resulted in the series of startling revelations on the outskirts of Amalia, a tiny town near the Colorado state line marked by scattered homes and sagebrush. Authorities said they found the father armed with multiple firearms, including an assault rifle.

Siraj Ibn Wahhaj was scheduled to appear in court Wednesday on a warrant from Georgia that seeks his extradition to face a charge of abducting his son from that state last December. He had expressed wanting to perform an exorcism on his son, the warrant said.

The group arrived in Amalia in December, with enough money to buy groceries and construction supplies, according to Tyler Anderson, a 41-year-old auto mechanic who lives nearby.

He said Tuesday he helped the newcomers install solar panels after they arrived but eventually stopped visiting.


Supreme Court examines Kentucky's medical review panels
Topics | 2018/08/11 06:44
After Ezra Claycomb was born with severe brain damage and cerebral palsy, his mother considered filing a medical malpractice lawsuit. But in 2017, Kentucky's Republican-controlled legislature passed a law requiring all such lawsuits first be reviewed by a panel of doctors.

The law gave the panel nine months to issue an opinion on whether the lawsuit is frivolous — yet section 14 of Kentucky's Constitution says every person has access to the courts "without ... delay."

Claycomb's parents sued to block the new law, making Kentucky the latest state to have its medical review panels challenged in court.

A circuit judge agreed the law was unconstitutional. But Republican Gov. Matt Bevin appealed that decision to the state Supreme Court, which heard arguments Wednesday.

"This is a modern day version of the poll tax," said attorney J. Guthrie True, who represents Claycomb in a lawsuit he says has class action status to represent all patients. "This has one purpose, and that is to obstruct the courthouse door."

Matthew Kuhn, an attorney for the governor, said the state Constitution's ban on delaying access to the courts only applies to the court system itself. It does not apply to the legislature, which he says has the power to impose rules on the court system. He noted Kentucky has other laws that limit when people can file lawsuits. For example, heirs wanting to sue the executor of an estate must wait at least six months after the executor has been appointed before they can do so. Kuhn says that law has never been challenged.

Kuhn said the medical review process is helpful because it gets the two sides talking before a lawsuit is filed, which could jumpstart settlement discussions. It also makes sure both sides have all the evidence collected before they go to a judge.



Court says convicted serial rapist should be released
Topics | 2018/07/17 17:03
A convicted serial rapist should be allowed to be released into the community under supervision, the Minnesota state Court of Appeals ruled Monday, saying the state did not prove by clear and convincing evidence that Thomas Duvall should remain in treatment.

Department of Human Services Commissioner Emily Piper said Monday that she will appeal the provisional discharge of Duvall, in a case that once set off a political firestorm as lawmakers were considering changes to the state's treatment program for sex offenders.

"I have grave concerns about this decision," Piper said in a statement. "Three experts have previously testified that Thomas Duvall is not ready for life in the community and that he presents far too great a risk to public safety. I share that view and will exhaust every possible avenue of appeal."

Duvall, 62, has spent the last 30 years locked up for the violent rapes of teenage girls in the 1970s and 1980s. In 1987, he bound a Brooklyn Park girl with an electrical cord and raped her repeatedly over several hours while hitting her with a hammer. He was civilly committed as a psychopathic personality in 1991 and sent to the Minnesota Sex Offender Program.

Duvall has been in treatment since 2001 and was diagnosed as a sexual sadist. He has been in the final stages of the program since 2010, living outside the security perimeter at the facility in St. Peter, going on regular supervised community outings, volunteering at a thrift store, attending community support groups and preparing for transition into the community.


Wisconsin court to rule on conservative professor's firing
Topics | 2018/07/05 11:56
The Wisconsin Supreme Court is set to rule on whether Marquette University was correct to fire a conservative professor who wrote a blog post criticizing a student instructor he believed shut down discussion against gay marriage.

John McAdams sued the private Catholic school in 2016, arguing that he lost his job for exercising freedom of speech.

Marquette says McAdams wasn't fired for the content of his 2014 post, but because he named the instructor and linked to her personal website that had personal identifying information. The instructor later received a flood of hateful messages and threats.

The court heard arguments in April. The ruling expected Friday has been eagerly awaited by conservatives who see universities as liberal havens and by private businesses that want control over employee discipline.



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