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Washington Considers Collecting DNA Upon Arrest: Gene Johnson of the Associated Press reports Washington state's Legislature is considering requiring people to give DNA samples when they are arrested for serious crimes, instead of waiting until there is a conviction. Under bills in the Washington Legislature, DNA would be collected from people arrested for almost all felonies or for violating a domestic violence protection order. The State Patrol crime lab could test the DNA and enter the profile created in a nationwide database once a judicial officer declares the arrest supported by probable cause. If a person is not charged or exonerated, they could petition to have their sample and profile destroyed by the crime lab. The crime lab could run a check on the profile first before destroying it.   

Arizona Inmates Sue Over Execution Protocol: Amanda Lee Meyers of the Associated Press reports three inmates on Arizona's death row filed a lawsuit in federal court in Arizona Monday against the governor, the state corrections director, and those who conduct executions. The inmates claim the state's new execution protocol violates their constitutional rights, and seek to have two of their upcoming executions delayed. The inmates suing are Robert Henry Moormann, Robert Charles Towery, and Pete Rogovich. Moormann is scheduled to be executed February 26 for killing and dismembering his adoptive mother while on a "compassionate" furlough from prison. Towery is scheduled to be executed March 8 for killing a man while robbing his home. Rogovich, whose executed has not be scheduled, was sentenced to death for a crime spree in which he robbed two business and killed four people.

Cop Killer Formally Sentenced to Death: Sam Cohen of FOX40 News reports Marco Topete was formally sentenced to death by a Yolo County judge Tuesday for killing a Yolo County sheriff's deputy in 2008. The judge also denied the defense's motion seeking a new trial. See previous posts about this case here and here.

Shootings by Sheriff's Deputies Already Surpass Previous Year's High: Kim Minugh of The Sacramento Bee reports Monday was the sixth time this year a Sacramento County sheriff's deputy has fired their gun during a confrontation with a suspect. With six officer-involved shootings just thirty-seven days into 2012, the Sheriff's Department has surpassed the total for 2011 - five - and has matched its average yearly total. Sheriff Scott Jones said he is most concerned that the spike in incidents suggests that "the streets and our community are becoming increasingly hostile and dangerous places for my officers to work."    

Second Death Sentence in South Dakota Prison Guard Killing: The Associated Press reports Rodney Berget was sentenced to death Monday in South Dakota for killing prison guard Ronald "R.J." Johnson during a failed escape attempt. His accomplice, Eric Robert, was also sentenced to death in October for the killing. Berget is currently serving life sentences for attempted murder and kidnapping, and prosecutors said he had tried to escape several times before. Prosecutors said Berget and Robert bashed Johnson's head with a pipe and covered his mouth with plastic wrap. Robert then put on the guard's uniform and Berget hid inside a large box that Robert carted with him toward the prison gate before both inmates were apprehended. South Dakota Attorney General Marty Jackley said Berget's execution should take place in six to eight months. Robert's execution is scheduled for May.    

Norway Mass Killer Says He Deserves Medal of Honor: Bjoern H. Amland of the Associated Press reports Anders Behring Breivik, who confessed to a bombing and mass shooting that killed 77 people in Norway last July, told a court Monday he deserves a medal of honor and demanded to be set free. This was his last scheduled detention hearing before the trial begins in April. Breivik will remain in custody until then. He faces up to 21 years in prison for terror charges. If he is found criminally insane, he will be sent to psychiatric care. His defense lawyer suggested Breivik's comments on Monday were a preview for what's to come in the trial.

Judge Temporarily Blocks Mississippi Execution: The Associated Press reports a federal judge on Monday temporarily blocked the execution of Edwin Hart Turner in Mississippi. Turner was scheduled to be executed Wednesday for killing two men during a gas station robbery spree in 1995. His attorney's asked for the order, arguing that Turner was prevented from getting medical tests that could prove he is mentally ill - a diagnosis they hope will sway the U.S. Supreme Court to block Turner's execution and the execution of others with mental illnesses. Turner's lawyers also want the tests done so the information could be included as part of a clemency petition to Mississippi Governor Phil Bryant. U.S. District Judge Carlton Reeves in Jackson blocked the execution until February 20. Turner's lawyers can seek a longer stay in the meantime. 

Loughner Still Not Competent to Stand Trial: Michael Kiefer of The Arizona Republic reports U.S. District Judge Larry Burns wrote in a court order Thursday that a psychologist says Jared Loughner is still not mentally competent to stand trial. Diagnosed as a schizophrenic, Loughner has been confined to the federal prison hospital in Missouri since March, where he will likely remain for four more months. Loughner's principal psychologist said she believes he has made progress and can eventually be restored to competence. Burns ordered a hearing take place Monday in San Diego to discuss the matter with the defense attorneys and federal prosecutors. Loughner, 23, is charged with 49 felonies stemming from the January 8, 2011 shooting rampage in Tuscon, where six people were killed and thirteen others wounded.

CA Supreme Court Overturns Death Sentence for Man Who Burned Woman Over $100: Maura Dolan of the Los Angeles Times reports the California Supreme Court Thursday voted unanimously to overturn the death sentence for Gary Galen Brents, ruling that Orange County Superior Court Judge John J. Ryan failed to properly instruct the jury. Brents was convicted of the 1995 murder of Kelly Gordon. Gordon had agreed to sell $100 worth of methamphetamine for Brents. When he went to collect and she didn't have the drugs or money, Brents tried to suffocate Gordon, and choked her. He then put her in the trunk of a car, drove to a remote location, poured gasoline on her and the outside of the car, and lit the gasoline on fire. Trapped in the trunk, Gordon burned to death. The Orange County district attorney's office is reviewing the ruling. The opinion is here.

30 Bales of Marijuana Found Floating in Pacific Ocean: Robert J. Lopez of the Los Angeles Times reports 30 bales of marijuana, estimated to be worth about $500,000 on the street, were found floating in the waters off Marina Del Rey, CA. The bales were spotted by a boater Wednesday and recovered by the Los Angeles County Sheriff's Department with the help of lifeguards. The bales were turned over to the U.S. Customs and Border Protection Agency.

After 44 Arrests and No Convictions, Man Now Faces 32 Years: Nathan Gorenstein from the Philadelphia Inquirer reports John Gassew, 25, who avoided any sort of a conviction in state courts despite having been arrested 44 times, will now serve at least 32 years in federal prison. The primary reason for the previous lack of convictions is that victims failed to appear in court to testify. In the first of two robberies he was convicted for, Gassew held up a 7-Eleven and beat a store clerk with a .45-caliber semiautomatic pistol. Gassew then proceeded to drive a stolen truck into a tree, drawing police attention, and fled the scene, leaving his gun behind in the vehicle. After two days of jury deliberation, Gassew was found guilty of two counts of robbery and two counts of violating the Hobbs Act by carrying a firearm during the commission of a violent crime. Federal prosecutors have used the Hobbs Act to charge robbers who hit gas stations, convenience stores, and other businesses that can be shown to be involved in interstate commerce. He will be formally sentenced in May.

Mississippi Supreme Court to Take Pardons Case: The Associated Press reports the Mississippi Supreme Court said Wednesday it will take up the legal challenge to the pardons issued by outgoing Governor Haley Barbour. State Attorney General Jim Hood wants to invalidate dozens of the 198 pardons Barbour handed out. Hood says only about two dozen of those pardoned followed the Mississippi Constitution's requirement to publish notice about their reprieve in their local newspapers for 30 days. Ten of the people who received full pardons were still incarcerated when they received the reprieves. "It's a core question of separation of powers between the branches of government. It's an important question that the Supreme Court has to answer," said Matt Steffey, a constitutional law professor at Mississippi College. The state Supreme Court set a hearing for February 9.

Teacher Charged With 23 Counts of Lewd Conduct in Classroom Keeps Benefits: Howard Blume of the Los Angeles Times reports former elementary school teacher Mark Berndt, who is charged with 23 counts of lewd conduct in his classroom including spoon-feeding his semen to blind-folded children, will retain his life-time health benefits from his school district in addition to his pension because he technically resigned and was never officially fired. Vivian Ekchian, chief human resources officer for L.A. Unified, says the district is looking at its options for trying to rescind those benefits if Berndt is convicted. His retirement benefits are not at issue, because "a teacher will receive their pension regardless of the reason for their termination" said Michelle Mussuto, a spokeswoman for CalSTRS.

New York Gov. Proposes More Flexible Probation Sentencing Laws: Reuters reports New York Governor Andrew Cuomo, as part of the state budget proposal, wants to make New York's probation sentencing laws more flexible. For most felony convictions, the sentence would be three to five years, instead of the current mandatory sentence of five years. For Class A and unclassified misdemeanors, the probation sentence would be two to three years, instead of the current mandatory three years. Cuomo's budget also includes the measure to expand the state's criminal DNA database, and a measure that would allow criminal courts to order the forfeiture of the money earned in the commission of a crime. Under current state law, those convicted of misdemeanors can keep the money they gain from their crimes, and prosecutors must sue those convicted of felonies to take back any criminal profits.

CA Assembly Passes Three-Strikes Reform: Jim Sanders of The Sacramento Bee reports the California Assembly Tuesday passed AB 327, which would alter California's existing three-strikes law, by a vote of 41-33. The legislation would provide that an offender be sentenced to a 25 year to life prison term for a third strike only if the third strike is for a violent or serious felony, with some exclusions for certain previous crimes.The bill would only become effective if approved by voters at the November 2014 statewide general election. The bill now goes to the state Senate.

New CrimePush App Available on iTunes Today: Anushay Hossain, a Forbes Woman contributor, reports the CrimePush App, which allows smartphone users to quickly and discreetly report crimes, is available on iTunes today. Users can take a photo, record video and audio, and provide the location of the crime and a text description of the incident. Users can also report the crimes anonymously.

Georgia to Execute Killer of 3-Year-Old Girl and Mother: The Associated Press reports Nicholas Cody Tate, 31, is scheduled to be executed at 7 p.m. local time in Georgia today. In 2001, Tate and two of his younger brothers purchased ammunition, duct tape, and knives at a sporting goods store before going to the home of Chrissie Williams, where they believed she had a stash of drugs and cash. Tate's brother tried to strangle Williams' 3-year-old daughter, Katelyn, with a telephone cord before using Tate's knife to slit her throat. Tate put a seat cushion over Williams' head, killing her with one shot. The brothers fled to Mississippi, where they kidnapped a 23-year-old woman from a gas station. After releasing her, they kept her car and headed toward Oklahoma before calling their parents and negotiating their surrender to police. Tate was sentenced to death in 2005. His brothers were sentenced to life in prison. In 2009 he said he wanted to waive all future appeals. Update:  The execution has been postponed, Greg Bluestein reports for AP.

CA Supreme Court Rules on Self-Representation for Mentally Disturbed Defendants: Bob Egelko of the San Francisco Chronicle reports the California Supreme Court ruled "gray-area defendants" (those competent to stand trial but who lack the mental health or capacity to represent themselves) can be denied self-representation and be required to accept a lawyer. The ruling upheld the convictions for Andrew D. Johnson, who in June 2007 committed a brutal sexual assault on a bartender, and later that day hit a man at a sandwich shop in the head with a metal chair. A judge withdrew his permission for Johnson to act as his own lawyer, and he was represented by an attorney despite his rejections. The state Supreme Court said "the trial court acted within its discretion in revoking defendant's self-representation status." The opinion is here.

Appeals Court Upholds Stolen Valor Act: Ivan Moreno of the Associated Press reports the 10th U.S. Circuit Court of Appeals ruled Friday that the Stolen Valor Act is constitutional. The ruling reverses a district court's decision that the Stolen Valor Act violates the First Amendment, saying the U.S. government had not presented any compelling reason to restrict that specific type of speech. That case out of Colorado involves Rick Strandlof, who founded a veterans group and said he had received the Purple Heart and Silver Star. He was charged with violating the law in 2009 and his case was later dismissed by a federal judge. The opinion from the 10th U.S. Circuit Court of Appeals is here. The U.S. Supreme Court will take up the issue in February in the case of United States v. Alvarez, after the 9th U.S. Circuit Court of Appeals struck down the law. CJLF's brief with the Legion of Valor for that case is here. 

NY Bar Association Proposes Removing Some Felonies From Public Records: Russ Buettner of The New York Times reports the New York Bar Association's proposal to create a way to remove some nonviolent felony convictions, under certain conditions, from a person's public record was approved Friday by the association's House of Delegates. The change would allow misdemeanor convictions and a single nonviolent felony conviction under certain circumstances to be sealed with the approval of a judge. An offender would have to wait five years after a misdemeanor conviction or eight years after a felony conviction, without committing any crimes during the waiting period, before the record could be sealed. Sealed records would become public again if an offender committed another crime.

First Trial Under Racial Justice Act: Paul Woolverton of The Fayetteville Observer reports the first hearing in North Carolina under the Racial Justice Act began today for Marcus Reymond Robinson, who was sentenced to death for robbing and killing a 17-year-old boy in 1991. Robinson's Racial Justice Act claim says prosecutors dismissed half of the black jurors and only 15 percent of the non-black jurors. The victim's stepmother said the court system wasn't racist, but Robinson was. He is black, and his victim is white. She said a witness testified at the trial that Robinson said he was going to "kill a whitey."

Tougher CA Parole-Revoking Rules Struck Down: Bob Egelko of the San Francisco Chronicle reports a federal judge Thursday ruled that all of California's Proposition 9 provisions for parole revocation were invalid. Proposition 9, passed in 2008, did not guarantee parolees the right to present evidence at the hearings, allowed parole agents to testify about incriminating statements by witnesses who were not in court, required the state to provide lawyers only for parolees who appeared unable to defend themselves, and required the parole board to give more consideration to "the safety of victims and the public" than to the costs and burdens of imprisonment when deciding whether to revoke parole. The ruling does not affect other sections of Proposition 9, which requires prisoners serving life terms to wait up to 15 years between parole hearings and expands the rights of crime victims and their families for taking part in parole proceedings. State prison officials are reviewing the ruling.

Medical Care for Aging Inmates Puts Strain on Prisons: The Associated Press reports elderly inmates are an increasing population in U.S. prisons. Officials are grappling with how to balance cost factors and public safety while meeting the expensive needs of aging inmates at a time when state budgets are tight. Prison officials have to address questions like whether to install handicap toilets and grab bars in some cells, how to accommodate wheelchairs, or how to manage inmates with dementia. Some states have turned to medical parole, hospice programs, and assisted living facilities. Inmates' health tends to decline more rapidly than the traditional U.S. population due to long-term substance abuse and poor health maintenance. "You can't just generalize about these prisoners," said Texas State Rep. Jerry Madden, chairman of the House Corrections Committee. "Some are still extremely dangerous, some may not be.... Some you wouldn't want in the same assisted living facility with your parents or grandparents."

Komisarjevsky Formally Sentenced to Death in Connecticut Home Invasion Murders: The Associated Press reports Joshua Komisarjevsky was formally sentenced to death in Connecticut today. Komisarjevsky denied having any part in the three killings he was convicted of. Dr. William Petit, who survived the attack, called the loss of his wife and two daughters "a personal holocaust." Komisarjevsky will join his accomplice on death row. Both men were on parole at the time of the deadly home invasion crime. The 2007 attack sparked tougher state laws for repeat offenders and home invasions, and led to the defeat of a bill to abolish the death penalty in Connecticut.

Executions Stayed in Ohio and Texas: Christine Lee of NBC 5 Dallas-Forth Worth and the Associated Press report Donald Newbury, one of the "Texas 7," has won a stay in his execution scheduled for February 1 for killing a police officer after escaping from a Texas prison in 2000. U.S. Supreme Court Justice Antonin Scalia granted the stay Thursday after Newbury's attorneys argued it should be granted while the U.S. Supreme Court considers a case out of Arizona that questions death row inmates' entitlement to better legal assistance during their initial appeals. In Ohio, the Associated Press reports a federal judge on Wednesday delayed the execution of Michael Webb, who was scheduled to be executed February 22 for the 1990 arson death of his 3-year-old son. U.S. District Judge Gregory Frost's one-page ruling addressed challenges to Ohio's lethal injection procedures and a debate over whether executions should be halted due to minor variations to the policies. Frost delayed the execution of Charles Lorraine earlier this month, saying the state deviated from its execution policies. Ohio has filed a motion with the U.S. Supreme Court to overturn that ruling. Ohio Attorney General Mike DeWine says minor variations in the execution policy are not the same thing as an unconstitutional system, and even Frost has said the rulings are not a commentary on the constitutionality of the state's execution procedures.

RI Senate Panel Endorses Tougher Good-Time Credits Legislation: David Klepperof the Associated Press reports the Rhode Island Senate Judiciary Committee voted to endorse legislation written by Attorney General Peter Kilmartin that would make offenders of certain crimes ineligible from earning "good-time" credits. The measure was prompted by last year's release of Michael Woodmansee, who shaved 12 years off his 40 year sentence after being convicted of killing a 5-year-old boy and keeping his bones in his bedroom. The boy's family said no one should have to suffer like they did when they learned Woodmansee was being released early due to good behavior. "We're only talking about the worst of the worst here. Child molesters. Murderers. Rapists. They just shouldn't be allowed to get out early," said John Foreman V. The director of the state's Department of Corrections says prison bills will be higher if more prisoners are serving their entire sentence. "Of course it would be additional costs," said Senator Glenford Shibley (R-Coventry). "But some things are worth the cost."  

Execution Today in Texas: Michael Graczyk of the Associated Press reports Rodrigo Hernandez is scheduled to be executed by lethal injection in Texas today for the the abduction, rape, and strangulation of a 38-year-old woman in San Antonio in 1994. Hernandez attacked her at a storage area behind a supermarket and dumped her body in a garbage barrel behind a church. The murder went unsolved for eight years until he had to submit a DNA sample as a requirement for parole in Michigan, where he was serving a sentence for using a bottle to severely beat a man. His DNA sample went into a national database, which linked Hernandez to the Texas murder. Two years ago, DNA evidence also linked him to the 1991 slaying of a 77-year-old homeless woman in Michigan. He was not tried for her death. It would be the first execution in Texas this year.

Juvenile Sex Offenders Must Report for 25 Years: Bob Egelko of the San Francisco Chronicle reports the U.S. Ninth Circuit Court of Appeals Wednesday upheld that juveniles convicted of serious sex crimes in federal court can be required to register as sex offenders for at least 25 years. The Ninth Circuit said a registration law passed by Congress in 2006 that removed sex offenders aged 14 and over from the confidentiality protections of federal juvenile justice law is constitutionally sound. The ruling upheld registration requirements for three Montana juveniles subjected to federal prosecution because they committed forcible sex crimes between ages 14 and 17 on Indian reservations. The opinion is here.

Supreme Court GPS Tracking Case Confounds the Press: Tom Goldstein, writing for SCOTUSblog, explains how he thinks the press got Monday's U.S. Supreme Court decision regarding GPS tracking in United States v. Jones wrong. He says the Court's only holding is that the installation of a GPS monitoring device is a search, which is a different question from whether it requires a warrant and whether it requires probable cause. The Court did not decide whether the short-term monitoring of a GPS device is a search requiring a warrant. Goldstein says in general, the coverage of Jones is bad and misleading, with none of the pieces correctly characterizing the ruling and its limits. He says the early press coverage focused on the warrant question because the public knows what that means. 

Death Row Inmate Writes Taunting Letter to Public: Diane Turbyfill of the Gaston Gazette reports North Carolina death row inmate Danny Robbie Hembree Jr. wrote a letter to the newspaper, challenging Gaston County to put him to death. Hembree is on death row for suffocating to death a 17-year-old girl in 2009, and has two other murder charges pending. Hembree asked if the public was aware that the chances of his execution taking place in the next 20 years, if ever, are slim. "Is the public aware that I am a gentleman of leisure, watching color TV in the a/c, reading, taking naps at will, eating three well-balanced meals a day?" he asked. A link to the handwritten letter is included in the article.

Only in Utah: Jennifer Dobner of the Associated Press reports the Utah Supreme Court on Tuesday rejected an appeal from death row inmate Von Lester Taylor, who claims the jury selection process in the penalty phase of his trial unfairly favored Mormons. Taylor was sentenced to death for killing 72-year-old Beth Potts and her 49-year-old daughter, Kaye Tiede, during a break-in in 1990. Police said Taylor repeatedly shot the two woman, then shot Tiede's husband before kidnapping two of his daughters and setting the cabin on fire. The two daughters were rescued by law enforcement. Tiede's husband survived, despite being shot point-blank in the head and doused with gasoline when the cabin was set on fire.

Some CA Judges Want More Say in New Sentencing Rules: Tracey Kaplan of San Jose Mercury News reports some California Superior Court judges are wanting to keep track of certain felons for a longer period of time than the new realignment plan calls for. Under realignment, judges can order defendants to serve their whole sentence behind bars, in which case they will have no supervision upon release, or split the sentence set by law between jail time and mandatory supervision. Some judges are now seeking the option to tack on a period of supervision to offenders sentenced to the full term in county jail.

Oklahoma and New Jersey Introduce Legislation to Reduce Prison Costs: Michael McNutt of The Oklahoman reports Oklahoma House Bill 3052 would reduce the sentences for certain second-time marijuana possession offenders and allow violent offenders to start earning credits toward reducing their prison term after serving 85 percent of their sentence. MaryAnn Spoto of The Star Ledger (NJ) reports a package of bills were introduced by state Senators in New Jersey that would require the state Parole Board to release inmates when they reach their parole eligibility date unless they had committed a serious infraction while in prison or had not participated in rehabilitation programs, give judges and prosecutors more discretion on who could be tried in a drug court, repeal the ban on convicted felons working in places where alcohol is sold, and prohibit employers from automatically disqualifying convicted felons from jobs.   

Making the Case for an All-Crimes DNA Database: Cyrus R. Vance Jr., the Manhattan district attorney, has this opinion piece about authorizing the collection of DNA following convictions for all crimes, including some presently excluded misdemeanors in New York state. Since New York's state DNA databank opened in 1996, the bank's DNA samples have been linked to more than 3,500 sexual assaults, 860 murders, 1,100 robberies, and 3,400 burglaries. Vance says the current restrictions mean the DA's office can't use DNA technology in more than half of their cases. He points out that while a DNA match is not proof positive of guilt, DNA technology is more reliable than eyewitness accounts, testimony, and confessions, and is truly colorblind.

California Counties Change Bail Policies: Marisa Lagos of the San Francisco Chronicle reports that as a result of prison realignment, some counties in California are being forced to change their policies regarding pretrial detainees and are having judges keep those awaiting trial in jail based not solely on whether they can afford bail, but on their risk to pubic safety. Pretrial risk assessments conducted by law enforcement authorities to gauge a person's likelihood of committing another crime if they are released are used to help judges decide whether a person should stay in jail while awaiting trial. If they waive their right to a speedy trial, which most offenders do, they could be free for months or sometimes more than a year while waiting for their trial to begin. CJLF's Michael Rushford said, "Risk assessments are guesses. You are guessing someone won't do something, and when you make a mistake, people get hurt. You will have people in morgues that are the result of those guesses."

South Dakota AG Wants to Limit Death Penalty Appeals: Steve Young of The Argus Leader (SD) reports South Dakota Attorney General Marty Jackley has introduced Senate Bill 42, which would put stricter limitations on the appeals process for inmates sentenced to death in the state. The bill would create a two-year statute of limitations for bringing a writ of habeas corpus and claims of ineffective counsel, allow judges to decide whether a habeas corpus claim requires the appointment of counsel, and create provisions to prevent repetitive claims of ineffective counsel. The bill was passed out of the state Senate Judiciary Committee 5-1 Thursday, and will now go to the full state Senate.

The Cost of Saving Money: Mandy Feder, managing editor for the Record-Bee, has this opinion piece about the costs of California's prison realignment program, designed to ease state prison overcrowding and save the state money. She discusses the negative impact the shift has on rural counties, where services are already scarce. Feder also presents a scary bit of information, saying that approximately 90 percent of inmates being sent to counties are testing out of their current facilities as "high-risk" offenders.

Montana Judge Says Federal Law Trumps State's Medical Marijuana Law: Matt Volz of the Associated Press reports U.S. District Judge Donald Molloy on Friday dismissed a lawsuit filed on behalf of more than two dozen medical marijuana providers in Montana that were raided by federal agents last year. Molloy wrote that even if they are following state law, the providers can be prosecuted under the federal Controlled Substances Act, citing a 2005 U.S. Supreme Court decision that said the Constitution's supremacy clause applies to medical marijuana cases. The attorney representing the medical marijuana providers said a decision on whether to appeal had not yet been made.

CA Woman Who Killed 2 Sons and Husband Gets Death Penalty: Terri Vermeulen Keith of City News Service reports Manling Tsang Williams, convicted in 2010 of killing her 3- and 7-year-old sons and her husband while they were asleep, was sentenced to death in Pomona Superior Court Wednesday. After putting on gloves and smothering her two sons with a pillow in their bunk beds, prosecutors alleged that Williams checked the MySpace page of her lover, went out with friends, and then returned home and attacked her husband with a sword, inflicting more than 90 wounds on him. Prosecutors said she killed her family because her lover indicated he was going to break up with her because she was married with children. Before handing down the death sentence, Pomona Superior Court Judge Robert Martinez also rejected a motion for a new trial.

Federal Official Pleads the Fifth on Fast and Furious: William La Jeunesse of Fox News reports the chief of the Criminal Division of the U.S. Attorney's Office in Arizona informed the House Oversight Committee Thursday through his attorney that he will use the Fifth Amendment protection and not testify before Congress regarding Operation Fast and Furious. Patrick J. Cunningham's lawyer says the Department of Justice is making him the fall guy. Cunningham says he is a victim of a conflict between two branches of government, and will not be compelled to make a statement that could later be used to indict him on criminal charges. This is the first big rift in the government's united defense of itself in the gun-running scandal.

Gang Members Arrested After Bragging About Murders on Social Media Sites: Aman Ali of Reuters reports 43 feuding gang members were arrested in New York Thursday in connection with three murders and a series of shootouts that led to the wounding of several others after bragging about the shootings on Facebook, Twitter, and YouTube. The gang members were indicted on charges including murder, assault, reckless endangerment, robbery, and weapon possession. Potential sentences range from a year to life in prison. "By linking their postings and boastings to active cases and other crimes, these officers were able to build their case," New York Police Commissioner Raymond Kelly said.

Washington Post Wins Access to Chandra Levy Jury Questionnaires: Zoe Tillman, writing for the blog of Legal Times, reports the District of Columbia Court of Appeals ruled Thursday morning The Washington Post and other media outlets were wrongly denied access to jury questionnaires from the Chandra Levy murder trial. The three-judge panel wrote that the public's right to access criminal trials covers jury selection. The appellate judges found that the trial judge, Superior Court Judge Gerald Fisher, made a mistake in promising the jury that the questionnaires would be kept out of the public eye.

Killer Gets 200 Years for 2-day Rampage: The Associated Press reports Maksim Gelman, who admitted to killing four people and wounding four others in a 2-day crime spree in New York City last winter, was sentenced to 200 years in prison on Wednesday. He got the maximum sentence for each of the 13 counts he was convicted of, with some of the sentences running consecutively. In a rambling statement, Gelman blamed his victims, said he wasn't the bad guy, and blamed the U.S. Drug Enforcement Agency for supposedly following him.

Triple-Murderer Denied New Trial: Josh Kovner and Alaine Griffin of The Hartford Courant report Joshua Komisarjevsky, convicted of killing three people and setting their house on fire in 2007, had his motions for a new trial and acquittal denied Wednesday. Superior Court Judge Jon C. Blue ruled that there was no outside influence that affected Komisarjevsky getting a fair trial. Blue is scheduled to impose the jury's sentence of death on January 27.

Delaware Gov. Commutes Killer's Death Sentence: Randall Chase of the Associated Press reports Delaware Governor Jack Markell accepted a recommendation from the state Board of Pardons to commute Robert Gattis' death sentence to life in prison without parole. Gattis was scheduled to be executed by lethal injection Friday for the murder of a 27-year-old woman, who prosecutors argued he shot in a jealous rage after years of physically abusing her. Gattis' attorneys argued the courts never properly weighed the accounts of physical and sexual abuse Gattis claims to have suffered as a child.

Oversight of California's Prison Medical System to End: Don Thompson of the Associated Press reports U.S. District Court Judge Thelton Henderson on Tuesday ordered California officials to prepare for the end of a six-year, court-ordered oversight of the medical system in the state's prisons. Nearly six years ago a receiver was appointed to run California's prison medical system. Under the receivership, the state doubled the amount of money it spent on inmate health care over five years. Henderson ordered the appointed receiver, state officials, and attorneys representing inmates to report by April 30 when the receivership should end and if it should continue some oversight role.

Victim's Father Speaks Out About Reported Serial Killer Suicide: Scott Smith of The Record reports the father of Cyndi Vanderheiden, one of the victims of Loren Herzog and Wesley Shermantine, said he would have killed Herzog himself if he had the chance. Cyndi disappeared in 1999, and her body has never been found. John Vanderheiden said he is prepared to make the four-hour drive to Susanville to get concrete proof that Herzog is dead. "I just want to make sure it is Loren Herzog and that will be some relief," he said. The Lassen County District Attorney's Office, the California Department of Corrections and Rehabilitation, and the state's Office of the Inspector General are all investigating the apparent suicide. Vanderheiden said he hopes that now with Herzog gone and Shermantine on death row, someone will feel safe enough to reveal where the remains of his daughter are buried. He called Herzog a coward and said, "if he was going to kill himself, why didn't he tell us where the bodies were?" "Then we could bury her," he said. Scott Smith has more details about the apparent hanging here.