De Lima appeals denial of bail, bid to junk charge in 2nd drug case
Sen. Leila De Lima on Tuesday appealed the dismissal of her plea to post bail and junk the second drug case she is facing, as she questioned the "conspicuous absence" of one of their pleadings in Muntinlupa court's denial order......»»
DOJ appeals bail for suspects in missing sabungeros case
The Department of Justice is asking a Manila court to reverse its decision to grant bail to the six security guards allegedly involved in the disappearance of six sabungeros or cockfighting aficionados......»»
Criminal case filed vs Pura Luka Vega
A criminal charge has been filed against Pura Luka Vega by the Kapisanan ng Social Media Broadcasters ng Pilipinas Inc. for their controversial “Ama Namin” performance posted on social media in July. Leo Alarte of the KSMBPI submitted their organization’s complaints to the Pasay City Prosecutor’s Office on Monday. The case filed by the group was in connection with violation of Article 133 of the Philippine Constitution, which talks about “offending religious feelings,” as well as Section 6 of Article 201 of the Revised Penal Code in relation to the Cybercrime Prevention Act of 2012. The group said the complaints were in relation to Pura’s controversial “Ama Namin” performance, which the group described as “pambabastos sa Panginoon.” The KSMBPI said they were hurt by Pura Luka Vega’s Ama Namin performance, especially since the Philippines is among the Christian countries of the world. To recall, Pura was arrested and was held under the custody of the Manila Police District Station 3 in Quiapo, Manila, after the devotees of the Black Nazarene, Hijos del Nazareno, filed a complaint. Pura was released after posting bail after three days of being incarcerated. He expressed surprise to be served the arrest warrant as they did not receive the subpoena summoning them to court. They said the document was delivered to another address. Pura also reiterated that their “Ama Namin” performance was not meant to be disrespectful to people of faith. The post Criminal case filed vs Pura Luka Vega appeared first on Daily Tribune......»»
Philandering Quezon City cop nabbed
Members of the anti-scalawag unit of the Philippine National Police have arrested an active Quezon City cop facing a charge of concubinage in Makati City last 30 September. In a belated report yesterday, Brig. Gen. Warren de Leon, chief of the PNP Integrity Monitoring and Enforcement Group, said the suspect, Master Sergeant Ledesma Mollenido, 36, assigned at the Quezon City Police District was nabbed at a room at Airobez Hotel in Makati located along 5487 Boyle Street. Mollenido was arested by virtue of a warrant issued by Cavite judge Antonio Oyao Del Val last 29 September for concubinage. A P30,000 bail was set for the policeman’s temporary liberty. De Leon said the case was filed by Mollenido’s wife after discovering that her husband was cohabiting with another woman. He said Mollenido was arrested based on a tip-off of the hotel’s supervisor. Mollenido is currently detained at the IMEG custodial facility in Camp Crame “for documentation prior to the return of an arrest warrant to the issuing court,” De Leon said in a statement. The post Philandering Quezon City cop nabbed appeared first on Daily Tribune......»»
Ressa, Rappler acquitted of tax evasion
Nobel Laureate Maria Ressa and Rappler Holdings Corporation were acquitted by a Pasig court in a tax evasion case filed in connection with their supposed failure to declare tax in 2015. Atty. Francis Lim, counsel of Ressa, said his client and RHC were acquitted by the Pasig Regional Trial Court Branch 157 of violation of Section 255 of the National Internal Revenue Code (Tax Code) for the failure of the prosecution to prove their guilt beyond a reasonable doubt. All five tax evasion charges filed against the respondents have been junked by the Pasig RTC which was filed during the administration of former President Rodrigo Duterte. Ressa, 59 years old, shared the Nobel Peace Prize with Russian journalist Dmitry Muratov in 2021. She has been fighting multiple charges filed during the administration of former President Rodrigo Duterte. The journalist and Rappler had faced five government charges of tax evasion stemming from the 2015 sale of Philippine depositary receipts, which is a way for companies to raise money from foreign investors. In January, the Court of Tax Appeals First Division found Ressa and RHC not guilty on three counts of failure to supply the correct information and one count of tax evasion, amounting to P141 million worth of taxes, including surcharge and interest. The fifth charge was heard by a different court, which cleared her and Rappler of wrongdoing yesterday. However, Ressa and Rappler face an uncertain future as they battle another two court cases, despite the acquittals. Ressa and a former colleague Rey Santos Jr. are appealing a cyber libel conviction that carries a nearly seven-year jail sentence. The post Ressa, Rappler acquitted of tax evasion appeared first on Daily Tribune......»»
Malaysian court upholds ex-leader Najib’s audit tampering acquittal
A Malaysian court upheld on Tuesday the acquittal of jailed former prime minister Najib Razak on an audit tampering charge in the investigation into corruption at the 1MDB state wealth fund. Najib is serving a 12-year prison term on other graft charges related to the 1 Malaysia Development Berhad financial scandal. The plundering of the fund led to investigations around the world, including in the United States, Switzerland and Singapore, into the use of their financial systems to launder money. But Malaysia's Court of Appeal struck out the appeal by state prosecutors against the acquittal of the audit tampering charge after prosecutors did not submit documents in time, Najib's lawyer Mohamed Shafee Abdullah told AFP. "In this case, the prosecution evidently found no grounds for appeal, resulting in no petition being filed," he said in a statement. Najib, the 70-year-old leader of Malaysia for nine years until 2018, was acquitted in March after a Kuala Lumpur High Court judge ruled prosecutors failed to provide sufficient evidence that he had tampered with an audit report on scandal-racked 1MDB. That charge focused on allegations that Najib ordered a report by the government's official audit body on the 1MDB sovereign wealth fund to be altered in February 2016. Najib's co-accused, former 1MDB chief Arul Kanda Kandasamy, was also acquitted. The former Malaysian premier's acquittal from the tampering charge does not affect his current jail sentence and he faces dozens more charges that could lengthen that term. Najib's wife Rosmah Mansor was found guilty of graft in 2022 and sentenced to 10 years in prison. She remains on bail pending an appeal. The post Malaysian court upholds ex-leader Najib’s audit tampering acquittal appeared first on Daily Tribune......»»
US actor Kevin Spacey cleared of UK sex offenses
Hollywood actor Kevin Spacey was acquitted on Wednesday in Britain of nine alleged sex offenses, in the latest court victory for the Oscar winner who was one of the first huge stars felled by the #MeToo movement. The star of "American Beauty" and drama series "House of Cards", who turned 64 on Wednesday, was acquitted by majority verdicts in London following a trial lasting several weeks. "I'm enormously grateful to the jury for having taken the time to examine all of the evidence and all of the facts carefully before they reached their decision and I am humbled by the outcome today," he told reporters outside court. It comes less than a year after a New York court dismissed a $40 million sexual misconduct civil lawsuit brought against him, and follows charges of indecent and sexual assault being dropped in Massachusetts in 2019. Spacey's once-stellar career has been halted by the various allegations of sexual offences, which first emerged in 2017 and which he has always denied. The actor told Germany's Die Zeit that he expected to mount a comeback following the acquittal. "I know that there are people right now who are ready to hire me the moment I am cleared of these charges in London," he told the German national weekly. "The second that happens, they're ready to move forward." Madness The jury in London, which began considering the charges on Monday, cleared Spacey of all nine counts that he faced, after more than 12 hours of deliberations. The alleged offences included seven counts of sexual assault, one count of causing a person to engage in sexual activity without consent, and one count of causing a person to engage in penetrative sexual activity without consent. They were said to have occurred in 2005 and 2008 in London, and in 2013 in Gloucestershire, western England. Jurors heard evidence from the four alleged victims, who cannot be named for legal reasons. British rock star Elton John was also among those to testify, as a witness for Spacey. The prosecution claimed he was a "sexual bully" who revelled in making others feel uncomfortable, including by aggressively grabbing men's crotches. One of victims, a former aspiring actor, said he woke up to find Spacey performing a sex act on him, suggesting the actor "drugged" him. He was accused of grabbing another man's crotch "so hard" while driving to a fundraising event, that the car nearly came off the road. Spacey, whose full name is Kevin Spacey Fowler, called the claims "madness" and a "stab in the back". He had been on unconditional bail since first being charged in Britain last year, and on Wednesday walked out of the south London court a free man. The Crown Prosecution Service said it had charged him following "a thorough investigation" by London's Metropolitan Police. "It is the role of the jury to consider the charges and we respect the decision of the court," a spokesman added. Career success Spacey enjoyed a highly successful decades-spanning career with roles such as a middle-aged father lusting after a teen in "American Beauty," a serial killer in "Se7en" and the villain in "Superman Returns". He worked as artistic director at London's Old Vic Theatre between 2004 and 2015. In 2017 he was one of the first stars caught up in the global #MeToo movement as he was accused of sexual assault by multiple young men. He was dropped from the final season of the political drama "House of Cards" and other projects. A New York court dismissed a $40 million civil sexual misconduct lawsuit brought against him in October last year. The complainant, actor Anthony Rapp, alleged the star had assaulted him when he was 14. He brought the civil case after being told it was too late to bring a criminal charge but failed to convince the jury in that case. In 2019, charges of indecent and sexual assault were dropped against Spacey in Massachusetts. The post US actor Kevin Spacey cleared of UK sex offenses appeared first on Daily Tribune......»»
US actor Kevin Spacey due in UK court for sex offenses trial
Oscar-winning Hollywood actor Kevin Spacey was due in a London court on Wednesday to stand trial for a dozen sexual offenses which allegedly occurred more than a decade ago. The 63-year-old star of "American Beauty" and drama series "House of Cards" is facing a four-week trial at Southwark Crown Court in south London. Dozens of photographers and journalists gathered outside the court from 6:30 am (0530 GMT) on Wednesday hoping to catch a glimpse of Spacey, who arrived by taxi with his legal team not long after 8.00am. Walking past the cameras Spacey looked relaxed and gave a small wave, according to an AFP journalist. Spacey has been on unconditional bail since first appearing in court in Britain last year. The actor's stellar career has been halted by large numbers of allegations of sexual offences, although he has not been convicted of any crime. Last year he appeared at London's Old Bailey court to plead not guilty to five offences against three men, including four counts of sexual assault and one of causing a person to engage in penetrative sexual activity without consent. They allegedly took place in 2005 and 2008 in London, and in 2013 in Gloucestershire, western England. In November, prosecutors then announced seven additional charges involving another man, taking the total number of counts Spacey faces in the UK to 12. Denial The fresh counts, allegedly committed between 2001 and 2004, comprise three offences of indecent assault, three of sexual assault and one of causing a person to engage in sexual activity without consent. Spacey, whose full name is Kevin Spacey Fowler, appeared at Southwark Crown Court in January to deny all the new charges. He spoke only to confirm his identity and to enter the not guilty pleas. None of the alleged victims can be identified under English law and reporting restrictions prevent further details being disclosed before trial. Spacey enjoyed a highly successful acting career with roles such as a middle-aged father lusting after a teen in "American Beauty," a serial killer in "Se7en" and the villain in "Superman Returns". He worked as artistic director at London's Old Vic Theatre between 2004 and 2015. In 2017 he was one of the first stars caught up in the global #MeToo movement and was accused of sexual assault by multiple young men. He was dropped from the final season of the political drama "House of Cards" and other projects. Last year a New York court dismissed a $40 million sexual misconduct lawsuit brought against Spacey. The complainant, actor Anthony Rapp, alleged the star had assaulted him when he was 14. He brought the civil case after being told it was too late to bring a criminal charge. In 2019, charges of indecent and sexual assault were dropped against Spacey in Massachusetts. In court appearances, Spacey has denied all allegations of sexual assault. The post US actor Kevin Spacey due in UK court for sex offenses trial appeared first on Daily Tribune......»»
Sustain Dermalog warrants, CA asked
One of Dermalog’s joint venture agreement partners has urged the Court of Appeals to sustain the arrest warrants issued by Branch 224 of the Quezon City Regional Trial Court to detain four company officials in connection with a case for estafa. Verzontal Builders Inc. filed the petition before the CA in connection with the case it brought against the respondents in September 2021. The company claimed that after finishing their obligations under the JVA, it has not received from Dermalog the entire amount agreed upon as payment. Dermalog was accused by Verzontal of theft in the amount of P797,505,023. A German biometrics company, Dermalog served as the IT provider of the Land Transportation Office related to its driver’s licensing system. The prosecutor did not recommend bail for the respondents’ temporary release from custody due to the size of the amount. RTC Judge Zita Marie Magundayao Atienza-Fajardo ordered the arrest of Dermalog officials Gunther Mill, Randolf Sitz, Michael Schutt and Lynne Ocampo. Dermalog representatives were compelled but failed to appear before the Senate Blue Ribbon conducting public hearings on problems facing the LTO’s IT platform, including delays in the provision of services and alleged undue fees. The last hearing of the Senate committee snubbed by Dermalog was last 8 June. Its officials were in Germany, according to its lawyer. Dermalog, the senators noted, is also facing allegations of wrongdoings in Indonesia, Angola, and Haiti. The LTO’s IT contract is currently being audited by the Commission on Audit to see if the problems auditors identified in the 2021 audit report had been fixed. The post Sustain Dermalog warrants, CA asked appeared first on Daily Tribune......»»
Phl judge steps down from jailed Duterte critic’s case
The lawyers for jailed Philippine human rights activist Leila de Lima vowed to win her freedom after a judge who recently denied her bail quit the trial on Friday. De Lima, one of the most outspoken critics of former president Rodrigo Duterte and his deadly anti-drug war, has been in prison for more than six years on narcotics-related charges. She says the three charges -- two of which have been dismissed -- were fabricated to silence her. Romeo Buenaventura, the judge in the trial over the remaining charge, stepped down on Friday, saying his decisions in the case are "vulnerable to charges of bias and partiality", according to a copy of the ruling seen by AFP. The case will now be assigned to a new court that de Lima's lawyers said will hopefully grant bail, which Buenaventura had denied on 7 June. De Lima's lawyer Filibon Tacardon told AFP that the campaigner is "steadfast in her resolve that her vindication is near". Buenaventura faced calls from de Lima and other defendants to recuse himself on the grounds that he had failed to disclose that his brother had served as a lawyer for a prosecution witness who had since recanted his testimony. The judge has rejected allegations of bias. De Lima, 63, is accused of taking money from inmates inside the largest prison in the Philippines to allow them to sell drugs while she was the justice minister from 2010 to 2015. Multiple witnesses, including prison gang bosses, died or recanted their testimonies, resulting in the dismissal of two charges against de Lima. The mother of two still faces life in prison if she is convicted on the remaining charge. Since President Ferdinand Marcos came into office in June last year, there have been renewed calls from human rights groups, foreign diplomats and politicians for de Lima's release. While in jail, she suffered various health problems including one that required surgery. In October 2022, she was briefly taken hostage during an attempted breakout by three detained Islamist militants. Before her arrest in February 2017, de Lima had spent a decade investigating "death squad" killings allegedly orchestrated by Duterte during his time as Davao City mayor and in the early days of his presidency. The post Phl judge steps down from jailed Duterte critic’s case appeared first on Daily Tribune......»»
Acquiescence results in loss of confidence
If an anomaly was committed in a company, can the supervisor who knew about it even though she did not participate in it be punished for indifference? Can this cost her job? After all, she did not commit the act himself. Let us see how the Supreme Court decided the fate of Ruby del Rosario in Ruby del Rosario v. CW Marketing & Development Corp. et al. (GR 211105 promulgated on 20 February 2019). Ruby was the sales supervisor of CW Marketing at its Home Depot, Balintawak branch. As such, she was assigned a computer connected to a printer/scanner. She alone was taught by CW’s IT department how to operate the machine. In October 2010, the Hong Kong and Shanghai Banking Corp. reported to CW Marketing that it had received falsified pay slips and identification cards from CW employees applying to HSBC for credit cards. Upon investigation, it was discovered that the bogus documents were printed out of Ruby’s computer using the scanner/printer assigned to her. She was sent a notice to explain. She admitted to knowing the falsified documents submitted by her subordinates but denied participation in it. She said they had merely used her computer. After the administrative hearing, Ruby was terminated for violation of the Employee Handbook. She immediately filed for illegal termination with the National Labor Relations Commission or NLRC. In his decision, the Labor Arbiter found CW Marketing guilty of illegally terminating Ruby. He opined that CW Marketing failed to prove that Ruby committed the falsification of the documents. On appeal, the NLRC reversed the Labor Arbiter. It found that CW Marketing properly terminated Ruby for loss of trust and confidence. When the matter was brought to the Court of Appeals, said court sustained the valid termination on the ground cited by the NLRC. Thus, Ruby had no recourse but to go to the Supreme Court. The High Court ruled: “We are hard-pressed to reverse the NLRC’s and the CA’s uniform factual findings that as sales supervisor, Del Rosario held a fiduciary position. The NLRC’s finding was supported by substantial evidence, or such evidence as a reasonable mind might accept as adequate to support a conclusion. We have previously ruled that in the case of supervisors or personnel occupying positions of responsibility, loss of trust justifies termination. Loss of confidence as a just cause for termination of employment is premised on the fact that an employee concerned holds a position of trust and confidence. “Specifically in this instance, Del Rosario was entrusted with the custody, handling, or care and protection of the employer’s property. In fact, she was assigned the lone computer at the Home Depot branch, which was connected to the printer/scanner, and as a result, she was the only user taught by the company’s IT personnel how to operate the machine. “In this case, Del Rosario herself unwittingly provided proof of her infractions. At the outset and repeatedly thereafter, Del Rosario admitted to the assignment to her of the main computer connected to a shared network and a printer/scanner which became her accountability. She then admitted knowledge and awareness of others’ usage of her computer; the edited and falsified documents authored by her subordinates through the same computer; and even their submission of these falsified documents to HSBC in connection with their credit card applications. “Del Rosario attempted to extricate herself from liability by insisting that she never falsified any of the questioned documents and only her subordinates who used her computer effected the falsification thereof. Unfortunately for Del Rosario, the charge against her is not the criminal act of falsification but the totality of her acts as supervisor, including her negligence and want of care for company property entrusted to her. “Clearly, while the actions of Del Rosario do not point to her direct participation in the fraudulent scheme, which negatively bore on CW Marketing’s reputation and credit standing with banks, in general, and HSBC, in particular, her actions evinced that she knew fully well that some of her subordinates were falsifying documents using company property. “From this point on, Del Rosario deliberately kept silent over her subordinates’ actions resulting in damage to CW Marketing. Moreover, her awareness of the identities of the culprits and her insistence that she did not herself falsify the documents demonstrate her sheer apathy to CW Marketing not worthy of her position as sales supervisor.” The facts and citation are from the case above cited. The post Acquiescence results in loss of confidence appeared first on Daily Tribune......»»
Drug trafficking charge against De Lima dismissed
Jailed Philippine human rights campaigner Leila de Lima was acquitted Friday on one of two remaining drug trafficking charges filed against her under the Rodrigo Duterte administration, court officials said, putting her a step closer to freedom. De Lima, a former senator, and justice minister, has been detained since February 2017 on charges she and human rights groups say were fabricated as payback for going after Duterte and his deadly war on drugs that left thousands dead. About 50 supporters chanted "Free Leila Now" and "Junk the Fake Evidence" as they gathered outside the heavily guarded courtroom, which was off limits to the media. The former senator and justice minister, 63, and another defendant "are hereby acquitted of the crime charged on the ground of reasonable doubt," said a written copy of the ruling released by regional trial court judge Abraham Alcantara. "Glorious day," a relieved de Lima told reporters as police escorted her back to a police coaster after the court session, describing the result as the "beginning of my vindication". Despite the acquittal, she will stay in jail as her trial in the other criminal case continues. She has applied for bail and is waiting for the judge's decision. De Lima, 63, faces life in prison if convicted of the remaining charge. She is accused of taking money from inmates inside the country's largest prison in exchange for allowing them to sell drugs while she was justice minister from 2010-2015 under then-leader Benigno Aquino. But the prosecution's case has been falling apart as two of their witnesses died and one of the three charges against her was dismissed. Multiple witnesses have recanted their testimonies, claiming they were coerced into making allegations against de Lima. A UN Working Group on Arbitrary Detention concluded in 2018 that de Lima's detention was "arbitrary given the absence of a legal basis" and that her right to a fair trial had not been "respected". Since President Ferdinand Marcos took power, there have been renewed calls from diplomats and rights defenders for de Lima to be released. Before her arrest in 2017, de Lima had spent a decade investigating "death squad" killings allegedly orchestrated by Duterte during his time as Davao City mayor and then in the early days of his 2016-2022 presidency. She conducted the probes while serving as the nation's human rights commissioner, and then from 2010 to 2015 as justice secretary in the Benigno Aquino administration that preceded Duterte's rule. De Lima won a Senate seat in 2016, becoming one of the few opposition voices as the populist Duterte enjoyed a landslide win. But Duterte then accused her of running a drug trafficking ring with criminals. The charges were an act of "vengeance" by Duterte to silence her and warn others not to oppose him, de Lima told AFP previously. Campaigning from behind bars, de Lima made a failed bid for re-election to the Senate in last year's elections. The lawyer and mother of two has been held in a compound for high-profile detainees, rather than in one of the Philippines' overcrowded jails. It is not unusual for court cases to drag on for years in the creaky justice system, which is overburdened, underfunded and vulnerable to pressure from the powerful. The post Drug trafficking charge against De Lima dismissed appeared first on Daily Tribune......»»
Remulla to De Lima: ‘Good luck’ on case promulgation
Justice Secretary Jesus Crispin Remulla yesterday wished detained former Senator Leila De Lima good luck on the promulgation of her two remaining drug cases pending at the Muntinlupa City Regional Trial Court. The Muntinlupa RTC Branch 204 is set to promulgate tomorrow the two remaining drug cases against the former lawmaker for allegedly benefiting from the illegal drug trade inside the New Bilibid Prison when she was still Justice secretary. “Good luck to her. I don’t even know the judge, I don’t talk with the prosecutors about it. It has been ongoing for the past six years, so good luck,” said Remulla when asked for comment on the impending promulgation. “I cannot weigh in on that. I cannot interfere with the way of the court,” Remulla added. The promulgation, scheduled at around 8:30 a.m. tomorrow, 12 May, is expected to be attended by de Lima, who has been in jail since 2017. Should she be cleared by Muntinlupa Branch 204 Presiding Judge Joseph Abrahan Alcantara, her acquittal will not pave the way for her immediate release from detention as she still has another pending drug case before the Muntinlupa RTC Branch 256, which earlier deferred its ruling on De Lima’s petition for bail. The drug case to be promulgated tomorrow stemmed from the affidavit executed on 5 September 2016 by former officer-in-charge of the Bureau of Corrections Rafael Ragos, who claimed that in November 2012, as BuCor OIC and together with aide Jovencio Ablen, he delivered a black bag containing P5 million to De Lima and her bodyguard Ronnie Dayan at the former’s residence in Paranaque. He added that they made another delivery of money contained in a plastic bag in December 2012 to De Lima and Dayan. Ragos said the money came from drug lords inside the NBP, to support De Lima's senatorial bid in 2013. But in May 2022, Ragos recanted his statements and accused former Justice Secretary Vitaliano Aguirre of coercing him to execute an affidavit that implicated De Lima in the NBP drug trade. The post Remulla to De Lima: ‘Good luck’ on case promulgation appeared first on Daily Tribune......»»
North Luzon journalist, activists also granted bail in rebellion charge
Community journalist Oconer considers the rebellion case a badge of honor......»»
Political prisoner sues police, jail guards for ‘torture, cruelty’
“The subtext of our legal submissions is that hers is a case of patent abuse of authority by the state — of a negotiated procurement of defective search warrants; of a crackdown not on crime, but on legitimate dissent; of an oft recycled charge of illegal possession of firearms and explosives lodged against activists filed not on the basis of fact and evidence, but on the convenience of the unavailability of posting bail as a matter of right.” The post Political prisoner sues police, jail guards for ‘torture, cruelty’ appeared first on Bulatlat......»»
Patriots owner s prostitution case heads to appellate court
By TERRY SPENCER Associated Press FORT LAUDERDALE, Fla. (AP) — Prosecutors charging New England Patriots owner Robert Kraft with twice buying sex from massage parlor prostitutes will attempt to save their case this week by arguing to an appeals court that his rights weren't violated when police secretly video-recorded him in the act. Prosecutors will tell the Florida Fourth District Court of Appeal during an online hearing Tuesday that a county judge erred when he invalidated the January 2019 search warrant allowing police to install secret cameras at Orchids of Asia spa as part of an alleged sex trafficking investigation. The judge said the warrant didn’t sufficiently protect the privacy of innocent customers who received legal massages, and he barred the videos’ use at trial as well as testimony about what they showed. If the ruling stands, it will deal a fatal blow to the prosecution's case. “Mr. Kraft's guilt is a virtual certainty” and he has no right to benefit from any possible mistakes police made involving innocent customers, Deputy Solicitor General Jeffrey DeSousa wrote in court documents. Kraft's attorneys vehemently disagreed, arguing that if the three-justice panel allows the videos' use, “civil liberties cherished in Florida and beyond” will be endangered. “If the state wins this appeal, then everyone loses, not just the accused,” attorney Frank Shepherd wrote. “Government could run roughshod over privacy and constitutional rights while evading scrutiny.” The Jupiter police recordings led to misdemeanor charges against Kraft and two dozen other alleged Orchids of Asia customers. The spa owners and some employees are charged with prostitution-related felonies. Most cases are in limbo while the appeals are heard. If prosecutors can’t use the videos, they would almost certainly dismiss any misdemeanor charges awaiting trial. Some defendants took plea deals but Kraft refused. The felony cases could proceed, as those have other evidence besides the videos. Kraft, a 79-year-old widower and part-time Palm Beach resident, has pleaded not guilty but issued a public apology. He faces a possible one-year jail sentence if convicted, but would likely receive a fine, community service and other sanctions. Kraft, whom Forbes Magazine ranks as the 82nd richest American with a worth of almost $7 billion, is employing several high-priced attorneys to fight the charges. DeSousa submitted several arguments against Palm Beach County Judge Leonard Hanser's ruling. Among them: — The warrant is valid because police minimized any privacy invasion by having only three detectives monitor video. Any further minimization, such as recording only snippets of each massage, would have made the investigation impossible. — Kraft illegally paid for sex and is lawfully covered by the warrant, even if the justices determine police violated innocent customers' privacy rights. — If the warrant is invalid, the detectives relied on it “in good faith” and a sanction banning the video is too extreme. Shepherd submitted several counterarguments for Kraft. They include: — Detectives' privacy protection efforts were insufficient because they recorded seminude men and women receiving legal massages, making the Kraft recordings also illegal. — Police had enough evidence to charge the spa owners with felonies without recording, making the cameras “wholly gratuitous." — The evidence detectives presented to obtain the magistrate's warrant approval was “deliberately misleading,” negating any argument they acted in good faith. The justices won’t immediately rule after the hearing; decisions usually takes weeks. The losing side will likely appeal to the Florida Supreme Court, which could accept the case or let the justices’ ruling stand. Authorities say the Orchids of Asia investigation was part of a multicounty probe into possible sex trafficking by spa owners who they believe brought women from China and elsewhere to work as prostitutes. About 300 people were charged with various felonies and misdemeanors, but no trafficking charges were pursued — prosecutors say they received no cooperation from masseuses whom they suspect were trafficked. According to police, Kraft's chauffeur drove him to Orchids of Asia on the evening of Jan. 19, 2019, where detectives recorded him engaging in a sex act with two women and then paying an undetermined amount in cash. Investigators said Kraft returned the next morning and engaged in recorded sex acts with a woman before paying with a $100 bill and another bill. Hours later, Kraft was in Kansas City for the AFC Championship game, where his Patriots defeated the Chiefs. His team then won the 2019 Super Bowl in Atlanta, the Patriots’ sixth NFL championship under his ownership. Prosecutors offered to drop the charges if Kraft entered a diversion program for first-time offenders. That would include an admission he would be found guilty if the case went to trial, a $5,000 fine, 100 hours of community service and attending a class on the dangers of prostitution and its connection to human trafficking. The hearing is scheduled to begin at 10 a.m. EDT Tuesday on the court's YouTube channel......»»
SC upholds decision granting Napoles bail in one PDAF case
Pork barrel scam mastermind Janet Lim-Napoles and former Masbate Rep. Rizalina Seachon-Lanete have been allowed to post bail after the Supreme Court dismissed a case related to the Priority Development Assistance Fund......»»
Court of Appeals revives 2 cases against Kerwin Espinosa
Espinosa walked free from detention last year after posting bail in his remaining criminal cases, sources tell Rappler.....»»
Ex-Munti mayor cleared of P97 million graft charge
The Sandiganbayan has acquitted former Muntinlupa mayor Aldrin San Pedro of a graft case that stemmed from the allegedly anomalous procurement of P97.52 million worth of fire trucks from 2008 to 2009......»»
Cebu City drug bust: 5 persons nabbed, P102,000 ‘shabu’ seized
CEBU CITY, Philippines – A Cebu City drug bust led to the arrest of a man, who was once arrested for a drug case and released on bail, and his nephew and 3 others after a buy bust in Barangay Basak-San Nicolas, Cebu City on Thursday evening, February 15, 2024. The operation, which was initiated.....»»
Prosecutors push arson charge vs director Jade Castro, companions
'We were hoping that the prosecutor would dismiss the case and my brother and his friends could go home. But we are still optimistic that when this reaches the court, the judge will clearly see that my brother and his friends are innocent,' Castro's family says.....»»