12/03/2012

Court removes judge from Fort Hood shooting trial

Reuters

The issue of whether Maj. Nidal Hasan, charged with 13 counts of murder, should shave his beard resulted in a judge's removal.

By Isolde Raftery, NBC News

The highest military appellate court ordered on Monday the removal of the judge overseeing the trial of Nidal Hasan, an Army psychiatrist charged with killing 13 people at the Fort Hood Army base in 2009.

The U.S. Court of Appeals for the Armed Forces wrote in an opinion that Col. Gregory Gross should be removed for the appearance of bias -- in part because he demanded that Hasan's beard be shaved.

"The command, and not the military judge, has the primary responsibility for the enforcement of grooming standards," the court wrote in a 10-page opinion. "A military judge's contempt authority is directed toward control of the courtroom. Although the military judge here stated that (Hasan's) beard was a 'disruption,' there was insufficient evidence on this record to demonstration that (his) beard materially interfered with the proceedings."


Further, the opinion stated, the judge and his family were present at Fort Hood on the day of the shootings.

"While this fact alone is not disqualifying, when viewed in light of the factors identified above, an objective observer might reasonably question the military judge's impartiality," the opinion read.

Related: Court rules Fort Hood shooting suspect Nidal Hasan must shave beard  

Army grooming standards prohibit beards but allow for religious exceptions. Judge Gross had denied Hasan's request for such an exception. He found that Hasan's claims of religious sincerity did not outweigh prosecutor's arguments that Hasan grew the beard just before his August trial date so witnesses wouldn't be able to identify him in court.

Hasan, 42, faces the death penalty or life in prison without parole if convicted in the Nov. 5, 2009, attack at the Army post about 130 miles southwest of Dallas. In addition to those killed, 29 were wounded. His trial had been placed on hold pending the issue of whether he must shave his beard.  

His lawyers argued that he wears a beard because of he is devoutly Muslim and that requiring him to shave it would amount to religious discrimination.

Monday's court opinion does not resolve the issue of his beard, however: "Should the next military judge find it necessary to address (his) beard, such issues should be addressed and litigated anew."

A new judge has not been assigned to the case.

The Associated Press and Reuters contributed to this report.

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Lenny Dykstra sentenced in fraud case

Lenny Dykstra led the New York Mets to a World Series championship in 1986.
Lenny Dykstra led the New York Mets to a World Series championship in 1986.
  • Former Mets star amassed fortune playing baseball and investing in stocks
  • He had faced up to 20 years but pleaded guilty to three felonies
  • Dykstra admitted he had sold items from his mansion after creditors seized property
  • He was already in prison, serving a three-year sentence for another crime

(CNN) -- Lenny Dykstra, the former New York Mets outfielder who became a successful self-taught investor, was sentenced Monday to 6 1/2 months in federal custody following bankruptcy fraud and other federal charges, authorities announced Monday.

Dykstra, 49, faced 20 years in prison but prosecutors recommended 2 1/2 years following his guilty plea to three felony counts -- bankruptcy fraud, concealment of assets and money laundering, according to U.S. Attorney spokesman Thom Mrozek.

Dykstra is already serving a three-year state prison sentence after pleading no contest in July to grand theft auto in a separate case.

The federal indictment stemmed from a bankruptcy case that Dykstra filed on July 7, 2009. Dykstra was accused of removing, destroying and selling property that was part of the bankruptcy estate without the permission of the bankruptcy trustee.

In the bankruptcy filing, Dykstra had listed assets of $24.6 million and overall debts of $37.1 million. Among the assets listed were two residences: a Ventura County mansion in Lake Sherwood Estates he had purchased from hockey legend Wayne Gretzky valued at $18.5 million, and a home in Westlake Village that he estimated was worth $5.4 million.

During his financial turmoil, Dykstra's personal property became part of the bankruptcy estate that would be used to pay off creditors.

In his guilty plea in July, Dykstra specifically admitted he committed bankruptcy fraud by lying about whether he had taken and sold items from his $18 million Sherwood mansion after creditors seized the property. Dykstra also admitted that there were at least 10 creditors who were victims of his crimes, and those victims each lost between $200,000 and $400,000.

Dykstra, who was nicknamed "Nails" for his all-out playing style, was a key member of the New York Mets team that won the 1986 World Series. By the time he retired after 12 seasons, he had earned at least $36.5 million while a major leaguer, according to Baseball-Reference.com.

As a self-taught financial analyst, Dykstra proclaimed himself a financial guru and began writing a stock-picking website column. His prominence soared as a sports celebrity, entrepreneur and popular guest on numerous financial news broadcasts. In 2008, Dykstra began publishing the Players Club, a glossy financial advice magazine exclusively for pro athletes to help them with wealth management and investment banking.

But Dykstra seemed to lose control of his extravagant jet-setting lifestyle during the housing bust.

When Dykstra filed for bankruptcy in 2009, his only income was a $5,700 monthly pension from Major League Baseball, records show. As part of the federal sentence, U.S. District Judge Dean Pregerson ordered Dykstra to perform 500 hours of community service and pay $200,000 in restitution.

He also was sentenced earlier this year to nine months in jail after pleading no contest to charged of indecent exposure to women he met through Craigslist.

Mexican nationals charged in US Coast Guardsman's death

AP Photo/U.S. Coast Guard/ Lt. Stewart Sibert

This undated photo provided by the U.S. Coast Guard shows Chief Petty Officer Terrell Horne III, stationed on the Cutter Halibut. Horne died early Sunday from injuries sustained during law enforcement operations near Santa Cruz Island, Calif.

By NBC News staff and wire services

Federal prosecutors on Monday charged two Mexican nationals in the killing of a Coast Guardsman who died during a counter-drug operation off the California coast.

Chief Petty Officer Terrell Horne III was killed Sunday when he was thrown off a Coast Guard cutter after a suspicious vessel rammed into it, according to a news release from the U.S. Attorney's office in Los Angeles. Horne died from a traumatic head injury. Another guardsman was treated for minor injuries.

The suspects, Jose Meija-Leyva and Manuel Beltran-Higuera, were both expected to make initial court appearances in Los Angeles Monday, according to the U.S. Attorney's office. Meija-Leyva told investigators that he was the captain of the "panga" boat, the release said.

A panga is an open, low-sided fishing boat that is favored by Mexican smugglers, according to The Associated Press.


Early Sunday, the Cutter Halibut approached the suspicious boat, and personnel identified themselves as law enforcement, the U.S. Attorney's office said. After a confrontation that resulted in the panga's ramming the Coast Guard boat, Horne and another guardsman were thrown into the water.

The panga boat fled the scene, according to authorities, but was intercepted by a Coast Guard vessel about 20 miles north of the U.S.-Mexico border. At that time, suspects Meija-Leyva and Beltran-Higuera were detained, the U.S. Attorney's office said.

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Horne, 34, was a 14-year veteran of the Coast Guard.

"Our fallen shipmate stood the watch on the front lines protecting our nation, and we are all indebted to him for his service and sacrifice," Coast Guard commandant Admiral Robert J. Papp told the AP.

The Los Angeles Border Enforcement Security Task Force in San Pedro, Calif. is investigating.

The number of suspected smuggling vessels spotted on California shores by U.S. authorities has more than quadrupled since 2008, according to the AP.

The Associated Press contributed to this report.

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Teen players kill soccer official

 A file photo of a linesman raising his flag during a soccer match.
A file photo of a linesman raising his flag during a soccer match.
  • A 41-year-man dies in hospital following attack after a soccer match
  • Assistant referee Richard Nieuwenhuizen was beaten up by three teen players
  • He had been officiating during an amateur game involving his club Buitenboys
  • The trio were arrested at their Amsterdam home on Sunday, according to reports

(CNN) -- A volunteer Dutch soccer official died on Monday after being beaten up by teenage players following a match the previous day.

Richard Nieuwenhuizen was pronounced dead at 5.30 p.m. local time in the hospital of Nieuwegein, according to his club Buitenboys.

The 41-year-old had been a linesman in an amateur game between Buitenboys and Amsterdam-based Nieuwe Sloten in the city of Almere.

He was attacked after the match by three Nieuwe Sloten players, who were arrested at their homes in Amsterdam on Sunday according to the Dutch News website.

"The KNVB is deeply shocked ... After intervention of the police and the arrival of an ambulance, he was in critical condition and transported to a hospital. There he died Monday afternoon," reported the website of the Royal Dutch Football Association (KNVB).

Its director of amateur football, Anton Binnenmars, added: "Let me, on behalf of the entire KNVB and all its members, offer my sympathy to the families and friends of the victim. It is outrageous that someone enjoying a hobby can be victim of such aggression."

Nieuwe Sloten issued a statement on its website saying the club would help with the police investigation, and that anyone involved in the attack would be expelled.

"Violence should not be on the football fields. And certainly not against referees, linesmen and all those others who volunteer each year to over a million amateur footballers. We must do everything possible to eliminate these excesses," it said.

Defense posts Zimmerman photo from night of Martin shooting

Provided by gzlegalcase.com

George Zimmerman's defense team on Monday posted this photo online, which was taken by a police officer on the night of Feb. 26, 2012.

By NBC News staff and wire services

The defense team for George Zimmerman on Monday posted a high-resolution color photo of the Florida neighborhood watch leader taken by police the night 17-year-old Trayvon Martin was fatally shot.

The Feb. 26 photo, which was previously released as a black-and-white photocopy, was provided as a high-resolution digital file to the defense on Oct. 29.

The shooting took place when Zimmerman encountered Martin, who was unarmed and walking through the Sanford, Fla., neighborhood where his father lives.


Earlier this year, Zimmerman, now 29, pleaded not guilty to a charge of second-degree murder in the shooting death of Martin. In the highly publicized case, which has drawn national attention, Zimmerman maintains that Martin attacked and beat him. In July, he was released from Seminole County Jail after posting $1 million bond. Zimmerman remains out on bail and is in seclusion.

Martin's family has called for a change in Florida's "Stand Your Ground" law, which allows the use of force in self-defense, when there is a reasonable belief of an unlawful threat.

Zimmerman's lawyers posted the following statement about the photo:

"This is a photo of George Zimmerman taken by a police officer on the night of February 26, 2012. A black and white photocopy of this image was provided by the State in the first Discovery. This high-resolution digital file was finally provided to the defense on October 29, 2012. This image was disclosed in the State's 9th Supplemental Discovery.  In accordance with the updates to our media policy that we published on November 13, we will be making all public documents related to the case available on our website, including the rest of the State's 9th Supplemental Discovery as soon as we are sure it has been properly redacted according the the Court's stipulations on protecting information regarding specific witnesses."

A spokesperson for the office of Special Prosecutor Angela Corey did not immediately respond to an email request for comment Monday.

Benjamin Crump, an attorney for the Martin family, did not immediately respond to NBC News' request for comment Monday. However, Crump told Reuters that the photo doesn't add anything new to the case, since previously released evidence showed Zimmerman was hit in the nose during the fight with Martin.

"Trayvon Martin was defending himself. He had every right to stand his ground to defend himself," Crump told Reuters.

On Monday, Zimmerman's defense also filed a motion asking to re-depose police witness William Erwin, the Orlando Sentinel reported.

In October, a judge ruled that Zimmerman's attorneys can subpoena Martin's schools for his discipline records but must keep anything they obtain private. Zimmerman is set to face trial June 10.

Reuters contributed to this report.

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Details in Belcher murder-suicide emerge as families grieve

Frank Eltman / AP

Yamiesse Lawrence, left, and Quaresha Boston, standing next to Lawrence, a cousin and niece, respectively, of Kansas City Chiefs linebacker Jovan Belcher, read a statement to the media in West Babylon, N.Y., on Monday.

By NBC News and wire services

After receiving a call about a disturbance involving an armed person, police officers arrived at the parking lot of the Kansas City Chiefs' practice facility, where they spotted several people. Then one of the people — who turned out to be linebacker Jovan Belcher — spotted police, and moved behind a vehicle.

"From that position Belcher shot himself one time in the head," according to one of two incident reports released by the Kansas City (Mo.) Police Department on Monday. Belcher, 25, was taken to a hospital, where he died.

The reports begin to piece together the events around the apparent murder-suicide by the Chiefs linebacker on Saturday.


According to the Associated Press, police hope to deliver an investigative report to prosecutors Tuesday laying out what prompted Belcher to kill his girlfriend, Kasandra Perkins, who was mother of his 3-month-old daughter, and himself.

"They're moving it along just like any other case," Kansas City police Sgt. Marisa Barnes told the AP. "There's a formal process it has to go through."

Jamie Squire / Getty Images file

Inside linebacker Jovan Belcher of the Kansas City Chiefs watches from the sidelines during his final game, against the Denver Broncos at Arrowhead Stadium in Kansas City, Mo., on Nov. 25.

The other report released Monday recounts police responding to a call reporting a shooting that came in just nine minutes earlier, pointing them to the home Belcher shared with Perkins, 22. Upon arrival, they found Perkins on the floor of the master bedroom, unresponsive and suffering from apparent gunshot wounds. She was pronounced dead at the hospital.

After shooting Perkins, Belcher drove his black Bentley to the practice facility, about 7 miles away, where he spoke briefly to Chiefs general manager Scott Pioli, head coach Romeo Crennel and an assistant coach, before shooting himself. 

Kansas City police spokesman Darrin Snapp confirmed that the gun was one that Belcher had purchased legally.

Snapp also said Monday that Belcher's mother, who had been staying with the couple, was given temporary custody of the couple's daughter, Zoey, the AP reported.

Perkins' family released a statement Monday. They thanked the public for an outpouring of concern and support.

"Our hearts are truly broken for Kasi was a beloved daughter, granddaughter, sister, mother, cousin and friend," the statement said. "At this time we request the media respect our privacy during this difficult time as we grieve for our loved one. Please keep us in your hearts and prayers as well as the Belcher family for two lives were lost."

Perkins was a cousin of Chiefs running back Jamaal Charles' wife, Whitney, and it was through Whitney that she met Belcher, a friend told the AP on Sunday.

Jamaal and Whitney Charles also released a statement.

"Our family has suffered a personal tragic loss...." they said. "Kasandra was not only family, but a friend and a loving mother. As my actual family and my Kansas City Chiefs family have been altered forever, we ask that you keep us and most importantly their child in prayer."

NBC News' Kari Huus contributed to this report.

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Defense companies expect cuts

(CNN) -- Defense company executives conceded on Monday that their industry would likely see billions more in cuts even if Congress reaches a deal to avoid the fiscal cliff.

"We need to stop believing or pretending that there is a scenario out there that offers no defense cuts," said David Langstaff, president and chief executive of TASC, Inc. "The question is whether we make them responsibly or irresponsibly."

The automatic cuts, referred to as sequestration, are set to go into effect on January 2 if the White House and Congress cannot agree on where $1 trillion in federal savings over the next decade should come from.

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The Pentagon's budget would be axed by $500 billion over that time. That would be on top of a similar cut the Pentagon is already committed to achieving.

Langstaff discussed the threat of the looming budget cuts at the National Press Club along with three other defense industry executives: Wes Bush, CEO of Northrop Grumman; David Hess, president of Pratt & Whitney; and Dawne Hickton, CEO of RTI Metals.

The executives would not put a number on the kind of cut the industry could sustain, but said the political uncertainty around congressional negotiations to avoid the most difficult scenario is worse for business.

"The real alternative to automatic defense spending cuts under sequestration is not an indefinite extension of defense spending at current levels," Langstaff said. "The real alternative is a process of strategically targeted, phased and predictable defense spending cuts."

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The group sent a letter signed by more than 130 defense industry executives to President Barack Obama and congressional leaders urging them to find a way to avoid sequestration with less than a month to act.

"We urge you and Congress to join together on immediate, bipartisan action to avert the upcoming "fiscal cliff," the letter stated. "No more pressing issue remains on the national agenda this year."

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