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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.

Man cleared of theft charges

Kevin Keheley can breathe a sigh of relief after a jury exonerated him of theft.

Keheley was accused of defrauding a man after entering into a contract of developing an application for a smartphone, which he was never able to produce.

The contract was for $17,000 and Keheley was paid up front with $10,000.

Keheley then relocated to Austin but promised to finish the application. This, however, never happened.

Denver criminal lawyer Laurie Schmidt, who defended for Keheley, said that what happened was a business dispute.

Schmidt added that Keheley had no intention of running away from giving back the money that he received as evidenced by emails showing his intention to pay the money back.

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.

Cop gets two months for shooting trainee during an exercise

William S. Kern, a Baltimore Police instructor, was handed a 60-day jail stay, for shooting Raymond Gray, a police recruit, while they were doing exercises.

Kern, who has been in service for 19 years, told the court during his trial that he had brought a live gun to the exercises and he had accidentally used it instead of the training weapon.

Gray was hit in the head and was blinded in one eye when Kern fired his gun through the window to show the recruits the danger of lingering near the door, the window or the hallway.

Kern said that he brought his gun to the training for the safety of the recruits because the facility where they were having their exercises is not secure.

Baltimore defense attorney Shaun F. Owens had argued for Kern's release saying that his client's eventual dismissal from the service would already be enough of a punishment.

Kern is on a 60-day suspension while the Baltimore Police conducts an investigation within its ranks.

Gray's family, who expressed dissatisfaction with the sentence, has also filed a civil lawsuit in relation to the incident and is being represented by Baltimore litigator A. Dwight Pettit.

16-year-old charged with hate crime, will be tried as an adult

Richard Thomas may only be 16 years old but he will be facing the charges filed against him as an adult.

Thomas is facing several charges including "hate crime" after he set another teenager, Luke "Sasha" Fleischman, 18, on fire.

Both were riding on a bus when the incident happened with Fleischman wearing a skirt.

Fleischman's parents said their son does not identify himself either as a male or female.

According to police, Thomas had told them he set Fleischman on fire because he is homophobic.

San Francisco defense attorney Michael Cardoza said his client, Thomas, if convicted would be facing a longer sentence because of the hate crime charge.