The Bothwell
Letter
NEWS FROM THE LAW OFFICES OF ANTHONY P. X. BOTHWELL
350 BAY STREET, SUITE 100 PMB314, SAN FRANCISCO, CA 94133 TEL. (415)
370-5971
September 7, 2004 Vol. VI / No. 4 - attorney@apxbothwell.com
- www.apxbothwell.com
In this issue…
[1] NATIVE AMERICAN INDIAN GALA PLANNED
[2] BIRMINGHAM CHURCH BOMB CASE RECALLED
[3] NUCLEAR LAB MISMANAGEMENT EVIDENCE MOUNTS
[4] BATTLE LINES DRAWN IN CITY PUBLIC HEALTH DEPT. CASE
[5] HEARING REQUESTED IN PILOTS' CASE AGAINST F.A.A.
[6] FRESNO LAW FIRM TRIES TO AVOID CIVIL RIGHTS SUIT
[1] NATIVE AMERICAN INDIAN GALA PLANNED
A Native Nations procession on the National Mall, including tribes
from Alaska to Chile, will mark the gala grand opening of the Smithsonian's
National Museum of the American Indian 9/21 in Washington. For info,
visit www.nmai.si.edu. To plan a meetup in D.C., call the National
Lawyers Guild's Native American Indian Affairs Committee chair, Tony
Bothwell, (415) 370-9571. He's been designated to make a presentation
on indigenous peoples' treaties at the International Bar Association
annual meeting 10/26 in Auckland, New Zealand. His San Francisco law
firm helped stop National Park Service bulldozers on sacred Pine Ridge
Reservation burial grounds in South Dakota, and won U.S. asylum for
Mayan Indian survivors of Guatemala's genocide.
[2] BIRMINGHAM CHURCH BOMB CASE RECALLED
Wednesday 9/15 will be the 41st anniversary of the Birmingham church
bombing that killed three little girls, Denise McNair, Addie Mae Collins
and Carol Robertson. The bombing was part of a 10-year wave of KKK
terrorist attacks in response to the U.S. Supreme Court's 1954 school
desegregation decision, Brown v. Board of Education. Bill Baxley was
the Alabama attorney general who won a murder conviction in the church
bombing case against Robert "Dynamite Bob" Chambliss in
1977. As fate would have it, Baxley made his closing argument to the
jury on what would have been Denise McNair's birthday. Doug Jones
was the federal prosecutor who won convictions of Thomas Edwin Blanton,
Jr. in 2001 and Bobby Frank Cherry in 2002 in the same case. Jones
happened to make his opening statement to the jury on what would have
been Carol Robertson's birthday. "The planets lined up,"
Jones said last month, reflecting on the little girls' birthdays.
In Atlanta at the 2004 meeting of the American Bar Association, Baxley
and Jones told their story to a roomful of lawyers brought together
on 8/7 by the ABA Council on Racial and Ethnic Justice.
[3] NUCLEAR LAB MISMANAGEMENT EVIDENCE MOUNTS
Atty. Tony Bothwell and associates have started a review of claims
by a group of minority employees of the Lawrence Livermore National
Laboratory concerning a history of illegal discrimination by the management
of the nuclear weapons facility. Bothwell also represents an employee
of the lab who complained in August to the University of California
that he was harassed after he blew the whistle on mismanagement in
the lab's plutonium building. The Bothwell firm has been involved
in Livermore whistleblower retaliation cases that have won settlements
for a lab resource manager, a plutonium engineer, and counterterror
SWAT team members. UC is in danger of losing its contracts to manage
the Livermore lab and a sister nuclear lab in Los Alamos, N.M.
[4] BATTLE LINES DRAWN IN CITY PUBLIC HEALTH
DEPT. CASE
A former medical director in the San Francisco Department of Public
Health was fired after he blew the whistle on alleged improper practices
involving medicinal prescriptions. San Francisco attorneys Michael
Sorgen and Tony Bothwell filed a superior court suit against the City
on behalf of the whistleblower. In preliminary moves, the City Attorney
on 9/1 executed a generic answer that claimed, among other things,
"the court is without jurisdiction" and "the City promptly
took all reasonable and necessary steps to remedy any alleged wrongful
or improper conduct."
[5] HEARING REQUESTED IN PILOTS' CASE AGAINST
F.A.A.
A dozen commercial airline pilots seeking exemption from the FAA's
age 60 retirement rule will have their case decided without oral argument,
lawyers were told 8/31 by the U.S. Court of Appeals for the District
of Columbia Circuit. Atty. Tony Bothwell, insisting that FAA should
be made to explain its falsification of age-safety data, filed a motion
on behalf of the pilots asking the court to grant a hearing 9/13.
A three-judge panel has studied legal arguments written by Bothwell
and U.S. Justice Dept. attorneys. "In my opinion, the petition
and briefs [for the pilots] are incredibly strong," a noted expert
close to the case said. "And the judiciary's trend – if
one can be discerned – is toward challenging governmental action,
thus in the petition's favor."
[6] FRESNO LAW FIRM TRIES TO AVOID CIVIL
RIGHTS SUIT
Lawyers defending the Adelson, Testan, Brundo & Popolardo law
firm against a civil rights suit spent several weeks trying to avoid
service of process. The suit by Mexican American ex-employees complains
of discrimination, harassment and assaults in the Adelson firm's Fresno
office. The defendants, represented by the L.A.-based Keith A. Fink
law firm, didn't serve an answer to the complaint and so may be liable
for default judgments. Bothwell associate Atty. Tom Sharpe, of Fresno-based
Bennett & Sharpe, Inc., prepared for the 9/7 case management conference
in Hook v. Adelson et al.
ANTHONY P. X.
(TONY) BOTHWELL, Esq. – Member: The State Bar of California,
Bar of the U.S. District Court for the Northern District of California,
Bar of the U.S. Court of Appeals for the District of Columbia Circuit,
American Bar Assn. (delegate to the International Court of Justice,
The Hague), U.S. Holocaust Museum, Southern Poverty Law Center (Leadership
Council). Degrees: Georgetown Univ. School of Foreign Service, B.S.F.S.;
Boston Univ. School of Public Communication, M.S.; John F. Kennedy
Univ. School of Law, J.D.; Golden Gate Univ. School of Law, LL.M.
summa cum laude. Professor of Law, John F. Kennedy Univ. School of
Law. Listings include: Who’s Who in the Law.
CONTACT:
Anthony P. X. Bothwell, Esq.
Law Offices of Anthony P. X. Bothwell
350 Bay Street – Suite 100 PMB314
San Francisco, CA 94133-1966 USA
Telephone (415) 370-9571
Facsimile (415) 362-5469
attorney@apxbothwell.com
www.apxbothwell.com
