Greg Bluestein

Appeals court to consider Gulf oil spill plans

ATLANTA (AP) — The federal appeals court in Atlanta is set to hear a challenge from environmental groups seeking to block Shell from drilling 10 new deepwater wells off the coast of Alabama, one of the first drilling approvals since the disastrous 2010 Gulf of Mexico oil spill.

The 11th U.S. Circuit Court of Appeals will hear the case Wednesday brought by the Southern Environmental Law Center and other green groups.

They say the risky operations could result in an oil spill far greater than the 2010 disaster that leaked millions of gallons of oil into the ocean over three months. The groups also contend that federal regulators refused to conduct a detailed environmental review into the project.

Shell has argued that the company’s drilling plans are environmentally sound.

Latest NFL concussion suit cites Saints’ bounties

ATLANTA (AP) — Four former players have filed the latest lawsuit claiming the NFL didn’t properly protect its players from concussions, citing the bounties paid to New Orleans Saints players for hard hits as just the most recent evidence of the league’s violent culture.

The lawsuit, filed Monday in state court in Atlanta, said the Saints’ pay-for-pain system was another example the league “explicitly relied on violence” and neglected to educate players on the dangers of concussions. The NFL’s investigation found that former Saints defensive coordinator Gregg Williams offered thousands of dollars in cash payouts for violent hits over the past three seasons.

Ex-players Myron Guyton, Lomas Brown, Jessie Small and Willie Whitehead do not claim in their lawsuit to be victims of Williams’ bounty system but cite it as the latest example of a culture that has left former players with debilitating conditions.

“There is nothing new or unique about what Gregg Williams said. Although the NFL has now punished Williams and the Saints, for almost its entire history the NFL glorified violent hits,” said the complaint. “It encouraged its players to think of themselves as gladiators. But, along the way, the NFL failed to educate its players about the consequences of such a win-at-all costs mentality.”

NFL spokesman Brian McCarthy said any allegation that the league intentionally sought to mislead players is meritless.

“It stands in contrast to the league’s actions to better protect players and advance the science and medical understanding of the management and treatment of concussions,” he said.

Guyton played for the New York Giants and New England Patriots in the 1980s and 1990s; Brown played for five teams over a 17-year career that ended in 2002; Small played for the Philadelphia Eagles, the Phoenix Cardinals and the Houston Oilers between 1989 and 1993; and Whitehead played for the San Francisco 49ers and New Orleans Saints from 1995 to 2006.

Atlanta attorney and NFL agent Von DuBose filed the lawsuit on behalf the four players and their wives. He said the men suffer from memory loss, headaches, depression and other symptoms characteristic of those with traumatic brain injuries. They are among more than 1,000 former NFL players suing the league, according to lawyers involved. The cases say not enough was done to inform players about the dangers of concussions in the past, and not enough is done to take care of them today.

“I’ve been hearing this stuff for years. And it instantly made sense when this concussion information started to come out,” said DuBose. “The dots started to connect.”

Gabe Feldman, a sports law professor at Tulane University, said the reference to the bounty system could help plaintiffs paint a picture of the sport as “not only violent but unnecessarily violent.” And though he doubts the new claim will be a “game changer,” he still expects more lawsuits to cite the scandal.

“It certainly could be persuasive in the eyes of a jury,” he said.

The complaint filed Monday said the league encouraged players to view themselves as warriors and sold films that lionized the most brutal hits, such as 1992′s “The Best of Thunder and Destruction.” It includes the cover of the VHS tape, which shows a player striking the back of an opponent’s head while a teammate tugs the same player’s facemask.

“This gladiator mentality may have allowed the NFL to generate enormous profits, but it has left its players with serious life-altering injuries, including various degrees of brain damage,” the complaint said.

As recently as 2009, NFL commissioner Roger Goodell did not acknowledge a link between head injuries on the field and brain diseases later in life. But the league has taken steps to better protect players in the past few years, and last month expanded the definition of “defenseless players” who may not be hit in the head or neck.

The Saints case is an example, though, of the competing messages that linger in some locker rooms.

The league’s investigation found that Williams’ bounty system offered off-the-books cash payments of $1,500 for “knockouts,” in which an opposing player was knocked out of a game, or $1,000 for “cart-offs,” in which an opponent needed help off the field. The league has said the bounty pool grew as large as $50,000, and that as many as 27 Saints defenders may have taken part.

The investigation led to the indefinite suspension of Williams, who has apologized for the running the system, and the season-long suspension of Saints coach Sean Payton, who was found to have initially lied about the existence of a bounty program and instructed his defensive assistants to do the same.

The lawsuit filed Monday seeks to force the NFL to better educate players on the dangers of traumatic head injuries during the crucial period immediately after the draft.

“That’s when the guys are most impressionable,” said DuBose. “One of the things that retired athletes tell me is that they could have changed their style of play if they had known. They could have done something else, but they were robbed of the information because the information flow was so one-sided.”

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Prosecutors: Zimmerman ignored warning to back off

George Zimmerman during a court hearing Thursday April 12, 2012, in Sanford, Fla. Zimmerman has been charged with second-degree murder in the shooting death of the 17-year-old Trayvon Martin. (AP Photo/Gary W. Green, Orlando Sentinel, Pool)(Credit: AP)

SANFORD, Fla. (AP) — After weeks in hiding, George Zimmerman made his first courtroom appearance Thursday in the shooting of 17-year-old Trayvon Martin, and prosecutors outlined their murder case in court papers, saying the neighborhood watch volunteer followed and confronted the black teenager after a police dispatcher told him to back off.

The brief outline, contained in an affidavit filed in support of the second-degree murder charges, appeared to contradict Zimmerman’s claim that Martin attacked him after he had turned away and was returning to his vehicle.

In the affidavit, prosecutors also said that Martin’s mother identified cries for help heard in the background of a 911 call as her son’s. There had been some question as to whether Martin or Zimmerman was the one crying out.

The account of the shooting was released as Zimmerman, 28, appeared at a four-minute hearing in a jailhouse courtroom, setting in motion what could be a long, drawn-out process, or an abrupt and disappointingly short one for the Martin family because of the strong legal protections contained in Florida’s “stand your ground” law on self-defense.

During the hearing, Zimmerman stood up straight, held his head high and wore a gray jail jumpsuit. He spoke only to answer “Yes, sir” twice after he was asked basic questions from the judge, who was not in the courtroom but on closed-circuit TV. The defendant’s hair was shaved down to stubble and he had a thin goatee. His hands were shackled in front of him.

He did not enter a plea; that will happen at his arraignment, which was set for May 29. Zimmerman’s attorney, Mark O’Mara, has said his client will plead not guilty. A bond hearing for Zimmerman likely will be held April 20, O’Mara said late Thursday.

To prove second-degree murder, prosecutors must show that Zimmerman committed an “imminently dangerous” act that showed a “depraved” lack of regard for human life. The charge carries a mandatory sentence of 25 years in prison and a maximum of life.

The special prosecutor in the case, Angela Corey, has refused to explain exactly how she arrived at the charge. But in the affidavit, prosecutors said Zimmerman spotted Martin while patrolling his gated community, got out of his vehicle and followed the young man.

Prosecutors interviewed a friend of Martin’s who was talking to him over the phone moments before the shooting. His parents’ lawyer has said that Martin was talking to his girlfriend back in Miami.

“During this time, Martin was on the phone with a friend and described to her what was happening,” the affidavit said. “The witness advised that Martin was scared because he was being followed through the complex by an unknown male and didn’t know why.”

During a recorded call to a police dispatcher, Zimmerman “made reference to people he felt had committed and gotten away with break-ins in his neighborhood. Later while talking about Martin, Zimmerman stated ‘these a——s, they always get away’ and also said ‘these f—–g punks,’ said the affidavit, available at http://apne.ws/Itn7Nu .

It continued: “When the police dispatcher realized Zimmerman was pursuing Martin, he instructed Zimmerman not to do that and that the responding officer would meet him. Zimmerman disregarded the police dispatcher and continued to follow Martin who was trying to return to his home.”

“Zimmerman confronted Martin and a struggle ensued,” prosecutors said in their account.

The account provided no details on the struggle other than to say that witnesses heard numerous calls for help and that Martin’s mother reviewed the 911 recordings and recognized her son’s cry.

Zimmerman told authorities that Martin attacked him as he going back to his vehicle, punched him in the face, knocked him down and began slamming head against the sidewalk.

At Thursday’s hearing, the case was assigned to Circuit Judge Jessica Recksiedler, a 39-year-old former assistant state attorney from Sanford who was elected to the bench in 2010. Zimmerman is being held without bail at the county jail.

For all the relief among civil rights activists over the arrest, legal experts warned there is a real chance it could get thrown out before it ever goes to trial because of Florida’s “stand your ground” law, which gives people a broad right to use deadly force without having to retreat from a fight.

At a pretrial hearing, Zimmerman’s lawyers would only have to prove by a preponderance of evidence — a relatively low legal standard — that he acted in self-defense in order to get a judge to toss out the second-murder charges. And if that fails and the case does go to trial, the defense can raise the argument all over again.

There’s a “high likelihood it could be dismissed by the judge even before the jury gets to hear the case,” Florida defense attorney Richard Hornsby said. Karin Moore, an assistant professor of law at Florida A&M University, said the law “puts a tremendous burden on the state to prove that it wasn’t self-defense.”

At some point soon, Zimmerman’s lawyer is expected to ask the judge for a hearing on “stand your ground.”

“It is going to be a facet of this defense, I’m sure,” O’Mara said in an interview. “That statute has some troublesome portions to it, and we’re now going to have some conversations and discussions about it as a state. But right now it is the law of Florida and it is the law that is going to have an impact on this case.”

Martin family and their lawyer acknowledged the arrest is just a first step.

“I think that it will start the process that we are pushing for,” said Martin’s father, Tracy Martin, “but we can’t just stop because we have an arrest. We got to keep pushing to get a conviction, and after a conviction we have to certainly continue to push to get a stiff sentence.”

Martin family attorney Ben Crump said he wants to make the repeal or the amending of “stand your ground” laws in Florida and other states to be a big part of Trayvon Martin’s legacy. “We’re not the wild, wild west,” Crump said.

As for Zimmerman, O’Mara said after the court appearance: “He is tired. He has gone through some tribulations. He is facing second-degree murder charges now. He is frightened. That would frighten any of us.”

“He has a lot of hatred focused on him right now,” the defense attorney said. “I’m hoping that the hatred settles down now that we’re moving forward.”

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Follow Tamara Lush on Twitter at http://twitter.com/tamaralush.

Bluestein reported from Atlanta. Associated Press reporters Bill Kaczor contributed from Tallahassee, Fla., Mike Schneider from Orlando, Fla., and Sonya Ross from Washington.

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Zimmerman makes court appearance in Fla. shooting

Members of the Florida Dept. of Law Enforcement watch as they deliver George Zimmerman at the Seminole County jail Wednesday April 11, 2012, in Sanford, Fla. The neighborhood watch volunteer who shot Trayvon Martin, 17, was arrested and charged with second-degree murder Wednesday after weeks of mounting tensions and protests across the U.S. George Zimmerman, 28, could get up to life in prison if convicted in the slaying of the unarmed black teenager. (AP Photo/Chris O'Meara)(Credit: AP)

SANFORD, Fla. (AP) — Neighborhood watch volunteer George Zimmerman has made his first court appearance on a second-degree murder charge in the shooting death of Trayvon Martin.

During the brief appearance Thursday, Zimmerman stood up straight and wore a gray prison jumpsuit. He spoke only to answer “Yes, sir,” after he was asked basic questions about the charge against him and his attorney.

The judge said an arraignment would be held on May 29 before another judge.

Zimmerman was charged after a public campaign to make an arrest in the Feb. 26 shooting, which has galvanized the nation for weeks. Some legal experts had expected Zimmerman to face a lesser count of manslaughter and say a prosecutor will face steep hurdles to win a murder conviction. Zimmerman has claimed that he fired in self-defense.

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Bluestein reported from Atlanta. Associated Press writers Suzanne Gamboa in Washington, Gary Fineout in Jacksonville, Fla.; Mike Schneider in Orlando, Fla.; Curt Anderson in Miami, Kyle Hightower in Sanford, Fla.; and Brendan Farrington in Tallahassee, Fla.; also contributed to this article.

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Follow Greg Bluestein on Twitter at http://www.twitter.com/bluestein. Follow Tamara Lush at http://twitter.com/tamaralush.

Prosecutors face hurdles in Trayvon Martin case

From left, Rev. Al Sharpton, Trayvon Martin's parents Sybrina Fulton and Tracy Martin, attend a news conference at the Washington Convention Center in Washington, Wednesday, April 11, 2012. (AP Photo/Jacquelyn Martin)(Credit: AP)

SANFORD, Fla. (AP) — After an extraordinary public campaign to make an arrest in the shooting of an unarmed black teen, a Florida prosecutor came back with a murder charge in the case that has galvanized the nation for weeks.

But prosecutors face steep hurdles to win a second-degree murder conviction against neighborhood watch volunteer George Zimmerman in the killing of Trayvon Martin, experts say. They will have to prove Zimmerman intentionally went after Martin instead of shooting him in self-defense, refute arguments that a Florida law empowered him to use deadly force and get past a judge’s ruling at a pretrial hearing.

Zimmerman, 28, who turned himself in at a county jail Wednesday after prosecutor Angela Corey announced the charge, was to appear before a magistrate Thursday and plead not guilty in the Feb. 26 shooting of the 17-year-old that set off a nationwide debate about racial profiling and the rights to self-defense.

“He is concerned about getting a fair trial and a fair presentation,” his attorney, Mark O’Mara said. “He is a client who has a lot of hatred focused on him. I’m hoping the hatred settles down … he has the right to his own safety and the case being tried before a judge and jury.”

Legal experts said Corey chose a tough route with the murder charge, which could send Zimmerman to prison for life if he’s convicted, over manslaughter, which usually carries 15-year prison terms and covers reckless or negligent killings.

The prosecutors must prove Zimmerman’s shooting of Martin was rooted in hatred or ill will and counter his claims that he shot Martin to protect himself while patrolling his gated community in the Orlando suburb of Sanford. Zimmerman’s lawyers would only have to prove by a preponderance of evidence — a relatively low legal standard — that he acted in self-defense at a pretrial hearing to prevent the case from going to trial.

There’s a “high likelihood it could be dismissed by the judge even before the jury gets to hear the case,” Florida defense attorney Richard Hornsby said.

Corey announced the charges Wednesday after an extraordinary 45-day campaign for Zimmerman’s arrest, led by Martin’s parents and civil rights activists, including the Rev. Al Sharpton and the Rev. Jesse Jackson. Protesters wore hooded sweatshirts like the one Martin had on the night of the shooting. The debate reached all the way to the White House, where President Barack Obama observed last month: “If I had a son, he’d look like Trayvon.”

Corey would not discuss how she reconciled conflicting accounts of the shooting by Zimmerman, witnesses and phone recordings that indicated Martin thought Zimmerman was following him.

“We do not prosecute by public pressure or by petition. We prosecute based on the facts on any given case as well as the laws of the state of Florida,” Corey said.

Martin’s parents expressed relief over the decision to prosecute the person who shot their son.

“The question I would really like to ask him is, if he could look into Trayvon’s eyes and see how innocent he was, would he have then pulled the trigger? Or would he have just let him go on home?” said his father, Tracy Martin.

Many attorneys said they had expected the prosecutor to opt for the lesser charge of manslaughter. The most severe homicide charge, first-degree murder, is subject to the death penalty in Florida and requires premeditation — something all sides agreed was not present in this case.

“I predicted manslaughter, so I’m a little surprised,” said Michael Seigel, a former federal prosecutor who now teaches law at the University of Florida. “But she has more facts than I do.”

O’Mara, Zimmerman’s attorney, said his client would plead not guilty and invoke Florida’s so-called “stand your ground” law, which gives people wide latitude to use deadly force rather than retreat during a fight.

The confrontation took place in a gated community where Martin was staying with his father and his father’s fiancée. Martin was walking back in the rain from a convenience store when Zimmerman spotted him and called 911. He followed the teenager despite being told not to by a police dispatcher and the two got into a struggle.

Zimmerman told police Martin punched him in the nose, knocking him down, and then began banging the volunteer’s head on the sidewalk. Zimmerman said he shot Martin in fear for his life. Sanford police took Zimmerman, whose father is white and whose mother is Hispanic, into custody the night of the shooting but released him without charging him.

A judge could dismiss the charge based on the “stand your ground” law, legal experts said. But some experts say the judge will also be under tremendous pressure to let the case go forward.

“Judges are not likely to take that out of the hands of the jury,” said Florida defense attorney Randy Reep.

Other attorneys weren’t surprised that Corey went for the maximum.

“Prosecutors look for leverage. They’ll typically overcharge knowing that gives them wiggle room for plea discussions,” said Derek Byrd, incoming president of the Florida Association of Criminal Defense Lawyers. “She knows that she could offer him manslaughter at some point or get in front of a jury that could split the verdict and agree on a lesser offense.”

Corey wouldn’t discuss how she arrived at the charges or disclose other details of her investigation. The prosecutor in Jacksonville was appointed to handle the case by Republican Gov. Rick Scott after the local prosecutor disqualified himself.

The U.S. Justice Department’s civil rights division is conducting its own civil rights investigation.

Tensions had risen in Sanford, a town of 50,000 outside Orlando. Someone shot up an unoccupied police car Tuesday outside the neighborhood where Martin was killed. Outside of Sanford City Hall on Wednesday, Stacy Davis, who is black, said the arrest “is not a black or white thing for me. It’s a right or wrong thing.”

In Washington, Martin’s family pleaded for calm in response to the decision. But Martin’s mother, Sybrina Fulton, clasped hands and smiled in relief when she heard Corey utter the words “second-degree murder” on television.

“We wanted an arrest and we got it,” Fulton said later. “Thank you Lord, Thank you, Jesus.”

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Bluestein reported from Atlanta. Associated Press writers Suzanne Gamboa in Washington, Gary Fineout in Jacksonville, Fla.; Mike Schneider in Orlando, Fla.; Curt Anderson in Miami, Kyle Hightower in Sanford, Fla.; and Brendan Farrington in Tallahassee, Fla.; also contributed to this article.

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Follow Greg Bluestein on Twitter at http://www.twitter.com/bluestein . Follow Tamara Lush at http://twitter.com/tamaralush .

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Gingrich’s think tank files for bankruptcy

ATLANTA (AP) — The health care think tank created by Republican presidential candidate Newt Gingrich is going out of business.

The Gingrich Group, also known as the Center for Health Transformation, filed for Chapter 7 bankruptcy in federal court in Atlanta on Wednesday. The bankruptcy filing marks an abrupt turn for a group that raised millions of dollars just a few years ago to support and promote Gingrich’s health care ideas.

The center’s filings indicate it has liabilities between $1 million and $10 million and between 50 and 99 creditors. The group had assets of only up to $100,000, the filing said.

Gingrich cut ties to the Center for Health Transformation and the Gingrich Group in May 2011 as he prepared his presidential run, said his attorney Stefan Passantino.

“It did exceptionally well under his leadership. What this shows is that he was integral to the operation and success of the operation,” Passantino said. “It’s not in any way a failure of leadership or management on his part. It just demonstrates how vital he was to the organization.”

Gingrich’s group created the for-profit center in 2003 to focus on health-related initiatives like improved health care technology, Medicare changes and President Barack Obama’s health care overhaul. At its peak, it attracted a range of healthcare providers, academics and others who shelled out big bucks to become members, the attorney said.

“It didn’t have the same appeal to the members as it had before when he left,” Passantino said.

The filing lists dozens of creditors, including Passantino’s law firm McKenna Long & Aldridge, Gallup Inc. and Gingrich Productions, the film company run by Gingrich’s wife, Callista.

The former House speaker’s campaign has faded from the presidential spotlight after he won the South Carolina primary in January. Since then he has won only the primary in his former home state of Georgia, which he represented in Congress for decades, while Rick Santorum emerged as front-runner Mitt Romney’s chief rival.

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