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07/02/2009 - National Legal News
Katherine Jackson, mother of the late Michael Jackson, is seeking custody of the deceased pop star’s three children. A court granted Katherine temporary guardianship of the children after the singer’s sudden death. View Full Article
Michael Jackson's mother, Katherine Jackson, is seeking custody of the late singer's three children - Michael Joseph Jackson, Jr. (a.k.a. Prince Michael), 12, Paris Michael Katherine Jackson, 11, and Prince Michael II, 7. A court granted Katherine temporary guardianship of the children after the singer's sudden death.
The Jackson family attorney, Londell McMillan, reported that the family has not heard from the two eldest children's biological mother, Deborah Rowe. Rowe married Michael in 1996, divorced him in 1999, and relinquished her parental rights. When she sought them again in 2003, she and Michael reached a settlement (in 2006) - the terms of which were never disclosed. Michael's youngest child was born to a surrogate mother whose identity has never been revealed.
A court hearing is set for August to determine whether Katherine will obtain permanent guardianship.
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07/02/2009 - National Legal News
Zicam®, a popular cold and allergy remedy, has been recalled by manufacturer Matrixx Initiatives, Inc. in the wake of a warning issued by the Food and Drug Administration. According to the warning, Zicam® users risk losing their sense of smell. View Full Article
Matrixx Initiatives, Inc. has put into motion a promised recall of Zicam® cold and allergy products this week after the FDA issued a warning that characterized them as dangerous. The Zicam® line of products, which contain the element zinc, have caused some users to permanently lose their sense of smell.
Since 2006, Matrixx has spent millions of dollars to settle hundreds of lawsuits with Zicam® users who lost their sense of smell, with hundreds more still pending. Despite the warning and recall, the company denies that its products are responsible for the condition, which is known as anosmia. Spokespeople for Matrixx have claimed that anosmia is no more likely among users of its products than among the general population, and that the condition is more likely caused by the common cold itself. The FDA has publicly disagreed with this assessment.
Matrixx also faces an investigation from the Securities and Exchange Commission. The company is accused of unlawful marketing, and of mischaracterizing the recall as "voluntary." Matrixx has disagreed strongly with both allegations, potentially setting the stage for a lengthy dispute.
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07/02/2009 - National Legal News
Acetaminophen, a common painkiller and the active ingredient in Tylenol® and other pain medications, is under scrutiny at the FDA, where allegations of liver damage and death through unintentional overdose are causing concern among regulators, medical experts, and others. View Full Article
For decades, over-the-counter painkillers and other medications have relied on the active ingredient acetaminophen. Now, the substance is coming under scrutiny from the Food and Drug Administration, which has convened a committee to explore ways to prevent the estimated 100 deaths that occur from accidental acetaminophen overdose each year in the United States.
The problem is rooted in the fact that so many different over-the-counter medications contain acetaminophen. In addition to over-the-counter painkillers such as Tylenol® and Excedrin®, cough medicines such as NyQuil® also contain significant amounts of the offending chemical. Though FDA and pharmaceutical-industry officials maintain that the substance is safe at recommended doses, many people unknowingly overdose when they take multiple acetaminophen-containing medications simultaneously.
FDA regulators could take a number of measures, including reducing recommended dosage levels and eliminating products that mix acetaminophen with other active ingredients. Such restrictive measures could meet resistance from the pharmaceutical industry, which could lose money if it can no longer sell the offending products.
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06/30/2009 - National Legal News
A California jury has determined that the California Department of Transportation is required to pay $6.3 million in damages in two wrongful death lawsuits and one personal injury lawsuit that were filed after 2004 car crash in the San Bernardino Mountains. View Full Article
In a jury verdict reached last Friday, the California Department of Transportation (Caltrans) is required to pay $6.3 million in damages in lawsuits stemming from a 2004 car crash.
A jury ruled that Caltrans was partially at fault for the accident in which a teenage girl intentionally sped on a rolling stretch of road that runs through the San Bernardino Mountains.
Two teenagers were killed in the accident, and their families will receive damages for wrongful death. A surviving passenger will receive damages for personal injury.
The driver of the vehicle survived and pleaded guilty in juvenile court to charges of vehicular manslaughter. She was speeding at the time of the accident with the intent to go airborne when she lost control of the vehicle.
Caltrans argued that the road was safe as long as drivers did not speed and followed other traffic laws. The jurors in the case determined that Caltrans was aware of the hazardous nature of the road and, therefore, partially responsible for the accident.
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06/29/2009 - National Legal News
A jury in Jo Daviess County, Illinois has awarded $1.9 million to a painter who was injured in a 2003 accident. The personal injury settlement is believed to be the largest in the county’s history. View Full Article
In a verdict announced last week, a Rockford, Illinois man has been awarded $1.9 million for injuries he sustained in a 2003 construction site accident. According to the clerk of courts, the settlement is the largest ever awarded in a personal injury case in Jo Daviess County.
The plaintiff, Mr. William Theiss, had been hired to paint at a newly constructed high school in Hanover, Illinois. Mr. Theiss severely injured his foot, ankle, and heel after falling 15 feet from a lift. The accident occurred when he tripped over a chain that was being used in place of guardrails. According to safety regulations, guardrails should have been on the lift.
As a result of the accident, Mr. Theiss developed an infection in his heel and had to endure over a dozen surgeries. He is now instructed by his doctors to avoid standing on his feet for more than an hour at a time.
The defendants in the case were Hoffman Construction Company and CIDAC, Inc., the drywall contractor. After a two-week trial, a Jo Daviess County jury awarded Mr. Theiss damages for lost wages, pain and suffering, disability, disfigurement, and medical expenses.
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06/24/2009 - National Legal News
Two Pennsylvania teens will serve jail time for the July beating of a Mexican man, which led to the man’s death. Plaintiff claims that the teens were motivated by racial prejudice, and that the jury’s relatively light sentence, too, was motivated by racial bias. View Full Article
A Pennsylvania jury sentenced Brandon Piekarsky, 17, and Derrick Donchak, 19, the Pennsylvania teens charged in the July death of Luis Ramirez, 25, to jail time. (The jury sentenced Piekarsky to 6 to 23 months and Donchak to 7 to 23 months). The plaintiff and critics believe the crime - and the sentencing - was motivated by racial prejudice.
On July 12 in Shenandoah, Pennsylvania, Piekarsky, Donchak, and several other teens allegedly baited Ramirez, an undocumented Mexican immigrant, into an argument on the street. According to reports, the teens had been drinking. They beat Ramirez so severely that, according to a medical testimony, brain tissue oozed from his skull. One of the other teens involved pleaded guilty in juvenile court, and another's case is being processed in federal courts.
Critics of the teens' sentence, including the judge in the case and Pennsylvania's governor, reportedly believe the sentence was too lenient. The teens' attorney reportedly believes it is too harsh, since state laws would have permitted probation.
Advocacy groups, who have called on the Department of Justice to bring hate crime charges against the teens, are expected to continue fighting the sentence.
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06/23/2009 - National Legal News
Divorce proceedings between R&B singer Usher and his estranged wife, Tameka Foster Raymond, are to continue. The split is expected to affect the couple’s two sons, ages 18 months and 6 months, for whom the pair will have to determine custody. View Full Article
R&B singer Usher Raymond ("Usher") and his estranged wife, Tameka Foster Raymond, are to continue divorce proceedings after the singer filed for divorce in Atlanta's Superior Court in early June. Their split is expected to impact their two sons, ages 18 months and six months. The outcome of the divorce proceedings may involve the singer's financial assets.
Usher, 30, and Foster Raymond, 38, met when she was Usher's stylist. The couple married in August 2007, after briefly postponing their wedding. According to the divorce petition, the couple has been separated since July of 2008.
The couple's marriage and subsequent separation were gossip fodder among fans; many questioned Foster Raymond's motives for marrying the singer (she was a married mother of three children when they met), and the singer's mother reportedly disapproved of the marriage.
Neither Usher nor Foster Raymond has yet spoken publicly about the divorce.
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06/21/2009 - National Legal News
An American man is involved in a custody battle over his 9-year-old son, whom the child’s mother (a Brazilian) abducted and took to Brazil. The dispute highlights issues of child custody and international child abduction. View Full Article
David Goldman, an American citizen, is involved in a child custody battle over his 9-year-old son Sean, whom his ex-wife abducted in 2004 and took to her native Brazil. The case, which has reached Brazil's highest court and gained the attention of the U.S. State Department, highlights issues of international abductions and child custody.
The case began in 2004, when Goldman's then-wife, Bruna Bianchi Carneiro Ribeiro, abducted Sean and took him to Brazil, claiming they were taking a brief vacation.
Ribeiro then divorced Goldman and married a Brazilian lawyer. She died in September. Sean now lives with his step-father in Rio. The stepfather's family reportedly claims that Goldman has not demonstrated adequate interest in the child. The prosecution cites international treaties against child abduction.
On Wednesday, Brazil's Supreme Federal Court ruled that it cannot determine who should have custody of Sean. Last week, the Court suspended a lower court ruling that would have granted custody to the U.S. consulate, which would then have handed Sean over to Goldman.
The custody battle is expected to continue until resolution.
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06/20/2009 - National Legal News
NFL star Donte` Stallworth, who is charged with DUI manslaughter, is expected to enter a plea deal, in which he will plead guilty to the lesser charge of DUI. The court’s acceptance of the plea deal would reduce his jail time and resolve the case. View Full Article
NFL star Donte` Stallworth, wide receiver for the Cleveland Browns, is expected to enter a plea deal in the DUI manslaughter case against him. By pleading guilty of DUI, Stallworth would reduce his jail sentence and resolve the case.
Stallworth, 28, is charged in the March death of a pedestrian, Mario Reyes, 59. Stallworth was driving with a blood alcohol level of .126 - well above the legal limit - when he hit and killed Reyes, who was returning home from work.
On June 4, authorities charged Stallworth with DUI manslaughter, a charge that typically carries a four- to 15-year sentence. Stallworth pleaded not guilty. He was subsequently freed on $200,000 bond and allowed to commute between Cleveland and Miami.
Reyes' family reportedly pushed for a quick plea deal to resolve the case and minimize further trauma to the victim's 15-year-old daughter. Stallworth's clean driving record, cooperation with authorities, and demonstration of remorse were other factors in determining a plea deal.
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06/19/2009 - National Legal News
A pedestrian who was injured when a garbage truck struck him and dragged him for a short distance has been awarded $3.7 million. According to the victim’s attorney, his injuries will likely confine him to a wheelchair for the rest of his life. View Full Article
A man has been awarded $3.7 million for injuries he suffered when a garbage truck struck him and dragged him for a short distance. The victim, Mr. Gerald Hatton, 59, sustained vascular crush injuries in his left leg and significant fractures in his right leg. According to Mr. Hatton's attorney, Mr. Bill Newkirk, the victim will likely be confined to a wheelchair for the rest of his life.
The accident took place on February 19th, 2008, when Mr. Hatton was crossing Main Street in downtown Los Angeles. A NASA Services, Inc. garbage truck made a right turn onto Main Street and struck Mr. Hatton as he was in the crosswalk. Mr. Hatton was caught under the front of the truck and was dragged for approximately 20 to 25 yards.
Mr. Newkirk speculates that the driver of the garbage truck never saw Mr. Hatton because he was looking to the left while making the right turn. Mr. Newkirk also said that the garbage truck driver might not have stopped had he not been pulled over by a Los Angeles Police Department squad that happened to be behind the truck and witnessed the accident taking place.
The case was filed in Los Angeles Superior Court in July 2008.
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06/18/2009 - National Legal News
A Brooklyn Supreme Court jury has awarded $13 million to a NYC Transit authority employee for injuries he suffered after falling 30 feet from elevated subway tracks. As a result of the accident, the employee sustained brain damage and massive injuries to his face, arms, and pelvis. View Full Article
A New York Transit worker has been awarded $13 million for injuries he sustained after falling 30 feet in an August 2006 accident. George Nunez, 51, of Brooklyn, was standing on a walkway above Rodney Street and Broadway when the accident took place. He and other crew members had been assigned to replace old wooden slats on elevated subway tracks in the Bushkirk neighborhood in Brooklyn.
The plank that Mr. Nunez was standing on gave way because the metal bolts that supported the walkway had been cut. According to records, NYC Transit lawyers tried to blame Mr. Nunez for the accident by claiming that he did not have his safety harness attached to the central line. However, Mr. Nunez's supervisors testified that no one had told their crew that the bolts had been cut and so they had not instructed Mr. Nunez to secure his safety harness.
After the fall, Mr. Nunez was in a coma for two months. He sustained massive injuries to his face, arms, hands, and pelvis as a result of the accident. According to his attorney, Mr. Lawrence Blondi, Mr. Nunez is practically unable to move his wrists or fingers. He also suffers from lingering brain damage.
A Brooklyn Supreme Court jury ruled in Mr. Nunez's favor after a three-week trial. A spokesman for the NYC Transit Authority says that the agency will appeal the verdict.
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06/13/2009 - National Legal News
Liz Watson, wife of former San Francisco Giant Barry Bonds, filed for legal separation in Los Angeles. Bonds’ legal and relational problems reportedly strained the marriage. Watson cited “irreconcilable differences” and sought spousal support and custody of the couple’s daughter. View Full Article
Liz Watson, wife of former San Francisco Giant Barry Bonds, filed for legal separation in Los Angeles County Superior Court, citing "irreconcilable differences".
Watson also sought spousal support and joint legal and physical custody of the couple's 10-year-old daughter.
Watson, 39, and Bonds, 44, married in 1998. The marriage was reportedly strained by Bonds' relationship with former girlfriend Kim Bell, which he continued after the wedding. The marriage was also strained by his retirement from baseball, which appeared to have been forced: no team signed him after his contract with the Giants expired in 2007.
The divorce is just one of Bonds' legal concerns in recent years. He was indicted in 2007 for denying knowingly taking performance-enhancing drugs. Bonds also went through a highly publicized divorce from his first wife, Susann Branco, in 1994, during which time he began a relationship with Bell.
Bonds' divorce proceedings are expected to continue.
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06/12/2009 - National Legal News
The man charged with murder in the April deaths of a Major League pitcher and two other victims pled not guilty Monday. His attorney is taking measures to ensure a fair trial. The man is charged with three counts of second-degree murder relating to an alleged DUI accident. View Full Article
Andrew Gallo, the 22-year-old man charged with murder in the DUI-related deaths of three victims (including Los Angeles Angels pitcher Nick Adenhart) plead not guilty Monday. His plea underscores his right to a fair trial, including the right to contest evidence against him.
The accident occurred in April in Fullerton, California (Orange County). Gallo ran a red light and struck a vehicle, killing Adenhart and two other victims and critically injuring a fourth. Authorities claim Gallo was driving drunk.
Gallo faces three counts of second-degree murder.
Gallo's attorney, Randall Longwith, will have to contest the evidence against Gallo: Gallo's blood alcohol level at the time of the accident; prosecutors' claim that he fled the crime scene; and his previous DUI-related charges. Longwith plans to improve Gallo's chances of obtaining a fair trial by seeking a change of venue for the court proceedings. (The trial is currently set to take place in Orange County.)
Authorities are detaining Gallo in lieu of $2 million bail. If convicted, Gallo could face life in prison. His trial is scheduled for late July.
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06/11/2009 - National Legal News
The family of a Cleveland man who suffered fatal injuries when he was struck by a Regional Transit Authority bus last year while crossing a crosswalk has received $1.775 million in damages. The Regional Transit Authority agreed to pay the settlement in the wrongful death lawsuit last month. View Full Article
Last month the Greater Cleveland Regional Transit Authority board agreed to settle a wrongful death lawsuit for $1.775 million with the family of Miguel Muniz, 66, of Cleveland. Mr. Muniz died last year from injuries he suffered when a Regional Transit Authority (RTA) bus struck him on the morning of September 30th.
The accident occurred at the intersection of West Prospect Avenue and Superior Avenue. An RTA bus driven by Anedra Smith, 42, of Cleveland, was taking a left turn onto Superior Avenue when it hit Mr. Muniz as he was in the crosswalk. According to Michael Saltzer, the attorney for the Muniz family, the victim had the right of way before the accident. The bus driver was charged with aggravated vehicular homicide.
Mr. Muniz's death resulted in a training program called "Left Turn Blitz" in which all 1200 RTA drivers received instruction to wait for two seconds before making a left turn to give them time to look for pedestrians and to help prevent the likelihood of similar accidents from occurring.
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06/10/2009 - National Legal News
The family of a man who was killed in a bus accident in Wisconsin has reached a settlement with Whole Foods. The victim, a marching band assistant, was killed when the bus carrying the marching band struck an over-turned Whole Foods truck in October of 2005. View Full Article
Whole Foods has reached a settlement with the family of a man who was killed in a 2005 bus accident in Wisconsin. Branden Atherton, a marching band assistant with the Chippewa Falls High School Band, was killed when the bus carrying the band crashed into an overturned Whole Foods truck driven by Michael Kozlowski.
Attorneys for the Atherton family argued that Kozlowski had been out drinking for most of the night before the accident. They claimed that he lost control of his semi truck and it tipped over because he was extremely fatigued.
Mr. Kozlowski's attorney attributed much of the blame to bus driver, claiming that he should have been able to see the overturned semi and avoid crashing into it.
Although Kozlowski was acquitted, Whole Foods still agreed to pay money to the Atherton family to settle the civil lawsuit that had been filed over his death. Fifteen other civil lawsuits were filed by victims and their families after the accident, but none have reached a jury trial. Four other people were killed in the accident, including the bus driver, the band director, and his wife and granddaughter.
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06/06/2009 - National Legal News
A jury sentenced music producer Phil Spector to 19 years to life in prison for the 2003 murder of actress Lana Clarkson. In addition to jail time, the sentence also included punitive damages, which Spector paid to Clarkson’s mother. View Full Article
On Friday a jury sentenced music producer Phil Spector to 19 years to life in prison for the 2003 murder of actress Lana Clarkson. The sentence also mandated that Spector pay $17,000 to Clarkson's mother, to cover the victim's funeral expenses. The judge denied the defense's motion for a new trial.
The sentence concludes several years of litigation; the Spector trials began in 2007. His first trial ended in mistrial in 2007. His second trial ended last month when, after deliberating for 30 hours, jurors pronounced him guilty of second-degree murder.
In February 2003, authorities found Clarkson dead at Spector's Alhambra, California residence with a gunshot wound through the roof of her mouth. The pair had returned to Spector's residence after meeting in a bar. In Spector's first trial, the defense argued her death could have been a suicide.
Spector's attorney reportedly plans on filing an appeal. Spector's wife remains supportive of her husband.
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06/05/2009 - National Legal News
A California jury has awarded $18. 3 million to an Oakland man who became a quadriplegic as a result of a 2005 Ford passenger van rollover accident. The jury found that Ford Motor Corp. was 100 percent liable for the victim’s injuries. View Full Article
In a verdict rendered earlier this week, a musician from Oakland, California was awarded $18.3 million in a personal injury lawsuit against the Ford Motor Corp. A federal jury found that Ford was 100 percent responsible for injuries that Dax Pierson, 38, sustained in a 2005 rollover accident.
According to the Contra Costa Times, Pierson was riding in a Ford passenger van in Iowa with members of his band when icy conditions caused the driver to lose control of the van and veer off the road. The van rolled over in a ditch and Pierson's seat came loose, causing him to hit his head on the roof of the van. He suffered severe spinal injuries that resulted in the loss of his legs and most of his arms.
Pierson was the only one of the seven passengers in the van who was injured. He is now a quadriplegic and requires continuous care as a result of the rollover accident. The U.S. District Court for the Northern District of California awarded him $12.3 million for medical expenses and lost earnings and $6 million for pain and suffering.
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06/04/2009 - National Legal News
Mr. Sukhsagar Pannu, of Simi Valley, California, has been awarded $21.1 million for injuries he suffered in a Land Rover rollover accident that left him paralyzed. The Los Angeles County Superior Court found that Tata Motors, the owner of the Land Rover brand, was liable for Mr. Pannu’s injuries. View Full Article
In a product liability lawsuit, a man from Simi Valley, California has been awarded $21.1 million for severe spinal cord injuries that he suffered in a 2003 Land Rover rollover accident. Mr. Sukhsagar Pannu, 53, was paralyzed as a result of the accident and now requires around-the-clock care.
In a decision rendered on May 18th, the Los Angeles County Superior Court found that Tata Motors, the Indian auto company that owns the Land Rover brand, was liable for Mr. Pannu's injuries and responsible for paying the multi-million dollar settlement. Tata Motors bought the Land Rover brand from Ford Motor Corp. in March of 2008.
According to a report in the Los Angeles Times, the design and construction of the Land Rover were cited by Judge Robert H. O'Brien as major contributing factors in the victim's injuries. Lawyers for Tata Motors have announced that they plan to appeal the court's decision.
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06/02/2009 - National Legal News
Billionaire Mark Cuban sued the Securities and Exchange Commission this week, demanding that the agency release information related to allegations that Cuban engaged in illegal insider trading in 2004. The SEC allegedly improperly withheld the information under an exemption in the Freedom of Information Act. View Full Article
This week, Mark Cuban, the billionaire owner of the Dallas Mavericks of the NBA, filed a lawsuit against the Securities and Exchange Commission alleging that the agency has wrongfully withheld information in its insider-trading case against him. Earlier in the week, Cuban's lawyers also filed a request to have the SEC's case dismissed, claiming that the agency has failed to prove its claims against Cuban. The SEC has been pursuing the case against Cuban since November of 2008.
The controversy stems from an incident in 2004. According to lawyers for the SEC, Cuban had a conversation with the CEO of Mamma.com, a company in which he was substantially invested. The CEO told Cuban that the company planned to sell new stock below the current trading price, a practice that is often financially damaging to existing investors. Cuban allegedly became upset and eventually sold his interest in the company before the planned stock sale, thereby avoiding over $750,000 in losses. The onetime tech executive has maintained his innocence, stating that the SEC's allegations against him will be proven false.
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05/29/2009 - National Legal News
Police arrested the woman they believe suffocated and killed her 3-year-old son on an Albuquerque, New Mexico playground last week. The woman faces charges of first-degree murder, abuse of a child under 12 that caused death, and other charges. View Full Article
On Thursday Police arrested Tiffany Toribio, the 23-year-old mother charged with murdering her 3-year-old son Ty on an Albuquerque, New Mexico playground.Toribio faces charges of first-degree murder, abuse of a child under 12 that caused death, and other charges.
Toribio allegedly suffocated Ty, then, when she had second thoughts about killing the child, she resuscitated him with CPR. Finally, she completed the suffocation. She then buried Ty's body in a shallow grave in the playground.
When his body was discovered last Friday, authorities released composite images of the child in hopes of gaining leads in the case. Toribio's neighbors reported that Ty matched the description, and authorities arrested Toribio. She confessed to the murder soon after her arrest.
Toribio claimed she was motivated by a desire to protect Ty from feeling unwanted, a feeling she had experienced as a child. According to the Albuquerque police chief, Toribio's family claimed she did not express the typical love of a mother toward her child.
Toribio is detained until her trial, and is on suicide watch.
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