skip to main | skip to sidebar

Apr 22, 2012

Your 2 hourly digest for U.S. News

U.S. News
Stories from NBC reporters around the country.
thumbnail Five big questions as the John Edwards trial starts
Apr 23rd 2012, 03:36

Chris Keane / Reuters

Jury selection in the trial of former Sen. John Edwards was to begin Monday morning at the U.S. courthouse in Greensboro, N.C.

By Hampton Dellinger, Special to msnbc.com

After months of pretrial hearings and weeks of jury selection, the trial of John Edwards really starts Monday. This morning, the jury pool gets winnowed from 42 to 16 (12 jurors and four alternates); in the afternoon come the opening statements.


Hampton Dellinger

Hampton Dellinger, a litigation partner with Robinson Bradshaw & Hinson of Charlotte and Chapel Hill, N.C., is former deputy attorney general of North Carolina and has taught election law at Duke University Law School. In 2008, he sought the Democratic nomination for lieutenant governor of North Carolina.


I've tried to answer as many questions as possible in trial previews for The Atlantic and for msnbc.com. But here are five key questions that remain unresolved and that could determine the trial's outcome:

Who's in charge?
You've heard of "blended families"? This case features two "blended trial teams." Edwards has churned through nearly a dozen lawyers but has settled finally on the threesome of Washington-based Abbe Lowell and North Carolina lawyers Alan Duncan and Allison Van Laningham. The latter two joined Team Edwards just a month ago, but they know well the key fact witnesses (Edwards, his mistress, Rielle Hunter, and political aide-turned-legal nemesis Andrew Young), having represented Hunter in her civil lawsuit against Young over possession of the infamous "sex tape." Lowell has led Edwards' defense team since August. The eleventh-hour addition of Duncan and Van Laningham seems to have gone smoothly, but the test will come when the jury is in the box. How much of a role will Lowell (and Edwards) let the local lawyers play? (I predict a big one, particularly for Van Laningham.)

Trial of John Edwards over mistress funds is set to start

The prosecution trial team has been more stable, but it is also a Washington-North Carolina mix. Two lawyers are from the Public Integrity Section of the Justice Department in Washington, and the third, Robert Higdon, is with the U.S. attorney's office in Raleigh, N.C. Combining "Main Justice" and "Main Street" federal prosecutors proved disastrous in the Ted Stevens case. Public Integrity needs this prosecution to be scandal-free. (I predict it will be.)

Beyond the two legal teams, there is the larger issue of the extent to which U.S. District Judge Catherine Eagles will rein in or let loose the lawyers in terms of both the pace and the substance of their work.

Will the former Federal Election Commission members get to testify?
Two former FEC chairmen, Robert Lenhard and Scott E. Thomas, are prepared to testify that Edwards' conduct does not violate civil law, much less criminal. Eagles has so far denied prosecution efforts to bar their testimony but has instructed Edwards' counsel "not to address [FEC] expert testimony during opening statements." Whether the commissioners ultimately testify, and to what extent they are permitted to opine, may ultimately be more important than whether Hunter or Edwards take the stand.

Does the jury focus more on the facts or the law? On what this case is or what this case isn't?
There are many ways to view the Edwards case, but here are the two most salient to my mind:

The prosecution will want the jury to focus on the facts and what the case is about. The defense hopes the jury fixates on the law and what the case is not about.

Here's why. Edwards' personal conduct (cheating on his cancer-stricken wife and lying about it) is abhorrent. And hundreds of thousands of dollars in "off the books" activity in the orbit of a political candidate should be troubling to all but the most laissez faire observer. The more the jury focuses on the facts of what did happen, the more likely is a conviction. Conversely, the strength of Edwards' defense lies in the lack of legal precedent (i.e., law) for a criminal prosecution based on the pattern of facts present here and how his actions differ from the typical political corruption cases (i.e., quid pro quos, excessive and unreported donations that pay for TV ads, get-out-the-vote or other direct campaign support, or lobbyist-sponsored lining of a politician's pockets). The more Edwards is able to introduce evidence (through the former campaign regulators or otherwise) about the legal novelty of the charges against him, the better his chances.

How well will the jury understand the case?
The Edwards case is no ordinary whodunit. When a death is ruled a homicide, there's no doubt someone committed a crime. The jury's role is then limited to deciding whether or not the defendant is the perpetrator. In the Edwards trial, the jury must first decide whether key facts are established (What did Edwards do? What did he know?). Then it must determine whether those facts constitute criminal activity. I've worked on campaign finance lawsuits as an attorney, taught election law as a professor and followed the Edwards investigation and prosecution closely from the outset. Maybe I'm alone in finding the issues of law and fact implicated by this case complex (and at times confusing), but I doubt it.

What will the jury instructions and the verdict form consist of?
Because of the case's complexity and its likely duration of a month or longer, the jury instructions and the verdict form that will close the trial could be of paramount importance. So far, they have received little attention. But as the trial winds down, expect heated arguments (oral and in written, and outside the presence of the jury) between the prosecution and the defense over the precise wording of each.

More content from msnbc.com and NBC News:

Follow US News on msnbc.com on Twitter and Facebook

thumbnail 'Possible entry point' found in search for Isabel Mercedes Celis, 6, in Tucson
Apr 22nd 2012, 05:53

By msnbc.com staff and news services

Updated at 11:16 p.m. ET: Investigators found "suspicious circumstances around a possible entry point" at the home of a 6-year-old Arizona girl whose disappearance has prompted a massive search, with more than 150 law enforcement officers trying to figure out whether she was abducted, a police spokeswoman said Sunday, according to the Associated Press.

Tucson police Sgt. Maria Hawke wouldn't comment Sunday on whether the entry point was a bedroom window or a door. But family friend Mary Littlehorn said she heard from others close to the family that a window screen in the girl's bedroom had been knocked down.

The parents of first-grader Isabel Mercedes Celis have said they last saw her in her bedroom at 11 p.m. Friday, according to Hawke. She was discovered missing at about 8 a.m. Saturday, and the parents phoned 911 minutes later.

Officers kept the whole neighborhood block where Isabel lives cordoned off for a second day and fanned out over a wide area looking for clues to the possible kidnapping. A fourth search of a three-mile radius around the home was completed Sunday afternoon in temperatures that reached the high-90s, police Lt. Fabian Pacheco said at a Sunday evening news conference.


  

Pacheco wouldn't comment on the suspicious "entry point," saying: "I don't want to compromise anything."

Earlier Sunday, Tucson police chief Roberto Villasenor said officers had served at least two search warrants. The girl's parents, identified by friends as Becky and Sergio Celis, were helpful as police worked to find their youngest child, he said. He said police were still classifying the case as a "suspicious disappearance/possible abduction."

"We're not ruling anything out of the investigation at this point because we really need to keep our mind open about all the information that's been brought to us," Villasenor said. "The family has been cooperating with us."

Littlehorn, who gathered Sunday with other family friends at a police command post, said authorities separated the two parents for hours Saturday as they questioned them. She said it was difficult for them knowing their little girl was out there somewhere.

"She hasn't been allowed to help look for her daughter," Littlehorn said of Becky Celis.

The massive search resumed Sunday morning.

Scores of police, FBI agents and deputy U.S. marshals combed the city’s east side for Isabel. Officials tried to determine if the girl was kidnapped or just wandered off.

Isabel’s parents last saw her in bed at 11 p.m. Friday, and they discovered her missing when they woke up around 8 a.m. Saturday, Tucson police spokeswoman Sgt. Maria Hawke said.

Police using dogs and a helicopter were still out late Saturday night, police communications operator Patrick Olea said.

Friends of the family distributed fliers with a photo of Isabel, NBC station KVOA in Tucson reported.

"We're really surprised or shocked that anything like this could happen to our family," the girl's uncle, Justin Mastromarino, told KVOA.

Hawke said investigators were looking into all potential scenarios, including the possibility that Isabel got up and wandered out of the home she shares with her parents and two brothers or that she was kidnapped.

Investigators also were examining every door and window of the house for signs of a break-in, Hawke said.

Both parents live in the home, so police had no indication a child custody dispute was involved but weren't completely ruling it out.

"We don't want to be caught behind the ball by not exploring that possibility," Hawke said Saturday afternoon.

The working-class neighborhood of single-family homes is sandwiched between a large shopping mall to the east and businesses and a Catholic school to the west.

Isabel is described as just under 4 feet tall and weighing 44 pounds, with brown hair and hazel eyes. She is missing her two front teeth.

This article includes reporting by The Associated Press.

More content from msnbc.com and NBC News:

Follow US News on msnbc.com on Twitter and Facebook

thumbnail Investigators collect hair, paper in search for Etan Patz, missing since 1979
Apr 22nd 2012, 00:28

Sources close to the investigation into the disappearance of Etan Patz indicate that new evidence may have been uncovered 33 years after the 6-year-old vanished. NBC's Michelle Franzen reports.

By NBCNewYork.com

Updated at 11:04 p.m. ET: Dozens of items, including strands of hair, a piece of paper and other possible bits of forensic evidence have been found in a SoHo basement in the four days that investigators have been searching for clues in the 1979 disappearance of Etan Patz, NBC New York has learned.

Law enforcement sources tell NBC New York that investigators from the FBI, NYPD and Manhattan district attorney's office have told the Patz family that no human remains have been found. The family was briefed Sunday on the investigation and what has been found at the site.

Investigators discovered a "stain of interest" on a drywall Saturday while taking apart the basement in their search for the remains of Etan, according to law enforcement sources. But by Sunday, a law enforcement source told Reuters that "nothing conclusive had been found."

The stain was discovered Saturday in the ongoing search for clues in the case of the 6-year-old boy who went missing 33 years ago on his short walk to the school bus stop.


NBC New York was first to report the break in the cold case on Thursday.

By Saturday, investigators had finished ripping up the basement's concrete floor with jackhammers and saws, and were digging through the dirt in hopes of finding the boy's remains, or any other evidence.

See the original story at NBCNewYork.com

It was while investigators were taking apart the basement floor and walls that they found a "stain of interest" on a drywall, according to law enforcement sources. Officers from the NYPD Emergency Services Unit used a chainsaw to cut out a piece of the wall, which is being preserved for analysis at the FBI Laboratory in Virginia. It's not clear how significant it is.

Other debris was also being tested, a process that could last into next week, chief police spokesman Paul Browne said.

At the time of Patz's disappearance, the 13-by-62 basement at 127B Prince Street was being used as a workshop by Othniel Miller, a handyman who was friendly with the Patz family.

Miller, now 75, has been interviewed by investigators several times over the years, but he recently made statements that raised their suspicions, according to law enforcement sources.

Stanley K. Patz / AP

Etan Patz, who vanished on May 25, 1979, and has never been found, after leaving his family's SoHo home for a short walk to his school bus stop in New York.

In a recent interview with investigators, he blurted out “What if the body was moved?” according to an official.

Sources also say they have evidence to suggest Patz had been in the basement before.

Miller hasn't been named a suspect, and his lawyer says he has nothing to do with the case.

Investigators Saturday were mostly concentrating their search towards the rear of the basement, where a cadaver-sniffing dog recently picked up a scent.

It's unclear what the renewed probe may turn up, if anything.

"We're hopeful that we can bring some level of comfort to the parents, perhaps find some — obviously, the body of this poor child — but evidence that may lead to a successful investigation in this case," Police Commissioner Ray Kelly said. He was a lieutenant working on organized crime cases when Etan Patz vanished.

As for whether authorities were optimistic, he said, "I really can't say."

Earlier: Etan Patz case: Police dig in basement, question second man in search for boy who disappeared in 1979

Through a lawyer, Miller denied having anything to do with Etan's vanishing, which helped turn missing children into a nationwide cause. Miller's grandson, Tony Miller, said Friday outside his home that his grandfather is a "good guy" who "wouldn't do this."

Investigators have also questioned a second person, Jesse Snell, in connection with the re-examination of evidence. NBC New York has learned that on the morning Patz disappeared in 1979, Snell was observed at the building where police are searching now, and also worked with  Miller. Investigators would not elaborate on why they met with Snell.

The investigation into the disappearance of Patz has stretched through decades and countries, from basements to rooftops and seemingly everywhere in between.

No one has ever been charged criminally — and Etan Patz, the little boy with sandy brown hair and a toothy grin, was declared dead in 2001.

This week, after more than a decade of relative quiet, the case suddenly ran hot again, after the cadaver-sniffing dog picked up the scent.

The investigation has reached similar highs before — only for the trail to go cold for years at a time.

Vanished in 1979
Patz vanished on May 25, 1979, while walking alone to his school bus stop for the first time, two blocks from his home in New York's SoHo neighborhood.

There was an exhaustive search by the police and a crush of media attention. The boy's photo was one of the first of a missing child on a milk carton. Thousands of fliers were plastered around the city, buildings canvassed, hundreds of people interviewed. SoHo was not a neighborhood of swank boutiques and galleries as now, but of working-class New Yorkers rattled by the news.

Etan's parents, Stan and Julie, offered a $25,000 reward for information leading to the boy's whereabouts, and sightings were frequently reported, to no avail. In 1986, a child resembling Etan was spotted in Israel, which prompted detectives to circulate his photo there. Nothing came of it.

A name gradually emerged as a possible suspect: Jose Ramos, a drifter and onetime boyfriend of Etan's baby sitter. In the early 1980s, he was arrested on theft charges, and had photos of other young, blond boys in his backpack. But there was no hard evidence linking Ramos to the crime.

Missing persons cases, like homicides, are generally considered cold after six months, but they're never closed. And with seemingly no new leads, the case would go quiet for years. In three decades, 10 detectives have been assigned to head up the case. The FBI and police are working jointly.

"Those cases are still maintained by someone, but the attention they get diminishes over time," said Joseph Pollini, a retired NYPD lieutenant in the cold case squad, now a professor at John Jay College of Criminal Justice. "There's often nothing you can do, when you have no new leads."

Reviving the case
A fresh lead came in 2000, after Ramos, now in prison in Pennsylvania for sexually molesting two boys in unrelated cases, admitted he was with Etan the day he disappeared. He was said to have told a cellmate: "Etan is dead. There is no body, and there will never be a body."

That prompted police to scour for clues in the building where Ramos lived at the time. They dismantled the furnace and searched it for DNA. But they found only animal traces.

By the next year, father Stan Patz, who never moved or even changed their phone number in the hope their son would reach out, had Etan declared dead in order to sue Ramos in civil court. He was tired of waiting for justice, he said at the time.

A civil judge in 2004 found him to be responsible for the disappearance and presumed death of the boy, after he disobeyed her orders to answer deposition questions under oath for a lawyer representing Etan's parents. Ramos says he didn't do it.

The ruling provided a tiny measure of comfort to the family, though Stan Patz never collected the $2 million the judge ordered Ramos to pay. But the criminal case continues, and prosecutors lacked enough evidence to charge Ramos criminally.

The case was quiet until 2010 when new district attorney Cyrus R. Vance said he was going to revisit it.

Ramos is scheduled to be released from prison in Pennsylvania in November. His pending freedom is one of the factors that has given new urgency to the case.

The basement space being searched sits beneath several clothing boutiques. Investigators began by removing drywall partitions so they could get to brick walls that were exposed in 1979. The work will continue through the weekend.

About 50 law enforcement agents including forensics experts and an anthropologist are on scene. While cadaver-sniffing dogs are capable of detecting scents much older than 33 years, it's also possible the dog picked up an animal scent or was plain wrong.

The swank cobblestone street remained closed off and was a veritable media circus, with trucks and crews parked along the curb and gawking tourists stopping to snap photos.

The Patz family hasn't commented or turned up near the site, though it's visible from their home — they've seen the circus before.

More content from msnbc.com and NBC News:

Follow US News on msnbc.com on Twitter and Facebook

You are receiving this email because you subscribed to this feed at blogtrottr.com.

If you no longer wish to receive these emails, you can unsubscribe from this feed, or manage all your subscriptions
 

TOP POPULAR NEWS Powered by Blogger