A three-judge panel of the 1st U.S. Circuit Court of Appeals said Friday that it found no basis to change the sentence that Catherine Greig received after she pleaded guilty to conspiracy to harbor a fugitive, identity fraud and conspiracy to commit identity fraud. The panel included retired U.S. Supreme Court Justice David Souter.

Bulger, the former leader of the Winter Hill Gang, fled Boston in late 1994 and remained a fugitive until he and Greig were captured together in Santa Monica, Calif., in 2011.

Prosecutors say Greig helped Bulger in multiple ways while he was hiding from law enforcement.

Bulger, 83, is scheduled to go on trial in June on charges that he participated in 19 murders.

Greig’s appellate attorney, Dana Curhan, had argued that the sentencing judge “effectively tripled” the appropriate sentence for Grieg. He said Judge Douglas Woodlock gave her too much time on the fugitive-harboring charge and wrongly imposed sentencing enhancements related to firearms and obstruction of justice. In court documents, Curhan also argued that five victims of Bulger’s alleged crimes should not have been allowed to testify during her sentencing hearing.

“We disagree with it, but the court has spoken and we are going to review our options,” Curhan said Friday.

Options include asking for a hearing before the full court or asking the U.S. Supreme Court to hear the case.

In its written ruling, the appeals court agreed with Woodlock, who found that Greig’s conduct was not limited to mere harboring.

“He also noted that Greig provided Bulger with `a variety of things,’ over and above mere shelter,” Judge O. Rogeriee Thompson wrote for the court. “The judge referenced the length of the pair’s time on the run, the heinous nature of the crimes Bulger is accused of committing, Greig’s capacity to make her own choices, and the fact that a less serious sentence would promote disrespect for the law.”

Thompson wrote that the record “provides a good deal of support” for the judge’s sentencing calculations.

The appeals court also noted that Greig traveled across the country with Bulger for a long period of time, used false identities, helped Bulger perpetuate his aliases and settled with him in California, where she paid the bills, helped him get medical treatment and prescription medications, and maintained their home.

“Her handling of these tasks undoubtedly helped Bulger keep his public outings to a minimum, thus reducing his risk of detention,” the court said.

Greig’s former lawyer, Kevin Reddington, had asked for a sentence of a little over two years. Reddington said she had fallen in love with a “Robin Hood-like” figure and never believed in the years she helped hide him that Bulger was a murderer.

A spokeswoman for U.S. Attorney Carmen Ortiz did not immediately return a call seeking comment on the court’s ruling.

Via: Fox News

Ed Graf’s murder conviction was set aside in March by the Texas Court of Criminal Appeals. His case is one of several flagged by a state panel that’s examining possible problems with arson investigations in criminal cases.

McLennan County District Attorney Abel Reyna said Friday that he intended to pursue another trial against Graf. Reyna said prosecutors would not seek the death penalty.

“Over twenty-six years ago, the lives of two little boys were tragically ended,” Reyna said in a statement. “Changes in fire science caused Ed Graf’s case to come back to McLennan County. It is my honor to continue to seek justice for the boys.”

A judge set bond at $1.5 million. Walter Reaves, Graf’s attorney, said that amount was too high for Graf’s family to pay, and that he would likely remain in jail pending trial.

Graf was convicted of setting a 1986 fire in a Hewitt backyard shed that killed 9-year-old Joby Graf and 8-year-old Jason Graf. He was accused of locking the boys in the shed and lighting it on fire.

Investigators at the time who examined photos of the shed determined that charring was deepest near the shed entrance and on the doors. They said the charring and other patterns suggested a quick fire sparked by an accelerant like lighter fluid.

But experts who have since reviewed their work, including one hired by prosecutors, say they believe those earlier conclusions were mistaken, and that there is a significant possibility that the fire was an accident.

Prosecutors supported Reaves’ request for a new trial, but have maintained that they believe there is enough other evidence to win a conviction. Graf’s ex-wife, Clare Bradburn, has also maintained her belief that Graf killed her children.

Among that evidence, Bradburn has said, is what she described as his suspicious behavior before and after the blaze. She also questions why he took out life insurance policies on the boys months beforehand.

“When you have the truth on your side, when you have memories of specific things, words that were said, pictures in my mind that will never go away — it’s an imprint on my heart,” Bradburn said in an earlier interview.

Reaves said Friday he was disappointed Graf would likely have to wait in jail while the case was re-tried.

“I don’t think they have any evidence at all. I really thought we would be done with it by now,” he said.

A panel convened by the state fire marshal is examining Graf’s case and others in which questions have been raised about the underlying fire investigation science. Criminal justice advocates in Texas have long called for more examination of fire science, particularly following the controversial 2004 execution of Cameron Todd Willingham of Corsicana for the deaths of his three daughters in a fire. Willingham’s conviction was questioned by many legal advocates and fire experts.

Via: Fox News

Prosecutors said Friday they will not indict Tsranaev within the 30-day period prescribed the Federal Speedy Trial Act. Sunday marks 30 days since Tsarnaev was arrested following the April 15 bombing.

Prosecutors didn’t specify under which exception they’d seek an extension.

Earlier Friday a judge denied a request from Tsarnaev’s attorneys seeking to take periodic photos of him while he recovers from wounds sustained prior to his arrest.

Tsarnaev’s lawyers argued the photos could provide evidence on the voluntariness of his statements and be used in an argument to mitigate his sentence.

The 19-year-old Tsarnaev is charged with using a weapon of mass destruction in the bombings that killed three people and injured more than 260.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

The attorneys for Boston Marathon bombing suspect Dzhokhar Tsarnaev cannot take their own periodic photos of him, a judge ruled Friday, denying the request pertaining to “his evolving mental and physical state” and whether his statements to authorities after his arrest were made voluntarily.

U.S. Magistrate Judge Marianne Bowler found Tsarnaev’s lawyers could not take their own photos, saying the Fort Devens prison where Tsarnaev is housed has a policy against visitors bringing cameras.

The motion from Tsarnaev’s lawyers remained sealed Friday. But in her ruling, Bowler included excerpts from the defense filing which suggest Tsarnaev’s lawyers may want to use the photos to argue for “sentence mitigation.”

Tsarnaev, 19, is charged with using a weapon of mass destruction in the April 15 bombings. The two explosions near the finish line of the marathon killed three people and injured more than 260.

Bowler said Tsarnaev’s lawyers asked if they could regularly take their own photos of Tsarnaev.

“The defendant contends that his ‘injuries over time’ provide evidence of ‘his evolving mental and physical state’ which, in turn, is probative of ‘the voluntariness of (his) statements and sentence mitigation argument,’” Bowler wrote.

Tsarnaev was badly wounded in a gun battle with police before his arrest. His lawyers could argue that statements he made to authorities after his arrest on April 19 were not voluntary because of his poor physical condition.

Bowler said the Bureau of Prisons could take photos of Tsarnaev with his lawyers present but those pictures would have to be shared with prosecutors.

Via: Fox News

An air traffic controller in the region says small planes have flown around the plume from Pavlof Volcano. Ash would have to rise tens of thousands of feet to threaten larger planes.

The eruption began Monday, and a photograph shows lava spraying out.

Air traffic controller John Maxwell says residents in the small community of Cold Bay, about 40 miles from Pavlof, are concerned that ash could damage their power generators. But he says wind has blown the ash away from the area.

Pavlof is 625 miles southwest of Anchorage in the Aleutian arc.

Via: Fox News

The Metro-North Railroad, a commuter line serving the northern suburbs, referred in a news release to a “major derailment” near Fairfield, just outside Bridgeport. It said emergency workers were at the scene of the accident, which came shortly after 6 p.m.

“We’re most concerned about the injured and ultimately reopening the system,” Malloy said from the scene about three hours after the crash. He said there was no reason to believe it was anything other than an accident.

Malloy said that most people were not seriously hurt. He said there was extensive damage to the train cars and the track, and it could take until Monday for normal service to be restored.

He said the area where the accident happened was down to two tracks because of repair work and that the accident will have a “big impact on the Northeast Corridor.”

Bill Kaempffer, a spokesman for Bridgeport public safety, told The Associated Press that about 250 people were on board the two trains.

Photos taken at the scene showed a train car askew on the rails, with its end smashed up and brushing against another train. Amtrak suspended service indefinitely between New York and Boston.

“At this stage, we don’t know if this is a mechanical failure, an accident or something deliberate,” Fairfield police spokesman Lt. James Perez told the Connecticut Post.

The railroad said a train that departed New York City’s Grand Central station en route to New Haven derailed. A westbound train on an adjacent track then struck the derailed train. Some cars on the second train also derailed as a result of the collision.

Bridgeport Police Chief Joseph Gaudett said everybody who needed treatment had been attended to, and authorities were beginning to turn their attention to investigating the cause.

“Everybody seemed pretty calm,” he said. “Everybody was thankful they didn’t get seriously hurt. They were anxious to get home to their families.”

The Metropolitan Transportation Authority operates the Metro-North Railroad, the second-largest commuter railroad in the nation.

The Metro-North main lines — the Hudson, Harlem, and New Haven — run northward from New York City’s Grand Central Terminal into suburban New York and Connecticut.

Via: Fox News

Governor Terry Branstad signed a bi-partisan bill to continue a state initiative for job creation. The bill impacts Burlington, Keokuk, and FortMadison.

Under the targeted jobs program, a withholding agreement between the city and the employer allows 3% of the gross wages paid by the business to be directed to the city on a quarterly basis. The city must then match these funds dollar for dollar. The funds can be used for most expenses incurred by a business related to their project.

Back in November of 2012 Goode and two others allegedly beat and robbed Burlington resident George Petree. Police identified Goode on a surveillance tape from Walmart.

Also in 2011, Goode was convicted of the forcible felony of Willful Injury Causing Serious Injury in Lee County. In that particular case, he was sentenced to a ten year prison sentence. A little after a year, the Iowa Department of Corrections released the defendant on parole. The new sentencing for Deandre Goode is set for June 24. Robbery of the second degree is a class C forcible felony. He is required to serve seven years in prison before he is eligible for parole.

The reason midwest residents are seeing a spike in gas prices today can be blamed on outages and maintenance at several oil refineries. This means for shortages that will boost the price all around the region. It’s so far affected Iowa, Minnesota, Missouri, North Dakota, South Dakota, Ohio, Oklahoma, and Wisconsin. Iowa drivers today are paying around $3.67 for regular gas. Illinois drivers can expect to pay near $3.99.

It’s part of Armed Forces night that begins with a pre-game tribute at 6:15 p.m. Currently serving Military (active and reserve) are encouraged to stand on the field with local veterans. They will begin lining up at 6 p.m. Military and immediate family will receive free admission by presenting Military I.D’s at the main gate.  Deployed families without a military I.D are also encouraged to come and will receive free admission by saying they are a family of a deployed soldier. Veterans also get free admission. The patriotic event is a team effort between the Bees and S.O.F.T. (Supporting Our Family and Troops)

Richard Lee “Rick” Wills, 57, of Burlington, died at home on Wednesday afternoon, May 15, 2013.

Born on September 19, 1955 in Burlington, Iowa, he was the son of Richard J. and Mary K. Hammer Wills. He married Nan Scott, they later divorced.

Rick was an auto mechanic and worked at several local service centers. He enjoyed fishing, hunting and all motor sports. Rick was a very patient person and enjoyed the challenge of making machinery work. He was of the Protestant faith.

He is survived by one, John Wills of Burlington, Iowa; two step-daughters, Christine K. Suiter of Colona, Illinois and Dorothy J. Gulick of Davenport, Iowa; seven brothers, James J. Wills, Jerry L. Wills, Andy E. Wills, Kenny E. Wills, David L. Wills, Dale A. Wills, all of Burlington, Iowa and Terry D. (Kelly) Wills of West Burlington, Iowa; nine grandchildren; several nieces and nephews.

He was preceded in death by his parents.

No formal services are planned, cremation has been accorded. Condolences may be left at www.prughfuneralservice.com.

Lloyd Wendall Patton    Age 75    of    West Burlington
Died Tuesday 5/14 at the Great River Hospice House    West Burlington
Survivors:
Wife Iona Patton, West Burlington

Children- Sons: Duane (Patti Jo) Patton, Dana (Tina) Patton
Daughter:    Debra (Mark) Woodruff
13 Grandchildren    10    Great-Grandchildren
2 Brothers: Robert & Mark Patton
The family will receive friends from 5 – 7 p.m. Friday, May17th at Lunning Chapel
Funeral Service will be at 10 am. Saturday, May- 18th, at Lunning Chapel
Burial in the   Aspen Grove Cemetery