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Entries in Lawyer (4)

Thursday
Oct182012

Lawyer Calls Sandusky's Alleged Victim 2 a 'Charlatan'

Mark Wilson/Getty Images(NEW YORK) -- An attorney for one of the Penn State officials arrested in the Jerry Sandusky sexual abuse case says that a man claiming to be Sandusky's Victim 2 is a fraud and a "charlatan."

The identity of the man called Victim 2 by prosecutors has remained a mystery throughout the trial of the former Penn State coach. According to prosecutors and the grand jury report, he is the boy whom Penn State assistant coach Mike McQueary saw being molested and possibly raped by Sandusky in a shower in 2001.

University officials Gary Schultz and Tim Curley were both charged criminally with failing to report that incident to authorities, though they both maintain that they did not know of a rape allegation from that night.

Schultz's attorney released a statement Wednesday saying the man who has come forward claiming to be Victim 2 is not credible. He released the statement in response to a Harrisburg Patriot News story about Victim 2's credibility.

"Discovery provided to us shows that the individual's story changed from interview to interview and even conflicted with the version of events his own attorneys described," attorney Tom Farrell wrote.

Judge John Cleland, who oversaw the case, will rule on the appeal. If Sandusky is denied an appeal, his case can go to appellate court. Sandusky's attorneys are expected to argue they did not have enough time to prepare for trial and to prove that Sandusky's victims were lying.

In Farrell's statement, he accused Victim 2 of claiming first that he had never been sexually abused by Sandusky and then changing his story after becoming a client of attorney Andrew Shubin.

According to the statement released by Farrell, the man first came forward to prosecutors just days after Sandusky was arrested in November 2011, and said he was Victim 2. He said he was not abused in the shower the night McQueary saw him, or ever.

The man then changed his story and told investigators he had been abused, Farrell said. Farrell also claimed that when the man was asked to draw a diagram of the locker room in which he was allegedly raped, he failed to draw it accurately.

"When requested to diagram the Lasch building locker room and shower, the individual created a drawing that did not match reality," Farrell wrote.

He pointed out that prosecutors had interviewed the man four times and decided not to put him on the stand in Sandusky's trial.

Shubin's law firm, Ross Feller Casey, LLP, released a statement Thursday standing by its client and criticizing Farrell's claims.

"Conspicuously absent from Mr. Farrell's statement is the fact that Jerry Sandusky himself, and his defense team, identified our client, and no one else on earth, as the boy who Mike McQueary saw in the shower with Jerry Sandusky," the statement read. "The identity of the boy in the shower is not now nor has it ever been in doubt. The horrific abuse that he suffered both that day and on many other days will be the subject of a lawsuit that he files against Penn State."

The statement said Victim 2's initial denials of sexual abuse were commonplace for sexual abuse victims.

"While Mr. Farrell threw his lot in with Jerry Sandusky, he should think very carefully before he decides to publish any additional attacks on our client," the statement read.

The individual has never made his identity public, but in July released audio recordings he claimed were Sandusky's voicemails to him. The recordings included a man's voice saying "I love you" to the person on the other end. He claimed that he had been abused before and after the 2001 incident by Sandusky.

"A court order prohibits the attorneys in the Sandusky case and in our case from revealing the identity of this individual," Farrell wrote. "However, all the attorneys -- defense lawyers and prosecutors -- are aware of this individual's identity and have evaluated his credibility, or lack thereof, appropriately, as evidenced by the fact that all parties to the Sandusky trial declined to call him as a witness."

Schultz and Curley are both scheduled to be tried in January.

Sandusky, a former Penn State football coach, was convicted earlier this year of abusing 10 boys, and was sentenced last week to a minimum of 30 years in prison. For Sandusky, 68, that is a life term.

Sandusky's defense team announced plans Thursday to appeal his convictions. Attorney Karl Rominger said that the motion to appeal would be filed by the end of the day.

Copyright 2012 ABC News Radio

Thursday
Oct202011

New York Lawyer Kills Wife, Children and Self Amid Divorce

John Foxx/Stockbyte/Thinkstock(LEWISBORO, N.Y.) -- A Westchester County, N.Y., man bludgeoned his wife to death and then shot his two children before killing himself, police said Wednesday.

Samuel Friedlander, 50, appeared to have had a violent struggle with his wife and killed her with the leg from a piece of furniture before using a 12-gauge shotgun to kill his children and himself early Tuesday morning, police said.

Friedlander and his wife, Amy Friedlander, were supposed to meet for a divorce proceeding Wednesday, according to police.  Their Lewisboro, N.Y., house, advertised as having "cathedral ceilings and custom built-ins" on over an acre of wooded land in "sought-after" Michelle Estates, was up for sale with an asking price of $799,000.

The bodies were discovered at 3:40 p.m. Tuesday after Amy Friedlander's friend and business partner called 911 when she hadn't heard from her, according to Maj. Michael Kopy of the state police.

Police arrived at the locked house and asked the real estate agent in charge of selling the home to let them in using a lock box, Kopy said.  The realtor waited outside while police searched the home and found the bodies.

Amy Friedlander was found dead on the floor of the master bedroom and had not been shot, while the children -- Molly, 10, and Gregory, 8 -- were found in their respective beds, shot in their torsos, police said.  There was no sign of struggle with the children.

Samuel Friedlander shot himself in the basement of the family's home.  Police have not found a suicide note and said other rooms in the home showed no evidence of any struggle.

Kopy could not comment on any possible motives.

Samuel Friedlander was an attorney in northern Westchester County, where he handled criminal defense work and community-based real estate, Kopy said.  People that knew Friedlander told police they noticed his behavior had changed recently.

Police do not know where Samuel Friedlander got the gun.  He had no history of violence or mental illness, though police were once called out for a non-violent domestic dispute at the home, Kopy said.

Police said Wednesday that autopsies are still being performed on the bodies and the investigation into where and when the weapon was purchased will continue, in addition to interviews with family and friends.

Copyright 2011 ABC News Radio

Tuesday
Oct042011

Caught on Camera: Amanda Knox Attorney Reacts to Verdict

ABC News(NEW YORK) -- As Amanda Knox’s knees buckled and tears streamed down her face when the judge announced to a stunned Italian courtroom and to the world that the 24-year-old had been acquitted of murder, one of her attorneys watched and cheered from thousands of miles away.

Theodore “Ted” Simon watched the verdict come down Monday from a TV screen in New York City.

He watched in silence, making small notes, as the judge first announced that Knox had been found guilty of slander and would have to pay a fine.  But when the judge said, “Both defendants have been acquitted by the charges A, B, C,” referring to the murder charges, Simon let out a loud, “YES!” and fist-pumped the air.

“Thank God,” he said, then returned to his laptop.

In an interview with ABC's Nightline, Simon said the verdict ”absolutely makes clear” that Knox wasn’t responsible for the death of her British roommate, Meredith Kercher, and explained his reaction.

“My reaction was I was extremely appreciative, grateful and certainly thankful,” he said.  ”Not only for Amanda but for her family because this was a monumental wrongful conviction, and it finally was corrected.”

Simon went on to say that the next step for Knox and her family is to undergo “regrouping and serious reflection.”  Knox is expected to return home to Seattle immediately.

“[They will] start re-evaluating their lives and seeing things much differently without the horrific weight that has been burdening them for so long,” Simon said.  “This has been a four-year nightmarish marathon that no child, or parent should ever have to endure.”

Copyright 2011 ABC News Radio

Wednesday
May042011

Lawyer Paul Clement Files Brief for States Challenging Health Care Law

Comstock/Thinkstock(WASHINGTON) -- Powerhouse lawyer Paul Clement is not only representing the House of Representatives in its defense of the Defense of Marriage Act (DOMA), he is also the chief lawyer tasked with representing 26 states in a bid to have an appeals court strike down the Obama administration’s health care law.

Clement recently resigned from his top-shelf law firm, King & Spalding, when the firm abruptly reversed a decision to provide legal services to defend DOMA -- the federal law that defines marriage as being between a man and a woman.The firm was facing protests from gay rights groups for its stance in the case.

In his resignation letter Clement said that he "recognized from the outset" that the statute implicates sensitive issues "on both sides" but that "having undertaken the representation, I believe there is no honorable course for me but to complete it."

He also announced he would join the firm of Bancroft PLLC.

On Wednesday, Clement filed his first brief in the health care case, arguing that the law “rests on unprecedented assertions of federal power.”

He says the law “pushes even the most expansive conception of the federal government’s constitutional powers past the breaking point.”

Arguments are set for June 8.

Copyright 2011 ABC News Radio 







ABC News Radio