Posts tagged: bench trials
A Spokane white supremacist scheduled to be released from federal prison last month was convicted today in Oklahoma of assaulting another inmate.
Keegan Chance Van Tuyl, 29, likely will be sentenced at least four months from now for the charge of inflicting serious bodily harm against another inmate, a clerk for U.S. District Judge Stephen Friot said today.
Friot convicted Van Tuyl after a brief bench trial today in Oklahoma City.
A grand jury indicted Van Tuyl Sept. 20 for the attack on another inmate at the federal transfer center in Oklahoma City on Dec. 1, 2010.
Van Tuyl punched the inmate several times then stomped his face several times after he fell to the floor, according to the indictment. The incident was captured on surveillance video.
In a letter to The Spokesman-Review, Van Tuyl said the inmate was a sex offender, writing “no good deed goes unpunished.” The victim's criminal convictions could not be independently confirmed.
Van Tuyl recently finished serving a sentencing in maximum security federal prison for violating his probation on a firearms conviction.
Online prison records list him as being released, but he actually was transferred to Oklahoma to face the assault charge.
A member of Van Tuyl's racist group, James D. Bacon, was involved in a similar assault while in custody in Spokane.
YAKIMA, Wash. (AP) — A judge has found a Yakima defense lawyer guilty of stealing phone services from the Yakima County Jail.
Visiting Judge Brian Altman found Kimberly Grijalva guilty Monday of second-degree theft, saying he believed the lawyer knew her free phone privileges were being misused by a housemate and friend. The Yakima Herald-Republic says the theft charge is a felony.
The judge noted the volume of calls — more than 900 over a six-week period. He also found the lawyer guilty of a misdemeanor charge of introducing contraband into the jail, saying she let an inmate use her cell phone during a visit.
The lawyer has said she was unaware the private line was being used improperly and thought it was OK for an inmate to use her cell phone during a visit. She left court without comment.
A Spokane prostitute is accused of lying about her identity and fabricating testimony during a bench trial last fall.
Jodi R. Macabitas, 42, alias Jodi R. Rima, appeared in court Tuesday on charges on felony charges of first-degree perjury and false swearing.
Investigators say Macabitas identified herself as Madison McBride during a possession of stolen property trial before Superior Court Judge Jerome Leveque last October.
Defendant Robert Wilkening, Jr., was acquitted after testimony that included Macabitas describing a plot between two men to falsely accuse Wilkening. Investigators believe Macabitas fabricated the story.
Deputy Prosecutor Bob Sargent said in court documents that Macabitas' testimony was “crucial to the case.”
But Wilkening's lawyer, Doug Phelps, said he doesn't believe Macabitas' was crucial to Wilkening's acquittal.
“We really didn't even need that testimony,” Phelps said. Phelps said he didn't relaize the woman had lied about her identity until Sargent told him after the trial.
Prior to testifying, Macabitas provided police a phone number that Detective David Staben says belonged to someone who claims not to know the woman. After her testimony, the man said he had a friend who matched the witness's description, leading Staben to identify Macabitas as a suspect.
Her parents described her as “a homeless person involved in the drug lifestyle,” according to a probable cause affidavit. Staben contacted Macabitas at 1st and Cowley, where she identified herself as a prostitute and “admitted that she lied about everything in court,” according to the affidavit.
Macabitas remains jailed on $2,000 bond.
A Spokane County jury will now decide whether Cole K. Strandberg should face the prospect of life imprisonment or indefinite commitment to a mental institution after a judge concluded he was sane in 2008 when he shot a woman with a crossbow.
Superior Court Judge Tari Eitzen was highly critical of the review of Strandberg’s case by mental health professionals at Eastern State Hospital, but found that the 24-year-old mentally ill man probably was not insane on Jan. 7, 2008, when authorities said he killed 22-year-old Jennifer Bergeron.
“I cannot find… that Mr. Strandberg was insane at the time of the act,” Eitzen said. “But the question should be submitted to the jury.”
Read the rest of Tom Clouse's story here.
Past coverage:
Feb. 16, 2011: Strandberg trial testimony questions mental evaluations
Feb. 26, 2010: Strandberg on cable TV: 'The horror is real'
Jan. 16, 2008: Strandberg's parents struggled to get him treatment
Accused killer Cole K. Strandberg has done little during the two days he's spent in Judge Tari Etizen's co
urtroom.
But on Monday, he made sure his marital status was clear.
After his lawyer, Chris Bugbee, (left) asked a neuropsychologist about discussions of Strandberg's mystical world and plans by the defendant's fictitious wife for a trip to Europe, Strandberg blurted out, “I have a wife, asshole.”
It was another bizarre moment in a court hearing set to determine if Strandberg can stand trial for January 2008 crossbow slaying of Jennifer Bergeron, or if he should be found not guilty to be reason of insanity.
“He says he was married in Las Vegas Washington, so there are no records in this world,” Dr. Craig Beaver testified on Monday. “He’ll just go to another time or his wife will come get him and take him to Europe. So (the criminal charge) just doesn’t matter.”
Strandberg has his wrists bolted to the courtroom table and his legs bolted to his chair.
On Tuesday, he wore a face mask at Bugbee's request. Strandberg had spit in the lawyer's face at the end of Monday's hearing.
Strandberg is pictured up top on Tuesday.
Past coverage:
Feb. 26, 2010: Strandberg on cable TV: 'The horror is real'
Jan. 16, 2008: Strandberg's parents struggled to get him treatment
Monica Walters, the former longtime Spokane YWCA executive director who’s suing the organization, is expected to continue testifying at a bench trial today in Superior Court.
The trial began last week before Judge Jerome Leveque.
Walters, who was director for 13 years, left the YWCA in February 2009. She filed a lawsuit in April 2009, alleging breach of contract, disability discrimination and privacy invasion.
Deborah Booth, president of the YWCA board at the time, released a statement in February saying Walters resigned for medical reasons:
“Everybody loves Monica, but it’s time for her to get out of the hectic crossfire of all this and get some time for herself.”
Booth retracted the statement a couple days later, saying “my suggestion that Ms. Walters resigned for medical reasons was not accurate.” Oops!
A lawsuit by Walters’ attorney, Paul J. Burns, says the board breached Walters’ contract by interfering with her ability to manage day-to-day operations, including making hiring and firing decisions, causing “severe, medically diagnosable stress, mental anguish and emotional distress,” the lawsuit states.
Walters said that the medical condition was a disability and that the YWCA failed to accommodate it. The decision to discharge her “constitutes unlawful disability discrimination,” according to the lawsuit.
Walters’ invasion of privacy allegation stems from the YWCA’s disclosure to the media that Walters had resigned. Walters is seeking damages for economic loss, mental anguish and emotional distress.
Walters’ testimony began Thursday; no testimony was heard Friday.