The attorney general's decision to subpoena Deseret News reporter Pat Reavy in connection with the Jan. 5 shooting death of Millard County Sheriff's Deputy Josie Greathouse Fox is a case of misplaced frustration, according to an attorney seeking to quash the subpoena on behalf of the Deseret News , The Salt Lake Tribune and other news media. At issue is a Jan. 20 story Reavy wrote after obtaining a search warrant issued to Salt Lake City police in their efforts to locate two suspects in the shooting after they fled Millard County. Police released the search warrant -- which revealed new information about the man suspected in the shooting, Roberto Miramontes Roman -- after Reavy filed a Government Records Access Management Act request. Now prosecutors want to question Reavy about "his decision to publish the contents of our sealed search warrant ..." according to a March 17 e-mail from Assistant Utah Attorney General Pat Nolan to media attorney Jeffrey Hunt.
Wednesday, March 31, 2010
Media Fight Reporter's Subpoena in Deputy Shooting Case
Monday, March 29, 2010
20 Doctors Subpoenaed in Corey Haim Death Probe
The Los Angeles County coroner's office has subpoenaed medical records from 20 doctors in its investigation into actor Corey Haim's death, a coroner investigator said.
Haim, who died earlier this month, obtained drugs using prescriptions written under the names of these doctors in the past year, Los Angeles County Deputy Coroner Ed Winter told CNN Friday.
California drug investigators found evidence that Haim, who fought a decades-long battle with drug abuse, used at least one fake prescription to obtain a narcotic in the months before he died, Attorney General Jerry Brown said last week.
The coroner is waiting for toxicology results before deciding if drugs were involved in the death of the 1980s teen movie actor, Winter said. Those test results are several weeks away, Winter said.
Read more here and don't forget to check out and subscribe to our free monthly newsletter, The Serve Report for news, upcoming events, and more!
Friday, March 26, 2010
Subpoenas possible in Analysis of Pittsburgh Snowstorm Response
A Pittsburgh councilwoman said Wednesday she may try to subpoena some city officials to discuss the cleanup of last month's snowstorms. Councilwoman Natalia Rudiak is awaiting responses from Public Safety Director Michael Huss, Fire Chief Darryl Jones and Ray DeMichiei, deputy director of emergency management, about attending one-on-one meetings with the task force she oversees to review the snow cleanup. EMS Chief Robert McCaughan has declined his invitation to meet with the task force, Rudiak said. "I was told that Huss directed them not to attend," said Rudiak, who represents Beechview, Bon Air, Brookline Carrick and Overbrook. "It's frustrating. ... The point is not to play to the blame game, be overtly political, or have a witch hunt."
Thursday, March 25, 2010
NYC Council to Update Process Servering Laws, Reduces "Sewer Service"
NEW YORK (WABC) -- Ulrick Chatelain, 74, of Washington Heights says all of his bank accounts were frozen, but he didn't know why. Turns out, a former landlord had sued him and won a judgment in civil court.Problem was Chatelain was never notified about the lawsuit. New York City Council will vote on legislation on Thursday to stop so-called "sewer service" -- the deliberate failure by process servers to notify a person about a pending lawsuit.Among the new regulations, process servers will now be required to pass an exam for proper service. Servers will also be required to use an electronic tracking device such as GPS to prove when and where a person was notified.
Wednesday, March 24, 2010
The Electronic Turn in Criminal Subpoenas
Companies served with a criminal subpoena often face a challenging dilemma. With hundreds of gigabytes, or even a few terabytes, of electronically stored information on their servers and employees' hard drives, how do they ensure an adequate response to the subpoena without their electronic discovery costs spiraling out of control? In the civil context, parties are encouraged to meet, confer, and cooperate in the selection of key words or other search methodologies. In a criminal investigation, however, no parallel system exists. Strict compliance with a subpoena seeking ESI may be extraordinarily burdensome and unreasonable both in time and expense. While a subpoenaed company may correctly believe that conducting highly targeted searches would result in its producing documents directly relevant to the government's investigation, the company is often at risk as to whether the protocols it employs may later be deemed by a prosecutor or regulator to be insufficient. The consequences could range from a motion to compel compliance with the subpoena to actual charges of obstruction of justice.
Tuesday, March 23, 2010
13 Attorneys General Sue Over Health Care Overhaul
TALLAHASSEE, Fla. — Attorneys general from 13 states sued the federal government Tuesday, claiming the landmark health care overhaul bill is unconstitutional just seven minutes after President Barack Obama signed it into law. The lawsuit was filed in Pensacola after the Democratic president signed the bill the House passed Sunday night. "The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage," the lawsuit says. Legal experts say it has little chance of succeeding because, under the Constitution, federal laws trump state laws. Florida Attorney General Bill McCollum is taking the lead and is joined by attorneys general from South Carolina, Nebraska, Texas, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Idaho, Washington, Colorado and Louisiana. All are Republicans except James "Buddy" Caldwell of Louisiana, who is a Democrat.
Monday, March 22, 2010
Grand Jury Subpoenas Issued in Sen. Ensign Probe
A federal grand jury reportedly has issued subpoenas in a probe of Sen. John Ensign of Nevada, who has been under scrutiny for his efforts to find lobbying work for the husband of his former mistress.
According to one subpoena obtained by a Las Vegas television station, recipients were ordered to testify March 31 in Washington, D.C., and to turn over documents relating to the Republican senator.
TV station KLAS reported Thursday that the subpoenas went to six unnamed Las Vegas businesses. One of the subpoenas posted on the station's Web site blacks out the recipient's identity.
Ensign's affair and the legal problems it has engendered have derailed talk that he might make a run for the Republican presidential nomination in 2012 and forced him to resign his position as chairman of the Senate Republican Policy Committee.
Asked about the subpoenas, Ensign's spokeswoman Rebecca Fisher, said, "Sen. Ensign is confident he has complied with all ethics rules and laws and will cooperate with any official inquiries."
The FBI and Senate Ethics Committee are investigating whether Ensign tried to limit political damage from an affair he had with the wife of one of his Senate aides by conspiring to help the aide find a new job as a lobbyist, which might have violated restrictions on lobbying by former congressional staff.
Read more here
Friday, March 19, 2010
Ivanka Trump's "Obsessed" Alleged Stalker Arrested in Reno
RENO, Nev. (CBS/AP) Ivanka Trump's alleged "obsessed" internet stalker was arrested in Reno Tuesday. Justin Massler, a 27-year-old from Reno, had a New York warrant out for his arrest alleging he used the internet to stalk Donald Trump's daughter. Massler described himself in a blog posting as "a celebrity stalker who is obsessed with Ivanka Trump" and has a longing to see her. "He has been doing postings all over the Internet. (He has done) nothing physical or face to face," Reno police Lt. Mike Whan told The Associated Press. His mother, Randee Massler of Reno, said he has a history of mental illness.
Thursday, March 18, 2010
Aide to Governor Patterson is Said to Ignore Subpoena
ALBANY — A senior aide to Gov. David A. Paterson failed to respond to a subpoena from a state ethics commission requiring him to testify about his role in obtaining World Series tickets last year from the Yankees for Mr. Paterson and others who attended a game with the governor, the commission’s chairman said in a statement issued on Tuesday. The aide, David W. Johnson, was ordered to testify before the Commission on Public Integrity in a subpoena given to a Paterson administration lawyer on Feb. 24, one week before the commission issued a report finding that Mr. Paterson had violated state ethics laws by accepting the tickets and had lied under oath when he told the commission that he had intended to pay for them. Read more here and be sure to check out and subscribe to our free monthly newsletter, The Serve Report for more news and upcoming events!
Wednesday, March 17, 2010
Gretchen Rossi Served With Legal Papers - In The Middle Of A Fashion Show
Gretchen Rossi was served with legal papers in the middle of a fashion show, RadarOnline.com has learned exclusively.
Gretchen’s ex lover Jay Photoglou had the Real Housewives of Orange County star served at The Grove in Los Angeles just days ago. He had been trying to serve her for days before that, but was unsuccessful as Gretchen proved elusive!
“She wasn’t easy to serve, but she’s been served,” Jay told RadarOnline.com. “I’m looking forward to going to court.”
Jay and Gretchen have had a long-running battle over their previous romantic relationship, with Gretchen, at times, denying they were involved.
Photoglou filed a lawsuit against the blonde beauty for libel, slander and five other counts on January 29. The lawsuit further claims that Rossi was “intimately involved with Photoglou the entire time the show filmed Rossi’s first season,” and charges her with hurting his reputation by calling him a liar, a drunk and a thief.
Read more hereMonday, March 15, 2010
Court Orders Frozen Food Giant Schwan’s to Comply with EEOC Subpoena in Sex Bias Case
In a ruling issued late on March 8, 2010, Magistrate Judge Janie S. Mayeron of U.S. District Court for the District of Minnesota ordered the Minnesota-based frozen food delivery company Schwan’s Home Service to comply with a federal government subpoena by March 29, 2010. The subpoena, issued by the U.S. Equal Employment Opportunity Commission (EEOC) pursuant to an investigation of a charge of sex discrimination filed by former Schwan’s employee Kim Milliren, seeks personnel information about persons employed as general managers at Schwan’s facilities nationwide from January 1, 2006 to the present.
The EEOC filed its subpoena enforcement proceeding on October 5, 2009 (EEOC v. Schwan’s Home Service, Misc. Case No. 09-84 (JRT/JSM)) after first giving Schwan’s several opportunities to provide the requested information voluntarily, which would have allowed the investigation to remain confidential. In opposing the EEOC’s enforcement of the subpoena, Schwan’s accused the EEOC of pursuing a “fishing expedition” and suggested that the EEOC may be engaging in misconduct.
On July 3, 2007, the EEOC’s Minneapolis Area Office received a charge filed under Title VII by Milliren, alleging that she was discriminated against on the basis of gender and subjected to sexual harassment and retaliation during her employment with Schwan’s Home Service. Milliren was selected to participate in Schwan’s General Manager Development Program, a training program that trains candidates to be location general managers at its warehouse depots throughout the country. Since that time, the EEOC has been investigating whether Milliren and other women were subjected to sex discrimination in the General Manager Development Program.
Read more here
Friday, March 12, 2010
Subpoenaed Kansas Reporter Loses Job
A Kansas reporter who previously fought to keep a confidential source from local prosecutors has now lost her job.
Reporter Claire O’Brien was terminated last week from her position at the Dodge City Daily Globe after a subpoena battle last month that ended when a criminal defendant accepted a plea deal. County prosecutors had been seeking testimony about O’Brien’s interview with the defendant and the identity of a source she quoted in her story about the case.
The company that owns the Globe, GateHouse Media, and O’Brien appealed the subpoena up to the Kansas Supreme Court and lost. After O’Brien was held in contempt for failing to appear in court, which she said today was “a stupid mistake,” the confidential source revealed his identity to the prosecutors, which allowed her to not testify about him in a private court proceeding known as an inquisition.
O'Brien testified with an independent attorney about her interview with the defendant and said she basically corroborated the information that had already been published.
Read more hereWednesday, March 10, 2010
Subpoena Bill Passes Over Bipartisan Opposition
The Utah Senate lent its support this morning to a bill giving new subpoena powers to prosecutors in child kidnapping and stalking cases. It allows them to demand the personal and financial information of suspects from Internet and telephone providers without needing a warrant. Republican Senator John Valentine, an attorney, said he opposed the bill at first, but now supports it.
“…because it is a balance between the rights of privacy, those constitutional rights that have been guaranteed by the courts, and the need to expeditiously find where your child is,” he said.
Proponents of the legislation believe prosecutors and the Attorney General need a new tool to find out who’s behind the cloak of anonymity the Internet provides. But it’s opposed by a wide variety of people, ranging from XMission President Pete Ashdown to leaders of the Sutherland Institute, who believe it’s an unconstitutional invasion of privacy.
Senate Minority Whip Ross Romero fears the bill could lead to abuses. As an attorney himself, he said it isn’t too much to ask for prosecutors to get a warrant.
Read more here
Monday, March 08, 2010
700 High School Student's Records Subpoenaed After Grade Tampering Scheme
POTOMAC, Md. - A high school principal will be front and center at a community meeting Monday night after students were allegedly involved in a grade tampering scheme. Churchill High School Principal Joan Benz says the purpose of the meeting will be to update the community on the status of the investigation and provide information on what security measures are being taken to protect student data. At least eight students are under scrutiny, suspected of stealing teachers' passwords to change the grades of 54 students. Nearly 700 student records have been subpoenaed. Montgomery County School Board President Pat O'Neill says she couldn't remember another cheating scandal this "widespread."
Wednesday, March 03, 2010
Jay-Z & Russell Simmons Subpoenaed Over Racetrack/Casino Bids
According to published reports, subpoenas were issued yesterday (March 2) by the state's Inspector General's Office, which is working with the US Attorney's office as part of a federal investigation into the Aqueduct Racetrack.
Jay-Z, Russell Simmons and The Reverend Floyd Flake are expected to be among the first twelve served in the month long investigation which accuses Gov. Paterson of awarding the contract to AEG in order to gain political support from the company's investors.
Jay-Z and Rev. Flake, who's relationship with Gov. Paterson has come under fire over the past few weeks, are expected to explain how the multi-billion dollar deal actually transpired; although many are claiming Jay-Z and Flake's group Aqueduct Entertainment Group (AEG) were awarded a contract to operate 4,000 video slot machines to the Aqueduct racino based on their relationship with Gov. Paterson.
Monday, March 01, 2010
Council Seeks to Crack Down on Process Servers Who Lie
In a proposal aimed at unscrupulous debt collectors, the City Council is considering legislation that would require process servers to use global positioning systems to show that they have actually visited consumers’ homes or workplaces to deliver notices of collection proceedings.
Lawmakers hope the measure will help curb a long-running practice known in legal circles as “sewer service,” which occurs when process servers fail to serve court papers on defendants but file affidavits swearing that they did so — which allows the cases to proceed.
The victims are often debtors involved in collection suits. When they fail to show up in court they are hit with default judgments, often for thousands of dollars.
The bill would require process servers in New York City to electronically record every instance in which they serve or try to serve someone, using a global positioning system that would pinpoint their exact location.
Advocates for consumers say that sewer service has grown in recent years because of the recession and an increase in the number of collection firms that buy bad debts from credit card companies for pennies on the dollar and then seek to collect them.
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