- Posted June 27, 2011
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National Roundup

Washington, D.C.
Circus family assault lawsuit verdict appealed
WASHINGTON (AP) -- The long-running feud in the family behind the Ringling Bros. and Barnum & Bailey circus is about to run longer.
Circus CEO Kenneth Feld successfully defended himself this spring in a $110 million lawsuit filed by his sister, Karen, who claimed his private security guards assaulted her when they threw her out of their late aunt's shiva. The jurors also rejected Kenneth's Feld's $10 million counterclaim against his sister for trespass at the aunt's memorial service held at a Washington penthouse apartment he owned.
Karen Feld filed a notice of appeal Thursday. Her attorney Steven Oster said there are several issues, primarily Kenneth Feld's trespass defense. Oster said he believes a unit owner may never use force to eject someone from the common areas of a condo building.
California
Ruling: LA County needn't mandate condoms in porn
LOS ANGELES (AP) -- An appeals court says the courts can't compel public health officials to require and enforce condom use in porn.
The June 16 ruling by the 2nd District Court of Appeals in Los Angeles upholds dismissal of a case brought against county health officials in 2009 by the AIDS Healthcare Foundation.
In its suit, AHF contended the officials should be compelled by the court to issue a regulatory order requiring adult film performers to wear condoms in sex scenes and get hepatitis B vaccinations.
The appeals court said the county health officer has discretion in his duty to prevent and control disease. The advocacy group's lawyer Brian Chase says the case will be appealed to the state Supreme Court.
Virginia
ACLU sues over Charlottesville begging ordinance
CHARLOTTESVILLE, Va. (AP) -- Lawyers for the American Civil Liberties Union of Virginia have filed a lawsuit challenging a Charlottesville law that restricts panhandling at the city's Downtown Mall.
The ACLU claims the ordinance unconstitutionally restricts freedom of expression in a public venue. The lawsuit, filed Thursday in U.S. District Court, lists five men as plaintiffs.
The August 2010 ordinance prohibits the soliciting of people sitting in outdoor cafes or within 50 feet of the two streets that cross the mall, as well as people conducting business at any vendor table or cart.
New York
Man indicted in burning of Hasidic dissident
NEW CITY, N.Y. (AP) -- An 18-year-old student from a Hasidic enclave in New York has been indicted on charges stemming from a fiery attack on a religious dissident.
The Rockland County district attorney said Thursday a grand jury brought charges of attempted murder, attempted arson and assault against Shaul Spitzer of New Square.
On May 22, Aron Rottenberg of New Square suffered severe burns when he confronted someone carrying a flammable liquid outside his home.
Police arrested Spitzer and said he was trying to burn down Rottenberg's house.
Spitzer's defense attorney denied the charges.
Rottenberg's family has alleged that the attack was directed by Grand Rebbe David Twersky. Rottenberg says Twersky was angered by Rottenberg's decision to worship at a synagogue other than the main one in New Square. Twersky has decried the attack.
Iowa
Attorney acquitted in client assault case
AMES, Iowa (AP) -- An Ames attorney accused of assaulting a female client has been acquitted.
The Ames Tribune reports that the jury took only a few hours last week to return a verdict of not guilty on Gerald Moothart. He was charged with assault with intent to commit sexual abuse.
The client who was 22 at the time told police she hired Moothart in January 2010 to represent her in a drunken-driving case. According to court documents, the woman says Moothart made comments about her body during their meetings and once was served four alcoholic drinks by Moothart and ended up on his lap on a couch.
Arizona
TV pitchman cha rged with fraud a no show at court
PHOENIX (AP) -- An Arizona judge has issued a bench warrant for a Phoenix-based TV pitchman who failed to show for his arraignment.
Donald Lapre is charged with running a nationwide scheme to sell essentially worthless Internet-based businesses.
A grand jury indicted him on 41 counts of conspiracy, mail fraud, wire fraud and promotional money laundering. He's accused of encouraging people to sell worthless vitamins through a company called "The Greatest Vitamin in the World."
The government says at least 220,000 people were defrauded of nearly $52 million.
Idaho
Man awaits new trial in road-rage case
COEUR D'ALENE, Idaho (AP) -- A northern Idaho man who was freed from prison for six days after his second-degree murder conviction was overturned is back in custody awaiting a new trial.
Jonathan Wade Ellington, of Hayden, reported last week to the Kootenai County Jail and is being held on a $1 million bond. Ellington, 50, was released from state prison on June 17 after his conviction was vacated, his attorney said.
First District Judge John Mitchell then signed an order saying Ellington should report to jail and he turned himself in, the Spokesman-Review reports.
Ellington was sentenced to 25 years for second-degree murder and 15 years each on two counts of aggravated battery charges for running over a woman during what was described as a road-rage encounter on New Year's Day in 2006.
He was 45 when Vonette Lee Larsen, 41, was struck and killed in Athol.
Ellington was accused of driving the vehicle that hit her and a car carrying her two daughters. Larsen died of massive head trauma. During the chaotic incident, Larsen's husband fired a .44-caliber handgun at Ellington's car.
The Idaho Supreme Court unanimously ruled last month that Ellington should get a new trial, citing prosecutorial misconduct and the likelihood that an Idaho State Police officer committed perjury.
The case is headed back to Idaho's 1st District Court and a status hearing has been scheduled for Monday.
Published: Mon, Jun 27, 2011
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