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United States Attorney News

NSA employee accused in adopted son's death

Brian Patrick O'Callaghan is facing murder charges after it has been alleged that he had beaten his adopted son which resulted to the 3-year-old's death.

O'Callaghan is a former marine and a war veteran who now works for the NSA.

The suspicion against O'Callaghan started when police were called to the hospital where the boy was confined.

The boy was suffering from brain hemorrhage and fractures in the skull, injuries consistent with beating.

O'Callaghan had told police investigators that his wife had gone out of town thus he had been caring for the boy.

While under his care, O'Callaghan said the child had hit his shoulder in the shower after falling backwards. The next day, when he went to check on the boy who was napping, he said he noticed mucus coming out of the boy's nose and when he picked him up, the boy started vomiting so he brought him to the hospital.

Steven McCool, a defense lawyer in Washington representing O'Callaghan, is insisting on his client's innocence.

He said the allegations have no basis and that O'Callaghan is disputing that the child suffered several injuries in the head.

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.

Murder charge dismissed in shooting death of man from Trussville

The murder charge filed against Freddie Earl Patton,53, for the shooting death of his girlfriend's father, Kenneth Millar, 81, has been dismissed upon the request of the Deputy District Attorney.

An order for Patton's release from jail has been signed, however, he may not be off the hook yet as the DA's office has stated that the case will be turned over to the grand jury in Jefferson County.

The prosecution moved for the dismissal after arguing with the defense who wanted to further question the detective about the autopsy report.

Birmingham criminal attorney John Lentine said that a manslaughter charge should have been filed instead of murder because the shooting was an accident.

If Patton gets indicted, he will have to go back to jail.

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.

Former deputy gets five years for punching teenager

David Morrow, who used to be the deputy of the Adams County, has been handed a five-year prison sentence for punching a teenager who was strapped to a gurney.

Morrow said he was sorry that the teenager was hurt because of what he did.

The teenager was causing a disturbance to which Morrow and other police officers have responded.

The police decided to take the teenager to the hospital because he was intoxicated and was being belligerent.

However, while he was strapped to a gurney, Morrow had hit the teenager in the face with his fist.

The sentence may still change as the judge had agreed to schedule another hearing to re-assess Morrow's sentence.

Donald Sisson, a defense attorney in Denver, said the case was not a usual one and thus Morrow's sentence should be re-evaluated.