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United States Attorney News

Judge denies third trial for man convicted of murder

Nicholas Christopher Ferro was denied a third trial for the death of Marques Butler in 2009.

Ferro's first trial had ended in a hung jury. In his second trial, he was convicted of murder in the second degree last September.

However, he had asked for a third trial with Miami attorney Carlos Gonzalez pointing out several things, the main of which is that the charges should not have been murder in the second degree because of the scant amount of time that Ferro and Butler have known each other before the incident happened.

According to Ferro's defense, a murder in the second degree charge would require that the perpetrator and victim are familiar with each other thus the need for a time requirement on how long they have known each other basing on the murder laws of Florida.

However, the judge said the amount of time is not required.

With Ferro's demand for a third trial denied, a life imprisonment sentence looms for him.

Former FOX 5 anchor exonerated of DUI charges

A jury has exonerated Amanda Davis, a retired anchor of FOX 5, from charges of driving under the influence and reckless driving.

Instead, she was held liable for not being able to maintain driving on one lane which resulted to an accident in 2012.

For her sentence, Davis will be serving the community for 20 hours.

She will also be made to pay $200 as fine.

Defending for Davis was Atlanta DUI lawyer William "Bubba" Head.

Austin man convicted in shooting death of motorist

A sentence of life imprisonment looms for Darius Lovings after the jury found him liable for the death of William Ervin in 2012.

Court heard that Lovings had shot Ervin when the latter stopped to help him while he was pretending to have car trouble.

Austin criminal lawyer Jon Evans had asked the jury to consider that mental health issues have been at play during the incident.

Lovings had told the police after his arrest that he had heard voices.

Aside from Ervin's death, Lovings is also facing charges of robbery and attempted murder.

Former Human Rights Commission employee enters plea deal in child pornography

Larry Brinkin, who used to work for the Human Rights Commission of San Francisco, entered into a plea deal agreement on his child pornography charges.

The plea deal saw a second charge of child pornography distribution dropped against the 67-year-old Brinkin.

Under the plea deal, Brinkin will spend six months behind bars and another six months of house arrest. Afterwhich, he will undergo probation for four years.

Brinkin, who is a staunch supporter of the LGBT advocacy, will also be entered in the list of sexual offender and is ordered to go through therapy.

Randall Knox, an attorney in San Francisco, said that Brinkin has been deeply sorry for what he has done and has fully understood the damage that child pornography can inflict on victims.

Former prosecutor sentenced to 10 days for wrongful conviction

Ken Anderson, the former District Attorney of Williamson County, was meted with a 10-day jail term after the judge accepted his no-contest plea for the charge of contempt of court.

The charge steamed from the wrongful conviction of Michael Morton who was found guilty for the murder of his wife in 1986 and was sentenced to life imprisonment.

However, in 2011, Morton's conviction was overturned using DNA as proof that he did not kill his wife.

In the light of that development, Anderson, who had prosecuted Morton's case, was scrutinized and was determined to have erred when he withheld evidence which would have been beneficial for Morton's defense.

Aside from the short jail stay, Anderson will also have to give up his license as a lawyer and as part of the plea bargain, he will also be disbarred for five years.

Austin attorney Eric Nichols, however, pointed out that there will be no conviction for Anderson on any criminal charge.

Morton, for his part, said he is more than happy with the result because all he wanted was for Anderson not to practice law anymore to prevent what happened to him from happening to anyone else again.

Anderson was also fined and made to do community service.