Archive for the ‘Fifth Amendment’ Category

Homeowners Behind Addicks and Barker Dams in Houston, Texas Entitled to Compensation, Federal Judge Rules – PRNewswire

Vuk Vujasinovic of VB Attorneys, who is part of the court-appointed lead team that took the case to trial and won, stated: "People living in the flood pools behind these dams sacrificed their homes to save the heart of Houston, and we are extremely pleased the judge agreed with us that they are entitled to compensation under the 5th Amendment to our constitution."Click here to learn more HurricaneHarveyLawsuitHelp.com.

The homeowners alleged the two dams stopped water that would otherwise have flowed from the project's location 17 miles west of downtown Houston, eastward into West Houston neighborhoods, Houston's central business district, and the industrial ship channel. The homeowners alleged the water backed up until it flooded over the thirteen test properties and over 10,000 homes and businesses located behind the dams.

The homeowners claimed the government's construction and operation of the Addicks and Barker project constituted a "taking" under the Fifth Amendment to the U.S. Constitution, entitling them to compensation.

The government alleged Hurricane Harvey was a very large storm that it could not foresee when it built the dams in the 1940s, and denied owing compensation to any homeowners.

Judge Lettow held a 2-week trial in Houston, Texas, which concluded on May 17, 2019. Over 30 witnesses were called to testify, including property owners, experts in hydrology, meteorology, and real estate valuation, representatives of the Army Corps of Engineers, as well as officials with Harris County and Fort Bend County. The trial included an excursion with the Judge to personally view the entire Addicks and Barker project.

Mr. Vujasinovic notes the following major points were established at trial:

In his ruling, Judge Lettow held that the federal government's construction and operation of the Addicks and Barker project was a "taking" under the 5th Amendment, entitling the homeowners to compensation. "The court finds that the government's actions relating to the Addicks and Barker Dams and the attendant flooding of plaintiffs' properties constituted a taking of a flowage easement under the Fifth Amendment. Thus, the court finds defendant liable."

Mr. Vujasinovic anticipates a second phase of litigation for the thirteen test properties to determine the amount of compensation owed to each. Collective damages for the over 10,000 flooded properties are estimated to exceed $1 Billion.

According to Mr. Vujasinovic, "this trial victory will be instrumental in our efforts to obtain fair compensation for all our clients whose property was damaged or destroyed due to the Addicks and Barker project. We look forward to finishing this fight to enforce our clients' constitutional property rights."

About Vuk Vujasinovic Vuk Vujasinovic is part of the court-appointed lead team that won the test case trial. His firm represents homeowners in all impacted communities behind the dams, including Bear Creek, Twin Lakes, Lakes on Eldridge, Concord Bridge, Concord Colony, Canyon Gate Cinco Ranch, Charlestown Colony, Cinco at Willow Fork, Cinco Ranch Equestrian Village, Cinco Ranch Greenway Village, Cinco Ranch Meadow Place, Cinco Ranch Southpark, Concord Fairways at Kelliwood, Grand Lakes, Grand Lakes Phase Three, Grand Mission, Green Trails Oaks, Greens at Willow Fork, Jamestown Colony, Kelliwood Greens, Kingsland Estates, Lakes of Buckingham Kelliwood, Mayde Creek Farms, Park Harbor Estates, Parklake Village, Pine Forest, Savannah Estates, Stone Gate at Canyon Gate, and Windsor Park Estates.

About VB Attorneys Based in Houston, Texas, VB Attorneys handles cases throughout the country. To learn more about the firm, visit HurricaneHarveyLawsuitHelp.com and VBAttorneys.com, or call 888.695.6993.

Contact: Carlos Villarreal Phone: (888) 695-6993 Website:VBAattorneys.comEmail: Carlos@VBAttorneys.com

SOURCE VB Attorneys

http://www.vbattorneys.com

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Homeowners Behind Addicks and Barker Dams in Houston, Texas Entitled to Compensation, Federal Judge Rules - PRNewswire

Does Netflix’s The Irishman Reveal What Really Happened To Jimmy Hoffa? – The National Interest Online

Key point: Questions have risen once again about what happened to one of America's most famous union bosses.

On July 30, 1975, Jimmy Hoffa, the former president of the Teamsters Union, disappeared.

Hed gone to a restaurant in suburban Detroit apparently expecting to meet a couple of mafia figures whom he had known for decades. Hed hoped to win their support for his bid to return to the unions presidency. A few customers remembered seeing him in the restaurant parking lot before 3 p.m.

Sometime after that he vanished without a trace.

The FBI has long assumed that Hoffa was the victim of a mob hit. But despite a decades-long investigation, no one has ever been charged with his murder. His body has never been found.

Yet even though his physical remains are missing, Hoffa lives on in our collective cultural consciousness.

Martin Scorseses The Irishman is only the latest film to offer a fictionalized version of Hoffas story. Before that there was Sylvester Stallones F.I.S.T. (1978), Danny DeVitos Hoffa (1992) and the made-for-TV movie Blood Feud (1983).

Hes been the subject of countless true crime books, most famously Charles Brandts I Heard You Paint Houses. He inspired an episode of The Simpsons. And he crops up in tabloids such as the Weekly World News, which claimed to have found him living in Argentina, hiding from the vengeful Kennedys.

Ever since I started researching and writing on the history of the Teamsters, people have asked me where I think Hoffas body is located. His story, Ive learned, is the one aspect of labor history with which nearly every American is familiar.

Hoffas disappearance transformed him from a controversial union leader into a mythic figure. Over time, Ive come to realize that Hoffas resonance in our culture has important political implications for the labor movement today.

The rise and fall of the Teamsters Teamster

Hoffa became a household name in the late 1950s, when Robert F. Kennedy, then serving as chief counsel for the Senate Rackets Committee, publicly grilled him about his mob ties.

While other witnesses avoided answering questions by invoking their Fifth Amendment rights, Hoffa, the newly elected leader of the nations largest and most powerful union, adopted a defiant stance. He never denied having connections with organized crime figures; instead, he claimed these were the kinds of people he sometimes had to work with as he strengthened and grew his union in the face of employer opposition. He angrily dismissed any allegations of corruption and touted the gains his union had won for its membership.

The verbal sparring between Kennedy and Hoffa became the most memorable part of the hearings.

To the benefit of big business, it turned Hoffa into a menacing symbol of labor racketeering.

But to his union members, it only enhanced his standing. They were already thrilled by the contracts Hoffa had negotiated that included better pay and working conditions. Now his members hailed him as their embattled champion and wore buttons proclaiming, Hoffa, the Teamsters Teamster.

His membership stayed loyal even as Hoffa became the target of a series of prosecution efforts.

After becoming attorney general in 1961, Kennedy created a unit within the Department of Justice whose attorneys referred to themselves as the Get Hoffa Squad. Their directive was to target Hoffa and his closest associates. The squads efforts culminated in convictions against Hoffa in 1964 for jury tampering and defrauding the unions pension fund. Despite that setback, Hoffas hold on the Teamsters presidency remained firm even after he entered federal prison in 1967.

When he finally did leave office, Hoffa did so voluntarily. He resigned in 1971 as part of a deal to win executive clemency from the Nixon administration. There was one condition written into the presidents grant of clemency: He couldnt run for a position in the union until 1980.

Once free, Hoffa claimed that his ban from union office was illegitimate and began planning to run for the Teamsters presidency. However, he faced resistance not from the government but from organized crime figures, who had found it easier to work with Hoffas successor, Frank Fitzsimmons.

Hoffas meeting at the restaurant on July 30, 1975, was part of his efforts to allay that opposition.

Clearly, things didnt go as planned.

Some theorize that the mafia had him killed in order to ensure that he would not run against Fitzsimmons in the Teamsters upcoming 1976 union election.

But after no arrests and multiple fruitless excavations to try to locate his body, Hoffas case remains, to this day, unresolved.

From man to myth

In Andrew Lawlers history of the Lost Colony of Roanoke, he writes, To die is tragic, but to go missing is to become a legend, a mystery.

Stories are supposed to have a beginning, a middle and an end. But when people go missing and are never found, Lawler explains, theyll endure as subjects of endless fascination. It allows their legacies to be re-written, over and over.

These new interpretations, Lawler observes, can reveal something fresh about who we were, who we are, and who we want to be.

The myth of Hoffa lives on, even though almost five decades have passed since that afternoon in July 1975.

What shapes has it taken?

To some, he stands for an idealized image of the working class a man whod known hard, manual labor and worked tirelessly to achieve his success. But even after rising to his leadership post, Hoffa lived simply and eschewed pretense.

As a Washington Post article from 1992 put it, He wore white socks, and liked his beef cooked medium well He snored at the opera.

Meanwhile, his feud with the Kennedys pitted a populist tough guy off the loading docks against the professional class, the governing class, the educated experts. The Washington Post piece ties Hoffas story to that of another working-class icon. Watching Hoffa go up against Bobby Kennedy was like watching John Henry go up against a steam hammer it was only a matter of time before he lost.

But Hoffas myth can also serve as a morality tale. The New Republic, for instance, described how Danny DeVitos 1992 film reworks Hoffas life into the story of an embattled champion of the working class who makes a Faustian pact with the underworld.

In the movie, Hoffas Teamsters are caught in hopeless picket line battles with mob goons who the anti-union employers have hired. In order to get those goons to switch sides, Hoffa makes a bargain with mafia leaders. But the mafia ultimately has Hoffa killed when he tries to defy their control, becoming the victim of his own unbridled ambition.

Finally, the underworlds mysterious role in Hoffas death keeps his story compelling for Americans who have a fascination with conspiracy theories. It supports the idea of an invisible cabal that secretly runs everything, and which can make even a famous labor leader disappear without a trace.

Hoffas story is often intertwined with theories about the Kennedy assassination that attribute the presidents murder to an organized crime conspiracy. Both Hoffa and Kennedys murders, in these accounts, highlight the underworlds apparently unlimited power to protect its interests, with tentacles that extend into the government and law enforcement.

Did Hoffa taint the labor movement?

Over two decades after he went missing, a 1997 article in The Los Angeles Times noted that No union in America conjures up more negative images than the Teamsters.

This matters, because for most Americans who lack first-hand knowledge about organized labor, Hoffa is the only labor leaders name they recognize. And as communications scholar William Puette has noted, the Teamsters notoriety is such that for many people in this country the Teamsters Union is the labor movement.

A union widely perceived as mobbed up with a labor leader notorious for his Mafia ties has come, in the minds of some Americans, to represent the entire labor movement. That perception, in turn, bolsters arguments against legislative reforms that would facilitate union organizing efforts.

The other themes in Hoffas myth have similar negative implications for labor. He represents a nostalgic, white, male identity that once existed in a seemingly lost world of manual work. That myth also implies that the unions that emerged in those olden times are no longer necessary.

This depiction doesnt match reality. Todays working class is diverse and employed in a broad spectrum of hard manual labor. Whether youre working as a home health aide or in the gig economy, the need for union protection remains quite real.

But for those working-class Americans who see their society controlled by a hidden cabal of powerful, corrupt forces like the puppet masters who supposedly had JFK and Hoffa killed labor activism can appear quixotic.

For these reasons, the ghost of Jimmy Hoffa continues to haunt the labor movement today.

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Does Netflix's The Irishman Reveal What Really Happened To Jimmy Hoffa? - The National Interest Online

20th Person Believed to be Framed by Retired Chicago Detective Exonerated of Crime He Didn’t Commit – Newsweek

On Friday, Demetrius Johnson left a Chicago courtroom after prosecutors dropped the a case against him for a murder he didn't commit. He has become the 20th person exonerated who is believed to have been framed by retired Chicago Police Detective Reynaldo Guevara.

Johnson was accused of the June 12, 1991 Wicker Park shooting of Edwin Fred. Despite insisting he was at the NBA championship basketball game that night with friends, he was convicted at the age of 15, and served 12 years for the crime, being released in 2004. But this September, it was discovered that witness testimony implicating another person for the murder had been hidden from both the prosecution and defense teams working the case.

In September, it was revealed that witness testimony implicating another person of the crime, for which Johnson had been convicted of at 15, had been concealed from the case's prosecution and defense teams.

A Cook County judge vacated Johnson's sentence in November. However, for the past month, the State Attorney's office has been deciding whether to retry Johnson's case or drop it entirelyas Johnson faced the potential of being tried again for a crime he'd already served his sentence for.

"Just the thought of dealing with [a second trial] was constantly stressful," he told the Chicago Tribune. "It hurts because I've been through it, in a manner that was cold-blooded."

On Friday, prosecutors announced all charges against him would be dropped, and he became the 20th man cleared of their charges due to the alleged corruption of Guevara.

"It's an out-of-body experience," said Johnson to the Chicago Sun-Times after the hearing. "I felt like I had a gorilla on my back."

Joshua Tepfer, Johnson's attorney and a representative of many other defendants who said that Guevara concealed evidence in their cases, has uncovered evidence that a different man was arrested on the night of Fred's murder. Johnson was also not a part of the original police lineup, which was conducted by Guevara.

The report about the lineup was concealed for unknown reasons until it surfaced during the research process for a federal civil trial. Guevara also allegedly lied about the existence of the report during the criminal trial.

"That information was hidden from everyone in the system. The only person, seemingly, [who] actually knew the truth [was] Reynaldo Guevara," Tepfer said Wednesday to reporters gathered outside the George Leighton Criminal Courthouse. "The results were incomprehensible for [Johnson]. ... He was 15 years old and placed on trial for a murder he did not commit."

"I was a cry in the dark for a long time," Johnson said Wednesday to reporters. "I never thought this moment would happen. I thought I had to accept that."

There are dozens of other defendants who claim that Guevara also framed them for crimes they didn't commit. They accuse Guevara of falsifying evidence and manipulating witness testimony, as well as having run a corruption racket, taking bribes from drug and gun dealers and taking kickbacks to make cases disappear. Guevara was the subject of a 2017 BuzzFeed News investigation.

He is the subject of eight pending wrongful conviction lawsuits. A civil suits filed by Jacques Rivera was settled for $17 million last year. It was during this lawsuit the revelation about the lineup report in Johnson's case was discovered. Johnson has not yet decided whether he will file a similar suit.

Guevara has invoked his Fifth Amendment right when asked under oath about the charges against him in court. According to the Tribune, in one trial alone, Guevara invoked that right over 200 times in just over an hour.

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20th Person Believed to be Framed by Retired Chicago Detective Exonerated of Crime He Didn't Commit - Newsweek

Federal court demands the military turn over secret documents about the trans military ban – LGBTQ Nation

The U.S. District Court for the Western District of Washington has ordered the Department of Defense to hand over documents related to Donald Trumps transgender military ban including those which would explain his rationale for the ban.

Its unclear whether the Trump administration will contest the order.

Related:Military leaders are lining up to oppose Trumps attacks on HIV+ service members

The court order came in response to Karnoski v. Trump, an August 27, 2017 lawsuit filed on behalf of Ryan Karnoski, a transgender social worker from a military family who wanted to join the military but is now forbidden by Trumps ban. The lawsuit also lists several other transgender military members as plaintiffs and was filed by Lambda Legal and the Modern Military Association of America (formerly known as OutServe-SLDN and the American Military Partners Association).

The lawsuit alleges that Trumps trans military ban was made without any meaningful deliberative process and was directly contrary to the considered judgment of the military and violates equal protection and due process guarantees of the Fifth Amendment and the free speech guarantee of the First Amendment [without] any compelling, important, or even rational justification.

In a statement, about the new district court order, Lambda Legal Counsel Peter Renn said, We look forward to the court shining a light onto what the government has fought very hard to hide. There is no cloak big enough to hide the deficiencies of the Pentagons rushed plan, which was cobbled together after-the-fact to backfill a justification for President Trumps arbitrary tweets.

The court order follows a September 2019 Washington D.C. court decision also requiring the military to hand over similar materials that theyve previously withheld and a Michigan court ruling from the same month requiring an anti-LGBT organization to turn over its communications with the government regarding the ban, though Lambda Legal didnt name the exact organization.

When Trump issued the ban via Twitter in July 2017, military leaders seemed blindsided, referring all media inquiries about the ban to the White House. Trumps tweets said the ban was because of the tremendous medical costs and disruption that transgender in the military would entail.

But while trans healthcare wouldve cost the military between $2.4 million and $8.4 million annually, the military currently spends $41.6 million annually on the erectile dysfunction medication Viagra, blowing a hole in Trumps justification.

House Democrats almost overturned Trumps trans military ban in an amendment to a major defense spending bill earlier this month, but Republican legislators stopped them.

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Federal court demands the military turn over secret documents about the trans military ban - LGBTQ Nation

Man charged with triple murder to have hearing this week – Peninsula Daily News

PORT ANGELES A Port Angeles man charged with triple murder in December 2018 will have a court hearing this week to determine whether statements he made to law enforcement can be used at trial.

Ryan Warren Ward, 38, will appear in Clallam County Superior Court at 9 a.m. Wednesday for a 3.6 hearing on the suppression of a Jan. 31 interrogation that occurred after he had requested a lawyer.

He is one of three people charged with a Dec. 26, 2018 triple homicide east of Port Angeles.

Ward was charged Jan. 28 with three counts of first-degree aggravated murder with firearms enhancements and one count of second-degree unlawful possession of a firearm.

Dennis Marvin Bauer, Kallie Ann Letellier and Ward are each charged for the slayings of trucking company owner Darrell C. Iverson, 57; his son, Jordan D. Iverson, 27, and Jordan Iversons girlfriend, Tiffany A. May, 26.

Wards attorney, Lane Wolfley, filed a motion Oct. 25 to suppress his clients Jan. 31 interview with Clallam County Sheriffs Det. Jeff Waterhouse and Det. Sgt. Eric Munger.

Wolfley argued that Ward said he would like a lawyer prior to the interrogation.

Ward invoked his right to remain silent and subsequent questioning violated his Fifth Amendment rights, Wolfley said in his motion.

Prosecutors argued that Ward stated hed like a lawyer if Im being charged and voluntarily waived his rights to counsel.

The states list of witnesses for the 3.6 hearing include Munger, Waterhouse, Sheriffs Sgt. Don Wenzl and State Patrol Det. Mike Grall.

A six-week trial for Ward, now scheduled to begin Feb. 3, is expected to be reset Wednesday.

Theyre still trying to (complete) the rest of the testing, said Michele Devlin, Clallam County chief criminal deputy prosecuting attorney, in a Friday court hearing.

A State Patrol crime lab is expected to complete DNA testing next month and firearms testing in February, Devlin said.

Devlin added there was no indication on when the crime scene response team would produce its report.

She deferred to Wolfley on whether to reset the trial date Friday or Wednesday.

I would appreciate being able to wait so that I can confer with other council working on the other cases and just taking an opportunity to talk with Mr. Ward, Wolfley said.

We both recognize the reality of the evidentiary situation.

The victims lived at Iversons residence at 52 Bear Meadow Road, where nearly a thousand pieces of evidence were collected.

Ward is being held in the Jefferson County Jail on $3 million bail.

Erickson signed a transport order for Ward to appear in Clallam County Superior Court at 9 a.m. Wednesday.

According to court documents, Bauer was upset with Darrel Iversons treatment of Letellier, with whom Bauer had a relationship.

Ward, Bauers nephew, according to court records, first said he was not at Iversons property when the shooting occurred, then said he was there but did not take part in the killings.

He said Bauer shot Iverson and Iversons son and that Letellier shot May.

As Bauer, Letellier and Ward fled Iversons residence in a vehicle following the killing, Ward made comments to the effect that the Iversons were both still alive after being shot by Dennis, and he had to finish them off, Letellier said, court papers said.

________

Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 56450, or at [emailprotected]dailynews.com.

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Man charged with triple murder to have hearing this week - Peninsula Daily News