Court Roundup

Oregon Appeals court rules teeth not dangerous weapon PORTLAND, Ore. (AP) -- The Oregon Court of Appeals has ruled that teeth are not a dangerous weapon. The decision Wednesday overturned a first-degree assault conviction for a Marion County man who bit off part of a neighbor's ear in 2008 in a drunken fight. The Oregonian reports a second-degree assault conviction against 30-year-old Scott Russell Kuperus II stands. But first-degree assault involves a dangerous weapon, and teeth don't qualify. His attorney says the first-degree assault charge that carried a sentence of 90 months in jail will be dismissed and Kuperus will be sentenced to 70 months for second-degree assault. Kentucky High court upholds ban on executions LOUISVILLE, Ky. (AP) -- A split Kentucky Supreme Court has upheld a judge's order halting all executions in the state. The court, by a 5-2 vote on Thursday, left in place the lower court's order temporarily barring executions while an appeal by condemned inmate Gregory L. Wilson is pending. The decision means that Kentucky won't be able to carry out an execution, despite having recently purchased enough of a key drug to carry out three lethal injections. Franklin Circuit Judge Phillip Shepherd issued the order in September as the state prepared to execute 54-year-old Wilson for the 1987 kidnapping, rape and murder of 36-year-old Debbie Pooley in northern Kentucky. Shepherd told attorneys on Monday that he's considering a final opinion in the case. Utah Man pleads guilty in BYU prof slaying weapons case SALT LAKE CITY (AP) -- A 27-year-old Utah man has pleaded guilty to a federal weapons charge, admitting he possessed an Uzi-type machine gun stolen from the collection of a 70-year-old former Brigham Young University professor who was slain in November 2009. The Salt Lake Tribune reports that William Robert Lemieux (lem-YOU') of Springville pleaded guilty Wednesday to one count of possession of an unregistered machine gun. Sentencing is set June 15. Two other men, 23-year-olds Martin Cameron Bond and Benjamin David Rettig, face first-degree murder charges in the slaying of Kay Mortensen during a home-invasion robbery. They could face the death penalty. Lemieux and Mortensen's son, Roger Kay Mortensen, were indicted on charges of possessing a machine gun stolen from a gun collection at the Payson home. Mortensen is due in federal court Tuesday. Indiana Man accused of trying to bribe witnesses FORT WAYNE, Ind. (AP) -- A northern Indiana man faces charges alleging that he tried to bribe a pair of witnesses to change their testimony in a court case. Thirty-two-year-old Augustine Galvan of Fort Wayne was charged Wednesday one felony count of bribery. He previously faced two counts each of robbery and attempted murder for allegedly trying to rob people Sept. 30 in a store's parking lot. The Journal Gazette reports that two witnesses to those robberies say a woman offered them $2,000 and $5,000 over the phone to change their testimony in Galvan's favor. That woman told police Galvan told her to offer the bribes and even sat next to her during one of the calls. He remained jailed at the Allen County Jail on Thursday. It was unclear if he has an attorney. Tennessee Phys ed teacher faces more student sex charges BROWNSVILLE, Tenn. (AP) -- A west Tennessee grand jury has indicted a Haywood County teacher and coach on 19 counts of sexual battery by an authority figure. Chanda Franks was originally arrested in February and charged with a single count. The 34-year-old Franks is a physical education teacher and coaches soft ball and cross country teams at Haywood High School. Her attorney, Leslie Ballin, told The Jackson Sun he had not yet seen a copy of the indictment, but assumed the charges relate to the same 14-year-old girl who was central to the original charge. Ballin said his client would appear in court Friday morning on the indictment. Franks was free on bond after the initial charge and was ordered to have no unsupervised contact with minors, pending the outcome of the charge. Rhode Island Town not liable for damages in bullying suit JOHNSTON, R.I. (AP) -- A Superior Court judge has ruled that the town of Johnston does not have to pay $4.3 million in damages awarded to a girl who says she was bullied and beaten by a police detective's daughter and two daughters of a town fire chief. Mayor Joseph Polisena announced Wednesday that the judge ruled that the police were not responsible for the girl's troubles and declined to impose $4.3 million in damages, plus interest, that the girl and her parents sought from the town. The judge said the girls accused of assaulting the victim are liable for $220,000, plus interest, in damages. The bullying incidents date to 2001 when the victim was 13, and the lawsuit was filed in 2005. The suit also claimed the girl was unjustifiably arrested and imprisoned. Published: Fri, Mar 25, 2011