Tag Archive: legal update

Man cleared in Durham police officer’s shooting

carlos

From WRAL

— A Durham man was acquitted Friday of shooting a police officer three years ago, with jurors convicting him only of common law robbery in the case.

Officer Kelly Stewart was shot in the thigh during a confrontation with Carlos Antonio Riley Jr. following a December 2012 traffic stop. Stewart testified that Riley was being uncooperative and shot him after the two got into a fist fight. But Riley’s defense attorney insisted that Stewart accidentally shot himself with his own gun during the struggle.

“I believed this was going to happen. My faith, my faith, my faith and prayer. Prayers going up, and prayers come down,” a relieved Patricia Riley, Riley’s grandmother, said after the verdict was announced.

“The truth always prevails over all things,” said Riley’s mother, Karen Judd. “My son always has to be honest. I taught him that. I taught him to treat people in a humane way. During this trial, they were trying to portray him as a vicious criminal.”

Stewart was unavailable for comment Friday, and Police Chief Jose Lopez expressed disappointment in the outcome. (more…)

Fourth Circuit rejects appeal by jailed Latin Kings leader Jorge Cornell

kingjayFrom Triad City Beat/ By Jordan Green

The US Fourth Circuit Court of Appeals has turned down an appeal by North Carolina Latin Kings Leader Jorge Cornell, his brother and fellow Latin Kings member Russell Kilfoil and an associate named Ernesto Wilson.

The three-judge panel that heard the case in Richmond, Va. earlier this year upheld the judgment of the district court based on finding no reversible error. Summarizing the arguments of Cornell and his co-defendants, Judge Steven Agee wrote that the defendants made “several assertions of error concerning their trial, primarily focusing on the district court’s jury instructions and the sufficiency of the evidence.”

The opinion was published on March 16, less than two months after the judges heard arguments from the defendants’ lawyers and federal prosecutors.

Cornell, also known as King Jay, received a sentence of 28 years in prison after being found guilty of racketeering conspiracy, along with additional charges of violent crime in aid of racketeering activity and use of a firearm during and in relation to a crime of violence. Both of the latter charges were related to an April 2008 assault in which the government alleged that Cornell ordered Latin Kings members to retaliate against a supposed rival.

Cornell professed his innocence during his sentencing hearing, and said he never ordered any of his members to commit any act of violence. He said he kicked out members who committed crimes. Several community leaders testified about Cornell’s efforts to promote reconciliation among street gangs, encourage his members to pursue education and vocational development, and wide-ranging social justice efforts. The federal appellate opinion issued on March 16 provides a contrasting characterization of the Latin Kings: “Central to the organization is a culture of violence, which is manifested through frequent disputes with rival gangs. Violence and the threat of violence are also used to maintain compliance with gang rules.” (more…)

Albert Woodfox Applies for Bail With Expedited Review

albert-carrieFrom A3 Newsletter

This afternoon Albert Woodfox’s legal team submitted an application to US District Court Judge James A. Brady for release on bail with expedited review (View the court filing here).

This month marks 2 years since Albert’s conviction was overturned for a third time based on a finding of racial discrimination in the selection of his grand jury foreperson, a decision now firmly upheld by a unanimous panel of the 5th Circuit Court of Appeals.

Though the Attorney General may continue to stand in the way of justice and appeal yet again to the US Supreme Court and/or attempt to retry him, Albert’s attorneys argue that there is no legal or moral justification to hold him in prison any longer, nor any reason to believe the State of Louisiana could succeed in reconvicting him in a fair proceeding.

In a moving petition, they detail not just the legal underpinnings of freeing those wrongfully convicted, but also the deeply flawed legal processes that have resulted in this innocent man spending an unconscionable 4 decades in a solitary cell. As they point out, “the State has now had not just one but two chances to convict Mr. Woodfox at a trial that passes constitutional muster, and failed.” (more…)

Court stops parole bid for Sundiata Acoli

SundiattaWrite a note of support to Sundiata Acoli:

Sundiata Acoli #39794-066 (Squire)
FCI Cumberland
Federal Correctional Institution
P.O. BOX 1000
Cumberland, MD 21501

TRENTON, N.J. (AP) – New Jersey’s Supreme Court has put the brakes on the parole bid of a man convicted in the 1973 murder of a state trooper.

The justices on Thursday granted the state attorney general’s request that Sundiata Acoli not be paroled until the court decides whether to hear arguments in his case.

Acoli, then known as Clark Edward Squire, was convicted with current fugitive Joanne Chesimard in the murder of trooper Werner Foerster during a traffic stop on the New Jersey Turnpike.

Chesimard was found guilty but escaped from prison and eventually fled to Cuba, where she was granted asylum by Fidel Castro. She is now living as Assata Shakur and is the first woman placed on the FBI’s Most Wanted Terrorist List.

Last fall, an appeals court reversed a parole board panel’s decision and ordered Acoli released. The attorney general’s office says the court should have sent Acoli’s case to the full parole board for a rehearing. Acoli remains incarcerated. (more…)