Can This Woman Sue the Rogue Prosecutor Who Allegedly Helped Upend Her Life?

Published

1 year ago

May 17, 2024

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The job of the prosecutor is to hold the public accountable. But when the tables are turnedwhen the prosecutor is the one who allegedly flouted the lawit is, paradoxically, enormously difficult for victims to achieve recourse. Lawyers yesterday sparred at the U.S. Court of Appeals for the 5th Circuit over one such barrier preventing someone from suing a former assistant district attorney accused of misconduct so egregious that one judge on the 5th Circuit described it last year as “utterly bonkers.”

At the center of the case is Ralph Petty, whose yearslong career included work as both an assistant district attorney and a law clerkat the same time, for the same judges. In practice, that means his arguments as a prosecutor were sometimes performance art, because, as a law clerk, he had the opportunity to draft the same rulings he sought in court. It doesn’t take a lawyer to deduce that the set-up presents troubling implications for due process.

One of Petty’s alleged victims, Erma Wilson, would like the opportunity to bring her civil suit against him before a jury. In 2001, she was convicted of cocaine possession after police found a bag of crack on the ground near where she and some friends were gathered. Law enforcement offered to let her off if she implicated the guilty party; she said she didn’t know.

Years later, that conviction continues to haunt her. Most notably, it doomed any chance of her fulfilling her lifelong dream of becoming a nurse, because Texas, where she lives, does not approve registered nursing licenses for people found guilty of drug-related crimes.

Wilson’s conviction coincided with the beginning of Petty’s dual-hat arrangement in Midland County, Texas. Though he was not the lead prosecutor on her case, she alleges he “communicated with and advised fellow prosecutors in the District Attorney’s Office” on her prosecution while simultaneously working for Judge John G. Hyde, who presided over her case, giving him “access to documents and information generally unavailable to prosecutors.” ( Hyde died in 2012.)

“Further undermining confidence in Erma’s criminal proceedings, Petty and Judge Hyde engaged in ex parte communications concerning Erma’s case,” her lawsuit reads . “Consequential motions, such as Erma’s motion to suppress, were resolved in the prosecution’s favor throughout trial. And despite the weak evidence against her, Erma’s motion for a new trial was not granted. Any of these facts by itself undermines the integrity of Erma’s trial. Together, these facts eviscerate it.”

Typically prosecutors are protected by absolute immunity, which, as its name implies, is an even more robust shield than qualified immunity. But that issue is not before the 5th Circuit, because Wilson must overcome another barrier: Someone who has been convicted of a crime may not sue under Section 1983the federal statute that permits lawsuits against state and local government employees for alleged constitutional violationsunless “the conviction or sentence has been reversed on appeal or otherwise declared invalid,” wrote Judge Don Willett for the 5th Circuit in December. “The wrinkle here is that Petty’s conflicted dual-hat arrangement came to light only after Wilson had served her whole sentence.”

But Willettthe same judge who characterized Petty’s alleged malfeasance as “utterly bonkers”did not appear happy with his own ruling, which he said came because his hands were tied by precedent. He invited the 5th Circuit to hear the case en banc, where all the judges on the court convene to reconsider an appeal, as opposed to a three-judge panel (the usual format for evaluating cases).

The court accepted. “The defendants say that [Wilson is] forever barred from invoking that federal cause of action or any other federal cause of action unless she first persuades state officials to grant her relief. If they never do, she can never sue,” Jaba Tsitsuashvili, an attorney at the Institute for Justice who is representing Wilson, argued yesterday. “In most circuits, that argument would be rejected, and rightly so.”

At the center of the case is Heck v. Humphrey (1994), a Supreme Court precedent that, as Willett noted, forecloses Section 1983 relief for plaintiffs alleging unconstitutional convictions if his or her criminal case was not resolved with “favorable termination.” The catch: Most federal appeals courts have established that Heck does not apply when federal habeas relief is no longer available, as is the case with Wilson. The 5th Circuit is an exception.

Perhaps soon it won’t be. Yet even if the judges agree with Tsitsuashvili’s interpretation of the law, Wilson is not in the clear. She will then have to explain why Petty is not entitled to absolute immunity, which inoculates prosecutors from facing such civil suits if their alleged misconduct was carried out in the scope of their prosecutorial duties. It is nearly impossible to overcome. But Petty may not be a candidate for it, because his malfeasance was technically not committed as a prosecutor. It was committed as a law clerk.

Should Wilson be granted the privilege to sue, it will be the first time an alleged victim of Petty’s gets a tangible chance at recourse. There was, of course, the fact that he was disbarred, but defendants whose trials were marred by Petty likely take little comfort in that, particularly when considering it came in 2021two years after he retired.

UK

Premier League clubs at risk of legal action over unlicensed casino sponsors

Published

1 hour ago

May 25, 2025

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Premier League clubs at risk of legal action over unlicensed casino sponsors

Casinos sponsoring two Premier League clubs are accepting UK customers without a licence, putting club officers at risk of prosecution, Sky News has learned.

The gambling websites, BC.Game and DEBET, are the matchday shirt sponsors of Leicester City and Wolverhampton Wanderers, respectively.

But an investigation by anti-gambling advert campaigners, shared with Sky News, suggests the casinos have continued to accept UK customers – despite this becoming unlawful after they lost their licences to operate in the UK.

DEBET lost its licence on 15 May, while BC.Game lost its licence in December 2024.

Neither club has indicated that they intend to end the sponsorships, despite criticism from campaigners and warnings from the Gambling Commission.

With the end of the 2024/25 season this weekend, both clubs are now half-way through two-year sponsorship deals with the casinos – putting them in a difficult position for next season.

The campaign group Coalition to End Gambling Ads (CEGA) told Sky News it was able to make deposits on both gambling websites, despite the sites having no licence to accept UK customers.

CEGA also successfully deposited cash on Burnley FC sponsor 96.com. Burnley are due to be promoted to the Premier League next season.

The findings come one week after the Gambling Commission warned five football clubs, including Wolverhampton and Burnley, that their officers “may be liable to prosecution and, if convicted, face a fine, imprisonment or both if they promote unlicensed gambling businesses that transact with consumers in Great Britain”.

The Commission had issued a similar warning to Leicester City in February.

It made clear then that the clubs must either cut ties with the casinos or ensure they are not accessible to UK customers “by any means” – including virtual private networks (VPNs) – software used to hide a user’s real location.

Other than the need to use a VPN, CEGA director Will Prochaska says it “really wasn’t very difficult” to access the sites.

The Gambling Commission declined to be interviewed by Sky News, but said that “where we have evidence that meets the standard for criminal prosecution we will take appropriate action”.

Head of enforcement at the Commission John Pierce previously said the body would “conduct ongoing spot checks as necessary to ensure they are not accessible to consumers in Great Britain by any means”.

Mr Prochaska, however, said the Commission was taking “far too long” to take action.

“Far too many children, far too many football fans, are seeing these adverts every day,” he said. “It’s got to stop.”

Leicester City’s sponsor has had no UK licence for almost six months

The three sites that appear on the matchday shirts of Leicester, Wolves and Burnley were previously licensed by TGP Europe, a company based on the Isle of Man.

On 15 May, TGP Europe surrendered its UK gambling licence to avoid a £3.3m fine, leaving DEBET and 96.com unable to legally accept UK customers.

Leicester City sponsor BC.Game has been unlicensed in the UK since it parted ways with TGP Europe in December 2024 – almost six months ago.

Mr Prochaska said he contacted Leicester City on 13 March to alert them that BC.Game was still accepting UK customers.

“In fact, it was one of the easiest for me to gamble on – there were very few checks whatsoever,” he says. “But Leicester don’t seem to have done anything about it, and it’s still on the front of their shirts.”

Leicester City FC did not respond to a request for comment.

Sky News was able to sign up to every single site

Bournemouth, Fulham and Newcastle United are also sponsored by casinos that were formerly licensed by TGP Europe, but have been unlicensed since 15 May.

These casinos (bj88, SBOTOP and FUN88) are no longer able to legally accept UK customers.

However, Sky News was able to use a VPN to sign up to all three casinos, as well as those sponsoring Leicester City, Wolverhampton and Burnley.

On all six websites, Sky was able to access QR codes for making cryptocurrency deposits. Sky News did not attempt to make any deposits.

All six casinos are forbidden by law from accepting UK customers.

Yet Burnley sponsor 96.com allowed Sky News to sign up using a Telegram account registered to a UK phone number.

The other websites all required phone numbers to be entered upon registration, which could be used as an additional layer of security to filter out UK customers.

However, most of the websites did not check whether the phone number provided was genuine.

Only one website, Leicester City sponsor BC.Game, did check.

However, after confirming the phone number’s authenticity, BC.Game allowed registration to proceed – even though Sky News had provided a UK phone number.

Sky News presented these findings to the football clubs concerned, to TGP Europe and to the Gambling Commission, but did not receive any comment.

Anyone concerned about their gambling, or that of a loved one, can visit BeGambleAware.org for free, confidential advice and support, or The National Gambling Helpline is available on 0808 8020 133 and operates 24 hours a day, seven days a week.

The Data and Forensics team is a multi-skilled unit dedicated to providing transparent journalism from Sky News. We gather, analyse and visualise data to tell data-driven stories. We combine traditional reporting skills with advanced analysis of satellite images, social media and other open source information. Through multimedia storytelling we aim to better explain the world while also showing how our journalism is done.

UK

Former BBC executive and presenter Alan Yentob dies

Published

1 hour ago

May 25, 2025

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Former BBC executive and presenter Alan Yentob dies

Alan Yentob, the former BBC presenter and executive, has died aged 78.

A statement from his family, shared by the BBC, said Yentob died on Saturday.

His wife Philippa Walker said: “For Jacob, Bella and I, every day with Alan held the promise of something unexpected. Our life was exciting, he was exciting.

“He was curious, funny, annoying, late, and creative in every cell of his body. But more than that, he was the kindest of men and a profoundly moral man. He leaves in his wake a trail of love a mile wide.”

Yentob joined the BBC as a trainee in 1968 and held a number of positions – including controller of BBC One and BBC Two, director of television, and head of music and art.

He was also the director of BBC drama, entertainment, and children’s TV.

Yentob launched CBBC and CBeebies, and his drama commissions included Pride And Prejudice and Middlemarch.

The TV executive was made a Commander of the Order of the British Empire (CBE) by the King in 2024 for services to the arts and media.

In a tribute, the BBC’s director-general Tim Davie said: “Alan Yentob was a towering figure in British broadcasting and the arts. A creative force and a cultural visionary, he shaped decades of programming at the BBC and beyond, with a passion for storytelling and public service that leave a lasting legacy.

“Above all, Alan was a true original. His passion wasn’t performative – it was personal. He believed in the power of culture to enrich, challenge and connect us.”

BBC Radio 4 presenter Amol Rajan described him on Instagram as “such a unique and kind man: an improbable impresario from unlikely origins who became a towering figure in the culture of post-war Britain.

“I commend his spirit to the living.”

UK

Mother and three children who died in house fire in London named by police

Published

2 hours ago

May 25, 2025

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Mother and three children who died in house fire in London named by police

A mother and three of her children who died in a house fire in northwest London have been named by police.

Warning: This article contains pictures of a fire in which people died

Detectives say Nusrat Usman, 43, Maryam Mikaiel, 15, Musa Usman, eight, and Raees Usman, four, died following the fire in Stonebridge, near Wembley, in the early hours of Saturday.

A woman in her 70s was taken to hospital but has since been released. A 13-year-old girl remains in hospital in a critical condition.

A 41-year-old man was arrested at the scene and has since been bailed. He was subsequently detained under the Mental Health Act.

Flowers and a blue teddy bear have been left near the scene, where crews wearing helmets and respiratory equipment were seen building scaffolding against the burnt-out buildings.

Neighbour Cecilia Marquis, 60, said she was “stunned by the devastation”.

“This will leave a devastating impact,” Ms Marquis, who witnessed the fire, said.

Witness Mohamed Labidi, 38, said he “can’t even look at the house right now”.

“We used to socialise together.

“They’re very good people, no problems on their side at all. It’s really shocking. It’s a really strong community here, we look after each other.”

A neighbour, who asked not to be named, said: “It’s horrible, we saw people running outside.

“It’s hard to process. I only just moved in, so it’s hard to think about it.”

Eight fire engines and around 60 firefighters responded to the blaze, London Fire Brigade (LFB) said.

Two terrace houses, each with three floors, were severely damaged in the fire, which was under control by around 3.25am, the fire service added.

Superintendent Steve Allen, from the Met’s local policing team in northwest London, said: “Our thoughts go out to all those impacted by what has happened.

“Specialist officers are continuing to support the wider family who have asked for privacy at this deeply upsetting time.

“Local officers are working closely with officers from the Specialist Crime Command on what continues to be a very complex investigation.”

Mayor of London Sadiq Khan said in a post on X: “This is devastating news and my thoughts are with the family, friends and wider community of the four people who sadly have lost their lives.

“I remain in close contact with the London Fire Brigade and Metropolitan Police as they work to establish the cause of the fire and offer support to all those impacted.”

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