Wednesday, October 8, 2008

Clerk of courts

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In a hearing at the U.S. Court for the Southern District in Texas, Judge Andrew S. Hanen heard both sides present their views on damages in the case, then told them to try to resolve the issue.

'It's time to set things aside or to bury the hatchet and to start to negotiate.' Hanen said. 'And if there is anything I can do to promote this, I am at your disposal.'

Hanen ruled in August that Grupo Mexico, which is Asarco's parent, had made a 'fraudulent transfer' of Asarco's stake in Southern Peru Copper Corp and harmed Asarco creditors in the transaction.

The two sides have widely differing views on appropriate damages in the case, with Asarco requesting about $7 billion, and Grupo Mexico arguing for between $50 million and $100 million


The 54-year-old was previously convicted and sentenced to death during a high-profile case in 2005. Due to pretrial publicity, the case was moved from Marion to Sumter County.
However, last June the Florida Supreme Court vacated the conviction and ordered a new trial based on a technicality during jury selection.
Kopsho's lawyer, Chief Assistant Public Defender Bill Miller, expressed somber relief at the judge's decision to continue the case.
'I know I've got a lot more work to do in the next four months,' he said. 'I don't make those motions lightly.'
As he told the court Tuesday, Miller was concerned about the narrow window of time he had in which to depose the new witness, Debra Dahlen Kopsho's first wife and a person who Miller said 'could put my client in a death chamber.'
Prosecutors plan to use Dahlen to rebut statements Kopsho made to psychologist Elizabeth McMahon that suggest he was victimized by all his former wives, of whom there were five, because they either cheated on him or left him.
That was Kopsho's only real shot at mitigating evidence, prosecutors said Tuesday




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