The BLT: The Blog of Legal Times

Accused D.C. Judge Stalker Tells Her Side

If there was a single comment that summed up Taylar Nuevelle's testimony on Friday, it was one that came near the end of the afternoon, as the woman accused of stalking a D.C. magistrate judge sparred with the prosecutor.

Nuevelle said simply, "I made some poor choices."

Nuevelle was in turns tearful and contained as she told her version of the events at the center of her criminal trial for burglary, stalking and unlawful entry. As she took questions from her lawyer, Dorsey Jones Jr., she attempted to convince the jury at the D.C. Superior Court that she and her former girlfriend, Judge Janet Albert, had lived together for months before their chaotic breakup, and that she had simply gone back to the house they shared in order to retrieve her belongings.

Nuevelle said she was found unconscious in the attic of Albert’s Northwest Washington house, surrounded by pills and alcohol bottles, because she had tried to kill herself. And she had tried to kill herself, she said, because she was convinced that Albert would use her power as a judge to make sure Nuevelle never saw her own son again.

“I wanted to die, and I didn’t want anyone to try and stop me,” Nuevelle said.

U.S. Extradites First Salvadoran National

A Salvadoran national who fled Texas rather than serve a sentence for sexual assault was returned to the United States today, marking the first extradition from El Salvador, the Justice Department said.

The defendant, Jose Marvin Martinez, was convicted in March 2006 in Brazoria County, Texas, on two sex charges, including sexual assault on a child. Martinez, who was free on bond during the trial, was sentenced to eight years in prison and 10 years of community supervision, Justice officials said. But before the jury deliberated his case, Martinez fled.

Martinez was arrested in El Salvador in January 2008. Last month, the Supreme Court of Justice in El Salvador ruled 10 to 5 to extradite Martinez to the United States, the Justice Department said. The United States and El Salvador have a bilateral extradition treaty. El Salvador amended its constitution in July 2000 to allow the extradition of Salvadoran nationals.

“Today’s extradition brings a criminal to justice and paves the way forward in our law enforcement partnership with El Salvador,” said Assistant Attorney General Lanny Breuer of the Criminal Division in a statement. “The long arm of the law reaches farther with every successful extradition to and from the United States, as we work with our partners around the world to make sure criminals cannot find safe haven from justice.”

Patton Boggs Swipes International Arbitration Partner from King & Spalding

Patton Boggs has lured international arbitration partner Kenneth Reisenfeld away from King & Spalding and tapped him to lead the firm's newly formed international arbitration group.

Reisenfeld, who started work at Patton Boggs on Jan. 19, will oversee a team of six partners. Reisenfeld said he was interested in joining Patton Boggs because he wanted to "be a part of growing a new practice area at the firm." He added that the firm’s public policy group was also attractive.

“International arbitration is a new emphasis at Patton Boggs, but the firm has seen it as an important part of the strategic plan of the litigation group. I’m really delighted to be a part of helping to grow the practice,” Reisenfeld said.

Reisenfeld brings with him a book of business that includes Outback Steakhouse, the Overseas Private Investment Corp, Trinity Industries, and Mitsui Mining and Smelting Co. Reisenfeld says he is looking forward to taking on matters from the firm’s existing clients, particularly sovereign governments and corporations that have invested in developing countries in Asia and Africa.

Reisenfeld had been a partner at King & Spalding for two years before moving to Patton Boggs. Before that, he spent 14 years at Haynes & Boone. He also worked at the Justice Department and was involved in the creation of the Iran-United States Claims Tribunal, helped draft the first controls on exports of technical data, and provided legal oversight over the U.S. intelligence community.

Going forward, Reisenfeld he expects to see an uptick in work on cases involved in large-scale pharmaceutical disputes and in international boundary disputes.

“There’s a lot that’s going to keep us busy,” he said.

Judge Dismisses Part of Young's Discrimination Case Against Covington

A federal judge ruled yesterday that part, but not all, of former staff attorney Yolanda Young's race discrimination suit against Covington & Burling may move forward.

In a 25-page opinion, Judge Reggie Walton of the U.S. District Court for the District of Columbia shot down on procedural grounds Young's allegation that the firm's policy of not promoting staff attorneys to associate was discriminatory. Young had argued that by not promoting staff attorneys, whom she claims are disproportionately black, the firm had instituted a discriminatory policy.

Walton wrote that because Young had failed to file a claim against the firm’s non-promotion policy, which was implemented in 2006, until 2008, she had missed her window.

But Walton ruled to allow Young to go forward with her claim that the firm’s job-assignment policy is discriminatory. Young has argued that the job-assignment policy is discriminatory because it has a disparate impact on black staff attorneys.

Noting that at this stage of the case, the court is required to take a plaintiff’s allegations at face value, Walton determined that the allegation was not barred by the statute of limitations.

Walton drew a distinction between the two claims based on the recurrent nature of the firm’s alleged actions. Walton wrote that the non-promotion policy was a one-time incident, and covered by the statute of limitations. The job-assignment policy was not, Walton determined, because of the cyclical nature of the firm’s annual performance evaluations, which it uses to allocate assignments. Each evaluation restarted the timeframe for potential misconduct, and thus, for filing a claim, Walton wrote.

“Again at this stage of the case, the benefit of all reasonable inferences must be construed in favor of the plaintiff and because it is at least plausible, even if only minimally, that Covington utilized discriminatory criteria as part of its annual performance evaluations of its attorneys, the plaintiff is entitled to benefit of that doubt,” Walton wrote in the opinion.

Latif Doman, a name partner at Washington-based Doman Davis who is representing Young, said that while he was disappointed to see the non-promotion policy claim dismissed, he was pleased that Walton allowed the second claim to move forward.

“My client is pleased to be able to pursue the disparate impact claim because it is not every day that a court allows that kind of claim to move forward,” Doman said. “As we move forward with discovery, it will be clear that African-American staff attorneys are put through a similar system as white associates but are not being judged in the same manner.”

Covington is being represented by Michele Roberts, a partner at Akin, Gump, Strauss, Hauer & Feld. Roberts did not immediately return calls for comment.

In a statement, Covington said, "We are pleased that the court has dismissed certain of plaintiff's claims, and we expect to move for summary judgment on the remaining claims in due course."

DOJ, Defense Lawyers Want Court Papers Sealed in Blackwater Case

A federal judge in Washington is blocking a joint request from the Justice Department and the defense lawyers for a group of former Blackwater security guards to keep sealed hundreds of pages of transcripts from hearings that led to the dismissal of charges.

Judge Ricardo Urbina of the U.S. District Court for the District of Columbia today denied the joint request in a one-page order.

The lawyers for both sides asked yesterday that the transcripts—three weeks’ worth of closed-door hearings—remain sealed since the Justice Department is appealing the failed prosecution to the U.S. Court of Appeals for the D.C. Circuit. There, the department is challenging Urbina’s Dec. 31 order dismissing charges. The department filed a notice of appeal this afternoon.

A Justice Department attorney said in court papers yesterday that the transcripts should remain sealed -- pending the outcome of the appeal, in the event the case is remanded to the trial court -- to prevent the tainting of witnesses and potential jurors. The sealed hearings explored the extent to which the government improperly used immunized statements in building the case against the guards, who are charged in the shooting deaths of Iraqi civilians during a gunfight in Baghdad in September 2007.

Urbina found the government acted recklessly in mounting the prosecution and dismissed the indictment. After the dismissal of charges, Urbina ordered the release of the sealed hearing transcripts by Feb. 2, the last day the government had to challenge the ruling.

The attorneys for the opposing sides agreed that it was easier to ask Urbina—rather than the D.C. Circuit—to keep the transcripts under seal. Now, it appears the lawyers in the case will have to file court papers with the D.C. Circuit to stay the release of the transcripts.

“If the motion is filed with the court of appeals after the notice of appeal is filed, the court of appeals would have almost no time to receive the docket, assign a panel, and familiarize itself with the case before the February 2nd deadline,” Justice Department National Security Division trial attorney Joseph Kaster said in court papers filed yesterday.

Former Wilmer Partner Loses Child Support Ruling

By Leigh Jones

A former Wilmer Cutler Pickering Hale and Dorr partner has failed to convince the D.C. Court of Appeals to throw out a deadbeat-dad contempt order leveled against him.

William A. Wilson III, now a partner at Wilson International Law, appealed an earlier decision by D.C. Superior Court Judge Kaye Christian, which found that he willfully failed to pay retroactive child support totaling $156,000. Kaye later dissolved the contempt order after Wilson paid $83,972, an amount on which he and his ex-wife settled.

In its Jan. 28 decision, the D.C. Court of Appeals found “no reason” to disturb Kaye’s 26-page ruling, which determined that Wilson had been fully able to pay the $12,617 per month to support his three minor children.

Wilson was a partner at WilmerHale from 2000 to 2003, when he and his ex-wife, Francesca V. Craig, divorced. Before that, he was head of the Hong Kong office for Kelley Drye & Warren.

He declined to comment on the decision.

Wilson, who is represented by David Schertler of Schertler & Onorato in Washington, argued on appeal that he did not have the cash, savings or investments to make the child support payments. He also argued that paying the arrearages had forced him to unfairly suffer a penalty and pay taxes for withdrawing from his retirement account.

The three-judge panel was not sympathetic. “We have no reason to disturb the judge’s conclusion, which is based on clear and convincing evidence, that [Wilson] willfully failed to meet his retroactive obligation despite the ability to discharge it,” wrote Judge Anna Blackburne-Rigsby. Also on the panel were judges Inez Smith Reid and William Pryor.

The lower court, in finding contempt, had concluded that Wilson had $613,500 in his retirement account, a $200,000 home equity line of credit and about $110,000 in tax overpayments.

The appeals court decision also rejected Wilson’s appeal to overturn an earlier ruling that modified a joint custody agreement to give sole custody to Wilson’s ex-wife. The court modified the original agreement because the couple was unable to adhere to it due to hostility between them.

Representing Craig was Kristin Henrikson, an associate at Delaney McKinney.

Alleged Judge Stalker Testifies Why She Was in the Attic

By Jordan Weissmann

Taylar Nuevelle, the woman accused of stalking D.C. Magistrate Judge Janet Albert, took the stand today in her own defense, tearfully recounting the suicidal breakdown that left her passed out in her former girlfriend's attic.

Nuevelle told a D.C. Superior Court jury that she had gone back to Albert's Northwest Washington home to gather her belongings following their angry breakup. But she said she was overcome by anxiety and despair because, she alleged, Albert had threatened to interfere with a child custody case between Nuevelle and her ex-husband.

"I really believed she was going to do it," Nuevelle said. "And she was a judge!"

Nuevelle said she "fell apart" while trying to pack her things, and began drinking and taking pills.

"I wanted to die, and I didn't want anyone to try to stop me," she said.

Nuevelle continues on the stand this afternoon. For the full story on her testimony, read here.

GOP Has New Counsel for Judicial, DOJ Nominations

Republicans have a new lawyer to handle nominations that come before the Senate Judiciary Committee, including the president's picks for the federal bench and the U.S. Department of Justice.

It's a promotion for Danielle Cutrona, who will have the title of chief counsel for nominations on the committee's GOP staff. She’s worked as a Republican counsel for the committee since March 2008 and previously was an associate at Edwards Angell Palmer & Dodge and at Skadden, Arps, Slate, Meagher & Flom.

Republican efforts on nominations were handled by a group of staff lawyers for much of last year, after the committee’s former top Republican, Sen. Arlen Specter of Pennsylvania, switched parties.

In a news release, Sen. Jeff Sessions (R-Ala.), the committee’s current top Republican, called Cutrona’s promotion well-deserved. “Her hard work for the committee over the past several months has been an invaluable asset,” he said.

Three stalled Justice Department nominees are set for votes in committee next week, after President Barack Obama renominated them this month: Dawn Johnsen for the Office of Legal Counsel, Christopher Schroeder for the Office of Legal Policy, and Mary Smith for the Tax Division.

Cutrona has a law degree from Seton Hall University. She is a former president of the Federalist Society’s New Jersey Lawyers Chapter, according to the news release.

The Morning Wrap

Abortion on Trial: From The New York Times: "Scott Roeder, the man charged with murder in the shooting of George R. Tiller, one of the few doctors in the country to perform late-term abortions, took the witness stand in his own defense on Thursday, and said that, yes, he did it." According to the Times, Roeder's lawyers are hoping the jury will consider his growing opposition to abortion when deciding their verdict.

Live Merger: The National Law Journal's Amanda Bronstad interviews Gibson, Dunn & Crutcher partner Steven Sletten for an inside look at the Ticketmaster-Live Nation merger, which recently won Justice Department approval.

Bernake's Back: After much sturm and drang,the Senate confirmed Federal Reserve Chair Ben Bernanke to a second four-year term by a vote of 70-to-30. Here's The Wall Street Journal's take.

Supreme Headache: Politico says Democrats are having buyers remorse for confirming Justices John Roberts and Samuel Alito.

Alleged Judge Stalker Begins Her Defense

The lawyer for the woman accused of stalking a D.C. magistrate judge began presenting her defense today, fighting allegations that she broke into her former girlfriend's house by offering witnesses who testified that the two had lived together.

The issue of whether the defendant, Taylar Nuevelle, and her alleged victim, Judge Janet Albert, shared a home will be a key question for the D.C. Superior Court jury, as it considers charges that Nuevelle forced her way into Albert’s residence in order to harass her after their relationship imploded. Defense lawyer Dorsey Jones Jr. has said that Nuevelle was simply trying to retrieve property from the house.

Jones invited a handful of Nuevelle’s friends, neighbors, co-workers and family to the stand, where they told the jury that Nuevelle and Albert appeared to be living together when they broke up in September 2008. Albert herself testified earlier in the case that Nuevelle spent anywhere from two to five days a week staying at her Northwest Washington house, but maintained that they were not formally living together.

Among the defense witnesses, one longtime friend testified that Nuevelle told her she continued renting her Kenyon Street apartment to use it as a home office, and as a place to keep her cat, to which Albert was allergic. Nuevelle’s brother told the jury that he had visited his sister four or five times at Albert’s home, and saw her less often at her old apartment while she dated the judge. One of Nuevelle’s former co-workers at the Atlas Performing Arts Center said he had seen Nuevelle go in and out of Albert’s house with a set of keys (Albert testified that she lent Nuevelle keys occasionally and always asked for them back).

Assistant U.S. Attorney Stephanie Brenowitz kept most of her cross-examination brief, repeatedly asking the witnesses about their close relationships with Nuevelle and whether they knew that where she had lived was important to the case.

The most dramatic moment of the day may have come during the cross examination of Cheranne Bennett, who was identified as a long-time friend and current romantic partner of Nuevelle. Bennett told the jury that, although Nuevelle still rented her own apartment, it seemed as if she was spending almost all of her time with Albert.

Brenowitz keyed in on Bennett’s relationship with Nuevelle, asking whether the two had discussed the case (they had discussed the circumstances around it, Bennett said). Then, in a tense exchange, the prosecutor suggested it was “emotionally important” for Nuevelle to believe that she and the judge had been sharing a life.

“You know that it is important to her because she needs to believe she was in a serious relationship with Ms. Albert, correct?” the prosecutor asked Bennett.

“That’s a bad question. I don’t understand that,” Bennett said, seemingly defensive.

“You know that it’s important to her to believe that she was in a domestic partnership with Ms. Albert and co-parenting her child, correct?” the prosecutor continued.

“Those things are true!” Bennett said, finally.

At another point in the cross examination, Bennett admitted that she had told the grand jury that Nuevelle had entered Albert’s house through a window, in part to get an unsent letter that the judge had written to another former lover. Bennett added, however, that the letter was not the sole reason Nuevelle went to the house.

The trial continues tomorrow at 11 a.m.