- The Washington Times - Friday, October 6, 2006

Libby defense takes shape

Vice President Dick Cheney’s former chief of staff intends to load up his criminal trial with information about national security matters, the names of foreign leaders and details about various terrorist groups, court filings in the Valerie Plame CIA leak case say.

The papers filed this week hint at what has been taking place behind closed doors as special prosecutor Patrick J. Fitzgerald tries to limit the amount of classified data that I. Lewis “Scooter” Libby Jr. is permitted to use at his trial in January.

In court documents, prosecutors argued that it would be “unnecessarily wasteful of time” to allow Mr. Libby to present “names of foreign leaders or government officials of other countries, or the names and histories of various terrorist groups.”

Mr. Libby plans to use what his lawyers call “a memory defense,” and he must be allowed to demonstrate how busy he was, his attorneys said.

Amish girl asked to be shot first

PHILADELPHIA — One of the girls who died in Pennsylvania’s Amish schoolhouse slayings asked the killer to shoot her first in an apparent bid to save younger girls, a woman who spoke to the victim’s family said yesterday.

Rita Rhoads, a nurse-midwife who delivered 13-year-old Marian Fisher as well as another victim, said Marian appealed to Charles Carl Roberts IV to shoot her first because she thought it might allow younger girls to survive.

Miss Rhoads said she did not know whether Marian in fact was shot first. Roberts shot 10 girls, killing five of them and then himself in Monday’s rampage.

DNA test clears man after 21 years in jail

NEW YORK — A man who spent 21 years behind bars for the rape of a police officer’s wife was freed yesterday after DNA testing cleared him.

Scott Fappiano, 44, was released at a Brooklyn court hearing just one day after test results showed his DNA did not match that at the crime scene.

A judge ordered his release after the district attorney’s office agreed to an attorney’s request for the Innocence Project, which uses DNA to exonerate convicts.

Mr. Fappiano’s mother, Rose, was ecstatic. “My son was kidnapped from me 21 years ago,” she said. “I want to welcome him home.”

The case dated to 1983, when an intruder broke into the Brooklyn home of a police officer as he and his wife were sleeping. The assailant restrained the husband and raped the wife.

Teen gets six years in school shooting plot

CAMDEN, N.J. — A 15-year-old boy prosecutors described as the mastermind of a failed plot to shoot up a suburban school was sentenced yesterday to six years in prison.

Judge David G. Eynon scolded Edwin DeLeon over the threats made last April.

“There are a lot of people who are very lucky you didn’t get your hands on weapons,” Judge Eynon said, noting recent deadly school shootings, including one in nearby Lancaster County, Pa.

DeLeon and three other teens pleaded guilty in the scheme to shoot students and teachers. Authorities said they planned to open fire at Winslow Township High School in Camden County, where DeLeon and two others were students.

DeLeon apologized in court, telling the judge, “I regret ever thinking of this idea. I didn’t mean for it to get out of hand like it did.”

From wire dispatches and staff reports

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