Catholic Worker co-founder charged with soliciting sex Oct 25, 2007
"Local police say they had received two complaints of inappropriate behavior concerning Niece over the years, but neither warranted any charges."Both these cases were thoroughly investigated in 2003 and 2005 and there was not enough evidence to support a prosecution," said Half Moon Bay Police Chief Don O'Keefe. "It was a matter of talking, there was no overt act ... If it was just a matter of talking on the phone and not showing up, that would have been one thing," said O'Keefe. "But him... (Half Moon Bay Review, CA)
Kidnap or misunderstanding? Oct 20, 2007
"Detectives determined there was no overt act to attempt to seduce or unlawfully take the girl, and it could not be determined if the woman was actually calling to the 9-year-old student," police said in a statement. E-mail Henry K. Lee at. (San Francisco Chronicle -- Crime)
Better watch where you shine that spotlight Sep 30, 2007
To be charged with that, Adcock said, a person must have been observed committing an overt act consistent with the hunting of deer at night. Such observation of an overt act includes, but is not limited to, witnessing the discharge of a weapon capable of killing a deer, hearing the shot, seeing the person in possession of a recently killed deer that could not have been killed during legal hours, or witnessing the person committing any acts consistent with headlighting deer. (The Clarion-Ledger)
It's time to kick your chatty cleaner to the curb Sep 26, 2007
But that seems unnecessarily collusive with the adulterous husband, and also an overt act of betrayal of the wife, who, as you say, signs her cheques. Why bite the hand that feeds you. (Globe and Mail)
9th Circuit reverses several pretrial rulings in W.R. Grace casePosted on Sept. 20 Sep 21, 2007
He said the government failed to allege the defendants committed an overt act to knowingly endanger others within the five-year statute of limitations that began in 1999 ... "The district court dismissed the knowing endangerment object in the original indictment as 'time-barred' because it failed to allege an overt act within the statue of limitations, not because the indictment was untimely filed," the three-judge panel wrote. (Missoulian, MT)
The Petraeus-Crocker Testimony Sep 13, 2007
By the same article of the Constitution, no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. General Petraeus has served this country for over 35 years with honor, distinction, and integrity. (Human Events Online)
PLANS VIDEO FOR 9/11... Sep 7, 2007
Roosevelt's administration had no clue that The Japanese were going to commit such an overt act of war (Pearl Harbor). Kennedy had the Bay of Pigs. (The Drudge Report)
Judge orders WSI trial Aug 30, 2007
"The fact that a disclosure may have occurred in this case is irrelevant. It is the agreement and the commission of an overt act that are at issue.". Hoffman's brief contended that WSIinvestigators, according to testimony of WSIinvestigator Todd Flanigan, did not show driver's license photos in the photo lineup, which was alleged to contain photos obtained from driver's licenses through a Department of Transportation agreement, as well as photos from the agency's intranet. (Bismarck Tribune, ND)
Man on trial again over 1971 crime he already served time for Aug 21, 2007
But prosecutors say they can now prove the shooting was an "overt act" in a broader conspiracy to kill officers ... Aside from the shooting of Officer Lawrence Heap, for which he served time, O'Neal is not named in any of 10 other "overt acts" in the alleged conspiracy, including the murders of two New York City police officers in 1971 and the bombing of a church during the funeral of a San Francisco officer in 1970. (San Francisco Chronicle)
Raina: Selective Justice India Aug 8, 2007
The UPA government needs to realize that selective justice may bring relief to a section of the population, but, if such justice is denied to other sections, such a course can only the more justly and forcefully dub it communal than any overt act of commission. It is now generally recognized that Indian Muslims are poised on a threshold moment; with each day their willingness to participate in constructive measures to accord them due rights and opportunities as equal citizens becomes more... (Zmag.org)
For love of lighthouses Aug 5, 2007
The act is considered the first overt act of the Revolutionary War. Whaleback Lighthouse. (Seacoast New Hampshire)
Auroran faces 34 child porn charges Aug 3, 2007
Friday 03 August, 2007. "If you could imagine it, not that you'd want to, it was there: sexual conduct, sexual intercourse, sado-masochism ... even children who were blindfolded and wearing dog collars," said Indiana State Police Detective Tom Baxter, a 20-year ISP veteran, who filed the affidavit in Dearborn Superior Court II, Lawrenceburg. (Aurora Journal Press, IN)
Street: What is Racism? Aug 2, 2007
The first consists of overt acts by individuals, which cause death, injury or the violent destruction of property ... When a black family moves into a home in a white neighborhood and is stoned, burned or routed out, they are victims of an overt act of individual racism which many people will condemnat least in words. (Zmag.org)
Security steps up during Marian Days Festival Aug 1, 2007
Barksdale said law enforcement had dealt with threats against the brothers in the 1970s and 1980s due to the Vietnam War, but this was the most overt act. Maybe because of the security implemented to protect the brothers and eventually the festival goers, or coincidentally, the event has grown. (Carthage Press, MO)
Hedge fund tried to sway gas prices, regulator says Jul 26, 2007
The commission is seeking $130,000 for every "overt act" that violates trading laws, said Mocek. The CFTC failed to show "that prices during the period of time discussed in the complaint were even affected by Mr. Hunter's trading," said the statement from Kim, Hunter's attorney. (Boston Globe -- Business)
Legal and moral cloud still shadows Mahony Jul 17, 2007
Even if alleged molestations occurred long ago, a conspiracy can be charged if one overt act such as destroying a piece of evidence or soliciting someone's silence took place in the last three years. "If you managed to keep the crime secret along with others, you may be free from being prosecuted from the crime itself, but you may be prosecuted for conspiracy the conspiracy of concealment," said UC Davis law professor Diane Marie Amann, speaking in general terms. (Los Angeles Times)
Don't need PhD to understand 'police' Jul 7, 2007
No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. So much for your lovely definition of treason, Delta Dawn , you f. (Atlanta Journal-Constitution)
Government Outlines Requested Sentence for Scrushy May 26, 2007
" Id. at 55e. Moreover, the indictment specifically charged two payments to the "CON Board Member," separate and apart from the $500,000 paid to Defendant Siegelman. In particular, 56 charges as one overt act a "payment of $3,000" on August 2, 2002, for creating a CON Board quorum for action on a proposed hospital. Further, 56 charges a February 6, 2002, "payment of $8,000" concerning a certain PET scan application as another overt act. At trial, the testimony of Loree Skelton both... (WSJA.com, AL)
We can do better for the nation's homeless citizens May 26, 2007
He wrote that every overt act or failure to act in regard to fellow human beings affects every citizen of the world. Recently in the same Atlanta, a homeless man in a checkered yellow suit lay asleep in a polished stone alcove at the base of the Hyatt Regency on hilly, windswept Baker Street. (Pensacola News Journal)
Balcony fall earns man prison time May 13, 2007
"Do you acknowledge you told police he made some overt act toward you and that you reacted and he was gone?" Connolly asked. "That is true," Lyndon replied. (Shoals TimesDaily)
Lendman: Free Expression May 11, 2007
It states: "Treason against the United States, shall consist only in levying War against them, or in adhering to their enemies, giving them Aid and Comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court." Crimes of treason include. . (Zmag.org)
Giuliani gave to Planned Parenthood... May 8, 2007
"An overt act of giving money shows support for a position. That can't be a mistake or misinterpretation." ... "An overt act of giving money shows support for a position. That can't be a mistake or misinterpretation." No matter what, Rudi believes in Womens Rights and that includes abortion. (The Drudge Report)
Abortion law is upheld Apr 19, 2007
It defines "partial-birth abortion" as a procedure in which the clinician "delivers a living fetus" until part of the fetus is "outside the body of the mother" and then "performs the overt act . . . that kills the partially delivered living fetus.". Need for procedure disputed. (FOX59, IN)
Ruling likely to bring new battles over abortion Apr 19, 2007
The law defines "partial-birth abortion" as a procedure in which the clinician "delivers a living fetus" until part of the fetus is "outside the body of the mother" and then "performs the overt act ... that kills the partially delivered living fetus.". The law allows an exception for cases in which the woman's life is in danger but does not permit doctors to use the procedure because they think a different method would be riskier to the woman's health. (Seattle Times)
Supreme Court upholds federal ban on disputed abortion procedure Apr 19, 2007
Medical textbooks make no mention of "partial-birth abortions,'' according to Vicki Saporta, president of the National Abortion Federation. Doctors say it is a phrase coined by politicians that does not refer to any specific medical procedure. Generally, however, the phrase has been used to refer to surgical abortions performed toward the end of a woman's second trimester of pregnancy, a procedure in which an abortion provider "deliberately and intentionally vaginally delivers a living fetus''... (Rapid City Journal, SD)
Up the river, taxing power, an itchy claim Mar 17, 2007
Agents maintain their covert status after their roles in covert activities are over because. Although nobody intended for Plame to be involved in future covert activities in her career, plans sometimes change ... No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. (Atlanta Journal-Constitution)
Street: Jim Crows Ghosts Mar 2, 2007
The first consists of overt acts by individuals, which cause death, injury or the violent destruction of property ... When a black family moves into a home in a white neighborhood and is stoned, burned or routed out, they are victims of an overt act of individual racism which many people will condemn at least in words. (Zmag.org)
Clinging to life in the bleak hills of West Virginia Feb 20, 2007
An overt act of unhooking someone from a life-sustaining respirator -- and then waiting for her to suffocate -- seemed a far more troubling moral leap. Unable to talk, laboring in a kind of drug haze, hardly able to focus, she tried to write a note. (The Miami Herald)
Texas mulls deadly force as 1st resort Feb 19, 2007
Legislation introduced in Florida last month would remove criminal and civil immunity if an innocent bystander, particularly a child, is injured, and it would define "threat" as an overt act. Copyright. (FOX59, IN)
Texas may OK shooting first in self-defense Feb 18, 2007
Legislation introduced in Florida last month would remove criminal and civil immunity if an innocent bystander, particularly a child, is injured, and it would define "threat" as an overt act. "There are dozens of cases around the country where people say they were acting in self-defense, where it would not even have crossed their lawyers' minds two years ago to claim that," said the Brady Campaign's Ragbourn. (Los Angeles Times)
Cunningham's alleged corruption began earlier than first realized Feb 17, 2007
Court documents from his 2005 plea agreement cite the first overt act of corruption of Cunningham as having occurred in May 2000, when Brent Wilkes, the Poway defense contractor referred to as co-conspirator No. 1 in the documents, allegedly gave him two personal checks totaling 100,000 ... The federal grand jury indictment alleges that Wilkes' first overt acts of corruption began as early as September 1996, when he allegedly paid thousands of dollars in meals for Cunningham at Washington... (North County Times)
Authorities seek person who shot seal Feb 1, 2007
The Marine Mammal Protection Act makes it a misdemeanor to shoot the harp seal in what LaCasse called an "overt act of animal cruelty." The maximum penalty is a year in prison or a $20,000 fine. "Somebody had the malice and audacity to shoot this animal in the head with a shotgun," he said. (The Standard-Times, MA)
Oh, we're just flirting Jan 9, 2007
Flirting is where the woman comes on to you through some overt act. Anything else is not flirting. (Atlanta Journal-Constitution -- Living)
'Dissonance' has a point of view Jan 7, 2007
Federal actions in Virginia on May 24, then, were not so much a pre-emptive strike as the national government's first overt act of aggression in what was becoming a civil war. The second caveat to be considered is Detzer's attribution of the behavior of white Southerners at this time to the all-pervading influence of race and racism upon Southern society. (Fredericksburg Free Lance-Star, VA)
British Cartoon Protester Found Guilty Jan 6, 2007
It s doubtful that this person would have been prosecuted in the USA unless he had also taken some overt act besides the voicing of inciteful comments, but there was a quite clear violation of British law; so the verdict was in accord with the legal system in which the offense was committted. Posted by William O'Connor. (New York Times)
Teen involved in school plot may not face charges Dec 23, 2006
He said a person who pulls outs of a conspiracy prior to the commission of an overt act related to the execution of the plan cannot be found guilty of conspiracy. However, he said the police report could show that Copeland aided and abetted or committed an overt act in planning the attack. (Muscatine Journal, IO)
Informer's fate uncertain Dec 22, 2006
If charges against Copeland are dropped, a lack of any overt action to initiate the attack would be the teen's saving grace. Short said Wednesday that a person who pulls out of a conspiracy prior to the commission of an overt act related to the execution of the plan cannot be found guilty of conspiracy ... He said he was waiting for the sheriff's office to file a complete report, since evidence that Copeland aided and abetted or committed an overt act in the conspiracy could lead to charges... (The Hawk Eye)
Ordodi ruling troubles defense atorney Dec 7, 2006
At issue is whether Ordodi committed an overt act toward robbing the banks, as is required to satisfy the charge of attempted armed robbery. Mere preparation does not constitute an attempt, according to state law. (New Iberia, LA)
John Roberts, Centrist? Dec 7, 2006
3 million abortions performed annually in the United States are D&E procedures, but a much smaller fraction--numbering no more than several thousand--are D&X. The problem is that Congress didn't limit the federal ban to D&X abortions: It forbade any abortions in which the abortion provider "deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech... (Ocnus.net)
Black comedian poster banned for using "Niggas" Nov 15, 2006
The producers of the show complained: "Viacom, in an overt act of censorship, have deemed the title of the show to be too offensive for public tastes and have stated they will only allow posters for the show to be displayed at their sites if the word Niggas is removed from the title.". Reuters 2006. (Reuters.uk)
'Dateline NBC' Sting Raises Questions About Online-Solicitation-of-a-Minor Law Nov 15, 2006
The law is one of the only Texas felonies that doesn't require the state to prove that the defendant committed an "overt act" -- that the person made a move to commit a crime, says Phillip Robertson, a Dallas criminal defense attorney who has represented people accused of online sexual crimes ... "I think you need to have an overt act." ... The act of typing on a computer keyboard is the overt act, he says. (Law.com)
County approves sex offender law Nov 15, 2006
The Supreme Court ruling said officers could "infer" intent without an overt act. For example, Pettingill said, officers could know the subject and "know" they were intent on committing a crime. (North County Times)
Shame on Us All Oct 18, 2006
Any person subject to this chapter who conspires to commit one of the more substantive offenses triable by military commission under this chapter, and who knowingly does any overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission may direct.... (Ocnus.net)
Full Story... Oct 16, 2006
No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The capitalization is antiquated to the 21st century eye, and the phrase id and Comfort has the sound of a legal formula whose meaning we moderns have forgotten. (Appeal Democrat, CA)
Teachers get tips to reduce bullying Oct 16, 2006
Bullying is any overt act by a student or a group of students directed against another student with the intent to ridicule, harass, humiliate or intimidate the other student while on school grounds, on a school bus or at a school-sponsored activity, according to the policy. It must also happen repeatedly to qualify under the law as bullying. (Greenwich Time)
Op-Ed: Is It Treason? Oct 14, 2006
The Constitution makes treason a hard crime to prove: "No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court." To convict Gadahn, the government must catch not just him but two witnesses who can testify to his participation in the videos, unless it can persuade him to confess in open court. Simply introducing the videos would likely not suffice because the Constitution calls for witnesses, not just tangible evidence... (Los Angeles Times)
American al Qaedacharged withtreason Oct 12, 2006
The charge of treason is rarely used because, in order to win a conviction, the Constitution requires testimony from "two witnesses to the same overt act," or a confession. While McNulty would not discuss the evidence against Gadahn in detail, he said prosecutors were "very confident" they could meet the requirement for two witnesses, noting that "a number of individuals" could identify Gadahn as the person speaking in the al Qaeda videos. (Yahoo News -- Osama bin Laden & al-Qaida)
Man charged with treason Oct 12, 2006
Under U.S. law, proving treason requires the testimony of two witnesses who saw the accused perform an "overt act" of treason, or a confession by the accused in court. It's unclear how prosecutors would prove treason in Gadahn's case, if he is caught and tried. (USA Today -- News)
U.S. prosecution of Padilla no slam dunk so far Sep 23, 2006
"Law enforcement often faces the problem of stopping the terrorist before they strike, which means the overt act never happens," Addicott said. "It makes prosecution more difficult, but not impossible.". (The Ledger)
After a surge, US terror prosecutions drop to pre-9/11 levels Sep 5, 2006
For instance, they note that in the indictment, many of those named are not charged with an overt act of giving money to a terrorist organization - just associating with people who did. "These guys have never contributed a dollar to Hizbullah and wouldn't in a thousand years," says James Burdick, who represents Majid Hammoud and his brother. (Christian Science Monitor -- USA)
Witnesses see no link between Barros, violence on Eze Aug 24, 2006
Eze's wife was the only witness to tie any of the supervisors to any overt act against the accountant. In addition to her testimony against Barros, she said her husband at one point told her that Simmons "hit him on the hand with a paper" in front of Stancil. (Herald Sun)
Dropping the T-bomb Aug 20, 2006
Article Three of the U.S. Constitution defines treason as levying war against the United States or "in adhering to their Enemies, giving them Aid and Comfort," and requires the testimony of two witnesses to the same overt act or a confession in open court for conviction. Depending on the circumstances, treason is punishable by death or imprisonment of not less than five years and a fine of no less than $10,000. (Fox News)
Provision thrown out in W.R. Grace case Aug 2, 2006
In his order, Molloy dismissed the knowing endangerment object of the conspiracy portion of the government's case, ruling that the initial indictment failed to allege an overt act n furtherance of the alleged offense before the time limit for making such assertions had lapsed. Molloy wrote that conspiracy requires an overt act to be committed within the limitations period. (Missoulian, MT)
11/7 blasts & collateral damageAddMyLinkImage("/news/181_1752288,0035.htm", "11/7 blasts & collateral damage"); Jul 25, 2006
11/7 blasts teral damage : HindustanTimes. Tuesday, July 25, 2006. (Hindustan Times, India)
W.R. Grace executives again plead not guilty Jul 20, 2006
In a June 8 order, Chief U.S. District Judge Don Molloy dismissed part of the government's case, ruling that the initial indictment failed to allege an overt act, n furtherance of the alleged offense, before the time limit for making such assertions had lapsed. Molloy, in his order last month, wrote that conspiracy requires an overt act to be committed within the limitations period. (Missoulian, MT)
NO JUSTICE AS DA KEEPS HANDS OFF CAR-THIEF WANNABE Jul 18, 2006
By going to Howard Beach with his friends to steal a car, Moore committed the overt act the law requires for a charge of conspiracy to commit larceny. Get a life, Dickey boy - or be accused of reverse racism. (New York Post -- Columists)
FBI Investigates MySpace.com for Quran Shooting Video Jul 12, 2006
"By throwing the bullet-riddled Quran at the mosque, we believe the perpetrators went beyond the limits of free speech by taking part in an overt act of religious intimidation," Iftikhar said. Abdul Raheem Kabah, identified by Hooper as the imam of the Chattanooga mosque, did not immediately respond to calls seeking comment. (FOX29.com, PA)
[extra: Longer version] Jul 8, 2006
The law defines "partial birth abortion" as a procedure in which the doctor "deliberately and intentionally vaginally delivers a living fetus until, in the case of a headfirst presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus." The law also states... (British Medical Journal)
Revised indictment filed in Grace casePosted on July 6 Jul 7, 2006
U.S. District Judge Donald Molloy, in his order last month, wrote that conspiracy requires an "overt act" to be committed within the limitations period. The clock on the five-year statute of limitations began in November 1999, court records have shown. (Missoulian, MT)
'My Kid Is Not A Terrorist' Jun 25, 2006
"Conspiracy law really only demands that you have two people in a rowboat with an agreement of an overt act." ... " Legal analysts say the government's terrorism conspiracy laws give prosecutors broad discretion when it comes to bringing charges. "Conspiracy law really only demands that you have two people in a rowboat with an agreement of an overt act, Ruth Wedgewood, a law professor at Johns Hopkins University told Acosta. (CBS News)
Miami terror arrestsa government provocation Jun 25, 2006
Aside from this loyalty oath solicited by the FBI, only one of the seven defendants is accused of any overt act, outside of driving the FBI informant to meetings. The only action with which this one individual is chargedall else is wordsis taking pictures of the FBI headquarters in Miami. (Asian Tribune)
Defendant blames mother for 3-year-old's death Jun 22, 2006
Cumberland County Coroner Mike Norris concluded that Jackson died from blunt-force trauma to the head and neck, injuries that he attributes to a compilation of incidents rather than a "specific overt act.". The toddler wasn't the only one to suffer Lois Staruh's wrath, Rominger said. (Carlisle Sentinel, PA)
Key portion of charge against W.R. Grace dismissed Jun 14, 2006
The government failed to allege the defendants committed an overt act to knowingly endanger others within the five-year statute of limitations that began in 1999, Molloy decided. Attorneys on both sides declined comment. (Helena Independent Record, MT)
Grace charge blocked by judge Jun 14, 2006
In his decision dated June 8, Molloy wrote that the government's allegation that Grace officials had failed to tell regulators about the extent of the contamination during the five-year period was not the same as an "overt act" to knowingly endanger people. "The knowing endangerment allegation of the conspiracy count will be dismissed," Molloy wrote. (Sunspot.net -- Business)
Online chat costs sgt. his job Jun 1, 2006
Although a law prohibits obscene Internet conversations with a child, "if all we did was arrest people who said something nasty to a minor, we would have hundreds and thousands of cases of nothing but that. We try to pursue more serious cases, when someone is targeting a child or there is some overt act," such as meeting the child or sending pornography, Meadows said. He wasn't surprised that his investigation led him to a law enforcement officer. (Atlanta Journal-Constitution)
