In Session: Sidebar
May 30, 2008

Law and order done right

Posted: 01:20 PM ET

NEW YORK - The state of Texas is nothing if not law and order. So there must be a reason two appellate courts there have sided with polygamist mothers fighting for the return of their children. And that reason is simple: it’s the right thing to do. Not as a matter of sympathy, or morality, or decency, but as a matter of constitutional law.

True, the Texas Supreme Court did not say yesterday that there’s no wrongdoing at the ranch, where authorities say sexual abuse of young girls is routine. Indeed, the Supreme Court acknowledged the state's interest in protecting children from harm. But state agents can’t storm home, polygamist or otherwise, and remove children without a showing of abuse. Suspicions are not enough.

I know it's difficult to understand if you care about children or the mothers. But those of us who choose to become lawyers, well, these are easy cases, because these are the very people our Constitution seeks to protect - the least popular among us - lest they be subject to the tyranny of the majority. And that is the Last Word.

– Jami Floyd, In Session anchor

Filed under: Uncategorized


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WA v Haq verdict watch continues

Posted: 10:09 AM ET

SEATTLE, Washington –No note, no questions, nor hint of progress from the jury deliberating the fate of Naveed Haq, on trial for killing one person and injuring five others in an attack on the Jewish Federation headquarters.  Haq presented an insanity defense.

Jurors took a longer than usual lunch and deliberated for 5 hours and 25 minutes Thursday before retiring for the night.  The jury has deliberated now for a total of 22 hours and 45 minutes over four days, and will resume today at 12:00 EST.

–In Session staff

Filed under: Trials


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Matos McGreevey grilled over lifestyle at divorce trial

Posted: 09:48 AM ET

ELIZABETH, New Jersey–For the entire day Thursday, Dina Matos McGreevey – the estranged wife of former New Jersey governor James McGreevey – testified about her experiences as the state’s first lady, and her eventual breakup with the husband who proclaimed himself a “gay American” on national television as his wife stood by.

During her direct testimony, Matos McGreevey calmly explained the changes in her lifestyle since her husband was forced to resign his office. But later in the day, she turned combative, during a contentious cross-examination. That cross will continue on today, after which the defense is likely to rest its case.

At this point, it appears that this phase of the McGreevey divorce trial will wrap up sometime next week. After that, it may be weeks before Judge Karen Cassidy issues her ruling in the matter.

–In Session staff

Filed under: Trials


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May 29, 2008

Making your case

Posted: 01:56 PM ET

NEW YORK - I had a little sit down with Scalia yesterday. Yes, that Scalia. And I don't often agree with him on much, but there are a few things. Love of country. Love of the Constitution, though we don’t always agree on its interpretation. And there's something else. A love of language.

So now, together with Bryan Garner, Justice Scalia has written this book, "Making Your Case: The Art of Persuading Judges," and thank God for it because we’re losing our love of language in this country. We say mute when we mean moot. We insert the word "like" into nearly every sentence, whether it belongs there or not. And don't get me started on me, myself and I.

So, whether you are making your case to a judge, your spouse or that police officer who is about to give you a ticket, take a page from Scalia's book: use the right words, put them in the right order, and know the meaning. The authors remind us that no journey can be taken before we know to what place and by what road we have to go. Which is a fancy way of saying, think before you speak. And that is the Last Word.

–Jami Floyd, In Session anchor

Filed under: Uncategorized


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Question from the Haq jury

Posted: 12:03 PM ET

SEATTLE, Washington –The jury of 12 men and women deliberating the fate of Naveed Haq recessed for the day Wednesday without a verdict, after deliberating for 5 hours and 35 minutes, for a total of 17 hours and 20 minutes over three days.

Deliberations resume at 12:00 p.m. EST today.

Haq is charged with murder, attempted murder and kidnapping after a shooting spree at the Jewish Federation headquarters in July 2006 that left one person dead and five others wounded. He presented an insanity defense.

Jurors sent a note out earlier in the day suggesting they were deadlocked on Count 1, (A or B) the aggravated murder of Pam Waechter. Count 1B gives jurors the option of finding Haq guilty of the lesser charge of second-degree murder.

In the note, jurors asked the judge whether they should move on to consider the other charges. The judge advised them to continue their deliberations and told them they could deliberate the charges in any order they deemed appropriate.

–In Session staff

Filed under: Trials


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Day 6: McGreevey v McGreevey

Posted: 09:56 AM ET

ELIZABETH, New Jersey–Sitting in the small Union County courtroom listening to the testimony of Dina Matos McGreevey, one thing was readily apparent to me - her estranged husband, former governor Jim McGreevey, wouldn't look at her. I was close enough to McGreevey to observe that he was looking down, and seemed engrossed in reading a document.

Every now and then he would look up after a particular comment, but then looked right back down at the document.

Although her testimony has only just begun, Matos McGreevey testified that from the very beginning of her relationship with McGreevey she would help his gubernatorial campaign and political career, organizing fundraisers and acting as a bridge between the Portuguese and Hispanic communities he represented, since she is fluent in Spanish.

There are a lot of issues in this case that are firsts here in New Jersey. Can a politician have increased income as a product of their "celebrity goodwill" when they can't earn extra income while in office? And, if Jim McGreevey turned down offers once he left the governor's office can he now claim he has no celebrity goodwill? And finally, with all the help that Matos McGreevey appeared to give her husband in his quest to be New Jersey's governor, did that effort itself help him acquire celebrity goodwill?

According to the state's case law, celebrity goodwill is a marital asset that should be equitably divided between a couple during a divorce, and that's what this case seems to be all about...money.

–Jean Casarez, In Session correspondent

Filed under: Trials


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Former governor's wife testifies at divorce trial

Posted: 09:42 AM ET

ELIZABETH, New Jersey–The court has already heard from former New Jersey governor James McGreevey. Now it’s his estranged wife’s turn. On Wednesday, Dina Matos McGreevey took the stand to begin her testimony in the McGreeveys’ divorce trial – the final chapter in a story that started out like a fairy tale, but turned sordid after Mr. McGreevey resigned following the disclosure that he was gay.

Earlier in the day, defense forensic accountant Kalman Barson underwent a blistering cross-examination by McGreevey's attorney Steven Haller. Haller was so contemptuous of Barson’s testimony that – following Barson’s departure – he asked the judge to completely strike it from the record. Judge Karen Cassidy declined to do so at the present time . . . but took the matter under advisement.

The bulk of Ms. Matos McGreevey’s testimony is yet to come today. Stay tuned.

–In Session staff

Filed under: Trials


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May 28, 2008

Just another day on Death Row

Posted: 03:31 PM ET

NEW YORK–Yesterday, the state of Virginia executed a man who was convicted of killing a convenience store owner. And it was the first execution in that state in nearly two years. The man, Kevin Green, was convicted of the murder in 1998.

Nothing really remarkable about his case, except that his execution was the third since the U.S. Supreme Court upheld the constitutionality of lethal injection in April. The court said that the three drug cocktail (which even veterinarians won't use on animals) is not cruel and unusual punishment. And just yesterday, they refused to hear an appeal in Mr. Green's case.

Well, maybe lethal injection is constitutional. But Mr. Green was also mentally disabled. And executing someone who is, is not constitutional either. And that is the Last Word.

–Jami Floyd, In Session anchor 

Filed under: Uncategorized


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Case begins for McGreevey's wife

Posted: 11:07 AM ET

ELIZABETH, NEW JERSEY - Dina Matos McGreevey left immediately when court was finished Tuesday. She was first on the elevator, then bounded out the back door of the courthouse after testimony concerning her part of the case as the defendant in the divorce trial of McGreevey v McGreevey.

The plaintiff, former New Jersey governor Jim McGreevey, finally finished his testimony earlier in the day after extended direct questioning and a contentious cross-examination by attorney John Post, who represents his estranged wife.

McGreevey describes his employment situation as tenuous at best. An offer to host a local television show required too much commuting time and he said his divinity studies to become an Episcopal priest take up at least half of his day. McGreevey currently makes $48,000 per year, and when asked by the judge if he is planning on expanding his income to satisfy debts, including over $250,000 to his partner, McGreevey’s response was "I am working towards that."

Matos McGreevey's case began with forensic CPA Kalman Barson. He testified that Matos McGreevey is entitled to the same marital standard of living she enjoyed as the first lady of New Jersey, including perks such as a personal assistant and driver. Her attorney contends she should be compensated for what she lost when her husband resigned as New Jersey's governor in August 2004.

Matos McGreevey may take the stand as early as today. McGreevey's attorney Stephen Hallar is known as a tough cross examiner, so you never know what may happen in the courtroom.

–Jean Casarez, In Session correspondent

Filed under: Uncategorized


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Haq deliberations continue

Posted: 10:53 AM ET

SEATTLE, Washington –The jury of 6 women and 6 men deliberated for 5 hours and 45 minutes Tuesday without reaching a verdict in the case of Naveed Haq. Haq is on trial for a shooting spree at the Jewish Federation headquarters in July 2006 that killed one person and wounded five others.

The group had no questions and no requests and broke once for a one-hour lunch. They have now deliberated a total of 11 hours and 45 minutes over two days.

They will resume deliberations today at 12:00 pm ET.

–In Session staff

Filed under: Uncategorized


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About this blog

Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

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In Session Team
Vinnie Politan
Host and former prosecutor
Ashleigh Banfield
Ryan Smith
Host and attorney
Jack Ford
Jean Casarez
Attorney Jean Casarez covers trials around the country
Jean Casarez
Beth Karas
Former prosecutor Beth Karas covers trials around the country
Beth Karas
Mike Brooks
Contributor who serves as law-enforcement analyst
Jami Floyd
Midwin Charles
Contributor and defense attorney
Fred Graham
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