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Shelby Johnson trial delayed because of admissibility of evidence disagreement between judge, prosecution

first_imgShelby Johnsonby Tracy McCue, Sumner Newscow — The Shelby Johnson murder trial has been significantly delayed after the Sumner County Attorney’s office has submitted a motion to the Kansas Court of Appeals concerning the admissibility of evidence.Assistant County Attorney Mitch Spencer submitted the motion today after Sumner County District Court Judge Scott McQuin ruled against the allowing of certain evidence in a Monday hearing.Johnson, 27, of Arkansas City (formerly of Oxford) is accused of the suspected murder of her 7-month-old daughter Jesslinn Hulett, who died with head and brain injuries on April 1, 2018, on Easter morning.At issue, is whether an argument between Johnson and Schuyler Hulett which was heard by a neighbor could be used in the trial.Potential jurors were told Monday via phone to cancel plans of attending jury selection proceedings originally scheduled for today until the legal issue is resolved.In a written statement released this morning, M. Spencer states: “The judge ruled to exclude statements by the father that were the determining factor in charging Shelby Johnson with the murder of Jesslin Hulett. Because of the judge excluding this testimony for trial, we are filing an interlocutory appeal to the Kansas Court of Appeals.”Spencer has submitted a five-page brief to the Court of Appeals. He said he had no idea when the case will be heard or where. Spencer guessed that it could take over three months before the case is considered.In the “Motion for determination of Admissibility of Certain Evidence,” Spencer writes:“At the preliminary hearing, the court heard the testimony from Schuyler Hulett that on or about April 11, 2018, at about 11:30 p.m. at his house in Wellington he had a loud argument with the defendant during which he angrily accused her of killing their baby.”He continues:” The state intends to have available at trial the neighbor, who heard the defendant loudly make that exclamation as described in the probable cause affidavit. The state also has available to testify the FBI special agent who interviewed Schuyler about having made that statement. The same agent also interviewed the defendant who denied having ever been accused by Schuyler of having killed their daughter. These conversations happened within a couple of weeks of the child’s death and prior to the filing of charges herein. These conversations were a significant consideration in who was charged with the crime herein. Movant (the prosecution) believes this conversation is relevant to show that Schuyler had no role in causing the child’s death and is properly admissible in evidence.”Spencer then states:Until November 14, when dealing with a related matter at the pretrial hearing, the state had no idea that such testimony could be rendered inadmissible for any reason, especially since it was not even objected to at the preliminary hearing and no pretrial motion had been filed to exclude it. The court mentioned such testimony might not be admissible so the movant has filed this motion to clarify why such testimony is admissible.Johnson is currently facing four felony charges including murder in the first degree, murder in the second degree, child abuse, and aggravated endangering of a child.The neighbor’s testimony has been key to the prosecution’s case, since the charges were filed on July 26, 2018 – more than three months after the alleged crime occurred.Details of the Johnson case can be found here.last_img read more

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10 fresh takes on mastering easy dinners with a box of…

first_img10 WAYS TO EASY PASTA DINNERSStart with 12 ounces of any shape pasta, cooked and drained according to package instructions.— SHRIMP: In a large skillet, heat 3 tablespoons olive oil, then add 4 cloves thinly sliced garlic and cook until just starting to brown. Add 2 diced large tomatoes and 1 finely chopped small red onion. Cook for 2 minutes, then add 1 pound peeled and deveined cooked shrimp. Cook just until heated through. Stir in the pasta and add 1 cup torn fresh basil leaves. Serve topped with additional olive oil and shaved Parmesan cheese.— THAI CHICKEN: In a skillet, cook 1 chopped large yellow onion in 1 tablespoon vegetable oil. Add 1 cup grape tomatoes and 2 1/2 cups shredded cooked chicken meat. Stir in a 14 1/2-ounce can light coconut milk and 1 to 2 tablespoons red curry paste. Bring to a simmer, then add the pasta. Stir in 1 tablespoon fish sauce, if desired. Serve with lime wedges and chopped fresh cilantro.— BROTHY BEEF AND MUSHROOM: Cook 8 ounces button mushrooms (whole or sliced) in a skillet with a little olive oil. Transfer to a plate, then cook 1 pound thinly sliced flank steak in a bit more oil. Season with salt and black pepper. Add 1 cup low-sodium beef broth and 1/2 cup low-sodium chicken broth. Stir in the pasta and mushrooms. Serve topped with chopped fresh chives or scallions.— PEANUT AND ROASTED RED PEPPER: In a blender, combine 1/2 cup peanut butter, 1/2 cup low-sodium chicken broth, 2 tablespoons rice vinegar, 2 tablespoons low-sodium soy sauce and a pinch of red pepper flakes. Adjust the consistency with water, if needed. In a large skillet, gently warm the pasta and a 12-ounce jar of drained, sliced roasted red peppers. Add the peanut sauce and heat until warm. Serve topped with sliced scallions and ground black pepper.— ROASTED BUTTERNUT SQUASH AND CHICKPEAS: On a foil-lined rimmed baking sheet, combine a 15-ounce can of chickpeas (drained, rinsed and patted dry) with 2 cups cubed butternut squash. Toss with olive oil, salt, black pepper and 1 tablespoon coriander seeds. Roast at 400 F until golden brown and tender. Toss with pasta, the zest and juice of 1 lemon, and additional olive oil.— QUICK VEGGIE: In a large bowl, toss together a grated medium zucchini, 1 pint halved grape tomatoes, 2 cloves minced garlic, the pasta and a healthy drizzle of olive oil. Season with salt and black pepper, then top with grated Romano cheese or crumbled feta.— KALE AND SAUSAGE: In a large skillet, brown 1 pound loose sausage meat or crumbled chorizo. Add 1 sliced large onion and a pinch of red pepper flakes. Cook until tender. Add 5 ounces baby kale and wilt. Stir in the pasta and serve.— CREAMY HAM AND PEA: Melt 2 tablespoons butter in a large skillet. Add 1 diced medium yellow onion and cook until tender. Stir in 1 tablespoon all-purpose flour and stir to coat. Add 1 cup low-sodium chicken broth and whisk together. Add 1/2 cup heavy cream and whisk again. Bring to a simmer, then add 2 cups diced ham and 2 cups frozen peas. Cook for 3 minutes, then stir in the pasta.— COTTAGE PIE: Boil 2 diced medium Yukon gold potatoes until tender. Meanwhile, in a large skillet with a splash of vegetable oil, brown 1 pound ground beef with 1 diced medium yellow onion. Stir in 4 ounces cream cheese until melted. Season with salt and black pepper. Stir in 1 cup frozen corn kernels and warm gently. Add the pasta and potatoes.— BACON, LEEK AND SWISS: In a large skillet, cook 2 large diced leeks in 4 tablespoons (1/2 stick) butter over medium heat until very tender. Stir in 1/2 cup low-sodium chicken broth and 2 tablespoons chopped fresh thyme. Add 1 cup crumbled cooked bacon and stir in the pasta. Stir in 1 cup shredded Swiss cheese.Alison Ladman is a chef, food writer and recipe developer for The Associated Press. She also owns The Crust and Crumb Baking Company in Concord, New Hampshire. This Jan. 11, 2016 photo shows an easy weeknight pasta dinner made with shredded chicken in Concord, NH. When there’s nothing in the house and your energy and time are at their lowest, a box of pasta is your ultimate ally. It’s fast. It’s easy. It’s versatile. And everybody loves it. (AP Photo/Matthew Mead) On crazy weeknights, sometimes the only thing standing between you and yet another order of takeout… Is a box of pasta.Because a box of pasta is like that been-through-it-all-with-you friend, that dinnertime Swiss Army knife that can be counted on in your time of need no matter what the day has tossed your way. When there’s nothing in the house and your energy and time are at their lowest, a box of pasta is your ultimate ally. It’s fast. It’s easy. It’s versatile. And everybody loves it.All you need is a box of pasta and a little inspiration. You provide the pasta. We got you covered on the inspiration. Here are 10 easy pasta meals to solve your weeknight dinner woes. This Jan. 11, 2016 photo shows an easy weeknight pasta dinner made with veggies in Concord, NH. When there’s nothing in the house and your energy and time are at their lowest, a box of pasta is your ultimate ally. It’s fast. It’s easy. It’s versatile. And everybody loves it. (AP Photo/Matthew Mead)center_img This Jan. 11, 2016 photo shows an array of dried pastas for making easy weeknight pasta dinners. Clockwise from top, egg noodles, ziti, cavatappi , penne and pappardelle, in Concord, NH. (AP Photo/Matthew Mead) This Jan. 11, 2016 photo shows an easy weeknight pasta dinner made with veggies in Concord, NH. When there’s nothing in the house and your energy and time are at their lowest, a box of pasta is your ultimate ally. It’s fast. It’s easy. It’s versatile. And everybody loves it. (AP Photo/Matthew Mead)last_img read more

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Digicel Cup on two week break

first_imgOfficial, David Silovo said this is to cater for polling which has already started for the 2017 National Elections.Meanwhile, despite the Lae Snax Tigers first loss of the season last weekend, they still sit on top of the competition points ladder.On the other side of the coin, the struggling NCDC Port Moresby Vipers are still yet to register a win.The current standings after round eight are:1)Snax Lae Tigers (14), Agmark Rabaul Gurias (11), PRK Mendi Muruks (10), Kroton Hela Wigmen (9), EPG Enga Mioks (8), Bintangor Goroka Lahanis (6), Waghi Tumbe (6), NCDC Port Moresby Vipers (0).last_img read more

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Court Dismisses Charges Vs Ex-NOCAL Executives, Others

first_imgFailure of government to prosecute 10 persons, eight of whom are former officials of the National Oil Company of Liberia (NOCAL) and the other two a former member of the House of Representatives and a secretary of the Liberian Senate, implicated in a US$120,400 “bribery scandal” were last Friday declared free of all charges against them by Criminal Court ‘C,’ at the Temple of Justice.Those officials who were declared free last Friday included Mr. Clemenceau Urey, Sr., former Chairman, NOCAL Board of Directors, and former board members Stephen B. Dunbar Jr., Peter B. Jallah Jr., Evelyn Kandakai and Albert T. Chie.Others are NOCAL’s former CEO Dr. Fodee Kromah, Fulton Reeves, Comptroller and Timothy G. Wiapiah, former Senior Accountant. Alomiza Ennos Barr, former member of the 52nd Legislature and J. Nanborlor Singbe Sr., Secretary of the Liberian Senate were also released of any charges.The Prosecution claimed that those individuals between the periods of May 2006 and May 2007, allegedly engaged in the solicitation of payments and receipt of money in the amount of US$120,400 for the ratification by the 52nd National Legislature of oil contracts entered into by NOCAL and several oil companies.It was based on those allegations that government charged them with multiple crimes, which included economic sabotage, criminal conspiracy and bribery of which GOL sought the court’s intervention to convict the defendants.To the disappointment of the prosecution, Judge Peter Gbeneweleh last Friday dismissed the charges, stating that “the state failed to commence prosecution of the defendants within the statutory period of five years, as provided for in Section 4.2 (a) of the Criminal Procedure Law.”It stipulates that “a prosecution for a felony must commence within five years after the alleged offenses had been committed.”Judge Gbeneweleh further ruled that “the prosecution of the defendants is barred by a statute of limitation,” declaring, “the request to dismiss the indictment (charge) is hereby granted and government’s resistance is denied.” He further declared that the defendants were discharged from further answering to the offenses. Judge Gbeneweleh proceeded to instruct the Sheriff of the court to return the bail bond of the defendants.Prior to Judge Gbeneweleh’s action, the defense team asked him to dismiss the allegations brought against them, arguing that since their clients were indicted from 2006 to 2007, government had failed to prosecute them, which, according to the lawyers, barred the defendants from answering to the offenses, citing Section 4.2 (a) of the Criminal Procedure Law as their legal backing. They also argued that government began prosecuting them in February 2015, almost three years beyond the five year statutory period which the lawyers contended was illegal.However, state lawyers in their counter argument said they were entitled to commence prosecution up to ten years after the commission of the offenses, which is up to May 2017.They further contended that the General Auditing Commission’s (GAC) findings on which the defendants were charged were not sufficient to commence prosecution.“We are going to prosecute them after the completion of an independent investigation to confirm that there were enough [grounds] to commence the prosecution,” they said during their argument.Judge Gbeneweleh in his ruling pointed out that Section 4.2 (a) was clear and unambiguous and could not be subject to any other interpretation or application.“We therefore disagree with the prosecutors’ argument that it had up to ten years to commence the prosecution,” he noted, adding that “the court says if the legislature had intended to provide the prosecutors with 10 years in which to commence prosecution, it would have provided it under the law. As such, the court does not have any authority to legislate.”Further to the ruling, Judge Gbeneweleh said, “We also disagree with state lawyers’ argument that it can commence prosecution only after the completion of its investigation.”According to him, the government had more than one year from April 20 to May 31, 2012, to have conducted its investigation.“The prosecutors’ reliance on Section 4.3 is also misplaced, because that law does not permit a prosecution of offenses after the expiration of the five year period mandated in Section 4.2 (a),” he emphasized. “It cannot be applied in the instance when the prosecution discovery of the commission of the offenses occurred after the expiration of the five year period.”Delving into the ruling, the Judge added, “It is not applicable in the case because, prosecution said it had received actual notice of the commission of the offences on April 20, 2011, which was before the expiration of the five year, period in May 2012.”“Therefore,” he said, “the prosecution should have either obtained an indictment or had the defendants arrested before the end of May 2012, either of which would have commenced the prosecution, as defined by Section 4.7 (A) and 4.7 (B) of the Criminal Procedure Law.”He went on, “We also disagree with the prosecution that Section 4.4 of the Criminal Procedure Law can be utilized to prosecute the defendants, though Section 4.4 does not permit a prosecution of offenses after the expiration of the five year period mandated by Section 4.2 (a).”To conclude his ruling, Judge Gbeneweleh said, “Since the government had obtained actual knowledge of the alleged commission of the offenses in 2011, they had more than one year to have commenced the prosecution of the defendants prior to the expiration of the statute of limitation in May 2012.”Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)last_img read more

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Ochoa thwarts Brazil in stalemate

first_imgAlways eager to attack themselves, Mexico were well worthy of a draw which leaves both sides level on four points in the group and, even with Croatia and Cameroon set to meet each other in Manaus on Wednesday, ensured that the section will not be decided until the final round of games on June 23.The enormity of the occasion clearly got to some of the Brazil players, with Neymar breaking down in tears at the end of a rousing version of the national anthem, and the home side struggled to settle in the early stages of the match.Passes were wayward and challenges were mis-timed as the nervous energy of the crowd inside the 60,342-capacity stadium made for a frantic start to the game.Indeed, Mexico, backed by a colourful and vociferous support of their own, initially looked the better team and had the first real chance of the afternoon, a rising strike from just outside the area by Hector Herrera that was turned over the bar by Julio Cesar in the home goal, although no corner was given.While Mexico were unchanged from their 1-0 victory against Cameroon last Friday, Brazil coach Luiz Felipe Scolari made one alteration from the side that defeated Croatia 3-1 in their opening game in Sao Paulo last Thursday, with Ramires replacing Hulk, who failed to fully shake off a niggling hamstring problem in time to start.That meant Oscar was moved from the right flank, where he had been outstanding against Croatia, to the left.But it was from the right that the home side created their first opening, a cross from Dani Alves being headed goalwards by Neymar at the back post, only for Ochoa to make a superb save flying low to his right.Ochoa also did well to deny Paulinho after Silva had chested a Neymar free-kick into the Tottenham Hotspur player’s path, but otherwise the Mexican keeper was not seriously tested in a first period in which Brazil failed to stamp their authority on proceedings.– Scolari agitated –Midfielder Jose Vazquez also tried his luck from range for El Tri, while an agitated Scolari instructed Ramires and Oscar to change positions.Nevertheless, the latter was ineffective and, after picking up a yellow card for a foul on Paul Aguilar, did not reappear for the second half.Diminutive Shakhtar Donetsk winger Bernard took his place and almost had an immediate impact, latching onto a Dani Alves ball over the top before delivering a cross that almost found Neymar at the back post.The Mexican threat remained, and both Vazquez and Hector Herrera shot narrowly over, but the biggest problem for Brazil remained Ochoa.He again came to his team’s rescue in the 69th minute, producing another decisive stop to deny Neymar, who had controlled the ball on his chest before volleying goalward.But Ochoa remained the hero to the last, brilliantly intervening after Brazil captain Silva, unmarked six yards out, connected with Neymar’s free-kick delivery from the left.0Shares0000(Visited 1 times, 1 visits today) 0Shares0000FORTALEZA, June 17- Mexico goalkeeper Guillermo Ochoa sensationally kept Brazil at bay to earn Mexico a 0-0 in World Cup Group A in Fortaleza on Tuesday.Ochoa twice made decisive interventions to deny Neymar before coming up with a stunning save to keep out a Thiago Silva header from point-blank range four minutes from the end of a scrappy encounter in the steaming heat of the Castelao Stadium.last_img read more

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HOW BEING ON THE FIDDLE WILL BRING MILLIONS TO DONEGAL

first_imgDONEGAL is set to share in a €3.5M tourism bonanza next year – thanks to 400 people on the fiddle!For the North Atlantic Fiddle Convention will take place in Donegal and Derry for the first time next year.More than 400 musicians and 40,000 tourists are expected to converge on both counties for the five-day event from June 27th to July 1st next year. Performers from Ireland, Scotland, the US, Canada, Denmark and Norway are among those scheduled to take part.They include The Chieftains, The String Sisters featuring Mairéad Ní Mhaonaigh; Liz Carroll from the US; Martin Hayes and Dennis Cahill; Cathal Hayden; and the Wrigley Sisters.The festival has previously been held in Scotland, Sweden and Canada.Convention director and fiddle player Liz Doherty said the event was “about cultural exchange, developing new audiences, forging partnerships”. The event was launched at the University of Ulster in Derry by Paddy Moloney of The Chieftains.Meanwhile another reminder that two of Donegal’s finest fiddlers are getting ready for a special homecoming gig.Derek McGinley and Tara Connaghan (pictured) from Meenacharvey (Glencolmcille) and Glenties respectively celebrated the first launch of their new CD at the Ennis Trad Festival on November 13th to a large and attentive audience.The CD entitled The Far Side of the Glen, featuring just the two fiddles of Derek and Tara, focuses solely on the musical style and repertoire of south west Donegal with the title referring to them living on either side of the scenic valley of Glengesh.The CD will shortly be launched on home turf with launches in Carrick on Friday December 9th in The Central Bar and Saturday December 10th in the Highlands Hotel, Glenties. (Free entry to both). The fiddle pair will also perform as special guests with Altan on New Year’s night in Ionad Cois Locha during the Frankie Kennedy Winter School.HOW BEING ON THE FIDDLE WILL BRING MILLIONS TO DONEGAL was last modified: December 1st, 2011 by BrendaShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:donegalfiddle festivallast_img read more

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Morata grabs debut assist as Chelsea are beaten by Bayern Munich in Singapore

first_imgAlvaro Morata helped set up a goal on his Chelsea debut but could not prevent a 3-2 friendly defeat against Bayern Munich in Singapore.The £60million signing from Real Madrid came on as a second-half substitute with his new side trailing by two goals, and teed up Michy Batshuayi for his fifth goal of pre-season.But Chelsea paid the price for a slow start, falling 3-0 behind before Marcos Alonso and Batshuayi made the scoreline respectable.The Blues were without Pedro, who suffered multiple facial fractures in a collision with Arsenal goalkeeper David Ospina on Saturday, and Kenedy after he was sent home following his Instagram indiscretions.Nevertheless they fielded a strong starting line-up, including Gary Cahill, Cesc Fabregas, N’Golo Kante and Batshuayi – but still found themselves 2-0 down after just 11 minutes.First Brazilian full-back Rafinha came forward and pinged a low shot from 25 yards which found it’s way into the corner.Then Franck Ribery found space to wander down the left wing before floating in a cross which Thomas Muller volleyed past Thibaut Courtois.Willian dragged a shot wide for Chelsea before Muller struck again, just before the half-hour mark, with a 30-yard thunderbolt.But in first-half stoppage time the Premier League champions pulled one back when Alonso drilled in Victor Moses’ square pass.Morata came on to make his first appearance in a Blues shirt 15 minutes into the second half, going out to the left with Batshuayi continuing to spearhead the attack.Fellow sub David Luiz immediately went close to pulling another back when his deflected strike hit a post.But Morata made his mark with six minutes remaining, flicking on a Fabregas corner at the near post to leave Batshuayi with a tap-in. 1 Alvaro Morata: The £60m signing came on as a second-half substitute in Singapore last_img read more

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AC Milan to ‘give up on Conte and target sensational move for Juventus boss’

first_img1 Massimiliano Allegri is a wanted man AC Milan are ready to give up on Chelsea boss Antonio Conte and target Juventus manager Massimiliano Allegri instead.The San Siro club are reportedly on the lookout for a new head coach as they prepare to axe Vincenzo Montella after a shaky start to the season.Conte has been linked with taking charge at AC Milan as it is claimed he wants to return to Italy in the future.But, according to La Repubblica, Milan are not pinning all their hopes on the Chelsea boss and are eyeing a sensational swoop for Allegri.The Juve managed is held in high regard at the San Siro after leading Milan to Serie A glory in 2011.Milan’s owners are now considering bringing the 50-year-old back to the club in what would be a major coup.last_img read more

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Jesse Lingard jokingly welcomes Alexis Sanchez to Man United

first_imgJesse Lingard took over Manchester United’s Instagram page on Thursday and couldn’t resist teasing fans.Filming himself on a phone, the in-form United midfielder pretended to welcome a ‘new signing’ to the club.He didn’t name any names but it’s pretty obvious who he was talking about!United have been pursuing a deal for Arsenal forward Alexis Sanchez and Red Devils fans have been eagerly awaiting his arrival.They may not have to wait much longer to see him at Old Trafford, though, with Arsene Wenger admitting it is “likely” that he will join United and Henrikh Mkhitaryan will move the other way. Jesse Lingard trolling. He’s going to announce Sanchez today, isn’t he?! 😂 #mufc [mu] pic.twitter.com/FPThsJqJdn— United Xtra (@utdxtra) January 18, 2018 1center_img Jesse Lingard last_img read more

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