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Showing posts with label lawyers. Show all posts
Showing posts with label lawyers. Show all posts

Thursday, June 2, 2011

Armstrong's lawyers want apology from '60 Minutes' (AP)

LOS ANGELES – Attorneys for Lance Armstrong have demanded an on-air apology from "60 Minutes" after the head of Switzerland's anti-doping laboratory denied allegations the seven-time Tour de France winner tested positive for performance-enhancing drugs at the 2001 Tour de Suisse.

In a letter sent Wednesday to CBS News Chairman and "60 Minutes" executive producer Jeff Fager, lawyer Elliot Peters said the May 22 segment about Armstrong was built on a series of falsehoods, and he accused the reputable CBS show of sloppy journalism.

"In the cold light of morning your story was either extraordinarily shoddy, to the point of being reckless and unprofessional, or a vicious hit-and-run job," Peters wrote. "In either case, a categorical on-air apology is required."

CBS News spokesman Kevin Tedesco said Wednesday he couldn't immediately comment on the letter, but added: "We consider this the most thorough investigation into doping in the sport of cycling ever done."

Former teammate Tyler Hamilton alleged in the piece that Armstrong talked about using the banned blood-booster EPO to prepare for his third Tour de France in 2001 and cycling's governing body, the International Cycling Union, helped him hide a positive test at the Swiss event.

Last week, the head of Switzerland's anti-doping laboratory, Martial Saugy, denied allegations Armstrong tested positive for performing-enhancing drugs during the 2001 Tour de Suisse.

Saugy said his lab did find suspicious levels of EPO in four urine samples from the race Armstrong won, but he didn't know if any belonged to the seven-time Tour de France winner.

Armstrong repeatedly has denied doping and has never tested positive. Federal prosecutors in Los Angeles are investigating an alleged doping program in Armstrong's teams.

"60 Minutes" also reported that the UCI officials brokered a meeting involving Armstrong and Saugy's World Anti-Doping Agency-accredited lab, which tested the Swiss race samples.

Saugy told the Swiss daily Neue Zurcher Zeitung last week that he met with Armstrong and then-U.S. Postal team manager Johan Bruyneel, but not in Lausanne as Hamilton claimed and unconnected to a suspicious test result.

Peters added the show's producers were alerted by Armstrong's camp prior to the show's airing that the Swiss-related allegations were false and provided evidence they say refuted them.

"What is particularly disturbing is that '60 Minutes' had access to the true facts, could easily have verified them, and apparently chose instead to broadcast untruths and then layer innuendo on top of the falsehoods," Peters said.

Armstrong has taken several steps to address the allegations made in the "60 Minutes" segment, posting a retort on Twitter, creating a web site — facts4lance.com — and now urging CBS for an apology. Last week, he also announced he was adding Peters and another high-profile attorney, John Keker, to his legal team.


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Wednesday, June 1, 2011

Armstrong's lawyers want apology from '60 Minutes' (AP)

LOS ANGELES – Attorneys for Lance Armstrong have demanded an on-air apology from "60 Minutes" after the head of Switzerland's anti-doping laboratory denied allegations the seven-time Tour de France winner tested positive for performance-enhancing drugs at the 2001 Tour de Suisse.

In a letter sent Wednesday to CBS News Chairman and "60 Minutes" executive producer Jeff Fager, lawyer Elliot Peters said the May 22 segment about Armstrong was built on a series of falsehoods, and he accused the reputable CBS show of sloppy journalism.

"In the cold light of morning your story was either extraordinarily shoddy, to the point of being reckless and unprofessional, or a vicious hit-and-run job," Peters wrote. "In either case, a categorical on-air apology is required."

CBS News spokesman Kevin Tedesco said Wednesday he couldn't immediately comment on the letter, but said: "We consider this the most thorough investigation into doping in the sport of cycling ever done."

Former teammate Tyler Hamilton alleged in the piece that Armstrong talked about using the banned blood-booster EPO to prepare for his third Tour de France in 2001 and cycling's governing body, the International Cycling Union, helped him hide a positive test at the Swiss event.

Last week, the head of Switzerland's anti-doping laboratory, Martial Saugy, denied allegations Armstrong tested positive for performing-enhancing drugs during the 2001 Tour de Suisse.

Saugy said his lab did find suspicious levels of EPO in four urine samples from the race Armstrong won, but he didn't know if any belonged to the seven-time Tour de France winner.

Armstrong has repeatedly denied doping and has never tested positive. Federal prosecutors in Los Angeles are investigating an alleged doping program in Armstrong's teams.

"60 Minutes" also reported ICU officials brokered a meeting involving Armstrong and Saugy's World Anti-Doping Agency-accredited lab, which tested the Swiss race samples.

Saugy told the Swiss daily Neue Zurcher Zeitung last week that he met with Armstrong and then-U.S. Postal team manager Johan Bruyneel, but not in Lausanne as Hamilton claimed and unconnected to a suspicious test result.

Peters added the show's producers were alerted by Armstrong's camp prior to the show's airing that the Swiss-related allegations were false and provided evidence to refute them.

"What is particularly disturbing is that `60 Minutes' had access to the true facts, could easily have verified them, and apparently chose instead to broadcast untruths and then layer innuendo on top of the falsehoods," Peters said.


Yahoo! News


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Friday, May 20, 2011

Phil Spector's lawyers seek rehearing of appeal (AP)

LOS ANGELES – Lawyers for music producer Phil Spector have asked an appeals court to take a second look at his arguments for a new trial, contending the court ignored a defense argument that the trial judge had violated his neutrality in the case.

In a petition to the California 2nd District Court of Appeal, attorneys said the court's rejection of Spector's murder conviction appeal has left the legal community incredulous.

They suggested the court failed to consider that Superior Court Judge Larry Paul Fidler violated his neutrality by allowing the prosecution to show photographs of him among prosecution witnesses. They said this was coupled with a videotape of the judge explaining key forensic evidence.

Dennis Riordan, joined by fellow attorneys Charles Sevilla and Donald M. Horgan, alleged that jurors watched the tape during prosecution closing arguments, a move that turned the judge into a witness.

"No aspect of the trial was more startling," Riordan said, noting that in discussions within the legal community, "the assertion that prosecutors included multiple images of the presiding judge among the photos of their witnesses is met without exception by shocked incredulity."

Spector, a legendary rock music producer, was convicted two years ago of fatally shooting actress Lana Clarkson at his Alhambra mansion in 2003. He is serving 19 years to life in prison on a second-degree murder conviction.

His first trial ended in a hung jury; the second ended in a conviction.

The videotape of Fidler was from a hearing in which the trial judge explained a forensic witness' testimony about blood back spatter on Clarkson's wrist. The appeal quoted a prosecutor's statement to jurors: "See with your own eyes where (the expert) and the judge indicated the back spatter was on Lana's wrist."

That and other statements made Fidler a witness for the prosecution, Riordan said, and the defense had no opportunity to cross-examine him.

Riordan said a judge is forbidden to testify for one side or the other in a trial over which he is presiding. When defense attorneys asked the judge to tell jurors his comments were not part of the evidence, Fidler refused, they said.

In rejecting the defense's original appeal, the California appellate court validated Fidler's actions. The May 2 opinion found that on the issue of the videotape, "a trial court's power, indeed its responsibility, to clarify testimony is well-settled in California."

The new defense petition called out a footnote in that opinion that said the judicial panel didn't address the photos of the Fidler because it was not raised as an independent issue in the opening brief. Spector's lawyers said in the new appeal that "the court cannot avoid confronting the significance of the photographic display by invoking a procedural bar."

Riordan said the defense would be taking other issues in the appeal to the California Supreme Court, but that the appellate court must first address the photo display, which was "the factual cornerstone of the defendant's federal constitutional claims."


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Thursday, May 19, 2011

Phil Spector's lawyers seek rehearing of appeal (AP)

LOS ANGELES – Lawyers for music producer Phil Spector have asked an appeals court to take a second look at his arguments for a new trial, contending the court ignored a defense argument that the trial judge had violated his neutrality in the case.

In a petition to the California 2nd District Court of Appeal, attorneys said the court's rejection of Spector's murder conviction appeal has left the legal community incredulous.

They suggested the court failed to consider that Superior Court Judge Larry Paul Fidler violated his neutrality by allowing the prosecution to show photographs of him among prosecution witnesses. They said this was coupled with a videotape of the judge explaining key forensic evidence.

Dennis Riordan, joined by fellow attorneys Charles Sevilla and Donald M. Horgan, alleged that jurors watched the tape during prosecution closing arguments, a move that turned the judge into a witness.

"No aspect of the trial was more startling," Riordan said, noting that in discussions within the legal community, "the assertion that prosecutors included multiple images of the presiding judge among the photos of their witnesses is met without exception by shocked incredulity."

Spector, a legendary rock music producer, was convicted two years ago of fatally shooting actress Lana Clarkson at his Alhambra mansion in 2003. He is serving 19 years to life in prison on a second-degree murder conviction.

His first trial ended in a hung jury; the second ended in a conviction.

The videotape of Fidler was from a hearing in which the trial judge explained a forensic witness' testimony about blood back spatter on Clarkson's wrist. The appeal quoted a prosecutor's statement to jurors: "See with your own eyes where (the expert) and the judge indicated the back spatter was on Lana's wrist."

That and other statements made Fidler a witness for the prosecution, Riordan said, and the defense had no opportunity to cross-examine him.

Riordan said a judge is forbidden to testify for one side or the other in a trial over which he is presiding. When defense attorneys asked the judge to tell jurors his comments were not part of the evidence, Fidler refused, they said.

In rejecting the defense's original appeal, the California appellate court validated Fidler's actions. The May 2 opinion found that on the issue of the videotape, "a trial court's power, indeed its responsibility, to clarify testimony is well-settled in California."

The new defense petition called out a footnote in that opinion that said the judicial panel didn't address the photos of the Fidler because it was not raised as an independent issue in the opening brief. Spector's lawyers said in the new appeal that "the court cannot avoid confronting the significance of the photographic display by invoking a procedural bar."

Riordan said the defense would be taking other issues in the appeal to the California Supreme Court, but that the appellate court must first address the photo display, which was "the factual cornerstone of the defendant's federal constitutional claims."


Yahoo! News


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Tuesday, May 10, 2011

Simon Cowell blames lawyers for Abdul delay (Reuters)

By Shirley Halperin and Kimberly Nordyke Shirley Halperin And Kimberly Nordyke – Sun May 8, 11:57 pm ET

LOS ANGELES (Hollywood Reporter) – Simon Cowell blames attorneys for the fact that Paula Abdul's deal to serve as a judge on Cowell's "The X Factor" closed at the eleventh hour Sunday -- just as the judges' rounds of auditions were about to start.

He even said there was talk of using a guest judge, but he ultimately would have called off Sunday's auditions if Abdul's deal hadn't closed.

"I would've canceled today (if deal hadn't gone through)," Cowell told The Hollywood Reporter on Sunday at the University of Southern California's Gaten Center before the judges auditions began.

"The issue was that these conversations had gone on long enough. It's not like I sprung this on somebody. I just thought it's time for everyone to do their job and get the deal done. I couldn't have sat in front of you lot and said (Paula) wanted to do the deal and we couldn't."

Cowell added that it was important for Abdul -- who served as a judge alongside Cowell on Fox's "American Idol" -- to be a part of "X Factor," which debuts on Fox in September.

"I could just sense that the public would've been disappointed without Paula," Cowell said. "You see how we are; we get on really well."

One issue, according to sources, was an option that CBS had on Abdul based on a deal for her to participate in its short-lived competition show "Live to Dance." That deal, according to two sources close to "X Factor," contained language that could have prevented Abdul from joining the new show.

Said Cowell: "She's Paula Abdul. Nothing's ever easy, but I'm used to it."

Abdul serves as a judge alongside Cowell, Antonio "L.A." Reid and Cheryl Cole.


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Monday, May 9, 2011

Simon Cowell blames lawyers for Abdul delay (Reuters)

By Shirley Halperin and Kimberly Nordyke Shirley Halperin And Kimberly Nordyke – Sun May 8, 11:57 pm ET

LOS ANGELES (Hollywood Reporter) – Simon Cowell blames attorneys for the fact that Paula Abdul's deal to serve as a judge on Cowell's "The X Factor" closed at the eleventh hour Sunday -- just as the judges' rounds of auditions were about to start.

He even said there was talk of using a guest judge, but he ultimately would have called off Sunday's auditions if Abdul's deal hadn't closed.

"I would've canceled today (if deal hadn't gone through)," Cowell told The Hollywood Reporter on Sunday at the University of Southern California's Gaten Center before the judges auditions began.

"The issue was that these conversations had gone on long enough. It's not like I sprung this on somebody. I just thought it's time for everyone to do their job and get the deal done. I couldn't have sat in front of you lot and said (Paula) wanted to do the deal and we couldn't."

Cowell added that it was important for Abdul -- who served as a judge alongside Cowell on Fox's "American Idol" -- to be a part of "X Factor," which debuts on Fox in September.

"I could just sense that the public would've been disappointed without Paula," Cowell said. "You see how we are; we get on really well."

One issue, according to sources, was an option that CBS had on Abdul based on a deal for her to participate in its short-lived competition show "Live to Dance." That deal, according to two sources close to "X Factor," contained language that could have prevented Abdul from joining the new show.

Said Cowell: "She's Paula Abdul. Nothing's ever easy, but I'm used to it."

Abdul serves as a judge alongside Cowell, Antonio "L.A." Reid and Cheryl Cole.


Yahoo! News


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