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Monday, June 25, 2012

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Sunday, June 24, 2012

thurrott: @bharadc23 That's what Microsoft told us it was, at the pre-Summit press briefing.

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Sandusky lawyers raise appeal issue on timing

In this booking photo released early Saturday morning June 23, 2012 by the Centre County Correctional Facility in Bellefonte, Pa., former Penn State University assistant football coach Jerry Sandusky is shown. Sandusky was convicted on Friday, June 22, 2012, of sexually assaulting 10 boys over 15 years Friday, accusations that had sent shock waves through the college campus known as Happy Valley and led to the firing of Penn State's beloved Hall of Fame coach, Joe Paterno.. (AP Photo/Centre County Correctional Facility)

Former Penn State University assistant football coach Jerry Sandusky, center, leaves the Centre County Courthouse in custody with Centre County Sheriff Denny Nau, left, after being found guilty of multiple charges of child sexual abuse in Bellefonte, Pa., Friday, June 22, 2012. Sandusky was convicted of sexually assaulting 10 boys over 15 years, accusations that had sent shock waves through the college campus known as Happy Valley and led to the firing of Penn State's beloved Hall of Fame coach, Joe Paterno. (AP Photo/Gene J. Puskar)

In this courtroom sketch, Judge John Cleland, second from left, defendant former Penn State assistant football coach Jerry Sandusky, right, and his lawyer Karl Rominger, second from right, listen at the verdict in Sandusky's child sexual abuse trial is read by the jury foreman at the Centre County Courthouse in Bellefonte, Pa., Friday, June 22, 2012. Sandusky was found guilty of 45 charges of child sexual abuse involving 10 boys over a period of 15 years. (AP Photo/Aggie Kenny)

Former Penn State University assistant football coach Jerry Sandusky, rear, leaves the Centre County Courthouse with a Centre County Sheriff's deputy after being found guilty of multiple charges of child sexual abuse in Bellefonte, Pa., Friday, June 22, 2012. Sandusky was convicted of sexually assaulting 10 boys over 15 years, accusations that had sent shock waves through the college campus known as Happy Valley and led to the firing of Penn State's beloved Hall of Fame coach, Joe Paterno. (AP Photo/Gene J. Puskar)

Jerry Sandusky leaves the Centre County Courthouse Friday, June 22, 2012, after being found guilty in his sexual abuse trial, in Bellefonte, Pa. Sandusky was convicted of sexually assaulting 10 boys over 15 years Friday, accusations that had sent shock waves through the college campus known as Happy Valley and led to the firing of Penn State's beloved Hall of Fame coach, Joe Paterno. (AP Photo/Centre Daily Times, Nabil K. Mark)

BELLEFONTE, Pa. (AP) ? Jerry Sandusky's lawyers said Saturday they tried to quit at the start of jury selection in his child sex abuse trial because they weren't given enough time to prepare, raising an argument on the trial's speed that could become the thrust of an appeal.

And one of the jurors who convicted Sandusky of 45 child sex abuse counts said Saturday he was swayed by the "very convincing" testimony of eight accusers who said the retired Penn State assistant football coach molested them for years.

"It's hard to judge character on the stand, because you don't know these kids," juror Joshua Harper told NBC's "Today" show. "But most were very credible ? I would say all."

A day after Sandusky's conviction, his lawyers disclosed they felt too unprepared to adequately defend him because of how quickly the case was brought to trial. Experts have said the seven months between Sandusky's November arrest and trial was fast-paced by Pennsylvania standards.

"We told the trial court, the Superior Court and the Supreme Court we were not prepared to proceed to trial in June due to numerous issues, and we asked to withdraw from the case for those reasons," attorney Joe Amendola told The Associated Press.

The issues included a scheduling conflict with a defense team member and the need to read a cache of documents produced by a lengthy grand jury investigation. Judge John Cleland denied their request.

The attorneys raised other issues that could be part of the future appeal, saying a mistrial was sought and denied over a repetition at trial of a brief part of a November interview Sandusky had with NBC's Bob Costas.

Jurors in the two-week trial convicted Sandusky of 45 of the 48 counts against him, meaning Sandusky, 68, likely will die in prison.

Harper said the accusers who testified one by one of horrific abuse at Sandusky's hands were each believable, "but then also the fact that we saw this corroborating story between all of them. It was very convincing."

Then Sandusky's impassive face when the verdict was read was confirmation for the jury, he said.

"I looked at him during the reading of the verdict and just the look on his face. No real emotion," he said, "because he knew it was true."

Harper said jurors had some issues with the testimony of Mike McQueary, a then-assistant who said he saw Sandusky assaulting a boy in the Penn State showers in 2001; jurors acquitted Sandusky on one count relating to the incident.

The case is poised to move to an investigation of university officials' role in reporting the charges; two ex-school administrators face trial on charges they didn't properly report McQueary's account of the suspected abuse in 2001.

Almost immediately after the verdict, Penn State President Rodney Erickson signaled an openness to quickly settle potential civil lawsuits arising from the convictions, saying the school "wants to provide a forum where the university can privately, expeditiously and fairly address the victims' concerns and compensate them for claims."

The university recently reported a $1.8 billion endowment. But both sides have reasons not to want to go to court, said Jason Kutulakis, a Harrisburg-area lawyer who specializes in child welfare and juvenile law. Victims are reluctant to get on the stand and have their credibility attacked, he said.

But "Penn State's got so much egg on their face, they probably just want to make it all go away," he said.

For now, the school is facing one lawsuit from an accuser, Travis Weaver, who was not among those represented in the criminal case against Sandusky.

Lawyers for McQueary, who testified against Sandusky, have signaled their intent to sue, along with a lawyer for one accuser, so-called Victim 5.

Jeff Anderson, who represents Weaver, said that he represents more victims of Sandusky's and that he will ask the court to allow him to begin seeking information from Penn State in Weaver's case.

The next step is to determine the extent of Penn State's culpability, lawyers say. In part, that means finding out who in the university's upper ranks knew Sandusky was preying on boys and could have stopped it.

The former Penn State officials facing charges, athletic director Tim Curley and retired vice president Gary Schultz, are charged with lying to a grand jury about what they knew of a 2001 incident in which McQueary said he saw Sandusky assaulting a boy in a football team shower.

A separate investigation by ex-FBI director Louis Freeh, who was hired by Penn State's board of trustees to investigate the university's handling of the Sandusky allegations, is due later this summer.

Hall of Fame coach Joe Paterno was fired for a failure of leadership for not going to the police after McQueary told him about that incident. The scandal also caused the departure of university president Graham Spanier.

Philadelphia-based lawyer Fortunato Perri Jr., who followed the trial, said the jury's dismissal of the charge involving the 2001 shower incident could help Curley and Schultz' defense.

"You've now had a jury kind of preview your case with respect to the credibility of McQueary, and they didn't believe him," Perri said. "Who knows if the next jury would believe him or not believe him?"

But the administrators' attorneys would probably be precluded from introducing the acquittal evidence at the separate trial, Perri said.

Sandusky's sentencing is expected to occur in about three months; an exact date hasn't been set. Because of the severity of the charges and mandatory minimum sentences, he faces an effective life sentence.

Until his next court date, Sandusky is one of 272 inmates at the Centre County Correctional Facility, seven miles from the Penn State campus. He was kept under watch overnight and is allowed access to some personal items including a prayer book, and can get visits from family, friends and attorneys.

Rominger said he planned to visit him on Sunday.

___

Associated Press Writer Marc Levy in Harrisburg, Pa., contributed to this report.

Associated Press

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Saturday, June 23, 2012

Comprehending How a Buyer's Agent Can Assist you to ...

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Pique oil: the yoga guru and the Caribbean lawsuit

The Irish Times - Saturday, June 23, 2012

A very Irish drama is playing out in a distant part of the British empire, with the businessman and former yoga guru Tony Quinn at its centre. PAUL CULLEN?reports from Road Town, Tortola, in the British Virgin Islands

THE COURTROOM IS bedecked with Union Jacks, and the registrar starts proceedings by saying, ?God save the queen,? but there is a distinctly Irish tinge to the case being heard on this tiny island by the commercial division of the Eastern Caribbean Supreme Court.

The presiding judge, Justice Edward Bannister, has the tricky task of deciding who is right about a mass of claims and counterclaims being made by the present and former directors of International Natural Energy (INE), which struck oil in Belize with the financial help of scores of small investors from Ireland.

Two of the company?s Irish founders, Sheila McCaffrey and Susan Morrice, are at loggerheads over control of a company that has earned hundreds of millions of euro in oil revenue over the past five years.

And then there is Tony Quinn, the yoga guru, health-food shop owner, hypnotherapist and now INE director, who has the most to win or lose from the proceedings. Quinn was given 64,000 shares in the company in 2006 ? this is not in dispute by either side ? and stands to earn $23 million (?18 million) under an agreement reached with INE last August to buy them back. But Justice Bannister has stopped this transaction going ahead until the case brought by McCaffrey is dealt with.

In her claim, McCaffrey alleges the company is being mismanaged, with money being diverted to benefit Morrice and Quinn. She says Quinn?s shares were never validly allotted. The two deny her claims and say she was removed because she had become impossible to work with and was unsuited to running the business as it grew.

The case, which is being heard in the British Virgin Islands because INE is incorporated nearby in the Caribbean, is being watched closely by the small investors, some of whom hope to launch a derivative action on foot of McCaffrey?s action. In spite of its success in striking oil, the company has yet to pay a dividend, although two years ago it did release loans to some shareholders under strict conditions.

Many of the shareholders who borrowed at the height of the Celtic Tiger to invest in the company are now under immense financial pressure and desperate for a payout. A handful of the disaffected shareholders made the long trip to the Caribbean this week to observe the trial. Quinn, his hair bleached and his complexion ruddied by the tropical sun, had a shorter trip, having flown over with his partner, Eve, from his home in the Bahamas.

Lots of companies get into dispute, and friends fall out, particularly when large sums of money are involved. What distinguishes this case is the ties that originally linked the Irish directors and shareholders, all of which lead back to Quinn and his ideas about the power of the mind to influence events.

For 50 years big oil companies prospected for oil in Belize with no success. Then INE?s subsidiary Belize Natural Energy, a minnow in the sector, came along and struck black gold at the first attempt.

The fairy tale started after Morrice and McCaffrey met on the White House lawn in the mid-1990s, at one of Bill Clinton?s drives to promote investment in Northern Ireland. They joined forces with Paul Marriott, an English drilling contractor, and secured funding from investors who, like them, had attended Quinn?s Educo Mind Power seminars. More than 300 people stumped up at least ?40,000, many of them borrowing from friends, family and banks to do so.

There was even an Irish connection in the transportation used to bring the drilling rig to Belize, when Marriott found space on a Fyffes banana boat returning from the UK to Central America with an empty load.

?It was unexpected in our business that the first well you drill in a country with 50 years of dry wells would produce a discovery so fast,? Marriott said in court this week. Last year he sued the company and reached a settlement.

Most people would put such an oil find down to luck and science. But some of those who attended Quinn?s ?18,500-a-pop seminars believe one of the reasons they struck oil arose from the application of his techniques to focus the mind and remove doubts and negative thoughts.

?I believe that thought, or belief, can affect matter,? says Ralph McCutcheon, an osteopath from Holywood, Co Down, who invested in the venture. ?I did therefore believe that our belief, as developed at the seminars, helped us find oil in Belize. Of course, there?s science and geology involved, but the concentration of thought helped direct our efforts.?

Even though he is now prominent among the rebel shareholders who are critical of Quinn?s involvement in the oil company, McCutcheon says he benefited from attending the seminars.

?I was coming out of a divorce, and at a low ebb in my life, when one of my patients mentioned them. I decided to give it a go. For me, the results were impressive. I regained my energy, I could operate on only four hours? sleep a night and I rebuilt my practice.

But McCutcheon believes some of those who attended the seminars overestimated their abilities and are now hugely in debt having borrowed too heavily for business ventures.

Quinn wasn?t involved in Belize when the oil was found, but his influence in the company grew after he was given shares. Marriott, in his evidence, said he was ?taken aback? at Quinn?s growing influence and gave it as a factor behind the growing divisions between the other directors.

Quinn flew here this week by private jet from his home in Paradise Island on the Bahamas, accompanied by his South African partner Eve and housekeeper Mary Power. Outside, stray chickens wandered around in the island heat, but inside the the air-conditioned courtroom, the atmosphere was glacial as both sides settled down for this latest round of their dispute.

This week the court has heard evidence about a series of fractious meetings between the directors in 2007 and 2008 at which efforts were made to resolve their growing differences. A new operating agreement that centralised control among the directors was introduced under disputed circumstances. Some of the directors shifted allegiances back and forth as the dispute played out, and there is little agreement between the two sides about what happened behind closed doors. As Justice Bannister delicately put it this week: ?The idea that everything in this case happened as it was stated to happen requires some testing.?

McCaffrey sounds to have been the biggest loser, having received nothing for her shareholding. She was removed as a director and her home in Belize was searched by the police on foot of a company complaint. With limited resources, she struggled for a number of years to get her case into court. She described her evidence to court this week as ?a snapshot of the living hell? she had endured over the past five years.

Whatever the outcome of the current case, it won?t mark the end of the disputes. The case taken by another director, Jean Cornec, over ?11.7 million he says he is due for his shares is scheduled to be heard in Denver, Colorado, next year. Quinn has been ordered by the Irish courts to attend that case.

Meanwhile, the disaffected shareholders are still hoping to have their day in court.

Mind, body, spirit: the Tony Quinn way?

Anyone who lives in Dublin and is of a certain age is likely to remember Tony Quinn, although he has lived for years in the Bahamas.

Through his Blueprint for Living newsletters, which were widely circulated in the capital, his frequent appearances on The Late Late Show and his role as a mind coach for the boxer Steve Collins, Quinn was a familiar, if controversial, presence on the Irish landscape for almost four decades.

His latest incarnation is as an oilman, and his role as a director of International Natural Energy has come under scrutiny in successive court actions taken by former directors.

The 64-year-old was one of the first people to make yoga popular in Ireland, and he opened the first of a string of health-food shops on Eccles Street in Dublin in 1976. After branching into hypnotherapy he built on the publicity he received over his involvement with Collins by organising large seminars promoting his Educo system of ?mind technology?. At their height, prices for higher-level seminars ranged up to ?60,000.

Issues that have come under scrutiny include his claims to have healing powers, the devotion he enjoys from his closest confidantes, the financial hardship of some of those who borrowed heavily to attend his seminars and his latest involvement in INE.

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