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Dog subpoenaed Bentonville, Ark. (AP)-Prosecutors hoping for a witness in a murder case to roll over were barking up the wrong tree. They sent out a batch of subpoenas for anyone who had contact with Albert K. Smith while he was jailed awaiting his murder trial. One subpoena went out to Murphy Smith-Smith’s dog, it turned out. The defendant had written his dog a letter from his cell, and that is how the shih tzu’s name got on the witness list. Prosecutors realized the mistake after the defendant’s brother brought in Murphy to answer the subpoena and a deputy would not let them into the courthouse. Prosecutor Robin Green said she apologized to the brother: “The dog was friendly enough and probably would have been a very cooperative witness.” Albert Smith is accused of shooting to death his ex-wife’s boyfriend. Ex-judge jailed for cough medicine San Jose, Calif. (AP)-A former Santa Clara County judge was jailed for drinking over-the-counter cough medicine while serving his house-arrest sentence. William Danser, who was convicted for fixing traffic tickets last year, was required to stay away from alcohol as a condition of his 90-day electronic monitoring. But on March 4, seven days before the end of his sentence, Danser took NyQuil, which contains so much alcohol that it was specifically prohibited unless he notified authorities, his attorney said. On the day Danser took the medicine, a probation officer made a surprise 9:30 p.m. visit to his Saratoga home. Danser’s wife told the officer her husband had a cold and was in bed. She was told to wake him up to provide a urine sample. After test results showed traces of alcohol, Danser was ordered to spend the rest of his sentence in jail. His sentence expired on March 11. A probation department spokeswoman, Delores Nnam, said Danser was clearly in violation of the rules, and the only prescribed sanction was a return to jail. Danser’s attorney, Kenneth Robinson, said the former judge simply forgot to tell his probation officer that he had a bad cough and needed to take NyQuil. Danser was found guilty in April of one felony and eight misdemeanor counts arising from a scheme to fix traffic tickets for friends and acquaintances. When he was sentenced, Judge William Kelsay ordered house arrest instead of jail because of Danser’s poor health. Danser later agreed to step down from the bench. Robinson said Danser passed every previous visit from his probation officer, none of his previous urine tests contained alcohol and liquor was never found in his house. “The moral of this story is, if he gets sick, he goes to jail,” he said. Three wives, and you’re off bench St. George, Utah (AP)-The Utah Judicial Conduct Commission has recommended that a judge be removed from the bench because he is a polygamist. Judge Walter Steed, who serves in the polygamous border town of Hildale, Utah, is legally married to one woman but considers himself spiritually married to two others, and he has 32 children. Steed is a member of the reclusive Fundamentalist Church of Jesus Christ of Latter-day Saints, which dominates Hildale and Colorado City, Ariz. Unlike the small fundamentalist Mormon group, the main Church of Jesus Christ of Latter-day Saints abandoned founder Joseph Smith’s polygamy teaching in 1890. The Utah Supreme Court now gets the case. Utah’s attorney general and the Washington County attorney previously declined to file criminal charges against Steed. One issue is Steed’s contention that the law allowing prosecutors to pursue people who consider themselves plurally married but aren’t legally married is unconstitutional.

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