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Austin Scott files lawsuit against Penn State
Oct-20-2009 2198 0


A former Parkland High School star football player removed from Penn State's team two years ago amid rape allegations has filed a federal lawsuit against the college, prosecutors and his accuser alleging they destroyed his chances for an NFL career.

Austin Scott's lawsuit claims authorities should not have filed the charges, which were eventually dropped, because they knew his accuser, Desiree Minder of Pottsville, had previously made false rape allegations against a student at Moravian College.

South Whitehall attorney John P. Karoly Jr. filed the multimillion-dollar lawsuit Tuesday in federal court in Williamsport, and it was posted to the court's online database this morning.

Karoly, who has succeeded in winning multimillion-dollar awards against Lehigh Valley police departments for excessive force claims, promised two years ago he would file a suit on Scott's behalf. At that time, Karoly compared the investigators to "lynch mobs." Scott is black and his accuser and the prosecutors are white.

Just as Karoly has attacked the inner workings of police departments, the lawsuit raises questions about the motives of the prosecutors and Penn State University Police Force investigators and questions the abilities of their supervisors.

The case was ready to go to trial and a jury had been selected in October 2008. But the prosecutors dropped the charges when the judge decided evidence could be presented showing the woman had a pattern of making such allegations. Four years earlier, she had accused a Moravian College student of rape. A Northampton County jury acquitted him.

In the lawsuit, Karoly says the accuser told Centre County authorities "within the first two minutes" of a conversation that she had been raped before. The lawsuit claims authorities and the accuser all conspired maliciously to go forward with the prosecution, violating Scott's civil rights.

Karoly claims the main prosecutor in Scott's case, Centre County Assistant District Lance Marshall, pursued the case to "to curry favor" with Scott's accuser.

The suit further claims Centre County District Attorney Michael Madeira knew of Marshall's "proclivities prior to the unlawful arrest and prosecution of Austin Scott."

Marshall resigned from his job in December amid allegations he made inappropriate sexual advances toward a victim of domestic violence, and Madeira is seeking re-election, according to the Centre Daily Times.

Marshall and Madeira, as well as seven members of Penn State University's police force involved in the investigation, are named individually as defendants.

The lawsuit says they all conspired in the October 2007 arrest of the then 22-year-old Scott and, as a result, diminished his potential "earning capacity" in the NFL.

The lawsuit claims Scott was slated to be a third- or fourth-round draft pick for the National Football League prior to the false allegations and false arrest, which prompted his removal from Penn State's team.

Scott was one of the greatest high school football players in the Lehigh Valley's history, leading Parkland to a state championship in 2002. His career at Penn State was mixed, partly because of injuries, and is remembered mostly for fumbling in the red zone in a game against Michigan. He was removed from the team after the female student accused him of raping her in his campus apartment Oct. 5, 2007. Scott said the sex had been consensual just as the man at Moravian College had four years earlier.

Scott has not played a full football season since.

Last year, Scott was invited to attend the Cleveland Browns training camp and played in the preseason games. But he was cut from the roster before the NFL's regular season.

Scott, 24, of East Stroudsburg, remains an unsigned free agent.

His attorney, meanwhile, is on trial for money laundering and mail fraud charges in federal court in Allentown.

The case revolves around allegations that Karoly tried to avoid paying taxes by creating a nonprofit organization.

Karoly pleaded guilty in July to willfully filing false tax returns and not paying income taxes on $5.2 million.

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ap Apr-24-2015 86 0
A 21-year-old Los Angeles fashion designer said Thursday she's suing Las Vegas police and a uniformed officer she says smashed her face into a marble and glass table during her arrest in the lobby of a Strip casino resort.

Ariana Mason told reporters she suffered broken teeth and facial gashes that required 26 stitches after her arrest a little before 3 a.m. Aug. 16 outside 1 Oak at The Mirage.

"I feel as if the way he reacted was unnecessary. I feel he escalated the situation," Mason told a news conference outside the office of her lawyer, Brent Bryson.

Her lawsuit alleging civil rights violations and excessive force was filed Wednesday in U.S. District Court in Las Vegas. It seeks at least $4 million in damages from the officer and the Police Department.

The lawsuit concedes that Mason punched the officer, Shawn Izzo, while she was being handcuffed, and notes that Mason is African-American and Izzo is white.

"I just feel as if the color of my skin was different, this wouldn't have happened to me," Mason told reporters.

Izzo didn't respond to email requests for comment.

Officer Michael Rodriguez, a police spokesman, said the department doesn't comment on litigation. Rodriguez said an internal affairs review found Izzo's actions weren't excessive.

Records show that Mason was one of two people arrested on felony battery on a police officer charges in the incident. Six others were arrested on misdemeanor charges.

Bryson released a compact disc with 6 minutes, 24 seconds of silent color video clips showing some parts of Mason's arrest.

It shows Mason variously compliant and combative while Izzo, in uniform, and a female security guard drag Mason away from other scuffles. At one point, Izzo holds Mason's head in the crook of his arm on the marble hotel lobby floor.

After Mason is handcuffed and brought to her feet, she appears to stiffen and Izzo pushes her forward over the large decorative table. A tall centerpiece glass vase wobbles but remains upright as Mason's head pitches forward.

Police and casino security appear to struggle with several other people nearby while tourists with suitcases point cellphone cameras toward the action.

Bryson said the CD clips were derived from casino ceiling surveillance camera video obtained by police and turned over to him by prosecutors while he defended Mason in a felony battery on an officer complaint. That case was dismissed March 17 in Las Vegas Justice Court. Records show Mason paid $285.

Mason appeared emotional as she faced reporters Thursday flanked by Bryson, her parents, Fred and Francina Mason of Teaneck, New Jersey, and an aunt from Los Angeles, television personality Rolonda Watts.

Mason acknowledged that she was 20 when she was in the club, but said she had "only two drinks" before the altercation outside. She said she wasn't asked for proof of age when she arrived with her boyfriend, who was performing as a disc jockey.

A risk management official with club operator Hakkasan Group didn't immediately respond Thursday to a question about underage drinking.

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nancy dillon Apr-24-2015 78 0
Another three women accused Bill Cosby of sexual assault on Thursday, joining dozens of other alleged victims just days before the final show in the comedian’s embattled U.S. comedy tour.

Marcella Tate, Janice Baker Kinney and Autumn Burns stepped forward, along with their lawyer, Gloria Allred, to say the TV star drugged and took advantage of them decades ago.

More than 30 other women have made similar allegations against Cosby in recent months. His wife and representatives have issued blanket denials and questioned the credibility of some of the accusers.

He has never been charged with a related criminal offense, but the cascade of allegations caused a number of cancellations in his Far From Finished tour.

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AP Apr-23-2015 99 0
Michael Brown's parents filed a wrongful-death lawsuit against the city of Ferguson on Thursday, opening a new chapter in the legal battle over the 18-year-old's fatal shooting by a white officer that sparked a protest movement about the way police in the U.S. treat blacks.

Attorneys for Brown's parents promised the case would bring to light new forensic evidence that would raise doubts about the police version of the events.

Brown was unarmed and walking in the street with a friend on Aug. 9 when officer Darren Wilson told them to move to the sidewalk. That led to a heated confrontation and a scuffle between Wilson and Brown inside Wilson's squad car.

Wilson shot Brown after the scuffle spilled into the street. Some witnesses said Brown was trying to surrender, but Wilson said Brown was moving toward him aggressively, forcing him to shoot.

Brown's shooting led to sometimes-violent demonstrations and spawned a national "Black Lives Matter" movement calling for changes in how police deal with minorities. In the end, local and federal authorities ruled that the shooting was justified.

Civil cases generally require a lower standard of proof than criminal cases. Jurors must find a preponderance of evidence, not proof beyond a reasonable doubt needed to convict in a criminal trial.

The civil case had been expected for months. If it comes to trial, the lawsuit could force a full review of all the evidence in the shooting and bring key witnesses to be questioned in open court, including Wilson, who has resigned from the police force.

Brown's parents, Lesley McSpadden and Michael Brown Sr., attended a news conference announcing the lawsuit. A tear rolled down McSpadden's cheek as attorney Benjamin Crump spoke.

"It's all part of the journey," she said.

Messages seeking comment from Ferguson city officials were not immediately returned.

Former Police Chief Tom Jackson, who was named in the complaint along with Wilson, declined to discuss the lawsuit, telling The Associated Press that he was unaware of it until a reporter told him.

Civil suits often unfold much differently than criminal matters.

Two decades ago, football star O.J. Simpson was acquitted of the killings of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman. But a civil jury awarded the Brown and Goldman families $33.5 million in wrongful-death damages.

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Apr-23-2015 124 0
The U.S. Senate voted on Thursday to approve Loretta Lynch as President Barack Obama's next attorney general, ending a five-month deadlock that made Lynch wait longer for confirmation than the last seven attorneys general combined.

The first black woman to become the top U.S. law enforcement official, Lynch, 55, was approved by a 56-43 vote. Ten Republicans voted for Lynch, including Senate Majority Leader Mitch McConnell. She is expected to take over as head of the U.S. Justice Department on Monday, replacing Eric Holder.

The voting margin reflected many Republicans' disapproval of Lynch's support for an executive order issued by Obama in November that was meant to shield millions of undocumented immigrants from the threat of deportation.

Before the vote, Republican Senator Jeff Sessions, an outspoken critic of that action, blasted Lynch.

"We do not have to confirm someone to the highest law enforcement position in America if that someone is publicly committed to denigrating Congress, violating law," he said.

Senate Democratic leader Harry Reid berated Republicans for delaying the confirmation and said Lynch was "as qualified a candidate" as he'd seen in almost 30 years in the Senate.

Lynch has awaited confirmation since November when Obama, a fellow Harvard Law School graduate, nominated her.

Despite the delay, she was widely seen as less controversial than Holder, who often clashed with Republicans. She has said she aims to smooth relations with Congress.

As attorney general, her earliest tests will likely include handling civil rights cases stemming from deadly altercations between police and unarmed black men in several U.S. cities. The Justice Department has said it will look into bringing civil rights charges over the death of a Baltimore man who died after sustaining a spinal cord injury while in police custody.

Lynch will also inherit major financial cases involving allegations that some of the world's largest banks helped clients evade U.S. taxes and manipulated the currency markets.

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Apr-22-2015 163 0
With a murder trial looming amid widespread scrutiny of police misconduct, Bastrop County has agreed to give more than $1 million to the family of a woman who was shot and killed by a sheriff’s deputy last year, the American-Statesman and KVUE-TV have learned.

High-ranking county officials and lawyers for Yvette Smith’s family members negotiated a $1.22 million settlement on Thursday to end a civil lawsuit filed in federal court after the fatal shooting. The award is believed to be the largest in the county’s history and the second in recent months over incidents involving deputies’ use of force.

Officials have shared few details about the deadly encounter, which preceded multiple public missteps by the sheriff’s office related to the case.

The county initially said that then-Deputy Daniel Willis responded to Smith’s Bastrop home around 12:30 a.m. on Feb. 16, 2014, after receiving a report of two men fighting over a gun at a residence on Zimmerman Avenue near Cool Water Drive.

When Willis and other deputies arrived, people inside the home disregarded deputies’ commands to come outside until a woman, later identified as Smith, appeared in the doorway holding a firearm, according to a statement the sheriff’s office issued after the incident. Willis opened fire after Smith disregarded a deputy’s command, the statement said.

But within hours officials backpedaled. The sheriff’s office said it could not confirm that Smith had any weapon when she was shot on the porch and has not clarified the matter since.

A lieutenant and sergeant were later punished for modifying Willis’ training records, which weren’t signed properly, after the shooting.

Smith, the single mother of two adult children, was unarmed when Willis shot her, her eldest son has said.

She was a caretaker at Austin State Hospital until she had knee surgery a few months before her death, according to family, and was uncomfortable even holding a gun.

Willis, now 30, had been with the sheriff’s office for less than a year when he shot Smith. After he was indicted on a murder charge and fired from the sheriff’s office in June, her family sued the county and Bastrop County Sheriff Terry Pickering in August, seeking at least $5 million.

Bryan Goertz, Bastrop County’s district attorney, helped lead negotiations with the Smith family on behalf of the county. He declined to comment on the settlement “out of respect for the Smith family.”

Other county officials who participated in the negotiations Thursday were County Judge Paul Pape, County Auditor Lisa Smith and County Commissioner Clara Beckett.

Smith and Beckett did not respond to requests for comment on Tuesday.

Pape said he is satisfied with the outcome.

“I’ve expressed my condolences to the Smith family for their loss, and I’m thankful they saw the benefit to themselves to settle this matter and move on with their lives,” he said. “It doesn’t bring anyone back.”

The attorney who represents the Smith family, said “one of the major benefits to a resolution like this, it brings peace of mind to the family that they can have closure. That’s essential to living their lives after a tragedy such as this.”

The settlement is the second high-dollar amount the county has paid in the past year following the actions of sheriff’s deputies. In May, it paid $750,000 to the family of a teen critically injured after falling and hitting his head at Cedar Creek High School after a deputy used his Taser on the student.

Unlike the city of Austin, which operates its own taxpayer-funded litigation fund, Bastrop has a policy with a private insurer, which will pay the settlement. The county’s annual premiums are expected to go up at least 25 percent as a result of the payouts, officials said.

Willis is scheduled to stand trial in the murder case against him in late June, with two pre-trial hearings set for April 30 and May 28.

His attorney did not respond to a request for comment.

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Apr-22-2015 540 0
A Charlotte woman may face a felony charge for allegedly putting a dead cricket in her meal at a restaurant in order to get the meal for free.

Gastonia Police say 26-year-old Shatanya Beasley is charged with obtaining property by false pretense after she put a dead cricket in her food at the Applebee's in Gastonia.

Police say Beasley asked for the manager after receiving her food, showed him the dead cricket, asked for a new plate, and stated she wasn't going to pay the bill, to which the manager obliged.

After Beasley and her son left the restaurant, their waitress noticed Beasley left her wallet open on the table, and the waitress reportedly noticed a bag of dead crickets inside of it. The waitress gave the wallet to her manager.

When Beasley attempted to retrieve her wallet, the manager informed her she needed to pay for the meal; she refused and left the restaurant, but not before employees took down her license plate number, police said.

Gastonia Police tracked Beasley down via her license plate and issued a warrant for obtaining property by false pretense.

Beasley turned herself in to police.

The Applebee's manager now has the option whether or not to pursue the charge.

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Apr-22-2015 555 0
A former Spring High School assistant principal who admitted to having sex with a student in his office during a prom event in 2012 was sentenced Tuesday to four months in jail, then eight years probation.

Mark West, 32, pleaded guilty to improper relationship with a student on the eve of trial Friday, and went through a two-day hearing before being sentenced by State District Judge Catherine Evans.

"You did it because you enjoyed the attention of young girls," the judge said during the sentencing. "We're talking about a razor thin margin of three weeks between what separates a felony crime from a poor decision to have an inappropriate extramarital affair."

West, who was facing a maximum of 20 years in prison had asked Evans to sentence him to probation.

"It's just bad choices I made, based on impulses," West said on the witness stand. "Basically just being selfish."

West testified he had sex with an 18-year-old student who approached him during the early morning hours of a school lock-in during prom. It was three weeks before she graduated.

Although the teen was old enough to consent, state law prohibits educators having sex with students.

West, who remains married and has a young son, had raised eyebrows at the school because of his interactions with female students. He testified he tickled and picked up another teen, and made inappropriate comments to two others. Administrators also admonished him to stop having closed door meetings with students.

In court Tuesday, West admitted having sex with the girl once, but said she was lying about other incidents.

Spring ISD police initially investigated the allegation that West had inappropriately touched a female student after the incident, but no criminal charges were filed because of a lack of evidence, according to the complaint.

Investigators eventually connected a name with the allegations and tracked down a teenager in college. The former student told investigators that when she was a senior, she had sex with West in his office during a prom event.

He resigned after being arrested in 2013. His wife testified that he is no longer working.

Prosecutor Katie Warren argued that West should spend 12 years in prison.

"He wasn't just a teacher, he was principal," Warren said. "He's supposed to be watching the teachers to make sure they don't make this kind of mistake. That alone means it's not a probation offense."

She noted that West will not have to register a sex offender.

Defense attorney Charles Johnson joined his client in asking for probation.

"He's taken responsibility," Johnson said. "I think rehabilitation is the appropriate sentence."

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Apr-22-2015 800 0
No charges will be filed against a Bibb County deputy who shot a handcuffed suspect in the arm, says District Attorney David Cooke.

Instead, Cooke said, the man will be charged with obstructing officers and several other charges.

The shooting took place last June 20 on Emery Highway.

Kenyae Jermaine Brown was wounded in the case.

The day of the shooting, deputies were dispatched to a loitering call in front of a liquor store on Emery Highway. They checked the IDs of some men when they arrived and learned Brown had warrants for his arrest.

A struggle occurred between Brown and deputies Patrick Robinson and Angela Endsley, and an officer used a Taser on Brown twice, Bibb County Sheriff David Davis said the day of the shooting. Brown continued to resist before being handcuffed from his front.

Although suspects are usually handcuffed with their hands behind them, Davis said the officers handcuffed Brown in front due to him struggling.

Once he was handcuffed, Brown ran, Robinson caught him, and Brown allegedly tried to grab the officer's gun, a news release stated the day of the incident.

Robinson fired his gun, hitting Brown in the left arm.

Brown initially told deputies his name was Kendra Brown, who is his brother.

Kenyae Brown was charged with giving false information and felony obstruction.

"Based on my review of the evidence and the report submitted by the GBI," Cooke said Tuesday,"no charged will be filed against the deputies...

"Deputy Robinson reasonably believed Brown was attempting to take his gun and posed an immediate threat to his safety," Cooke said.

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Jason Silverstein Apr-21-2015 160 0
A suburban Detroit business owner and his wife who hung Confederate flags and nooses on their property insist that anyone who sees the actions as racist is “stupid.”

“I am not a racist,” Robert Tomanovich, owner of Robert’s Discount Tree Service in Livonia, Mich., told the Daily News Monday night.

“I know black guys, I have black friends. We’re all laughing at this stupidity. Do you know how many white guys were hung back in the day? This isn’t racist. But all of a sudden it’s out of control.”

Tomanovich , 55,made local headlines when WXYZ reported last Friday that Confederate flags and a noose were hanging outside two of his properties, one of which he uses for his tree-cutting business. The noose hung from a tree small enough for a child to scale.

The decorations have no connection to the racist history of the Confederacy, said his wife Lindy, rushing to his defense.

"Robert has a friend that died in that way (hanging himself), and that's in memory of his friend," she told WXYZ. "There's no crime in hanging a noose."

The noose and flags have drawn disgust from neighbors.

"One hundred fifty years after Abraham Lincoln's death, we are still going through this kind of atrocities. A hangman's noose and a Confederate flag?" neighbor Mary Greer said to WXYZ.

Once several neighbors shared their dismay, a second noose went up, the station reported.
One of Tomanovich’s employees, who wasn’t named, took credit for that one. When asked about the neighbors, the employee said, “Screw ‘em . . . We're gonna put more up.”

As for the Confederate flags, Tomanovich gave contradictory statements about his background and possible connections to the South.

He initially said he put up the flags because he was from “the South,” but then said he was from the Detroit area, then said again he hailed from the South and hung up the phone when asked to specify where.

In another phone interview, Tomanovich claimed he spent the first 30 years of his life in Pineville, Ky., shortly after saying he had run his Michigan business for 37 years.

“I like the Confederate flag, I like the colors,” he said in conclusion.

Tomanovich also said he has at least one black employee, and he claims WXYZ filmed this man but did not include him in its report. A WXYZ reporter said the news outlet chose not to include the man in the report because he wasn't "very credible."

The station noted that Tomanovich walked away from the reporter during an interview attempt.

“I left because I had two women in my house naked and I didn’t want them to see them,” Tomanovich told The News. “One of them was running around the house naked.”

Tomanovich said he has now taken down the nooses and flags, but offered no apologies to anyone offended.

“I don’t need to defend this to nobody. My business is doing very well,” he said. “I only want this story to get bigger. I want people to know I’m not a racist.”

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