CourtArtist.com

Lawyer's Illness Delays Huguely Trial

2012-02-17T17:37:47-05:00

One of George Huguely's lawyer was absent for the second day due to "projectile vomit illness". No testimony was heard yesterday, and today Huguely objected to moving forward without both of his attorneys present.
His other attorney, Francis McQ. Lawrence, said to the judge, “Mr. Huguely told me, ‘I don’t feel comfortable. I don’t feel protected'". But Judge Hogshire told the defense to move foward, and several non-expert witnesses were called.

The judge seems determined to finish with testimony in the case on Saturday, and if possible have closing arguments and jury instructions as well.

It could well go late into the night.

WaPo story here.

Prosecution Rests, Defense Begins

2012-02-15T21:19:13-05:00

After calling several friends of Huguely and Love to the stand and introducing as evidence the bodybag tag and a photo of Yeardley Love's bruised and battered face the commonwealth rested.

The defense led off with a couple of experts that testified about Yeardley's blood alcohol level and the injury to her brain.

George Huguely has paid close attention, but shown little emotion this week.

Wapo story here.

A Day of Medical and Forensic Experts

2012-02-14T21:25:01-05:00

A neuropathologist, blood stain pattern and fingerprint analysts, a toxologist and trace evidence and DNA experts all testified today at Huguely's trial, as well as the coroner who returned to the stand for the second day. Here are just a few:

WaPo story here.

Huguely Trial Day Six

2012-02-13T22:12:32-05:00

Here are sketches of the witnesses - except one very brief - who testified at George Huguely's murder trial today:

WaPo story here.

An Emotional Day

2012-02-11T17:58:06-05:00

Detective Lisa Reeves took the witness stand Friday and told the jury how she had brought Huguely from his apartment to the police station for questioning as a potential witness. Noticing that Huguely's knuckles were severely bruised and that he had a fresh cut on his arm she came to have a "reasonable suspicion that he may have committed this crime".

The interview was videotaped, and the taped played in court. Huguely, sounding still a bit inebriated, admits to drinking all day long the previous day and going over to Yeardley Love's apartment around 12:45 p.m. "to talk" after an incident the week before when Yeardley went to his apartment and hit him with her purse, accusing him of texting other girls. On the videotape Huguely describes what happened at Yeardley's apartment over and over for about thirty minutes telling the detective that Yeardley was "freaking out" and "got really aggressive". He admits shaking her and throwing her on the bed before leaving the apartment.

Finally Detective Reeves says "I have to tell you something. She's dead. You killed her." After a long silence Hugulely says "she's dead . . . HOW?" The detective responds "I think you know" Huguely then becomes very upset saying "she's dead? how the fuck is she dead? She's dead?...she's dead?...she's dead?? I don't believe it...I didn't hurt her...I don't believe she's dead...I want to see her!"

In the courtroom Huguley began to weep, wiping away tears. It was the first time during the trial that he has shown any emotion.

In the afternoon Detective Michael Flaherty was called to testify and introduce into evidence photos and items taken from the crime scene including the apartment door that Huguely broke through.

As the detective described photos of the body laying on the floor Yeardley's sister Lexie wept as her fiancee tried to comfort her.

Many others in the courtroom were overcome with emotion as well.

WaPo story here.

A Few More Sketches

2012-02-09T21:31:04-05:00

Another day of dramatic testimony at the Huguely trial. Here are a few of today's sketches:

George Huguely taking notes during testimony.

The first EMT to take the witness stand.

Dr. Brady, who reviewed the EMT's work.

The Honorable Edward L. Hogshire.

Witness demonstrating chokehold on the Commonwealth's attorney.

You can read about it here.

Opening Statements and Witness Testimony

2012-02-08T21:40:10-05:00

The jury today heard opening statements from the Commonwealth and the defense followed by testimony from the first witnesses.
In his opening prosecutor Dave Chapman told the jurors about an email Huguely sent to Yeardley Love that read in part, “I should have killed you.”

But defense attorney Francis McQ. Lawrence said Huguely only wanted “to talk, to make up, to work things out."

Eight witnesses testified today, including Yeardley's mother and sister, but the most lengthy testimony came from Yeardley's roomate, Caitlin Whitely.

WaPo story here.

"We Have Reached The Magic Number"....

2012-02-07T20:15:17-05:00

...said Judge Hogshire after 28 potential jurors had been selected. Tomorrow each side will eliminate six and the remaining jurors and alternates will be empanelled. Openning statements will then be made and the commonwealth will begin its case.

This is the defense table. It's no accident that Huguely is seated in a smaller chair.

This the the row reserved for the family and friends of the victim, Yeardley Love.

Jury Selection Begins In Huguely Trial

2012-02-06T22:45:22-05:00

George W. Huguely V, appearing in court for the first time since being charged in May 2010 with beating his former girlfriend to death, and pled not guilty.
The six-foot-two, 200lb University of Virginia lacrosse player appeared much diminished today having lost some weight and sitting in a chair notably lower than the ones his lawyers sat in.
Jury selection got off to a slow start with opening arguments now not expected until Wednesday at the earliest.

WaPo story here.

Justices Puzzle Over Indecency

2012-01-11T21:57:44-05:00

The highlight of yesterday's lively argument over the government's right to restrict offensive language and nudity on broadcast TV came as former Solicitor General Seth Waxman told the Court, "the commission has pending before it…complaints about the opening episode of the last olympics, which included a statue very much like some of the statues that are here in this courtroom, that had bare breasts and buttocks."

As he noticed Justice Scalia glancing up at the courtroom friezes Waxman said, "Well, there's a bare buttock there, and there's a bare buttock here."

The case is FCC v. Fox Television Stations.

Mike Sacks has the story here.

Which Way Out of Texas?

2012-01-09T22:18:49-05:00

As a result of a large growth in population Texas has gained a number of Congressional and State Legislative seats.

When it came time to draw up new electoral maps the Texas Legislature, which is controlled by Republicans, not surprisingly came up with a map favoring Republican candidates.

Also not surprisingly the Legislatures' maps were challenged in a federal court in San Antonio under Section 2 of the Voting Rights Act.

Meanwhile, Texas is one of those States that fall under Section 5 of the Voting Rights Act and are required to get pre-clearance from either the Department of Justice or a special three-judge court in DC. The Texas Republicans chose to go to the three-judge court for approval, but the court has yet to act.

So, with primaries looming the San Antonio court drew up its own set of electoral maps that strengthen the Hispanic vote, and presumably help Democrats.

Texas appealed to the Supreme Court to block the court drawn map, and the Justices today heard arguments in the case.

Mike Sacks' take on the arguments is here.

McQueary Testifies

2011-12-17T09:09:19-05:00

Penn State assistant coach Mike McQueary gave public testimony for the first time yesterday to a packed Dauphin County courtroom in Harrisburg.

Questioned by Deputy DA Bruce Beemer, McQueary told the court that he saw Jerry Sandusky having sex with a young boy in the locker room showers.

He described hearing a "rhythmic, slapping sound" and saw Sandusky standing behind a boy in the shower "having some sort of intercourse with him".

The defendants are two Penn State administrators, Gary Schultz and Tim Curley, who are charged with lying to a grand jury about what was reported to them. Neither ever reported the incident to police.

McQueary's father, John, also testified. His son called him shortly after witnessing the assault and they also discussed in person what to do about it. “I’m now in the position to say Gary Schultz did nothing about it,” John McQueary testified.

NYT story is here.

Sandusky Will Face His Accusers Another Day

2011-12-13T17:47:29-05:00

In a crowded ornate courtroom Jerry Sandusky told Judge Robert E. Scott that he wished to waive the preliminary hearing where some of his accusers were prepared to testify.

These are a few sketches from his short appearance in court.

And you can read about it here.

SCOTUS Watercolors

2011-12-07T21:14:19-05:00

Here are some sketches I did - still working on my watercolor chops - of arguments in two cases before the Supreme Court today.

The first, Mayo Medical Laboratories v. Prometheus Laboratories, is a very complex case about whether you can patent a natural process, in this case monitoring the metabolites a drug.

I can't begin to explain it, but Lyle Denniston can. Click here for his analysis.

In the second case, PPL Montana, LLC v. Montana, the Justices were asked to reference the journals of Lewis and Clark to determine if a river in Montana was once navigable.

It seems that title to the riverbeds beneath commercially navigable waterways belong to the states, and those of non-navigable rivers belong to the nation. I did not know that.

The dispute is between a Montana power company that operates several dams on the river and the State of Montana which says it is owed over $50 million in rent and interest.

You can read about it here.

Confrontation Clause Arguments

2011-12-06T20:42:47-05:00

In two recent cases the Supreme Court has expanded Sixth Amendment right to confront a witness to include the lab technician who actually did the test.

In today's argument the petitioner is challenging his conviction because the lab tech who performed a DNA test was not called to testify, but his report was introduced through the testimony of another expert witness.

Justice Alito asked petitioner's lawyer, Brian Carroll, "Hasn't it long been accepted that experts may testify to the facts that form the basis for their opinions?"

When it was State's Attorney Anita Alvarez's turn at the lectern Justice Scalia said, "We don't know how good the individuals who did the test were. And that's why it's up to the state to bring forward testimony saying what the lab did. And the only testimony they brought forward was the testimony of this witness who was not there."

Nor did Justice Kennedy seemed convinced as Mike Sacks tell it here.

Unwarranted Warrant?

2011-12-05T17:48:01-05:00

How far can the police go in procuring a warrant based on an affidavit "so lacking in indicia of probable cause" that the resulting search not only violates the Fourth Amendment, but exposes the officer to civil action? Beats me.

I wasn't in court to cover the story, but rather to try out a new combination of sketching media. Here's what I came away with.

This was not the usual audience of spectators. I don't think they had anything to do with the cases being argued, and in fact they looked a little bored.

The case is Messerschmidt v. Millender.

Hinckley Back in Court

2011-12-01T10:10:42-05:00

Every few years over the past two decades John Hinckley has gone before a judge seeking more freedom from St. Elizabeths Hospital where he has been a patient since being found not guilty by reason of insanity in the attempted assassination of President Ronald Reagan.

Hinckley, now 56, was back in court yesterday asking to extend visits to his mother's Williamsburg home to up to 24 days, and eventually transition to living full-time in the community. He is currently allowed 10-day visits away from the hospital.

Tyler G. Jones, director of psychiatry at St. Elizabeths, was the first witness called by Hinckley's lawyer, Barry Levine, from a list that includes family members, doctors and therapists.

The government is vigorously opposing more liberty for Hinckley. Assistant U.S. Attorney Sarah Chasson in her opening told the court that during one of his visits Hinckley lied about going to a movie and instead was observed by the Secret Service going to a Barnes & Noble where he browsed book titles on Reagan and presidential assassinations.

Del Wilbur has the story here.

Does Standing Require Injury?

2011-11-28T22:20:17-05:00

The 1974 Real Estate Settlement Procedures Act bars, among other things, kickbacks by title insurance companies. Under the law a plaintiff can sue without having to show actual injury. At least that was the argument made by the lawyer representing Denise Edwards, the homebuyer in this case who sued First American Financial Corp.

But it was an uphill battle. Justice Scalia questioned, "I'm not even sure it's proper to call it a kickback. It's a commission." And Justice Alito told Edwards' attorney, Jeffrey Lamken, "We are looking for whether there is injury in fact."

In his rebuttal Aaron M. Panner, the lawyer for First American, reaffirmed that "what is required is an injury-in-fact, a harm to the plaintiff who is seeking to obtain redress from the courts.

Mike Sacks brilliant analysis of the argument is here.

The Cheese and the Worms in Bologna

2011-11-25T21:54:11-05:00

These are sketches of historian Carlo Ginzburg being interviewed by artist Jorge Satorre in Bologna. Ginzburg is the author of that seminal work of microhistory, Il fromaggio e i vermi, The Cheese and The Worms.

"It's not just a coincidence that I look like Jesus."

2011-11-21T21:11:25-05:00

Oscar Ramiro Ortega-Hernandez appeared before Magistrate Judge Alan Kay today, charged with attempting to assassinate the president by firing an AK-47 at the White House.

He does indeed look a bit like Jesus, as he told Oprah in this home video.

AP story here.