Word: pretrial
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...Senate criminal justice subcommittee now wants to give courts that authority, with a bill that would require pretrial in camera hearings on the relevance of intelligence information. It is not a perfect solution-the Government must still decide whether to prosecute if the judge allows secrets to be disclosed...
...some cases. "How much can you narrow the issues when the question is, 'Did a two-decade course of conduct in an industry amount to willful monopolization?' " asks Judge Jon O. Newman, who presided over the SCM Corp.'s $1.5 billion antitrust suit against Xerox. Pretrial discovery took 3½ years ("Not bad, considering," says Newman), during which the judge had to write 46 separate opinions on procedural motions alone; such motions can be another delaying tactic that, in the words of Miller, is "limited only by a lawyer's demonic imagination." When the case...
...another hearing in Guyana last week, Larry Layton, the cult member who pretended he wanted to return home with Congressman Leo Ryan and ended up taking part in the shooting at the airstrip, was charged with the Congressman's murder. Another cult survivor testified at Layton's pretrial hearing that Jones himself had talked about the need for Ryan's death and predicted that his plane would "fall out of the sky." Survivors returning to the U.S. have told the FBI that the cult's basketball team, to which Jones' natural son Stephan...
...bail. "The longer the delay, the more likely the witness will be intimidated. Our lenient bail practices have not helped," says Kaplan, noting that they put the accused back on the street, where he can seek out his accusers. Some district attorneys have proposed a starkly realistic solution: compulsory pretrial depositions, which roughly means getting a witness's testimony quickly on the record. That way, Boston Special Assistant D.A. Thomas Dwyer explains, "if the witness is murdered before the trial, you can use the deposition...
...trial in the small Ukrainian town of Gorodnya near Kiev on charges of "anti-Soviet agitation." The pattern of the proceedings was much the same as in the previous trials. Like Shcharansky, Alexander Ginzburg and Viktoras Petkus, Lukyanenko refused to make a public confession, despite seven months of pretrial interrogation. Instead, he went on a hunger strike when the summary four-day trial began, refused to accept a court-appointed attorney, and conducted his own defense. Paying heavily for his defiance, he was sentenced to the maximum under the law: ten years of hard labor in a concentration camp...