After 30 Years In Prison, Judge Releases Inmate Whose Testimony Was Beaten Out Of Him
By Nicole Flatow
ThinkProgress
December 13, 2013
More than a decade ago, a special prosecutor undertook an investigation that revealed a longtime Chicago Police Department detective and commander had routinely tortured black men to coerce them into confessions or false testimony. Some of the convictions were reversed. A few others were pardoned by then-Governor Ryan. And Jon Graham Burge was convicted on related perjury charges and sent to jail.
But Burge’s misconduct is still taking its toll on many of the 148 people who claimed abuse. Just this week, a man who spent more than 30 years in jail was released after Judge Richard Walsh found that officers had lied about beating Stanley Wrice with a flashlight and a 20-inch piece of rubber, and about imposing similar treatment on a witness in Wrice’s case to elicit false testimony against him.
Wrice was sentenced to 100 years for a sexual assault he says he falsely confessed to after police beatings. Others with similar claims remain behind bars, hoping to seize on precedent from Wrice’s case to expedite their appeals. Lawyers will argue next week that these inmate should be certified as a class so they can argue together that they should be granted new trials.
Burge was fired from the Chicago Police Department in 1993, after an internal investigation found that his abuse was “systematic” over more than a decade. More than 148 individuals — mostly black men — came forward to report that Burge had smothered them, imposed electric shock, and forced them into a hot radiator. Burge’s misconduct led to the state’s death penalty moratorium in 2000. But it took another decade before a special prosecutor embarked on an extensive investigation of Burge’s behavior. It found foul play, but said it would not pursue action against Burge, in part because the statutes of limitations had expired in the cases. Then in 2008, prosecutors developed another way to snag Burge in a civil trial. They charged him with perjury and obstruction of justice for lying about his actions at trial, and in 2011, he was sentenced to four-and-a-half years in prison.
At sentencing, U.S. District Judge Joan Lefkow lamented, “How can one trust that justice will be served when the justice system has been so defiled?” She added, “Perhaps the praise, publicity and commendations you received for solving these awful crimes was seductive and may have led you down this path. On your behalf how I wish that there had not been such a dismal failure of leadership in the (police) department that it came to this.”
While Burge’s case is extreme, this reward system exists in any of a number of police departments and law enforcement agencies, accompanied by rare punishment for wrongdoing. False confessions alone account for about 25 of wrongful convictions exposed by DNA, and many others derive from testimony by witnesses who are coerced through both poor treatment and incentives.
Monday, December 16, 2013
Sunday, December 01, 2013
My Stupid State: Florida Police Arrest, Jail, Harass Innocent Black Man 258 Times
My Stupid State: Florida Police Arrest, Jail, Harass Innocent Black Man 258 Times
by SemDemFollow for DKos Florida
Daily Kos group
Nov 30, 2013
#37 for My Stupid State series....
Earl Sampson has been stopped and questioned by Miami Gardens police 258 times in 4 years, on average more than once a week. He has been arrested 62 times for trespassing: at the store he WORKS AT!
The store's owner, Alex Saleh, had enough of the racial profiling of his employees and customers. He installed 15 surveillance cameras--not to protect from criminals (he has never been robbed) but because of the non-stop harassment of Sampson and others. The video below shows just one instance: Earl Sampson is taking out the garbage, and as soon as he goes back in the store, he is pulled out forcibly by the cop and arrested for trespassing.
(If you can't see the embedded video, the Miami Herald has a series of them here.)
Even though the store owner is there and repeatedly tells the cops he is an employee, they arrest him anyway.
Most of us have never been stopped and searched by police, let alone hundreds of times. Miami Gardens Police Chief Matthew Boyd needs to be fired. There is no way he didn't know about this. The cops need to be fired and sued. I am glad the store owner and his attorneys are filing a civil suit. Being a former cop myself, this type of behavior fills me with rage. They are harassing the very people they need to be protecting.
The store owner is a brave man for standing up for the rights of his customers and employees. According to the Huffington Post, he has been repeatedly threatened and harassed by the Miami Gardens PD since this story broke.
I know there are some in my state who would disagree with me, but the fact of the matter is being a minority is not a crime. Even if you are from Florida.
12:58 PM PT: Local News Report:
6:38 PM PT: The police chief will be stepping down
Originally posted to DKos Florida on Sat Nov 30, 2013 at 12:31 PM PST. Also republished by Police Accountability Group.
by SemDemFollow for DKos Florida
Daily Kos group
Nov 30, 2013
#37 for My Stupid State series....
Earl Sampson has been stopped and questioned by Miami Gardens police 258 times in 4 years, on average more than once a week. He has been arrested 62 times for trespassing: at the store he WORKS AT!
The store's owner, Alex Saleh, had enough of the racial profiling of his employees and customers. He installed 15 surveillance cameras--not to protect from criminals (he has never been robbed) but because of the non-stop harassment of Sampson and others. The video below shows just one instance: Earl Sampson is taking out the garbage, and as soon as he goes back in the store, he is pulled out forcibly by the cop and arrested for trespassing.
(If you can't see the embedded video, the Miami Herald has a series of them here.)
Even though the store owner is there and repeatedly tells the cops he is an employee, they arrest him anyway.
I said, 'I'm the owner, let him go. I work here.' The officer said, 'Yeah right.'
Most of us have never been stopped and searched by police, let alone hundreds of times. Miami Gardens Police Chief Matthew Boyd needs to be fired. There is no way he didn't know about this. The cops need to be fired and sued. I am glad the store owner and his attorneys are filing a civil suit. Being a former cop myself, this type of behavior fills me with rage. They are harassing the very people they need to be protecting.
The store owner is a brave man for standing up for the rights of his customers and employees. According to the Huffington Post, he has been repeatedly threatened and harassed by the Miami Gardens PD since this story broke.
I know there are some in my state who would disagree with me, but the fact of the matter is being a minority is not a crime. Even if you are from Florida.
12:58 PM PT: Local News Report:
6:38 PM PT: The police chief will be stepping down
Originally posted to DKos Florida on Sat Nov 30, 2013 at 12:31 PM PST. Also republished by Police Accountability Group.
Sunday, November 24, 2013
Kendrick Johnson footage released; expert finds it 'highly suspicious'
Education attorneys at Lowndes County Schools insist the video they released of the day student Kendrick Johnson died is "a raw feed with no edits."
"(The surveillance video has) been altered in a number of ways, primarily in image quality and likely in dropped information, information loss," he said. "There are also a number of files that are corrupted because they've not been processed correctly and they're not playable. I can't say why they were done that way, but they were not done correctly, and they were not done thoroughly. So we're missing information." --Grant Fredericks, forensic video analyst
Click link to see school videos:
Kendrick Johnson footage released; expert finds it 'highly suspicious'
From Victor Blackwell
CNN
November 21, 2013
Missing video in teen gym-mat death?
(CNN) -- Kendrick Johnson's family waited months for hundreds of hours of surveillance video, hoping it would answer their questions. It only raised others.
Rather than showing how their 17-year-old son's body ended up in a school gym mat in January, the four cameras inside the Valdosta, Georgia, gymnasium showed only a few collective seconds of Johnson, jogging. The camera fixed on the gym mats was blurry.
Compounding the family's suspicions was the nature of the gym videos. They're jumpy, with students intermittently appearing and vanishing, and they bear no obvious timestamps.
The Johnsons' attorneys were not shy in stating their suspicion that someone could have tampered with the videos.
"They know their child did not climb into a wrestling mat, get stuck and die. Where is that video?" Benjamin Crump asked.
"We don't have any time code with which to synchronize the events that are shown in the video. ... Either the cameras did this on their own or a human being interacted to make these cameras do these things," King said.
Crump further said the family believes someone "corrupted" the video.
Lowndes County Schools insists the video is "a raw feed with no edits," and the Lowndes County Sheriff's Office, which asserts Johnson accidentally died while reaching for a shoe in one of the mats, says it didn't edit any files, according to their lawyers.
CNN, which filed suit to secure access to the video, hired forensic video analyst Grant Fredericks to analyze more than 290 hours of material from all 35 cameras inside and outside of the gym. Fredericks is a U.S. Justice Department consultant and contract instructor for the FBI National Academy in Quantico, Virginia.
CNN also provided Fredericks and his company, the Spokane, Washington-based Forensic Video Solutions, with hundreds more hours of video from 31 cameras in other parts of Lowndes County High School.
Fredericks quickly knocked down the Johnsons' concerns -- they're all easily explained, he said -- but his examination raised what could be another mystery: at least an hour of missing video from all four cameras inside the gym.
"Those files are not original files," Fredericks said. "They're not something investigators should rely on for the truth of the video."
Addressing the Johnsons' suspicions, Fredericks said the erratic motion in the video can be attributed to motion sensors triggering the cameras' recording function, and the blurriness on the camera homing in on the gym mats is the product of an out-of-focus lens. As for the time stamp, it's there; investigators just need to know where to look, he said.
Fredericks was able to find a little more than 18 minutes of video showing Johnson throughout the school on January 10. He's first seen at 7:31 a.m. entering school and last seen at 1:09 p.m., walking into the gym where he was found dead the next day.
What Fredericks wasn't able to find was video showing whether there was anyone in the gym when Johnson was there -- images that could prove vital in determining how the teen died.
"(The surveillance video has) been altered in a number of ways, primarily in image quality and likely in dropped information, information loss," he said. "There are also a number of files that are corrupted because they've not been processed correctly and they're not playable. I can't say why they were done that way, but they were not done correctly, and they were not done thoroughly. So we're missing information."
Two cameras in the gym are missing an hour and five minutes, their hiatus ending at 1:09, when Johnson enters the gym. Another pair of cameras are missing two hours and 10 minutes each. They don't begin recording again until 1:15 and 1:16, according to their time stamps.
What's certain, based on video from a camera outside the gym, is that numerous students walked into the gym during the hour and five minutes that the cameras weren't recording, but it's not clear whether that was sufficient to activate the cameras' motion sensors.
The time stamp on a camera outside the gym also appears to be 10 minutes behind the cameras inside the gym.
"I can't tell you whether there was no information recorded in the digital video system or whether somebody made an error and didn't capture it or whether somebody just didn't provide it," Fredericks said.
CNN has requested access to the original surveillance servers. But Fredericks cautions that the video could be gone, as newer surveillance would replace it if it wasn't recovered promptly from the school's digital video recorder.
The police have said they didn't receive a copy of the videos until several days after Johnson's body was found, according to an unredacted report obtained by CNN after a legal process.
Fredericks told CNN he found it "highly suspicious" that an hour of video could be missing, especially considering how the material was acquired by police.
"The investigator's responsibility is to acquire the entire digital video recording system and have their staff define what they want to obtain," he said.
According to an incident report from the Sheriff's Office, however, a detective watched a portion of the video then asked an information technology officer employed by the school board to produce a "copy of the surveillance video for the entire wing of the school with the old gym for the last 48 hours."
Five days later, the sheriff's report says, the IT officer delivered a hard drive to the detective, who verified it contained what he requested.
"Right now, what they've done, is they've left it up to the school district as to what it is they want to provide to the police, and I think that probably is a mistake," Fredericks said.
"You don't want somebody who might be party to the responsibility to make the decision as to what they provide the police."
He added, "Until I have the digital video system in my hand and I can say, or an investigator can say, 'Everything is intact, and this is what was recorded,' I would still be highly suspicious of this."
The Johnson family will now have to wait to see whether the school's surveillance servers shed more light on their son's death, but the teen's parents say they won't be deterred.
"We are Kendrick Johnson," his mother, Jacquelyn Johnson, said. "That's my child, and we're going to fight until it's all over, until we get the truth. That's all we've ever asked for -- was the truth about what happened to Kendrick Johnson."
"(The surveillance video has) been altered in a number of ways, primarily in image quality and likely in dropped information, information loss," he said. "There are also a number of files that are corrupted because they've not been processed correctly and they're not playable. I can't say why they were done that way, but they were not done correctly, and they were not done thoroughly. So we're missing information." --Grant Fredericks, forensic video analyst
Click link to see school videos:
Kendrick Johnson footage released; expert finds it 'highly suspicious'
From Victor Blackwell
CNN
November 21, 2013
Missing video in teen gym-mat death?
(CNN) -- Kendrick Johnson's family waited months for hundreds of hours of surveillance video, hoping it would answer their questions. It only raised others.
Rather than showing how their 17-year-old son's body ended up in a school gym mat in January, the four cameras inside the Valdosta, Georgia, gymnasium showed only a few collective seconds of Johnson, jogging. The camera fixed on the gym mats was blurry.
Compounding the family's suspicions was the nature of the gym videos. They're jumpy, with students intermittently appearing and vanishing, and they bear no obvious timestamps.
The Johnsons' attorneys were not shy in stating their suspicion that someone could have tampered with the videos.
"They know their child did not climb into a wrestling mat, get stuck and die. Where is that video?" Benjamin Crump asked.
"We don't have any time code with which to synchronize the events that are shown in the video. ... Either the cameras did this on their own or a human being interacted to make these cameras do these things," King said.
Crump further said the family believes someone "corrupted" the video.
Lowndes County Schools insists the video is "a raw feed with no edits," and the Lowndes County Sheriff's Office, which asserts Johnson accidentally died while reaching for a shoe in one of the mats, says it didn't edit any files, according to their lawyers.
CNN, which filed suit to secure access to the video, hired forensic video analyst Grant Fredericks to analyze more than 290 hours of material from all 35 cameras inside and outside of the gym. Fredericks is a U.S. Justice Department consultant and contract instructor for the FBI National Academy in Quantico, Virginia.
CNN also provided Fredericks and his company, the Spokane, Washington-based Forensic Video Solutions, with hundreds more hours of video from 31 cameras in other parts of Lowndes County High School.
Fredericks quickly knocked down the Johnsons' concerns -- they're all easily explained, he said -- but his examination raised what could be another mystery: at least an hour of missing video from all four cameras inside the gym.
"Those files are not original files," Fredericks said. "They're not something investigators should rely on for the truth of the video."
Addressing the Johnsons' suspicions, Fredericks said the erratic motion in the video can be attributed to motion sensors triggering the cameras' recording function, and the blurriness on the camera homing in on the gym mats is the product of an out-of-focus lens. As for the time stamp, it's there; investigators just need to know where to look, he said.
Fredericks was able to find a little more than 18 minutes of video showing Johnson throughout the school on January 10. He's first seen at 7:31 a.m. entering school and last seen at 1:09 p.m., walking into the gym where he was found dead the next day.
What Fredericks wasn't able to find was video showing whether there was anyone in the gym when Johnson was there -- images that could prove vital in determining how the teen died.
"(The surveillance video has) been altered in a number of ways, primarily in image quality and likely in dropped information, information loss," he said. "There are also a number of files that are corrupted because they've not been processed correctly and they're not playable. I can't say why they were done that way, but they were not done correctly, and they were not done thoroughly. So we're missing information."
Two cameras in the gym are missing an hour and five minutes, their hiatus ending at 1:09, when Johnson enters the gym. Another pair of cameras are missing two hours and 10 minutes each. They don't begin recording again until 1:15 and 1:16, according to their time stamps.
What's certain, based on video from a camera outside the gym, is that numerous students walked into the gym during the hour and five minutes that the cameras weren't recording, but it's not clear whether that was sufficient to activate the cameras' motion sensors.
The time stamp on a camera outside the gym also appears to be 10 minutes behind the cameras inside the gym.
"I can't tell you whether there was no information recorded in the digital video system or whether somebody made an error and didn't capture it or whether somebody just didn't provide it," Fredericks said.
CNN has requested access to the original surveillance servers. But Fredericks cautions that the video could be gone, as newer surveillance would replace it if it wasn't recovered promptly from the school's digital video recorder.
The police have said they didn't receive a copy of the videos until several days after Johnson's body was found, according to an unredacted report obtained by CNN after a legal process.
Fredericks told CNN he found it "highly suspicious" that an hour of video could be missing, especially considering how the material was acquired by police.
"The investigator's responsibility is to acquire the entire digital video recording system and have their staff define what they want to obtain," he said.
According to an incident report from the Sheriff's Office, however, a detective watched a portion of the video then asked an information technology officer employed by the school board to produce a "copy of the surveillance video for the entire wing of the school with the old gym for the last 48 hours."
Five days later, the sheriff's report says, the IT officer delivered a hard drive to the detective, who verified it contained what he requested.
"Right now, what they've done, is they've left it up to the school district as to what it is they want to provide to the police, and I think that probably is a mistake," Fredericks said.
"You don't want somebody who might be party to the responsibility to make the decision as to what they provide the police."
We're going to fight until it's all over, until we get the truth. --Jacquelyn Johnson, Kendrick Johnson's mother
He added, "Until I have the digital video system in my hand and I can say, or an investigator can say, 'Everything is intact, and this is what was recorded,' I would still be highly suspicious of this."
The Johnson family will now have to wait to see whether the school's surveillance servers shed more light on their son's death, but the teen's parents say they won't be deterred.
"We are Kendrick Johnson," his mother, Jacquelyn Johnson, said. "That's my child, and we're going to fight until it's all over, until we get the truth. That's all we've ever asked for -- was the truth about what happened to Kendrick Johnson."
Sunday, September 15, 2013
Man seeking help after North Carolina car crash shot by police
Is there sadness or remorse in police officer Randall Kerrick's expression after killing an unarmed man who was seeking help? This case is reminiscent of the Trayvon Martin case: a young, unarmed black man in a white neighborhood arouses deadly suspicion.
College student Jonathan Ferrell before his car accident and being shot dead by Randall Kerrick.
N.C. police shoot unarmed man who survived car accident
Reuters
September 15, 2013
(Reuters) - Police in Charlotte, North Carolina, shot dead an unarmed man who was running toward police officers and may have been just trying to get help after crashing his car, authorities said.
A police officer has been charged with voluntary manslaughter for Saturday's shooting, and an attorney for the victim's family said on Sunday he believed race played a role in the death of Jonathan Ferrell, 24, who was black.
"If Mr. Farrell was not black or brown, wouldn't they have asked him a few questions before showering him with bullets?" said attorney Chris Chestnut, who said he would request all police evidence from the shooting.
Farrell, seeking help after the accident, knocked on a door in a predominantly white neighborhood, Chestnut said.
A woman called the 911 emergency operator after Ferrell began knocking insistently on her front door about 2:30 a.m. on Saturday, the Charlotte-Mecklenburg Police Department said.
The woman, who immediately closed the door on Ferrell after seeing it was not her husband, was likely unaware he had just crawled out of his wrecked car in nearby woods, police said.
Three police officers arrived, finding Ferrell a short distance from the woman's house. As soon as the officers got out of their vehicles, Ferrell started running toward them, police said.
One officer unsuccessfully fired a Taser at Ferrell, and he kept running. Randall Kerrick, another officer, then shot Ferrell several times with his service weapon, killing him, police said.
Police found Ferrell's wrecked car later in the morning.
The police department has placed all three officers on administrative leave while they investigate the shooting. Detectives charged Kerrick with voluntary manslaughter on Saturday.
"Our investigation has shown that Officer Kerrick did not have a lawful right to discharge his weapon during this encounter," the police department said in a statement.
Ferrell was a former football player for Florida A&M University in Tallahassee who had recently moved to Charlotte with his fiancee to continue his studies at Johnson C. Smith University, Chestnut said.
Ferrell was on the Florida A&M roster in the 2009 and 2010 seasons, playing safety, the university said in a statement.
Chestnut, based in Atlanta, represents the family of Florida A&M drum major Robert Champion, who was killed in a hazing incident in 2011. Twelve former band members have been charged with manslaughter, and the family is suing the university for wrongful death.
(Reporting by Jonathan Allen and Daniel Trotta; Editing by Jackie Frank)
(Reporting By Jonathan Allen; Editing by Maureen Bavdek)
Wednesday, July 17, 2013
Prisons for profits, punishment: What about preventing harm?
Yesterday, thousands of people in California prisons entered a second week of hunger strikes, their nonviolent protest against dehumanizing practices used throughout the state’s prison system.
Their commitment to reform begs us to ask: What would a system of justice look like that truly restores and protects everyone in a community—healing all who have suffered, restoring right relationship between the wrongdoer and the wronged, creating conditions to prevent further harm?
Whether it’s among prisoners in California or Michigan or in a Peace Village in Burundi, we see every day that the path to peace begins with justice grounded not in retribution or revenge, but in healing and reconciliation. We have learned that even the most painful wounds can begin to heal when people have a safe space to tell their truths, to share their pain, and to listen deeply in a joint search for reconciliation.
Peter Martel’s personal experiences have taught him that “love, support, and knowledge are more effective in creating a better world than punitive, retributive actions will ever be.”
Peter spent a decade in solitary confinement for armed robbery charges before becoming program associate with the American Friends Service Committee (AFSC) in Michigan. Now he works to reduce recidivism by helping people behind prison walls, offering some of the same services that—along with his family’s love and support—helped him find the power to transform his life.
Peter tells his story in the recent issue of Quaker Action devoted to accounts of AFSC’s restorative justice work around the world. You can also read about the healing process of truth-telling that’s bringing together perpetrators and victims in Maine and Burundi, and reflections from one of the mediators selected by California prisoners currently on hunger strike on why now is the time to change our prison system. Find these stories and more at afsc.org/quakeraction.
AFSC and our partners are modeling a new paradigm built on transformation and wholeness rather than on punishment and retribution—but we’re also working to change systems that rely on the inevitability of violence.
The disturbing trend of privatizing incarceration puts the pursuit of profits ahead of the needs of taxpayers, prisoners, and prison employees. Tomorrow, I hope you can join AFSC for a special online discussion featuring three of our prison experts who are working on the ground to advocate against privatization...
In Peace,
Shan Cretin, General Secretary
American Friends Service Committee
1501 Cherry Street
Philadelphia, PA 19102
Their commitment to reform begs us to ask: What would a system of justice look like that truly restores and protects everyone in a community—healing all who have suffered, restoring right relationship between the wrongdoer and the wronged, creating conditions to prevent further harm?
Whether it’s among prisoners in California or Michigan or in a Peace Village in Burundi, we see every day that the path to peace begins with justice grounded not in retribution or revenge, but in healing and reconciliation. We have learned that even the most painful wounds can begin to heal when people have a safe space to tell their truths, to share their pain, and to listen deeply in a joint search for reconciliation.
Peter Martel’s personal experiences have taught him that “love, support, and knowledge are more effective in creating a better world than punitive, retributive actions will ever be.”
Peter spent a decade in solitary confinement for armed robbery charges before becoming program associate with the American Friends Service Committee (AFSC) in Michigan. Now he works to reduce recidivism by helping people behind prison walls, offering some of the same services that—along with his family’s love and support—helped him find the power to transform his life.
Peter tells his story in the recent issue of Quaker Action devoted to accounts of AFSC’s restorative justice work around the world. You can also read about the healing process of truth-telling that’s bringing together perpetrators and victims in Maine and Burundi, and reflections from one of the mediators selected by California prisoners currently on hunger strike on why now is the time to change our prison system. Find these stories and more at afsc.org/quakeraction.
AFSC and our partners are modeling a new paradigm built on transformation and wholeness rather than on punishment and retribution—but we’re also working to change systems that rely on the inevitability of violence.
The disturbing trend of privatizing incarceration puts the pursuit of profits ahead of the needs of taxpayers, prisoners, and prison employees. Tomorrow, I hope you can join AFSC for a special online discussion featuring three of our prison experts who are working on the ground to advocate against privatization...
In Peace,
Shan Cretin, General Secretary
American Friends Service Committee
1501 Cherry Street
Philadelphia, PA 19102
Monday, May 27, 2013
Not-so-nice IRS agent
Did This Guy Prepare YOUR Taxes?
Don Bauder
San Diego Reader
August 10, 2012
Steven Martinez of Ramona, a tax preparer and former agent with the Internal Revenue Service, pleaded guilty today (Aug. 10) in federal court to charges of murder-for-hire, witness tampering that involved attempted murder, mail fraud, filing false tax returns, Social Security fraud, identity theft and money laundering. According to the U.S. Attorney's office, in February Martinez solicited an individual to bump off four former clients, victims of his fraud, who were slated to testify against him in a criminal tax case. The individual went to the Federal Bureau of Investigation and reported the murder-for-hire solicitation. Then a meeting between Martinez and the individual was recorded and videotaped. Martinez offered $100,000 if the individual knocked off women of Rancho Santa Fe and La Jolla.
According to the U.S. Attorney's office, Martinez even suggested how the murders should be pulled off -- with two different pistols with silencers. Martinez admitted that he filed false tax returns and defrauded his clients by stealing more than $11 million in tax payments. A sentencing hearing will be before U.S. District Judge William Q. Hayes Nov. 30.
Don Bauder
San Diego Reader
August 10, 2012
Steven Martinez of Ramona, a tax preparer and former agent with the Internal Revenue Service, pleaded guilty today (Aug. 10) in federal court to charges of murder-for-hire, witness tampering that involved attempted murder, mail fraud, filing false tax returns, Social Security fraud, identity theft and money laundering. According to the U.S. Attorney's office, in February Martinez solicited an individual to bump off four former clients, victims of his fraud, who were slated to testify against him in a criminal tax case. The individual went to the Federal Bureau of Investigation and reported the murder-for-hire solicitation. Then a meeting between Martinez and the individual was recorded and videotaped. Martinez offered $100,000 if the individual knocked off women of Rancho Santa Fe and La Jolla.
According to the U.S. Attorney's office, Martinez even suggested how the murders should be pulled off -- with two different pistols with silencers. Martinez admitted that he filed false tax returns and defrauded his clients by stealing more than $11 million in tax payments. A sentencing hearing will be before U.S. District Judge William Q. Hayes Nov. 30.
Friday, May 17, 2013
Ex-Mississippi police chief faces new indictment
Ex-Mississippi police chief faces new indictment
By HOLBROOK MOHR
Associated Press
May 17, 2013
JACKSON, Miss. (AP) — A former Mississippi police chief already charged with demanding money or property in exchange for dropping criminal charges against people has been indicted on nine new counts.
Former Mendenhall Police Chief Donald "Bruce" Barlow was charged Feb. 5 with eight counts including conspiracy, extortion, soliciting bribes and witness tampering. He pleaded not guilty March 8.
A new indictment on Tuesday added nine additional counts.
The indictment says Barlow instructed "his officers to seize cash at every arrest, including money from people arrested for misdemeanors."
When some of those people were arrested, authorities say Barlow offered to let them go or reduce charges if they forfeited their property and money.
The new indictment says Barlow sometimes told people to sign over their vehicles and pay him cash, in one case $4,500.
Read more: http://www.seattlepi.com/news/crime/article/Ex-Mississippi-police-chief-faces-new-indictment-4526123.php#ixzz2Ta28lSLe
By HOLBROOK MOHR
Associated Press
May 17, 2013
JACKSON, Miss. (AP) — A former Mississippi police chief already charged with demanding money or property in exchange for dropping criminal charges against people has been indicted on nine new counts.
Former Mendenhall Police Chief Donald "Bruce" Barlow was charged Feb. 5 with eight counts including conspiracy, extortion, soliciting bribes and witness tampering. He pleaded not guilty March 8.
A new indictment on Tuesday added nine additional counts.
The indictment says Barlow instructed "his officers to seize cash at every arrest, including money from people arrested for misdemeanors."
When some of those people were arrested, authorities say Barlow offered to let them go or reduce charges if they forfeited their property and money.
The new indictment says Barlow sometimes told people to sign over their vehicles and pay him cash, in one case $4,500.
Read more: http://www.seattlepi.com/news/crime/article/Ex-Mississippi-police-chief-faces-new-indictment-4526123.php#ixzz2Ta28lSLe
Tuesday, May 14, 2013
After deadly police beating, witness cellphones confiscated
After deadly police beating, witness cellphones confiscated
David Sal Silva was reportedly seen and recorded being beaten to death by California police
By Natasha Lennard
Salon.com
May 13, 2013
Following the death of father of four David Sal Silva last week, his family’s attorneys are calling for police to release bystander video evidence that reportedly shows California’s Kern County officers brutally beating the 33-year-old. A video from a surveillance camera (which does not show the scene close-up) has been released and shows the man repeatedly struck with a baton. Local press have also reported on details from a 911 call made, in which witness Sulina Quair, 34, said “There is a man laying on the floor and your police officers beat the (expletive) out of him and killed him. I have it all on video camera. We videotaped the whole thing.” Officers say they were responding to a call about an intoxicated man and that Silva had fought them.
Attorneys representing the Silva family expressed concern that police may tamper with video evidence and demanded that they be given access to any recordings of the lethal incident. Details emerged, the Bakersfield Californian reported, that officers confiscated the phones of bystanders who had captured the event as it unfolded. Police reportedly arrived at Quair’s home to take his phone.
The local paper reported:
At a news conference at his downtown Bakersfield office, attorney David Cohn, representing the Silva family, said the videos were vital evidence. He expressed concern about tampering.
“Those videos that were taken are the most important piece to this case and another main concern is that those videos aren’t altered or destroyed by the Sheriff’s Department,” said Cohn, of the firm Chain, Cohn, Stiles.
Later in the day, Kern County Sheriff Donny Youngblood said he was asking the public to be patient and give his office the opportunity to conduct an investigation. He was critical of comments made by lawyers for the family and the witnesses.
“It appears that a couple attorneys are making statements based on I don’t know what because the investigation hasn’t been completed yet,” Youngblood said.
Cohn was flanked at the news conference by Silva’s mother, father and brother. They did not speak.
Cohn said he plans to file a civil rights lawsuit in federal District Court in Fresno next week.
Kelly Thomas' father 'totally disgusted' by Kern County beating
Kate Mather
Los Angeles Times
May 14, 2013
Kern County Sheriff Donny Youngblood said Monday that it was too early in the investigation to reach any conclusions about Silva's death. But he defended the decision to take custody of the phones as a way of preserving possible evidence. The sheriff said his office obtained a search warrant for the phones and asked the Bakersfield Police Department to analyze the videos to remove the appearance of any conflict.
Ron Thomas said he spoke to Cohn over the weekend and planned to talk to Silva's family Tuesday. He said he would offer to help in any way he can, including going with the family to talk to the Kern County sheriff.
He also had advice based on his own experience, recommending the family "immediately" get the investigation to the district attorney or state attorney general's office, reach out to potential witnesses, and ramp up public pressure.
"If there's no pressure, there's no result," Ron Thomas said. "They would not have done it in Fullerton -- look at all the changes in Fullerton. I was a thorn in the side constantly and made them do their job."
Kelly Thomas' death roiled the Orange County community, prompting protests, memorials and a recall election as the incident drew international attention.
Three former members of the Fullerton police now face criminal charges in the death, including one officer who is accused of second-degree murder. Police Chief Michael F. Sellers took a medical leave amid calls for his resignation. He eventually stepped down.
Three City Council members perceived as protecting the embattled Police Department were ousted in a recall, and at one point the City Council considered disbanding the department and handing over law-enforcement authority to the sheriff.
Ron Thomas said the Kern County incident brought up memories of his son's case.
"It's very tough," he said. "I just happen to be in a whirl right now -- if I slow down, I'll get choked up."
"We've got to stop this," he said later. "We the people have got to stop this."
David Sal Silva was reportedly seen and recorded being beaten to death by California police
By Natasha Lennard
Salon.com
May 13, 2013
Following the death of father of four David Sal Silva last week, his family’s attorneys are calling for police to release bystander video evidence that reportedly shows California’s Kern County officers brutally beating the 33-year-old. A video from a surveillance camera (which does not show the scene close-up) has been released and shows the man repeatedly struck with a baton. Local press have also reported on details from a 911 call made, in which witness Sulina Quair, 34, said “There is a man laying on the floor and your police officers beat the (expletive) out of him and killed him. I have it all on video camera. We videotaped the whole thing.” Officers say they were responding to a call about an intoxicated man and that Silva had fought them.
Attorneys representing the Silva family expressed concern that police may tamper with video evidence and demanded that they be given access to any recordings of the lethal incident. Details emerged, the Bakersfield Californian reported, that officers confiscated the phones of bystanders who had captured the event as it unfolded. Police reportedly arrived at Quair’s home to take his phone.
The local paper reported:
At a news conference at his downtown Bakersfield office, attorney David Cohn, representing the Silva family, said the videos were vital evidence. He expressed concern about tampering.
“Those videos that were taken are the most important piece to this case and another main concern is that those videos aren’t altered or destroyed by the Sheriff’s Department,” said Cohn, of the firm Chain, Cohn, Stiles.
Later in the day, Kern County Sheriff Donny Youngblood said he was asking the public to be patient and give his office the opportunity to conduct an investigation. He was critical of comments made by lawyers for the family and the witnesses.
“It appears that a couple attorneys are making statements based on I don’t know what because the investigation hasn’t been completed yet,” Youngblood said.
Cohn was flanked at the news conference by Silva’s mother, father and brother. They did not speak.
Cohn said he plans to file a civil rights lawsuit in federal District Court in Fresno next week.
Kelly Thomas' father 'totally disgusted' by Kern County beating
Kate Mather
Los Angeles Times
May 14, 2013
Kern County Sheriff Donny Youngblood said Monday that it was too early in the investigation to reach any conclusions about Silva's death. But he defended the decision to take custody of the phones as a way of preserving possible evidence. The sheriff said his office obtained a search warrant for the phones and asked the Bakersfield Police Department to analyze the videos to remove the appearance of any conflict.
Ron Thomas said he spoke to Cohn over the weekend and planned to talk to Silva's family Tuesday. He said he would offer to help in any way he can, including going with the family to talk to the Kern County sheriff.
He also had advice based on his own experience, recommending the family "immediately" get the investigation to the district attorney or state attorney general's office, reach out to potential witnesses, and ramp up public pressure.
"If there's no pressure, there's no result," Ron Thomas said. "They would not have done it in Fullerton -- look at all the changes in Fullerton. I was a thorn in the side constantly and made them do their job."
Kelly Thomas' death roiled the Orange County community, prompting protests, memorials and a recall election as the incident drew international attention.
Three former members of the Fullerton police now face criminal charges in the death, including one officer who is accused of second-degree murder. Police Chief Michael F. Sellers took a medical leave amid calls for his resignation. He eventually stepped down.
Three City Council members perceived as protecting the embattled Police Department were ousted in a recall, and at one point the City Council considered disbanding the department and handing over law-enforcement authority to the sheriff.
Ron Thomas said the Kern County incident brought up memories of his son's case.
"It's very tough," he said. "I just happen to be in a whirl right now -- if I slow down, I'll get choked up."
"We've got to stop this," he said later. "We the people have got to stop this."
Friday, April 05, 2013
Honors students guilty in murder to prevent witness from testifying
It seems that public entities, from schools to police forces, have a bad habit of firing employees who complain that murderers and child molesters are being protected or treated gingerly.
Here's a story of a school district that forced out a teacher who reported a child molester.
The final paragraph of the story below discusses an LAPD detective who was fired for revealing that a witness and her family had not been adequately protected.
After years of lying, ex-honors student admits her role in murder
Keeairra Dashiell is sentenced to life in prison for driving her then-boyfriend to the home of a crime witness, where he shot Pamela Lark, the witness' mother.
By Joel Rubin
Los Angeles Times
April 4, 2013
When Keeairra Dashiell graduated with honors from Crenshaw High School seven years ago, she seemed headed for success. Offered admission into several top colleges, she accepted a scholarship to UC San Diego, leaving behind the often rough, inner-city world of South Los Angeles.
But on Thursday, Dashiell's talent and promise were a distant, squandered memory as the 24-year-old sat handcuffed in a downtown Los Angeles courtroom. After years of lying, she fully confessed to her role in a 2007 murder and, in a deal with prosecutors, pleaded guilty to second-degree murder and attempted robbery. Los Angeles County Superior Court Judge Michael Pastor sentenced Dashiell to life in prison with the possibility of parole after 19 years.
After handing down the sentence, Pastor spoke to Dashiell at length as she sat quietly next to her attorney with her head bowed. "You made horrific decisions and caused incalculable pain and suffering to others," Pastor said in a somber tone. "You're not entitled to pity."
PHOTOS: Aftermath of a holdup
Dashiell confessed to having a hand in the Jan. 3, 2007, murder of Pamela Lark, who was shot to death by Dashiell's then-boyfriend, Tyquan Knox. Dashiell admitted to driving Knox to the Mid-City block where Lark lived with her teenage daughter Khristina Henry and, with several members of her family and Lark's listening in the courtroom, said she knew Knox was armed with a gun and that he planned to kill Henry. Dashiell waited for Knox and drove him away when he returned.
Months earlier, Knox, a one-time football star at Crenshaw High School, had robbed Henry and her boyfriend at gunpoint. Lark insisted that Henry report it to police, telling her that it was her duty to do so.
Over the next few months, Knox's mother and other acquaintances contacted Lark and Henry in an effort to dissuade the teenager from testifying at Knox's approaching trial. "You better watch your back," Henry remembered being told by a mutual acquaintance. "It's best that you guys not go to court."
Knox, who had ruined his best chance at earning a football scholarship when he was kicked off Crenshaw's team for hitting a girl, still harbored hopes of catching the eye of scouts. He feared that a conviction would ruin any chance of being recruited by a college, the prosecution contended at his murder trial.
Despite the threats against her, Henry still planned on taking the stand at Knox's preliminary hearing. Four days before the hearing, Knox strode up to Lark as she, a niece and two young grandchildren stood near her car. He demanded her purse and then opened fire without taking anything.
Dashiell said on Thursday that she and Knox went to the apartment before dawn with a plan to kill Henry, not Lark. The pair apparently did not see Henry when she emerged from the apartment in the morning and drove off to attend class at a nearby community college. It remains unknown why Knox targeted Lark. After two attempts at prosecuting Knox ended in mistrials when the juries could not reach verdicts, Knox was convicted of murder at a third trial in 2011 and sentenced to life in prison without parole.
In the first two trials, Danette Meyers, the assistant district attorney who prosecuted the cases, struck a deal with Dashiell: In exchange for her testimony against Knox, Dashiell would serve only seven years in prison. Dashiell, however, proved to be a reluctant and unconvincing witness, often contradicting herself and getting caught in lies. Meyers rescinded the offer and, until Thursday's agreement, had vowed to prosecute Dashiell on murder charges.
With more than six years having passed since the murder, Thursday's hearing brought an end to countless hours Lark's family has spent in courtrooms having to relive the horror of the killing. "I'm just happy it's finally over," Henry said after the hearing.
Lark's murder and its fallout was the subject of a two-part series in The Times.
In his comments, Pastor, a veteran judge who heard each of Knox's trials as well, said that of the thousands of cases he's handled as a judge and previously as a prosecutor, none "impacted me as much as this case." The strain was so great, Pastor said, it pushed him to request a transfer so he wouldn't have to hear such cases anymore.
"I couldn't handle it anymore because I saw the terrible pain this case has caused all of you," he said to the members of both Lark's and Dashiell's families. Pastor offered kind words to Dashiell's parents, saying they appeared to be good people. "Mrs. Dashiell asked where she went wrong. She didn't go wrong," he said. "Keeairra Dashiell did this herself."
After Dashiell had been led away, members of her family approached Henry and other relatives of Lark. Forming a line, they each tearfully embraced Henry and the others, whispering apologies.
Taking in the emotional scene was Michael Slider, Henry's uncle and a detective in the Los Angeles Police Department. Slider was fired by the department in 2010 for leaking confidential information about the case after he became convinced that his fellow LAPD detectives had not done enough to protect Henry and Lark from Knox. After an appeals court threw out one of the department's allegations against Slider and sent the case back to the LAPD for reconsideration, police officials relented and reinstated Slider.
Here's a story of a school district that forced out a teacher who reported a child molester.
The final paragraph of the story below discusses an LAPD detective who was fired for revealing that a witness and her family had not been adequately protected.
After years of lying, ex-honors student admits her role in murder
Keeairra Dashiell is sentenced to life in prison for driving her then-boyfriend to the home of a crime witness, where he shot Pamela Lark, the witness' mother.
By Joel Rubin
Los Angeles Times
April 4, 2013
When Keeairra Dashiell graduated with honors from Crenshaw High School seven years ago, she seemed headed for success. Offered admission into several top colleges, she accepted a scholarship to UC San Diego, leaving behind the often rough, inner-city world of South Los Angeles.
But on Thursday, Dashiell's talent and promise were a distant, squandered memory as the 24-year-old sat handcuffed in a downtown Los Angeles courtroom. After years of lying, she fully confessed to her role in a 2007 murder and, in a deal with prosecutors, pleaded guilty to second-degree murder and attempted robbery. Los Angeles County Superior Court Judge Michael Pastor sentenced Dashiell to life in prison with the possibility of parole after 19 years.
After handing down the sentence, Pastor spoke to Dashiell at length as she sat quietly next to her attorney with her head bowed. "You made horrific decisions and caused incalculable pain and suffering to others," Pastor said in a somber tone. "You're not entitled to pity."
PHOTOS: Aftermath of a holdup
Dashiell confessed to having a hand in the Jan. 3, 2007, murder of Pamela Lark, who was shot to death by Dashiell's then-boyfriend, Tyquan Knox. Dashiell admitted to driving Knox to the Mid-City block where Lark lived with her teenage daughter Khristina Henry and, with several members of her family and Lark's listening in the courtroom, said she knew Knox was armed with a gun and that he planned to kill Henry. Dashiell waited for Knox and drove him away when he returned.
Months earlier, Knox, a one-time football star at Crenshaw High School, had robbed Henry and her boyfriend at gunpoint. Lark insisted that Henry report it to police, telling her that it was her duty to do so.
Over the next few months, Knox's mother and other acquaintances contacted Lark and Henry in an effort to dissuade the teenager from testifying at Knox's approaching trial. "You better watch your back," Henry remembered being told by a mutual acquaintance. "It's best that you guys not go to court."
Knox, who had ruined his best chance at earning a football scholarship when he was kicked off Crenshaw's team for hitting a girl, still harbored hopes of catching the eye of scouts. He feared that a conviction would ruin any chance of being recruited by a college, the prosecution contended at his murder trial.
Despite the threats against her, Henry still planned on taking the stand at Knox's preliminary hearing. Four days before the hearing, Knox strode up to Lark as she, a niece and two young grandchildren stood near her car. He demanded her purse and then opened fire without taking anything.
Dashiell said on Thursday that she and Knox went to the apartment before dawn with a plan to kill Henry, not Lark. The pair apparently did not see Henry when she emerged from the apartment in the morning and drove off to attend class at a nearby community college. It remains unknown why Knox targeted Lark. After two attempts at prosecuting Knox ended in mistrials when the juries could not reach verdicts, Knox was convicted of murder at a third trial in 2011 and sentenced to life in prison without parole.
In the first two trials, Danette Meyers, the assistant district attorney who prosecuted the cases, struck a deal with Dashiell: In exchange for her testimony against Knox, Dashiell would serve only seven years in prison. Dashiell, however, proved to be a reluctant and unconvincing witness, often contradicting herself and getting caught in lies. Meyers rescinded the offer and, until Thursday's agreement, had vowed to prosecute Dashiell on murder charges.
With more than six years having passed since the murder, Thursday's hearing brought an end to countless hours Lark's family has spent in courtrooms having to relive the horror of the killing. "I'm just happy it's finally over," Henry said after the hearing.
Lark's murder and its fallout was the subject of a two-part series in The Times.
In his comments, Pastor, a veteran judge who heard each of Knox's trials as well, said that of the thousands of cases he's handled as a judge and previously as a prosecutor, none "impacted me as much as this case." The strain was so great, Pastor said, it pushed him to request a transfer so he wouldn't have to hear such cases anymore.
"I couldn't handle it anymore because I saw the terrible pain this case has caused all of you," he said to the members of both Lark's and Dashiell's families. Pastor offered kind words to Dashiell's parents, saying they appeared to be good people. "Mrs. Dashiell asked where she went wrong. She didn't go wrong," he said. "Keeairra Dashiell did this herself."
After Dashiell had been led away, members of her family approached Henry and other relatives of Lark. Forming a line, they each tearfully embraced Henry and the others, whispering apologies.
Taking in the emotional scene was Michael Slider, Henry's uncle and a detective in the Los Angeles Police Department. Slider was fired by the department in 2010 for leaking confidential information about the case after he became convinced that his fellow LAPD detectives had not done enough to protect Henry and Lark from Knox. After an appeals court threw out one of the department's allegations against Slider and sent the case back to the LAPD for reconsideration, police officials relented and reinstated Slider.
Tuesday, October 02, 2012
Rep. John Lewis: 'Make Some Noise' on New Voting Restrictions
Rep. John Lewis: 'Make Some Noise' on New Voting Restrictions
The Atlantic
8 AUG 26 2012
"...The civil rights icon issues a call—"All of us should be up on our feet"—to protest partisan voting restrictions this election season.And I stood up and said, I don't understand it. I don't understand it, how President Johnson can send troops to Vietnam and cannot send troops to Selma, Alabama, to protect people whose only desire is to register to vote. And the next thing I realized, I had been admitted to the Good Samaritan Hospital, a short distance away. There were 17 other people who had been hurt".
–Rep. John Lewis (D- Ga.), on NPR in 2010, marking the 45th anniversary of "Bloody Sunday," the 1965 civil rights march from Selma to Montgomery.
If there is an American alive today who is well suited to evaluate the partisan push for new restrictive voting laws this election cycle, it is Rep. John Lewis, the civil rights icon who put his skull where his heart and mind were on the Edmund Pettus Bridge all those years ago. But to merely read the words above doesn't do justice to what happened that day. Here's an interview the congressman did earlier this year with Stephen Colbert. In it you can hear, you can see, you can feel the profound impact the event had upon Rep. Lewis' life and, indeed, upon the life of the nation.
When young John Lewis marched that day, he was marching for the rights of blacks to register to vote. And it would take only 142 days, from the march on March 17, 1965 to the passage of the Voting Rights Act on August 6, 1965. Now that federal law is under siege. The conservatives of the United States Supreme Court are poised to strike down one of its central provisions. And Republicans in states like Florida, Texas, and South Carolina have passed photo identification laws that could disenfranchise hundreds of thousands of registered voters who have long cast their ballots without incident. Republicans in other states, like Pennsylvania, have done likewise.
Meanwhile, Republicans in Ohio have moved to restrict early voting access, which has traditionally been used by minority voters. As with the photo ID requirements, the new restrictions were enacted under the guise of protecting elections from "voter fraud." But, as with the other restrictions, there is virtually no evidence of such fraud. And the impact of the new restrictions will have a disproportionate impact upon minority voters, many of whom don't have the time or the money or the means of transportation to obtain the required new forms of identification.
The Justice Department, which for now has the legal authority to block some state voting restrictions, has interceded in several Southern states. In other states, local civil rights groups have challenged the measures in court. This week, for example, a three-judge panel in federal court in Washington will hear a challenge to South Carolina's restrictive laws. And a decision in Texas v. Holder is expected as early as the end of the week. If the 2000 election was decided by judges after the voting was done, the 2012 election may be decided by judges before the voting begins.
With all that in mind, last week I asked Rep. Lewis for some context and perspective on the link between the civil right movement of a half century ago and today's voting rights movement. I wanted to know if the connection was valid and, if so, why so many of the voices which sounded so loudly in the 1960s have been so silent today. Is it because the texts of the new voting laws are "neutral"—technically applying their restrictions to whites and blacks alike? Or is it something more. It's a timely topic—with so many judges in so many states poised in the next few days and weeks to give their own answers.
Here is the interview.
I've made the argument (here at The Atlantic) that there are strong links between the aims of the civil rights movement in the 1950s and 1960s and the aims of people today who are fighting against partisan restrictions on voting. How strong do you think that link really is?
The link is solid and very strong. The forces that fought against the goals and aims of the Civil Rights Movement in the '50s and '60s are very similar to the forces standing against voting rights today. Fifty years ago, they were primarily Southern segregated and racist groups who used brute force, arrests and violence to discourage people from participating. Today those forces are not just relegated to the American South, but they are operating throughout our country.
The documented incidences of voter fraud are very rare, yet throughout the country, forces have mobilized in over 30 states to stop it. These efforts are very partisan. They are not using overt violence and harassment, but subtle, more sophisticated devices to discourage and prevent people from participating in the electoral process. How much of these new laws are based upon the fear of permitting minority votes to determine the coming election?
It is not outlandish to conclude that these new laws are based on the simple objective of blocking minorities from casting a vote that will determine the outcome of elections. Some appointed and elected officials have stated these aims and have made it very clear that they are working to disenfranchise minority voters in this election.
45 Years Since Selma, Rep. John Lewis Reflects
Talk of the Nation
NPR
March 8, 2010
Thousands converged on Selma, Ala., to mark the 45th anniversary of "Bloody Sunday," when hundreds of peaceful civil rights protesters set out for Montgomery, to march for voting rights. U.S. Congressman John Lewis (D-GA) reflects on the day he marched in Selma.
NEAL CONAN, host:
Thousands converged yesterday on Selma, Alabama to mark the 45th anniversary of Bloody Sunday. That day, on March 7th, 1965, hundreds of peaceful civil rights demonstrators set out from Montgomery to march for voting rights. Only a few blocks in, as they tried to cross the Edmund Pettus Bridge, they were beaten back by Alabama State Troopers. The incident and the images carried in newspapers and on television shocked the nation and the world and became a turning point for the civil rights movement...
The Atlantic
8 AUG 26 2012
"...The civil rights icon issues a call—"All of us should be up on our feet"—to protest partisan voting restrictions this election season.And I stood up and said, I don't understand it. I don't understand it, how President Johnson can send troops to Vietnam and cannot send troops to Selma, Alabama, to protect people whose only desire is to register to vote. And the next thing I realized, I had been admitted to the Good Samaritan Hospital, a short distance away. There were 17 other people who had been hurt".
–Rep. John Lewis (D- Ga.), on NPR in 2010, marking the 45th anniversary of "Bloody Sunday," the 1965 civil rights march from Selma to Montgomery.
If there is an American alive today who is well suited to evaluate the partisan push for new restrictive voting laws this election cycle, it is Rep. John Lewis, the civil rights icon who put his skull where his heart and mind were on the Edmund Pettus Bridge all those years ago. But to merely read the words above doesn't do justice to what happened that day. Here's an interview the congressman did earlier this year with Stephen Colbert. In it you can hear, you can see, you can feel the profound impact the event had upon Rep. Lewis' life and, indeed, upon the life of the nation.
When young John Lewis marched that day, he was marching for the rights of blacks to register to vote. And it would take only 142 days, from the march on March 17, 1965 to the passage of the Voting Rights Act on August 6, 1965. Now that federal law is under siege. The conservatives of the United States Supreme Court are poised to strike down one of its central provisions. And Republicans in states like Florida, Texas, and South Carolina have passed photo identification laws that could disenfranchise hundreds of thousands of registered voters who have long cast their ballots without incident. Republicans in other states, like Pennsylvania, have done likewise.
Meanwhile, Republicans in Ohio have moved to restrict early voting access, which has traditionally been used by minority voters. As with the photo ID requirements, the new restrictions were enacted under the guise of protecting elections from "voter fraud." But, as with the other restrictions, there is virtually no evidence of such fraud. And the impact of the new restrictions will have a disproportionate impact upon minority voters, many of whom don't have the time or the money or the means of transportation to obtain the required new forms of identification.
The Justice Department, which for now has the legal authority to block some state voting restrictions, has interceded in several Southern states. In other states, local civil rights groups have challenged the measures in court. This week, for example, a three-judge panel in federal court in Washington will hear a challenge to South Carolina's restrictive laws. And a decision in Texas v. Holder is expected as early as the end of the week. If the 2000 election was decided by judges after the voting was done, the 2012 election may be decided by judges before the voting begins.
With all that in mind, last week I asked Rep. Lewis for some context and perspective on the link between the civil right movement of a half century ago and today's voting rights movement. I wanted to know if the connection was valid and, if so, why so many of the voices which sounded so loudly in the 1960s have been so silent today. Is it because the texts of the new voting laws are "neutral"—technically applying their restrictions to whites and blacks alike? Or is it something more. It's a timely topic—with so many judges in so many states poised in the next few days and weeks to give their own answers.
Here is the interview.
I've made the argument (here at The Atlantic) that there are strong links between the aims of the civil rights movement in the 1950s and 1960s and the aims of people today who are fighting against partisan restrictions on voting. How strong do you think that link really is?
The link is solid and very strong. The forces that fought against the goals and aims of the Civil Rights Movement in the '50s and '60s are very similar to the forces standing against voting rights today. Fifty years ago, they were primarily Southern segregated and racist groups who used brute force, arrests and violence to discourage people from participating. Today those forces are not just relegated to the American South, but they are operating throughout our country.
The documented incidences of voter fraud are very rare, yet throughout the country, forces have mobilized in over 30 states to stop it. These efforts are very partisan. They are not using overt violence and harassment, but subtle, more sophisticated devices to discourage and prevent people from participating in the electoral process. How much of these new laws are based upon the fear of permitting minority votes to determine the coming election?
It is not outlandish to conclude that these new laws are based on the simple objective of blocking minorities from casting a vote that will determine the outcome of elections. Some appointed and elected officials have stated these aims and have made it very clear that they are working to disenfranchise minority voters in this election.
45 Years Since Selma, Rep. John Lewis Reflects
Talk of the Nation
NPR
March 8, 2010
Thousands converged on Selma, Ala., to mark the 45th anniversary of "Bloody Sunday," when hundreds of peaceful civil rights protesters set out for Montgomery, to march for voting rights. U.S. Congressman John Lewis (D-GA) reflects on the day he marched in Selma.
NEAL CONAN, host:
Thousands converged yesterday on Selma, Alabama to mark the 45th anniversary of Bloody Sunday. That day, on March 7th, 1965, hundreds of peaceful civil rights demonstrators set out from Montgomery to march for voting rights. Only a few blocks in, as they tried to cross the Edmund Pettus Bridge, they were beaten back by Alabama State Troopers. The incident and the images carried in newspapers and on television shocked the nation and the world and became a turning point for the civil rights movement...
Protesters at 2004 RNC Probably Shouldn’t Have Been Arrested
Protesters at 2004 RNC Probably Shouldn’t Have Been Arrested
By Joe Coscarelli
New York Magazine
Sept. 30, 2012
A federal court decided today that out of the thousands of arrests at the 2004 Republican National Convention in New York, a good number of them were made without probable cause. Guilt by association, Judge Richard Sullivan ruled, doesn't cut it, and the mass-fingerprinting of arrested demonstrators wasn't legal either. "With this ruling, the time has come for the city to put this controversy behind it, to settle the rest of the Convention cases, and to make sure that mass arrests never happen again here," said a lawyer for the NYCLU. Thank you, swift justice.
By Joe Coscarelli
New York Magazine
Sept. 30, 2012
A federal court decided today that out of the thousands of arrests at the 2004 Republican National Convention in New York, a good number of them were made without probable cause. Guilt by association, Judge Richard Sullivan ruled, doesn't cut it, and the mass-fingerprinting of arrested demonstrators wasn't legal either. "With this ruling, the time has come for the city to put this controversy behind it, to settle the rest of the Convention cases, and to make sure that mass arrests never happen again here," said a lawyer for the NYCLU. Thank you, swift justice.
Sunday, September 16, 2012
72-year-old man convicted of 1957 killing
Has anybody checked to see if there were any missing girls in Washington where this man was a police officer? Did he receive complaints about brutality?
72-year-old man convicted of 1957 killing
Herald and News
September 15, 2012
(AP)
For most of five decades, it seemed no one would ever be held accountable for the murder of a 7-year-old Illinois girl snatched off a small-town street corner as she played.
Now, someone has.
Fifty-five years after Maria Ridulph vanished, her friends and family let out a deafening cheer in court Friday as a judge pronounced a former neighborhood teen — now a 72-year-old man — guilty of the kidnapping and murder. It was one of the oldest unsolved crimes in the U.S. to make it to trial.
The roar of approval soon gave way to loud sobs from those who knew the little girl whose body was found after a five-month search that drew national media attention and haunted people across the country. Jack McCullough, who was 17-year-old John Tessier at the time, showed no hint of emotion.
“A weight has been lifted off my shoulders,” said Kathy Chapman, 63, who was playing with Maria in the snow on the night of Dec. 3, 1957, before she vanished. “Maria finally has the justice she deserves.”
A brutal killing
McCullough approached the girls as they played and won Maria’s trust by talking about dolls and giving her piggyback rides. At some point after Chapman ran home to grab mittens, authorities say McCullough dragged Maria into an alley, choked her with a wire, then stabbed her in her throat and chest.
The motive? Prosecutors say McCullough was sexually attracted to the second-grader. Even in a police interview in 2011, he recalled seeing Maria around the neighborhood, saying she was as pretty as a “Barbie doll.” He wasn’t charged with molesting her, however.
McCullough was briefly a suspect, like more than 100 others, in the 1950s, but he had an alibi. He told investigators he had been traveling to Chicago to get a medical exam before joining the Air Force. He settled in Seattle, working as a Washington state police officer...
72-year-old man convicted of 1957 killing
Herald and News
September 15, 2012
(AP)
For most of five decades, it seemed no one would ever be held accountable for the murder of a 7-year-old Illinois girl snatched off a small-town street corner as she played.
Now, someone has.
Fifty-five years after Maria Ridulph vanished, her friends and family let out a deafening cheer in court Friday as a judge pronounced a former neighborhood teen — now a 72-year-old man — guilty of the kidnapping and murder. It was one of the oldest unsolved crimes in the U.S. to make it to trial.
The roar of approval soon gave way to loud sobs from those who knew the little girl whose body was found after a five-month search that drew national media attention and haunted people across the country. Jack McCullough, who was 17-year-old John Tessier at the time, showed no hint of emotion.
“A weight has been lifted off my shoulders,” said Kathy Chapman, 63, who was playing with Maria in the snow on the night of Dec. 3, 1957, before she vanished. “Maria finally has the justice she deserves.”
A brutal killing
McCullough approached the girls as they played and won Maria’s trust by talking about dolls and giving her piggyback rides. At some point after Chapman ran home to grab mittens, authorities say McCullough dragged Maria into an alley, choked her with a wire, then stabbed her in her throat and chest.
The motive? Prosecutors say McCullough was sexually attracted to the second-grader. Even in a police interview in 2011, he recalled seeing Maria around the neighborhood, saying she was as pretty as a “Barbie doll.” He wasn’t charged with molesting her, however.
McCullough was briefly a suspect, like more than 100 others, in the 1950s, but he had an alibi. He told investigators he had been traveling to Chicago to get a medical exam before joining the Air Force. He settled in Seattle, working as a Washington state police officer...
Monday, August 20, 2012
Autopsy: Death of handcuffed man in Ark. a suicide
Autopsy: Death of handcuffed man in Ark. a suicide
By JEANNIE NUSS
The Associated Press
August 20, 2012
LITTLE ROCK, Ark. — An autopsy report released Monday lists the death of a man shot in the head while his hands were cuffed behind him in an Arkansas patrol car as a suicide.
The state crime lab report, signed by three medical examiners, said the muzzle of a gun was placed against the right side of 21-year-old Chavis Carter's head when it was fired. Jonesboro police released the report to The Associated Press and other news organizations under a Freedom of Information Act request.
The report said the manner of death was ruled a suicide based on autopsy findings and investigative conclusions from the Jonesboro police department.
"He was cuffed and placed into a police car, where apparently he produced a weapon, and despite being handcuffed, shot himself in the head," the report says.
Police have said officers frisked Carter twice after a traffic stop without finding a gun before he was fatally shot July 28.
The autopsy report comes days after police released video recorded the night Carter was shot in Jonesboro, about 130 miles northeast of Little Rock. Part of the video showed Carter being patted down and ended before officers found Carter slumped over and bleeding in the back of a patrol car as was described in a police report. Police later released additional video they said came after Carter was found.
Carter's death came after police stopped a truck in which he was riding. The driver and another passenger eventually were allowed to go, but police said Carter had an outstanding arrest warrant. Court records show it had to do with a drug charge out of Mississippi's DeSoto County.
Carter was searched twice and police said they found a small amount of marijuana, but no gun.
After the first search, an officer put Carter into a patrol car without handcuffing him. He was later searched again, handcuffed and returned to the same car.
Officers a short time later saw Carter slumped over in the backseat and covered in blood, according to the report, which concluded he had managed to conceal a handgun with which he shot himself. He later died at a hospital, and the report listed his death as a suicide...
Autopsy: Man Shot In Police Car Had Meth In System
by THE ASSOCIATED PRESS
August 20, 2012
LITTLE ROCK, Ark.
...The autopsy report comes days after police released dashboard camera video recorded the night Carter was shot in Jonesboro, about 130 miles northeast of Little Rock. Part of the video showed Carter being patted down and ended before officers found Carter slumped over and bleeding in the back of a patrol car as was described in a police report. Police later released additional video they said was recorded after Carter was found.
Neither included the moment they say Carter shot himself, and the footage did little to resolve questions about how the shooting could have happened. Jonesboro police previously had released a video reconstruction of the shooting showing how a man could shoot himself in the head with his hands cuffed behind him.
In producing that video, the agency said it used the same type of handcuffs used on Carter and the same model of handgun found near him after he died: a .380-caliber Cobra semi-automatic. An officer of similar height and weight as Carter sat in the back of a cruiser, leaned over and was able to lift the weapon to his head and reach the trigger.
The autopsy report said Carter was about 5-foot-8 and that his body weighed 150 pounds.
Irwin called Monday for the full dashboard video and audio from the night of the shooting to be released before final conclusions are drawn.
"They should be disclosing every bit of evidence as quickly as they can," he said.
Cellphone videos, other phone records, search warrant returns and investigative portions of the incident report had yet to be released, police spokesman Sgt. Lyle Waterworth said...
By JEANNIE NUSS
The Associated Press
August 20, 2012
LITTLE ROCK, Ark. — An autopsy report released Monday lists the death of a man shot in the head while his hands were cuffed behind him in an Arkansas patrol car as a suicide.
The state crime lab report, signed by three medical examiners, said the muzzle of a gun was placed against the right side of 21-year-old Chavis Carter's head when it was fired. Jonesboro police released the report to The Associated Press and other news organizations under a Freedom of Information Act request.
The report said the manner of death was ruled a suicide based on autopsy findings and investigative conclusions from the Jonesboro police department.
"He was cuffed and placed into a police car, where apparently he produced a weapon, and despite being handcuffed, shot himself in the head," the report says.
Police have said officers frisked Carter twice after a traffic stop without finding a gun before he was fatally shot July 28.
The autopsy report comes days after police released video recorded the night Carter was shot in Jonesboro, about 130 miles northeast of Little Rock. Part of the video showed Carter being patted down and ended before officers found Carter slumped over and bleeding in the back of a patrol car as was described in a police report. Police later released additional video they said came after Carter was found.
Carter's death came after police stopped a truck in which he was riding. The driver and another passenger eventually were allowed to go, but police said Carter had an outstanding arrest warrant. Court records show it had to do with a drug charge out of Mississippi's DeSoto County.
Carter was searched twice and police said they found a small amount of marijuana, but no gun.
After the first search, an officer put Carter into a patrol car without handcuffing him. He was later searched again, handcuffed and returned to the same car.
Officers a short time later saw Carter slumped over in the backseat and covered in blood, according to the report, which concluded he had managed to conceal a handgun with which he shot himself. He later died at a hospital, and the report listed his death as a suicide...
Autopsy: Man Shot In Police Car Had Meth In System
by THE ASSOCIATED PRESS
August 20, 2012
LITTLE ROCK, Ark.
...The autopsy report comes days after police released dashboard camera video recorded the night Carter was shot in Jonesboro, about 130 miles northeast of Little Rock. Part of the video showed Carter being patted down and ended before officers found Carter slumped over and bleeding in the back of a patrol car as was described in a police report. Police later released additional video they said was recorded after Carter was found.
Neither included the moment they say Carter shot himself, and the footage did little to resolve questions about how the shooting could have happened. Jonesboro police previously had released a video reconstruction of the shooting showing how a man could shoot himself in the head with his hands cuffed behind him.
In producing that video, the agency said it used the same type of handcuffs used on Carter and the same model of handgun found near him after he died: a .380-caliber Cobra semi-automatic. An officer of similar height and weight as Carter sat in the back of a cruiser, leaned over and was able to lift the weapon to his head and reach the trigger.
The autopsy report said Carter was about 5-foot-8 and that his body weighed 150 pounds.
Irwin called Monday for the full dashboard video and audio from the night of the shooting to be released before final conclusions are drawn.
"They should be disclosing every bit of evidence as quickly as they can," he said.
Cellphone videos, other phone records, search warrant returns and investigative portions of the incident report had yet to be released, police spokesman Sgt. Lyle Waterworth said...
Sunday, August 19, 2012
Psychiatrist's Talk of Rap Sheet Voids Pot Conviction
Psychiatrist's Talk of Rap Sheet Voids Pot Conviction
Matt Potter
September 14, 2011
A psychiatrist's testimony about an alleged pot smuggler's "rap sheet" has resulted in reversal by the U.S. Ninth District Court of Appeals of defendant Brad Ray Santini's San Diego federal district court conviction for attempting to cross the border at Calexico in September 2008 with 28 kilograms of marijuana stashed in the rear seat and spare tire of his Jeep Cherokee.
"Santini's defense at trial was that someone else had placed the marijuana in his car without his knowledge," according to the ruling by the appellate court's three judge panel.
"The defense claimed that Santini may have been tricked, arguing that he was easy to manipulate due to a traumatic brain injury he had suffered in 2005.
"Dr. Dean Delis, a clinical psychologist, testified that Santini had suffered 'a severe traumatic brain injury' and that tests showed Santini 'has permanent cognitive deficits' as a result. Dr. Delis explained that Santini's type of injury can cause difficulty with 'social perception of other people.'
"The government sought to rebut this testimony by presenting its own expert, psychiatrist Dr. Mark Kalish.
"Dr. Kalish testified that his evaluation did not show that Santini's brain injury made him more vulnerable to manipulation. Dr. Kalish based this opinion in part on Santini's 'rap sheet.'
"Dr. Kalish explained that the rap sheet showed 'extensive prior contacts with law enforcement' before the 2005 accident and that if the charges against Santini were related to his injury, one would not expect to see 'similar behavior' before the accident."
Santini's attorneys argued Kalish's testimony was unfairly prejudicial to the defense.
"Dr. Kalish admitted on cross-examination that he found the rap sheet hard to understand, and his report relaying the information contained in the rap sheet did not distinguish among arrests, convictions, or other 'contacts' with law enforcement," according to the ruling.
"The rap sheet itself was not admitted into the record or examined by the district court. The defense also argued that this particular rap sheet was unreliable because it listed multiple allegations arising from the same incident as separate contacts."
As a result, "We conclude that it was an abuse of discretion to allow the government to introduce evidence of Santini's prior 'law enforcement contacts.'
"Because this error was not harmless, we VACATE Santini's conviction and REMAND to the district court for a new trial."
COMMENTS
SurfPuppy619 Sept. 14, 2011 @ 5:22 p.m.
"Dr. Kalish admitted on cross-examination that he found the rap sheet hard to understand, and his report relaying the information contained in the rap sheet did not distinguish among arrests, convictions, or other 'contacts' with law enforcement," according to the ruling. "
How on earth could there be an ASUA in this country that is this stoopid????? Allowing a hired gun to make reference to ANY alleged criminal act without going over it specifically with the prosecuting attorney BEFORE trial is Crim law 101. Heck, you cannot EVEN MENTION a MURDER!!! conviction if it is over 10 years old-and this hired gun is bring up "contacts" and "arrests"???? Please.
The AUSA should be fired for incompetence.
MARK KALISH WORKED THIS CASE ALSO:
$4 million verdict for wrongful death on dangerous roadway.
San Diego County
Judge: Hon. Earl H. Maas, III
Date of Jury Verdict: March 29, 2012
Date Action was Filed: 29 September 2010
Case Name: Keith Schultz, Tobie Deala v. County of San Diego.
Active-duty marine, age 22, loses control on wet roadway and hits telephone pole. Ongoing problem of flooding on road as well as decedent's driving and state of mind (attentiveness) while driving are examined in trial against county.
Trial Time: 9 days
Jury Deliberation Time: 2 days
Gross Verdict: $4,000,000 ($2,000,000 to each plaintiff)
Settlements:
San Luis Rey Downs Enterprise LLC (golf course) - Settlement: $200,000 prior to trial
San Diego Gas & Electric Company (owner of the utility pole which decedent struck) - Settlement: $100,000 prior to trial
Attorney(s) for Plaintiff:
Booth & Koskoff by Roger E. Booth, Torrance
Attorney(s) for Defendant:
Office of County Counsel by George W. Brewster, Jr., San Diego
Defendant's Medical Experts: Mark A. Kalish, M.D., psychiatry, San Diego
Plaintiff's Technical Experts:
Charles Dickerson, accident reconstruction, Mesa, AZ
Richard F. Ryan, highway design, Vancouver, WA
Defendant's Technical Experts:
Glenn Follen, tire performance, Austin TX
Arnold A. Johnson, traffic engineering, Fair Oaks
Jene Lyle, hydrology, Irvine
Arnold W. Siegel, accident reconstruction, Encino
Date and place of incident: April 22, 2010/Camino del Rey in Bonsall, San Diego County.
Facts: When driving home from work at Camp Pendleton, 22 year-old Marine Corporal Samantha Schultz collided into a utility pole on Camino del Rey in Bonsall. She died the next day as a result of her injuries...
Plaintiff's Contentions:
That the crash which caused the death of plaintiffs' daughter was due to a dangerous condition of public property, namely flooding on Camino del Rey, a road owned and maintained by Defendant County of San Diego.
The county and the owner of an adjacent golf course (Defendant San Luis Rey Downs) had been in discussions for over four years about this flooding issue and how to solve it. As there was a history of at least 15-20 hydroplaning crashes at or near the location, plaintiffs contended that the county had notice of the foreseeable risk and hazard and should have remedied the situation...
Accident reconstructionist testified that decedent was traveling between 55 and 65 mph, accelerated into the curve and may have made a panic turn when she saw a large truck coming toward her in the curve.
Defense psychiatrist [Mark Kalish] testified that text messages sent by the decedent on the day of the crash, describing her emotional turmoil over a breakup with her boyfriend and mentioning a medical procedure for cervical cancer that she underwent earlier on the day of the crash, substantiated she was distracted emotionally and was inattentive in her driving. Further, that she had been seen for mental health on the day of the accident and went to the pharmacy to pick up medications.
Plaintiff §998 Demand: $1,300,000 ($650,000 to each plaintiff)
Defendant §998 Offer: $100,000 ($50,000 to each plaintiff)
The Rest of the Story
According to plaintiffs' counsel, although the defense expert psychiatrist centered much testimony on the likely distracted mental state of the decedent and the resultant inattentiveness in driving, her commanding officer testified that decedent never let her personal life affect her ability to do her difficult job as a Marine.
Dr. Mark A. Kalish, MD
Forensic Psychiatry, Board Certified
Male, Age 60
Graduated 1977, Northwestern University The Feinberg School Of Medicine
Kalish Wilson and Carroll Mds
3131 Camino del Rio N Suite 270
San Diego, CA 92108
Matt Potter
September 14, 2011
A psychiatrist's testimony about an alleged pot smuggler's "rap sheet" has resulted in reversal by the U.S. Ninth District Court of Appeals of defendant Brad Ray Santini's San Diego federal district court conviction for attempting to cross the border at Calexico in September 2008 with 28 kilograms of marijuana stashed in the rear seat and spare tire of his Jeep Cherokee.
"Santini's defense at trial was that someone else had placed the marijuana in his car without his knowledge," according to the ruling by the appellate court's three judge panel.
"The defense claimed that Santini may have been tricked, arguing that he was easy to manipulate due to a traumatic brain injury he had suffered in 2005.
"Dr. Dean Delis, a clinical psychologist, testified that Santini had suffered 'a severe traumatic brain injury' and that tests showed Santini 'has permanent cognitive deficits' as a result. Dr. Delis explained that Santini's type of injury can cause difficulty with 'social perception of other people.'
"The government sought to rebut this testimony by presenting its own expert, psychiatrist Dr. Mark Kalish.
"Dr. Kalish testified that his evaluation did not show that Santini's brain injury made him more vulnerable to manipulation. Dr. Kalish based this opinion in part on Santini's 'rap sheet.'
"Dr. Kalish explained that the rap sheet showed 'extensive prior contacts with law enforcement' before the 2005 accident and that if the charges against Santini were related to his injury, one would not expect to see 'similar behavior' before the accident."
Santini's attorneys argued Kalish's testimony was unfairly prejudicial to the defense.
"Dr. Kalish admitted on cross-examination that he found the rap sheet hard to understand, and his report relaying the information contained in the rap sheet did not distinguish among arrests, convictions, or other 'contacts' with law enforcement," according to the ruling.
"The rap sheet itself was not admitted into the record or examined by the district court. The defense also argued that this particular rap sheet was unreliable because it listed multiple allegations arising from the same incident as separate contacts."
As a result, "We conclude that it was an abuse of discretion to allow the government to introduce evidence of Santini's prior 'law enforcement contacts.'
"Because this error was not harmless, we VACATE Santini's conviction and REMAND to the district court for a new trial."
COMMENTS
SurfPuppy619 Sept. 14, 2011 @ 5:22 p.m.
"Dr. Kalish admitted on cross-examination that he found the rap sheet hard to understand, and his report relaying the information contained in the rap sheet did not distinguish among arrests, convictions, or other 'contacts' with law enforcement," according to the ruling. "
How on earth could there be an ASUA in this country that is this stoopid????? Allowing a hired gun to make reference to ANY alleged criminal act without going over it specifically with the prosecuting attorney BEFORE trial is Crim law 101. Heck, you cannot EVEN MENTION a MURDER!!! conviction if it is over 10 years old-and this hired gun is bring up "contacts" and "arrests"???? Please.
The AUSA should be fired for incompetence.
MARK KALISH WORKED THIS CASE ALSO:
$4 million verdict for wrongful death on dangerous roadway.
San Diego County
Judge: Hon. Earl H. Maas, III
Date of Jury Verdict: March 29, 2012
Date Action was Filed: 29 September 2010
Case Name: Keith Schultz, Tobie Deala v. County of San Diego.
Active-duty marine, age 22, loses control on wet roadway and hits telephone pole. Ongoing problem of flooding on road as well as decedent's driving and state of mind (attentiveness) while driving are examined in trial against county.
Trial Time: 9 days
Jury Deliberation Time: 2 days
Gross Verdict: $4,000,000 ($2,000,000 to each plaintiff)
Settlements:
San Luis Rey Downs Enterprise LLC (golf course) - Settlement: $200,000 prior to trial
San Diego Gas & Electric Company (owner of the utility pole which decedent struck) - Settlement: $100,000 prior to trial
Attorney(s) for Plaintiff:
Booth & Koskoff by Roger E. Booth, Torrance
Attorney(s) for Defendant:
Office of County Counsel by George W. Brewster, Jr., San Diego
Defendant's Medical Experts: Mark A. Kalish, M.D., psychiatry, San Diego
Plaintiff's Technical Experts:
Charles Dickerson, accident reconstruction, Mesa, AZ
Richard F. Ryan, highway design, Vancouver, WA
Defendant's Technical Experts:
Glenn Follen, tire performance, Austin TX
Arnold A. Johnson, traffic engineering, Fair Oaks
Jene Lyle, hydrology, Irvine
Arnold W. Siegel, accident reconstruction, Encino
Date and place of incident: April 22, 2010/Camino del Rey in Bonsall, San Diego County.
Facts: When driving home from work at Camp Pendleton, 22 year-old Marine Corporal Samantha Schultz collided into a utility pole on Camino del Rey in Bonsall. She died the next day as a result of her injuries...
Plaintiff's Contentions:
That the crash which caused the death of plaintiffs' daughter was due to a dangerous condition of public property, namely flooding on Camino del Rey, a road owned and maintained by Defendant County of San Diego.
The county and the owner of an adjacent golf course (Defendant San Luis Rey Downs) had been in discussions for over four years about this flooding issue and how to solve it. As there was a history of at least 15-20 hydroplaning crashes at or near the location, plaintiffs contended that the county had notice of the foreseeable risk and hazard and should have remedied the situation...
Accident reconstructionist testified that decedent was traveling between 55 and 65 mph, accelerated into the curve and may have made a panic turn when she saw a large truck coming toward her in the curve.
Defense psychiatrist [Mark Kalish] testified that text messages sent by the decedent on the day of the crash, describing her emotional turmoil over a breakup with her boyfriend and mentioning a medical procedure for cervical cancer that she underwent earlier on the day of the crash, substantiated she was distracted emotionally and was inattentive in her driving. Further, that she had been seen for mental health on the day of the accident and went to the pharmacy to pick up medications.
Plaintiff §998 Demand: $1,300,000 ($650,000 to each plaintiff)
Defendant §998 Offer: $100,000 ($50,000 to each plaintiff)
The Rest of the Story
According to plaintiffs' counsel, although the defense expert psychiatrist centered much testimony on the likely distracted mental state of the decedent and the resultant inattentiveness in driving, her commanding officer testified that decedent never let her personal life affect her ability to do her difficult job as a Marine.
Dr. Mark A. Kalish, MD
Forensic Psychiatry, Board Certified
Male, Age 60
Graduated 1977, Northwestern University The Feinberg School Of Medicine
Kalish Wilson and Carroll Mds
3131 Camino del Rio N Suite 270
San Diego, CA 92108
Friday, August 17, 2012
Why judges hand down shorter sentences to convicted psychopaths when their behavior is blamed on the brain
I'm afraid these judges aren't thinking through the actual effect on behavior of being a psychopath. Being a psychopath only means that a person doesn't have empathy.
These judges and prosecutors should read The Psychopath Test by Jon Ronson. It's hilarious at the same time as being highly informative about an important phenomenon.
It doesn't make anyone WANT to do anything. That's a whole separate ball game. Certainly, most psychopaths aren't interested in murdering anyone, or having sex with children. That's a completely separate mental condition that usually experienced by people who aren't psychopaths.
Horrible things happen, however, when psychopaths WANT to do bad things. These Psychopaths can't blame their motivations on their lack of empathy. While it's true that psychopaths have one less mechanism to control their own behavior, they still have the ability to figure out that they may get caught and punished if they commit a crime. Surely that part of their brain is telling them not to commit a crime.
Also, many psychopaths have brains that are guided by moral principles, and that part of their brain is also telling them not to commit a crime. They may not feel empathy, but they know the difference between right and wrong. They simply can't truthfully say that their brain made them do it.
My Brain Made Me Do It: Psychopaths and Free Will
Why judges hand down shorter sentences to convicted psychopaths when their behavior is blamed on the brain
By MAIA SZALAVITZ
August 17, 2012
TIME
Should murderous psychopaths be punished less severely if their behavior can be blamed on brain differences or genes? Or, conversely, should their sentence be longer precisely because their biology makes them even more intractable and dangerous than other criminals?
A new study published in Science explored these questions by asking judges to impose a prison term on a hypothetical convict. When the judges were initially told that the offender was a psychopath, they tended to consider it an aggravating factor in sentencing, but when they heard additional expert testimony that biological factors could explain the guilty man’s behavior, they saw that information as mitigating and handed down a shorter sentence.
The impact of such expert testimony depended in part on whether the biological arguments came from the defense or the prosecution — it influenced judges’ reasoning more when it was delivered by the defense. But, overall, judges still levied lengthy sentences for the crime and viewed the convict as morally and legally responsible for his behavior: they reduced prison time only by a year, from 13.93 years on average to 12.83, when considering brain or genetic explanations for the convict’s behavior.
“The judges did not let the defendant off,” said lead author Lisa Aspinwall of the University of Utah in a statement. “They just reduced the sentence and showed major changes in the quality of their reasoning.” The researchers noted that they were surprised the judges reduced their sentencing at all, considering that they were dealing with psychopaths who are in general a highly unsympathetic bunch.
(MORE: Which Kids Join Gangs? A Genetic Explanation)
The hypothetical case used in the new study was loosely based on the 1994 trial of Mobley v. State. In 1991, Stephen Mobley robbed a
Stephen A. Mobley, 39, was convicted of murder and sentenced to death for fatally shooting 24-year-old John Collins in Oakwood, Ga, during a robbery of a Domino's on Feb. 17, 1991.
Domino’s pizza shop in Georgia, during the course of which he shot the restaurant’s manager to death; at trial, his attorney attempted to present evidence showing that Mobley had a variant of a gene linked to violent behavior: the MAO-A or so-called warrior gene.
Because the scientific data on MAO-A was so new at the time, however, the judge rejected its use in court and Mobley was executed in 2005. But since then, research has supported the link between the gene and violence, and studies have found that men who have the gene and are abused as children are significantly more likely to display antisocial behavior.
In the new study, researchers tweaked the hypothetical case to eliminate the murder; instead, the defendant was convicted of aggravated battery for savagely beating a fast-food restaurant manager with a gun during a robbery attempt and causing permanent brain damage. By taking murder off the table — and therefore the death penalty or a life sentence — the researchers compelled the judges to consider the future dangerousness of a criminal who could eventually be set free. Researchers presented one of four versions of the hypothetical case to 181 judges in 19 states. In all versions, judges read scientific evidence that the convicted criminal was a psychopath and what that meant, namely that psychopathy is incurable. Half of the judges also received expert testimony on the genetic and neurobiological causes of the criminal behavior, presented either by the defense as a mitigating factor, or by the prosecution, which argued that it should increase the convict’s sentence. The other judges got no mention of the idea that biological differences in the convict’s brain could have caused his behavior. Researchers controlled for the fact that different states have different sentencing laws.
The judges who were given a biological explanation for the convict’s psychopathy issued shorter sentences, but notably, all judges committed the criminal to significantly more prison time than their average nine years for aggravated battery. And while all judges viewed psychopathy as an aggravating factor in sentencing, the judges who heard evidence about the genetic and neurobiological causes of the condition from the defense reported viewing it as less aggravating. Nearly 9 in 10 judges listed at least one aggravating factor in their reasoning for their sentence, but when they heard the expert testimony from the defense, the percentage of judges who also listed mitigating factors rose from 30% to 66%. And judges who received this evidence were 2.5 times more likely than other judges to report actually having weighed aggravating versus mitigating factors in deciding their sentence.
(MORE: Understanding Psychopathic and Sadistic Minds)
The expert testimony offered in the study described how the MAO-A gene affects the amydgala, a part of the brain involved in emotion and learning. The amygdala is the seat of the so-called violence-inhibition mechanism, which is what triggers anxiety in normal people when they recognize that others are in pain or distress. People with low MAO-A activity, like the convicted psychopath, don’t experience normal brain development, however; that may explain why psychopaths are incapable of responding to the fear and pain of others with normal distress. Ultimately, the testimony argued, because of their genetic and brain-related differences, psychopaths don’t undergo functional moral development and fail to learn right from wrong.
Interestingly, however, even though the judges handed out reduced sentences when presented with this expert testimony, they did not report viewing the convict as having less free will or as being any less responsible, legally or morally, for his crime. “What this tells me is that the effect of neuroscience evidence may operate at a non-conscious level. People think it does not affect their judgment of responsibility, but in fact it does,” says Barry Schwartz, professor of psychology at Swarthmore, who has researched this issue, but was not involved in the study.
It is this basic question of responsibility that many psychologists find crucial — and that so many people misunderstand. “There is a lot of interest these days in the implications of neuroscience for justice and the legal system. Some of this interest focuses on the radical notion that neuroscience undermines the very idea of personal responsibility,” says Martha Farah, director of the Center for Neuroscience and Society at the University of Pennsylvania, who was also not associated with the new study. “The idea is that, since everything I do results from my brain, and my brain is the product of my genes and my life experiences, then how can you hold me responsible for anything? Isn’t it always true that ‘my brain made me do it?’”
Indeed, earlier studies have shown that when participants are presented with neuroscientific evidence in cases involving people who have caused harm or behaved violently, they see it as far more mitigating than psychological factors like child abuse — even though research now shows that brain differences themselves can actually be caused by such abuse and that child abuse is more strongly linked with violence than most neurobiological factors.
Schwartz and a colleague described their findings on such research in a recent New York Times op-ed:
The pattern of results was striking. A brain characteristic that was even weakly associated with violence led people to exonerate the protagonist more than a psychological factor that was strongly associated with violent acts. … In contrast, while psychologically damaging experiences like childhood abuse often elicited sympathy for the protagonist and sometimes even prompted considerable mitigation of blame, the participants still saw the protagonist’s behavior as intentional. The protagonist himself was twisted by his history of trauma; it wasn’t just his brain.
The problem here, however, is that all of our psychology and behavior has a biological cause, even if we don’t understand exactly how it works. As Schwartz put it, “’Was the cause psychological or biological?’ is the wrong question when assigning responsibility for an action. All psychological states are also biological ones.”
Schwartz called the new study “terrific,” noting in particular that hearing evidence of biological causes of behavior had a larger impact on how mitigating the judges considered the convict’s psychopathy than on the actual sentences they handed down. Among the mitigating factors that judges cited after hearing the neurobiological evidence was the idea that mental illness made the perpetrator less responsible for his behavior.
As one judge in the study explained: “The evidence that psychopaths do not have the necessary neural connections to feel empathy is significant. It makes possible an argument that psychopaths are, in a sense, morally disabled, just as other people are physically disabled.”
(MORE: Study: 1 in 25 Business Leaders May Be Psychopaths)
Consequently, as Schwartz says, “If you sentence to punish, it will reduce sentencing. But if you sentence to protect society, it may well increase sentencing, by implying that the perpetrator is incorrigible.”
“This is not the grand, metaphysical, ‘We are all helpless to override the inevitable workings of our brains’ idea that neuroscience is incompatible with moral or legal responsibility,” says Farah....
Read more: http://healthland.time.com/2012/08/17/my-brain-made-me-do-it-psychopaths-and-free-will/?xid=gonewsedit&google_editors_picks=true#ixzz23r4KWxtZ
These judges and prosecutors should read The Psychopath Test by Jon Ronson. It's hilarious at the same time as being highly informative about an important phenomenon.
It doesn't make anyone WANT to do anything. That's a whole separate ball game. Certainly, most psychopaths aren't interested in murdering anyone, or having sex with children. That's a completely separate mental condition that usually experienced by people who aren't psychopaths.
Horrible things happen, however, when psychopaths WANT to do bad things. These Psychopaths can't blame their motivations on their lack of empathy. While it's true that psychopaths have one less mechanism to control their own behavior, they still have the ability to figure out that they may get caught and punished if they commit a crime. Surely that part of their brain is telling them not to commit a crime.
Also, many psychopaths have brains that are guided by moral principles, and that part of their brain is also telling them not to commit a crime. They may not feel empathy, but they know the difference between right and wrong. They simply can't truthfully say that their brain made them do it.
My Brain Made Me Do It: Psychopaths and Free Will
Why judges hand down shorter sentences to convicted psychopaths when their behavior is blamed on the brain
By MAIA SZALAVITZ
August 17, 2012
TIME
Should murderous psychopaths be punished less severely if their behavior can be blamed on brain differences or genes? Or, conversely, should their sentence be longer precisely because their biology makes them even more intractable and dangerous than other criminals?
A new study published in Science explored these questions by asking judges to impose a prison term on a hypothetical convict. When the judges were initially told that the offender was a psychopath, they tended to consider it an aggravating factor in sentencing, but when they heard additional expert testimony that biological factors could explain the guilty man’s behavior, they saw that information as mitigating and handed down a shorter sentence.
The impact of such expert testimony depended in part on whether the biological arguments came from the defense or the prosecution — it influenced judges’ reasoning more when it was delivered by the defense. But, overall, judges still levied lengthy sentences for the crime and viewed the convict as morally and legally responsible for his behavior: they reduced prison time only by a year, from 13.93 years on average to 12.83, when considering brain or genetic explanations for the convict’s behavior.
“The judges did not let the defendant off,” said lead author Lisa Aspinwall of the University of Utah in a statement. “They just reduced the sentence and showed major changes in the quality of their reasoning.” The researchers noted that they were surprised the judges reduced their sentencing at all, considering that they were dealing with psychopaths who are in general a highly unsympathetic bunch.
(MORE: Which Kids Join Gangs? A Genetic Explanation)
The hypothetical case used in the new study was loosely based on the 1994 trial of Mobley v. State. In 1991, Stephen Mobley robbed a
Stephen A. Mobley, 39, was convicted of murder and sentenced to death for fatally shooting 24-year-old John Collins in Oakwood, Ga, during a robbery of a Domino's on Feb. 17, 1991.
Domino’s pizza shop in Georgia, during the course of which he shot the restaurant’s manager to death; at trial, his attorney attempted to present evidence showing that Mobley had a variant of a gene linked to violent behavior: the MAO-A or so-called warrior gene.
Because the scientific data on MAO-A was so new at the time, however, the judge rejected its use in court and Mobley was executed in 2005. But since then, research has supported the link between the gene and violence, and studies have found that men who have the gene and are abused as children are significantly more likely to display antisocial behavior.
In the new study, researchers tweaked the hypothetical case to eliminate the murder; instead, the defendant was convicted of aggravated battery for savagely beating a fast-food restaurant manager with a gun during a robbery attempt and causing permanent brain damage. By taking murder off the table — and therefore the death penalty or a life sentence — the researchers compelled the judges to consider the future dangerousness of a criminal who could eventually be set free. Researchers presented one of four versions of the hypothetical case to 181 judges in 19 states. In all versions, judges read scientific evidence that the convicted criminal was a psychopath and what that meant, namely that psychopathy is incurable. Half of the judges also received expert testimony on the genetic and neurobiological causes of the criminal behavior, presented either by the defense as a mitigating factor, or by the prosecution, which argued that it should increase the convict’s sentence. The other judges got no mention of the idea that biological differences in the convict’s brain could have caused his behavior. Researchers controlled for the fact that different states have different sentencing laws.
The judges who were given a biological explanation for the convict’s psychopathy issued shorter sentences, but notably, all judges committed the criminal to significantly more prison time than their average nine years for aggravated battery. And while all judges viewed psychopathy as an aggravating factor in sentencing, the judges who heard evidence about the genetic and neurobiological causes of the condition from the defense reported viewing it as less aggravating. Nearly 9 in 10 judges listed at least one aggravating factor in their reasoning for their sentence, but when they heard the expert testimony from the defense, the percentage of judges who also listed mitigating factors rose from 30% to 66%. And judges who received this evidence were 2.5 times more likely than other judges to report actually having weighed aggravating versus mitigating factors in deciding their sentence.
(MORE: Understanding Psychopathic and Sadistic Minds)
The expert testimony offered in the study described how the MAO-A gene affects the amydgala, a part of the brain involved in emotion and learning. The amygdala is the seat of the so-called violence-inhibition mechanism, which is what triggers anxiety in normal people when they recognize that others are in pain or distress. People with low MAO-A activity, like the convicted psychopath, don’t experience normal brain development, however; that may explain why psychopaths are incapable of responding to the fear and pain of others with normal distress. Ultimately, the testimony argued, because of their genetic and brain-related differences, psychopaths don’t undergo functional moral development and fail to learn right from wrong.
Interestingly, however, even though the judges handed out reduced sentences when presented with this expert testimony, they did not report viewing the convict as having less free will or as being any less responsible, legally or morally, for his crime. “What this tells me is that the effect of neuroscience evidence may operate at a non-conscious level. People think it does not affect their judgment of responsibility, but in fact it does,” says Barry Schwartz, professor of psychology at Swarthmore, who has researched this issue, but was not involved in the study.
It is this basic question of responsibility that many psychologists find crucial — and that so many people misunderstand. “There is a lot of interest these days in the implications of neuroscience for justice and the legal system. Some of this interest focuses on the radical notion that neuroscience undermines the very idea of personal responsibility,” says Martha Farah, director of the Center for Neuroscience and Society at the University of Pennsylvania, who was also not associated with the new study. “The idea is that, since everything I do results from my brain, and my brain is the product of my genes and my life experiences, then how can you hold me responsible for anything? Isn’t it always true that ‘my brain made me do it?’”
Indeed, earlier studies have shown that when participants are presented with neuroscientific evidence in cases involving people who have caused harm or behaved violently, they see it as far more mitigating than psychological factors like child abuse — even though research now shows that brain differences themselves can actually be caused by such abuse and that child abuse is more strongly linked with violence than most neurobiological factors.
Schwartz and a colleague described their findings on such research in a recent New York Times op-ed:
The pattern of results was striking. A brain characteristic that was even weakly associated with violence led people to exonerate the protagonist more than a psychological factor that was strongly associated with violent acts. … In contrast, while psychologically damaging experiences like childhood abuse often elicited sympathy for the protagonist and sometimes even prompted considerable mitigation of blame, the participants still saw the protagonist’s behavior as intentional. The protagonist himself was twisted by his history of trauma; it wasn’t just his brain.
The problem here, however, is that all of our psychology and behavior has a biological cause, even if we don’t understand exactly how it works. As Schwartz put it, “’Was the cause psychological or biological?’ is the wrong question when assigning responsibility for an action. All psychological states are also biological ones.”
Schwartz called the new study “terrific,” noting in particular that hearing evidence of biological causes of behavior had a larger impact on how mitigating the judges considered the convict’s psychopathy than on the actual sentences they handed down. Among the mitigating factors that judges cited after hearing the neurobiological evidence was the idea that mental illness made the perpetrator less responsible for his behavior.
As one judge in the study explained: “The evidence that psychopaths do not have the necessary neural connections to feel empathy is significant. It makes possible an argument that psychopaths are, in a sense, morally disabled, just as other people are physically disabled.”
(MORE: Study: 1 in 25 Business Leaders May Be Psychopaths)
Consequently, as Schwartz says, “If you sentence to punish, it will reduce sentencing. But if you sentence to protect society, it may well increase sentencing, by implying that the perpetrator is incorrigible.”
“This is not the grand, metaphysical, ‘We are all helpless to override the inevitable workings of our brains’ idea that neuroscience is incompatible with moral or legal responsibility,” says Farah....
Read more: http://healthland.time.com/2012/08/17/my-brain-made-me-do-it-psychopaths-and-free-will/?xid=gonewsedit&google_editors_picks=true#ixzz23r4KWxtZ
Monday, July 02, 2012
Probation Fees Rise, Firms Profit and the Poor Go to Jail
It looks like poor people are going to jail because bankers caused a financial crisis. Hmmmm.
Probation Fees Rise, Firms Profit and the Poor Go to Jail
By ETHAN BRONNER
The New York Times
July 2, 2012
CHILDERSBURG, Ala. — Three years ago, Gina Ray, who is now 31 and unemployed, was fined $179 for speeding. She failed to show up at court (she says the ticket bore the wrong date), so her license was revoked. When she was next pulled over, she was, of course, driving without a license. By then her fees added up to more than $1,500. Unable to pay, she was handed over to a private probation company and jailed — charged an additional fee for each day behind bars.
Richard Earl Garrett is the lead plaintiff in the class actionsuit against the town of Harpersville, Ala. Mr. Garrett has spent a total of 24 months in jail and owes $10,000, all for traffic and license violations that began a decade ago.
For that driving offense, Ms. Ray has been locked up three times for a total of 40 days and owes $3,170, much of it to the probation company. Her story, in hardscrabble, rural Alabama, where Krispy Kreme promises that “two can dine for $5.99,” is not about innocence. It is, rather, about the mushrooming of fines and fees levied by money-starved towns across the country and the for-profit businesses that administer the system. The result is that growing numbers of poor people, like Ms. Ray, are ending up jailed and in debt for minor infractions.
“With so many towns economically strapped, there is growing pressure on the courts to bring in money rather than mete out justice,” said Lisa W. Borden, a partner in Baker, Donelson, Bearman, Caldwell & Berkowitz, a large law firm in Birmingham, Ala., who has spent a great deal of time on the issue. “The companies they hire are aggressive. Those arrested are not told about the right to counsel or asked whether they are indigent or offered an alternative to fines and jail. There are real constitutional issues at stake.”
Half a century ago in a landmark case, the Supreme Court ruled that those accused of crimes had to be provided a lawyer if they could not afford one. But in misdemeanors, the right to counsel is rarely brought up, even though defendants can run the risk of jail...
Probation Fees Rise, Firms Profit and the Poor Go to Jail
By ETHAN BRONNER
The New York Times
July 2, 2012
CHILDERSBURG, Ala. — Three years ago, Gina Ray, who is now 31 and unemployed, was fined $179 for speeding. She failed to show up at court (she says the ticket bore the wrong date), so her license was revoked. When she was next pulled over, she was, of course, driving without a license. By then her fees added up to more than $1,500. Unable to pay, she was handed over to a private probation company and jailed — charged an additional fee for each day behind bars.
Richard Earl Garrett is the lead plaintiff in the class actionsuit against the town of Harpersville, Ala. Mr. Garrett has spent a total of 24 months in jail and owes $10,000, all for traffic and license violations that began a decade ago.
For that driving offense, Ms. Ray has been locked up three times for a total of 40 days and owes $3,170, much of it to the probation company. Her story, in hardscrabble, rural Alabama, where Krispy Kreme promises that “two can dine for $5.99,” is not about innocence. It is, rather, about the mushrooming of fines and fees levied by money-starved towns across the country and the for-profit businesses that administer the system. The result is that growing numbers of poor people, like Ms. Ray, are ending up jailed and in debt for minor infractions.
“With so many towns economically strapped, there is growing pressure on the courts to bring in money rather than mete out justice,” said Lisa W. Borden, a partner in Baker, Donelson, Bearman, Caldwell & Berkowitz, a large law firm in Birmingham, Ala., who has spent a great deal of time on the issue. “The companies they hire are aggressive. Those arrested are not told about the right to counsel or asked whether they are indigent or offered an alternative to fines and jail. There are real constitutional issues at stake.”
Half a century ago in a landmark case, the Supreme Court ruled that those accused of crimes had to be provided a lawyer if they could not afford one. But in misdemeanors, the right to counsel is rarely brought up, even though defendants can run the risk of jail...
Saturday, June 09, 2012
Former Culpeper, Va., police officer charged with murder was hired despite objections
Former Culpeper, Va., police officer charged with murder was hired despite objections
By Justin Jouvenal
June 8, 2012
A former Culpeper, Va., police officer charged with killing a Sunday school teacher was hired despite the objections of superiors who said his excessive drinking and attitude made him a poor choice, prosecution filings show.
Daniel Harmon-Wright, 32, had also been disciplined as an officer, including once for forcing his way into a home and brandishing his weapon without probable cause or a warrant, according to a prosecution motion in opposition to his request for bond.
The details emerged Friday as the Gainesville resident was granted a $100,000 bond by a Culpeper judge. He is facing a murder charge and three other charges in the shooting of Patricia Cook, 54, of Culpeper while responding to a suspicious-person call in February.
“Two officials after a full background [check] recommended that Mr. Harmon-Wright not be hired as a police officer,” special prosecutor James Fisher told reporters after the hearing. “That was, of course, overturned.”
Harmon-Wright says he shot the woman in self-defense, opening fire after she trapped his fingers in the window of her Jeep Wrangler and began driving erratically across the parking lot of a Catholic school in Culpeper, according to his motion for bond.
Harmon-Wright claims he fired more shots into the back of the Wrangler after it made a left turn because a sunscreen blocked Cook’s front windshield and she posed a danger to pedestrians.
“She couldn’t see where she was going, and she was accelerating on a residential street,” said Daniel L. Hawes, Harmon-Wright’s attorney.
A photograph included in the prosecution’s motion shows three bullet holes in the driver’s seat of Cook’s Wrangler, including one in the headrest.
Harmon-Wright, a five-year veteran of the force, was hired in 2006. During a background check, Harmon-Wright told police officials that he had been disciplined for excessive drinking in the Marine Crops and had driven under the influence of alcohol three months before his interview, according to prosecution filings. It’s not clear why Harmon-Wright was hired despite the objections of two police officials.
Bethany Sullivan, Harmon-Wright’s mother and an administrative assistant to the former Culpeper police chief, has been charged with forging Harmon-Wright’s entrance exam for the Town of Culpeper and one of his annual reviews.
Harmon-Wright was disciplined in connection with a 2011 incident in which he chased a 15-year-old boy after a suspicious-person report, prosecution filings show. The officer started banging on the door of a home after receiving a tip that the boy lived there.
When a woman answered, Harmon-Wright demanded that she leave, prosecutors said in the filing. Harmon-Wright entered the house and brandished his gun in the face of the woman’s 18-year-old son, according to the filing.
It turned out that the boy he was chasing was not in the home and had not committed a crime, but was on his way to school, according to the filings.
By Justin Jouvenal
June 8, 2012
A former Culpeper, Va., police officer charged with killing a Sunday school teacher was hired despite the objections of superiors who said his excessive drinking and attitude made him a poor choice, prosecution filings show.
Daniel Harmon-Wright, 32, had also been disciplined as an officer, including once for forcing his way into a home and brandishing his weapon without probable cause or a warrant, according to a prosecution motion in opposition to his request for bond.
The details emerged Friday as the Gainesville resident was granted a $100,000 bond by a Culpeper judge. He is facing a murder charge and three other charges in the shooting of Patricia Cook, 54, of Culpeper while responding to a suspicious-person call in February.
“Two officials after a full background [check] recommended that Mr. Harmon-Wright not be hired as a police officer,” special prosecutor James Fisher told reporters after the hearing. “That was, of course, overturned.”
Harmon-Wright says he shot the woman in self-defense, opening fire after she trapped his fingers in the window of her Jeep Wrangler and began driving erratically across the parking lot of a Catholic school in Culpeper, according to his motion for bond.
Harmon-Wright claims he fired more shots into the back of the Wrangler after it made a left turn because a sunscreen blocked Cook’s front windshield and she posed a danger to pedestrians.
“She couldn’t see where she was going, and she was accelerating on a residential street,” said Daniel L. Hawes, Harmon-Wright’s attorney.
A photograph included in the prosecution’s motion shows three bullet holes in the driver’s seat of Cook’s Wrangler, including one in the headrest.
Harmon-Wright, a five-year veteran of the force, was hired in 2006. During a background check, Harmon-Wright told police officials that he had been disciplined for excessive drinking in the Marine Crops and had driven under the influence of alcohol three months before his interview, according to prosecution filings. It’s not clear why Harmon-Wright was hired despite the objections of two police officials.
Bethany Sullivan, Harmon-Wright’s mother and an administrative assistant to the former Culpeper police chief, has been charged with forging Harmon-Wright’s entrance exam for the Town of Culpeper and one of his annual reviews.
Harmon-Wright was disciplined in connection with a 2011 incident in which he chased a 15-year-old boy after a suspicious-person report, prosecution filings show. The officer started banging on the door of a home after receiving a tip that the boy lived there.
When a woman answered, Harmon-Wright demanded that she leave, prosecutors said in the filing. Harmon-Wright entered the house and brandished his gun in the face of the woman’s 18-year-old son, according to the filing.
It turned out that the boy he was chasing was not in the home and had not committed a crime, but was on his way to school, according to the filings.
Wednesday, May 30, 2012
Rookie Cop Reportedly Berated, Called 'A Rat' For Arresting Off-Duty Officer
Rookie Cop Reportedly Berated, Called 'A Rat' For Arresting Off-Duty Officer
By David Schepp
AOL News
May 30th 2012
Toronto police officer Andrew Vanderburgh felt he was doing the right thing more than two years ago when he arrested an off-duty fellow officer for drunk driving.
But after the Nov. 28, 2009 arrest, Vanderburgh was "harassed and berated" by fellow officers for seemingly violating an unwritten code among officers to remain loyal to each other, the Toronto Star reports. Other officers reportedly called Vanderburgh names, including "rat."
The off-duty cop, Breton Berthiaume, was charged with impaired driving and having a blood alcohol level of more than 0.08 percent, according to an internal police disciplinary ruling.
Berthiaume reportedly had been driving erratically when Vanderburgh (pictured above) pulled him over. The arresting officer then took Berthiaume to the nearest police station where his blood alcohol level could be tested.
Some officers witnessing the arrest "took exception to a police officer being charged or investigated," prosecutor Mary-Anne Mackett told a court that heard Berthiaume's case this week.
A judge who previously ruled in the case in a pre-trial hearing said that an officer witnessing the incident "refused to assist Constable Vanderburgh in the arrest and preparation of paperwork at [the police station]."
Later that evening another officer, James Little, followed Vanderburgh as he left the station in his patrol car and pulled him over for purportedly running a red light, giving him a ticket.
The ticket was eventually dismissed and Little pleaded guilty to "discreditable conduct" and was ordered to forfeit 20 days' pay.
Two other officers, including a staff sergeant who failed to intervene during Little's retaliatory action, were also disciplined and were docked as much as 20 days' pay.
By David Schepp
AOL News
May 30th 2012
Toronto police officer Andrew Vanderburgh felt he was doing the right thing more than two years ago when he arrested an off-duty fellow officer for drunk driving.
But after the Nov. 28, 2009 arrest, Vanderburgh was "harassed and berated" by fellow officers for seemingly violating an unwritten code among officers to remain loyal to each other, the Toronto Star reports. Other officers reportedly called Vanderburgh names, including "rat."
The off-duty cop, Breton Berthiaume, was charged with impaired driving and having a blood alcohol level of more than 0.08 percent, according to an internal police disciplinary ruling.
Berthiaume reportedly had been driving erratically when Vanderburgh (pictured above) pulled him over. The arresting officer then took Berthiaume to the nearest police station where his blood alcohol level could be tested.
Some officers witnessing the arrest "took exception to a police officer being charged or investigated," prosecutor Mary-Anne Mackett told a court that heard Berthiaume's case this week.
A judge who previously ruled in the case in a pre-trial hearing said that an officer witnessing the incident "refused to assist Constable Vanderburgh in the arrest and preparation of paperwork at [the police station]."
Later that evening another officer, James Little, followed Vanderburgh as he left the station in his patrol car and pulled him over for purportedly running a red light, giving him a ticket.
The ticket was eventually dismissed and Little pleaded guilty to "discreditable conduct" and was ordered to forfeit 20 days' pay.
Two other officers, including a staff sergeant who failed to intervene during Little's retaliatory action, were also disciplined and were docked as much as 20 days' pay.
Saturday, May 26, 2012
Bite mark, DNA tie LAPD detective to 1986 murder
The husband of the dead woman was strangely quiet about this case. Perhaps he felt guilt for being the cause of the killer's jealousy.
May 26, 2012
Bite mark, DNA tie LAPD detective to 1986 murder
Produced by Ira Sutow, Taigi Smith, Greg Fisher, Avi Cohen and Linda Martin
[This story originally aired on May 22, 2010.]
(CBS)
The arrest of a cop was shocking news in the City of Angels.
It wasn't just any cop. Stephanie Lazarus was a well respected, highly decorated female detective with the Los Angeles Police Department. And it wasn't just a minor crime. She was charged with the murder of Sherri Rasmussen, a young nurse, 23 years after the killing.
"A Los Angeles police officer arrested for murder is just - it's a bombshell! I mean, you just don't get those kinda cases," Andrew Blankstein said. "People were really stunned by this."
Blankstein and Joel Rubin cover the police beat for the Los Angeles Times and are consultants to "48 Hours Mystery".
"Nobody saw this coming. Nobody says she was a cop that they saw on the edge," Rubin explained. "As far as we can tell, people in the department saw her as, you know, a cop's cop, a good cop."
"She's been a longtime patrol detective," Blankstein added. "She was with the art theft detail in commercial crimes...which is theft of high-end art in L.A .And in doing those kind of investigations... it gets a lot of press, a lot of attention... If the police and prosecutors are going to be believed, she's harboring a secret about murder for 23 years!"
At first glance, Stephanie Lazarus has no obvious connection to the victim in this murder case - Sherri Rasmussen, a highly regarded nursing administrator.
Sherri came from a very close-knit family. Her parents, Nels and Loretta Rasmussen, adored their three daughters and their growing family.
"Sherri was the glue that held the family together all the time... and made everything that much better," Sherri's younger sister, Teresa, told "48 Hours Mystery" correspondent Maureen Maher.
But in February 1986, Sherri would be attacked, beaten and shot to death in her Los Angeles home.
"We were an ordinary family, you know... You never think something like this is gonna happen to you," said Teresa. She says she never could have anticipated that only just now - more than 20 years after her sister's murder - there's been arrest.
"It doesn't make the pain any less," she said. "You start the grieving process all over again, one more time."
The pain is most obvious when the family visits Sherri's grave.
"I don't believe that you can understand the grief ... a part of your life has just been taken away forever," Nels Rasmussen told Maher in an exclusive interview.
Her parents say Sherri excelled at everything she did. She became a nurse when she was only 20. At age 27, she was named director of critical care nursing at Glendale Adventist Medical Center, where she sometimes lectured.
"She liked taking care of people and making sure things were done right, that people were cared for properly," said Loretta Rasmussen.
"She said, 'I'm gonna elevate the stature of nursing in the nation,'" Nels recalled. "And she was on her way."
On top of a successful career, in early 1986, Sherri was extraordinarily happy, having just married the man she loved. Her new husband was John Ruetten, a young engineer she'd met in 1984.
As it would turn out, Ruetten was the single link to the woman accused of murdering his new bride.
That is because Stephanie Lazarus was Ruetten's ex-girlfriend. And according to Sherri's friends and family, Lazarus was not willing to give up the man she'd first met in college several years before the murder.
"Sherri was competition," Teresa said. "If she could get Sherri outta the way, then possibly John would be free to be with her again."
Ruetten is the one who discovered his wife's body.
"He was in a daze," Teresa explained. "He was sort of the deer in the headlights look, you know?"
John Ruetten had little to say publicly after his wife's murder in 1986.
He briefly addressed mourners at a hospital memorial service for Sherri, telling them, "I just want to thank you all for coming and I want you to know that Sherri was the best professional in the world - she was the best wife that anybody could ever have."
"To me, he's kind of a central character that we really know the least about," said Blankstein.
"There's a lot of questions left unanswered," added Rubin.
Questions like: what did John Ruetten know? Or suspect? He says that early on, he told detectives to talk to his ex-girlfriend - an LAPD cop.
"John is really the only person that has this connection to both women that can tell us what was going on to some extent?" Maher asked Rubin.
"You would think, yeah," he replies.
But police were off chasing other leads, and Sherri's friend, Jayne Goldberg, says that Ruetten just quietly faded out of sight, leaving her quite angry.
"I would have expected that John would have been much more involved in the investigation...and demand answers," she said.
Especially, as months - and then years - went by with no resolution to the case.
"He should have been her advocate. She would have been his," Goldberg said. "Why wasn't he camped outside the police station? I don't understand it!"...
Produced by Ira Sutow, Taigi Smith, Greg Fisher, Avi Cohen and Linda Martin
[This story originally aired on May 22, 2010.]
(CBS)
The arrest of a cop was shocking news in the City of Angels.
It wasn't just any cop. Stephanie Lazarus was a well respected, highly decorated female detective with the Los Angeles Police Department. And it wasn't just a minor crime. She was charged with the murder of Sherri Rasmussen, a young nurse, 23 years after the killing.
"A Los Angeles police officer arrested for murder is just - it's a bombshell! I mean, you just don't get those kinda cases," Andrew Blankstein said. "People were really stunned by this."
Blankstein and Joel Rubin cover the police beat for the Los Angeles Times and are consultants to "48 Hours Mystery".
"Nobody saw this coming. Nobody says she was a cop that they saw on the edge," Rubin explained. "As far as we can tell, people in the department saw her as, you know, a cop's cop, a good cop."
"She's been a longtime patrol detective," Blankstein added. "She was with the art theft detail in commercial crimes...which is theft of high-end art in L.A .And in doing those kind of investigations... it gets a lot of press, a lot of attention... If the police and prosecutors are going to be believed, she's harboring a secret about murder for 23 years!"
At first glance, Stephanie Lazarus has no obvious connection to the victim in this murder case - Sherri Rasmussen, a highly regarded nursing administrator.
Sherri came from a very close-knit family. Her parents, Nels and Loretta Rasmussen, adored their three daughters and their growing family.
"Sherri was the glue that held the family together all the time... and made everything that much better," Sherri's younger sister, Teresa, told "48 Hours Mystery" correspondent Maureen Maher.
But in February 1986, Sherri would be attacked, beaten and shot to death in her Los Angeles home.
"We were an ordinary family, you know... You never think something like this is gonna happen to you," said Teresa. She says she never could have anticipated that only just now - more than 20 years after her sister's murder - there's been arrest.
"It doesn't make the pain any less," she said. "You start the grieving process all over again, one more time."
The pain is most obvious when the family visits Sherri's grave.
"I don't believe that you can understand the grief ... a part of your life has just been taken away forever," Nels Rasmussen told Maher in an exclusive interview.
Her parents say Sherri excelled at everything she did. She became a nurse when she was only 20. At age 27, she was named director of critical care nursing at Glendale Adventist Medical Center, where she sometimes lectured.
"She liked taking care of people and making sure things were done right, that people were cared for properly," said Loretta Rasmussen.
"She said, 'I'm gonna elevate the stature of nursing in the nation,'" Nels recalled. "And she was on her way."
On top of a successful career, in early 1986, Sherri was extraordinarily happy, having just married the man she loved. Her new husband was John Ruetten, a young engineer she'd met in 1984.
As it would turn out, Ruetten was the single link to the woman accused of murdering his new bride.
That is because Stephanie Lazarus was Ruetten's ex-girlfriend. And according to Sherri's friends and family, Lazarus was not willing to give up the man she'd first met in college several years before the murder.
"Sherri was competition," Teresa said. "If she could get Sherri outta the way, then possibly John would be free to be with her again."
Ruetten is the one who discovered his wife's body.
"He was in a daze," Teresa explained. "He was sort of the deer in the headlights look, you know?"
John Ruetten had little to say publicly after his wife's murder in 1986.
He briefly addressed mourners at a hospital memorial service for Sherri, telling them, "I just want to thank you all for coming and I want you to know that Sherri was the best professional in the world - she was the best wife that anybody could ever have."
"To me, he's kind of a central character that we really know the least about," said Blankstein.
"There's a lot of questions left unanswered," added Rubin.
Questions like: what did John Ruetten know? Or suspect? He says that early on, he told detectives to talk to his ex-girlfriend - an LAPD cop.
"John is really the only person that has this connection to both women that can tell us what was going on to some extent?" Maher asked Rubin.
"You would think, yeah," he replies.
But police were off chasing other leads, and Sherri's friend, Jayne Goldberg, says that Ruetten just quietly faded out of sight, leaving her quite angry.
"I would have expected that John would have been much more involved in the investigation...and demand answers," she said.
Especially, as months - and then years - went by with no resolution to the case.
"He should have been her advocate. She would have been his," Goldberg said. "Why wasn't he camped outside the police station? I don't understand it!"...
Thursday, May 10, 2012
Tattoo in sheriff's deputy clique may have celebrated shootings, sources say
Tattoo in sheriff's deputy clique may have celebrated shootings, sources say
By Robert Faturechi
Los Angeles Times
May 9, 2012
The investigation into a secret clique within the Los Angeles County sheriff's elite gang unit has uncovered allegations that members had matching tattoos of a gun-toting skeleton, which deputies would modify to celebrate their involvement in a shooting, according to sources close to the internal probe.
One deputy, who has admitted belonging to a clique called the "Jump Out Boys," has identified about half a dozen other deputies as members, one source confirmed. Those men are expected to be summoned for interviews with internal affairs investigators, the source said.
Suspicion about the group's existence was sparked several weeks ago when a supervisor discovered a pamphlet laying out the group's creed, which promoted aggressive policing and portrayed officer shootings in a positive light.
The pamphlet was found in the vehicle used by the deputy who acknowledged his association with the clique, according to sources who requested anonymity because they were not authorized to speak about the ongoing investigation.
Days after The Times reported on the discovery of the pamphlet, the captain of the division gathered his deputies for a private briefing, during which he told them they had shamed the department by forming the group and urged those responsible to identify themselves, a source with knowledge of the unit's inner workings said.
At some point, one deputy came forward, and he has since named about six others, the source said.
Internal affairs investigators are trying to determine whether the deputies violated Sheriff's Department rules or committed serious misconduct.
The deputies under scrutiny all work on the Gang Enforcement Team, a unit divided into two platoons of relatively autonomous deputies whose job is to target neighborhoods where gang violence is high, locate armed gang members and take their guns away.
The design of the tattoo, confirmed by two sources, includes an oversize skull with a wide, toothy grimace and glowing red eyes. A bandanna wraps around the skull, imprinted with the letters "OSS" — representing Operation Safe Streets, the name of the larger unit that the Gang Enforcement Team is part of. A bony hand clasps a revolver. Investigators suspect that smoke is tattooed over the gun's barrel after a member is involved in a shooting.
To the left of the skull are two playing cards — an ace and an eight — apparently an allusion to the "dead man's" poker hand, sources said.
One source compared the notion of modifying the tattoo after a shooting to a celebratory "high five."
Celebrating shootings and sporting matching tattoos were hallmarks of anti-gang officers in the LAPD's troubled Rampart Division in the late 1990s.
A corruption scandal erupted after one disgraced officer implicated himself and others in covering up bad shootings, planting evidence, falsifying reports and perjuring themselves to rid the streets of gang members and drug dealers.
By Robert Faturechi
Los Angeles Times
May 9, 2012
The investigation into a secret clique within the Los Angeles County sheriff's elite gang unit has uncovered allegations that members had matching tattoos of a gun-toting skeleton, which deputies would modify to celebrate their involvement in a shooting, according to sources close to the internal probe.
One deputy, who has admitted belonging to a clique called the "Jump Out Boys," has identified about half a dozen other deputies as members, one source confirmed. Those men are expected to be summoned for interviews with internal affairs investigators, the source said.
Suspicion about the group's existence was sparked several weeks ago when a supervisor discovered a pamphlet laying out the group's creed, which promoted aggressive policing and portrayed officer shootings in a positive light.
The pamphlet was found in the vehicle used by the deputy who acknowledged his association with the clique, according to sources who requested anonymity because they were not authorized to speak about the ongoing investigation.
Days after The Times reported on the discovery of the pamphlet, the captain of the division gathered his deputies for a private briefing, during which he told them they had shamed the department by forming the group and urged those responsible to identify themselves, a source with knowledge of the unit's inner workings said.
At some point, one deputy came forward, and he has since named about six others, the source said.
Internal affairs investigators are trying to determine whether the deputies violated Sheriff's Department rules or committed serious misconduct.
The deputies under scrutiny all work on the Gang Enforcement Team, a unit divided into two platoons of relatively autonomous deputies whose job is to target neighborhoods where gang violence is high, locate armed gang members and take their guns away.
The design of the tattoo, confirmed by two sources, includes an oversize skull with a wide, toothy grimace and glowing red eyes. A bandanna wraps around the skull, imprinted with the letters "OSS" — representing Operation Safe Streets, the name of the larger unit that the Gang Enforcement Team is part of. A bony hand clasps a revolver. Investigators suspect that smoke is tattooed over the gun's barrel after a member is involved in a shooting.
To the left of the skull are two playing cards — an ace and an eight — apparently an allusion to the "dead man's" poker hand, sources said.
One source compared the notion of modifying the tattoo after a shooting to a celebratory "high five."
Celebrating shootings and sporting matching tattoos were hallmarks of anti-gang officers in the LAPD's troubled Rampart Division in the late 1990s.
A corruption scandal erupted after one disgraced officer implicated himself and others in covering up bad shootings, planting evidence, falsifying reports and perjuring themselves to rid the streets of gang members and drug dealers.
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