Tuesday, September 12, 2017

American Research Center in Sofia Comments on Bulgaria MoU Request – CPAC Public Comments Deadline is Today

September 12, 2017 – by 0
A vessel from the Rogozen treasure,
National Historical Museum,
Sofia, Bulgaria.
Author: Nenko Lazarof
Today is the last day to file public comments with the Cultural Property Advisory Committee (CPAC) regarding Bulgaria’s request for a Memorandum of Understanding.  Comments may be filed electronically here.

One noteworthy submission was made by the President of the Board of Trustees of the American Research Center in Sofia (ARCS), Kevin Clinton. ARCS is made up of member institutions that include Columbia, Cornell, Dartmouth, Harvard, Yale and many more institutions. (Click here for the full list.)  Clinton write on behalf of ARCS:

“I can report that ARCS strongly supports the requested MOU on Bulgarian cultural property. Incorporated in New York in 2004, ARCS . . . is supported by a consortium of approximately 70 institutions of higher learning in North America.
…
We at ARCS were first confronted with the severity of the duduk perkara during our first academic session, in the summer of 2006. After a lecture by Professor Lyudmil Vagalinski, currently the Director of the National Institute of Archaeology and Museum of the Bulgarian Academy of Sciences (NIAM-BAS), he was asked by one of the American students whether illegal trafficking in antiquities was a problem. He responded by saying: “Bulgaria is being systematically raped of its cultural heritage.” To give us an example, he recounted an incident from 1999, when he happened to be at a conference in Frankfurt am Main. Customs at the Frankfurt airport seized a crate, illegally sent from Bulgaria and destined for the US, containing many ancient artifacts (coins, bronze statuettes etc.) illegally excavated in Bulgaria. Officials of the Ministry of Culture of the province of Hessen consulted him at the conference and told him at least two similar shipments had been let pass to the USA via the Frankfurt airport. When Bulgarian officials, after a bureaucratic delay, applied to German authorities to get back the shipment, they were told it was sent on to the US (after a Customs fine was levied) because Bulgaria had no contract on cultural property with the European Union and no MOU with the US. He was profoundly disappointed. He also pointed out to us that he was receiving a steady stream of e-mails from the US asking him to authenticate ancient artifacts that obviously had been illegally exported from Bulgaria (Determination C, 303(a)(1) CPIA)."

"In my travels throughout Bulgaria, I frequently found signs of looting, especially prevalent in the funeral mounds, where one can often still see tunnels dug by modern looters; such activity is noted also in virtually every excavation report. As one who has worked at archaeological sites, I am well aware of the devastation that illegal excavation and exportation cause, not simply by the loss of valuable and unique objects but by stripping sites to such an extent that they lose their historical and cultural identity. Looting of course can greatly hinder or even annul archaeological investigation, since such investigation requires a complete context, including even the most minute objects, for proper evaluation. More importantly, it robs a people of its historical and cultural memory, especially when it takes place on such a grand scale as has been happening in Bulgaria. Loss of historical and cultural memory is corrosive to a nation’s identity and humane development.”

The public submission by ARCS to CPAC can be found here.
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DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.

Sumber http://thetrialwarrior.blogspot.com/

Depositions for Criminal Cases

September 12, 2017 – by 0
Depositions are most often used in civil cases.  But that doesn't have to be the case.  Depositions can be quite effective in criminal cases as well, especially cases that have out-of-town witnesses, or others that may later become unavailable for trial.  The latest issue of The Champion, the newsletter of the National Association of Criminal Defense Lawyers (NACDL), has a good article about Taking an Effective Deposition in a Criminal Case.

Chapter 39 of the Texas Code of Criminal Procedure governs depositions for criminal cases in Texas.  That is the place to start if you think a deposition might be appropriate for your case.

*A note from past experience: If you are planning to take a deposition of a foreign national in another country, please be sure to research the host nation's laws on depositions.  I almost messed that one up with a deposition I had to take in Okinawa.
Sumber http://thetrialwarrior.blogspot.com/

AIA Submits Public Comments to CPAC in Support of Bulgaria's MoU Request

September 12, 2017 – by 0
The Archaeological Institute of America (AIA) yesterday submitted public comments supporting Bulgaria's request for a Memorandum of Understanding that would implement US import protections covering cultural artifacts.  The comments were made to the Cultural Property Advisory Committee by Peter Herdrich, chief executive officer of the AIA:

"Dear Cultural Property Advisory Council,
I write to you to urge your support for the Memorandum of Understanding between the United States and Bulgaria in order to help protect the cultural and archaeological heritage of this great and historic country. As Chief Executive Officer of the Archaeological Institute of America, I can assure you that our 235,000 members speak with one voice on this issue, agreeing that we should do whatever we can to create import restrictions on archaeological and ethnological material from across Bulgaria’s long history. Our members include professional archaeologists with academic and research interests in Bulgarian material, archaeological enthusiasts with a curiosity about Bulgaria’s past, and students who form the next generation of scholars. All recognize the value of Bulgaria’s unique archaeological patrimony. And that patrimony is under threat. In the January/February 2009 issue of ARCHAEOLOGY magazine, the entire country was listed as one on the world’s most endangered sites and described thus: 'Like its neighbors, Bulgaria is rich in archaeological remains—ancient Greek, Thracian, Roman, Byzantine, and Ottoman. But rather than draw millions of visitors each year to its ancient sites, this poor Balkan country mainly exports its cultural heritage. The transition from Communism to a free market economy has left Bulgaria exposed to the swirling forces of the global illicit antiquities trade. Desperate poverty means huge numbers of Bulgarians…are involved in the trade.' The members of the Archaeological Institute of America agree that the United States should do whatever we can to stamp out that trade that threatens sites across Bulgaria and to support Bulgarian heritage. Therefore we ask that on November 16, you recommend the creation of a Memorandum of Understanding between our government and the government of the Republic of Bulgaria. Sincerely, Peter Herdrich Archaeological Institute of America"

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DISCLAIMER: The information provided on this web site/email/blog/feed is general information only, not legal advice, and not guaranteed to be current, correct, or complete. No attorney-client relationship is formed, and no express or implied warranty is given. Links or references to outside sources are not endorsements. This site may be considered attorney advertising by some jurisdictions. The attorney is licensed in NH. The attorney is not certified by the TX Board of Legal Specialization, nor certified by NY regulators as a so-called "specialist" or "expert." Do not send confidential communications through this web site or email.

Sumber http://thetrialwarrior.blogspot.com/

Los Angeles County Judge Orders Getty Museum to Mediate Armenian Zeyt'un Bible Pages Dispute

September 12, 2017 – by 0
The Matenadaran in Yereva, Armenia
where the Zeyt'un Gospel Bible is housed,
minus the seven pages at The Getty in L.A.
Author: TigranMets (Creative Commons)

The Getty Museum and the Western Prelacy of the Armenian Apostolic Church are headed to mediation over the issue of the Zeyt’un Gospel pages. This week Judge Abraham Khan of the Los Angeles County superior court told the parties to return next spring if an agreement was not reached, reports the Los Angeles Times.

In June 2010 the Armenian Apostolic Church filed a civil lawsuit against the J. Paul Getty Museum alleging that the museum acquired stolen property. The church seeks the return of seven manuscript pages, parts of an illuminated Bible that was created in 1256 and later lost during the Armenian bloodshed that occurred during the early 20th century. The actual Bible, minus its missing pages, is located in Armenia at The Matenadaran (officially known as the Mesrop Mashtots Institute of Ancient Manuscripts).

The church sued the Getty on four counts:
• Replevin, which is the legal action that a party takes to recover personal property that was taken unlawfully;

• Conversion, which is the legal claim that a party unlawfully used personal property for its own use;

• Treble damages--specifically $105 million--which is a tripling of monetary damages that is permitted by statute, in this case California’s penal law; and

• Quiet title, which is a legal action intended to remove doubt about who owns a certain piece of property.

At issue in the case is the provenance of the biblical pages, which are canon tables or an index. The Getty Museum states on its web site that “[t]he Zeyt'un Gospels, made in the scriptorium at Hromklay for Katholikos Constantine I in 1256, are the earliest signed work of T'oros Roslin, the most accomplished illuminator and scribe in Armenia in the 1200s. These canon tables were separated from the manuscript at some point in the past and eventually acquired by the Getty Museum, while the rest of the manuscript is in a public collection in Armenia.” In a June 2, 2010 press release issued just after the lawsuit was filed, the Getty said that it “legally acquired the Canon Tables in 1994 from a private collection in the United States after a thorough review of their provenance. They have been repeatedly described and reproduced in publications in English, Armenian and French. Indeed, a notable Armenian scholar who also was the primate of the Armenian Church of America acknowledged key details about the Canon Tables' provenance in a 1943 article, including the fact that they were owned by an Armenian family in the United States. The pages have been publicly exhibited throughout the United States, including a well-publicized 1994 exhibition of Armenian art and culture at the Pierpont Morgan Library in New York.” The Getty Museum added: “Promptly after acquiring the Canon Tables, the Getty prominently featured them in the J. Paul Getty Museum Journal, Volume 23, including a cover illustration. The Canon Tables have been published and exhibited several times since the Getty acquired them. At no time in the ninety or so years that the Canon Tables have been in the United States has anyone questioned their ownership.”

The Armenian church, meanwhile, writes in its initial legal complaint that “the seven missing stolen pages (canon tablets) of the Zeyt’un Gospel Bible ripped from the full manuscript that became stolen property eventually ended up in a private collection of a family in Watertown, Massachusetts, where they were loaned to the Piermont Morgan Library in 1994 for an exhibition entitled “Treasures From Heaven.” The family’s name remained anonymous at that time. The Catholicosate was never informed by the family or by the Piermont Morgan Library of their possession of the seven missing stolen pages which clearly were part of the entire Zeyt’un Gospel Bible manuscript.” The church adds that it only discovered the missing pages when they were noticed “by chance” at the Getty Museum in 2007.

Also at issue in this case is the statute of limitations. However, the court has saved its assessment of this issue for a later date if the parties cannot reach a mediated settlement.

References:

CONTACT INFORMATION: www.culturalheritagelawyer.com/.

Sumber http://thetrialwarrior.blogspot.com/

The Penalty for Tardiness

September 12, 2017 – by 0
A couple of weeks ago, one of our guest blawggers (a prosecutor) posted about his disdain for tardy defense attorneys.  Now Jamison Koehler, a blawgger friend and criminal defense attorney in Washington D.C. shares his recent experience about a tardy prosecutor.

It seems to me, the common theme here is that as professionals and officers of the court, none of the parties should be late.  As Jamison points out, if it happens in Washington DC, you (or your client) may pay the consequences.
Sumber http://thetrialwarrior.blogspot.com/

"There They Are Right There!" - A Defective Terry Stop

September 12, 2017 – by 0
The propriety of a Terry stop (a.k.a. investigative detention) can be, and often is, a hotly contested issue during pre-trial suppression hearings and on appeal.  I've written about the legal standard required for a Terry stop many times, but one can never get enough Terry law, so here it is again, complete with case citations, as recited by the 2nd District Court of Appeals (Fort Worth):

A temporary or investigative detention is a seizure.  Francis v. State, 922 S.W.2d 176, 178 (Tex. Crim. App. 1996); Josey v. State, 981 S.W.2d 831, 838 (Tex. App.—Houston [14th Dist.] 1988, pet. ref‘d).  An investigative detention occurs when an individual is encountered by a police officer, yields to the officer‘s display of authority, and is temporarily detained for purposes of an investigation.  Johnson v. State, 912 S.W.2d 227, 235 (Tex. Crim. App. 1995).  Because an investigative detention is a seizure, reasonable suspicion must be shown by the officer to justify the seizure.  State v. Larue, 28 S.W.3d 549, 553 n.8 (Tex. Crim. App. 2000).

An officer conducts a lawful temporary detention when he has reasonable suspicion to believe that an individual is violating the law. Ford, 158 S.W.3d at 492.  "[T]he police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion."  Davis v. State, 947 S.W.2d 240, 242 (Tex. Crim. App. 1997) (quoting Terry v. Ohio, 392 U.S. 1, 21, 88 S. Ct. 1868, 1880 (1968)).  The articulable facts must show unusual activity, some evidence that connects the detainee to the unusual activity, and some indication that the unusual activity is related to a crime. Martinez, 2011 WL 2555712, at *2.  Articulable facts must amount to more than a mere inarticulate hunch, suspicion, or good faith suspicion that a crime was in progress. Crain v. State, 315 S.W.3d 43, 52 (Tex. Crim. App. 2010).
In State v. Kerwick, a recent case designated for publication by the 2nd COA, the Court was called upon to consider whether the trial court abused its discretion when it suppressed the evidence of a defendant's warrantless arrest.  The arresting officer had been dispatched to the Stockyards after a brawl was reported outside a bar.  When he arrived, an unidentified person pointed at a group of people in a car and said "There they are right there."  The car was pulling away when the officer approached on foot and ordered the driver to stop.  The driver was later arrested for DWI.

The Court of Appeals agreed with the trial court (or at least found that the ruling was not outside the reasonable zone of disagreement) that the officer did not have "reasonable suspicion" to justify the Terry stop when the only facts he had were that a brawl was reported and an unidentified person said "There they are."

While I agree that the officer did not have reasonable suspicion to justify the stop in this case, I think this case really hinged on the trial court's initial ruling.  The standard of review (abuse of discretion - outside the zone of reasonable disagreement) is very deferential and had the trial court ruled for the State, it would not be hard to imagine the appellate court upholding that ruling as well (with the exact same facts).  Perhaps an obvious observation on my part.
Sumber http://thetrialwarrior.blogspot.com/

ICE Seizes Stolen Art From Florida's Brogan Museum - Said To Be Taken During WWII

September 12, 2017 – by 0
here.]

Find the complete press release describing the seizure and issued by ICE here.  Also, listen to Chucha Barber, the Brogan Museum’s chief executive officer, who provides a short audio sketch of the ownership claims to the painting on PRI's The World.

Thanks go to Gary Nurkin for alerting me to this news.

Sumber http://thetrialwarrior.blogspot.com/
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