Archive for the ‘Legal’ Category

 

Prep School Teacher Caught with Kiddie Porn

Tuesday, August 24th, 2010

Cited: Daily News

According to the feds on August 13, a prep school teacher was accused of the possession of kiddie porn. Apparently, a massive amount was discovered on his computer during the investigation as well as 43 CDs with illicit pictures and videos of children engaged in sexual acts with in the home of a 28-year-old teachers, John E. Thomas, Harlem home.

He was to begin teaching Fifth Grade at the Bank Street School for Children in the fall; he had taught for the past three years at Horace Mann and Friend’s Seminary before that.

He’s been a camp counselor at the prestigious 92nd Street Y this summer and had clothed snapshots of children at his camp on his computer. The porn featured children around the same ages of those he taught and counseled. Parents of kids at the camp were horrified.

“It’s awful!” said Yessenia Matos, 34, as she picked up her 9-year-old daughter. “There’s a lot of sick people out there…. It’s so scary.”

Thomas was charged in Manhattan federal court with possessing child porn and released on $50,000 bail. He is also accused of swapping images with others.

Thomas appeared in court wearing a white T-shirt and dark blue shorts and was surrounded by friends and relatives, including his mother.

“This is not him. He has never been in trouble before,” said a pal who declined to give her name.

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Prosecutors argued that Thomas should submit to electronic monitoring to make sure he stays away from kids.

“There are kids everywhere and it’s to keep him away from kids,” said Assistant U.S. Attorney Andrew Bauer. “The danger here is not just his employment, there are playgrounds everywhere.”

Thomas’ lawyer Michael Hurwitz stressed that his client had never been accused of molesting children.

“Mr. Thomas has been a teacher for five years and there have been no allegations of acts like this,” he said. “The charges are severe indeed but they are limited to viewing.”

Judge Gabriel Gorenstein rejected the request for monitoring, but ordered that Thomas “avoid anywhere where children congregate.”

In a statement from the 92nd Street Y school, a spokeswoman stated that they conduct background checks and evaluate all counselors every year.

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My Take: I hope that this is one of those cases where the teacher was actually trying to catch perverts to protect his students. However, from the news reports, it doesn’t look too good for the teacher. Maybe teachers should pass some kind of a psychological exam to find out if they have is types of tendencies.

One thing is for sure, if the man is married, he will probably need a Bergen County NJ divorce attorney or a Nashville TN divorce lawyer. Not many marriages survive this type of charge. He will probably need Nashville bankruptcy attorneys before his case is over just so he can pay the attorneys fees. And if we goes through a divorce he will probably need a Bergen County New Jersey collaborative lawyer to save some money for his attorney’s fees.

This is one of those legal situations that hit a person from all sides as it should. I would love to be a Los Angeles court reporter just to hear what his statement is about that kiddie porn on his computer. Los Angeles court reporting can be a very interesting job. The only problem with it is you can’t tell your friends about what you hear.

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Judge Walker’s Sexual Orientation in Question

Thursday, August 19th, 2010

Cited: Daily News

People are so angry they are now judging the judge will upended California’s same-sex marriage ban this week. They are scrutinizing his sexual life implying that he is gay himself. This raises another question, while his sexual orientation even matter?

The whole issue has created a rather muddled and finger-pointing debate in newspapers and the blogosphere, as angry supporters of the gay marriage ban argue that Chief U.S. District Judge Vaughn Walker did not act impartially.

But some experts say his private life doesn’t matter.

Larry Levine, a professor at the McGeorge School of Law in Sacramento told the Sacramento Bee that Walker’s sexuality doesn’t—or shouldn’t— make a difference.

“I think it’s profoundly offensive to suggest that a judge who is not of the sexual orientation of the majority or the race of the majority or the religion of the majority is unfit to hear the case,” he told the newspaper.

“Are they saying that an African American judge can never rule on an affirmative action case and a Muslim can never rule on a case dealing with religious expression?”

The San Francisco Chronicle said the judge being gay is “the biggest open secret” in a column, although Walker himself hasn’t addressed the speculation about his sexual orientation.

Nonetheless, supporters of the gay marriage ban are outraged.

“Here we have an openly gay federal judge,” Maggie Gallagher, chairwoman of The National Organization for Marriage, who advocated for Proposition 8, told the Associated Press. She said the judge was “substituting his views for those of the American people”

Some are saying Walker should have addressed his sexuality before the trial, and Bryan Fischer, issues director for the American Family Association, is urging members to contact their political representatives to impeach the court proceedings.

On Wednesday, Walker ruled the voter-enacted ban, known as Proposition 8 “singles out gays and lesbians and legitimates their unequal treatment.”

The ban was passed in 2008 in a narrowly passed referendum five months after the state Supreme Court legalized gay marriage. The case is expected to head to the 9th U.S. District Court of Appeals.

Walker, 65, was born in Watseka, Ill. President Ronald Reagan initially nominated him, but he wasn’t confirmed until 1989 by George H.W. Bush. The New York Times described him as an “independent-minded conservative” who has come out in favor of the legalization of drugs and once ruled in the mid-90s that the cops used reasonable force when they pepper sprayed anti-logging protesters.

Having previously been denounced by feminist and gay-rights groups for being a member of a private club that only recently allowed blacks to join is ironic. However, the verdict on this controversy is still out.

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My Take: If the judge is homosexual, it should make any difference. Because that would bring up a whole other can of worms that might state aid female judge is harsher on rapists than male judges. Or maybe that it lawyer should be able to defend someone because they have experienced what the defendant has experienced. For example, New York City car accidents lawyer or even LA injury attorneys should represent someone who has been in a car accident because they have been one himself. I know I may be splitting hairs but really, his sexual orientation should have nothing to do with. Talk about discrimination!

One thing I do know about this gay marriage situation is at Bergen County divorce attorney will probably be getting more clients just as any New Jersey divorce lawyer would. Gay marriages will have the same problems as heterosexual marriages will. Of course, homosexual marriages may not have to worry too much about prom dresses or tuxedos because not many will be having children the natural. Although, some will be able to adopt, this is only natural.

Then again, many lesbians will be buying formal dresses for their weddings and possibly some gay guys as well. I for one do not see any problem with gay marriages. I am a firm believer in what goes on behind closed doors stays behind closed doors and is nobody else’s business.

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Sheriff Joe Arpaio Faces off with DOJ

Thursday, August 19th, 2010

Cited: Time

Arizona’s hard-edged Sheriff Joe Arpaio is infamous for dressing inmates in pink underwear and for boasting an all-female chain gang. He is loved by conservatives and hated by immigration rights groups. He has become famous because of the heated immigration controversy that is putting Arizona in the news. Supposedly, somebody has made a threat against the sheriff’s life and it is putting him in the news as well. Arpaio claims that a Mexican drug cartel has placed a $1 million bounty on his head according to a text message tree.

Some people are skeptical, as Arpaio is known for his constant appetite for publicity. (Even though he is not up for election this year, he is running a re-election ad.) Cartels are an Arizona hot-button, but they have not been a primary target of Arpaio’s. In the past few years his office has arrested 35,889 undocumented immigrants, compared with only 303 “coyotes,” the popular name for operators of human-smuggling rings. No one has publicly confirmed that the threat is actually from a cartel, and no information has been released on how the cartel phone number was traced, but sheriff’s-department officials say the threat originated from a Mexican throw-away phone.

The death threat isn’t the only controversy swirling around Arpaio. The U.S. Justice Department has been investigating the controversial Arizona sheriff since March 2009, when Phoenix Mayor Phil Gordon wrote to the DOJ accusing Arpaio of “a pattern and practice of conduct that includes discriminatory harassment, improper stops, searches and arrests.” That same month, officers booked an undocumented Hispanic woman on false identification charges, tried to force her fingerprint on a voluntary removal order, and broke her arm in the process.

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This week the DOJ gave Arpaio an ultimatum: hand over the documents requested last year for alleged racial discrimination charges, or be sued. Claiming that Arpaio has provided all the requested Title VI documents, Robert Driscoll, Arpaio’s attorney, told Fox News that racial profiling charges won’t stand on Arpaio: “Could there be a police operation that is more transparent than Sheriff Arpaio’s office?” he said. And yet, Arpaio’s office admitted in February to destroying records and office emails about his crime sweeps.

In the meantime, Arpaio stays focused on the death threat and not the DOJ lawsuit. However, it is strange the sheriff has not asked the FBI to help investigate the threat. Nor has the sheriff’s office asked T-Mobile for assistance in tracking the texted threat. T-Mobile is supposedly the carrier of the phone that received the threat. In fact, TIME was the first to inform T-Mobile of the issue, according to Patty Raz. Raz also stated that T-Mobile has not received any request from any law enforcement agency about this issue. “We would work with them if they contacted us, of course,” Raz stated.

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My Take: I am one of those that oppose Sheriff Joe Arpaio. In my opinion, he is an arrogant son of a bitch! I have heard stories of people who’ve been around him and seen what he does when he is not in the spotlight. I have heard stories of how he gets special sports tickets to Arizona games. How he transports his wife’s catering business to appropriate addresses for her. I cannot substantiate any of this because they are all rumors. But when you hear the sheriff got the best concert tickets available more than once, it’s hard not to believe rumors like this.

It is possible that through the all the investigations that are going on pages might need a Monmouth County criminal defense lawyer. I doubt that any intelligent Arizona lawyer would offer to defend. Supposedly, the sheriff is then spending money he shouldn’t. Maybe he should get some NY income tax accountants to double-check all of his expenses.

However, I must admit that his work against drunk driving has caused many people to hire a Monmouth County DUI Attorney. And his work against illegal immigrants has been good as well. Then again, he has to do something good doubt we would have done that is bad. Just make this clear, these are my opinions and I am entitled to them.

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CA Proposition 8 Headed to Supreme Court

Thursday, August 19th, 2010

Cited: ABC News

On August 4 a, federal district judge came down with a ruling on California’s gay marriage debate that will open a salvo legal debates that will be headed to the US Supreme Court. Both sides are now holding their arguments that they hope will ultimately sway the justices will have the final say in the debate.

U.S. District Court Judge Vaughn Walker’s opinion stated that the state’s same-sex marriage ban amounts to unconstitutional discrimination and should be immediately struck down. He later issued a stay on the order overturning Proposition 8 to allow supporters of the measure to argue why the ban should remain in effect while they pursue an appeal.

“We have other battles ahead of us,” said former Bush administration Solicitor General Theodore Olson, who joined former counsel for Al Gore in the 2000 election, David Boies, in opposing Proposition 8.

“Ted and I have a deal — He is going to get the five justices that were for him in Bush v. Gore and I’m going to get the 4 justices that were with me in Bush v. Gore,” Boies joked Wednesday.

Supporters of the California same-sex marriage ban acknowledged Judge Walker’s decision was not unexpected and conceded prospects that it will be reversed by the Ninth Circuit Court of Appeals also looked uncertain. But they are holding out hope for the Supreme Court.

“Let’s not lose sight of the fact that this case is headed for the U.S. Supreme Court, where the right of states to define marriage as being between one man and one woman will be affirmed,” said Maggie Gallagher, chair of the National Organization for Marriage.

When the case reaches the high court, Justice Anthony Kennedy could become the swing vote on a bench narrowly divided by liberals and conservatives, court observers say.

“It has been Justice Anthony Kennedy at the center of a very sharply polarized four-four court who has consistently been over the years a very strong voice on gay rights,” Slate’s Dahlia Lithwick pointed out on “Good Morning America” today.

“He’s been careful to say, ‘This doesn’t mean I’m for gay marriage, by the way.’ But time after time, he’s not just been the fifth vote for anti-discrimination principles, but he’s also been a strong vote for things like dignity and humanity and the right to choose your own lifestyle,” she said.

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Still, how Kennedy or the other eight justices will vote is only speculation. The court does generally have a record of not making rulings that are contrary to majority public opinion.

A California Field poll of registered voters last month found that 51% support legalizing gay marriage with 42% opposed.

But nationwide public views are more narrowly divided, according to the most recent ABC News/Washington Post poll. Of Americans polled, 47%, favor gay marriage while 50% are opposed.

Judge Walker Calls Marriage Ban an “Artifact”

In his decision Walker sharply criticized the voter-approved Proposition 8 as rooted in “unfounded stereotypes and prejudices.”

“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license,” wrote Walker in his 136-page decision. “Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples.”

The controversial ballot measure was launched in response to a state supreme court decision allowing gays and lesbians to wed. The proposition passed with 52% of the vote in November 2008.

“With a stroke of his pen, Judge Walker has overruled the votes and values of 7 million Californians who voted for marriage as one man and one woman,” said Brian Brown, president of the National Organization for Marriage, in a statement Wednesday.

Lawyers supporting the ballot measure had argued that voters endorsed a “fundamental, definitional feature” of marriage that has historical roots “in this country and, almost without exception, in every civilized society that has ever existed.”

But Walker found the plaintiffs in the case — one lesbian and one gay couple — demonstrated by “overwhelming evidence” that Proposition 8 violates their rights to due process and equal protection under the Constitution.

“Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples,” wrote Judge Walker.

Geoff Kors, executive director for Equality California, which filed an amicus brief supporting the Prop. 8 federal challenges, say gay couples across the state were “thrilled” by the ruling. “Judge Walker has preserved our democracy by ruling that a majority cannot deny a minority group of fundamental freedoms,” he said.

The verdict will now be appealed to the Ninth Circuit Court of Appeals and may ultimately reach the U.S. Supreme Court, where experts say a decision could transform social and legal precedent. They compare the potential impact to the famous 1954 Brown v. Board of Education decision, which desegregated schools, and the 1967 Loving v. Virginia decision, which ended laws banning interracial marriage.

In the continental United States, 5 states, Massachusetts, Iowa, Connecticut, Vermont and New Hampshire as well as the District of Columbia, currently allow same-sex marriages. And an additional 4 states recognize same-sex marriages that are performed in other states. And still 9 other states now grant civil unions or partnerships.

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My Take: I am one of the millions that have no problem with same-sex marriages. In fact, from what I understand, they go through all the same turmoil as heterosexual marriages. This is one of those political frameworks of keeping religion and government separate. The government should not impose religious habits, you will, such as matrimony on same-sex partners.

Allowing same-sex marriages can also help businesses, for example San Diego CA wedding flowers businesses will see an increase in their business because more people are getting married. Same goes for San Diego CA wedding chair covers businesses. The same goes for jewelry store businesses. They will be selling more rings and in turn will be able to increase their jewelry display lighting to highlight more wedding related jewelry. And those businesses that supply jewelry lighting fixtures will also increase their business.

Another business that would improve would be wedding photographers and videographers. They would be making more with every DVD copy they make. CD duplication will also increase as people choose their wedding music.

However, instead of looking at the benefits that same-sex marriages can bring to the economy, people are looking at all the negative aspects. They think that same-sex marriages are going to make people turn evil and against God. Those people that think this way really do not have very good faith in my opinion. They need to strengthen their faith and stop messing with other people’s lives! And no, I am not a homosexual. I am a healthy heterosexual female!

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Trip to Six Flags Ends Tragedy

Thursday, August 12th, 2010

Cited: ABC News

On their way to Six Flags amusement park, 2 groups of children into school buses collided with a tractor-trailer on a Missouri highway August 5, killing 2 people and injuring almost 50 others. According to Sergeant Dan Crain of the Missouri State Highway Patrol, the collision occurred about 10:15 in the morning as a tractor with no trailer was rear-ended by a pickup. Apparently, the tractor had slowed because of highway construction.

Katherine Shaelford, driver of the first school bus carrying the camp’s female members, had taken her “eyes off the road” to check her mirrors so she could shift into the left lane when she failed to notice the accident, said Crain. That bus then crashed into the pick-up truck, pushing it up and over the tractor.

The second bus carrying the male campers, driven by Kelly McCennis-Mullenix, then struck the first bus, pushing it on top of the tractor and the pick-up truck.

The student who was killed in the crash has been identified by a relative as Jessica Brinker. According to Corporal Jeff Wilson of the Missouri State Highway Patrol, Brinker was sitting in the last seat of the first bus, the point at which the second bus crashed into the first. Brinker had celebrated her sixteenth birthday on June 30.

In a Facebook page dedicated to Brinker, a friend posted, “She was the most funniest girl to be around!! always rockin the knee high sock…we love you Jessica R.I.P.”

Crain said the second fatality, believed to be male, was the driver of the pickup truck. The driver of the tractor has been taken to a hospital for observations.

“The vehicles are all attached to each other, we’re attempting to pull them apart now,” said Crain.

When the vehicles were pried apart, the pickup truck was so badly crushed that it was barely recognizable as a truck.

“It was just, evacuate, get away from the scene,” said Kolby Griffith, who played cymbos in the band, describing the scene after the accident.

The students, high schoolers from John F. Hodge High School in Missouri’s St. James High School District, were members of a band. Griffith’s father, Rocky, described the group as tight-knit, having played together for years.

Joy Tucker, the superintendent of the St. James school system, said the entire town was devastated.

“It’s been a horrible, horrible day in our community, and we’ll never get over this,” Tucker said.

The posted speed limit on Interstate 44 is 70 mph. Crain said it was not yet clear how fast the drivers were going and whether they had been speeding at the time of the accident.

Only eight of the victims had injuries serious enough to warrant taking an ambulance to a hospital, said Crain.

It was the last day of band camp and the children were on the annual end-of-camp trip to a Six Flags amusement park when the collision occurred about an hour from the school.

School Buses Collide With Pick-Up and Tractor

It was not immediately clear whether there were seatbelts on the buses.

Under Missouri law it is up to each individual school district to determine if they want to put seatbelts on buses over 10,000 pounds – which both of these buses were.

The National Highway Traffic Safety Administration does not require seatbelts for larger school buses, believing the bus design – with high back, padded seats – offers enough good protection. A few years ago, the requirement for the seat height was increased from 20 to 24 inches to improve “compartmentalization.”

NHTSA did, in 2008, “encourage” districts to put in seatbelts if they had the financial wherewithal and felt it was a good safety move.

The district’s buses have been recently inspected in anticipation of the start of the school year, according to Missouri State Highway Patrol. One bus failed the inspection, but with a minor problem that was fixed on the spot.

Thirty-five of the children on the buses were being transferred to Cardinal Glennon Children’s Medical Center in St. Louis for treatment. None of those children are believed to have serious injuries.

“They are all listed as green patients, which means they have light injuries and most of them are up and walking around,” said Mary Aita, public relations officer for the hospital.

One child initially being transported to Glennon was rerouted to St. Louis Children’s Hospital. Aita speculated that it may be because the individual was more seriously injured. Four other students were transported to St. John’s Mercy Hospital. Their condition is unknown.

The crash occurred on Interstate 44 near Gray Summit, which is about 40 miles southeast of St. Louis.

By standards could see rescue ladders leaning into the windows of the buses as traffic backed up on the highway for 10 miles after the crash. FMCSA, Federal Motor Carrier Safety Administration, had Representatives heading to or already on the scene of the crash. FMCSA overseas commercial trucking.

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My Take: As a school bus driver, she should know never to take her eyes off the road for any reason. It’s even worse that one of the kids has died. My condolences go out to the parents of that young girl. If police find anything wrong, that bus drivers going to need to talk to criminal lawyer Denver CO. It is also very possible that the parents of those children will be contacted Texas personal injury attorney.

This is just the kind of car accident that a Texas car accident law firm loves to get a hold of. The worst thing in this whole thing is it some of these parents or the driver will be talking to divorce lawyers Denver CO. Accidents like this, along with lawsuits, have a tendency to tear families apart or bring them together. Hopefully, the families will come together and help each other instead of divorcing.

The parents of the deceased girl might be contacting a TX wrongful death attorney if they believe their child could’ve been saved if there had been seatbelts in the bus. A Texas tractor-trailer accident attorney would be able to explain everything to these parents and what they should do. Hopefully they will contact one.

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Elena Kagan is New Supreme Court Justice

Thursday, August 12th, 2010

Cited: AP

On August 5, 2010 the Senate confirmed Elena Kagan as the new Chief Justice to the Supreme Court, which makes her the 4th woman to ever serve as a justice. The vote occurred during the final business before a month-long recess and was divided largely along party lines. There were 63 senators have endorsed President Obama 2nd court pick and 37 opposed.

Kagan watched the televised vote with her colleagues at the Justice Department, while Obama received word of the confirmation in Chicago, where he has spent the past two days.

“Today’s vote wasn’t just an affirmation of Elena’s intellect and accomplishments. It was also an affirmation of her character and her temperament; her open-mindedness and even-handedness; her determination to hear all sides of every story and consider all possible arguments,” the president said after the vote.

Kagan’s ascension to the bench is expected to preserve the court’s ideological balance following liberal Justice John Paul Stevens’ retirement. It also marks the first time three female justices will sit on the high court at the same time.

Nearly all Republicans and one Democrat, Nebraska Sen. Ben Nelson, opposed Kagan, who had been the Obama administration’s solicitor general. Nelson is the first to break with his party on an Obama Supreme Court pick.

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All Democrats and nine Republicans voted for Justice Sonia Sotomayor.

While Kagan’s confirmation had not been in doubt, both parties used fierce political debate over the nominee in recent weeks to air their differences ahead of the November midterm elections.

Republicans sought to cast Kagan as a political activist with insufficient legal or judicial experience to serve on the nation’s highest court. They also targeted her decision as dean of Harvard Law School to bar military recruiters from the campus career center because of opposition to the “don’t ask, don’t tell” policy.

Some Republican leaders and conservative interest groups also warned lawmakers over Kagan’s anti-gun, pro-abortion views.

“Be careful about it, because I’m afraid that we have a dangerous, progressive, political-type nominee,” said Alabama Sen. Jeff Sessions in a floor speech last week. “I don’t think the American people are going to hold harmless those who vote to impose a legal progressive, activist legislator from the bench upon them.”

But Democrats, who have been concerned about conservative “activism” from the bench, say Kagan will be a mainstream, moderate voice on controversial topics such as campaign finance reform and employment discrimination.

“She gives balance to the court. I think she’ll follow in the best traditions of Justice Stephens,” said Maryland Democrat Sen. Ben Cardin on “Top Line.” “I think she’ll bring the type of leadership on the Supreme Court that will help ordinary Americans with their fight against big government and special interests.”

Majority of Americans Backed Kagan

While Kagan does not have any judicial experience, her supporters have lauded her record outside the courtroom as solicitor general for the Obama administration, former dean of Harvard Law School and a staff attorney in the Clinton administration.

“Ms. Kagan’s remarkable legal and academic career demonstrates her intellectual capacity to serve on the court,” said Maine Republican Sen. Susan Collins. “Her writings, testimony, and my discussions with her all demonstrate not only a sweeping knowledge of the law, but also a love for the law, a passion for judicial reasoning.”

The latest ABC News/Washington Post poll finds a 53% majority of Americans support Kagan’s nomination – a similar level of support shown for previous successful nominees. Although, 22% said they had no opinion, up four points from a month earlier.

At age 50, Kagan will become the Supreme Court’s 100th associate justice when she is sworn in on Saturday, August 7, afternoon by Chief Justice John Roberts during the ceremony.

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My Take: I think we will one day have 9 women on the bench of the Supreme Court. Maybe the next Justice will be a Philadelphia PA criminal attorney or maybe a West Palm Beach FL business litigation Attorney wherever the lawyer comes from, I think it will be a woman. It is only natural, women are becoming more aggressive in many careers.

More family attorneys are now women, because women are just a little bit more sympathetic than men. Women even now taking up the job of a Philadelphia civil litigation lawyer because they are also be more cut throat. I doubt that you will ever see West Palm Beach Florida personal injury attorneys or even a Bucks County drunk driving attorney sitting on the Supreme Court bench.

I actually think that the next Justice will be one of the many Bucks County Philadelphia criminal lawyers. What better place for Justice to come from in the city of brotherly love? However, that’s my opinion and I’m entitled to it!

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Landmark Election in Japan

Thursday, September 17th, 2009

Cited: AFP

After a historical general election, Japan’s incoming leaders met the outgoing government to start a power transition after winning by a landslide, as a poll indicates 75% of people have high expectations of them. Prime Minister Taro Aso’s Liberal Democratic Party (LDP) lost to the center-left Democratic Party of Japan (DPJ) after decades of almost continuous one-party dominance. Yukio Hatoyama, DPJ leader, is set to become prime minister on September 16. He promises to name his cabinet within 24 hours. Soon after that he will be off to the United Nations to meet world leaders in the general assembly.

To pave the way for a smooth change of government — Japan’s first since the early 1990s — outgoing Chief Cabinet Secretary Takeo Kawamura, a close aide to Aso, met DPJ secretary general Katsuya Okada on Wednesday.

“I asked the chief cabinet secretary to tell ministries and agencies to provide us with information and broad cooperation” on issues from the economy to tackling swine flu, Okada told reporters after meeting Kawamura.

Kawamura, the top government spokesman, said the current rulers would meet their responsibility and ensure a smooth transition of power.

“Since Japan does not have rules on government transitions, unlike the United States or Britain, we think this is the first step to make them,” Kawamura said before the meeting.

“We will of course cooperate on a new government for the sake of the country and in the national interest.”

Premier-in-waiting Hatoyama, 62, plans to shape the next government in a coalition with two smaller parties — the Social Democrats and a tiny group of LDP defectors known as the People’s New Party. The three groups held working-level talks to coordinate policies.

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“Naturally, the key is how well we can coordinate our policies,” Hatoyama told a gathering of his supporters.

“I expect a coalition among the three parties will be finalized in due time,” he said.

Hatoyama also met representatives on Wednesday from the Japanese Trade Union Confederation, or Rengo, a national umbrella organisation of labour unions which has been a strong support base for the DPJ. The DPJ and Rengo in July made a policy deal in which the party promised to seek a more equitable society and to reduce the wealth gap in Japan in return for the labour unions’ support in the election. The DPJ also stated the goal of creating 1.8 million new jobs, strengthening regulation and surveillance of international financial markets, and improving conditions for casual workers, dubbed the “working poor” by media.

Meanwhile, the nation’s biggest business lobby Nippon Keidanren remained cautious over the incoming government, including its ambitious targets to cut greenhouse gas emissions. Chairman Fujio Mitarai told Japanese reporters the DPJ must consider fairness and the burden to the people as the party aims to cut greenhouse gas emissions by 25 percent by 2020, compared with the LDP’s eight-percent cut. Japan faces a real power shift for the first time since the LDP was founded in 1955. Since then, the conservative party maintained its iron grip on power with only one break, a 10-month hiatus in 1993-1994.

“This was an election in which people for the first time in the nation’s post-war history opted for a big change,” DPJ secretary general Okada told a Tokyo symposium.

“While feeling the grave responsibility of power, we will try to avoid mistakes in administrative management.”

On foreign policy, he said the DPJ government would promote strong diplomatic ties with China, adding that the party hoped to establish what he called win-win relations with the giant neighbour.

Only 17 percent said they had no hope at all for the next government, according to the survey of 1,104 adults nationwide, which was carried out immediately after the DPJ’s overwhelming victory.

But only 32 percent said they thought the DPJ-led government would be able to change Japanese politics drastically, against 46 percent who believed it could not, the Asahi said.

“Voters welcome the government change generally, but a not insignificant number of them have doubt about the DPJ’s politics and capabilities,” it said.

The daily also quoted an unnamed DPJ official saying: “If we cannot live up to expectations, the disappointment will be big.”

Elect tour it actually expects incoming government to deliver according to media surveys. The mass-circulation Asahi Shimbun conducted a telephone poll and found that 75% of all respondents did have high expectations for the new leaders.

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My Take: It seems that America is not the only country that has problems with its government. I wonder if its citizens are just as dissatisfied as many of America’s citizens are. As it is, the government by the people and for the people does not seem to be doing much.

If our government were doing its job, people would not be needing home security or worrying about whether they will even have a home. It would really be nice to live in a country for home security was not needed or even those annoying alarms that people have on their homes or cars.

Maybe someday we will live in a perfect world. NOT! That would be impossible! How about a near perfect world where crime is almost unheard of? Then the government would not have much to do with it

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Georgia is Puzzled by 8 Killings

Thursday, September 17th, 2009

Cited: NewsDaily

The police in southeastern Georgia have launched a murder investigation after a 22-year-old man reported returning to his mobile home only to find 7 members of his family dead and one near death. The 8th victim, unfortunately, died in the hospital.

“I just got home. My whole family’s dead,” Guy Heinze said in a 911 emergency call to police in the coastal town of Brunswick, Georgia. He said the dead included his father, uncle and cousins. Authorities on Monday released the tape of the 911 call, in which a sobbing and barely coherent Heinze says “it looks like they been beaten to death.”

Michael Toler, 19, whom Heinze described as a cousin with Down syndrome, died from injuries he had received. A ninth member of the group, who was not identified, was still in a hospital.

Glynn County police did not say how the victims had been killed, but The Brunswick News quoted an official close to the investigation as saying they had been shot. Police Chief Matt Doering said victims included children to adults in their 40s. County authorities offered a $25,000 reward for information leading to an arrest in the deaths, the newspaper reported.

Heinze was arrested on charges of tampering with evidence, obstruction of an officer and illegal drug possession but police have not said he is a suspect, the paper said.

South Georgia police are desperately searching for clues in the slayings of eight members of an extended family who were killed in their mobile home near Brunswick. Killed were Rusty Toler Sr., his four children, two siblings and his daughter’s boyfriend. A ninth victim, a 3-year-old, is in critical condition.

Glynn County authorities apparently have no suspects in the case and still have not said how the victims, all living in a single mobile home in the New Hope Plantation mobile home park, were killed.

‘Good Country Folks’

A total of 10 people lived in the small single-wide mobile home because Rusty Toler Sr. took in his relatives and friends who had lost their jobs and had fallen on hard times. The family was described by the park manager as “good country folks” who worked hard but struggled.

Three days after their deaths, police identified the victims as Michelle Toler, 15; Michael Toler, 19; Russell D. Toler Jr., 20; Chrissy Toler, 22; Joseph L. West, 30; Russell D. Toler Sr., 44; Guy Heinze Sr., 45; and Brenda Gail Falagan, 49.

Heinze and Falagan were Rusty Toler’s brother and sister. West was Chrissy Toler’s boyfriend and the surviving victim is believed to be Chrissy’s 3-year-old son, according to family members. Also living at the home was Guy Heinze Jr., 22, who reported the crime to police in a 12-minute 9-1-1 call.

Reward Offered for Information

“I just got home,” Heinze told the emergency dispatcher. “I was out last night. I got home just now, and everybody’s dead. … My whole family’s dead. It looks like they’ve been beaten to death. I don’t know what to do, man. My dad, my mom, my uncle, my cousin. …. My dad, he’s laying there dead. That was my dad.”

Heinze gave the telephone to someone else and was heard saying in the background, “Michael’s alive, tell them to hurry! He’s beat up! His face is smashed in!” Michael Toler, who had Down’s syndrome, died in a Savannah hospital.

Although he was the one that called 911, the younger Heinze was later arrested. He was charged with tampering with evidence, obstruction of an officer and illegal drug possession, but Glynn County Police Chief Matt Doering said Heinze was not being treated as a suspect, although not completely ruled out. Authorities have offered a $25,000 reward for information in the case.

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My Take: I do not see how anybody can do this. If this young man killed his whole family, then he needs help! Taking the life of another person is unconscionable to me. What makes it worse is that the police do not seem to have a clue as to who could have done it.

Once all the advancements in forensic science, they should be able to find something. The criminals will always leave something behind, always. The police and their forensic team just have to find it. Once they find what the criminal left behind who did this horrendous act, there will be one step closer to catching them.

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Criminal Defenses

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Criminal Court Procedure

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Legal Fight Over for Ill Minnesota Boy

Thursday, July 2nd, 2009

Cited: Findlaw.com

A young teenager, Daniel Hauser, suffering with Hodgkin’s lymphoma is now receiving chemotherapy after a legal fight started by his parents who wanted to treat him with natural or organic methods. His mother was so adamant that she took Daniel and left the state of Minnesota in violation of court order. On May 26, the boy’s parents finally agreed to let him receive chemotherapy for a tumor that is growing in his chest that was caused by Hodgkin’s lymphoma. On May 28, he will now be examined by it PDF trick oncologist at children’s hospitals and clinics of Minnesota to receive a round of chemotherapy.

In exchange for agreeing to the hospital treatment, a judge allowed Colleen and Anthony Hauser to keep custody of their son. An attorney for family services in southern Minnesota’s Brown County opposed handing custody back, citing the mother’s run from the law with her son in tow.

The family prefers natural healing practices suggested by a religious group called the Nemenhah Band, which says it follows American Indian beliefs. Tom Sinas, lawyer for the guardian ad litem, questioned how effective the medical treatment would be if Daniel’s parents were not encouraging their son to believe in it.

“Danny Hauser needs support from people who aren’t going to be telling him his chemotherapy is poisoning him, that it’s going to take his life,” Sinas said. However, Judge John Rodenberg said he felt the best place for Daniel was with his parents at their farm near Sleepy Eye, as long as he could trust they’d go along with an oncologist’s recommendation that Daniel undergo at least five chemotherapy sessions.

Rodenberg separately asked both parents if they agreed to let Daniel undergo chemotherapy, and both said yes. “Do you think this is necessary to save his life?” Rodenberg asked a visibly emotional Colleen Hauser during a Tuesday hearing.

“Yes, I do,” she replied.

Later in the hearing, Rodenberg said, “I’m taking you at your word. We’re starting over right now.” Daniel and Colleen returned to Minnesota on Monday after almost a week on the run, during which they traveled to southern California. Authorities believed they may have been heading to Mexico to seek alternative cancer treatment. But instead, the pair contacted an attorney who helped arrange a flight home on a jet chartered by Asgaard Media, a film and TV production company based in Corona, Calif.

Alan Pezzuto, president and CEO of Asgaard Media, said the company has no plans to profit from the Hauser’s story. “It is not a business project, it’s a personal project,” he said.

In exchange for having charges dropped against Colleen Hauser, the family agreed to let an oncologist examine Daniel. Monday’s exam showed a tumor in Daniel’s chest has grown larger than it was when he was first diagnosed with Hodgkin’s in January.

The tumor is “now protruding outside Daniel’s chest wall,” according to the report by Dr. Michael Richards. “There is further compression of the airway, making the initiation of standard chemotherapy imperative this week.”

Doctors have said that because Daniel’s tumor responded well to one round of chemotherapy in February, it’s likely chemotherapy will be successful again. Doctors won’t know for certain until they try another round. If the tumor has become resistant to chemo, a stronger dose or different treatment plan might be needed.

Doctors have also said that starting and stopping chemotherapy, or getting the treatment on a pared-down schedule as the Hausers had proposed, could make a tumor resistant.

James Olson, the Brown County prosecutor, said social workers at Children’s Hospital told him that as recently as Monday the Hausers I were still saying they didn’t want chemotherapy. The family and their lawyers did not say what was behind their apparent change of heart.

The Hausers did not return several phone messages left at their home Tuesday. After the hearing, family attorney Calvin Johnson, and Daniel’s court-appointed attorney Philip Elbert, said no one in the family or the attorneys themselves would speak to the media.

Olson said he was not convinced the family would stick to the treatment plan. “I am concerned that if Danny doesn’t like the second round of chemotherapy he’s going to say, ‘I’m going to run away again,’ and we’re going to be right back where we started,” Olson said. “These folks have had a history of changing their minds.”

For those dealing with a medical situation . . . maybe not quite as severe Daniel, you might be looking for a Dothan Alabama face lift. Do you need to remove excess skin from either the upper or the lower eyelids, together with any superfluous muscle? Then you need Dothan Alabama eyelid surgery. This involves restoring and tightening connections between the eyelid skin and the eye opening muscles, which have stretched out over the years. Protruding fat from the upper and lower lids often requires either removal or restraining.

According to the Hauser’s attorney, Tom Hagen, the family is committed to making sure that Daniel regains his health. In children, Hodgkin’s lymphoma does have a 90% cure rate if treated with chemotherapy and radiation. This is one reason why doctors said Daniel might die without the treatments.

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My Take: Nothing I have read so far indicates that the parent’s beliefs indicate no medical intervention. What I have read only seems to indicate that they believe in natural healing and that it is not part of their religion. This makes me think this is not a religion vs. law situation.

The Nemenhah Band, is a religious group but the parents do not appear to be members of that group. They just seem to believe in the natural healing practices of this religious group. I would like as the family why they would forgo a process that has a 90% cure rate in children for something that may not even help her son.

With their pictures plastered all over the news, how did Colleen think she was going to get her son across the border? Was she going to wear sexy adult Halloween costume? Maybe she was going to hunt down at Halloween party costume for Daniel. I doubt very much that they could have successfully crossed the border.

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How to Find a New York Employment Lawyer

Tuesday, April 14th, 2009

Need to find an employment lawyer? Usually will not need one unless you’ve been wronged in some manner by your employer or you or your company has been accused of something by employee. Whatever the situation, you should try to find an experienced New York City employment lawyer that can help you obtain the relief you are entitled to.

Practicing law is just like practicing medicine. There are areas of specialty that lawyers, like doctors, specializing. There are of course, general practice lawyers, similar to your PCP, that perform a variety of legal services. If you are faced with a complex employment law issue, you should find a lawyer that has experience handling employment cases. You would not go to a general practice doctor to handle cancer. The same with a lawyer, you want someone who specializes in employment law.

If you already have a regular lawyer, you can ask him or her to refer you to any one of the various New York employment lawyers. You may also want to contact the New York County Bar Association, which has an excellent referral system and ask for an appointment with an employment law attorney. You could also search the Internet that will point you to a New York lawyer who practices employment law.

You may also want to meet with several lawyers before making your choice. You want to make sure that you are comfortable with a lawyer as well as finding out what the different fee structures may be. Whichever lawyer you do choose, they should have the experience in handling employment law matters and should provide you an assessment of your situation.

Because the outcome of your case is left to the discretion of the judge and jury, no attorney can ensure you that your case will be successful. Finding the right lawyer will help ensure you that your position is represented in court, in a manner that will give you the best chance of winning.