READ MORE

Sex offender Bill Cosby’s bid for new trial rejected by judge

SAN FRANCISCO — A California appeals court upheld the felony convictions of a former De La Salle student who was sentenced to 21 years for the sexual assault of a girl at a house party following a Walnut Creek school dance.

The former student — one of two East Bay high school students convicted in the incident — argued through his attorney that the judge who found him guilty, Judge Rebecca Hardie, should have been removed for bias because of unspecified remarks she allegedly made about the case. He was convicted of forcible rape and oral copulation at trial, months after his co-defendant, an Ygnacio Valley High School student, accepted a plea deal.

In the 21-page court ruling, appeals court judges wrote that the defense never provided transcripts to prove Hardie had actually made the remarks described in defense briefings, and added that by the defense’s own description the remarks were innocuous. The judges also rejected a defense argument that the alleged conduct didn’t rise to the legal definition of “force.”

“This evidence no doubt suffices to prove that minor, without the victim’s consent, forcibly moved her body against her will, first, to the bench and, next, to the car,” and sexually assaulted her, the appeals court judges wrote.

Hardie sentenced the former De La Salle student, who was 16 at the time, to 21 years, but he shouldn’t end up serving past his 25th birthday, according to authorities. The Ygnacio Valley student was given nine years in exchange for a no-contest plea.

The evidence against the pair included an audio file taken by the girl, at the time a Carondelet student, can be heard saying “no” multiple times within 10 seconds. She told police she was intoxicated and attempted to stop both defendants from sexually assaulting her, including trying to push them away.

The former De La Salle student testified at trial that she said “yes after that video,” and said that she agreed to have sex with both of them but then became paranoid that her boyfriend would find out. She did not seem intoxicated to him, he said on the stand, according to the appeals court decision.

The Ygnacio Valley student also testified, saying that police had “pressured” him into admitting he raped the girl, and said he didn’t even know what police were investigating when he granted them an interview. He expressly denied “engaging in any sexual activity with the victim and denied knowing whether minor had forced her into sexual activity,” the appeals court ruling says.

This newspaper is not naming either defendant because they were tried as juveniles.

This marked the second time in six months that a De La Salle student was charged with raping a Carondelet student. In May 2017, a former De La Salle football player was charged in juvenile court with sexually assaulting a Carondelet girl, and ultimately was sentenced to 10 years of confinement in a plea deal.

TIU Press Relase, January 25, 2020

Brazilian tennis player Joao Olavo Soares de Souza, who won nine ATP Challenger single titles, has received a lifetime ban together with a fine of $200,000 after being convicted of multiple match-fixing and associated corruption offences.

A Tennis Integrity Unit (TIU) investigation established that between 2015 and 2019 the player committed numerous breaches of the Tennis Anti-Corruption Program (TACP). These included repeated incidents of match-fixing at ATP Challenger and ITF Futures tournaments held in Brazil, Mexico, the United States and Czech Republic.

In addition to match-fixing offences, the player was also found to have:

• failed to report corrupt approaches
• failed to fully co-operate with the TIU, including destroying evidence
• solicited other players to not use best efforts

The case against Mr Souza was considered by independent Anti-Corruption Hearing Officer Prof Richard H. McLaren at a disciplinary Hearing held in London on 14 January 2020.

Prof McLaren’s decision to impose a lifetime ban means that with effect from 24 January 2020 the player is permanently ineligible to compete in or attend any sanctioned event organised or recognised by the governing bodies of the sport.

In March 2019, and prior to being charged with corruption offences, Mr Souza had been Provisionally Suspended from professional tennis, pending completion of the TIU investigation and case against him.

The 31-year old is currently ranked 742 in ATP singles, with a career-high of 69 reached in April 2015. As a doubles player his highest ranking was 70, achieved in January 2013.

The breaches of the TACP he has been found guilty of are as follows:

Section D.1.d. No Covered Person shall, directly or indirectly, contrive or attempt to contrive the outcome or any other aspect of any Event.

Section D.1.e. No Covered Person shall, directly or indirectly, solicit or facilitate any Player to not use his or her best efforts in any Event.

Section D.1.f. No Covered Person shall, directly or indirectly, solicit or accept any money, benefit or Consideration with the intention of negatively influencing a Player’s best efforts in any Event.

Section D.2.a.i. In the event any Player is approached by any person who offers or provides any type of money, benefit or Consideration to a Player to (i) influence the outcome or any other aspect of any Event, or (ii) provide Inside Information, it shall be the Player’s obligation to report such incident to the TIU as soon as possible.

 Section F.2.b.   All Covered Persons must co-operate fully with investigations conducted by the TIU including giving evidence at hearings, if requested. No Covered Person shall (i)tamper with, damage, disable, destroy or otherwise alter any evidence or other information related to any Corruption Offense or (ii) solicit or facilitate any other person to tamper with, damage, disable, destroy or otherwise alter any evidence or other information related to any Corruption Offense.

The Tennis Integrity Unit is an initiative of the ATP, WTA, ITF and Grand Slam Board, who are jointly committed to a zero tolerance approach to betting-related corruption in professional tennis.

TIU Press Relase, January 25, 2020

Brazilian tennis player Joao Olavo Soares de Souza, who won nine ATP Challenger single titles, has received a lifetime ban together with a fine of $200,000 after being convicted of multiple match-fixing and associated corruption offences.

A Tennis Integrity Unit (TIU) investigation established that between 2015 and 2019 the player committed numerous breaches of the Tennis Anti-Corruption Program (TACP). These included repeated incidents of match-fixing at ATP Challenger and ITF Futures tournaments held in Brazil, Mexico, the United States and Czech Republic.

In addition to match-fixing offences, the player was also found to have:

• failed to report corrupt approaches
• failed to fully co-operate with the TIU, including destroying evidence
• solicited other players to not use best efforts

The case against Mr Souza was considered by independent Anti-Corruption Hearing Officer Prof Richard H. McLaren at a disciplinary Hearing held in London on 14 January 2020.

Prof McLaren’s decision to impose a lifetime ban means that with effect from 24 January 2020 the player is permanently ineligible to compete in or attend any sanctioned event organised or recognised by the governing bodies of the sport.

In March 2019, and prior to being charged with corruption offences, Mr Souza had been Provisionally Suspended from professional tennis, pending completion of the TIU investigation and case against him.

The 31-year old is currently ranked 742 in ATP singles, with a career-high of 69 reached in April 2015. As a doubles player his highest ranking was 70, achieved in January 2013.

The breaches of the TACP he has been found guilty of are as follows:

Section D.1.d. No Covered Person shall, directly or indirectly, contrive or attempt to contrive the outcome or any other aspect of any Event.

Section D.1.e. No Covered Person shall, directly or indirectly, solicit or facilitate any Player to not use his or her best efforts in any Event.

Section D.1.f. No Covered Person shall, directly or indirectly, solicit or accept any money, benefit or Consideration with the intention of negatively influencing a Player’s best efforts in any Event.

Section D.2.a.i. In the event any Player is approached by any person who offers or provides any type of money, benefit or Consideration to a Player to (i) influence the outcome or any other aspect of any Event, or (ii) provide Inside Information, it shall be the Player’s obligation to report such incident to the TIU as soon as possible.

 Section F.2.b.   All Covered Persons must co-operate fully with investigations conducted by the TIU including giving evidence at hearings, if requested. No Covered Person shall (i)tamper with, damage, disable, destroy or otherwise alter any evidence or other information related to any Corruption Offense or (ii) solicit or facilitate any other person to tamper with, damage, disable, destroy or otherwise alter any evidence or other information related to any Corruption Offense.

The Tennis Integrity Unit is an initiative of the ATP, WTA, ITF and Grand Slam Board, who are jointly committed to a zero tolerance approach to betting-related corruption in professional tennis.

Image copyright
Getty Images

Australian rugby union player Karmichael Hunt has avoided a conviction after a cocaine possession charge against him was dropped.

Hunt was arrested in Brisbane in December on the cocaine charge and a second count of possessing the prescription drug Xanax.

On Monday, the Wallabies player was fined a total of A$600 (£340; $475) over the second change and for failing to turn up to a police station.

His playing future remains unclear.

Prosecutors dropped the charge of cocaine possession due to a lack of evidence, local media reported.

Hunt’s lawyer, Adam Magill, argued in court that a conviction would have limited the rugby player’s movements in Australia and overseas.

The lawyer said Hunt had taken a tablet of Xanax from his partner to offset stress and to help him sleep.

He had failed to report to police for fingerprinting within seven days of being charged because he wanted to avoid media representatives outside his house, Mr Magill said.

Hunt was stood down by his team, Queensland Reds, immediately after the charges were laid on 30 December. The team and Rugby Australia did not immediately comment on Monday.

A former rugby league and Australian Rules football player, Hunt played six Tests for the Wallabies last year after making his debut against Fiji in June.

In 2015, Hunt received a six-week suspension and a A$30,000 ($23,400; £17,300) fine for cocaine possession.

WASHINGTON (AP) — 12:05 p.m.

Federal immigration authorities say a man being held in a suspected drunken-driving crash that killed an Indianapolis Colts player has a prior driving-under-the-influence conviction in California.

Linebacker Edwin Jackson and his Uber driver were fatally injured in the collision Sunday.

U.S. Immigration and Customs Enforcement spokeswoman Nicole Alberico says 37-year-old Manuel Orrego-Savala was convicted of a DUI in Redwood City, California, in 2005 and has numerous misdemeanor convictions and arrests in California and Indiana.

Orrego-Savala is a Guatemalan citizen who’s in the U.S. illegally. He was deported in 2007 and 2009.

He remained jailed Tuesday but has not been formally charged in the crash. The 26-year-old Jackson and 54-year-old Jeffrey Monroe were struck as they stood outside Monroe’s car along Interstate 70 in Indianapolis.

___

President Donald Trump says it’s “so disgraceful” that Indianapolis Colts linebacker Edwin Jackson was killed by a person who is in the U.S. illegally.

Trump is also prodding Democrats to work with him on illegal immigration and border security. Trump tweeted Tuesday: “So disgraceful that a person illegally in our country killed @Colts linebacker Edwin Jackson. This is just one of many such preventable tragedies. We must get the Dems to get tough on the Border, and with illegal immigration, FAST!”

Trump added in a second tweet: “My prayers and best wishes are with the family of Edwin Jackson, a wonderful young man whose life was so senselessly taken. @Colts.”

Authorities say the man suspected of the drunken-driving crash Sunday that killed Jackson has been twice deported from the U.S.