National Roundup

Utah Federal judge doubts police slaying cover-up claim SALT LAKE CITY (AP) -- A federal judge in Utah says he doesn't believe a former Salt Lake County district attorney conspired to clear police in on-duty shooting cases. U.S. District Judge Dee Benson said Wednesday that attorney Aaron Prisbrey doesn't have the facts to prove former prosecutor Lohra Miller covered up facts and violated protocols to protect police. Prisbey represents Wade Pennington's family. He was shot and killed by South Jordan police in May 2009. Attorney Dan Larsen represents police Sgt. Michael Leary. He calls Prisbey's claim fiction. The Deseret News reports that Pennington's family seeks at least $1 million in wrongful death damages from West Jordan, South Jordan, police, Miller and Leary. West Jordan police and the county attorney's office determined South Jordan police officer Jared Nichols acted lawfully when he shot Pennington. Utah Judge could set 'incompetent' sex offender free SALT LAKE CITY (AP) -- Utah County prosecutors say they'll ask a state judge to order a convicted sex offender held at the state hospital for continued treatments that might restore his competency for trial. A hearing is set for Thursday in Provo's 4th District Court before Judge James R. Taylor. His decision could set Lonnie Hyrum Johnson free. In 2007, Johnson was charged with 21 counts of rape, sodomy and aggravated sexual abuse of a child for alleged acts with a step-daughter and her cousin. He was deemed incompetent for trial in 2008. Last month, doctors said that despite treatment, Johnson had not improved. Taylor has said it seems unlikely competency can be restored. Last week a civil commitment petition, which would have kept Johnson hospitalized, was also denied. Johnson's sister denies the allegations. Massachusetts Jail chaplain pleads not guilty to smuggling MEDFORD, Mass. (AP) -- A Roman Catholic deacon and chaplain at a jail accused of smuggling drugs and other contraband to inmates told authorities he did so because he was being blackmailed. According to court documents, William Emerson, deacon at St. William Church in Tewksbury, told investigators he smuggled drugs into jails in Billerica and Cambridge because two pretrial detainees threatened to tell authorities he had pornography on his home computer. A spokeswoman for the Middlesex district attorney tells The Sun of Lowell that investigators checked Emerson's computer and the pornography was legal. Emerson pleaded not guilty on Wednesday to delivering an article to a prisoner and was released on personal recognizance. He is due back in court May 5 to face three counts of delivering drugs to prisoners. Emerson and his lawyer declined comment. Ohio Suit tossed against convicted murderer priest TOLEDO, Ohio (AP) -- The Ohio Supreme Court won't hear the appeal of a woman who claims she was sexually abused in satanic rituals by a Roman Catholic priest later convicted of murdering a nun. The Blade newspaper of Toledo reports the woman said the abuse began when she was a child in the late 1960s and lower courts found that her 2005 lawsuit came too late. The state's highest court on Wednesday declined without comment to review the case. In a filing with the Supreme Court, an attorney for the Toledo diocese called the allegations against both the Rev. Gerald Robinson and a now deceased Catholic lay teacher "irresponsible," "untrue" and "tall tales." Robinson is serving 15 years to life in prison for the 1980 killing of Sister Margaret Ann Pahl. Louisiana Attempted murder conviction upheld LAFAYETTE, La. (AP) -- The 3rd Circuit Court of Appeal has upheld Jeffery Lee Guillory's conviction in the December 2007 attempted murder of a Lafayette woman. Guillory, a suspected serial killer, was sentenced last year to 50 years at hard labor on his conviction of attempted second-degree murder and a concurrent 40 years at hard labor in the second-degree robbery. Guillory had appealed those sentences as being overly excessive. The appellate court issued a ruling Wednesday, upholding both the convictions and sentences. Lafayette jury convicted Guillory on March 5, 2010 of beating and robbing Johnnie Rose Martinez in December 2007. The Advocate reports Guillory is scheduled to stand trial May 9 in the 2002 death of 46-year-old Renee Newman. He was arrested in December 2009 in the slayings of Newman and two other women. Pennsylvania Judge hears arg uments on des troyed evidence PITTSBURGH (AP) -- A defense attorney says a coin purse mistakenly destroyed by police is the key to a Pittsburgh woman's defense on federal drug charges. Tiona Jones is charged with possession of more than 100 grams of heroin stemming from a May 2008 traffic stop. But the coin purse and drugs were mistakenly destroyed by the Pittsburgh police when the case was transferred to federal court. Assistant Federal Public Defender Marketa Sims says the coin purse had a zipper and she would have been able to discount an officer's testimony and undermine the legality of the searches of Jones' car and home. The purse was among evidence destroyed by the Pittsburgh Police Department in June. U.S. District Judge Gustave Diamond said he was "not overwhelmed" by the testimony and would rule later. Pennsylvania 3 charged with contempt in courtroom attack PHILADELPHIA (AP) -- Court officials in Philadelphia say three women attacked the mother of a suspect during a preliminary hearing on murder charges stemming from a Valentine's Day shooting that killed two women. The three women were charged with contempt of court after brawling with the mother of 27-year-old Shaun Warrick inside a Philadelphia courtroom on Wednesday. The women were among a large group of friends and family of 19-year-old Tiffany Burnhill and her cousin, 21-year-old Mercedes Ivery. Authorities say Warrick was Burnhill's former boyfriend and fatally shot both women on February 14. The Philadelphia Daily News reports Warrick's mother was hit with a flying pocketbook then punched before her wig was ripped off in front of the judge. Warrick was held for trial on charges including two counts of first-degree murder. Published: Fri, Apr 8, 2011