Issue link: https://www.epageflip.net/i/548715
ByCurtAnderson The Associated Press MIAMI A divided appeals court on Wednesday upheld the murder conviction of a formerFBIagentinthe1982 slaying of a Florida gam- bling executive in a case connected to imprisoned New England mob boss James "Whitey" Bulger. The full 3rd District Court of Appeal's decision in the case of ex-agent John Connolly reversed that of a three-judge panel of the same court. In a 6-4 ruling, the new decision concluded Connolly could be convicted of second- degree murder with a fire- arm even though he was 1,500 miles away when a hit man fatally shot World Jai-Alai President John Callahan in Fort Lauder- dale in 1982. The judges agreed with prosecutors that the fire- arm enhancement was proper because Connolly, as an on-duty FBI agent at the time, was certainly armed when he tipped Bulger's gang that Calla- han was about to implicate them in another killing. "The evidence as to both his participation in the murder and his possession of a firearm during his par- ticipation are overwhelm- ing," Judge Leslie Rothen- berg wrote on behalf of the majority. "The law does not require that the defendant be the actual shooter." Connolly was Bulger's FBI handler in Boston and was convicted in 2002 in federal court of racketeer- ing for protecting members of his Winter Hill Gang from prosecution and tip- ping them about infor- mants in their ranks. He completed a 10- year sentence in that case, then was convicted and sentenced to 40 years in prison for the Florida mur- der. The Florida jury that convicted him in 2008 specifically found that al- though Connolly's gun was not used in the slaying, the charge could be "reclassi- fied" to include his own FBI firearm as part of the crime — overcoming a statute of limitations in place in 1982 that would otherwise have required Connolly's acquittal. The four dissenting judges accused the major- ity of an "overbroad" inter- pretation of the firearms law as it relates to felonies such as murder and pre- dicted the decision would trigger confusion in cases across Florida. The dis- senters said they will for- mally ask the Florida Su- preme Court to weigh in on the question. "Up until today, (state law) has been interpreted throughout the state to re- quire the defendant to have carried, displayed, used, threatened or attempted to use the weapon actually used or available for use in commission of the felony," wrote Judge Richard J. Su- arez in the dissent. "The law is as clear as our duty to apply it. Con- nolly did not carry a fire- arm during the commis- sion of the murder," Su- arez added. Connolly's attorney did not immediately respond to an email seeking com- ment about possible fur- ther appeals. Bulger, the loose blue- print for the Martin Scors- ese film "The Departed," was a fugitive for 16 years until his 2011 capture at an apartmentinSantaMonica, California. Bulger is serv- ing a life sentence for con- victions in August 2013 of numerouscrimes,including involvement in 11 murders. NEW ENGLAND MOB Court upholds ex-FBI agent's murder conviction The Associated Press LOS ANGELES Leaders in Los Angeles unanimously voted to ban the sale of high-capacity gun maga- zines, putting the city in the middle of the debate over national gun control follow- ing mass shootings nation- wide and a boost in violent crime in some large cities. The City Council says the measure it passed Tuesday will close a loophole in Cali- fornialawthatbanstheman- ufacture and sale of maga- zines holding more than 10 rounds of ammunition — but not their possession. The Law Center to Pre- vent Gun Violence contends the magazines are a com- mon thread in mass shoot- ings, including at Sandy Hook Elementary School in Newtown, Connecticut, in 2012, the Los Angeles Times reported. The ordi- nance comes as gun-con- trol legislation has failed to get off the ground following such massacres. It coincides with an in- crease in the number of ho- micides this year in cities such as Houston, St. Louis, New Orleans and Balti- more. In Los Angeles, the number of slayings dropped slightly, but the number of shooting victims jumped more than 18 percent. Mayor Eric Garcetti says he will sign the measure and it will go into effect 30 days after that. Those who have magazines will have a 60-grace period to legally sell, surrender or take them out of the city. The National Rifle As- sociation and other gun rights groups have threat- ened to sue, saying that the ordinance violates the Sec- ond Amendment and is pre- empted by state law. Ammunition magazines that hold more than 10 rounds "are in common use for self-defense and they are overwhelmingly chosen for that purpose," said Anna M. Barvir, an attorney with Michel & Associates, which represents the NRA and the California Rifle & Pistol As- sociation. "Indeed, millions are in the hands of good American citizens. As such, they are fully protected by the Con- stitution," Barvir said in a statement. Supporters of the mea- sure say it is a small but im- portant step in curbing vio- lence, and Councilman Paul Krekorian said, "If the NRA wants to sue us over this, bring it on." "People who want to de- fend their families don't need a 100-round drum magazine and an automatic weapon to do it," Krekorian said during a rally before the Tuesday vote. The effort to draft the or- dinance started two years ago, and Ruett and Rhonda Foster said they wished the measure passed sooner. Their 7-year-old son, Evan, died 18 years ago when a gunman sprayed a park with more than a dozen shots. If the killer's shots had been limited be- fore reloading, "Evan might still be here today," Ru- ett Foster told the council Tuesday. MASS SHOOTINGS Lo s An ge le s le ad er s ou tl aw high-capacity gun magazines PHOTOSBYNICKUT—THEASSOCIATEDPRESS Parents of victims of gun violence, pastor Ruett Foster, from le , his wife Rhonda and Anna Del Rio hold pictures of their late children during a rally outside Los Angeles City Hall supporting a city ordinance to ban the possession of high-capacity gun magazines. Los Angeles Police Chief Charlie Beck, le , Councilman Paul Koretz, middle, and then-City Council President/ now-Los Angeles Mayor Eric Garcetti, appear at a news conference with high-capacity gun magazines in City Hall. 233 RiversideWay, Red Bluff, CA96080 Formore information orto RSVP please call us at 527-8313 Theopportunitiesandexperiencesthat await you at Mercy... •The latest in textbook technology. 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