Daily Record (St. Louis, MO/St. Louis Countian) articles from October 2007

Daily Record (St. Louis, MO/St. Louis Countian) archives from October 2007

Missouri public defenders will refuse to take some new cases.
October 1, 2007... Byline: Kelly Wiese The Missouri Public Defenders Commission has voted to stop accepting certain cases in some offices that are overloaded. It will likely be a few weeks before the process is put into action. The details of just how many...

Out-of-state computers help in child porn prosecutions in Missouri.
October 1, 2007... Byline: Allison Retka Successful federal prosecutions on child pornography possession and distribution charges have continued to rise in Missouri, thanks in part to increased training for police officers who track down leads -- many from...

St. Louis Catholic Church gives OK to musical review.
October 1, 2007... Byline: Allison Retka The Archdiocese of St. Louis has approved sex, drugs and rock 'n' roll. Or at least the Catholic organization approved a theatrical performance by the same name. A temporary restraining order was lifted Friday...

St. Louis County Circuit Court joins others online.
October 2, 2007... Byline: Allison Retka The last phase of a computer changeover in St. Louis County Circuit Court was to take place today, aligning the court with others across the state. The so-called Justice Information System was scheduled to go "live"...

Location of rape questioned before the Missouri Supreme Court.
October 3, 2007... Byline: Scott Lauck No one doubts that rape is a crime, but where it occurs -- and if the state must prove the location to win the case -- was the subject of an appeal before the Missouri Supreme Court on Tuesday. The case, involving a...

Attorneys in Coeur-based Monsanto antitrust action asks fed judge to shut state court case in Tenn.
October 3, 2007... Byline: Allison Retka Attorneys for a potential class-action suit against Creve Coeur-based Monsanto Co. and two other biotech companies have asked a federal judge to shut down a state court case in Tennessee that deals with similar...

Missouri Governor Blunt, lawyers still disagree on tort reform.
October 4, 2007... Byline: Charles Emerick Medical-malpractice attorneys and Gov. Matt Blunt are still nowhere near agreement on the results of the 2-year-old tort reform. The governor, who touted its effects in a news release last week, called the reform a...

Fatal chase prompts suit for negligence against Kansas City Police Department.
October 4, 2007... Byline: Charles Emerick A Jackson County man is suing the Kansas City Police Department for the way it handled a high-speed chase four years ago. Larry Denny said negligence on the part of several police officers resulted in the death of...

Public Defender gets its day in Missouri Supreme Court.
October 4, 2007... Byline: Scott Lauck The Missouri State Public Defender's office urged the Missouri Supreme Court to bar some private attorneys from leaving cases and dumping them in the laps of taxpayers. In two similar cases argued back-to-back Wednesday...

St. Louis federal judge to rule in Monsanto case.
October 4, 2007... Byline: Allison Retka A decision was expected late Wednesday or early today on whether a St. Louis federal judge will intervene in a Tennessee state court case that levies anti-competitive conspiracy claims against Creve Coeur-based...

St. Louis federal judge stays out of Tennessee state case.
October 5, 2007... Byline: Allison Retka U.S. District Judge E. Richard Webber refused a request Wednesday to intervene in a Tennessee state court case that levied antitrust and conspiracy claims against Monsanto Co. The judge wrote in his order that while...

Missouri Attorney General Jay Nixon files lawsuits against ticket sellers.
October 5, 2007... Byline: Donna Walter Missouri Attorney General Jay Nixon sued three out-of-state ticket brokers on Thursday, alleging they violated state consumer protection laws and a Kansas City ordinance by selling concert tickets for higher than face...

Missouri Ethics Commission puts on public face.
October 5, 2007... Byline: Allison Retka Weeks after deciding in private the effects of a state Supreme Court decision on campaign finance, the Missouri Ethics Commission opened its doors Thursday for a public discussion of the issue. The meeting in...

Montgomery trial gets under way in Kansas City.
October 5, 2007... Byline: Charles Emerick As the long-awaited trial against Lisa Montgomery began Thursday in Kansas City, her lawyers told a federal jury that a history of abuse and mental illness are to blame for a gruesome crime she's accused of...

Commentary: Paying for public service - an important first step.
October 5, 2007... Byline: William H. Neukom If it weren't for public service lawyers -- including prosecutors, public defenders and those who provide legal aid to the poor, disabled and victims of domestic violence -- the rule of law that defines our...

Missouri Governor Blunt announces grant program for historic courthouses.
October 5, 2007... Byline: St. Louis Daily Record Staff Report Historical courthouses will get a $500,000 boost under a program Gov. Matt Blunt unveiled Thursday in St. Charles. The Missouri Heritage Properties Program sets aside $500,000 to preserve such...

Amid scandals, a look at law training for Missouri law enforcement officers.
October 8, 2007... Byline: Kelly Wiese In the wake of recent incidents of questionable judgment by law enforcement, some in Missouri are taking another look at how police officers in the state learn what they need to know. In the tiny south St. Louis County...

Popular St. Louis attorney sentenced to prison.
October 8, 2007... Byline: Allison Retka A federal judge in East St. Louis has sentenced St. Louis criminal defense attorney Frank Fabbri to 18 months in prison for accepting a $36,000 cash payment from the proceeds of a client's drug ring. Nearly two dozen...

Kidnapping suspect Michael Devlin expected to plead guilty.
October 8, 2007... Byline: Donna Walter Kidnapping suspect Michael Devlin is expected to plead guilty this week to state and federal charges related to the kidnapping of Shawn Hornbeck and Ben Ownby. Devlin, 41, has a court appearance scheduled for 10 a.m....

U.S. Supreme Court misapplied Brown v. Board of Education, law professor says.
October 8, 2007... Byline: Donna Walter A Chicago law professor took the U.S. Supreme Court to task for failing to learn the lessons of the 1954 Brown v. Board of Education decision when in the last term it struck down two voluntary school desegregation...

Franklin County prosecutor: 'This is the beginning of the end' in case against Michael Devlin.
October 9, 2007... Byline: Allison Retka Michael Devlin entered his first guilty plea Monday in the child abduction and assault cases that have stretched across four jurisdictions since two boys were rescued from Devlin's Kirkwood apartment in January. He...

Commentary: Devlin's pleas spare his victims -- and all of us.
October 9, 2007... Byline: Will Connaghan The Michael Devlin guilty-plea tour this week is the best possible ending to a macabre chapter in the history of St. Louis-area criminal justice. On Monday in Franklin County, Devlin admitted to kidnapping young...

With millions at stake, suit lingers over minimum wage in Missouri.
October 9, 2007... Byline: Kelly Wiese Having run out of chances to get a multimillion-dollar problem with the new minimum wage law fixed at the Capitol, Missouri firefighters and municipal officials are pinning their hopes on the courts. This spring they...

Case may change kidnapping law in Missouri.
October 10, 2007... Byline: Kelly Wiese Franklin County Prosecutor Robert Parks wished a tougher sentencing law had been available as he worked with other prosecutors on the case against Michael Devlin. Now, as Devlin has pleaded guilty to several crimes in...

Devlin pleads guilty to 71 more counts in St. Louis County court.
October 10, 2007... Byline: Allison Retka The state of Missouri's case against admitted child abductor and abuser Michael Devlin ended Tuesday afternoon with a scathing glare from the mother of one of the victims. Pam Akers, the mother of Shawn Hornbeck, the...

Missouri secretary of state clears anti-stem cell measure for signature collecting.
October 11, 2007... Byline: Kelly Wiese A group working to undo the main thrust of an amendment protecting embryonic stem cell research has the green light to start collecting signatures, the secretary of state's office said Wednesday. The group, Cures...

77-year-old fights her way to Missouri Supreme Court.
October 11, 2007... Byline: Donna Walter Standing at an umbrella-covered desk in her junk-strewn salvage yard, Opal Henderson seems as determined as ever to hang onto the property the city of St. Louis wants to condemn in the name of redevelopment. The...

St. Louis County Councilman Kurt S. Odenwald named to Missouri Court of Appeals Eastern District.
October 11, 2007... Byline: Donna Walter Gov. Matt Blunt named former St. Louis County Councilman Kurt S. Odenwald to the Missouri Court of Appeals Eastern District, on Wednesday. Odenwald expects to join the court at the beginning of November. Blunt chose...

Devlin faces final charges of creating child pornography.
October 11, 2007... Byline: Allison Retka Although he pleaded guilty Wednesday to six counts of producing child pornography and transporting a minor for sex, Michael Devlin will not be sentenced on his federal criminal charges until late December. When he...

U.S. Supreme Court lets stand victory for protesters.
October 11, 2007... Byline: Kelly Wiese Anti-war protesters who want to share their message at an air show in Columbia can let their ideas take flight without worry. The U.S. Supreme Court this week denied a request to hear an appeal from a group that runs...

U.S. Attorney Catherine Hanaway says she won't run for Missouri AG.
October 12, 2007... Byline: Charles Emerick U.S. Attorney Catherine Hanaway ended any speculation that she might run for Missouri attorney general next year. Hanaway, who has held the federal position in the Eastern District of Missouri since July 2005,...

Ex St. Louis fire chief claims ouster was discriminatory.
October 12, 2007... Byline: Kelly Wiese The man removed as fire chief of St. Louis claimed Thursday that his removal was illegal and Mayor Francis Slay and other city officials engaged in racial discrimination. Sherman George was demoted to deputy fire chief...

Eminent domain case before Missouri Supreme Court hinges on evidence of fraud, bad faith.
October 12, 2007... Byline: Donna Walter A battle that has been brewing in downtown St. Louis found its way to the state Supreme Court on Thursday. There, attorneys for St. Louis' land clearance authority and the owner of a junkyard they're trying to relocate...

St. Louis jury awards former engineer $760,000 for injuries.
October 12, 2007... Byline: James Goodwin A St. Louis jury this week awarded a former Union Pacific railroad employee more than $760,000 for injuries he sustained in a 2003 work accident, according to his attorney. Steve H. Lowery was working as a locomotive...

After federal court ruling on child endangerment, Missouri lawmakers consider changing law.
October 15, 2007... Byline: Kelly Wiese A federal court recently ruled that a woman could not be charged with child endangerment for using illegal drugs during pregnancy. Now a public defender is trying to get charges dropped in another case, and legislators...

Former St. Louis public defender Eric Affholter receives year of probation.
October 15, 2007... Byline: Donna Walter Former St. Louis public defender Eric Affholter was sentenced Friday in federal court to one year of probation and ordered to pay a $2,000 fine for conspiracy to commit marriage fraud. The sentence of probation, which...

Supreme Court mulls administrative rule.
October 15, 2007... Byline: Chris Blank The state's Supreme Court judges considered Friday how to interpret their own rules while state and federal officials warned that a lower court's ruling could make future administrative hearings more expensive and...

Sentencing delayed for admitted embezzler.
October 15, 2007... Byline: Donna Walter Sentencing for a woman who pleaded guilty of embezzling from nursing home residents was postponed Friday for two weeks so her attorney can obtain and review her medical file. Marie Allen, 54, pleaded guilty of bank...

St. Louis Circuit Court awards online gaming site $1.5M.
October 16, 2007... Byline: Allison Retka An online gaming site hit the jackpot with a $1.5 million judgment against a bankrupt St. Louis media company earlier this month, but the Detroit-based Internet company has yet to see a payout. St. Louis Circuit Judge...

St. Charles County Circuit judge mulls manslaughter in infant's death.
October 16, 2007... Byline: Kelly Wiese A judge raised questions Monday about whether the case can proceed against a mother accused of drinking so much alcohol that her child was pronounced dead minutes after her premature birth. St. Charles County Circuit...

Public defender system in Missouri weeks from turning away cases.
October 16, 2007... Byline: St. Louis Daily Record Staff Despite a vote by the state Public Defenders Commission in late September to set up a process for overworked offices to reject new cases, it could be several more weeks before defenders see any relief....

MLB strikes out; fantasy league wins in 8th U.S. Circuit Court of Appeals.
October 17, 2007... Byline: Donna Walter Businesses catering to fantasy-sports fans may continue selling statistics and using the names of professional athletes to do so, the 8th U.S. Circuit Court of Appeals said Tuesday. In a 2-1 decision, the St....

Soldier convicted of killing St. Charles native seeks new trial.
October 17, 2007... Byline: Donna Walter Lawyers for a man convicted of murdering a fellow soldier from St. Charles asked the Georgia Supreme Court last week to grant their client a new trial. The defendant, Mario Navarrete, and three other soldiers were...

St. Louis law firms announce new hires: October 17, 2007.
October 17, 2007... Byline: St. Louis Daily Record Staff Litigation firm Foley & Mansfield has hired John H. Bornhofen as an associate in its St. Louis office. Bornhofen practices in the toxic torts and mass litigation group. Before he joined Foley &...

Cross-border courtroom for Chesterfield resident and former Blues hockey player Rob Ramage.
October 18, 2007... Byline: Allison Retka Less than a month after he was convicted of drunken driving in a Canadian court, Chesterfield resident and former Blues hockey player Rob Ramage will face a civil trial in St. Louis County. Ramage's case in the...

Lawyers say Edward D. Jones work worth $27 million.
October 18, 2007... Byline: Heather Cole Plaintiffs' attorneys have spent nearly $740,000 -- and more than 28,500 hours of attorney and paralegal time -- pursuing securities class-action lawsuits against Edward D. Jones & Co. For that, their law firms should...

Cole County Circuit Court judge finds state of Missouri meets school funding threshold.
October 18, 2007... Byline: Kelly Wiese A judge closed the door Wednesday on the last hope school districts had to obtain more money through a lawsuit against the state. But the court fight is likely far from over. Cole County Circuit Judge Richard Callahan...

Missouri circuit judge allows case to proceed against drunken mother.
October 18, 2007... Byline: Kelly Wiese A circuit judge on Wednesday allowed a case to proceed against a woman accused of causing her newborn's death by drinking too much. St. Charles County Public Defender Richard Scheibe argued earlier this week that the...

Affirmative action in the eye of the beholder: Proposed amendment runs into a snag in Missouri.
October 19, 2007... Byline: Chris Blank A state-by-state campaign to bar racial, ethnic and gender preferences by state governments has sailed through four states from Washington to Florida. But an effort to chalk up five more states come November 2008 has...

'Gallows humor' gone wrong: Noose hanging in St. Louis court bldg. not first racial incident.
October 19, 2007... Byline: Allison Retka The noose hanging in the basement of the Civil Courts Building in downtown St. Louis was not the first racial incident two black sheriff's deputies had experienced at work -- but they had hoped it would be the last....

Allstate settles $1.2 million Jackson County case.
October 19, 2007... Byline: Charles Emerick Allstate Insurance Co. brought some resolution to a Jackson County case that the suburban Chicago company has taken all the way to the Missouri Supreme Court. The company agreed during court-ordered mediation last...

$127.5 million Edward Jones settlement hits its final stride.
October 19, 2007... Byline: Heather Cole The Edward D. Jones & Co. securities class-action road show had its final appearance Thursday as 14 lawyers brought a $127.5 million settlement to two judges for their blessings. U.S. District Court Judge Henry Autrey...

U.S. District Court judge delays Nathan Cooper sentencing until November.
October 19, 2007... Byline: Kelly Wiese Sentencing for a former legislator and immigration attorney has been pushed back until November. Nathan Cooper, a Cape Girardeau Republican, was to have been sentenced today after pleading guilty in August to two...

Canvas custody battle ends.
October 20, 2007... Byline: Allison Retka A state appeals court has ended a Ladue man's legal battle to win back eight pieces of expensive art taken from his residence in 2004. The court ruled earlier this month that real estate agent Stuart Slavin could not...

Become a great attorney by gathering knowledge.(Reprint)
October 20, 2007... Byline: Langston D. McFadden RALEIGH, N.C. -- After three long years of law school, two grueling months of bar study, a rigorous and unforgiving bar exam and a joyous swearing-in ceremony, you are now ready to become a great attorney,...

Affirmative action in the eye of the beholder.
October 20, 2007... Byline: Chris Blank A state-by-state campaign to bar racial, ethnic and gender preferences by state governments has sailed through four states from Washington to Florida. But an effort to chalk up five more states come November 2008 has...

$127.5 million Edward Jones settlement hits its final stride.
October 20, 2007... Byline: Heather Cole The Edward D. Jones & Co. securities class-action road show had its final appearance Thursday as 14 lawyers brought a $127.5 million settlement to two judges for their blessings. U.S. District Court Judge Henry Autrey...

Affirmative action in the eye of the beholder.
October 20, 2007... Byline: Chris Blank A state-by-state campaign to bar racial, ethnic and gender preferences by state governments has sailed through four states from Washington to Florida. But an effort to chalk up five more states come November 2008 has...

Missouri law firms take the lead in organic milk labeling.
October 22, 2007... Byline: Kelly Wiese Two St. Louis law firms are taking the lead in federal lawsuits claiming a Colorado-based dairy farm is illegally labeling its milk as organic. The basic premise in both suits, with more being filed around the country,...

Missouri appeals court puts end to art theft legal battle.
October 22, 2007... Byline: Allison Retka A state appeals court has ended a Ladue man's legal battle to win back eight pieces of expensive art taken from his residence in 2004. The court ruled earlier this month that real estate agent Stuart Slavin could not...

Mo. Court of Appeals, Eastern District ends canvas custody battle.
October 22, 2007... Byline: Allison Retka A state appeals court has ended a Ladue man's legal battle to win back eight pieces of expensive art taken from his residence in 2004. The court ruled earlier this month that real estate agent Stuart Slavin could not...

Lawyers pony up in Missouri attorney general contest.
October 23, 2007... Byline: Scott Lauck Sen. Chris Koster has hardly been lagging in raising money for his presumed bid for Missouri attorney general, but until recently he hadn't gotten the state's legal community on his side. As of last week, that's...

Some seeing red over blood sample standard in Missouri.
October 23, 2007... Byline: Kelly Wiese Missouri has changed the rules for police collecting blood samples, and some defense attorneys worry the new standard allowing use of an alcohol swab could invalidate results and harm their clients. Missouri legislators...

Local Bryan Cave partner in St. Louis heads firmwide committee.
October 23, 2007... Byline: Allison Retka A St. Louis attorney with Bryan Cave has been named to a new partner position that will manage nonlawyer staff members at the firm's 17 U.S. and international offices. Frank P. Wolff Jr. has already started his job as...

Mo.-based Lawyers and Accountants for the Arts offers nonprofit services.
October 24, 2007... Byline: Allison Retka When a hostile gallery owner refused to relinquish four of artist Diane Garcia's oil paintings last year, the dispute affected not only her portfolio but also her pocketbook. "Artwork isn't something you can cough...

First female judge in St. Louis County dies.
October 25, 2007... Byline: Allison Retka Ann Quill Niederlander, who in 1978 became the first female judge in greater St. Louis, died Tuesday in Amherst, Mass. She was 92. Known for her passion and independence, Niederlander blazed a trail for women judges...

Fitness chain sued by franchisees in St. Louis County Circuit Court.
October 25, 2007... Byline: Kelly Wiese Dozens of people across the country who bought franchises in a women's fitness chain are suing the company, claiming it understated the costs to operate a gym and did not help franchisees as promised. The lead...

Janitorial firm sues Missouri governor over cancelled contract.
October 26, 2007... Byline: Kelly Wiese A former state contractor sued Gov. Matt Blunt on Thursday, alleging he encroached on federal authority in booting the company for using illegal workers. The African native and U.S. citizen, K. Asamoah-Boadu, also...

Starting salaries for legal professionals to rise 4.2 percent.
October 26, 2007... Byline: Donna Walter Average starting salaries for legal professionals are expected to rise 4.2 percent, according to a national legal staffing firm. The largest increase is expected for first-year associates at large law firms and...

Reprimands urged for loans to K.C. judge.
October 29, 2007... Byline: Kelly Wiese A legal disciplinary hearing panel has called for four Kansas City lawyers to be publicly reprimanded after loaning money to a municipal judge. Deborah Neal used to be a Kansas City Municipal Court judge. Neal was...

Woman gets maximum sentence for embezzling from Cardinal Ritter Institute.
October 29, 2007... Byline: Donna Walter A woman who pleaded guilty of embezzling from nursing home residents was sentenced Friday to two years in prison and ordered to pay $108,000 in restitution to the St. Louis Archdiocese. Marie Allen, 55, pleaded guilty...

American Bar Association calls for a nationwide stop to executions.
October 30, 2007... Byline: Allison Retka After finding major flaws in the capital punishment systems in eight states, the American Bar Association on Monday called for a nationwide stop to executions. Missouri -- where 45 men await execution -- was not one...

Settlement approved in St. Louis Circuit Court in Edward Jones case.
October 30, 2007... Byline: Heather Cole More than a year after the agreement was signed, a St. Louis judge finalized a $127.5 million settlement of nine securities class-action lawsuits against Edward D. Jones & Co. St. Louis Circuit Court Judge Margaret...

Office of Chief Disciplinary Counsel asked Missouri Supreme Court to shelve law license.
October 30, 2007... Byline: Donna Walter The Office of Chief Disciplinary Counsel on Friday asked the Missouri Supreme Court to suspend the law license of former St. Louis public defender Eric Affholter. The request comes two weeks after a federal court...

Missouri Lawyers in the News: October 30, 2007.
October 30, 2007... Byline: St. Louis Daily Record Staff Bryan Cave has appointed Tina L. Harris as the firm's first chief diversity officer. Harris will be based in Bryan Cave's Kansas City office but will spend significant time in each of the firm's offices...

Missouri Supreme Court nixes defenders' relief plan.
October 31, 2007... Byline: Kelly Wiese The Supreme Court ruled against the state public defender's system Tuesday, upholding trial judges' appointment of public defenders in cases where private attorneys had withdrawn. The state's highest court in May had...

U.S. Cellular settles with cities, $6.7 million to be divided among 228 Mo. cities.
October 31, 2007... Byline: Allison Retka Missouri cities locked in litigation with six cell phone companies settled their disputes with U.S. Cellular on Tuesday for about $6.7 million in back taxes and fees. The deal is dwarfed by the $30 million settlement...

Mo. Supreme Court tosses sentence for man convicted for nonsupport of child that isn't his.
October 31, 2007... Byline: Donna Walter In a 5-2 decision, the Missouri Supreme Court tossed out the conviction of a man sentenced to 28 days in the Buchanan County Jail for failure to pay child support for a child that isn't his. David Salazar married...

Kansas City woman says race played role in traffic stop.
October 31, 2007... Byline: St. Louis Daily Record Staff A Kansas City woman said race was a factor in the treatment she received during a July traffic stop in Independence. In her lawsuit filed on Monday, Yvette Hayes claimed she and her children have...

Missouri Court of Appeals' Western District disposes of novel theory.
October 31, 2007... Byline: Charles Emerick A convicted murderer's appeal that he was wrongly denied a post-conviction competency proceeding was turned down by an appellate panel on Tuesday. In part of his request to the Missouri Court of Appeals' Western...

St. Louis-based Armstrong Teasdale hires mayor, elections official.
October 31, 2007... Byline: St. Louis Daily Record Staff Armstrong Teasdale has recruited the mayor of Chesterfield and the head of the St. Louis County Board of Election Commissioners to the firm's real estate and public law and finance practice....

Missouri Supreme Court reprimands attorneys for loan to judge.
October 31, 2007... Byline: St. Louis Daily Record Staff The Missouri Supreme Court on Tuesday issued public reprimands for four Kansas City lawyers who loaned money to a municipal judge. The attorneys, Salvatore J. Mirabile, Vincent M. Esposito, John M. Quinn...