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DNA tests confirm Cleveland kidnapping suspect is father of victim's daughter, authorities say

Fri, 05/10/2013 - 10:49am

The Ohio attorney general says preliminary tests confirmed that alleged kidnapper Ariel Castro is the father of a 6-year-old girl rescued from his house with three women this week.

Attorney General Mike DeWine's office confirmed Castro's paternity in a news release Friday. DeWine says a sample of Castro's DNA was taken Thursday and forensic scientists worked through the night on the case.

The girl is the daughter of Amanda Berry, who authorities say was held for about a decade in Castro's house in Cleveland along with Gina Dejesus and Michelle Knight.

Meanwhile the FBI says it did not recover human remains in its search of the house. 

FBI spokeswoman Vicki Anderson says investigators have for now concluded their search at the house where the women were found earlier this week. 

Anderson said Friday that agents took more than 200 items from the house, though she wouldn't discuss what was found. 

Prosecutors say they may seek the death penalty against Castro. Police say he impregnated one of his captives at least five times and made her miscarry by starving and beating her. 

Castro is being held on $8 million bond.

The Associated Press contributed to this report.

Categories: US News

Texas man charged with possession of explosive device

Fri, 05/10/2013 - 10:43am

A Texas emergency medical services technician was arrested and charged Friday with possession of a destructive device.

Bryce Reed is scheduled to appear in federal court Friday in Waco, Texas.

Reed is part of West's Emergency Medical Services and was one of the incident commanders during the deadly April 17 fertilizer plant explosion.

Texas law enforcement officials are now launching a criminal investigation into the explosion. Investigators have largely treated the West Fertilizer Co. blast that killed 14 as an industrial accident. 

The Texas Department of Public Safety said in a Friday statement that the agency has instructed the Texas Rangers and the McLennan County Sheriff's Department to launch a criminal probe. 

DPS Director Steven McCraw says in a statement he wants to ensure "no stone goes unturned" in the investigation. 

There is no known connection between Reed and the explosion at this time. 

The Associated Press contributed to this report. 

Categories: US News

Packing for school: Pa. university lifts ban on guns

Fri, 05/10/2013 - 10:14am

A state-run Pennsylvania university has revised its campus policy to allow students and employees with permits to carry concealed guns in open areas.

Under the new policy at Kutztown University, any university employee or student with a legal permit and "compelling" personal safety reasons can request authorization from campus police on a case-by-case basis. All weapons, including legally-registered firearms, will still be banned from academic buildings, student residence halls, dining facilities and sporting events. The reversal came after state lawyers warned public colleges all-out weapons bans that go farther than federal laws put them on shaky legal ground. 

"While I am cognizant of the concerns associated with this change, as a state institution we must follow the advice of legal counsel and do what is necessary to comply with the Second Amendment," Kutztown President F. Javier Cevallos wrote students in an email obtained by FoxNews.com. "I can assure you that we have done everything to implement the strongest policy possible, while staying in compliance with constitutional rights."

The policy change was made following a determination by the Pennsylvania State System of Higher Education (PASSHE) that a blanket prohibition against the possession of weapons on campus is legally unenforceable. As a result, the presidents of Pennsylvania's 14 state-owned universities were advised by attorneys from the state's Office of General Counsel to review current weapons policies to ensure they are defensible in a court of law, PASSHE spokesman Kenn Marshall told FoxNews.com.

"Basically, an outright weapons ban would not withstand a legal challenge," Marshall said Friday, adding that he was unaware of a specific complaint that led to the reconsideration. Marshall was unaware of changes to weapons policies at the state's other higher learning institutions, he said.

The issue of guns on college campuses has made national headlines since the 2007 shooting at Virginia Tech University, in which 32 people died and 17 others were wounded in the deadliest shooting incident by a single gunman in U.S. history. Twenty-two states, including California, New York and Florida, currently ban carrying a concealed weapon on a college campus. Sixteen states introduced legislation to allow concealed carry on campus under certain conditions, but none of those measures passed, according to the National Conference of State Legislatures.

Furthermore, five states, including Colorado and Oregon, currently have provisions allowing the carrying of concealed weapons on public postsecondary campuses. Utah, meanwhile, remains the only state to specifically name public universities as public entities that do not have the authority to ban concealed carry. As such, all 10 public institutions in Utah allow concealed weapons on campuses.

In Texas, lawmakers approved a bill on Thursday that drastically reduces the number of training hours needed to obtain a state concealed handgun license. Texas has more than 500,000 concealed handgun license holders, the Associated Press reports, including Gov. Rick Perry, who can now sign or veto the bill.

Calls seeking comment from Pennsylvania Gov. Tom Corbett were not immediately Friday. Officials from the National Rifle Association also did not return messages seeking comment.

Nils Hagen-Frederiksen, press secretary for Gov. Corbett's office of general counsel, told FoxNews.com that questions were raised last year by students who possessed a valid license to carry a firearm about the constitutionality of blanket firearms bans on state-owned campuses.

"Kutztown University considered the more narrowly tailored model policy, made revisions to it, and the administrative council (comprised of student, faculty and administration leaders) adopted it as the policy of the university," Hagen-Frederiksen wrote in an email.

Kutztown University, which was founded in 1866, had an enrollment of 9,804 students from more than 20 states and countries in 2012, according to its website, and is located on 289 acres in Berks County.

John Haller, Pennsylvania director of the Students for Concealed Carry, told FoxNews.com he welcomed Kutztown's revised policy.

"It's a positive movement," Haller said. "Properly trained and licensed Pennsylvanians should be able to exercise their Second Amendment rights on a college campus the same way they would elsewhere."

While the weapons policies of private universities remain a separate issue, Haller said he strongly disagrees with critics of the change who say firearms have no place on college campuses under any circumstance.

"Criminal activity can happen anywhere and I think you saw that very clearly with the Boston bombings," Haller said. "Of course, universities want to create a dynamic academic environment where people can exchange ideas safely, but the carrying of firearms by properly trained and licensed people is not incompatible with that, quite frankly. We should be allowing college students the ability to defend themselves."

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Rare coins worth millions displayed in New Orleans

Fri, 05/10/2013 - 10:08am

Coin enthusiasts are getting a glimpse of more than $100 million worth of rare money including some of the crown jewels of money collecting at the National Money Show in New Orleans.

Among the attractions are two exceedingly rare 1913 Liberty Head nickels valued at more than $5 million. One was hidden in a Virginia closet for four decades before selling at auction last month for $3.17 million. The other was frequently carried in the pocket of a former owner from Wisconsin so he could show it to strangers.

The show runs through Saturday.

Other highlights include an 1804 silver dollar valued at more than $3 million and an example of the first coin authorized by President George Washington -- a 1792 half disme, an early spelling of the word dime.

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Teen charged with murder in case of missing Georgia college student

Fri, 05/10/2013 - 9:41am

Police say a teenager has been apprehended and charged with murder in the case of a Middle Georgia State College student missing for more than two weeks.

Campus police say the 17-year-old suspect was taken into custody Thursday night.

The school said in a statement that the Hawkinsville teenager is enrolled at a high school and at the central Georgia college.

Authorities say he's charged with murder in the disappearance and death of 19-year-old freshman Jmaal Malik Keyes of Austell, who was living in a residence hall on the school's Cochran campus when he was last seen April 25.

School officials said campus police worked with the Georgia Bureau of Investigation and local police to search numerous times for Keyes and followed up leads, one of which lead to Thursday's arrest.

Click for more from MyFoxAtlanta.com.

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Tunisian man accused in terror cell plot charged with visa fraud

Fri, 05/10/2013 - 12:00am

A Tunisian man accused of radicalizing a Canadian resident charged in a plot to derail a train has been charged with trying to stay in the United States illegally to build a terrorism cell for international acts of terror such as poisoning a water system with bacteria, authorities said Thursday.

Law enforcement authorities had watched Ahmed Abassi since he arrived in the United States from Canada in mid-March and arrested him on April 22 at John F. Kennedy International Airport, authorities said. Abassi met regularly with an undercover FBI agent and met with another Tunisian citizen who later was arrested in Canada in the plot to derail the train, they said.

"As alleged, Ahmed Abassi had an evil purpose for seeking to remain in the United States — to commit acts of terror and develop a network of terrorists here and to use this country as a base to support the efforts of terrorists internationally," U.S. Attorney Preet Bharara said in a release issued after the federal indictment against Abassi was unsealed on Thursday.

The head of the New York FBI office, George Venizelos, said: "Mr. Abassi came to the United States to pursue terrorist activity and support others in the same shameful pursuit. What Mr. Abassi didn't know was that one of his associates, privy to the details of his plan, was an undercover FBI agent."

Prosecutors, in a letter submitted to a U.S. District Court judge in Manhattan, said Abassi had radicalized Chiheb Esseghaier, who is charged in Toronto with conspiring with al-Qaida members in Iran to derail a train that runs between New York City and Montreal. Esseghaier appeared briefly in court on April 24 and made a statement suggesting he did not recognize the court's jurisdiction.

Prosecutors said Abassi told an undercover FBI agent that Esseghaier's plans were good but the time was not right.

"The defendant noted that he had suggested an alternative plot — contaminating the air or water with bacteria in order to kill up to 100,000 people — but that Esseghaier was dismissive of that plan," the government said.

It said Abassi also proposed that they help Muslims fighting in Syria by sending money or weapons.

"He also stated that he wanted to remain in the United States and that if he was living in the United States he would be willing to carry out terrorist operations in the United States," prosecutors wrote. "In reality, the defendant made clear that his true purpose for obtaining immigration documents that would allow him to remain in the United States was to engage in 'projects' relating to future terrorist activities, including recruitment."

The indictment charges Abassi with two counts of lying on two immigration forms for a green card and work visa. Each count carries a maximum term of 25 years in prison upon conviction.

Abassi denied the immigration fraud charges during a secret arraignment a week ago, telling the judge, "Your Honor, I am not guilty." His lawyer Sabrina Shroff said he "flatly denies the accusations in the indictment."

Prosecutors say that Abassi, in recorded conversations with Esseghaier and the undercover officer, discussed his desire to raise funds for terrorist organizations such as the Nusrah Front, or al-Qaida in Iraq. Abassi also named to the undercover officer people he knew who were like-minded and might be willing to engage in terrorism, according to the court papers.

Prosecutors have indicated they likely will bring additional charges against Abassi.

In a court appearance Thursday, Abassi told U.S. District Judge Miriam Goldman Cedarbaum that he understood that he will be spending the time before his next court appearance on June 11 preparing his case with his lawyers.

In a statement, Royal Canadian Mounted Police Sgt. Greg Cox said the department had worked very closely with the FBI.

"The FBI's parallel investigation has led ultimately to the laying of charges against the individual in the U.S.," he said.

Canadian Public Safety Minister Vic Toews called the development a "significant arrest" and noted that the Canadian government recently passed legislation to give security agencies additional tools to prevent terror attacks in Canada.

Categories: US News

California jogger apparently mauled to death by 4 pit bulls

Fri, 05/10/2013 - 12:00am

Authorities in rural Los Angeles County were warning people to be on the lookout for four pit bulls suspected of killing a 63-year-old jogger Thursday.

Sheriff's Lt. John Corina told reporters that a woman in a car saw the dogs attacking the female jogger Thursday morning. The witness called 911 and honked her horn to try to get the dogs to stop.

"When the first deputy on scene saw one dog still attacking the woman, he tried to chase the dog away," Corina said. "The dog ran off into the desert, then turned around and attacked the deputy, the deputy fired a round at the dog and tried to kill the dog, and the dog took off into the desert."

The woman died while she was in an ambulance on the way to a hospital near the high desert community of Littlerock, about 65 miles northeast of Los Angeles, said Evelina Villa, county animal control spokeswoman.

The coroner's office was investigating to determine the cause of death.

Sheriff's officials alerted people in the area to watch for the four tan-colored dogs, and they were using a helicopter to search for them.

Officials searching for the dogs involved in the attack inspected pit bulls at homes in the area Thursday afternoon, but no matches were immediately found.

It was unclear whether the dogs that attacked the woman had collars or owners.

"In these areas, you might have a situation where people dump animals out in rural areas," said John Mlynar, a spokesman for the nearby city of Palmdale. He added that he'd never heard of an attack like Thursday's.

Residents who live near the site of the attack said stray dogs are constantly roaming the area and have attacked people before.

"It's really scary," Diane Huffman, of Littlerock, told KABC-TV. "I don't know what to think. I really think I'm going to be getting a gun to protect myself."

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Ohio man's ex-relatives say he beat them, kept mannequin in home

Thu, 05/09/2013 - 11:13pm

Years before when authorities say Ariel Castro kidnapped two teenage girls and a young woman and held them captive in his basement, he terrorized the mother of his children, viciously beating her and locking her inside the house, her relatives said Thursday.

In interviews with The Associated Press, relatives of Grimilda Figueroa, who died after a long illness last year, described Castro as a "monster" who abused her in demented ways. He once shoved her into a cardboard box and closed the flaps over her head, said Elida Caraballo, her sister.

"He told her, `You stay there until I tell you to get out,"' recalled Caraballo, who cried as she recalled her late sister's torment. "That's when I got scared and I ran downstairs to get my parents."

Castro, a 52-year-old former school bus driver, was arrested Monday, when one of the three women, Amanda Berry, broke out of his Cleveland house and called 911 while he was away. Police found the two other women inside. The women had vanished separately between 2002 and 2004, when they were 14, 16 and 20 years old.

Castro has been charged with rape and kidnapping. During his brief arraignment Thursday, he tried to hide his face and didn't speak or enter a plea. A public defender assigned to represent him didn't comment on his guilt or innocence.

Some relatives of Castro have said they were shocked by the allegations against him. An uncle, Julio Castro, said it's been difficult news to absorb.

"Of course we have taken it hard," he said. "We only knew one Ariel, my sweet nephew. He was a sweet, happy person, a musician. We didn't have the slightest idea of the second person in him."

But relatives of Figueroa, Ariel Castro's former common-law wife, said that Castro savagely beat her over the years, shoving her down a flight of stairs, breaking her nose and dislocating her shoulder, among other injuries.

Castro kept Figueroa imprisoned inside her own home, locking the doors from the inside, and forbade her from using the telephone, Caraballo said. After warning her not to leave, he would test her to see if she obeyed, Caraballo said.

"He would go creeping downstairs, not telling her that he's home, spying on her," Caraballo said. "See who she's calling. Next thing you know, he'll pop upstairs."

Monica Stephens, Castro's former daughter-in-law, married Castro's son in 2004 but split from him in 2006. On Thursday, she recalled how her ex-husband told her that he and his mother were beaten by Castro.

"They were like hostages in their own house," she said.

Castro, to frighten his wife, kept a mannequin wearing a dark wig propped up against a wall and sometimes drove around the neighborhood with it, relatives said.

"He threatened me lots of times with it," said Angel Caraballo, Castro's nephew, who used to play with his cousins at the house where the kidnapped women were found. "He would say, `Act up again, you'll be in that back room with the mannequin."'

One day, Figueroa was returning home with her arms full of groceries when Castro jumped into the doorway with the mannequin, frightening her so badly that she fell backward and smashed her head on the pavement, Elida Caraballo said.

In 1996, Castro hit Figueroa for the last time, family members said. After one particularly bad beating, Figueroa ran outside with one of her sons, crying out to neighbors just as the captive women did on Monday, Caraballo said.

"The neighbors went across the street to get her," Caraballo said. "And that was the last time she ever stepped in the house."

Categories: US News

Teen points Ohio authorities to bodies of 2 others

Thu, 05/09/2013 - 10:38pm

Authorities in northwest Ohio say one of three teenage boys named in an Amber Alert has been located several counties away and has pointed them to the bodies of the other two.

Ottawa police say the Thursday morning alert about two missing 17-year-olds and a missing 14-year-old was issued after a mother returned to a Putnam County trailer home and found a crime scene. Police and the sheriff have released no details about that scene, the bodies or where they were found. Autopsies are planned.

Investigators say one of the 17-year-olds and a missing car were found in Columbus, about 90 miles southeast of Ottawa. Authorities say the teen was detained and told them where the bodies were.

There has been no word on any possible charges.

Categories: US News

Doctors group says Syria's health system shattered

Thu, 05/09/2013 - 10:13pm

A Nobel Peace Prize-winning medical group says Syria's health system has been shattered during the more than two-year conflict and that their organization plans to nearly double their presence in the country.

Members of Medecins Sans Frontieres told a briefing Thursday that they were forced to work inside private homes and even in a cave, as the group has yet to receive government permission to work inside the country.

The official death toll has been estimated at more than 70,000, but the group said the actual toll appears to be much higher.

The group, also known as Doctors Without Borders, said it was struck by the absence of other aid groups working Syria.

Categories: US News

California jogger dies after being mauled by 4 pit bulls

Thu, 05/09/2013 - 9:24pm

Authorities in rural Los Angeles County were warning people to be on the lookout for four pit bulls suspected of killing a 63-year-old jogger Thursday.

Sheriff's Lt. John Corina told reporters that a woman in a car saw the dogs attacking the female jogger Thursday morning. The witness called 911 and honked her horn to try to get the dogs to stop.

"When the first deputy on scene saw one dog still attacking the woman, he tried to chase the dog away," Corina said. "The dog ran off into the desert, then turned around and attacked the deputy, the deputy fired a round at the dog and tried to kill the dog, and the dog took off into the desert."

The woman died of her wounds while she was in an ambulance on the way to a hospital near the high desert community of Littlerock, about 65 miles northeast of Los Angeles, said Evelina Villa, county animal control spokeswoman.

Sheriff's officials were alerting people in the area to watch for the four tan-colored dogs, and they were using a helicopter to search for them.

Meanwhile, the woman's death is under investigation.

It was unclear whether the dogs had collars or owners.

"In these areas, you might have a situation where people dump animals out in rural areas," said John Mlynar, a spokesman for the nearby city of Palmdale. He added that he'd never heard of an attack like Thursday's.

Residents who live near the site of the attack said stray dogs are constantly roaming the area and have attacked people before.

"It's really scary," Diane Huffman, of Littlerock, told KABC-TV. "I don't know what to think. I really think I'm going to be getting a gun to protect myself."

Categories: US News

Ore. smokejumpers skydive into illegal pot garden

Thu, 05/09/2013 - 7:19pm

A team of smokejumpers parachuting into a fire in the mountains of Southern Oregon landed in an illegal marijuana garden being prepared for growing season.

The six smokejumpers from a base in Redmond found the site Monday evening, when there was a rash of lightning strikes.

Jackson County sheriff's spokeswoman Andrea Carlson says the smokejumpers notified authorities, who hiked into the remote site in the Rogue River-Siskiyou (SIS'-kee-yoo) National Forest. They seized two guns and more than 1,000 little pot plants.

Carlson says the site near the community of Applegate was being cultivated by growers for Mexican drug gangs, and it's been used before.

She says the smokejumpers saw some people but weren't sure whether they were pot growers, so no one was arrested.

The smokejumpers extinguished the fire after it burned less than an acre.

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Man arrested following Arias trial bomb threat

Thu, 05/09/2013 - 7:10pm

Arizona authorities have arrested an 18-year-old Phoenix man in connection with a bomb threat that was tweeted after the Jodi Arias verdict was announced.

Maricopa County Sheriff's Deputy Joaquin Enriquez says Laquint Cherry was taken into custody early Thursday. He's facing a felony charge for making threats.

The investigation began Wednesday night after someone tweeted that an explosive device was going to be placed in the courtroom and was going to detonate Thursday afternoon. The sheriff's office increased security and conducted additional bomb sweeps but found nothing.

Enriquez says detectives traced the Twitter activity to a hotel in west Phoenix. The bomb squad and the SWAT team responded, and Cherry eventually came out of the hotel room. A woman who was with him was questioned and released.

Enriquez says the investigation is ongoing.

It wasn't immediately clear if Cherry had legal representation.

Categories: US News

Arias trial now turns to whether she lives or dies

Thu, 05/09/2013 - 6:21pm

Jodi Arias will spend the weekend on suicide watch and return to court next week when jurors are expected to consider whether the death penalty should be an option for the former waitress' sentence.

Minutes after her conviction for killing a former boyfriend, Arias told a TV station she would "prefer to die sooner than later," complicating matters for defense lawyers who had hoped to spare her life during the penalty phase of the trial. The case was scheduled to resume Thursday, but court officials postponed it until Wednesday without any explanation.

The surprising interview with Fox affiliate KSAZ only added to the circus-like environment surrounding the trial, which has become a cable TV sensation with its graphic tales of sex, lies and violence. Since her arrest, Arias has repeatedly sought the spotlight, including TV interviews, 18 days on the witness stand before a global audience, jailhouse tweets and now the post-conviction comments.

She cannot choose the death penalty. It is up to the jury to make a sentencing recommendation, and the judge will then make the final decision.

If she were sentenced to death, she could decide not to appeal to speed up the process, but it could still take years to play out as she lives under punishing conditions on death row. The state Department of Corrections says Arizona death row inmates have little contact with the outside world and only get to leave their solitary cells for two hours a day, three times a week. They get three showers a week.

The panel of eight men and four women convicted Arias of first-degree murder Wednesday after about 15 hours of deliberations over four days. Testimony began in early January.

The so-called "aggravation" phase of the trial was expected to begin next week. When it does, jurors will deliberate one more time to determine whether the death penalty should be an option for sentencing Arias.

Prosecutor Juan Martinez must convince the panel that the murder was committed in an especially cruel, heinous and depraved manner. This phase will be a mini-trial of sorts, as both sides call witnesses to present testimony to jurors — the defense in an effort to spare Arias' life, the prosecution to at least have a shot at a death sentence.

If jurors find the killing fits the definition of cruel and heinous, the panel will recommend either life in prison or death.

If the panel finds no aggravating factors exist, jurors will be dismissed and the judge will determine whether Arias should spend the rest of her life in prison or be sentenced to 25 years with the possibility of release.

Arias admitted killing her onetime boyfriend Travis Alexander on June 4, 2008. She initially denied any involvement, then later blamed masked intruders. Two years after her arrest, she said it was self-defense when the victim attacked her after a day of sex.

Prosecutors said she planned the killing in a jealous rage as Alexander wanted to end their affair and was planning to take a trip to Mexico with another woman.

Phoenix criminal defense lawyer Dwane Cates said Arias has presented obstacle after obstacle for her defense attorneys, who are now just trying to save her life.

"Her defense counsel put four years of their lives into this," Cates said. "They're trying to do everything they can for her, and every problem they have in this case is caused by her.

"Every time she opens her mouth, she creates a new problem for the defense," Cates added.

He said prosecutor Juan Martinez will likely play for jurors the jailhouse interview from several years ago in which she said she wouldn't be convicted — along with the interview she did after her conviction.

"I would say, 'Ladies and gentlemen, she challenged you to convict her and you did. Now give her her wish and put her to death,'" Cates said.

Defendants convicted of crimes rarely do interviews right after convictions and before being sentenced, but Arias honored an earlier request that she talk to the Fox station in the event of a first-degree murder conviction.

The Maricopa County Sheriff's Office, which runs the jail system, has allowed Arias to do other media interviews and even put on a videotaped "American Idol"-style Christmas singing contest in which Arias took home the top prize.

The sheriff's office said no more interviews will be allowed with Arias now that she is on suicide watch.

During the next phase of the trial, prosecutors will likely call back to the witness stand the medical examiner who performed the autopsy, as well as the lead detective to explain for jurors how Alexander did not die quickly and likely suffered tremendous pain.

Arias stabbed and slashed Alexander nearly 30 times, shot him in the forehead and slit his throat from ear to ear, leaving the motivational speaker and businessman nearly decapitated before she dragged his mutilated body into his shower where friends found him about five days later.

Complicating things even more for her attorneys are Arias' own words. As she sat in jail awaiting trial several years ago, she made a bold prediction during an interview on the television show "Inside Edition."

"No jury will convict me," she said. Then she went before a camera Wednesday and made more news.

"Longevity runs in my family, and I don't want to spend the rest of my natural life in one place," a tearful Arias said. "I believe death is the ultimate freedom, and I'd rather have my freedom as soon as I can get it."

___

Brian Skoloff can be followed at https://twitter.com/bskoloff .

Categories: US News

Mass. high court mulling drug lab case procedures

Thu, 05/09/2013 - 5:55pm

Justices of Massachusetts' highest court heard arguments Thursday on whether special magistrates who are trying to unburden trial courts of a flood of drug cases tainted by a state laboratory scandal may release convicts on bail before they're granted new trials.

Special "drug lab" court sessions began after authorities shut down Hinton state lab in Boston last summer following allegations that former chemist Annie Dookhan faked test results and tampered with evidence in narcotics cases.

Dookhan, 35, of Franklin, has pleaded not guilty to perjury, obstruction of justice and other charges following a 27-count grand jury indictment stemming from cases in six counties. Authorities have said Dookhan tested more than 60,000 drug samples involving 34,000 defendants during her nine years at the lab.

Since then, dozens of defendants whose cases involved evidence that Dookhan handled have been freed while their new trial motions are pending.

But Essex County District Attorney Jonathan Blodgett is challenging whether the special magistrates, all retired Superior Court judges, may put sentences on hold and release drug convicts on bail before decisions on whether they'll get new trials.

Typically, a judge first decides whether a defendant should get a new trial and then considers whether that person should be free in the meantime.

Blodgett's office also is asking the high court to decide whether a special magistrate has the authority to reconsider a decision by a judge to deny a motion to put a sentence on hold and release a defendant on bail. And the district attorney wants the court to clarify whether a guilty plea by a so-called Dookhan defendant is valid if the process involves a judge and a special magistrate.

"The rules of criminal procedure are not being followed," Essex Assistant District Attorney Ron DeRosa told the seven judges of the Supreme Judicial Court.

But lawyers from the American Civil Liberties Union of Massachusetts and the state's public defender agency, Committee for Public Counsel Services, argued that the thousands of defendants whose cases are caught up in the crisis deserve immediate relief.

"Defendants lost their liberty on account of this fraud," CPCS attorney Beth Eisenberg told the justices.

The agencies made their legal arguments on behalf of two drug convicts from Essex County cases who are seeking release from custody.

ACLU lawyer Matthew Segal asked the justices to affirm the authority of the special magistrates, saying defendants are bearing a burden caused by misconduct at the lab.

In a third related case, Assistant Attorney General Jennifer Miller argued on behalf of the Massachusetts Superior Court system, saying use of special magistrates is an effort by the court "to address these cases in a timely way and in an unchaotic way."

She said the lab scandal set up an unprecedented problem in the criminal justice system, and that inmates need a mechanism to come forward and ask for release.

A court spokeswoman said the justices will issue a ruling within 130 days.

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