tag:blogger.com,1999:blog-39490635209771348972024-02-06T21:49:07.045-08:00Backseat LawyerSince 2007, One Lawyer Reads the News and Wonders What the Truth is ....Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.comBlogger182125tag:blogger.com,1999:blog-3949063520977134897.post-58635126637681028162015-01-18T09:26:00.000-08:002015-01-18T09:26:02.955-08:00Electronic Communications Privacy Act: Until It Changes, Feds Can Read Your Emails and Cloud Files Without a WarrantThe <b><a href="http://en.wikipedia.org/wiki/Electronic_Communications_Privacy_Act" target="_blank">Electronic Communications Privacy Act</a> </b>was passed almost 30 years ago. It's still in effect today, and because the law (<a href="http://www.law.cornell.edu/uscode/text/18/part-I/chapter-119" target="_blank">18 U.S.C. § 2510 et seq</a>.) has not been revamped to keep up with technological advances, it allows the government to snoop into all sorts of online stuff that you may assume is your private information. <br />
<h3>
The Problem: Digital Information Can Be Accessed by Police Without a Search Warrant.</h3>
Lots of things are not considered private under this privacy law - things that you may assume are protected from governmental snooping unless they get a search warrant from a judge. Like what? Things like your files stored in Dropbox; your six-month old (or older) emails; or any chats or comments that are over 180 days old are fair game for law enforcement to access, read, and store. <br />
.<br />
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<h4>
<span style="color: red;">They don't need a search warrant for stored digital information because of the ECPA. Scary stuff, right?</span></h4>
<div>
<span style="color: red;">.</span></div>
<h3>
The Solution: Change the Law and Bring It into the 21st Century.</h3>
Federal law needs to be changed to close this privacy loophole so your online stuff (like Facebook comments or online chats) isn't exposed in ways that you may not realize is open to government eyes and this law is updated to reflect the state of today's online communications (and online storage). It's merely a matter of updating the law to keep up with today's digital communications. <br />
<br />
Last week, a congressman from Arizona (Representative Matt Salmon) introduced the <b>Electronic Communications Privacy Act Amendments Act of 2015</b>, <a href="http://salmon.house.gov/media-center/press-releases/rep-salmon-introduces-legislation-to-protect-privacy-online" target="_blank">explaining in his press release</a>: <br />
<blockquote class="tr_bq">
<br /><i>“The Founding Fathers learned first-hand the cost of unchecked power. That experience, gained the hard way, offered them critical insights into how a government for and by the people ought to conduct itself.</i></blockquote>
<blockquote class="tr_bq">
<i>“The Fourth Amendment’s guarantee of security from unreasonable searches of our ‘persons, houses, papers, and effects’ does not disappear because we’ve invented new ways to communicate. Now more than ever it’s important to make sure government doesn’t trample our rights by using those same innovations to see and record every email, instant message, tweet, post, and comment we write.</i><i><br /></i><i></i></blockquote>
<blockquote class="tr_bq">
<i>"The message is simple: Get a warrant. The same procedures law enforcement uses to investigate dangerous criminals and prevent acts of terrorism should apply to people’s digital lives—as should the same protections.”</i></blockquote>
<br />
There was also proposed Congressionsal legislation last fall that sought to update the ECPA and extend search warrant protections, etc., to digital information. See, "<a href="http://thehill.com/policy/technology/218250-senators-unveil-new-bill-to-protect-emails" target="_blank">Senators unveil new bill to protect emails</a>" by Julian Hattem for <i>The Hill</i>. <br />
<br />
<i>Hopefully, the 114th Congress will be more successful here than the 113th ....</i><br />
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<h3>
More info on the ECPA and the proposed 2015 Amendment:</h3>
<div>
.</div>
1. <a href="https://www.congress.gov/bill/114th-congress/house-bill/283" target="_blank">Full text of this bill</a>.<br />
<br />
2. <a href="https://www.congress.gov/bill/114th-congress/house-bill/283?q=%7B%22search%22%3A%5B%22HR+283%22%5D%7D" target="_blank">Follow and track the proposed amendment as it proceeds through Congress as H.R. 283</a>. <br />
<br />
3. Background <a href="https://www.aclu.org/sites/default/files/imce_images/Infographics/dem13-ecpa-900w-rel1.jpg" target="_blank">information provided by the ACLU</a> on its resources page covering the ECPA.Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-73033950495451695802014-11-02T15:00:00.001-08:002014-11-02T15:00:41.090-08:00Ebola: What about Thomas Duncan's Fiancee? Here's what I don't get, Dear Reader. It was just a couple of months ago that a couple planned on reuniting in Dallas, Texas, where they would watch their son graduate from college and where they would marry. <br />
<br />
The man traveled to Dallas from West Africa and for those first four days after his arrival, things must have been very exciting and joyful. Family was reunited. Plans for the future were being made. <br />
<br />
You know there was lots of hugs and kisses. Lots of food and drink. People coming over to visit. Music. Laughter. <br />
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Of course, we know that at some point during those first four days, <a href="http://www.politico.com/story/2014/10/ebola-thomas-duncan-girlfriend-louise-troh-112013.html" target="_blank">Thomas Duncan </a>starting feeling ill. So much so, that his family took him to the Emergency Room at Texas Presbyterian Hospital for help. <br />
<br />
We know that he was treated there and sent back home, where he spent another four days before returning to the hospital. At that point, on September 28, he was admitted and soon thereafter, we all knew who Mr. Duncan was and that he had been diagnosed with Ebola. <br />
<br />
And the news juggernaut began....<br />
<br />
<h3>
But here's my question. What about his Thomas Duncan's fiancee? </h3>
<br />
You can't tell me that this woman wasn't right there by the side of her man, taking care of him until he was taken from her and quarantined. You love this man, you're going to marry him, he's just traveled halfway around the world to begin a New Life with you, and he's sick with what looks like the flu?<br />
<br />
I'm thinking she was nursing him 24/7. <i>Without a Hazmat suit. </i><br />
<br />
I'm envisioning her dealing with vomit and mucus and all that nasty stuff that comes with someone being sick. I'm picturing her collecting the used tissues from around the bed; I'm thinking about her kissing his cheek while he slept. (She has confirmed to the media that <a href="http://www.nbcdfw.com/news/health/Eric-Duncans-Fiance-Talks-to-NBC-5-281005182.html" target="_blank">the couple was intimate</a> before he started feeling bad, too.)<br />
<br />
After all, her job is being a nursing assistant at a nursing home. Sure, she was taking care of him. <br />
<h4>
<br />
And <a href="http://www.politico.com/story/2014/10/ebola-thomas-duncan-girlfriend-louise-troh-112013.html" target="_blank">she never got sick.</a> LOUISE TROH NEVER GOT SICK. </h4>
<br />
<i>Shouldn't this be a message of hope for all of us? Shouldn't she be an example to all of us that being exposed to the Ebola virus does not guarantee infection? </i><br />
<br />
Last I heard, she was being <a href="http://www.dailymail.co.uk/news/article-2815645/I-Ebola-stigma-no-one-Ebola-victim-s-fianc-e-homeless-shunned-week-cleared-deadly-virus.html" target="_blank">denied a place to rent</a> by people still terrified of catching Ebola. Wow. <br />
<br />
My sincerest condolences to this woman. <a href="http://www.ibtimes.com/who-louise-troh-fiancee-dallas-ebola-patient-thomas-duncan-will-write-book-about-1707766" target="_blank">I hope she writes a book</a>. I'll read it. Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-34578032602959270142014-07-24T17:02:00.003-07:002014-07-24T17:02:34.552-07:00Electric Power Grid Threats: I'm Happy San Antonio Police Chief McManus is Taking that CPS Energy JobJust last week, our city's outstanding police chief announced that he was leaving the job. <a href="http://www.woai.com/articles/woai-local-news-sponsored-by-five-star-cleaners-119078/mcmanus-to-leave-sapd-join-cps-energy-12574737/" target="_blank">William McManus will transition out of his role as San Antonio Police Chief </a>over the remainder of 2014, giving the City of San Antonio about six months to get his replacement ready to go.<br />
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<br />
<h3>
Why Would the Police Chief go to Work for the Electric Company?</h3>
Now, this isn't welcomed news to lots of us here in the Alamo City. Chief McManus has been here for eight years now, and he's done a great job. <br />
<br />
Why now? Well, at first I thought since he is 62 and has been in law enforcement for four decades, he thought it was time to retire. San Antonio is a great place to retire. Sixty-two is a nice age for it.<br />
<br />
But nope. McManus isn't retiring: he is moving into the private sector where he will be the <a href="http://www.expressnews.com/news/local/article/Police-chief-McManus-headed-to-CPS-Energy-5626675.php" target="_blank">"Senior Director of Security for CPS Energy,"</a> whatever that means. <br />
<br />
Gave me pause: Why would the utility company need someone at McManus' skill level? <br />
<br />
Well, in today's news I got the answer, I think. <br />
<br />
And, boy howdy, it's not good. <br />
<br />
<h3>
Vulnerability of Electrical Power Structure is Target of Terrorists</h3>
Seems that Al Qaeda is plotting to attack the United States in more creative ways than blowing things up. There's news today of "cyber attacks" against specific targets, like places that supply electricity by these terrorists; news reports are that <a href="http://freebeacon.com/national-security/al-qaeda-targeting-u-s-infrastructure-for-digital-911/" target="_blank">al Qaeda's Ayman al Zawahiri can be heard in a video hinting that the new terror targets are American infrastructure</a>, which would include banks, financial systems, as well as electrical power grids.<br />
<br />
Before you think, what a paranoid goof I must be -- consider this:<br />
<br />
1. The <i>Wall Street Journal </i><a href="http://online.wsj.com/articles/grid-terror-attacks-u-s-government-is-urged-to-takes-steps-for-protection-1404672802" target="_blank">reported about the dangers of "grid terror attacks"</a> earlier this month, with their story including descriptions of an actual attack on a substation in San Jose, California. The story also delves into a recommendation by the Congressional Research Service to Congress that the federal government investigate and decide if individual power companies across the country have sufficient internal security protections or if the federal government needs to step into things and address increasing protections for our nation's electrical resources. <br />
<br />
2. The federal government is already putting pressure on independent utility companies to boost their security. The <a href="http://federal%20energy%20regulatory%20commission%20is%20pushing%20congress%20for%20authority%20to%20require%20power%20companies%20to%20take%20protective%20steps%2C%20which%20could%20include%20building%20metal%20shields%20around%20sensitive%20computer%20equipment./" target="_blank">Federal Energy Regulatory Commission is seeking Congressional approval of its expanded agency power to orchestrate these increased protections</a>, where the executive branch could demand that electric utility companies do specific things to protect their computer systems, and more. <br />
<br />
<h3>
Texas Border Mess - Ripe Opportunity to Enter Texas and San Antonio is a Great Target</h3>
We're all reading about the Texas - Mexico border mess, and if you think that all these people crossing into South Texas are toddlers and small children then you're an idiot. There are<a href="http://houston.cbslocal.com/2014/07/22/texas-attorney-general-immigrants-crossing-border-illegally-are-raping-killing-in-texas/" target="_blank"> MS-13 gang members as well as other gangsters sitting there</a> among those being housed by Texas Border Patrol and being processed over to I.C.E. <br />
<br />
Then there's that silent group, the people coming into the State of Texas that aren't getting caught by the authorities. No one's talking as much in the media about this other migration -- who knows the head count per day for these folk. <br />
<br />
There are people sneaking across the Rio Grande and into Texas from all over the world. Nations that are enemies to our country have been well represented in this exodus. <br />
<br />
This has been going on for years and most of us here in South Texas have lots of stories about it. Family and friends finding prayer rugs during hunting trips down by Laredo - that's a comforting thought, isn't it?<br />
<br />
Thing is: San Antonio sure looks like a sweet spot for some evildoing. Consider this:<br />
<br />
<br />
<ul>
<li>We've got big operations of both the <a href="http://www.nytimes.com/2014/05/05/us/arms-cache-most-likely-kept-in-texas-by-the-cia.html" target="_blank">CIA </a> and the <a href="http://www.chron.com/news/houston-texas/houston/article/NSA-plant-in-San-Antonio-shrouded-in-secrecy-4604109.php" target="_blank">NSA </a> here in town. </li>
<li>We've got <a href="http://www.huffingtonpost.com/huff-wires/20140613/us--bergdahl-condition/" target="_blank">BAMC where Sgt. Bergdahl was decompressed</a> within minutes of downtown and Alamo Square. </li>
<li>There's the historic Fort Sam Houston Army Post along with Randolph Air Force Base. Lots of military might calls San Antonio home. </li>
<li>And, of course, our city sits at the juncture of two major interstates: U.S.35 (connecting the United States southern and northern borders) and I.H.10 (connecting our east and west coasts). </li>
</ul>
<br />
<br />
<i>If I were a wrongdoer, I sure would find San Antonio a tempting target. Which means I am very, very happy that Police Chief McManus is going to be the man in charge of protecting our City Public Service facilities.</i><br />
<br />
Of course, maybe I just read too many <a href="https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CHcQFjAA&url=http%3A%2F%2Fwww.nelsondemille.net%2F&ei=bJrRU9T8FfOy7Ab1lIG4CQ&usg=AFQjCNFurvM2_k7R8RZLsBOyeq-K9K0-Tg&sig2=iikTC_-DBpeH2Gvg6g9F5w&bvm=bv.71667212,d.ZGU" target="_blank">Nelson DeMille</a> novels. Although one of <a href="http://www.nelsondemille.net/books/lions_game.asp?id=desc" target="_blank">his thrillers had a Boeing 777 with all its passengers and crew mysteriously perish</a> long before that Malaysian airliner disappeared without at trace....<br />
<br />
Just what I'm pondering this week. Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-6035640639499847162014-01-01T14:38:00.000-08:002014-01-01T14:38:00.034-08:00Happy 2014<div class="separator" style="clear: both; text-align: center;">
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<br />Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-13564398176652280672013-10-28T15:23:00.001-07:002013-10-28T15:23:26.396-07:00Richard M. Nixon Grand Jury Testimony Transcript from July 1975 - Read It HerePublic domain discoveries on the Internet never fail to amaze me - there's so much out there! <a href="http://www.promo.net/pg/index.html" target="_blank">Project Gutenberg</a> alone could keep you staring at a screen for days, but I digress. Today, as I was surfing around for a public domain image, I stumbled upon something fascinating. <br />
<br />
Well, I find it fascinating, at least.<br />
<br />
It's the complete transcription of the <b>Grand Jury testimony given by President Richard M. Nixon</b> back in the summer of 1975 -- along with notes from those questioning him and other amazing stuff. Okay, geeky-amazing. Granted. <br />
<br />
I remember my mother being very (VERY) involved in all the Watergate stuff back as it was happening, she would watch the televised proceedings for hours at a time -- and I vaguely remember bits and pieces of things. Leon Jaworski was from Houston; John Dean testifying with his young, blond wife at his side. The Nixon wave as he got on the helicopter. And, of course, Robert Redford and Dustin Hoffman in <i><a href="http://www.imdb.com/title/tt0074119/" target="_blank">All the President's Men</a></i>. (Sigh. I think I saw that movie five times during the first two months it was in the theatre.)<br />
<br />
<b>Richard Nixon Testified? I Did Not Know That.</b><br />
<br />
However, I don't remember <i>Nixon <b>ever</b> giving testimony</i> - so finding this deposition transcript was a real find for me. I did not know this existed -- wow. <br />
<br />
The testimony was taken in San Clemente, California, almost a year after Nixon had resigned. (<a href="http://www.washingtonpost.com/wp-srv/national/longterm/watergate/articles/080974-3.htm" target="_blank">Nixon resigned on August 9, 1974</a>; the deposition began on June 23, 1975 as part of District of Columbia grand jury proceedings which began in January 1974 (<a href="http://www.gpo.gov/fdsys/pkg/GPO-NARA-WSPF-NIXON-GRAND-JURY-RECORDS/pdf/GPO-NARA-WSPF-NIXON-GRAND-JURY-RECORDS-19.pdf" target="_blank">see page 4 of the transcript</a>).)<br />
<br />
<b>Richard Nixon's 1975 Deposition Transcript Can Be Read Online </b><br />
<br />
Consider the "areas of inquiry" delineated for that first day of testimony (pp. 5-6):<br />
<blockquote class="tr_bq">
<i>1. The circumstances surrounding the 18 and a half minute gap in the tape of the meeting between you and Haldeman on June 20, 1972. </i></blockquote>
<blockquote class="tr_bq">
<i>2. Aspects of alleged receipt of large amounts of cash by Charles Rebozo or Rose Mary Woods on your behalf, and financial transactions or aspects thereof between Hr. Rebozo and you. </i></blockquote>
<blockquote class="tr_bq">
<i>3. Attempts to prevent the disclosure of the existence of the National Security Council wire tap program through removal of the records from the FBI, matters dealing with threats to reveal the existence of such records, and the testimony of L. Patrick Gray at his confirmation hearings in the U.S. Senate upon his nomination to be permanent Director of the FBI. </i><i><br /></i><i></i></blockquote>
<blockquote class="tr_bq">
<i>4. Any relationship between campaign contributions and the consideration of ambassadorships for five persons: Ruth Farkas, J. Fife Symington, Jr., Vincent deRoulet, Cornelius V. Whitney and Kingdon Gould, Jr., and </i><i><br /></i><i></i></blockquote>
<blockquote class="tr_bq">
<i>5. The obtaining and release of information by the White House concerning Lawrence O'Brien through use of the Internal Revenue Service.
</i></blockquote>
<b>Why Read Nixon's Testimony Now?</b><br />
<br />
For one thing, it's very entertaining from a lawyer point of view - or maybe that subset of lawyers that have taken and defended many, many depositions. For example, I chuckled at the top of page 26 when Nixon has just testified about one memo and how <i>maybe</i> it came across his desk and next, there's the introduction of another exhibit with the question, do you see this notation "... the president has seen your memo ...." It's that "are you lying then or are you lying now" sort of exchange that gets the questioning lawyer all pumped up and the defending lawyer ready to strangle his client. <br />
<br />
For another, it's history. Plus, it's a great example of our political system in action -- this is the former President, of all people, who is being grilled here. Maybe you'll find your own reasons....<br />
<br />
<a href="http://www.gpo.gov/fdsys/pkg/GPO-NARA-WSPF-NIXON-GRAND-JURY-RECORDS/pdf/GPO-NARA-WSPF-NIXON-GRAND-JURY-RECORDS-19.pdf" target="_blank">Click on the image to go to read the first file containing his testimony.</a> There are several others, as well as other files with other stuff, i the <a href="http://www.gpo.gov/fdsys/pkg/GPO-NARA-WSPF-NIXON-GRAND-JURY-RECORDS/content-detail.html" target="_blank">complete Nixon Grand Jury Records stored online by the GPO</a>.<br />
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<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgTCmaYFWuqE5r6D9wm3awhhVw7gA6mOL5E_2h295cveGTbfT8azMAw2sAoA90W-mp4htGA3yMzme4s6CJeZHBIIwOwWnCSyu2_A0Rojf5JoUf9Yf7e8-69J9inW1ul4NowXVFo9kAwVFY/s1600/RichardNixon.GrandJuryTestimony.June1975.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgTCmaYFWuqE5r6D9wm3awhhVw7gA6mOL5E_2h295cveGTbfT8azMAw2sAoA90W-mp4htGA3yMzme4s6CJeZHBIIwOwWnCSyu2_A0Rojf5JoUf9Yf7e8-69J9inW1ul4NowXVFo9kAwVFY/s320/RichardNixon.GrandJuryTestimony.June1975.jpg" width="238" /></a></div>
<br />Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-90162309833088299412013-10-14T16:21:00.002-07:002013-10-14T16:21:41.934-07:00Infographic: ACLU on Surveillance under The Patriot Act <div class="separator" style="clear: both; text-align: center;">
<img border="0" height="999" src="http://www.aclu.org/files/mm_images/patriot_infographic_full.jpg" width="438" /><a href="https://www.aclu.org/national-security/surveillance-under-patriot-act" target="_blank">https://www.aclu.org/national-security/surveillance-under-patriot-act</a></div>
<br />Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-61653479213338519662013-10-08T18:19:00.005-07:002013-10-08T18:19:53.271-07:00Truckers Are Going to Washington and I'm Worried (Read their Press Release Here)Truck drivers are a different breed, and I can say that because my dad used to drive a truck, long ago. So when I heard about all these<a href="http://www.huffingtonpost.com/2013/10/08/truckers-ride-for-the-constitution_n_4061118.html" target="_blank"> truckers deciding they were going to have their own march on the nation's capital</a> - just like the motorcycle folk did a while ago - I thought, well that's exciting. <br />
<br />
I pictured all these 18-wheelers rumbling from all parts of the country, gathering together somewhere near Virginia or something and then parading into Washington, D.C., with horns blaring. (Who hasn't driven up to a trucker and asked him to toot that loud horn? I remember doing that in high school, driving along while my friend Cindy signaled from the passenger side window, her long blonde hair blowing in the wind.)<br />
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<br />
Truckers know their own mind and they're an independent bunch. When I heard that someone was saying that they were going to "arrest" some of the politicians, I thought it was the trucker version of spin, just getting things all fired up. (<a href="http://www.washingtonpost.com/local/trafficandcommuting/capital-beltway-shutdown-all-a-ploy-trucker-says/2013/10/08/1e446572-3033-11e3-bbed-a8a60c601153_story.html" target="_blank">This was confirmed by the Washington Post</a>.)<br />
<br />
Then <a href="http://beforeitsnews.com/politics/2013/10/twitter-shuts-down-truckers-ride-for-the-constitution-2557890.html" target="_blank">Twitter cancelled their account,</a> I can't get into their <a href="http://ridefortheconstitution.org/" target="_blank">website</a>, and there's all this jabber online about how these folk are troublemakers coming to town without a welcome mat. <br />
<br />
<a href="http://www.scribd.com/doc/173970005/PressRelease-Let-It-Begin-in-Gilberton-100613" target="_blank">Read their press release here</a>. Their new <a href="https://www.facebook.com/ridefortheconstitution" target="_blank">Facebook page is still going strong, last I heard.</a> (<a href="http://beforeitsnews.com/r2/?url=http://inagist.com/all/382329722975182848/" target="_blank">Their first Facebook page was deleted by Facebook</a>.)<br />
<br />
I'm all for people standing up for what they believe in, and <a href="http://rebakennedy.blogspot.com/2013/10/google-constitute-project-amazing-stuff.html" target="_blank">the Constitution does start out with those three little words, "We the People."</a> So if a big bunch of truck drivers want to go to the nation's capitol to have their say on things, that's fine with me. <br />
<br />
<i>Here's the thing. </i><br />
<br />
Things appear to be very, very tense with all sorts of law enforcement agencies right now. There was the shooting of the <a href="http://www.foxnews.com/us/2013/10/04/connecticut-woman-killed-after-capitol-hill-chase-reportedly-had-mental-health/" target="_blank">single mom who was driving around near the Capitol with her baby and no gun in a very risky way</a> last week. There was the story today about <a href="http://usfinancepost.com/park-officials-forcibly-detained-tourists-caught-in-shutdown-8173.html" target="_blank">the seniors who were kept under armed guard at the Old Faithful Inn at Yosemite National Park -- the tourists from Japan thought they had been arrested</a>. You get the idea.<br />
<br />
It's tough to be a cop, and I respect what they have to do. During my years representing kids in Child Protective Services cases, I came to see things that made me respect law enforcement all the more.<br />
<br />
It's tough being a truck driver, too. Long hours on the road, pressure to meet deadlines, the new HOS rules and all those new regulations -- no one got rich being a trucker, and it's a dangerous job in its own right.<br />
<br />
<i>So I'm praying that these truckers and these police officers don't clash physically and that no one gets hurt when all those big rigs start rumbling down the Beltway. Because they ARE coming. </i><br />
<br />
Seriously, I'm praying for the safety of everyone there because I'm worried it is going to be somewhat of a powder keg. And if you want to pray too, I think that would be great.<br />
<br />
May God bless America - the land of the free, and the home of the brave. Now more than ever. <br />
<br />
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IAnonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-31409995756153693552013-09-30T16:17:00.000-07:002013-12-29T16:35:50.957-08:00Texas Child Protective Service (CPS) Workers Arrested for Numerous Felonies in Alicia Moore Case While Terry Ramshire Takes a Plea and Great Uncle Michael Indicted for Alicia Moore Capital Murder<div class="separator" style="clear: both; text-align: center;">
<a href="http://i.huffpost.com/gadgets/slideshows/262130/slide_262130_1737584_free.jpg?1352751835000" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" src="http://i.huffpost.com/gadgets/slideshows/262130/slide_262130_1737584_free.jpg?1352751835000" height="200" width="158" /></a></div>
Last November, a pretty little girl named <b>Alicia Moore</b> disappeared on her way home from school to her grandmother's house. She was petite and cute and wore glasses, had a nice smile. <a href="http://i.huffpost.com/gen/849350/thumbs/r-ALICIA-CHANTA-MOORE-large570.jpg?4" target="_blank">Maybe you've seen her picture</a>. Alicia Moore was 16 years old when she died.<br />
<br />
<b>Alicia Moore Murder: Terry Ramshire Takes Plea on Sexual Assault Charges, Great Uncle Michael Charged With Capital Murder</b><br />
<br />
A few weeks ago, <a href="http://dfw.cbslocal.com/2013/09/25/felony-indictments-unsealed-in-moore-murder-investigation/" target="_blank">Terry Ramshire was sentenced to 20 years imprisonment after he pled guilty to aggravated sexual assault of a child in connection with Alicia’s death.</a> This was a plea bargain deal with the local prosecutors, based upon<a href="http://crimeblog.dallasnews.com/2013/09/three-cps-investigators-arrested-with-tampering-with-evidence-case-reportedly-related-to-greenville-murder-victim.html/" target="_blank"> two Grand Jury indictments that stated Terry Dwayne Ramshire had sexually assaulted a “Jane Doe” victim under the age of 17 years on multiple occasions, as well as (indictment no. 2) indecency with a child by sexual conduct, between July 2009 and December 2010</a>.<br />
<br />
<i>Maybe you remember this story when it happened last fall. </i><br />
<br />
Alicia Moore was last see alive as she got off her Van Zandt County school bus near her home in Greenville; her body was discovered 4 days later. They had video of her leaving the bus, no big clues there. <br />
<br />
Four days later, Alicia's nude body was found around 35 miles away from the school bus stop, stuffed in the back of a trunk dumped on the side of rural county road in Hunt County.<br />
<br />
Skip from November 2012 to May 2013, and there's big news in the case.<br />
<br />
The Van Zandt County Sheriff’s Office <a href="http://www.nbcdfw.com/news/local/Uncle-Indicted-for-Murder-of-Alicia-Moore-217763071.html" target="_blank">arrested Alicia’s great-uncle, Michael Vincent Moore, of Grand Prairie, for her killing.</a> Investigators reported that DNA evidence linked Uncle Michael to his niece’s murder. Uncle Michael has been formally charged with capital murder (which carries the death sentence if convicted). No trial date yet; no plea deal.<br />
<br />
<b>Now, 3 CPS Workers Arrested for Felony Evidence Tampering and Felony Oppression in Alicia Moore Case</b><br />
<br />
This week, <a href="http://ketr.org/post/public-officials-arrested-alicia-moore-case" target="_blank">the Hunt County Grand Jury issued arrest warrants for <i>Laura Marsh Ard</i></a>, then program director for the Rockwall, Texas, <a href="http://www.dallasnews.com/news/crime/headlines/20130924-cps-investigators-arrested-on-tampering-charges-by-hunt-county-authorities.ece" target="_blank">branch office of the Texas Department of Family and Protective Services </a>(she retired in March 2013) <a href="http://ketr.org/post/public-officials-arrested-alicia-moore-case" target="_blank">along with <i>Natalie Ausbie-Reynolds</i></a>, who worked out of <a href="http://www.dallasnews.com/news/crime/headlines/20130924-cps-investigators-arrested-on-tampering-charges-by-hunt-county-authorities.ece" target="_blank">the CPS office in Hunt County</a>,<a href="http://ketr.org/post/public-officials-arrested-alicia-moore-case" target="_blank"> and <i>Rebekah Ross</i></a>, <a href="http://www.dallasnews.com/news/crime/headlines/20130924-cps-investigators-arrested-on-tampering-charges-by-hunt-county-authorities.ece" target="_blank">another CPS Investigator</a>. (Both Ausbie-Reynolds and Ross quit their CPS jobs in the past few months.) <br />
<br />
<a href="http://ketr.org/post/public-officials-arrested-alicia-moore-case" target="_blank"> According to media reports: </a><br />
<br />
<ul>
<li>Ard was arrested on one felony count of tampering with evidence; </li>
<li>Ausbie-Reynolds was arrested on one felony count of tampering with evidence and three felony counts of <a href="http://law.onecle.com/texas/penal/39.03.00.html" target="_blank">official oppression</a>; and </li>
<li>Ross was arrested on one felony count of tampering with evidence and four felony counts of <a href="http://law.onecle.com/texas/penal/39.03.00.html" target="_blank">official oppression</a>.</li>
</ul>
<br />
Every single one of these charges brings with it, under Texas law, a maximum sentence of 2-20 years incarceration in a Texas prison and a possible maximum monetary fine of $10,000. <br />
<br />
<i>These are CPS workers who have been arrested and charged for FELONIES in connection with a CPS case. This is a big deal. </i> <br />
<br />
Right now, we don’t know what exactly is going on here — <a href="http://www.dallasnews.com/news/crime/headlines/20130924-cps-investigators-arrested-on-tampering-charges-by-hunt-county-authorities.ece" target="_blank">the Hunt County District Attorney isn’t giving details on what these three CPS people allegedly have done to be arrested on so many felonies, but it’s understood that it’s dealing with the “Alicia Moore case”</a> as opposed to the “Alicia Moore murder.”<br />
<br />
This case made the national news.<br />
<br />
<a href="http://www.hlntv.com/video/2012/11/08/missing-teen-found-storage-trunk" target="_blank">Jane Velez Mitchell interviewed the family</a> shortly after the homicide was discovered, and <a href="http://www.huffingtonpost.com/2012/11/12/alicia-moore-texas-teen-investigation_n_2117942.html" target="_blank">the Huffington Post provided good, detailed coverage of the investigation</a> as it was progressing (including online uploads of the school bus video showing Alicia leaving the school bus and the police reports that were filed at the time).<br />
<br />
Of importance here, early in the case, was the failure of any arrests being made between November 2012 and May 2013. The FBI, the Texas Rangers, and local authorities <a href="http://www.nbcdfw.com/news/local/Arrest-Made-in-Alicia-Moore-Case-206395041.html" target="_blank">frustrated the family</a> with a lack of information and results, and there was the additional problem that Alicia Moore was first considered a runaway and not someone in danger - and <a href="http://www.nbcdfw.com/news/local/Arrest-Made-in-Alicia-Moore-Case-206395041.html" target="_blank">therefore never placed on an Amber Alert.</a><br />
<br />
Would Alicia Chanta Moore be alive today if there had been an Amber Alert? Good question.<br />
<br />
<b>Maybe a better question soon to be asked by a lot of folk is would Alicia Chanta Moore be alive today if CPS had taken action regarding information in CPS investigatory files?</b><br />
<b><br /></b>
<b>There's a mighty big reason that three CPS employees are now facing felony charges - this doesn't happen all that often here in Texas.</b>Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com1tag:blogger.com,1999:blog-3949063520977134897.post-40388093874054301412013-06-03T13:33:00.000-07:002013-06-03T13:33:02.557-07:00Whitey Bulger Trial Begins Today: a Lesson in Real Life Mafia Crime and How Organized Crime Works (and Succeeds). <table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: left; margin-right: 1em; text-align: left;"><tbody>
<tr><td style="text-align: center;"><a href="http://upload.wikimedia.org/wikipedia/commons/a/a4/Whitey_Bulger_US_Marshals_Service_Mug1.jpg" imageanchor="1" style="clear: left; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="200" src="http://upload.wikimedia.org/wikipedia/commons/a/a4/Whitey_Bulger_US_Marshals_Service_Mug1.jpg" width="169" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Whitey Bulger's Mugshot</td></tr>
</tbody></table>
<i><span style="font-family: Helvetica Neue, Arial, Helvetica, sans-serif;">Whitey Bulger goes on trial today and while I haven't been following this case before now, I'm suddenly fascinated with what is happening up in Massachusetts starting this week. So I'm going to be posting about the case, sharing what I'm learning with you, Dear Reader. </span></i><br />
<i><span style="font-family: Helvetica Neue, Arial, Helvetica, sans-serif;">______________</span></i>
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<span style="font-family: 'Arial'; font-size: 12pt;"><br /></span></div>
<span style="font-family: 'Arial'; font-size: 12pt;">Today, the trial begins in a Boston federal courtroom for </span><a href="http://draft.blogger.com/blogger.g?blogID=3949063520977134897" name="http://www.biography.com/people/whitey-bulger--328770"></a><a href="http://www.biography.com/people/whitey-bulger--328770"><span style="font-family: 'Arial'; font-size: 12pt;"><b>James (”Whitey”) Bulger</b></span></a><span style="font-family: 'Arial'; font-size: 12pt;"><b>,</b> who was on the lam for 16 years before getting nabbed by the Federal Bureau of Investigation in Santa Monica, and it’s a big deal.</span><br />
<span style="font-family: 'Arial'; font-size: 12pt; text-indent: 36px;"><br /></span>
<span style="font-family: 'Arial'; font-size: 12pt; text-indent: 36px;">He’s facing charges of racketeering as well as 19 separate murder charges and his pretty blonde girlfriend, <b>Catherine Greig</b>, has been busted too (</span><a href="http://draft.blogger.com/blogger.g?blogID=3949063520977134897" name="http://www.cnn.com/2012/06/12/justice/massachusetts-bulger-girlfriend-sentencing" style="font-family: Arial; font-size: 12pt; text-indent: 36px;"></a><a href="http://www.cnn.com/2012/06/12/justice/massachusetts-bulger-girlfriend-sentencing" style="font-family: Arial; font-size: 12pt; text-indent: 36px;"><span style="font-family: 'Arial'; font-size: 12pt;">she already been convicted and sentenced to eight years incarceration for helping Whitey hide from the law</span></a><span style="font-family: 'Arial'; font-size: 12pt; text-indent: 36px;">).</span><br />
<span style="font-family: 'Arial'; font-size: 12pt; text-indent: 36px;"><br /></span>
<span style="font-family: 'Arial'; font-size: 12pt; text-indent: 36px;">Starting tomorrow, 675 people who make up the jury pool will begin the process of making their way to the <a href="http://www.moakleycourthouse.com/" target="_blank">Moakley Courthouse</a> each morning as the judge and attorneys on both sides work to find 18 people out of that group to serve as the 12 jurors and 6 alternates in a trial that is sure to take months and months to complete.</span><br />
<span style="font-family: 'Arial'; font-size: 12pt; text-indent: 36px;"><br /></span>
<span style="font-family: 'Arial'; font-size: 12pt; text-indent: 36px;"><b>Whitey Bulger Story is a Fascinating Story to Many: Best Sellers, Big Movie </b></span><br />
<span style="font-family: 'Arial'; font-size: 12pt; text-indent: 36px;"><br /></span>
<span style="font-family: 'Arial'; font-size: 12pt; text-indent: 36px;">This is a big deal for many people, in many ways. There’s already a couple of </span><a href="http://draft.blogger.com/blogger.g?blogID=3949063520977134897" name="http://www.goodreads.com/shelf/show/whitey-bulger" style="text-indent: 36px;"></a><a href="http://www.goodreads.com/shelf/show/whitey-bulger" style="text-indent: 36px;"><span style="font-family: 'Arial'; font-size: 12pt;">bestselling books detailing the life of this alleged mobster</span></a><span style="font-family: 'Arial'; font-size: 12pt; text-indent: 36px;">, and there’s also a </span><a href="http://draft.blogger.com/blogger.g?blogID=3949063520977134897" name="http://www.imdb.com/title/tt1355683/" style="text-indent: 36px;"></a><a href="http://www.imdb.com/title/tt1355683/" style="text-indent: 36px;"><span style="font-family: 'Arial'; font-size: 12pt;">big time movie</span></a><span style="font-family: 'Arial'; font-size: 12pt; text-indent: 36px;"> in the works. (</span><a href="http://draft.blogger.com/blogger.g?blogID=3949063520977134897" name="http://www.huffingtonpost.com/2013/05/30/johnny-depp-black-mass_n_3359038.html" style="text-indent: 36px;"></a><a href="http://www.huffingtonpost.com/2013/05/30/johnny-depp-black-mass_n_3359038.html" style="text-indent: 36px;"><span style="font-family: 'Arial'; font-size: 12pt;">Johnny Depp was cast to play the role of Whitey, but he quit this week in an apparent salary dispute</span></a><span style="font-family: 'Arial'; font-size: 12pt; text-indent: 36px;">.)</span><br />
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<span style="font-family: 'Arial'; font-size: 12pt;">The details of this federal trial are going to be a real-life education for many of us that heretofore learned about organized crime through Mario Puzo’s and Francis Ford Coppola’s <i>Godfather</i> series or perhaps watching the TV series, <i>The Sopranos</i>. </span><br />
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<span style="font-family: 'Arial'; font-size: 12pt;"> No fictionalized version of things this time. Follow this trial carefully and it may prove better than any award-winning fiction. This is the real deal, and it's pretty darn spooky (and this from reading only the pleadings filed in the public record.)</span><br />
<span style="font-family: 'Arial'; font-size: 12pt;"><br /></span>
<span style="font-family: Arial;"><b><i>Lessons in Real World Organized Crime: The Structure of the "Cosa Nostra"</i></b></span><br />
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<span style="font-family: 'Arial'; font-size: 12pt;">Consider this from the live pleadings, the </span><a href="http://draft.blogger.com/blogger.g?blogID=3949063520977134897" name="http://www.nytimes.com/interactive/2011/06/25/us/25legal-bulger-doc.html?ref=jamesjbulger&_r=1&"></a><a href="http://www.nytimes.com/interactive/2011/06/25/us/25legal-bulger-doc.html?ref=jamesjbulger&_r=1&"><span style="font-family: 'Arial'; font-size: 12pt;">Fourth Superceding Indictment</span></a><span style="font-family: 'Arial'; font-size: 12pt;">, where I for one learned lots of different descriptions for what the movies refer to as the “Cosa Nostra” in the movies and how the organization works, as well as the charges that have been brought against Whitey Bulger. </span><br />
<span style="font-family: 'Arial'; font-size: 12pt;"><br /></span>
<span style="font-family: 'Arial'; font-size: 12pt;"><i> Summarizing from the first few pages of this indictment:</i></span><br />
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<br /></div>
<span style="font-family: 'Arial'; font-size: 12pt;">1. Since1965, both in Massachusetts along with other parts of the country, there has been a </span><a href="http://draft.blogger.com/blogger.g?blogID=3949063520977134897" name="http://www.nytimes.com/interactive/2011/06/25/us/25legal-bulger-doc.html?ref=jamesjbulger&_r=1&"></a><a href="http://www.nytimes.com/interactive/2011/06/25/us/25legal-bulger-doc.html?ref=jamesjbulger&_r=1&"><span style="font-family: 'Arial'; font-size: 12pt;">“secret criminal organization” which has several nicknames among its membership</span></a><span style="font-family: 'Arial'; font-size: 12pt;"> including:</span><br />
<div style="font-family: Arial; font-size: 12pt;">
<br /></div>
<ul style="-qt-list-number-prefix: ''; margin-bottom: 0px; margin-left: 0px; margin-right: 0px; margin-top: 0px;">
<li style="font-family: 'Arial'; font-size: 12pt;">"La Cosa Nostra" </li>
<li style="font-family: 'Arial'; font-size: 12pt;">"stu Cosa" </li>
<li style="font-family: 'Arial'; font-size: 12pt;">"The Mafia" </li>
<li style="font-family: 'Arial'; font-size: 12pt;">"This Thing of Ours," and </li>
<li style="font-family: 'Arial'; font-size: 12pt;">“This Thing”. (<i>Who knew? I never heard of "this thing" for the Mafia before, did you?</i>)</li>
</ul>
<div style="font-family: Arial; font-size: 12pt; text-indent: 18px;">
<br /></div>
<span style="font-family: 'Arial'; font-size: 12pt;">2. The secret criminal organization is </span><a href="http://draft.blogger.com/blogger.g?blogID=3949063520977134897" name="http://www.nytimes.com/interactive/2011/06/25/us/25legal-bulger-doc.html?ref=jamesjbulger&_r=1&"></a><a href="http://www.nytimes.com/interactive/2011/06/25/us/25legal-bulger-doc.html?ref=jamesjbulger&_r=1&"><span style="font-family: 'Arial'; font-size: 12pt;">efficiently structured</span></a><span style="font-family: 'Arial'; font-size: 12pt;"> into groups called “<b>Families</b>" which operate all across the United States. The Families are overseen at a national level by a national “"<b>commission</b>" which is headquartered in New York City. </span><span style="font-family: Arial; font-size: 12pt;">The Commission’s membership are the leaders of each “Family” known as their "<b>Bosses</b>."</span><br />
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<br /></div>
<span style="font-family: 'Arial'; font-size: 12pt;">3. The </span><a href="http://draft.blogger.com/blogger.g?blogID=3949063520977134897" name="http://www.nytimes.com/interactive/2011/06/25/us/25legal-bulger-doc.html?ref=jamesjbulger&_r=1&"></a><a href="http://www.nytimes.com/interactive/2011/06/25/us/25legal-bulger-doc.html?ref=jamesjbulger&_r=1&"><span style="font-family: 'Arial'; font-size: 12pt;">indictment describes one of these Families</span></a><span style="font-family: 'Arial'; font-size: 12pt;"> as follows:</span><br />
<div style="font-family: Arial; font-size: 12pt;">
<br /></div>
<ul style="-qt-list-number-prefix: ''; margin-bottom: 0px; margin-left: 0px; margin-right: 0px; margin-top: 0px;">
<li style="font-family: 'Arial'; font-size: 12pt;">“The <b>Patriarca Family</b> of La Cosa Nostra (the "Family"), which operated in the Districts of Massachusetts,on July 11, 1984 and who was then succeeded by his son, Raymond J. Patriarca, aka "Junior," until he was succeeded by the defendant FRANCIS P. SALEMME.“</li>
<li style="font-family: 'Arial'; font-size: 12pt;">“The Patriarca Family existed and acted in conformity with the rules of La Cosa Nostra (LCN).“</li>
</ul>
<div style="font-family: Arial; font-size: 12pt;">
<br /></div>
<span style="font-family: 'Arial'; font-size: 12pt;">4. Within the the Patriarca Family, the </span><a href="http://draft.blogger.com/blogger.g?blogID=3949063520977134897" name="http://www.nytimes.com/interactive/2011/06/25/us/25legal-bulger-doc.html?ref=jamesjbulger&_r=1&"></a><a href="http://www.nytimes.com/interactive/2011/06/25/us/25legal-bulger-doc.html?ref=jamesjbulger&_r=1&"><span style="font-family: 'Arial'; font-size: 12pt;">organizational chart</span></a><span style="font-family: 'Arial'; font-size: 12pt;"> involved the following:</span><br />
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<br /></div>
<ol style="-qt-list-number-prefix: ''; margin-bottom: 0px; margin-left: 0px; margin-right: 0px; margin-top: 0px;">
<li style="font-family: 'Arial'; font-size: 12pt;">The head man (or CEO as it were) is the "<i>Boss</i>."</li>
<li style="font-family: 'Arial'; font-size: 12pt;">His right hand man is the "<i>Underboss</i>."</li>
<li style="font-family: 'Arial'; font-size: 12pt;">His advisor and counselor is the Family’s "<i>Consigliere</i>."</li>
<li style="font-family: 'Arial'; font-size: 12pt;">Below the Underboss are a number of "<i>Capo Regimes" or "Capos"</i>, men who are each in charge of a group of members who are their “crew.” </li>
<li style="font-family: 'Arial'; font-size: 12pt;">Within the crew, each member is a “made man” known as a “<i>Soldier</i>.” </li>
<li style="font-family: 'Arial'; font-size: 12pt;"><i>Associates</i> to the family are those who help the organization succeed and act with the Family members but these Associates are not officially “made” members of the Family.</li>
</ol>
<div style="font-family: Arial; font-size: 12pt;">
<br /></div>
<span style="font-family: 'Arial'; font-size: 12pt;">5. The Family’s business operations were definitely for profit. According to the indictment, this Family gained revenue from a variety of illegal operations such as “<i>…illegal gambling, extortion, loansharking, and narcotics distribution businesses and the collection of unlawful debts.</i>”</span><br />
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<br /></div>
<span style="font-family: 'Arial'; font-size: 12pt;">6. In Massachusetts, there was a separate criminal organization known as <b>"The Winter Hill Gang"</b> and "South Boston." James “Whitey” Bulger was the Boss of the Winter Hill Gang. </span><br />
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<br /></div>
<span style="font-family: 'Arial'; font-size: 12pt;">7. The Winter Hill Gang acted with “...<i>the purpose of controlling, supervising, financing, and otherwise participating in and deriving income from illegal activities, including illegal gambling, extortion, loansharking, and narcotics distribution businesses and the collection of unlawful debts.</i>”</span><br />
<div style="font-family: Arial; font-size: 12pt;">
<br /></div>
<span style="font-family: 'Arial'; font-size: 12pt;">8. The Winter Hill Gang was competing with La Cosa Nostra in the New England area in these illegal marketplaces (gambling, extortion, drugs, etc.)for many years, </span><span style="font-family: 'Arial'; font-size: 12pt;"><a href="http://www.ipsn.org/characters/bulger/doj_flemmi_press_release.htm">viciously and successfully.</a> Things got ugly.</span><br />
<br />
<span style="font-family: Arial; font-size: 12pt;">More in my next post.</span>Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-37125008351805444272013-04-23T15:51:00.001-07:002013-04-23T16:32:38.568-07:00Limitations, Really?? Ken Anderson Appeals Court of Inquiry's Contempt of Court Finding in Michael Morton Prosecutorial Misconduct CaseAlfred Hitchcock made movies about this: the innocent man caught up in the system, no one believing his innocence. John Grisham has made millions with the same scenario.<br />
<br />
However, for <a href="http://www.huffingtonpost.com/2012/03/25/michael-morton-60-minutes_n_1378773.html" target="_blank">Michael Morton it was the real thing</a>: not only did Mr. Morton endure the murder of his young wife, the mother of his young son: he was arrested, charged, and convicted of that homicide by the State of Texas.<br />
<br />
While his son became a man, Morton sat in a cell having been found guilty of the horrific beating death of his wife with a stick of wood. No one believed his story that a stranger had killed her after Morton had left for work. No one listened to the tiny boy explain that it wasn't his dad but a "monster" that hurt his mommy. <br />
<br />
There's no air conditioning in Texas prisons, did you know that? Think about spending 25 summers behind bars in a hot Texas summer where temperatures get well over 100 degrees: it's what Mr. Morton did until <a href="http://www.texastribune.org/texas-dept-criminal-justice/michael-morton/john-raley-tt-interview/" target="_blank">Houston civil trial lawyer John Railey</a> almost single-handedly proved him to be an innocent man.<br />
<br />
Now Michael Morton is free and <a href="http://ip.convio.net/site/MessageViewer?em_id=10161.0&dlv_id=0" target="_blank">dedicating his time to spreading the word about wrongful convictions</a> and how easily these things can happen. <br />
<br />
<i>If there's not a movie being made of his story, then there should be. Thing is, the story's not over. </i><br />
<br />
Enter the Black Hat.<br />
<br />
<div class="separator" style="clear: both; text-align: center;">
<a href="http://upload.wikimedia.org/wikipedia/commons/thumb/0/0e/Scale_of_justice_2.svg/204px-Scale_of_justice_2.svg.png" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="200" src="http://upload.wikimedia.org/wikipedia/commons/thumb/0/0e/Scale_of_justice_2.svg/204px-Scale_of_justice_2.svg.png" width="196" /></a></div>
Long ago, in that criminal courtroom where Morton heard the jury foreperson announce that "guilty" verdict, a man named Ken Anderson sat at the prosecution table. <br />
<br />
Anderson went on to run for district judge, and served many years on the Williamson County bench overseeing trials of other citizens. Until the Morton case came back to bite him. <br />
<br />
Last week, <b>Judge Louis Sturns</b> - <a href="http://s3.amazonaws.com/static.texastribune.org/media/documents/STURNS_Hon_Louis_Assignment_Court_of_Inquiry_Ken_Anderson_Feb_2012.pdf" target="_blank">presiding over a special Court of Inquiry ordered by the Texas Supreme Court</a> - issued his ruling in the case. <a href="http://www.texastribune.org/2013/04/23/judge-rules-anderson-court-inquiry/" target="_blank">Judge Sturns found that Ken Anderson intentionally hid evidence during that murder trial long ago that would have kept Morton out of jail. </a><br />
<br />
<i>Judge Sturns found a prosecutor intentionally held back evidence and in doing so, allowed an innocent man to go to jail for the murder of his wife, presumably to spend the rest of his life behind bars. </i><br />
<br />
Clearly, Ken Anderson didn't lose much sleep over the decisions he made back then; he campaigned for higher office and he's fought against these charges of misconduct. No admissions here, no chagrin, no remorse.<br />
<br />
And if I felt any compassion for Judge Anderson, and it's pretty hard to find that right now, it just went out the window as I read today about his appeal of Judge Louis Sturn's ruling. <br />
<br />
Get this. Anderson is arguing that the Court of Inquiry has essentially been an albeit interesting waste of time because none of it matters. Anderson's argument? <i>Time bar.</i> <br />
<br />
That's right: Ken Anderson is arguing that he's immune from the contempt order (and its accompanying jail time) <a href="http://www.statesman.com/news/news/local/anderson-appeal-seeks-to-halt-proceedings/nXTnQ/" target="_blank">because the statute of limitations shields him from any punishment.</a><br />
<br />
<div style="text-align: center;">
| <a href="https://docs.google.com/file/d/0B6HJLeMEu3hlal9tN21kRDVFelk/edit?usp=sharing" target="_blank">Read the Court of Inquiry ruling here.</a> |</div>
<br />
This shocks me. I understand being terrified of going to jail as a longstanding prosecutor, that's not only humiliating, it's also very dangerous. I get it. I get fighting against that possibility.<br />
<br />
However, for someone who has served as prosecutor and district judge for all these many years, I expect some sense of honor and integrity and respect for the system. <br />
<br />
Limitations? <i>Really? </i><br />
<br />
Consider by comparison <a href="http://www.mysanantonio.com/news/texas/article/Travis-County-DA-sentenced-to-45-days-for-DWI-4447658.php" target="_blank">the actions of Travis County's District Attorney Rosemary Lehmberg, 63, after she was arrested for driving while intoxicated (DWI) earlier this month</a>. <br />
<br />
She wrote a letter to the County Attorney and "the Judge of any Court of Jurisdiction," stating in part (<a href="http://www.kutnews.org/post/travis-county-da-arrested-drunk-driving-update" target="_blank">read the full letter here</a>):<br />
<br />
<blockquote>
<i>Please accept this as my Plea of Guilt to the Charge of Driving While Intoxicated, arising from my arrest on 4/12/13, for whatever level of offense is determined to be justified by the facts.</i> </blockquote>
<blockquote>
<i>I enter this unconditional Plea without request for delay, without legal argument by counsel, without any plea bargain, and without any request for leniency or consideration of any type.</i></blockquote>
<blockquote>
<i>I am guilty of DWI and of acting unreasonably and the fault is all my own. I am deeply sorry for my actions. I apologize to the citizens of Travis County and specifically to the dedicated officers and employees who had to deal with my violation and any disrespectful conduct after my arrest.</i></blockquote>
<blockquote>
<i>Further, I agree to appear, without delay, to enter this plea and I accept whatever assessment of jail time is deemed appropriate by the sentencing Court.</i></blockquote>
<blockquote>
<i>In addition, I agree to waive any right to consideration of probation and waive any right of appeal of my guilt or my punishment, whatever it may be.</i></blockquote>
Austin's District Attorney did the right thing, in my opinion, and did so with dignity. She has been sentenced to serve 45 days in the local hoosegow for driving drunk, and I expect she'll serve that term honorably, too. Too bad that Ken Anderson isn't cut from the same cloth.Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-43813394246645974802012-11-23T16:19:00.000-08:002012-11-23T16:21:32.341-08:00Texas Supreme Court Okays Divorce Forms: Get a Texas Divorce Without Paying a LawyerInteresting thing happened recently here in Texas: <a href="http://www.abajournal.com/news/article/family_lawyers_object_to_new_pro_se_divorce_forms_approved_by_texas_supreme/" target="_blank">the Texas Supreme Court issued an Order that approves certain forms for use by individuals wanting a divorce</a> -- no need for lawyers. <br />
<br />
That's right. In certain situations, married folk here in the Lone Star State can split their matrimonial blanket without the need to spend one dime on attorneys' fees. The Texas Supreme Court has provided the forms for them to use, it's so easy peasy.<br />
<br />
<a href="http://www.scribd.com/doc/113374570/Texas-Supreme-Court-Order-Approving-Pro-Se-Divorce-Forms-Divorce-Set-One-November-13-2012-With-Opinion-and-Dissenting-Statements" target="_blank">You can read the Texas Supreme Court Order here.</a> There's a majority opinion as well as some dissenting arguments if you want to delve into the rationale behind this new twist in Texas law.<br />
<br />
This does take money out of some lawyer pockets. It's my understanding that <a href="http://trailblazersblog.dallasnews.com/2012/11/supreme-court-moves-ahead-with-do-it-yourself-divorce.html/" target="_blank">the intent behind this development is to help couples who cannot otherwise afford a family law attorney to get a divorce and move on with their lives.</a> <br />
<br />
Will savvy and sneaky couples try and find ways to use these forms and avoid a lawyer, even if they can afford one (and maybe need to have a lawyer check things over)? Time will tell. (Of course they will!)<br />
<br />
<a href="http://texaslawyer.typepad.com/texas_lawyer_blog/2012/11/texas-supreme-court-approves-pro-se-divorce-forms.html" target="_blank">The Family Law Bar isn't pleased</a>. Surprise.<br />
<br />
<br />Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com2tag:blogger.com,1999:blog-3949063520977134897.post-87152437065445362592012-06-06T13:00:00.000-07:002012-06-06T13:00:58.511-07:00Sister Wives and the American Foreclosure Fraud Housing Crisis: It's Not Over.<i>Sister Wives.</i> Have you heard about <a href="http://tlc.discovery.com/tv/tv-shows.html" target="_blank">this reality TV series on TLC</a>, following <a href="http://en.wikipedia.org/wiki/Sister_Wives" target="_blank">a man named Kody Brown (that's not a misspelling) and his four wives and their gazillion kids</a> through their daily lives as a polygamist family in Las Vegas, Nevada? I bet you have.<br />
<br />
It's polygamy brought into the American home, every week, by the same cable network that brings you shows about <a href="http://tlc.howstuffworks.com/tv/hoarding-buried-alive" target="_blank">hoarding</a>, <a href="http://tlc.howstuffworks.com/tv/my-big-fat-gypsy-wedding" target="_blank">gypsy weddings</a>, and <a href="http://tlc.howstuffworks.com/tv/long-island-medium" target="_blank">the lady from Long Island who talks to the dead.</a> <br />
<br />
The <i>Learning</i> Channel. That's right: you know it. <br />
<br />
Well, fine. Here's my story.<br />
<br />
I'm paranoid about getting zapped with another virus or trojan or some sort of evil malware these days after being hit twice (hard) in the past six weeks, so I'm stopping to do lots of full system scans on Malbytes and Norton. Which is what I was doing earlier this week after a big research project, and since this kept me from doing more work on the keyboard I decided to take care of some chores.<br />
<br />
Yes, <i>of course</i>, I'm building up to why I was watching <a href="http://tlc.howstuffworks.com/tv/sister-wives" target="_blank">Sister Wives</a>. Humor me.<br />
<br />
Skip to a fresh load of laundry, a big glass of sweet tea, and a chicken roasting in the oven. Bad hair, no make-up, stained sweats. And a remote. <br />
<br />
I'm folding laundry having surfed through the TimeWarner "Entertainment on Demand" selection and coming across <i>Sister Wives</i>' latest two episodes (from the last week of May 2012). I watch them.<br />
<br />
Now, we're here: finally. The point to my story. <br />
<br />
Seems the Sister Wives and Hubby Kody want to move from four separate rental homes (very nice, new ones by the way) into a cul-de-sac of homes in a neighborhood just being built. Four houses, side by side, and if I understood this right, a shared backyard. The husband would move between the homes and each wife (and her kids) gets their own place.<br />
<br />
I'm intrigued. <br />
<br />
I wonder about the amount of money that reality TV generates for these people. Less than the Kardashians, more than the medium? <br />
<br />
They don't seem to have<i> jobs</i>. (I discover later that the husband has some sort of marketing sales gig and one of the wives is putting together a business plan for a Curves-type franchise work-out place.)<br />
<br />
Anyway, I'm folding duds and watching as these five meet with a lender who has found them financing. Seems there has been a big concern on their ability to get a home loan. <br />
<br />
This seems to ring true: who isn't having trouble getting a home loan in America today given the <a href="http://documents.latimes.com/florida-ag-report-on-foreclosure-law/" target="_blank">Foreclosure Fraud</a> fiasco? Another thing to ponder: I cannot for the life of me figure out how any of these people are making money other than being on the reality television show. Especially the kind of money to buy four nice two-story stucco homes with all that goes with that purchase, as well as the kids, the cars, the taxes, heck: the <i>food.</i> <br />
<br />
Let's hope that they've been chatting with Kate Gosselin, if this is the case. That train doesn't run on those tracks forever.<br />
<br />
Setting around the loan officer's conference table, the Sister Wives and Hubby Kody are told that they can get mortgages on four homes for the ... wait for it ... down payment of a mere 40% and this will be an interest only loan. Balloon payment coming. <br />
<br />
The loan officer suggests that they get themselves into "traditional financing" as soon as possible.<br />
<br />
This is my point. Here. Right here.<br />
<br />
<b><i>The American housing crisis and banking crisis and overall economic crisis isn't going to end with this stuff happening. </i></b><br />
<br />
<b><i>Here is a prime example of why the talking heads are talking about the Housing Bubble. Because families get talked into loans like this and then they cannot pay them and they default. </i></b><br />
<br />
You know this. I know this. <br />
<br />
I'm curious about who this lender is, where the 40% down payments were supposed to go, and if the loan was going to be sold (which is what happened so often -- risky loans were made and then sold in bulk to other lenders and the original lender skipped away, money in hand, long before any default issues reared their ugly heads).<br />
<br />
Back to Sister Wives. Did they take the deal? Nope. But it wasn't because this was a dodgy deal. <br />
<br />
They walked from the cul-de-sac because one of the houses sold and their plan of the shared back yard wouldn't work. <br />
<br />
<a href="http://www.tv.com/shows/sister-wives/" target="_blank">You can watch the episodes for yourself online here.</a> <br />
<br />
My point: there needs to be legislation to stop this stuff. People, nice people, get pulled into these deals and lenders and builders and developers let them take these deals. Could there be lawsuits now, before laws are passed? I like the idea of a tort action. Confidential relationship? Fiduciary duty? <br />
<br />
Rusty wheels in my brain start to turn as I consider what I saw at that conference table and I'm thinking these are arguably confidential relationships, i.e., relationships of unequal bargaining power where the law places an additional duty of good faith upon the more powerful party. Nice thing if this dog will hunt: punitive damages.<br />
<br />
Imagine that for a moment. Sweet. <br />
<br />
I don't know if this works, though, under Texas tort law or that of any other state. I don't know the fix. <i>Fixes</i>. <br />
<br />
I do know that the crisis isn't over if this was lending offer shown on a national reality television show. Yikes. <br />
<br />
<br />Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com6tag:blogger.com,1999:blog-3949063520977134897.post-45310227537358747532012-05-21T14:54:00.004-07:002012-05-21T15:24:08.564-07:00Meanwhile, Back Along the Texas - Mexico Border Things Are Getting More ViolentMaybe you saw the news about <a href="http://www.foxnews.com/world/2012/05/14/mexican-drug-cartels-in-fight-over-drug-route-4-decapitated-bodies-found/" target="_blank">the 49 bodies that were found near Monterrey, Mexico earlier this month</a>: well, the 49 <i>torsos</i>. Seems the heads, hands, and feet had been removed. Good luck with those identifications, right? <br />
<br />
Actually, the torsos were found near San Juan, on the highway that you would drive if you were leaving say Houston to visit Monterrey. And you just might do that -- Monterrey is, after all, a huge industrial powerhouse, home to lots and lots of major international companies and <a href="http://www.upi.com/Top_News/World-News/2012/04/03/Drug-war-threatens-Mexicos-richest-city/UPI-88011333430842/" target="_blank">Mexico's richest city. </a><br />
<br />
And Monterrey isn't a common destination for Texans just because of business: lots of folk I know have family down in Monterrey. One friend of mine has a father who owns an apartment complex in Monterrey, part of his retirement plan. You get the idea. <br />
<br />
<i>It takes around 5 hours to drive from San Antonio to Dallas. It also takes around 5 hours to drive from San Antonio to Monterrey.</i> <br />
<br />
<b>Message 3: 100% Zeta</b> <br />
<br />
Let's put it this way: last year, in a special report, <a href="http://www.reuters.com/article/2011/06/01/us-mexico-drugs-monterrey-idUSTRE7502VG20110601" target="_blank">Reuters predicted "if Monterrey falls, Mexico falls</a>." So, when 49 torsos are found on a major highway near Monterrey with a nearby cement archway spray-painted, "<a href="http://www.foxnews.com/world/2012/05/14/mexican-drug-cartels-in-fight-over-drug-route-4-decapitated-bodies-found/" target="_blank">100% Zeta,"</a> it's not hard to figure that the major drug cartels are something that the Powers that Be need to be considering as serious business here in Texas and in the rest of the country, too.<br />
<br />
Now, though, the carnage is getting closer to home. Well, at least to San Antonio. <br />
<br />
<b>Message 2: "Parasites" </b><br />
<br />
Last month, <a href="http://www.washingtonpost.com/world/in-nuevo-laredo-23-corpses-found-on-grisly-day-in-mexican-drug-cartel-war/2012/05/04/gIQAFegK2T_story.html?tid=pm_world_pop" target="_blank">there were also 23 bodies found in Nuevo Laredo</a>, which is across the border from Laredo, Texas, and a mere 157 miles from San Antonio. Years ago, we used to take day trips to shop in Nuevo Laredo. No more. <br />
<br />
Nine corpses were hanging from a bridge. The remaining bodies were found decapitated, bagged, and stuffed into an SUV parked in front of the local Customs building. (Yes, they did find the heads. Later.)<br />
<br />
<br />
The message with those bodies, <a href="http://www.mysanantonio.com/news/local_news/article/Drug-gangs-resort-to-horrific-killings-3535925.php#ixzz1vXgSHuHM" target="_blank">according to the San Antonio Express News</a>: <br />
<br />
<i>"This is how I am going to finish off all the fools you send to heat up
the plaza ...We'll
see you around, you bunch of parasites.” </i><br />
<br />
<b>Message 1: Sinaloa Taking Nuevo Laredo Back</b> <br />
<br />
Then, there were 14 bodies left outside of Nuevo Laredo's City Hall last month. They were also mutilated. With those bodies, <a href="http://www.mysanantonio.com/news/local_news/article/Drug-gangs-resort-to-horrific-killings-3535925.php#ixzz1vXhUlZip" target="_blank">another message was written on a banner and signed (according to the banner itself)</a> by Joaquin "El Chapo" Guzman, who is the head of the <a href="http://en.wikipedia.org/wiki/Sinaloa_Cartel" target="_blank">Sinaloa Cartel.</a><br />
<br />
Part of that message? Guzman was going to take Nuevo Laredo back from the Zetas, and had joined forces with the Gulf Cartel. <br />
<br />
<b>Who are the Zetas? </b> <br />
<br />
<a href="http://en.wikipedia.org/wiki/Los_Zetas" target="_blank">Los Zetas</a> are an efficient organization that originated as trained military personnel recruited by a powerful Mexican drug cartel, the Gulf Cartel. These are <i>commandos.</i> Special Forces folk.<br />
<br />
Skilled, smart, savvy professionals - and understandably from a business perspective, in February 2010 they broke off to form their own independent organization.<br />
<br />
Like an associate who becomes partner and then splits to form his own law firm, taking business with him. Or at least, that's my analogy. Point being, don't be distracted by the blood and gore: it's <i>business</i> to these guys.<br />
<br />
Today, Los Zetas are known to operate out of Nuevo Laredo and they've got a big territory. <a href="http://draft.blogger.com/goog_1156641177">The biggest in Mexico, in fact.</a><br />
<br />
Cartel business has expanded too: from drugs, it's gone into guns, and kidnapping for ransom, as well as human trafficking and who knows what else. It's a business, and a growing business needs to diversify.<br />
<br />
Los Zetas have diversified as well as expanding their territory. <br />
<br />
Which is what business does. Now, if you were running the biggest company in your industry in Mexico, and you were projecting where your business would be in the next five years, where would your projections go?<br />
<br />
Does Texas seem so farfetched? Does Montana? <i>It's business</i>. <br />
<br />
This isn't a gang war between two factions in the poor section of town. This is two major, international combines fighting for who comes out on top in their market. <i>It's market share</i>. <br />
<br />
So, in today's news where <a href="http://latino.foxnews.com/latino/news/2012/05/21/mexican-army-zetas-leaders-ordered-killing-4/" target="_blank">"El Loco" was arrested for taking part in the 49 beheadings event near Monterrey,</a> a man named Daniel Jesus Elizondo Ramírez and a member of Los Zetas, this shouldn't be considered all that big of a deal. He's an employee. <br />
<br />
Nor should t<a href="http://www.cnn.com/2012/05/08/us/mexico-kingpins/index.html" target="_blank">he fact that the Treasury Department just put the names of four big wigs in the Sinaloa drug cartel to its "kingpin list,"</a> two of which are the sons of the CEO of the Sineloa organization, <a href="http://en.wikipedia.org/wiki/Joaqu%C3%ADn_Guzm%C3%A1n_Loera" target="_blank">Joaquin "El Chapo" Guzman.</a> Being on the Kingpin List means that the U.S. Government can freeze any assets found in the United States as well as barring anyone from doing business with them. <br />
<br />
"El Chapo" is the most wanted man in Mexico. He's been on the Kingpin List since 2001. "El Chapo" also made <a href="http://www.forbes.com/profile/joaquin-guzman-loera/" target="_blank">Forbes' Billionaire List in 2012 (he's number 1153)</a> and <a href="http://www.forbes.com/powerful-people/" target="_blank">Forbes lists Guzman as number 55 in this year's 70 World's Most Powerful People.</a><br />
<br />
Would anyone be surprised to learn that the day that this post was typed, this guy was off someplace nice playing golf? I know I wouldn't. It seems like something a billionaire CEO would be doing.... <br />
<br />
<b>Zetas vs. Sineloa: Fight for Sales Territory and Market Share Between Two Industry Leaders</b><br />
<br />It seems to me that too many people hear about the nicknames and the bloodbaths and think that these are strange, emotional groups of illiterates who will just kill each other off in time. I think that's stupid. <br />
<br />
This is business at a scale that most of us cannot comprehend. It's billions of dollars in revenue, and I'm wondering if that is <i>monthly</i> not annually. <br />
<br />
And maybe that's why we're not hearing that much or seeing that much happening here in Texas to stop this advance. The profit-motive is a powerful thing. <br />
<br />
<br />
<br />
<br />
<br />
<br />Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-81066736302915065732012-02-27T11:24:00.002-08:002012-02-27T11:24:26.219-08:00I Didn't Watch The Oscars and I Don't Go to the Movies Much Anymore: Doesn't Sound Like Hollywood NoticesI like reading <a href="http://www.deadline.com/2012/02/advisory-nikki-finke-live-snarking-oscars/" target="_blank">Nikki Finke's Deadline Hollywood </a>- for one thing, she was a respected traditional journalist who started blogging when that was such a no-no. I suppose it still is, but I don't think that Nikki Finke cares much (then or not). Good for her.<br />
<br />
Today, I was surfing through <a href="http://www.deadline.com/2012/02/advisory-nikki-finke-live-snarking-oscars/" target="_blank">her commentary on the Oscars show last night</a> (I didn't watch it) and noticed her reporting that Brian Glazer explained to her that the "theme" of the Academy Awards Presentation Extravaganza this year was to celebrate going to see movies in the theater because so many are opting for "video on demand."<br />
<br />
I'll leave it to those who watched the show (Nikki, you) to decide whether or not last night's three hours of stuff achieved that goal. (<a href="http://www.deadline.com/2012/02/advisory-nikki-finke-live-snarking-oscars/" target="_blank">Nikki didn't think so</a>.)<br />
<br />
My point: <i>wake up</i>. It's not just the convenience of watching movies at home that is <a href="http://www.guardian.co.uk/film/2011/dec/29/us-box-office-takings-fall" target="_blank">keeping people out of the theaters</a>. It's the junk that is being sold to us for very expensive tickets -- not to mention the cost of popcorn. <br />
<br />
You are not competing against the technology with which we watch this stuff so much as the entertainment alternatives we have. And yes, Mr. Grazer, I mean television.<br />
<br />
Some of it is crap, true. Some of it is not. One example that comes to mind immediately: I'm rewatching <i>the Tudors</i> on BBC America, and while it's not exactly 100% accurate (Henry could only hope to look that good, particularly by the time he got to wive number six) it's well done. <br />
<br />
Another example: <i>The Closer.</i> It's good entertainment. I'm sure we can all point to other television programming that we have found to be preferable to the stuff being sold to us at the movie theatres.<br />
<br />
Look, I love to go to the movies. Love it. Love the experience. I would like to do this every week.<br />
But I refuse to fill my head with the junk that is being offered to me. I will not pay for it. <br />
<br />
Looks like <a href="http://www.guardian.co.uk/film/2011/dec/29/us-box-office-takings-fall" target="_blank">film revenues</a> mean lots of other people may share my position on this. Check out the reviews over at Rotten Tomatoes, Yahoo Movies, etc. and you'll see that there aren't that many five star, home run offerings out there right now either.<br />
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Not that every year needs to be <a href="http://www.films101.com/y1939r.htm" target="_blank">1939</a>, but I mean <i>really</i>. <br />
<br />
Make better movies, and I'll go to the theatre again. And, maybe, I'll start watching the Oscars, too.<br />Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com1tag:blogger.com,1999:blog-3949063520977134897.post-40547118069085236632012-02-07T16:06:00.000-08:002012-02-07T16:06:00.442-08:00Where Do the 2012 Presidential Candidates Stand on the Issues?I cannot believe how many debates we've had in this Presidential Campaign. Hasn't this gone on longer than Dancing With the Stars? Close to a full season of American Idol, complete with the first few shows with all that bad singing? I mean really.<br />
<br />
Meanwhile, it's not that easy to find a nice, simple to follow web site that lists where the candidates, Democrat and Republican and Independent and Libertarian and Green and Whatever Else, stand on the issues. <br />
<br />
And yes, I just read that <a href="http://www.washingtonpost.com/blogs/celebritology/post/roseanne-barr-is-officially-running-for-president/2012/02/03/gIQAitrgmQ_blog.html?tid=pm_entertainment_pop" target="_blank">Rosanne Barr has announced her candidacy for President with the Green Party</a>. Perhaps Kinky Friedman will have some campaign advice for here, having <a href="http://en.wikipedia.org/wiki/Kinky_Friedman#Issues_and_positions" target="_blank">run for Governor of Texas </a>a couple of times now. <br />
<br />
<i>Here's what I found in a quick surf:</i><br />
<br />
1. <a href="http://selectsmart.com/">SelectSmart.com</a> has a questionaire where you answer questions on where you stand on the issues and then the web tells you with which candidate you are most closely aligned. Fine, if you like hand-holding. And if you don't worry that Big Brother is gathering more information about you as you answer these questions than you'd like (my assistant Daniel doesn't trust this stuff, hat tip to Danny here). <br />
<br />
2. <a href="http://votesmart.com/">VoteSmart.com</a> has lots of info - bios, voting records, things like that. Doesn't have all the scoop that you'd like ... when I clicked on select issues, it didn't work. Frustrating. <br />
<br />
3. Then there is <a href="http://2012.presidential-candidates.org/" target="_blank">2012 Presidential Candidates</a> site that gives you a nice list, issue by issue (see the left sidebar) and candidate by candidate, for the 2012 Presidential Race. Libertarians, Democrats, Republicans, and some independents are listed here. <br />
<br />
This, in addition to the media coverage of the various candidates (which you have to read for each candidate and then compare as you wish) as well as the candidates' campaign web sites themselves.<br />
<br />
Good voting, America. Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-77418938378485608012012-01-12T09:30:00.000-08:002012-01-12T09:30:01.431-08:00Casey Anthony Lawsuit Part Two?Ye Gads. Where will it end? Minding my own business, surfing the web while doing the laundry and halfway watching a Mentalist rerun, and what do I find?<br />
<br />
<i>A breaking news story that Casey Anthony and her attorney, Jose Baez, are threatening to sue because her video diary has been hacked. </i><br />
<br />
You can read about it here at <a href="http://latimesblogs.latimes.com/nationnow/2012/01/casey-anthony-to-sue-over-leaked-video-diary.html" target="_blank">the <i>LA Times</i></a>. <br />
<br />
Oh, yeah, and how was this scoop released to the world? Jose Baez appeared on his buddy Geraldo Rivera's show over on Fox TV.<br />
<br />
Look, without a big word count here, a big fat plaintiff's lawsuit is a dream come true for Casey Anthony. Dream. Come. True. <br />
<br />
Key will be if there's a deep pocket anywhere to be found to pay for <a href="http://en.wikipedia.org/wiki/Statutory_damages_for_copyright_infringement" target="_blank">damages based upon copyright infringement</a>, etc. -- and whether or not there will be arguments advanced for <a href="http://www.law.uchicago.edu/files/files/179-wl-dgl.copyright.pdf" target="_blank">indirect liability.</a><br />
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<br />Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-22015745201393584462012-01-10T09:00:00.000-08:002012-01-10T09:00:04.872-08:00Gameover - The Latest Malware Threat Has the FBI Issuing Public WarningsThe Federal Bureau of Investigation (FBI) has issued a warning to the American public about a new internet attack they are calling "<b>Gameover</b>." <br />
<br />
<a href="http://www.fbi.gov/news/stories/2012/january/malware_010612/malware_010612" target="_blank">Read their press release here.</a><br />
<br />
Seems that the evildoers send you an email that looks to be from a very official looking site, informing you that's there has been a problem with a recent financial transaction. You're instructed to follow the link provided in the message for further details. <br />
<br />
Wham. If you click on that link, you've allowed the malcious software ("malware") access to your hard drive, where it will spend its time locating and forwarding the user name and passwords for your financial accounts. Yes, like your checking account.<br />
<br />
It's serious stuff -- they're taking lotsa bucks from people and it's called "gameover" because by the time that you know you've been hit, they're already finished with you and taking your hard-earned cash.<br />
<br />
<a href="http://www.pcworld.com/article/247450/fbi_warns_of_malware_phishing_scam.html" target="_blank">PC World has a nice article discussing how this latest threat is another version of the Zeus malware from a few years back.</a> Along with it, a discussion of the past year's internet thievery highlights.<br />
<br />
Here's the thing. Don't open those attachments connected to emails even if you know the person unless you are expecting them to be sending you a document. And even then, it's nice to have your security software in place to scan the attachment before it's downloaded. (<a href="http://antispam.yahoo.com/virus" target="_blank">Yahoo! Mail provides this via Norton, nice freebie.</a>)<br />
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<br />Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-87777415729049126772012-01-05T14:49:00.000-08:002012-01-05T14:49:00.077-08:00Drew Peterson and the TV Movie: I Admit It – I’m Gonna Watch Rob Lowe<p>I’ve been keeping up with the <a href="http://en.wikipedia.org/wiki/Drew_Peterson" target="_blank">Drew Peterson</a> case for it seems like years now (hey, <a href="http://www.mylifetime.com/movies/drew-peterson-untouchable" target="_blank">it has been years if you count this December 2007 post</a>) and truth be told, part of me is kinda irked that he’s getting to feel so darn important because now, yes, there is a <a href="http://www.nbcchicago.com/news/local/Drew-Peterson-Movie-Set-to-Air-on-in-January--135315808.html" target="_blank">Lifetime TV Movie bearing his name.</a></p> <p>You know he loves this. <a href="http://articles.chicagotribune.com/2011-12-16/news/ct-met-drew-peterson-movie-20111216_1_tragic-wives-joseph-hosey-sergeant-drew-peterson" target="_blank">He’s even talking to the media via his attorney.</a> </p> <p>And I hate that.</p> <p>However, I am going to watch this movie. <a href="http://www.mylifetime.com/movies/drew-peterson-untouchable" target="_blank">From the previews,</a> Rob Lowe looks to be giving an excellent performance and his hair looks perfect for the role, to boot. I’m happy to see <a href="http://www.imdb.com/name/nm0192505/" target="_blank">Penny from the Big Bang Theory</a><em></em> getting a chance to show us that we really do need to know her name as an actress (besides hosting whatever awards show she’s doing).</p> <p>Maybe this movie will help some battered wife out there get the heck out. At least, that is what I’m going to be telling myself … because this is one guilty pleasure that I’m not going to miss. </p> Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-43559108868077546282012-01-03T14:36:00.001-08:002012-01-03T14:36:05.374-08:00Nonlawyer Firm Ownership – I Think It’s Scary and Wrong.<p>Read today over at Law.com about a growing trend in having law firms owned by NON-lawyers. Wow. </p> <p>To read the article, originally published by Corporate Counsel, check out “<a href="http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1324246665209" target="_blank">IBM General Counsel Robert Weber on Nonlawyer Firm Ownership</a>.” </p> <p>I agree with Mr. Weber. </p> <p>Perhaps this is the final nail in the coffin of law being a profession and not a business. </p> <p>Long ago, when all those challenges to solicitation regulation began <a href="http://www.findlaw.com/01topics/14ethics/cases.html" target="_blank">hitting the U.S. Supreme Court</a> right along with the local and state bars and there was an outcry that “country club solicitation” was unacceptably elitist … and the doors were opened to lawyer advertising and such, well I thought I got it. </p> <p>Law practices were profit-making enterprises, after all. </p> <p>We would lose our professional status, our integrity, if this dam broke, I remember some of the elder statesmen (and stateswomen) of the local bar warning during bar cocktail parties. How old school I thought.</p> <p>Now, I remember what they said. And I think they were right. It makes me sad. And it makes me wonder about our country and our society if lawyers don’t own law firms anymore. Remember Shakespeare’s line about first thing, kill all the lawyers? </p> <p>It wasn’t because lawyers are shady or slimy or manipulative or greedy. It was because lawyers and the legal system hold the society together like a steel skeleton in a skyscraper. </p> <p>Where are we going here? Are we killing all the lawyers here with the concept of nonlawyer firm ownership?</p> Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-3656590462518241222011-11-14T09:42:00.001-08:002011-11-14T10:08:57.694-08:00Child Abuse in All Parts of Town: When Will This Reality Finally Be Recoginzed?Over the past two weeks, there has been a big story out of Texas where a <a href="http://www.youtube.com/watch?v=TVil0y3kUu4" target="_blank"><b>YouTube video was published by the daughter of a Texas judge</b>,</a> showing him beating her (it's graphic and I'm not posting it here, <a href="http://www.foxnews.com/us/2011/11/03/texas-judge-caught-on-video-beating-daughter-needs-help/" target="_blank">you can read more about this case and all the horrid details here</a>).<br />
<br />
<b>Texas Judge William Adams</b> may have had his career destroyed by this video - <a href="http://www.nytimes.com/2011/11/13/us/ruling-against-judge-seen-beating-daughter.html" target="_blank">but he's not going to be charged with child abuse, in all likelihood</a>. Why not? The statute of limitations has expired. <br />
<br />
Meanwhile, everyone is talking about the <b>Penn State scandal</b> - where a respected coach has now been charged with child sexual abuse after allegedly preying on young boys for years. <a href="http://kstp.com/kstpImages/repository/cs/files/Sandusky-Grand-Jury-Presentment-1.pdf" target="_blank">You can read the Grand Jury transcript describing what happened to six victims here. </a><br />
<br />
Bigger deal in the Penn State scandal is the cover up: not only did a graduate student who testified that he saw one young boy being sexually abused in the Penn State showers by this coach not go to help the boy, <a href="http://content.usatoday.com/communities/campusrivalry/post/2011/11/penn-state-mike-mcqueary-threats-will-not-coach-nebraska-game/1" target="_blank">he ends up on the Penn State coaching staff</a>. Oh, and did he tell anyone about what he saw? Yes. He told his dad, and <a href="http://content.usatoday.com/communities/campusrivalry/post/2011/11/penn-state-mike-mcqueary-threats-will-not-coach-nebraska-game/1" target="_blank">he told head coach Joe Paturno ("JoPa")</a>. <br />
<br />
So, now the PennState beloved and revered head coach is in a big scandal of his own. And it's <a href="http://www.huffingtonpost.com/2011/11/10/penn-state-scandal-rumors-sandusky-pimping_n_1086099.html" target="_blank">rumored that there's another shoe that's going to drop here</a>, the story is bigger than what's being reported even now - and it's a big, big story already.<br />
<br />
Here's my point: I know from my years as a volunteer working with kids as well as serving as attorney/guardian ad litem in the local CPS Court that the abuse and neglect cases that get dealt with in the system are almost 100% from the lower (lowest) socioeconomic levels of the community.<br />
<br />
Once -- ONCE -- I remember an investigation into child abuse that was in the more affluent part of San Antonio. What happened? Zip. <br />
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<b>There are lessons to be learned from the Texas Judge YouTube video and the PennState Scandal. We need to learn them.</b><br />
<br />
Kids are neglected and abused in all parts of town, but it's still a big taboo in our society to consider this kind of evil exists at higher socioeconomic levels. Why? I don't have all the answers here. Social stigma? Peer pressure? Powerful people? Approval? Money? <br />
<br />
I don't know all the whys and wherefores. I do know one thing.<br />
<br />
<i>This needs to stop and one good thing that can come from these two news stories is a wake up call that child abuse happens everywhere, not just on the other side of the tracks. </i>Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-39893823841145558082011-11-09T10:33:00.000-08:002011-11-09T10:33:16.507-08:00Texas Border Shootout Near McAllen - and Other Texas-Mexico Border News This WeekNews today out of the Texas Valley is the latest shootout at the border. This time, it's near <b>McAllen</b> and one Texas rancher told reporters he saw men in helicopters shooting other men down on the ground. Let's hope all that happened on the Mexico side of the Rio Grande.<br />
<br />
<a href="http://www.themonitor.com/articles/escobares-56422-swat-teams.html" target="_blank">For local news coverage, read this story in The Monitor. </a><br />
<br />
Also in the news: the border agents at McAllen's <a href="http://www.mcallen.net/bridge/bridge-cam.aspx" target="_blank">Hidalgo-Reynosa International Bridge</a> popped the trunk of a car going from Texas into Mexico because the driver was acting really nervous when they stopped him (that's routine, there on the bridge). <a href="http://www.mysanantonio.com/news/local_news/article/Man-found-cuffed-in-trunk-at-border-2250936.php" target="_blank">Looking down into the trunk, the agents saw a young man in handcuffs with duct tape over his mouth. </a><br />
<br />
The driver has been arrested for kidnapping and the kid (nope, that guy in the trunk wasn't an adult) has been checked out by doctors. <br />
<br />
Third story. Last week, down in <a href="http://www.city-data.com/city/Mathis-Texas.html" target="_blank">Mathis</a> (which is pretty close to Corpus Christi and not really a border town at all) on a Farm to Market Road (FM 666 -- spooky, right?) a shiny Lincoln SUV was cruising along when it was spotted by U.S. Border Patrol and signaled to pull over. Choosing instead to speed off, the Lincoln didn't stop -- and the 20 year old Mexican national who was driving didn't stop for a Border Patrol agent who stood in the road trying to flag him down. <br />
<br />The kid, only 20 years old, was seen as a threat to that agent and the agent shot him - the guy in the road shooting the guy behind the wheel, killing him. <br />
<br />
<a href="http://www.caller.com/news/2011/nov/04/man-killed-by-border-patrol-agent-thursday-a-20/" target="_blank">Lots of agencies are investigating this incident</a> -- the FBI, Homeland Security, etc. -- and it's not clear what if anything was in the SUV that day. <br />
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<br />Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-11423897413830126642011-11-02T10:51:00.000-07:002011-11-02T10:51:42.454-07:00Child Abuse Caught on YouTube Video of Texas Judge Beating Daughter: Child Abuse Doesn't Just Exist In the Poor Sections of TownFrom my years working as an attorney/guardian ad litem down at the Bexar County CPS Children's Court, I learned that lots of folk are caring and concerned, but they just don't want to think about kids getting abused or neglected so they ... well ... don't.<br />
<br />
Which is why Hillary Adams not only videotaping her father, Aransas County Judge at Law William Adams, beating her with a belt, but having the courage to put that video on YouTube is not only courageous but important.<br />
<br />
Because no matter how disturbing that video may be -- and yes, it is graphic and disturbing and horrible -- it's important for people to be aware that child abuse is a very real problem in this country.<br />
<br />
And it's not just happening in the poor sections of town. It's happening everywhere. Like here, in the home of a prominent local family in Rockport, Texas.<br />
<br />
<i>I'm not embedding the video here on my blog, because it is so ugly. While I thought not doing might in some way be a disservice to Hillary Adams, there is the concern of protecting minors from this stuff. </i><br />
<br />
<div style="text-align: center;">
<i><a href="http://www.youtube.com/verify_age?next_url=http%3A//www.youtube.com/watch%3Fv%3DWl9y3SIPt7o" target="_blank"><span style="color: red;">So, go here to see the YouTube video itself. </span> </a></i></div>
<br />
Mind you, this teenager was <a href="http://abovethelaw.com/2011/11/video-allegedly-depicts-texas-family-court-judge-beating-disabled-daughter/" target="_blank">born with cerebral palsy</a> and she's in trouble for downloading stuff off the web in violation of copyright laws. Yep, illegal music downloads ... something that may be against the law, true, but something that teenagers are prey to doing all the time.<br />
<br />
Right now, this story is breaking. Corpus Christi TV is reporting that a <a href="http://www.kristv.com/news/aransas-county-officials-open-investigation-into-video/" target="_blank">criminal investigation</a> has begun; that the Aransas County Courthouse is getting<a href="http://www.kristv.com/news/aransas-county-officials-open-investigation-into-video/" target="_blank"> death threats</a> against Judge Adams, and that <a href="http://www.kztv10.com/full-coverage/video-claims-to-show-aransas-county-judge-hit-daughter/#fcanchor" target="_blank">Judge Adams has confirmed to the media that he is the man in the video.</a><br />
<br />
This is a very bad thing, what is on this video. However, if Hillary Adams' experiences can serve to enlighten people to the realities of child abuse exisiting in all socioeconomic levels, then good can come of this.Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-79925582890943435132011-11-01T15:29:00.000-07:002011-11-01T15:30:29.710-07:00Herman Cain, Politico, and the Sexual Harassment Claims Story ContinuumRight now, I assume you've heard about the <a href="http://www.politico.com/news/stories/1011/67194.html"><i>Politico</i> story</a> about two women who settled sexual harassment claims involving Herman Cain, and got some kind of payment in exchange for not pursuing the matter further and for keeping their mouths shut about the whole thing in the future.<br />
<br />
<a href="http://www.foxnews.com/on-air/hannity/2011/11/01/high-tech-lynching-herman-cain">It's causing a lot of controversy. </a><br />
<br />
Here's the thing: first of all, I'm betting we are all going to know the gory details sooner or later, confidentiality agreement or not.<br />
<br />
Second, after the facts are known, I am not at all sure that this will mark the end of Herman Cain. <a href="http://www.whitehousedossier.com/2011/11/01/response-comments-herman-cain-post/">Some think it will (or that it should).</a> <br />
<br />
Maybe it will if the facts are analogous to the case of <a href="http://en.wikipedia.org/wiki/Samuel_B._Kent">Judge Samuel Kent</a>. I don't know that it will if the facts are analogous to those of <a href="http://www.biography.com/people/clarence-thomas-9505658">Justice Clarence Thomas.</a><br />
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Justice Thomas survived those televised hearings with Anita Hill’s testimony about
the Diet Coke, among other things. Sure, <a href="http://mith.umd.edu/WomensStudies/GenderIssues/SexualHarassment/hill-thomas-testimony">some sordid details.</a> <br />
<br />
Didn't matter.<br />
<br />
However, it was a different story for federal district judge Samuel Kent<a href="http://articles.cnn.com/2009-06-03/politics/judge.impeachment_1_sexual-misconduct-sexual-assault-judge-kent?_s=PM:POLITICS"> once all the facts came to light in his case.</a> There was <a href="http://www.chron.com/news/houston-texas/article/U-S-House-learns-of-Samuel-Kent-s-judicial-1617493.php">testimony of years of aggressive sexual misconduct on the part of Judge Kent provided by two of his female employees to the House Judiciary Committee </a>as part of his impeachment hearings (there was a criminal proceeding in Texas, too). <br />
<br />
<a href="http://texaslawyer.typepad.com/texas_lawyer_blog/2011/08/former-federal-judge-samuel-kent-to-serve-last-three-months-of-sentence-in-home-confinement.html">Former Judge Kent sits in home confinement right now,</a> after serving all but three months of his 33 month sentence in a federal jail cell -- far far away from where Justice Thomas sits today up in Washington.<br />
<br />
<i>Bottom line: IMHO, if
the Cain story is closer to Kent than to Thomas, and that story is
revealed to the public, then I agree, he’s a goner. However, right now,
with just the </i><i>Politico story … I don’t think Herman Cain’s campaign is
doomed. At all. </i>Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com0tag:blogger.com,1999:blog-3949063520977134897.post-50980033518336402032011-10-31T14:24:00.001-07:002011-10-31T14:24:31.105-07:00DNA in the Amanda Knox Case: Experts Refute DNA Evidence Successfully<div xmlns='http://www.w3.org/1999/xhtml'><a href='http://www.wired.com/'>Wired</a> has a great article today detailing the problems found in the DNA evidence presented by the prosecution in the<a href='http://topics.nytimes.com/topics/reference/timestopics/people/k/amanda_knox/index.html'> Amanda Knox </a>murder trial, written by John Timmer for Ars Technica and entitled, "<a href='http://www.wired.com/wiredscience/2011/10/amanda-knox-dna/all/1'><i>Courtroom Science Drama: The Saga of Amanda Knox’s DNA.</i></a>" <br/><br/>One of their experts is <a href='http://www.linkedin.com/pub/larry-kobilinsky/5/634/198'>Dr. Lawrence Koblinsky </a>of the John Jay College of Criminal Justice in New York. You may have seen him on TV.<br/><br/>Point being that the DNA evidence used in the Knox trial not only served as a major tool for the prosecution to have Amanda Knox found guilty of murder, it was also a key factor used by her defense team on appeal to achieve her release. Arguments post-conviction included not only that <a href='http://news.discovery.com/human/dna-evidence-knox-trial-111004.html'>Italian law enforcement may have compromised the DNA evidence during their investigation</a>, but also that DNA evidence found on the murder weapon (a knife) was <a href='http://www.wired.com/wiredscience/2011/10/amanda-knox-dna/all/1'>miniscule and irrevocably tainted in the attempt to amplify that tiny amount</a> into something bigger and therefore, easier to analyze. <br/><i><br/>My prediction: the Amanda Knox case will serve to publicize the weaknesses in DNA evidence and more criminal defense attorneys - both at trial and on appeal - not only will spend more time and effort challenging DNA evidence, the likelihood is increasing that their efforts will be worthwhile. </i><br/><br/><br/><div class='zemanta-pixie'><img src='http://img.zemanta.com/pixy.gif?x-id=4c8ce13b-3305-8b82-9a07-728ade442c84' alt='' class='zemanta-pixie-img'/></div><br /><br /><p class='technorati-tags'><a rel='tag' href='http://technorati.com/tag/dna'>dna</a>, <a rel='tag' href='http://technorati.com/tag/evidence'>evidence</a>, <a rel='tag' href='http://technorati.com/tag/trial'>trial</a>, <a rel='tag' href='http://technorati.com/tag/technology'>technology</a>, <a rel='tag' href='http://technorati.com/tag/crime'>crime</a></p></div>Anonymoushttp://www.blogger.com/profile/12075252729188011233noreply@blogger.com1tag:blogger.com,1999:blog-3949063520977134897.post-40533293971577575002011-10-14T13:15:00.001-07:002011-10-31T16:52:51.847-07:00DNA Evidence Can Be Faked - So Why Do We Continue to Consider DNA Infallible?<div xmlns="http://www.w3.org/1999/xhtml">
DNA is easier to fake than fingerprints at a crime scene, according to scientific experts, and this is something that's been public knowledge for several years now. Read the 2009 article in the <i>New York Times</i>, for example; written by Andrew Pollack, entitled "<a href="http://www.nytimes.com/2009/08/18/science/18dna.html"><i>DNA Evidence Can Be Fabricated, Scientists Show</i></a>," it's got lots of details. Or go peruse <a href="http://docs.google.com/viewer?a=v&q=cache:jGeG5hhCDT4J:www.nucleix.com/pdf/Authentication_of_forensic_DNA_samples.pdf+Dan+Frumkin&hl=en&gl=us&pid=bl&srcid=ADGEESi26RKstO9UFYoIO4KMNaZUNuLJiBoE5s5jV2L8_UKD56-A0GE-dG_-Xr6bYVSo4YO-Ahw0sb5rlkDkd3YoHQ1ivckWoaDVypGn9SCl_CrxUA0jtC_MVEzKAgFLgXvzYgBSrf6_&sig=AHIEtbQgcXkI3eqgm4iJK-4_ZDAHZihEVA">the research paper written by Dr. Daniel Frumkin in Genetics</a>, a source mentioned by Pollack in his coverage. <br />
<br />
<i><b>Why Don't We Know That DNA Evidence Is Not 100% Trustworthy?</b></i><br />
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No one talks about this much, and I wonder how many people really know that we cannot trust DNA just because they do it on TV. Heck, in one <a href="http://www.imdb.com/title/tt1541330/"><i>Law and Order: Special Victims Unit </i>episode</a>, even the TV cops found out that the DNA in their case had been faked. (If you're interested in watching, that was episode 9 of season 11, entitled "Perverted." <a href="http://www.imdb.com/title/tt1541330/">Watch it here.</a>) <br />
<i><br />Faking someone's DNA is easy to do, and it doesn't take all that much skill or education.</i> Apparently, all an evildoer would need is the saliva sample of one person - which they could get off a tossed coffee cup or drinking straw or fork or spoon (well, you get the idea), or from a hair sample, again something that could be pulled from the trash. Then, through a process called "<i>whole genome amplification</i>," the evildoer can create fake DNA samples of that person which evildoers, being what they are - evil doing - could use to cause all sorts of mayhem. <br />
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But that's not the whole story. It's even easier that this for the sinister scientist who wants to fake someone's DNA. If they don't have that tossed coffee cup or hair from a comb, no problem. DNA can also be faked if they can get access to the person's DNA profile, stored somewhere in a computer database. They can cook up some fake DNA using the info on the database as their recipe.<br />
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<i><b>So, why aren't we being told about this? We all need to know that DNA isn't infallible, that we shouldn't automatically trust DNA evidence. </b></i><br />
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Why? Well, I'm just as concerned about overzealous prosecutors as I am about outlaws taking advantage of this opportunity. Seems to me that it is only by greater public awareness that this can happen (and that questionable DNA evidence can be tested to see if it has been faked) that an evildoer trying to plant DNA evidence for sinister purposes can be thwarted. <br />
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