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Final Report on Probe into Upper Big Branch Mine Disaster Released

Carmen Cox — Sat, 25 Feb 2012 04:30:00 +0000

SAUL LOEB/AFP/Getty Images(CHARLESTON, W.Va.) -- The state of West Virginia Thursday released what is expected to be the final report on the investigation into the Upper Big Branch mine explosion that killed 29 people in April 2010.

The report, like three others, says a methane explosion at the mine was exacerbated by coal dust. Massey Energy -- owner of the Upper Big Branch mine -- favored production over safety and failed to properly rock dust the mine, according to the report.

The state issued 253 citations against the coal company. Those violations were for improper ventilation, equipment problems, and personnel issues pertaining to the foreman or fireboss, among other areas.

The explosion at Upper Big Branch has been called the worst U.S. mining disaster in nearly 40 years.

Copyright 2012 ABC News Radio

Bradley Manning Arraigned, Defers Entering Plea

Joshua Cohan — Thu, 23 Feb 2012 20:51:41 +0000

Mark Wilson/Getty Images(WASHINGTON) -- Army Pfc. Bradley Manning, accused of providing hundreds of thousands of classified military documents and State Department cables to online publisher WikiLeaks, deferred entering a plea at his arraignment Thursday.

Sitting in the Ft. Meade, Md., courtroom in his dress Army greens and signature black-rimmed glasses, Manning had his civilian counsel, David Coombs, and his assigned military counsel by his side.

Although Manning sat in the same chair and courtroom as he did throughout his December pre-trial Article 32 hearing, this is the first time he has sat before a military judge, facing a court-martial.

When Manning was asked how he would plead, Coombs replied on behalf of the former Army intelligence analyst. “PFC Manning would like to defer both on his plea and on motions,” Coombs said.

Manning barely spoke throughout the arraignment, responding “Yes, your honor” when asked by the military judge whether he understood the charges against him, including aiding the enemy, wrongfully causing intelligence to be published on the Internet, knowing that it is accessible to the enemy, stealing public property or records and transmitting defense information.

Coombs also deferred selection of the kind of forum in which Manning is to be tried.

Manning has the option to be tried before a military judge alone, a panel of members, which is the military equivalent of a jury made up of officers, or a member panel made up of one-third enlisted soldiers.

The default selection would be a panel with enlisted soldiers to protect the accused, according to a legal military expert, adding that deferring the forum selection and plea is often done for tactical reasons. The plea can be entered anytime before the start of the trial.

The trial date is left to the military judge to determine. But the defense objected to any delay past their requested date of June, saying it would violate Manning’s “due process rights.”

“As of today, PFC Manning has been in pretrial confinement of 635 days,” Coombs said.

“If government gets its way,” with a requested trial start date of Aug. 3, Manning would have spent “over 800 days before trial begins” in pre-trial confinement, he added.

Unlike during the December Article 32 hearings, Coombs did not challenge Military Judge Col. Denise Linds’ proceeding over the hearing; although he did cast multiple questions toward the military judge about her pre-existing knowledge of the case and possible conflicts of interest.

The majority of the 45-minute hearing dealt with an alleged government “spillage,” in which the defense submitted a motion containing classified material through an unclassified system, as well as other filings of motions.

Manning is next expected before the court March 15-16 to address multiple motions that have been submitted by both the government and defense.

If the 24-year-old is convicted, he faces life in prison, as well as a reduction in rank to the lowest enlisted pay grade, total forfeiture of all pay and allowances and a dishonorable discharge.

Copyright 2012 ABC News Radio

Honeymoon Murder Trial Charges Dismissed By Judge

Joshua Cohan — Thu, 23 Feb 2012 20:12:56 +0000

iStockphoto/Thinkstock(BIRMINGHAM, Ala.) -- The judge presiding over the so-called honeymoon killer trial dismissed murder charges against Gabe Watson after the prosecution completed its case Thursday.

The charges were dismissed before the defense presented a single witness.

Watson, 34, was charged with killing Tina Watson in 2003 during an Australian honeymoon 11 days after they were married.

Prosecutors had claimed that Watson had shut off his wife's air supply while scuba diving off of Australia's Great Barrier Reef, then turned the air back on after she had died. The motive, prosecutors claimed, was to collect on her life insurance and her possessions.

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The prosecution rested its case Thursday after two weeks of testimony. Defense lawyer Brett Bloomstom immediately made a motion to dismiss the case for lack of evidence, and Judge Tommy Nail agreed that the prosecution had failed to prove that Watson had killed his wife.

Watson's lawyer Brett Bloomstom said his client "hopes this will be the end of this case and that it will be put behind them."

Prosecutor Don Valeska said there is no appeal of the judge's ruling. "Judge Nail did what he thinks is right. I strongly disagree with him. I'm extremely stunned and at a loss for words," Valeska said.

Gabe Watson claims his wife panicked and when he went to help her, she accidentally knocked his mask and regulator off. By the time he recovered, she had drifted out of his reach.

Watson had pleaded guilty to negligent manslaughter in Australia for failing to save her and spent 18 months in prison. Alabama tried him for murder, claiming the alleged crime was plotted in the U.S.

If convicted, Watson could have been sentenced to life in prison.

Watson has since remarried.

Copyright 2012 ABC News Radio

Fake Sex Ads Land Ex-Boyfriend in Slammer

Carmen Cox — Thu, 23 Feb 2012 19:35:00 +0000

Multnomah County Sheriff's Office(PORTLAND, Ore.) -- An Oregon man landed in jail earlier this week after allegedly posing as his pregnant ex-girlfriend and posting sex ads on Craigslist.

Andre Flom, 31, posed as his ex-girlfriend and posted her name, address and phone number in ads inviting men to her Portland, Ore. home for sexual encounters, Detective Levi Yandell told ABC News. The messages were written to appear as if the woman wrote them herself.

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The first ads were posted in November, shortly after Flom was convicted of strangling his ex in an act of domestic violence, court documents show. At the time, strangulation was a misdemeanor in Oregon, and Flom received probation, Yandell said. The victim is pregnant with Flom’s child, according to Yandell.

The victim, who also has a 2-year-old son fathered by another man, told detectives that after one of the ads posted, about 15 men showed up at her home asking for sex. The victim’s toddler was home when the men came calling.

“When you do that and you think it’s funny, there’s something wrong with you,” the victim’s mother told ABC News Portland affiliate KATU. She asked not to be identified because, she said, she and her daughter have been humiliated enough. Flom posted some ads with the victim’s address and phone number, and some with her mother’s address and number.

“I have like 100 texts, max, on my phone. I’d get that in like five minutes,” the victim’s mother told KATU. “The kinds of things that were being said were pretty obscene.”

There were also ads offering free trees on the victim’s property for anyone who wanted to dig them up, and one offered a children’s play structure to anyone who wanted to fetch it from her property. All told, Flom posted 37 ads from November to January.

Detectives were able to trace the IP address used to post the ads to Flom’s neighbor, who told detectives that his wireless Internet was not password protected.

While the victim sought help from police shortly after the strange men started showing up at her door, it took months for detectives to follow the “digital footprints,” Yandell said.

The victim has a restraining order against Flom. He is charged with aggravated identity theft, computer crime and identity theft. He is being held at the Multnomah County Iverness Jail on $30,000 bail.

Copyright 2012 ABC News Radio

Seven US Marines Killed in Helicopter Collision over Arizona

Jeanette Torres — Thu, 23 Feb 2012 19:25:00 +0000

U.S. Marine Corps/Pfc. Sean Dennison(YUMA, Ariz.) -- Seven Marines were killed during night training west of Yuma, Ariz., Wednesday when two helicopters collided, the Marine Corps told ABC News.

Six of the Marines were from Camp Pendleton and one was from Marine Corps Air Station Yuma.

The crash occurred around 8 p.m. and the helicopters, belonging to the 3rd Marine Aircraft Wing, were identified as a two-seat Cobra attack helicopter and an UH-1 trooper carrier, commonly known as a Huey.

The names of those who died in the crash will not be released by the Marine Corps until their next of kin have been notified.

The helicopters went down along the California/Arizona border just outside of the Yuma Training Range Complex.

Yuma is an area used extensively for helicopter and fighter jet training because the desert landscape is similar to Afghanistan.

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Scared Teen Calls 911 as Burglar Invades Home

Joshua Cohan — Thu, 23 Feb 2012 17:20:00 +0000

Ingram Publishing/Thinkstock(OAKLAND PARK, Fla.) – “I don’t want to die please.” Chilling words from a 14-year-old Florida teen to a 911 operator as a burglar rummaged through her home.

Kaylia Watson and her 12-year-old sister hid in one bedroom while their 11-year-old brother hid in another part of their Oakland Park home. Their mother, who was on her way to work, listened from a cell phone as Kaylia told her to calm down and simultaneously spoke with operators on the home landline.

The burglary occurred last Friday and the tapes of the calls were publicly released Wednesday.

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“Somebody broke into our house. Somebody please come,” Kaylia whispers calmly, telling the operator she could hear him in her mother’s bedroom. “He’s inside the house. Please hurry.”

“What did you see or hear that made you think somebody broke into the house,” asks the 911 operator. “The window crash and then someone climbed into the window,” responds the calm yet frightened teen.

She said she saw a male who she did not recognize knocking on the door and she and her siblings hid in the bedroom.

“Does the bedroom have a closet in it?” asks the operator. “Go into the closet. Stay on the phone. Be real quiet.”

For 13 minutes Kaylia remained on the phone giving police a detailed description of the suspect and his clothes until police arrived. When the 911 operator told the scared teen that police were surrounding the house and that she could come out, the girl was hesitant.

“Can they come in and get me please,” Kaylia responded.

A minute later, police entered the house and found 18-year-old Robert James hiding in the closet of the children’s mother, authorities said. Police say he at some point was bitten by a dog and was taken for treatment. When he was released, he was charged with three counts including burglary.

“They did a great job. The call taker did an excellent job of keeping the kids calm and allowing enough time for deputies, helicopter and K-9 to surround the house,” said Keyla Concepcion, spokeswoman for Broward County Sheriff’s Office. “The kids did a remarkable job considering how scared they must have been. She [Kaylia] was focused enough to give deputies all the info they needed to arrest the suspect and take him out the house.”

Copyright 2012 ABC News Radio

Accused NYC Subway Terrorist to Face Anonymous Jury

Joshua Cohan — Thu, 23 Feb 2012 17:00:00 +0000

iStockphotos/Thinkstock(NEW YORK) -- In an unusual legal move, when a New York City man goes on trial this spring for allegedly plotting to detonate explosives in the subway, it will be an anonymous jury that determines his fate.

U.S. District Court Judge Raymond Dearie sided with prosecutors who argued for an anonymous jury because the charges against Adis Medunjanin, "are of the highest possible seriousness."

"Given the nature of the allegations, the involvement of al Qaeda, a foreign terrorist organization with global reach and a history of targeting civilians in New York City, and the virtual certainty of substantial media and public attention, a fair trial requires empanelling an anonymous jury," prosecutors said in court papers.

Medunjanin is accused of being a willing suicide bomber and partnering with convicted terrorist Najibullah Zazi and others to detonate homemade explosives in the subway system in September 2009.

In the case of an anonymous jury, any identifying information for the jurors is withheld from the public and they are only referred to by an assigned number -- a rare but not unheard of judicial move in sensitive, high-profile cases.

Court records say Medunjanin traveled to Pakistan, "with the goal of joining the Taliban and fighting violent jihad against the United States and coalition troops in Afghanistan." Instead, court records say, Medunjanin returned to the U.S. intent on conducting a suicide attack.

Zazi and co-defendant Zarein Ahmedzay pleaded guilty to terrorism charges and are expected to testify against Medunjanin, their one time high school friend, at trial, which is scheduled to begin in April in Brooklyn.

"One need not conjure up worst-case scenarios to observe that even the mere possibility that the defendant's co-conspirators in al Qaeda, or their sympathizers, might threaten the judicial process in this case is a valid concern," said Assistant U.S. Attorney David Bitkower.

Defense attorneys called the prosecution argument "inadequate" and said there was no compelling reason to seek an anonymous jury.

"Here, the government does nothing more than invoke the specter of al Qaeda and terrorism as a justification for the extreme steps of empanelling and partially sequestering an anonymous jury," attorney Robert Gottlieb said.

Judge Dearie did not immediately decide whether to also order U.S. marshals to escort jurors between their homes and the courthouse.

Copyright 2012 ABC News Radio

Van Containing Unmarked ATM Keys Stolen in Connecticut

Joshua Cohan — Thu, 23 Feb 2012 16:16:57 +0000

FIle photo. Ryan McVay/Thinkstock(BRIDGEPORT, Conn.) -- A van containing keys to ATMs across Connecticut has been stolen, leading police to issue a lookout warning.

The unmarked van was stolen from the train station in Bridgeport, Conn. on Wednesday. The vehicle, a white 2010 Ford E-150 van, belonged to workers installing an ATM at the train station, according to ABC News Connecticut affiliate WTNH.

The van contained unmarked keys, which are used to access other ATMs throughout the Connecticut.

Authorities said that they believe a large amount of cash was inside the van at the time it was stolen, the Connecticut Post reported. Later police said there was no money in the van at the time.

Keys to the van were reportedly not in the ignition at the time of the theft.

Police in Bridgeport have now issued a warning to other police departments to be on the lookout for a stolen van.

Copyright 2012 ABC News Radio

Juror on George Huguely Verdict: We 'Believe Justice Was Served'

Jeanette Torres — Thu, 23 Feb 2012 13:29:00 +0000

Brand X Pictures/Thinkstock(CHARLOTTESVILLE, Va.) -- A jury recommended Wednesday that a judge sentence George Huguely V to 26 years in prison just hours after finding him guilty of second-degree murder in the beating death of his ex-girlfriend, Yeardley Love, at the University of Virginia.

The jury recommended 25 years in prison for the second-degree murder conviction and one year for a grand larceny conviction resulting from an allegation that Huguley stole Love's laptop.

Circuit Judge Edward Hogshire is scheduled to formally sentence Huguely, 24, on April 16.

Huguely, of Chevy Chase, Md., had his head down in court as the sentence recommendation was announced.

The Charlottesville, Va., jury of five women and seven men reached its guilty verdicts after nine hours behind closed doors. The sentencing recommendation came about three hours later.

Huguely was accused of killing Love in a drunken rage in 2010 just weeks before she was to graduate from the University of Virginia. Both Huguely and Love were star lacrosse players on the university's elite teams.

Two jurors gave ABC News their rationale for the verdict on their way out of the courthouse.

"We worked hard to come to a fair, just verdict," one juror said. "We had a good team -- educated, well-informed people. We all really believe justice was served. Everyone felt good about our decision."

The juror said there did not appear to be "premeditation," so they could not convict Huguely on the first-degree murder charge.

Members of the Huguely family were visibly upset as they left the courthouse. A little girl, one of Huguely's cousins, was crying hysterically and saying, "That's too much."

Huguely's mother was kept protected on the inside of the group and Huguely family members did not speak to the media.

Huguely's attorney, Francis McQ. Lawrence, said the defense was "disappointed with this verdict but proud to represent George over the years."

"He has the support of a loving family, has displayed amazing resilience and courage, is hopeful and spiritual, and we look forward to some corrections on what happened here tonight," Lawrence said.

Sharon and Lexie Love, Yeardley Love's mother and sister, left the courthouse from a side exit and also did not speak to the media, though they released a written statement after the sentencing.

Seattle Area Girl in Critical Condition After Classroom Shooting

Jeanette Torres — Thu, 23 Feb 2012 12:57:02 +0000

David De Lossy/Thinkstock(SEATTLE) -- A Seattle area third-grader is in critical condition Thursday after being shot in the abdomen when a gun went off in her classroom.

Amina Bowman, 8, was airlifted to Harborview Medical Center after the gun discharged from another student’s backpack around 1:30 p.m. Wednesday, according to police in Bremerton, Wash. Upon arrival, she was quickly rushed into surgery, ABC News' Seattle affiliate KOMO reported.

Armin Jahr Elementary School was put into immediate lockdown after the incident.

“She had the kids sit, get underneath their desks and then made sure that the kids were accounted for,” MaryLou Tucker, a parent of a student at the school, said of the teacher.

Students streamed from the school into the arms of worried parents minutes after the incident.

A friend says Bowman’s mother was in disbelief when the school called.

“She’s a sweet little girl, and I don’t know what to do,” Lori Morsette told ABC News. “I’m trying to be supportive for my friends, and I’m trying to be there for them. Right now, they’re at the hospital.”

Although it’s still unclear how the third-grader obtained a gun, the boy was taken into custody and booked into Kitsap County Juvenile Detention Center on charges of unlawful possession of a firearm, bringing a weapon to school and assault, according to Bremerton police.

“We do have the other student and the weapon with us at this time,” Lt. Pete Fisher of the Bremerton Police Department told ABC News.

The gun was found inside the classroom as angry parents outside questioned how something like this could even happen.

Bremerton schools spokesman Patty Glaser said that the school will reopen on Thursday, and that three counselors will talk to teachers, students and parents.

“Students will continue to be safe at school, school will continue tomorrow, we will have grief counselors on site,” Glaser said.

Georgia Engineer Murder Trial: Widow Calls Her Boss 'Delusional'

Jeanette Torres — Thu, 23 Feb 2012 12:49:28 +0000

Dunwoody Police Dept(ATLANTA) -- The General Electric worker whose former boss and alleged lover admits he killed her husband said on Wednesday the ex-boss was, "a self-proclaimed delusional individual" who fooled her using "masterful manipulation."

Testifying at Hemy Neuman's murder trial in Atlanta, his former employee, Andrea Sneiderman, described the former high-level GE operations manager as a "predator."

"Every time we spoke, it was like he was my best friend. Every time we had a verbal conversation, 'Oh, I understand. I respect your marriage,'" Sneiderman said of Neuman. "But what he liked to do was jab at my marriage. But then, 'I respect you. You're a good mother.' That was his mode of operation."

Neuman, 48, is charged with shooting and killing Sneiderman's husband, Rusty Sneiderman, 36, in the parking lot of the Sneidermans' son's preschool in November 2010.

Neuman has pleaded not guilty by reason of insanity. His defense claims he and Andrea Sneiderman were involved in a hot-and-cold affair when she worked for him at General Electric. Sneiderman denies any affair.

Neither the defense nor the prosecution denies that Neuman pulled the trigger and killed Sneiderman, but they tell divergent stories of what led to the killing.

Neuman's defense attorney, Doug Peters, said in his opening statements that Neuman believed he had been visited by an angel resembling Olivia Newton-John and a demon resembling Barry White, who told him that Sneiderman's children were Neuman's and that he needed to protect them by killing Rusty Sneiderman.

The prosecution painted Neuman as a calculating killer who planned Sneiderman's shooting for months -- going to gun shows, taking a gun safety course, going to target practice, renting a car for the shooting and wearing a disguise.

Sneiderman told the court that after Neuman read her a poem at dinner during a business trip, she realized that, "he had deeper feelings for me than just friends."

"None of those feelings were ever returned and I made myself completely clear where I stood," Sneiderman said. "I did nothing but try to help Hemy Neuman -- suggested he get counseling in his marriage, not move out of his home. I would do that for any friend."

"I remember walking out of that dinner like we were best buddies," she said. "It was a masterful manipulation."

Cop Charged With Stealing from Office Refrigerator

Joshua Cohan — Thu, 23 Feb 2012 10:11:00 +0000

Brand X Pictures/Thinkstock(HOUSTON) -- A Houston area cop nabbed in a sting operation will be in court Thursday to face theft charges -- for stealing from the office fridge.

Kevin Yang, an officer in Deer Park, Texas, was busted after complaints that lunches, drinks and 60 pounds of deer sausage had disappeared from the officers' shared fridge started piling on the desk of his boss, Deer Park Police Chief Greg Griggs, ABC News affiliate KTRK reported.

Griggs approved a sting operation, setting up a hidden camera above the fridge and filling it with bait food -- Monster energy drinks and sandwiches -- in order to nab the lunch leech.

According to police, the video, released to the public by the department, caught Yang in the act pulling one of the unopened Monster energy drinks, clearly marked with the initials of one of the department's detectives, out of the break room refrigerator on Nov. 19.

When confronted with the evidence, Yang told investigators he was cleaning the office fridge.

Yang was allegedly caught again on camera Nov. 22 taking a sandwich, again marked with a detective's initials, and then again on Nov. 26 and Nov. 27, each time pulling out a drink marked with initials not his own, police said.

In addition to the misdemeanor charge of theft, Yang was hit with a 30-day unpaid suspension that began on Tuesday and could cost him as much as $4,500 in lost wages. He will be able to return to work as an officer because the charge is below a class B offense.

Copyright 2012 ABC News Radio

Accused ‘WikiLeaker’ Bradley Manning Facing Arraignment

Joshua Cohan — Thu, 23 Feb 2012 08:27:00 +0000

Mark Wilson/Getty ImagesUPDATE: Private First Class Bradley Manning, accused of having provided hundreds of thousands of classified military documents and State Department cables to WikiLeaks, deferred entering a plea at his arraignment Thursday.

(FORT MEADE, Md.) -- Accused “WikiLeaker” Bradley Manning’s arraignment is set to get underway Thursday in Maryland.

The formal presentation of charges comes after December’s week-long, pre-trial hearing in which the investigating officer who presided recommended that Manning face a military court, which was approved by Army Maj. Gen. Michael Linnington of the Military District of Washington.

Pfc. Manning is accused of providing online publisher WikiLeaks with hundreds of thousands of classified military action reports from Iraq and Afghanistan, as well as 260,000 classified State Department cables when he served as an Army intelligence analyst in Baghdad in late 2009 to early 2010.

Manning will hear the 22 charges against him, including aiding the enemy, wrongfully causing intelligence to be published on the Internet knowing that it is accessible to the enemy, stealing public property or records, and transmitting defense information.

His lawyers have said he was a troubled soldier who should have never been given access to classified information.

Aiding the enemy is a capital offense punishable by death, but Army prosecutors have said they will instead pursue life in prison if the 24-year-old Manning is convicted.

Manning could also face a reduction in rank to the lowest enlisted pay grade, total forfeiture of all pay and allowances and a dishonorable discharge.

He will be allowed to enter a plea Thursday to the charges against him. The arraignment offers the possibility of a plea deal, although there has been no indication that such an plan is in the works.

A trial date has yet to be set.

Copyright 2012 ABC News Radio

Jury Finds George Huguely Guilty of Second Degree Murder

Carmen Cox — Thu, 23 Feb 2012 03:31:49 +0000

Comstock/Thinkstock(CHARLOTTESVILLE, Va.) -- A jury found George Huguely V guilty Wednesday of second-degree murder and grand larceny in the beating death of his ex-girlfriend Yeardley Love.

The Charlottesville, Va., jury of five women and seven men reached their verdict after nine hours behind closed doors.

As the verdict was announced Huguely barely reacted, putting his hands to his face a few times near his chin. He looked over briefly at his family and friends in the front three rows of the courtroom.

Huguely, 24, was charged with killing Love in a drunken rage in 2010 just weeks before she was to graduate from the University of Virginia.

Wednesday the jury began hearing testimony immediately and subsequently recommended that Huguely receive a prison sentence of 26 years. The jury recommended 25 years in prison for the second-degree murder conviction and one year for a grand larceny conviction resulting from an allegation that Huguley stole Love's laptop.

Circuit Judge Edward Hogshire is scheduled to formally sentence Huguely on April 16.

The family of Yeardley Love released the following statement following Huguely's sentencing:

"We dread looking back on the events of May 3, 2010 and pray for the strength to get through each day.

Time has not made us miss Yeardley any less, in fact quite the opposite.

It is truly devastating to wake up each day and realize that she is no longer here. Yeardley's contagious smile, kind spirit and gentle touch have left this world but we know that heaven has an angel like no other.

We will continue to keep her spirit alive by performing works of kindness in her name.

We would like to thank the Commonwealth and particularly Dave Chapman for his tireless efforts on our behalf.

Our hearts burst with pride when we think of Yeardley's accomplishments but our hearts melt when we remember her kindness and grace.

We have received letters from so many people telling us stories of her many acts of kindness. Intelligence and athletic ability are God given talents.

Kindness and compassion are choices ... choices that Yeardley made every day without a second thought. We'd like to thank everyone for their kindness and respect of our privacy during such a difficult time."

Sharon & Lexie Love

Federal Judge in California Strikes Down Key Provision of DOMA

Carmen Cox — Thu, 23 Feb 2012 00:36:45 +0000

Hemera/Thinkstock(SAN FRANCISCO) -- A federal judge in California Wednesday night struck down a key provision of the Defense of Marriage Act (DOMA) as applied to a federal employee who sought benefits for her same-sex spouse.

While this is not the first time a federal court has struck down a provision of DOMA, it is the first ruling to come since the Obama administration determined it would no longer defend the federal law that defines marriage as being between a man and a woman. Lawyers hired by the Republican leadership of the U.S. House of Representatives are now defending the law in court.

Karen Golinski, a lesbian woman married to her spouse under California law, brought the suit after she was unable to secure federal health benefits for her same-sex spouse.

U.S. District Court Judge Jeffrey S. White said, “In this matter, the court finds that DOMA, as applied to Ms. Golinski, violates her right to equal protection of the law under the Fifth Amendment to the United States Constitution by, without substantial justification or rational basis, refusing to recognize her lawful marriage to prevent provision of health insurance coverage to her spouse.”

Lambda Legal Defense Fund, which represented Golinski, praised the ruling.

“We are thrilled,” said John Davidson, legal director at Lambda Legal. “This is a grand slam for us. Judge White agreed that sexual orientation discrimination should be given heightened judicial scrutiny and there is not even a rational justification for DOMA’s discrimination. Courts should regard with suspicion government discrimination based on sexual orientation.”

Copyright 2012 ABC News Radio