凍結 天然氣 火車 Frozen Gas Train

Defense bill provisions will hamper counterterrorism efforts

Mercury News editorial: Defense bill provisions will hamper counterterrorism efforts

Posted: 01/03/2012 08:00:00 PM PST

It's cold comfort to know that President Barack Obama has "serious reservations" with provisions of the $662 billion defense bill he signed into law as 2011 came to a close. He should have refused to sign until Congress threw out the section that gave the military the power to indefinitely detain people suspected of involvement with terrorism -- even if they're American citizens.

Obama insists that he didn't ask for the authority and doesn't want it: "I want to clarify that my administration will not authorize the indefinite military detention without trial of American citizens," he said. "I believe that doing so would break with our most important traditions and values as a nation."

So until the end of his tenure, Americans may be safe from being snatched by the military and never heard from again -- the kind of thing we expect of tin-pot dictatorships. But now that the insidious provision has become law, future presidents may not share Obama's respect for constitutional rights. Imagine what a Dick Cheney would do with this toy in his hands.

This Congress hardly has been able to agree on anything benefiting all Americans, but this undermining of one of our most cherished ideals -- the right to due process -- in the name of fighting terrorism has bipartisan support. It's not just advocates of civil liberties who are appalled.

Robert Mueller, the head of the FBI, and David Petraeus, the director of the CIA, are opposed. They say the bill will hamper counterterrorism.

High-ranking military officers also are increasingly troubled. Charles C. Krulak and Joseph P. Hoar, two retired four-star generals, wrote a New York Times op-ed last month arguing that the legislation violates the sacred trust "with service members, who enlist believing that they will never be asked to turn their weapons on fellow Americans."

They also warn about the danger of military custody eliminating the role of federal courts in terrorism cases. Since the Sept. 11 terrorist attacks, military commissions have not been effective in winning terror-related convictions.

President George W. Bush, with the help of Cheney and Donald Rumsfeld, gave us Guantanamo and all of its sordid treatment of detainees. As a presidential candidate, Obama promised to close Guantanamo -- all but impossible now that the new legislation also forbids transferring Guantanamo detainees to prisons on American soil.

What will happen if a U.S. citizen suspected of terrorism is arrested by the military? We don't need to ask. It already has happened. Jose Padilla was arrested in Chicago in 2002 for plotting a "dirty bomb" attack. Bush transferred him to a military prison, where he stayed until 2006, when he finally was tried in a civilian court and sentenced to life in prison. Under the new legislation, Padilla could have been held by the military forever, denying him his right to a day in court and denying the public the satisfaction of a conviction. Of course, the military also could have held him forever if there was no real evidence against him.

U.S. Rep. Jerrold Nadler, D-N.Y., voted against the legislation because it challenges "one of the founding principles of the United States -- that no person may be deprived of his liberty without due process of law."

We can only hope that Nadler and other defenders of due process can bring this back to Congress to reconsider. Indefinite incarceration without trial is, in a word, un-American.

Life in prison for having sex with an underage woman???

Jesus don't these pigs have any real criminals to hunt down? You know not the kid of folks who commit victimless crimes like smoking pot or having consensual sex with a teenager, but real criminals who commit real crimes like bank robbers, real rapists, and burglars.

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Arizona man gets 80 years for sex with girl

Jan. 4, 2012 09:46 AM

Associated Press

PRESCOTT -- A Yavapai County man has been sentenced to 80 years in prison for having sex with a teenage girl multiple times.

The Daily Courier (http://bit.ly/wjCNqb ) reports Michael Hadley was found guilty last month on six counts involving child sexual conduct. He was sentenced Tuesday afternoon in Prescott.

Deputy County Attorney Steve Young says Hadley began a multi-year sexual relationship in 2007 with a then-13-year-old girl by suggesting that he was "teaching" her about sex." Young says the activities escalated from massages to, ultimately, intercourse.

Hadley's attorney Alex Harris said the case was about "manipulation and revenge."

In sentencing Hadley, Judge Cele Hancock called the defendant a danger to the community.

Cops don't like safe cities???

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Police union president questions Mesa’s place on ‘safest city’ list

Posted: Wednesday, January 4, 2012 8:29 am

By Mike Sakal, Tribune

A police union president is calling into question the validity of Mesa’s place on a recent magazine list honoring what are supposedly America’s safest cities to live in.

Ryan Russell, president of the Mesa Police Association, voiced concerns over the list — released last week by Forbes Magazine with the East Valley’s largest city coming in as the seventh-safest city in the United States — because it contains crime statistics that are nearly three years old and the ranking was based on limited areas, such as traffic fatality rates and violent crimes for cities with a population of more than 250,000.

Plano, Texas, a short drive north from Dallas, was ranked as the nation’s safest city to live in. The Las Vegas suburb of Henderson, Nev. was second and Honolulu third. The rankings were based on violent crime rates reported by the FBI’s uniform crime statistics and traffic fatality rates reported by the National Highway Traffic Safety administration.

Russell, who is a sergeant in Mesa’s gang unit and also has seen domestic violence incidents increase in the city and a steady flow of gang-related activity, told the Tribune that he was surprised Mesa made the list amid its budget cuts and personnel reductions through attrition in recent years. The Mesa Police Department peaked with 855 uniformed officers on the streets between 2005 to 2008, but now is below 770, according to Russell.

“We need to have Forbes Magazine come out here and ride with our gang unit,” Russell said. “The two areas that Forbes used to rank the cities are just a small piece of the pie. I can understand why they figure in traffic fatalities because that is a vital component to public safety. I think the ranking does speak volumes as to how hard our officers are working.”

By comparison, the gang unit in which Russell is a supervisor of, peaked at 22 detectives and 16 sergeants during 2008 and 2009, but now is at 16 detectives and three sergeants.

Incident response times also increased by 12 to 14 percent since 2009, translating from 3.75 minutes per call to 4.05 minutes today.

Based on crime statistics on cityrating.com, Mesa crime statistics reported an overall downward trend in crime based on data spanning 11 years with violent crime decreasing and property crime decreasing. Based on this trend, the crime rate in Mesa for 2011 is expected to be lower than in 2009.

The city’s violent crime rate for Mesa in 2009 was 1.08 percent lower than the national violent crime rate average, while the city property crime rate in Mesa was higher than the national property crime rate average by 13.08 percent.

In 2009 the city violent crime rate in Mesa was higher than the violent crime rate in Arizona by 4.04 percent and the city property crime rate in Mesa was lower than the property crime rate in Arizona by 3.47 percent, according to the statistics.

In 2009, there were 14 homicides, 123 rapes and 1,303 motor vehicle thefts and 611 robberies reported in Mesa. However, in 2011, all of those categories were projected to see increases by the end of the year.

The crimes projected to slightly drop during 2011 were burglaries, larceny and theft, property crime and arson.

Russell called the rankings an “anomoly.”

“Usually, during hard economic times, crimes goes up. We have seen some violent crimes go down, but others go up,” he said.

“The scope (Forbes) looked at is very small,” Russell added. “Forbes Magazine needs to expand its scope and run the whole gamut of crimes. The individual who has their home or car burglarized, those are the people who look at whether Mesa is the seventh-safest city.”

The safest cities ranking list was compiled by Beth Greenfield, a contributor to Forbes Magazine. Attempts to reach Greenfield for comment have been unsuccessful.

Contact writer: (480) 898-6533 or msakal@evtrib.com

Sheriff Joe will cooperate (NOT!)

Sheriff Joe will cooperate (NOT!)

Sheriff Joe Arpaio has announced that he is willing to cooperate with the Justice Department as it attempts to resolve civil rights violations the department says are rampant in the sheriff’s jail.

And by cooperate the sheriff appears to mean… NOT cooperate.

The sheriff’s lawyers are asking the justice department for all the information it used to draw its conclusions about the jail and claims of racial profiling by his officers. In their letter to the department they criticized the way the investigation has been handled so far.

The sheriff’s letter reads in part, “Nevertheless, regardless of this political gamesmanship, the undisclosed broken promise and apology, and the misleading portrayal of this matter to the media, we stand ready to participate in the constructive dialogue you have suggested.”

Does that sound cooperative to you?

The sheriff’s lawyers add, “Please respond by the close of business on January 18,2011 as to whether the DOJ will agree to provide us with the facts and information we seek and to which Sheriff Arpaio and the MCSO are entitled. As you will see from the attached Request for Documents and Information, we believe that the DOJ should be able to provide us with all the facts, information and documentation which purportedly support its findings by March 19,2012.”

Nothing like demands and a deadline to foster cooperation.

Right?

The sheriff’s letter ends, “We look forward to hearing from you and to resolving this dispute and this investigation amicably and without protracted, expensive, and truly unnecessary litigation.”

Amicably?

That’s almost as funny as suggesting that this process might not be protracted or expensive.

Arpaio's response to Justice Dept. cordial, challenging

Arpaio's response to Justice Dept. cordial, challenging

by JJ Hensley - Jan. 4, 2012 02:05 PM

The Republic | azcentral.com

Sheriff Joe Arpaio informed U.S. Justice Department investigators that he will continue to cooperate with the federal government's efforts to reach a settlement and resolve the racial-profiling allegations leveled against the Maricopa County Sheriff's Office.

Justice Department investigators gave Arpaio until today to acknowledge whether he would participate in a settlement or fight the allegations contained in a 22-page letter of finding the Justice Department's Civil Rights Division released last month.

While Arpaio pledged cooperation, he could not resist taking shots at the long-running federal investigation which the Sheriff's Office has characterized as a "witch hunt." Attorneys for Arpaio wrote that cooperation "can only occur if the DOJ provides the facts and information on which it bases its findings."

The U.S. Justice Department last month accused the Maricopa County Sheriff's Office of rampant discrimination against Latinos in its police and jail operations, prompting an immediate suspension of Arpaio's participation in federal immigration enforcement.

Arpaio and many of his top administrators said they believe Justice Department investigators chose to highlight isolated incidents of racial profiling and did not provide evidence that the Sheriff's Office participates in widespread profiling of Latino residents, as federal investigators have alleged.

Justice Department officials reviewed thousands of documents and conducted more than 200 interviews with sheriff's personnel and former jail inmates during the course of the investigation.

Arpaio said the Justice Department should provide proof to back up the investigators' findings, among them that Latino drivers are four to nine times more likely than White drivers to be stopped by sheriff's deputies.

"And if they cannot prove their findings, which I suspect to be the case, then stop the political posturing," Arpaio said.

Federal officials have declined to release records related to the investigation, saying the matter is ongoing until Sheriff's Office and Justice Department attorneys can come to an agreement or a court intervenes.

Civil-rights investigators conducting similar probes in other cities, including New Orleans, released complete reports along with summaries of the investigators' findings. But some of those probes into other police agencies differed from the investigation into the Sheriff's Office, which was colored by Arpaio's failure to cooperate with the inquiry in the early stages. It wasn't until federal officials filed a rare lawsuit against the Sheriff's Office, threatening to withhold millions of dollars in federal aid to Maricopa County, that Arpaio's administrators relented and gave Justice Department investigators the access and information they were requesting.

The two sides will now enter a 60-day negotiation process designed to bring the parties to some sort of court-enforced resolution on how the Sheriff's Office will address the inadequacies highlighted in the Justice Department report. If attorneys for the Sheriff's Office and Justice Department cannot reach an agreement, a federal court would have to intervene.

The Justice Department began its civil-rights investigation of the Sheriff's Office in 2008 under Republican President George W. Bush. The investigation was publicly disclosed in a March 2009 letter to the Sheriff's Office.

Among the Justice Department's findings released last month:

Hispanics were routinely targeted for traffic stops without reasonable cause and subsequently charged with immigration-related crimes. Legal residents were sometimes treated as if they were illegal immigrants and even jailed.

Latino inmates with poor or no English proficiency were frequently punished for not understanding English, were required to fill out forms in a language they did not understand, or were denied critical services available to English-speaking inmates.

Community activists and critics who spoke out against the Sheriff's Office's treatment of Hispanics were themselves targeted for retaliation.

The Justice Department also found that the Sheriff's Office did not adequately train or supervise its personnel to avoid civil-rights violations and, in fact, permitted the specialized units to engage in unconstitutional behavior.

Also, the department found three additional areas of concern that require further review. Investigators allege that some sheriff's deputies use excessive force against Latinos; the agency's immigration-enforcement programs have caused distrust within the Latino community; and certain types of criminal cases have been improperly investigated.

Overturned conviction frees Texas man who served 31 years in rape

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Overturned conviction frees Texas man who served 31 years in rape

January 4, 2012 | 2:43 pm

A 56-year-old Texas man who served 31 years for rape, was released from prison Wednesday after a judge ruled that prosecutors had withheld evidence that could have helped clear him of the charges.

Rickey Wyatt was convicted in a 1980 sexual assault in Dallas and was sentenced to 99 years in prison. But when new evidence emerged, a Dallas County judge vacated the conviction.

“It’s been a beautiful thing to be able to enjoy your life as free man — for the last 15 minutes,” Wyatt told The Times, only minutes after exiting the courtroom.

In January 1981, Wyatt was arrested in connection with three related sexual assaults and was tried and convicted of one attack. Throughout the trial, he maintained his innocence, rejecting a plea bargain for a five-year sentence.

“It was devastating,” he said. “But I was sure that one day I would be free.”

After his arrest, Dallas Police failed to alert prosecutors of a line-up viewed by one of the victims, said Barry Scheck, co-director of the Innocence Project in New York, which represented Wyatt.

That victim said Wyatt resembled her attacker, but was far too small to be him, Scheck said.

Victims of the crimes had described their attacker as a clean-shaven man who weighed 170 to 200 pounds. During the trial, Wyatt’s friends and family members testified that he consistently had facial hair and weighed about 140.

The prosecutors, while contending that the witnesses were lying, had a photo of Wyatt taken at the time of the arrest that showed him with facial hair and a fingerprint card that documented his weight at 135 pounds.

The prosecution withheld the evidence, never turning it over to the defense. If they had, Wyatt may never have been convicted, Scheck said.

Wyatt’s release is not, however, an exoneration.

The case now goes before the Texas Court of Criminal Appeals, which will decide whether to vacate the conviction based on the new evidence. The Dallas County district attorney’s office will also determine whether DNA evidence is enough to declare Wyatt innocent of the crime.

If he is declared innocent, he is eligible to receive compensation from the state for wrongful imprisonment, Scheck said.

30 years in prison for looking at dirty pictures???

Maybe I could under stand 30 years in prison if the guy raped or murdered the child, but all the guy did was look at a bunch of dirty pictures!!!!

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Elk Grove man gets 30 years for child pornography

Friday, January 6, 2012

(01-06) 21:08 PST Sacramento, Calif. (AP) --

A Northern California man — already sentenced to 60 years in state prison on multiple counts of lewd acts with a child — has been ordered to serve 30 years in federal prison on child pornography charges.

Prosecutors say Bradley Dayley was sentenced in federal court Friday after pleading guilty in September to producing child pornography and to possessing sexually explicit images of minors.

A spokeswoman for the U.S. Attorney's Office in Sacramento says the 40-year-old Dayley will most likely serve his federal sentence before the state sentence.

Dayley was arrested in 2009 after officials with the National Center for Missing and Exploited Children notified Elk Grove police that they had obtained images of a young girl that they thought was being sexually molested.

Maricopa County Sheriff's deputy killed in shootout

Police bullet proof vests are no match for rifles

"The suspect carried a semiautomatic rifle, Arpaio said. Coleman wore a vest, but such vests are no match for such weaponry"

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Maricopa County Sheriff's deputy killed in shootout

by Laurie Merrill - Jan. 8, 2012 10:35 AM

The Republic | azcentral.com

A Maricopa County Sheriff's deputy was slain early Sunday after a burglary suspect opened fire at him at an Anthem medical plaza, sheriff's deputies said.

The burglary suspect, whose name was not released, was fatally shot by a sheriff's deputy after he opened fire, according to Sheriff Joe Arpaio.

Deputy William Coleman, 50, a 20-year veteran, the first deputy killed since 1995, was one of three who responded just after 4 a.m. Sunday to a report of a burglary in progress on Anthem Way just east of I-17, Arpaio said.

"Unfortunately, one of our deputies was killed in the line of today," Arpaio said. "It is extremely sad, for everyone. He was an excellent officer."

A minivan was parked outside near one of the medical buildings at the plaza when the three Sheriff's deputies arrived. The MCSO patrols Anthem, a master planned community roughly 20 miles north of central Phoenix.

"The suspect came out and started shooting at our deputies," said Arpaio, speaking from John C. Lincoln Deer Valley Hospital. One of the deputies, Arpaio said, "returned fire and killed the suspect."

The suspect carried a semiautomatic rifle, Arpaio said. Coleman wore a vest, but such vests are no match for such weaponry, he said.

"Not when the (bad) guys carry semiautomatic weapons," Arpaio said.

Deputies said they could not yet comment on how many times and where Coleman was shot.

Nor do they know, yet, what the suspect had stolen, if anything, and whether he has a criminal record. It's difficult, at best, to know what was in the suspect's mind, authorities said.

"Number 1, there's a war on against police," said Arpaio. "We live in a violent world."

Coleman leaves behind several children, including a 4 and a 7-year-old and a few who are older and have left the nest, Arpaio said.

Arpaio said deputies took a pit bull that was sitting in the suspect's van.

"We are pretty sure this is just an isolated incident," Arpaio said.

Deputy shot and killed in Arizona

Bullet proof vests don't protect cops from rifle bullets

Deputy shot and killed in Arizona

By BOB CHRISTIE | AP

PHOENIX (AP) — A sheriff's deputy was shot and killed while answering a burglary call in the north Phoenix community of Anthem early Sunday, and other deputies shot the suspect, Maricopa County Sheriff Joe Arpaio said.

Deputy William Coleman, 50, and his partner found a suspect in a van with a pit bull dog at a medical building at about 4 a.m., Arpaio said.

The man got out of the van and opened fire with a rifle, striking Coleman under his bulletproof vest. The deputy was taken to a hospital but doctors could not save him.

It isn't clear if Coleman was able to return fire, but other deputies eventually shot and killed the suspect, Arpaio said. The dog was calm and was taken to a sheriff's animal shelter.

Arpaio said investigators were trying to figure out why the 40-year-old man opened fire.

"We're trying to determine his identity, his background, to see if he has warrants or was involved in other criminal activity," Arpaio said. "I want to see who and what his background is, what caused him to come out shooting."

Coleman was a 20-year veteran. He is survived by a wife and two young children, ages 4 and 7, Arpaio said. He also has grown children in another state.

Coleman was assigned as a patrol deputy but had previously worked the sheriff's lake patrol unit.

Last year was one of the deadliest in recent history for law enforcement officers, with 173 killed in the line of duty as of Dec. 28, a 13 percent increase from 2010, according to the National Law Enforcement Officers Memorial Fund. Of those, 68 federal, state and local officers were killed by gunfire in 2011, a 15 percent jump from the year before.

"There seems to be a war on cops across the nation, and here in Arizona," Arpaio said Sunday.

Anaheim police kill man who had BB gun

Anaheim police kill man who had BB gun

January 8, 2012 | 8:49 pm

Anaheim police late Saturday night fatally shot an unidentified man who was carrying what turned out to be a BB gun, a police spokesman said.

Shortly before 11 p.m., several people called police to report seeing a man with a shotgun at an apartment complex on West Ball Road, said Anaheim Police Sgt. Bob Dunn. One of the callers indicated the man was roaming about the carport area of the complex.

Several officers responded and encountered the man in the rear of the complex, Dunn said. Police fired, and the suspect was hit, he said. The suspect, a 36-year-old Anaheim resident, was pronounced dead at the scene. No officers were injured.

Police recovered a gun that they initially believed was a rifle. It later turned out to be a BB gun, Dunn said.

No other information was available. Dunn said the investigation is continuing.

500 mistaken-identity arrests in Denver in seven years

Wrongfully jailed: Records detail more than 500 mistaken-identity arrests in Denver in seven years

Posted: 01/08/2012 01:00:00 AM MST

By Christopher N. Osher

The Denver Post

More than 500 people were wrongly imprisoned in Denver's jails over seven years, with some spending weeks incarcerated or pleading guilty to crimes they did not commit before authorities realized they nabbed the wrong person, a federal court filing shows.

Civil-rights lawyers suing the city and county of Denver assert the documented mistaken-identity arrests "are the tip of the iceberg" and are an undercount of the true magnitude of the problem.

In one case a black man spent nine days in jail after he was arrested on a warrant for a white man wanted on a sex-crimes arrest warrant.

In another, authorities arrested an 18- year-old when they were searching for a man 30 years older.

A white man was hauled in even when the suspect actually was an American Indian who was nearly a foot taller and 100 pounds heavier. He wasn't released until almost a month had passed and not until the victim of the crime alerted authorities at a court hearing that they had the wrong suspect.

Another man was jailed twice on a warrant for second-degree burglary and sexual assault even though his tattoos didn't match the real suspect's, described in the arrest warrant.

"I missed five full days of work and lost five days of wages due to my first mistaken- identity arrest," Carlos Alberto Hernandez, now 34, stated in a declaration filed with the court.

"I also lived in fear that I was going to be terminated from my employer due to the missed work and the accusations about the sexual assault charges. I had problems and numerous arguments with my girlfriend because of the accusation that I was guilty of sexual assault and a sex offender."

City officials say the documented mistakes make up a fraction of the more than 33,000 inmates incarcerated at the Van Cise-Simonet Detention Facility last year. They say they strive to avoid detaining the wrong suspects but concede that mistakes do happen.

"The best we can do is set up processes so these get addressed immediately, and that's what we've done," said Denver police Lt. Matt Murray.

The mistaken-identity arrests are detailed in a 216-page motion filed at the U.S. District Court in Denver by the American Civil Liberties Union of Colorado.

Motion blasts lax tracking system

The wrongful arrests in Denver occurred for a variety of reasons. Often those wrongly held had the same names as criminals, but authorities failed to check their dates of birth. Some were wrongly arrested because their identities had been stolen. In other cases, the last name matched but not the first or middle.

It often took days and sometimes weeks before authorities realized they had the wrong person Right name, wrong guy: Scott Alan Jackson, left, has a name similar to Scott Allen Jackson's, right, but the two have little else in common. Scott Alan Jackson was arrested June 29, 2004, on a warrant for Scott A. Jackson. A judge dismissed the case. (Denver Post file photo) behind bars.

"Denver's approach to this pervasive problem is to put its head in the sand," the ACLU said in the motion asking the judge to rule on behalf of four individuals suing the city for wrongful arrests. Three others represented by the ACLU already have reached settlements with the city.

The ACLU, in the motion, cites a 2010 report by the city auditor's office that blasted the city for having an inadequate system for tracking arrest identity issues.

"We cannot improve what we do not measure," that city audit reported.

Despite the city's lack of a comprehensive system to track mistaken- identity arrests, the ACLU identified 503 such cases from 2002 into 2009 by combing through orders issued by judges, internal affairs records, arrest warrant logs and jail records. The ACLU maintains that many more cases exist but the city's lack of a robust tracking system makes it impossible to get an accurate count.

The ACLU did not document cases after 2009 because that time frame did not match that of the people it is representing.

Denver's lawyers, in court filings, assert that the problem has not reached the level of deliberate indifference needed to show constitutional violations occurred.

"The deliberate indifference standard requires that the municipality have actual or constructive notice that its action or failure to act is substantially certain to result in a constitutional violation, and further, that it consciously or deliberately chose to disregard the risk of harm," Denver stated in a motion seeking summary judgment.

The city further maintained that law enforcement agencies throughout the nation grapple with the issue of mistaken-identity arrests and have failed to come up with a solution.

"There is no simple all-encompassing warrant identification silver bullet in evidence to which the city was deliberately indifferent," the city's lawyers said in court filings.

The city also contends it has made improvements in recent years. Those include a 2007 training bulletin warning police officers that "merely locating a name in a computer database that is the same or similar to a suspect's name does not, by itself, provide probable cause" for an arrest. Supervisors also are now notified when an officer makes a mistaken-identity arrest.

A task force also continues to study the mistaken-identity arrest issue, Murray said.

Can such cases be avoided?

In 2008, the Denver Sheriff Department​ initiated a policy of alerting the police identification bureau when a prisoner claims he or she isn't the actual suspect. From 2009 through the first 11 months of last year, 190 inmates used that new system to complain to deputies that they were being held on warrants for other individuals, an accounting provided by city authorities to The Denver Post shows.

Of those complaints, authorities determined 46 were being held when there was not a valid warrant for their detention. Authorities dropped warrants as not valid on another 73 people but determined they were being properly detained on other valid warrants. The remaining complaints did not hold up, officials said.

Other cases likely exist, according to the ACLU, because the records do not include mistakes found by judges or instances when inmates failed to make a proper complaint.

The ACLU believes many of the wrongful arrests it documented could have been avoided if Denver police officers or sheriff's deputies had taken simple steps and precautions.

The ACLU lawyers say officials often failed to check whether the race or gender of those they were arresting matched arrest warrants. In other cases, they failed to check for identifying markers, such as tattoos, or did not check fingerprints against those already on file of the actual suspects.

Hernandez said officers ignored him when he told them he was not the suspect named in the warrant, Ray Alfonso Hernandez Martinez. The first arrest occurred Aug. 15, 2008, when he was correctly arrested on one outstanding warrant for himself but mistakenly identified as the suspect wanted on another Arapahoe County warrant.

After he posted bond on his legitimate case, he was transferred to the Arapahoe County jail. Deputies there released him when they reviewed a mug shot of the actual suspect and realized they had the wrong person. His tattoos did not match the suspect's.

He was arrested again in October of that same year after he was pulled over for not having proper tags on his license plate, and authorities took him on the Arapahoe County warrant again. Authorities released him a day later after they concluded a mistake had been made. He said he has since had to hire an attorney to help untangle his records from those of the true suspect.

The ACLU filing details 291 orders issued by Denver county judges identifying mistaken-identity arrests — cases the ACLU researched further. Of those cases, more than 200 could have been avoided because police already had on file a fingerprint or mug shot of the correct suspects.

"It seems that it ought to be easy to have a procedure so that at least when someone is brought in on a warrant that the ID bureau could check to make sure the one brought in is the one that is wanted," said Mark Silverstein, legal director of the ACLU of Colorado.

The notes from the judges include the following:

"Wrong defendant brought into court. Jamie Milner is a female. The defendant Jamie Sandoval is male."

"Again wrong person — Yes Ms. Brown, but prints don't match."

"Wrong person entered guilty plea. . . . Pleas vacated."

"Wrong person entered plea fine paid under duress of arrest. Court orders a refund of $89 that was paid."

"Def brought in was wrong defendant . . . Go figure!"

The ACLU had the city perform an electronic search on a set of keywords in judicial orders that might record a mistaken-identity arrest. A judge might not have used one of those keywords or might not have actually noted the mistaken-identity arrest, which means there are likely more mistaken-identity arrests, according to the ACLU.

The problem is magnified in Denver District Court because some of those wrongly arrested in the city have languished for days in jail while they wait for the court system to free up a judge for an initial appearance.

One Denver sheriff's official, in sworn testimony attached as an exhibit, said he had seen many of those arrested go a week without an initial court appearance "many, many, many times."

Christopher N. Osher: 303-954-1747 or cosher@denverpost.com

ID errors put hundreds in L.A. County jails

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ID errors put hundreds in L.A. County jails

Wrongful incarcerations totaled 1,480 in the last five years, a Times inquiry finds.

By Robert Faturechi and Jack Leonard, Los Angeles Times

December 25, 2011

Hundreds of people have been wrongly imprisoned inside the Los Angeles County Sheriff's Department jails in recent years, with some spending weeks behind bars before authorities realized those arrested were mistaken for wanted criminals, a Times investigation has found.

The wrongful incarcerations occurred more than 1,480 times in the last five years. They were the result of a variety of factors, including officials' overlooking fingerprint evidence and working off incomplete records.

The errors are so common that in some years people were jailed because of mistaken identity an average of once a day.

Many of those wrongly held inside the county's lockups had the same names as criminals or had their identities stolen — problems that took days or weeks for authorities to sort out.

In one case, a mechanic held for nine days in 1989 on a warrant meant for someone else was detained again 20 years later on the same warrant. He was jailed for more than a month the second time before the error was discovered.

In another instance, a Nissan customer service supervisor was hauled by authorities from Tennessee to L.A. County on a local sex-crimes warrant meant for someone with a similar name.

In a third case, a former construction worker mistaken for a wanted drug offender said he was assaulted by inmates and ignored by jailers.

"I'm with criminals, and I was a criminal to them," said Jose Ventura, 53, who had never been arrested before.

The problems continue because of a breakdown not just by jail officials but by police who arrest the wrong people and by the courts, which have issued warrants that did not precisely identify the right people.

Sheriff's officials said they make every effort to avoid detaining the wrong suspects. They pointed out that the number of people wrongly identified as wanted criminals makes up a tiny fraction of the 15,000 inmates in the county's jails at any given time. The Sheriff's Department produced the tally of people who were jailed because of misidentification in response to a Times Public Records Act request.

The errors occur in jails up and down the state, and many of the misidentified inmates in the L.A. County sheriff's jails were arrested by law enforcement agencies outside the county.

In California, criminals are assigned a unique nine-digit number matched to their fingerprints. Some warrants issued by judges fail to include those identifiers, making it more difficult for police and jailers to determine whether they have the right suspect.

When those fingerprint numbers are included, police agencies sometimes fail to determine why the arrested person has a different number or no number at all. In those cases, authorities could catch the error by obtaining the wanted criminal's fingerprints from the state Department of Justice and comparing them with those of the person in custody.

"It's bureaucratic sloth and indifference," said attorney Donald W. Cook, who has represented more than a dozen clients mistakenly held on warrants issued for other people. "They don't want to take the heat for letting someone go who a cop has decided, no matter how tentatively, is the subject of a warrant."

Those mistakenly arrested told The Times that they were ignored when they pleaded with police and jail staff about their innocence. In the county jails, the Sheriff's Department has a policy to launch investigations when inmates protest during booking that they are not the wanted people. But records show the department conducted investigations for only a small fraction of the number of people who courts eventually ruled were not the right suspects.

Sheriff's officials said they are bombarded with false innocence claims from inmates. It would be impossible to check every claim, they said, and jailers' authority to release an inmate ordered detained by a judge is limited.

"People lie to us about who they are all the time," said sheriff's Cmdr. David Fender.

Victims of mistaken identification typically go through several rounds of checks before they land in L.A. County Jail. Arresting officers use the name, birth date and driver's license number of the person they stop to check for warrants. The first fingerprint check is usually done when officers bring the people they arrest to the police station where they are booked. From there, inmates are taken either to court or directly to county jail.

Once inmates arrive at the jail, officials there review the fingerprints again and compare what's on a warrant to the personal information for the inmate. But sheriff's officials maintain that their top priority is to hold people awaiting court hearings rather than questioning the validity of the arrests.

"It's not our position or authority to check the work of every police agency in the county," said sheriff's Capt. Mike Parker.

The number of mistaken identifications has been declining, but the department is still on pace to record nearly 200 wrongful detentions this year. For those who are jailed, the experience can be harrowing.

Ventura, the former construction worker, was pulled over on a traffic stop by Chino police and arrested on a warrant meant for someone else. Jailers stripped him and escorted him to a large shower area when he arrived at the L.A. County Jail.

Another inmate, he said, pushed him over so he could use Ventura's shower, leaving Ventura naked on the ground with back pain. Later, another inmate snatched his pair of jail-issued shoes and forced Ventura to apologize.

"Psychologically, I was already dead," he said.

Two days later, Ventura, a member of the Seventh-day Adventist Church, arrived in court. He preached to other inmates in his holding cell as they waited for their hearings.

Once in court, Ventura, a native of El Salvador, watched as his lawyer told a judge that police had arrested the wrong man. The 1994 warrant was for a Mexican national accused of drug possession at a time when Ventura's passport showed he wasn't even in the country, the attorney said. A Los Angeles Police Department official brought the actual suspect's fingerprints to court and concluded that Ventura was the wrong person.

"Mr. Ventura, our apologies," a judge told him as he ordered Ventura released. "Good luck."

Once released, those arrested have little recourse. State and federal laws generally protect law enforcement agencies from lawsuits over such detentions as long as officers were acting on a valid warrant and had a reasonable belief that they were arresting the right person.

Sheriff's deputies pulled over Phillip Reed, a South L.A. youth sports coach, who was on his way home from the grocery store in 2009.

A warrant listed Reed's name, date of birth and driver's license number, but Reed knew he was the wrong man. His younger brother, Marcus, had used Phillip's identity in the past, Reed said in a deposition. Reed had previously obtained a court document showing that another warrant had wrongly named him before.

He said he presented the document to the deputies who pulled him over — a claim that one of the arresting deputies later disputed. Authorities booked Reed even though the person listed on the warrant had a unique fingerprint number and Reed had no number.

That night, inside a county holding cell, Reed said he begged deputies to look inside his wallet, where he kept the judge's form.

In the corner of his cell, Reed recalled in an interview, he began to weep and pray: "I know this is not me. I don't know what else to do. God help me."

It wasn't until the next day that authorities discovered the error and released Reed.

In some cases, warrants contain only names, dates of birth and basic physical descriptions that can apply to multiple people. Many times, officers will encounter people who match most if not all of those details.

In 1989, Santiago Ibarra Rivera spent a week in jail before officials figured out that he was not the man wanted on a warrant for a deadly drunk driving accident. Rivera had no criminal record but shared a similar name and the same birthday as the man for which the warrant was meant.

When he was freed, authorities gave Rivera a court document showing that he had been exonerated. Years later, he lost the record when his wallet was stolen.

The warrant became a distant memory until March 2009, when San Bernardino County sheriff's deputies stopped Rivera while he was riding in a co-worker's car that was missing a front license plate. Deputies ran his name and the warrant appeared.

Rivera pleaded that he wasn't the wanted man and that he'd been wrongly jailed for the warrant once before. He told one of the deputies that he had other court papers at his home to prove it. But the deputies, he said, refused to stop there. According to one of the arresting deputies, Rivera's knowledge of the warrant only served to make him appear guilty.

Rivera said he complained first in San Bernardino County Jail and later in L.A. County Jail, where he was transferred, but was ignored in both lockups.

A review of Rivera's criminal history based on his fingerprints, readily available in law enforcement databases, would have showed that in 1989 he had been arrested and exonerated on a vehicular manslaughter case.

The old court file that contained the real suspect's fingerprints was in the court archives. Rivera languished behind bars as officials searched for them. He implored officials to find his records "as soon as possible because I have to return to my work."

When it was eventually confirmed that Rivera was the wrong person, Superior Court Judge Kathryn Solorzano apologized. "Mr. Rivera, I'm very sorry. I don't know how many days…"

"I think close to a month," Rivera's attorney interrupted, according to a transcript.

"That's terrible," the judge said.

robert.faturechi@latimes.com

jack.leonard@latimes.com

No real criminals for Anchorage pigs to hunt down???

Source

Undercover police nabbing Anchorage bar patrons

by The Associated Press

Jan 09, 2012

ANCHORAGE, Alaska - Undercover police in Anchorage are cracking down on bar patrons who have over-indulged.

The Anchorage Daily News (http://bit.ly/zTHMaG) says charges have been brought against about 20 patrons. Charges also are pending against staff. That has bar owners and restaurant owners crying foul and seeking legal help.

Police Sgt. Mark Rein says the undercover operations involve officers working in pairs. They stroll into a bar and order drinks and scan the room. What they are looking for are the most intoxicated people in the room.

Once the suspects are identified, they call Rein who is waiting outside the bar with uniformed officers. The suspects are then arrested or issued court summons for being drunk on a licensed premise.

The officers also try to track drinks to a particular server.

Alaskan Police crack down on drunkenness in bars

Police crack down on drunkenness in bars

By CASEY GROVE

Anchorage Daily News

Published: January 8th, 2012 11:06 PM

Undercover cops working at Anchorage bars in recent weeks have brought criminal charges against about 20 patrons who police say had too much to drink, and charges are pending for staff who may have served too many drinks to their clientele, police say.

Meanwhile, local hospitality industry representatives say the police are overzealous and unfair. The bar and restaurant owners said they plan to hire a lawyer to defend servers and bartenders caught up in the undercover operations.

According to Anchorage police Sgt. Mark Rein, the cops work like this: Undercover officers, often working in pairs, stroll into a bar, order beers or cocktails and scan the room looking for the most intoxicated person there. Likely suspects might include the guy falling off his bar stool or the lady stumbling and swaying while barely staying on her feet, Rein said.

"It's what I like to call 'drunk-plus,' " Rein said. "One of the things that we've seen is somebody removes their wallet from their back pocket, grabs money, can't seem to count it, and then throws a bunch of money up on the counter. The other thing that we've seen numerous times is actually vomiting in the licensed premises."

Once the plainclothes officers identify someone, they call Rein, who waits outside in a car and radios uniformed officers to arrest the person or issue the person a court summons for being drunk on a licensed premises. The undercover officers also try to track the drunkenness back to a particular server or bartender, Rein said, though that's often more difficult in a crowded bar. A successful investigation also requires proving the bartender or server knew the person was drunk, Rein said.

Customers are often stunned and outraged when they get popped in a bar, Rein said.

"It is commonly a surprise that it is against the law to be drunk at a bar. Some people are really angry and have that kind of, 'what do you expect me to do in a bar' (reaction)," Rein said.

Rein would not comment on the six establishments whose employees he said have pending cases for over-serving. And the police sergeant admits his officers must be subjective in judging drunkenness: There is no set limit for how drunk a person can be in a bar, and the charges are based on the officers' observations, according to the Alcoholic Beverage Control Board.

That doesn't sit well with Darwin Biwer, owner of downtown watering hole Darwin's Theory and board chairman of the Alaska Cabaret, Hotel, Restaurant and Retailer's Association, an industry group that, among other things, trains and certifies the people who serve alcohol in the state.

Biwer says the undercover police are ignorant, overzealous and trying to snatch more federal and state grant money by making more arrests.

"If they don't make a bunch of arrests, they're not going to get their money. They've got to show that they're doing something," Biwer said. "We are the experts. The police aren't the experts. They're just out there trying to justify their overtime."

CHARR plans to hire an attorney to defend local servers and bartenders facing criminal negligence charges when accused of over-serving or accidentally serving to a minor.

In the latest issue of the Alaska CHARR Magazine, the organization's president and CEO, Dale Fox, wrote that CHARR has raised more than half of the roughly $100,000 needed to keep a lawyer on retainer for just such cases.

"Most servers plead guilty, pay the fine, do the short jail term or community service and move on with their lives," Fox wrote. "Really, do we think that a server who makes a mistake is criminally negligent and should be punished by jail time and big fines?"

Biwer said the servers don't have a choice.

"It's not because they're guilty. It's just too expensive to fight it," he said.

Holding a particular establishment responsible for a patron's drunkenness is also questionable, said Pioneer Bar co-owner Denny French. That's because it can be hard to guess how much a person had to drink before entering the bar or what their tolerance might be.

"It's just a very difficult thing to judge, and the bartenders do the best job they can do," French said.

And it's often not as obvious as Sgt. Rein describes, French said. Officers have pulled patrons out of the Pioneer who didn't appear to be drunk at all and weren't causing trouble, he said.

"People go to a bar to drink and have a good time and relax, and if they're not a threat to anybody, I don't agree with a sting," French said. "Of course, we're stationary targets and we're easy to swing at."

Biwer said the officers' observations, compared to an experienced server of 20 or 30 years, is insufficient.

"Police officers, they don't spend much time in bars, they don't really know what 'drunk on premises' means," Biwer said. "You're trying to tell me that a police officer comes in for 15 minutes and knows more about who's drunk than who isn't?"

"Any bar owner does not want somebody drunk on the premises. We want them out of here. If they're drunk, they're falling down, they're stupid or loud or anything, we don't want 'em," Biwer said. "Nobody else likes to have a drunk in the bar, they're just disruptive."

Sgt. Rein said the point of the stings is not to target the patrons or servers specifically, but to have a "chilling effect" on over-serving in general. The ultimate goal, Rein said, is to cut down on violent crime associated with excessive drinking, including assaults and sexual assaults.

"We see a spike in those over the weekends at the bars downtown," Rein said. "You've got hundreds of people walking around, drinking to excess."

"The bar problem downtown, especially on the weekends, is a significant one."

Reach Casey Grove at casey.grove@adn.com or 257-4589.

TSA defends confiscation of Mass. woman's cupcake

Source

TSA defends confiscation of Mass. woman's cupcake

Associated Press

PEABODY, Mass. (AP) — The federal Transportation Security Administration is defending its decision to confiscate a frosted cupcake from a Massachusetts woman flying from Las Vegas.

The TSA says in a blog comment posted Monday the cupcake was packed in a jar filled with icing, which is considered a gel under a policy designed to secure travelers from terrorists seeking to evade detection by using explosives made of plastics, liquids or gels.

Peabody (PEE'-buh-dee) resident Rebecca Hains was barred from taking her cupcake onto a plane last month when a TSA agent said icing in the jar exceeded amounts of gels allowed in carry-on luggage. Hains has called that "terrible logic."

The TSA says travelers can take cakes, pies and cupcakes through security checkpoints but should expect they might get additional screening.

___

Online: TSA blog post about cupcake: http://blog.tsa.gov/2012/01/cupcakegate.html

An Arrest for a Crime That, It Turned Out, Never Happened

Source

An Arrest for a Crime That, It Turned Out, Never Happened

By JIM DWYER

Published: January 10, 2012

Just before he was loaded into the police car, Aaron Vansintjan said, one of the officers looked at him.

Aaron Vansintjan, 21, of Belgium, was arrested outside the 190th Street subway station on his way to the Cloisters.

“He said, ‘I’m embarrassed,’ ” Mr. Vansintjan said.

That was no obstacle to a bad situation’s getting more perplexing by the minut

Aaron Vansintjan, 21, of Belgium, was arrested outside the 190th Street subway station on his way to the Cloisters. Related

“He said, ‘I’m embarrassed,’ ” Mr. Vansintjan said.

That was no obstacle to a bad situation’s getting more perplexing by the minute.

Mr. Vansintjan, 21, a student at McGill University in Montreal, and his family, who live in Belgium, had come to New York for Christmas week.

He wound up arrested one afternoon at gunpoint, taken to the 34th Precinct station house, held for several hours and accused of lying about a crime that he not only had nothing to do with, but that hadn’t even taken place.

“This,” Mr. Vansintjan said with some understatement, “is no way to treat a tourist.”

His story began on the mild Thursday of Dec. 22. He spent the early part of the day shopping at Macy’s with his mother. Then he headed uptown by subway to meet friends at the Cloisters, the collection of medieval art housed high above the Hudson in the towering splendor of Fort Tryon Park.

Getting there involves a slight trick. At the A train stop nearest the museum, 190th Street, there are two exits. One is a ramp that leads to Bennett Avenue, which runs along the base of a cliff at the bottom of the park. The other way out, and by far the most direct, is an elevator to Fort Washington Avenue that drops passengers at the top of the cliff. “I took the ramp out, and found myself at the bottom of the park,” he said.

The day being fine, he decided to scramble up. He carried a Macy’s shopping bag with two white shirts he had just bought, and two books from his school’s library. He was also listening to music. Near the street, he reached a terraced area, and paused.

“I was catching my breath for about 15 seconds,” he said. “Someone ran at me with a gun drawn, screamed at me to get down to the ground, pushed me onto my knees, and then put my face in the ground.”

He was led up the stairs in handcuffs by a plainclothes police officer and others in uniform. “I was under the impression that it was very illegal to walk up the hill,” Mr. Vansintjan said.

Moments earlier, the police had received a report of a burglary in an apartment just across Bennett Avenue from the park. A man said that two intruders had just left his apartment. “He pointed to an individual running up a hill in Fort Tryon Park and identified him as one of the intruders,” said Paul J. Browne, a police spokesman. The chase led to Mr. Vansintjan.

As he was being held on the street, he said, “they told me someone had reported the theft of a Macy’s bag.” He protested that he had been shopping and that he was on his way to the Cloisters. Moreover, he said, his hands were turning purple from the tight squeeze of the handcuffs. They were loosened slightly. The officers suggested that Mr. Vansintjan, who is 5 feet 10 and weighs 130 pounds, had resisted arrest, he said.

The friends waiting for him were astonished to see Mr. Vansintjan surrounded by eight police officers. “They came over and the police told them to get back,” he said. “I said, ‘Those are my friends.’ An officer asked me, ‘Oh, are they your accomplices?’ I said, ‘No, we were going to the museum.’ ”

The man who reported the break-in was driven past Mr. Vansintjan and identified him as a burglar. At the station house, Mr. Vansintjan was unshackled and taken to an interrogation room. “A detective asked me to tell my side of things, and said, ‘If you are honest, we will be easier on you’,” Mr. Vansintjan said. He said he was not told of his right to a lawyer, or to remain silent.

“After I told him what had happened, the detective said, ‘You know, what the other guy is saying doesn’t match up with your story,’ ” Mr. Vansintjan said, an old ruse used to trick people into admissions. “I said, ‘I don’t know what you’re talking about.’ ”

While this was going on, the man who reported the burglary told the police that there had been no break-in, and that people were out to get him, according to Mr. Browne. He was taken to a psychiatric hospital, Mr. Browne said.

Mr. Vansintjan knew nothing of this until I told him on Tuesday. When he was in the holding cell, he was the only white; the 10 others were all being held on pot charges. “If I weren’t white,” he said, he might have been held overnight.

Just before he was released the evening of Dec. 22, Mr. Vansintjan said, a sergeant told him that an antique pocketknife he had been carrying “was a problem.”

“I knew it was legal,” the student said.

“He said they were going to give me a break, so it wouldn’t go on my record, and let me go.”

E-mail: dwyer@nytimes.com

OC cops illegally stop motorists to find homeless killer

Of course that seems like business as usual for the police who consider themselves above the law.

Source

Police searching for serial killer set up roadblocks in O.C.

January 11, 2012 | 7:42 am

A motorist holds a flier distributed by law enforcement officials

A street outside the Placentia shopping center where a homeless man was killed became an arena for questioning Tuesday night, as police continued to search for a suspected serial killer.

One by one, drivers were stopped and questioned by law enforcement officials involved with investigating three killings of homeless men that are believed to be connected, the first of which occurred Dec. 20.

Fliers with a grainy photograph of the suspected killer taken on a surveillance camera and a white Toyota Corolla believed to be connected to the crimes were handed out to drivers.

After a third man, identified as Paulus Smit, 57, was found dead outside a library in Yorba Linda on Dec. 30, police formed a task force with five agencies, including the FBI, to investigate the killings. Two days earlier, police had found Lloyd Middaugh, 42, near a riverbed trail in Anaheim. Investigators believe the deaths are the work of a serial killer.

In an effort to generate more tips and contacts in the community, police interviewed hundreds of drivers and vehicle passengers -- many of whom were on their way home -- about any knowledge of the crimes, and in particular, if they knew James Patrick McGillivray, 53, the first victim to be stabbed to death.

Some people nervously shook their heads when asked whether they knew anything about the crime. Others, such as Naomi Frenzel, 21, complimented police.

Frenzel, who said she lived down the street, was still in her white EMT uniform when she was stopped by FBI agents.

"If anything does pop up, I'll give you a call," she told two men, one clutching a clipboard. She added she has the non-emergency police number programmed into her cellphone.

Others were on their way to grab dinner or a quick coffee at a nearby Starbucks.

A woman driving a black Yukon told officials she drives the route nearly every day. She had seen McGillivray on the streets occasionally but had never spoken with him. She didn't know anything about the white car, either.

"I'm out here all the time," she said. "I see so many white cars."

She wished the agents luck in catching the killer.

"I hope you guys catch this guy," she told police before driving away.

Sgt. Bob Dunn, the spokesman for the Anaheim Police Department, said this is the first time in recent memory that he can recall a roadblock such as this occurring in Orange County. But, he said, it shows a commitment to catching the killer and could prove useful for investigators.

"We want as many people to drive by as possible," he said.

At the end of the night, he was hopeful.

"We definitely have information we can follow up on," he said, as investigators began gathering orange cones.

Drunk cop in fatal accident gets special treatment by the cops???

Source

Jury hears recordings of cop accused in fatal hit-run worrying about his car

By Jason Meisner, Chicago Tribune reporter

9:55 p.m. CST, January 11, 2012

Off-duty Chicago police Officer Richard Bolling was under arrest for allegedly running over a 13-year-old boy in a drunken-driving crash nearly three years ago when a squad car microphone captured him talking to himself as investigators worked the scene.

"Oh, Lord have mercy," Bolling said to himself on a recording played for jurors Wednesday in his trial on charges of aggravated DUI and reckless homicide. "What's wrong with you, man?"

Minutes later, Bolling could be heard worrying about the cracked windshield and front-end damage to his Dodge Charger caused, prosecutors said, when Bolling slammed into Trenton Booker as he rode his bicycle late one night in May 2009. "Look at my car," Bolling exclaimed in the recording. "Oh, man!"

Alone in the squad car, Bolling also pretended to lecture investigating officers about the sack of fast food still in his car. "Don't you eat my White Castles up. … Don't you do that; I'm hungry," Bolling said with a note of humor in his voice.

But moments later, when an officer poked his head into the squad car and told him that Trenton had died, Bolling cried out: "Oh no! Please don't tell me that man. … Oh my God. No, no, no, no, no!"

Trenton's mother, Barbara Norman, and father, Terrence Booker, stormed out of Judge Matthew Coghlan's courtroom while the recording was played at the end of a dramatic day of testimony.

Earlier, a Chicago police officer who stopped Bolling driving the wrong way down a street shortly after the fatal crash testified that he erred when he ruled that night that Bolling passed field-sobriety tests.

Officer Milton Kinnison said he changed his mind after recently reviewing video from the squad car. Told to walk nine steps heel-to-toe, then pivot and walk back, Bolling appeared to take 10 steps instead, make an "improper turn" and use his arms for balance, Kinnison testified.

In the arrest report he typed up that day, Kinnison wrote that Bolling "did not appear to be impaired." But on the witness stand Wednesday, he explained that the video presented a better perspective of Bolling's actions than he had on the night of the arrest.

"At the time of the test, my partner and I were standing on one side of the defendant," Kinnison testified. "When we viewed the video, I could see the other side better."

In his cross-examination, Bolling's attorney, Thomas Needham, pointed out that sergeants, a lieutenant and a commander also observed the field-sobriety tests.

Prosecutors have said Bolling wasn't given the field-sobriety tests until nearly two hours after the crash and took a blood-alcohol breath test an additional 21/2 hours later, registering just under the legal limit of 0.08 percent.

Prosecutors have hinted to jurors that Bolling received special treatment at the scene because he was a police officer. According to court filings, an undisclosed superior officer was captured on the same squad car recording telling Bolling he would "try to help you out as much as possible," but that was not played Wednesday for jurors.

Kinnison testified that before he even administered the sobriety tests, he drove Bolling to a gas station a few blocks away so he could use the bathroom, then brought him back to the crash scene.

Prosecutors asked if that was normal procedure. "No," Kinnison answered.

jmeisner@tribune.com

Door in an ASU dorm magically opens itself and lets the cops in!

Source

Police Beat: Jan. 12

By Shawn Raymundo January 11, 2012 at 7:55 pm

ASU Police reported the following incidents on Wednesday:

Two 18-year-old women were arrested Friday on suspicion of marijuana and drug paraphernalia possession, according to a police report, after community assistants at the Palo Verde East dormitory continually smelled an odor of marijuana from the women’s room.ASU Police officers were notified and sent to investigate, police reported. After the officers knocked on the door, it opened by itself, but there was nobody in the room, according to the report.When officers searched the room, they found a water bong and sploofer tube, which is used to cover up the smell of marijuana, police reported.

The police then searched the adjoining bathroom of the dormitory when they found the women, who allowed the officers to search through the other room, according to the report.

After searching through the room, officers found a bag of marijuana located in the top drawer of a desk, police reported.

When asked if the marijuana and paraphernalia belonged to either of the women, they both denied ownership and said they didn’t know whom it belonged to, according to the report.

The women were arrested and transported to ASU Police Department, but released pending drug charges, police reported.

LAPD sergeant arrested on suspicion of workers' compensation fraud

Source

LAPD sergeant arrested on suspicion of workers' compensation fraud

January 12, 2012 | 12:04 pm

This post has been corrected. See note at the bottom for details.

A veteran Los Angeles police sergeant was arrested on suspicion of felony fraud after department officials said Thursday that he altered a note from his doctor allowing him to collect pay and stay off work beyond the time to which he was entitled.

Juan Fernandez, a 24-year veteran assigned to Mission Division, surrendered to authorities. The LAPD Professional Standards Bureau alleged several violations, including two felonies of workers’ compensation insurance fraud and insurance Fraud.

The sergeant was booked Wednesday at the Los Angeles County Men's Central Jail in lieu of $30,000 bail. If convicted, he faces a maximum sentence of up to seven years in state prison, and/or a fine of up to $150,000.

"The sergeant will get his day in court," said LAPD Cmdr. Andrew Smith. "But we have a very aggressive workers' comp fraud unit that investigates any hint of fraud or abuse of the system."

Fernandez began taking time off after filing a claim on May 13, 2010, the department said in a statement. He did not return to work until March 27, 2011. Citing confidentiality rules, LAPD declined to say what injury or illness led to the leave.

Further investigation found that Fernandez had "submitted an altered doctor's note that allowed him to stay off work beyond the prescribed period and continued to receive compensation he was not entitled to."

The LAPD began investigating Fernandez after he submitted inconsistent doctors' notes, according to a department statement.

Neither Fernandez nor his attorney could be immediately reached for comment.

The Workers' Compensation Fraud Unit was created in 2008 to investigate employees who could be involved in workers’ compensation fraud or benefit abuse. Last year, the unit helped convict a detective involved in fraud. He ultimately pleaded guilty and paid restitution of $105,000, officials said.

[For the Record, 1:41 p.m. Jan. 12: An earlier version of this post quoted LAPD Cmdr. Andrew Smith as saying “we have a very digressive workers' comp fraud unit.” He actually said “we have a very aggressive workers' comp fraud unit.”]

Homeland Security watches Twitter, social media

Source

Homeland Security watches Twitter, social media

Reuters

By Mark Hosenball | Reuters – Wed, Jan 11, 2012

(Reuters) - The U.S. Department of Homeland Security's command center routinely monitors dozens of popular websites, including Facebook, Twitter, Hulu, WikiLeaks and news and gossip sites including the Huffington Post and Drudge Report, according to a government document.

A "privacy compliance review" issued by DHS last November says that since at least June 2010, its national operations center has been operating a "Social Networking/Media Capability" which involves regular monitoring of "publicly available online forums, blogs, public websites and message boards."

The purpose of the monitoring, says the government document, is to "collect information used in providing situational awareness and establishing a common operating picture."

The document adds, using more plain language, that such monitoring is designed to help DHS and its numerous agencies, which include the U.S. Secret Service and Federal Emergency Management Agency, to manage government responses to such events as the 2010 earthquake and aftermath in Haiti and security and border control related to the 2010 Winter Olympics in Vancouver, British Columbia.

A DHS official familiar with the monitoring program said that it was intended purely to enable command center officials to keep in touch with various Internet-era media so that they were aware of major, developing events to which the Department or its agencies might have to respond.

The document outlining the monitoring program says that all the websites which the command center will be monitoring were "publicly available and... all use of data published via social media sites was solely to provide more accurate situational awareness, a more complete common operating pictures, and more timely information for decision makers..."

The DHS official said that under the program's rules, the department would not keep permanent copies of the internet traffic it monitors. However, the document outlining the program does say that the operations center "will retain information for no more than five years."

The monitoring scheme also features a five-page list, attached to the privacy review document, of websites the Department's command center expected to be monitoring.

CONTROVERSIAL SITES

These include social networking sites Facebook and My Space - though there is a parenthetical notice that My Space only affords a "limited search" capability - and more than a dozen sites that monitor, aggregate and enable searches of Twitter messages and exchanges.

Among blogs and aggregators on the list are ABC News' investigative blog "The Blotter;" blogs that cover bird flu; several blogs related to news and activity along U.S. borders (DHS runs border and immigration agencies); blogs that cover drug trafficking and cybercrime; and websites that follow wildfires in Los Angeles and hurricanes.

News and gossip sites on the monitoring list include popular destinations such as the Drudge Report, Huffington Post and "NY Times Lede Blog", as well as more focused techie fare such as the Wired blogs "Threat Level" and "Danger Room." Numerous blogs related to terrorism and security are also on the list.

Some of the sites on the list are potentially controversial. WikiLeaks is listed for monitoring, even though officials in some other government agencies were warned against using their official computers to access WikiLeaks material because much of it is still legally classified under U.S. government rules.

Another blog on the list, Cryptome, also periodically posts leaked documents and was one of the first websites to post information related to the Homeland Security monitoring program.

Also on the list are JihadWatch and Informed Comment, blogs that cover issues related to Islam through sharp political prisms, which have sometimes led critics to accuse the sites of political bias.

Also on the list are various video and photo-sharing sites, including Hulu, Youtube and Flickr.

While a DHS official involved in the monitoring program confirmed the authenticity of the list, officials authorized to speak for the Department did not immediately respond to an email requesting comment.

(Reporting By Mark Hosenball; Editing by Eric Walsh)

Phoenix police internal affairs unit under scrutiny

"Some Police Department employees also blame police-union pressure to lower standards of conduct"

Source

Phoenix police unit under scrutiny

by William Hermann - Jan. 12, 2012 10:04 PM

The Republic | azcentral.com

The Phoenix police officers whose job it is to investigate the actions of their colleagues will soon find themselves under scrutiny.

The city has hired a California firm to assess the Phoenix Police Department's Professional Standards Bureau, the internal-affairs section that reviews and investigates the conduct of the department's own.

The outside review grew out of requests by citizens, the Phoenix police union and police department managers and personnel for an outside appraisal of the procedures and methods used by the bureau.

Phoenix officials confirm that there has been dissatisfaction within department ranks about the bureau's ability to uphold department standards and to conduct investigations fairly. One lieutenant who worked in the bureau recently left his work there in disgust and accepted another assignment.

"Concerns about procedures and methods in the PSB were heard from citizens, police management, from union leaders and others," Phoenix Assistant City Manager Ed Zuercher said.

Zuercher said Matrix Consulting Group, based in Palo Alto, Calif., sent several employees to the department to interview present and past officers of the bureau, as well as others in the department.

Matrix will be paid $77,000 for the work, which is to be completed in 90 days.

Zuercher said the impetus for the assessment came from members of the Community Engagement and Outreach Task Force formed after Phoenix City Councilman Michael Johnson, an African-American and former police detective, was thrown to the ground by a Phoenix officer at a March 2010 house fire. The officer said Johnson had insisted on going dangerously close to the fire, while Johnson said the officer overreacted.

The Task Force sought ways to improve communication and relations between the police department and the residents of south Phoenix in particular. Zuercher said some people expressed concern about the effectiveness of the bureau in policing officers and enforcing proper conduct.

Police Department employees, some of command rank, also have suggested that standards of conduct within the department have eroded, and that lax enforcement by the bureau is partly to blame. Some Police Department employees also blame police-union pressure to lower standards of conduct.

Dave Kothe, a spokesman for the Phoenix Law Enforcement Association, the police union, represents officers facing discipline after bureau investigations. He said "ninety percent of the trouble between PLEA and Police Department management is over internal investigations."

"Again and again we have seen inconsistency in how officer misconduct is treated," Kothe said. "If an officer is in trouble for not writing reports when he has gone on calls, then he should be treated the same as any other officers with similar infractions. That's not what we're seeing."

Grievous as some conduct may seem, Kothe said, similar penalties must apply. As an example, he cited a case last year in which an officer was accused of having intimate relations with women he came into contact with while on duty.

"A lot of people wanted to throw the book at him," Kothe said.

"But in the past when that same kind of conduct was investigated, we didn't fire people; we suspended them," Kothe said. "When they do something with an employee two years ago, they are required to do the same thing on similar misconduct two years later."

The bureau has 21 "sworn officer" personnel, Sgt. Trent Crump, a police spokesman, said.

"Their job is to conduct administrative investigations, including allegations of employee misconduct," Crump said. "They are supervised by an assistant chief, a commander and two lieutenants."

He said the bureau in 2010 conducted more than 200 investigations, including allegations of officer misconduct. It also investigates all officer-involved shootings.

Crump said the Matrix assessment will include"examining the operations of our PSB investigations."

"Matrix will compare current PSB operations with 'best practices' in other departments and they will identify opportunities for improvement," Crump said. "They will examine and evaluate PSB training for its investigators, and supervisory and command staff. They will also look at how cases are assigned, tracked and at the timeliness of case completion."

"There have been concerns related to the quality of PSB investigations, the length of time to do investigations and our ability to hold officers accountable for their actions," Acting Chief Joe Yahner said.

"And you have to hold officers accountable for their actions for there to be public trust in the department," he said. "That's why we welcomed this review and recommended to city management that they go ahead with it ... public trust is what it's all about."

The kid has an excuse. What's ours?

The kid has an excuse. What's ours?

I bring you Exhibit A for why those zero-tolerance policies that are all the rage in school districts are not only silly and the mark of lazy administration, but actually damaging.

To children, that is.

A 7-year-old second grader in Mesa brought a loaded gun to school last week. It seems he had put it into his backpack because he was scared. (And isn't that a natural reaction in this state, where we are constantly told that guns are essential for our personal protection?)

The gun was discovered when it accidentally went off while he was headed home on the school bus.

Thankfully, nobody was hurt. Not yet anyway.

You see, Mesa Public Schools policy calls for anyone who brings a gun to school to be automatically expelled for a year.

No questions asked, no circumstances considered.

It doesn’t matter that Mesa police say the boy had no idea what could have happened and didn’t even seem to understand that pulling the trigger would fire the gun.

The school district's policy says he’s out.

Yeah, that makes sense.

What the boy needs is for someone to sit down and figure out why he felt so vulnerable as to need to bring protection to school.

What his parents need is a safe in which they can lock up their weapons. It also wouldn’t hurt if they schooled their child in the basics of firearm safety if they’re going to leave their guns lying around in closets.

What the school district needs is a policy that considers the circumstances in these cases and doles out punishment accordingly.

This does not sound like a boy who intended to be a danger to anyone, certainly not to his classmates or his teachers. He didn’t have a hit list or a plan to take anyone hostage.

He made a terrible mistake but people, he’s 7.

What’s our excuse?

Boy, 6, ticketed after toy motorcycle hits SUV

Source

Boy, 6, ticketed after toy motorcycle hits SUV

Jan. 12, 2012 02:27 PM

Associated Press

CIUDAD JUAREZ, Mexico -- Police in the Mexican border city of Ciudad Juarez ticketed a 6-year-old boy for reckless driving, driving without a license and not having his toy motorcycle registered after he crashed it into an SUV.

The boy's mother, Karla Noriega, says police also impounded the child-sized motorbike that her son got for Christmas after he ran into an SUV at a park on Dec. 27.

Noriega says she decided to go to the media and make the case public after finding out she would have to pay what she calls a "ridiculous" $183 in fines before she could recover the toy motorbike.

She says authorities dropped the fines and released the motorcycle to her son Gael on Wednesday after local newspapers published her story.

Bill would make possession of hookah by minor illegal

Bill would make possession of hookah by minor illegal

by Alia Beard Rau - Jan. 12, 2012 04:45 PM

The Republic | azcentral.com

It's already illegal in Arizona to sell or give cigarettes, cigars or tobacco to a minor.

But the Legislature may soon make hookahs, water pipes or any other item used for consuming tobacco illegal for minors as well.

House Bill 2034 proposes to make it a petty offense to sell or give such an item to a minor or for a minor to buy or possess such an item. The penalty for a minor would be a $100 fine or 30 hours of community service.

Bill sponsor Rep. Kimberly Yee, R-Phoenix, said constituents asked her to propose the measure because of a growing concern with kids smoking hookahs at local cafes.

Yee said reports have indicated that one hour of hookah inhalation is equal to smoking 100 to 200 cigarettes. She said the tobacco used in hookahs does include toxins linked to cancer. She said the mouthpiece often shared by several people also spreads diseases.

The bill passed the House Judiciary Committee on Thursday, but it still must get through the House Health and Human Services Committee before going before the full House.

Judiciary Committee members had some concerns about the wording in the bill.

Rep. Albert Hale, D-Window Rock, asked that Yee change the bill to exclude instances where juveniles may have a pipe for religious or ceremonial purposes.

"A minor who is a practitioner and a believer in the Native American way and ceremonies will have that," Hale said.

Other lawmakers were concerned that the bill could penalize an adult who bought a hookah on a trip overseas and brought it home as a souvenir gift for a family member.

Yee said she will make changes before the bill goes to the full House, including creating exceptions for ceremonial circumstances.

"This bill is about creating safer public-health standards for our teenage population and sending a clear message that hookah smoke is not a safer alternative to smoking cigarettes," she said.

Tape record a crooked cop in Chicago? Go to jail for 15 years!!!

I am almost certain the police union got that law passed!!!

Source

Bill would let people record audio of cops

By Ryan Haggerty, Chicago Tribune reporter

8:36 p.m. CST, January 12, 2012

With the constitutionality of Illinois' eavesdropping law already facing several court challenges, a Democratic state representative from Northbrook has filed a bill that would allow people to audio-record a police officer working in public without the officer's consent.

"I believe that the existing statute is a significant intrusion into First Amendment rights, so with the prosecutions and the court cases that have been reported about, it just seemed that this is a problem in need of a swift solution," Rep. Elaine Nekritz said in an interview Thursday.

Illinois' eavesdropping law is one of the strictest in the country and makes it illegal to audio-record police without their consent, even when they're working in public. The state is one of a handful in which it is illegal to record audio of public conversations without the permission of everyone involved.

The law — a felony punishable by up to 15 years in prison — has come under increasing scrutiny in the last few years in courts throughout the state.

In August, a Cook County jury acquitted a woman who had recorded two Chicago police internal affairs investigators she believed were trying to dissuade her from filing a sexual harassment complaint against a patrol officer.

In a separate Cook County case, Chicago artist Chris Drew is facing trial for allegedly making an illegal audio recording of Chicago police during a 2009 arrest for selling art on a downtown street without a permit.

And in September, a Crawford County judge ruled the law unconstitutional and dismissed eavesdropping charges against a man accused of recording police and court officials without their consent.

The ruling prompted Illinois Attorney General Lisa Madigan to file notice that she will appeal directly to the state Supreme Court, but she wants to delay arguments until after a ruling from the 7th U.S. Circuit Court of Appeals in Chicago regarding a suit against the law filed by the ACLU in 2010.

Officials with the Fraternal Order of Police in Chicago have said the union backs the current law because it prevents people from making baseless accusations against officers by recording them and then releasing snippets that don't reveal the full context of the incident.

But Nekritz — whose proposed legislation, HB 3944, also would allow a person to record a phone conversation with a business if the business says it may record the call — said police officers working in public should not consider their actions private.

rhaggerty@tribune.com

Twitter @RyanTHaggerty

Arpaio protesters: 'We want him behind bars'

Arpaio protesters: 'We want him behind bars'

by John Genovese - Jan. 13, 2012 06:51 PM

The Arizona Republic-12 News Breaking News Team

About 100 protesters gathered Friday afternoon in downtown Phoenix to demand the arrest of Maricopa County Sheriff Joe Arpaio.

"We want him behind bars," said Carlos Garcia, an organizer for Puente, the human rights group that planned the event.

"The Department of Justice said Arpaio is responsible for the worst case of racial profiling they have ever seen," Garcia said. "You can't make a statement like that and not do anything."

Protesters of all ages gathered about 3 p.m. in Cesar Chavez Plaza, near Washington Street and 1st Avenue, just hours after law enforcement officers mourned the death of Maricopa County sheriff's Deputy William Coleman at a Phoenix church.

Coleman was killed during a shootout last weekend in Anthem.

"This event was planned a month in advance," Garcia said. "We obviously feel for (Deputy Coleman) and his family."

Organizers called for the federal government to end Arpaio's immigration enforcement powers, recommend criminal charges against the Sheriff, and shut down the controversial Tent City Jail.

Sheriff Arpaio responded to the event, calling the protestors "disgraceful" in a message posted to his Twitter account.

"Disgraceful critics protest against me when only hour ago we buried our slain deputy despicable action by pro illegal immigrant group," the tweet read.

Marco Sanchez, a 19-year-old in attendance, believes the Sheriff's Office is deliberately targeting the working-class Latino community.

"I've had many family members leave Arizona in fear since (Senate Bill 1070) was enacted," Sanchez said, referring to the state's controversial immigration law.

"I myself am not a citizen," he said. "But I'm not afraid - that's why I'm here."

The crowd marched a city block across from Cesar Chavez plaza, chanting "Arrest Arpaio, not the people." Further, they called the sheriff "guilty of murdering the people of Phoenix," referring to 44-year-old Ernest "Marty" Atencio, who died last month days after Phoenix police officers struggled with him in a booking area at 4th Avenue Jail and Maricopa County Sheriff's deputies joined in. A hospital report said Atencio was stunned with a Taser six times and then left naked in a safe cell.

According to a news release, organizers will continue to hold bi-monthly rallies until the sheriff is "brought to justice."

Arizona police lieutenant accused of stalking woman

Arizona police lieutenant accused of stalking woman

by Whitney Phillips - Jan. 13, 2012 01:47 PM

A police lieutenant in southwest Arizona was arrested after being accused of stalking a 19-year-old woman, authorities said.

San Luis police Lt. Gerardo Torres is accused of holding the woman against her will during what she called an illegal traffic stop and stalking her for more than 10 months, according to the Yuma County Sheriff’s Office.

The investigation revealed information that corroborated the woman’s allegations, including the traffic stop, said Capt. Eben Bratcher of the Sheriff’s Office.

Both Torres and the woman live in San Luis and are acquaintances, the Sheriff’s Office said. Torres is being held at the Yuma County jail.

Arizona Legislature: Solving problems that don't exist

Arizona Legislature: Solving problems that don't exist

Let’s say you’re a parent, a mother perhaps, and let’s say your child goes missing.

Let’s say she’s, oh, five years old and no one’s seen her for weeks.

Fortunately, the Arizona Legislature is riding to the poor kid’s rescue.

House Bill 2018 would make it a felony if you fail to notify the police when any of your children, age five or below, go missing for more than 24 hours.

OK, a show of hands here: How many of you have had a young child go missing for more than 24 hours and you never bothered to pick up the phone and call the police?

Now, how many of you had your child go missing and you didn’t need to call the police because your panicked screams were so loud they could hear you all the way to Idaho?

One more time: How many of you believe that a parent who fails to notify the authorities that her baby has been missing for more than 24 hours would be motivated to do so by the possibility of finding herself charged with a class five felony?

Me neither.

Apparently, though, there are at least eight people who do. The House Judiciary Committee last week approved the bill, 8-1. Only Rep. Cecil Ash had the common sense to vote against it.

Looking on the bright side, I suppose we should be grateful for the message the Legislature is sending with this bill. It seems our leaders have so capably fixed every real problem facing this state that they are now turning their attention to fixing problems that don’t exist.

How else could they be up to 814 bills introduced already, just a week into the session, with another 600 still to come, if history is a guide?

This particular proposal is Arizona’s version of the “Caylee’s Law,” which is making the rounds in various state capitols across the country. Caylee had the misfortune to be born to Casey Anthony, the infamous Florida mom who offered various explanations for why it took 31 days before anyone reported that her 2 year old was missing in 2008. Naturally, Caylee turned up dead in the woods near her house.

How this bill would prevent such a tragedy is unclear, but it didn’t deter our leaders.

“This law is about protecting babies and young children,” the bill’s sponsor, Rep. Michelle Ugenti, R-Scottsdale, told the Judiciary Committee. “In order to give the child the best possible care and protection, I believe that the absolute minimum requirement and necessity is for that parent or legal guardian to know the whereabouts or physical location of the child at all times. I believe it’s irresponsible for a parent or legal guardian not to know this and inexcusable not to report it in a reasonable amount of time.”

Enter Ash, a Republican from Mesa. “I’m well aware of the Casey Anthony case and I guess there’s a recent one in Arizona (Jhessye Shockley),” he said. “Other than those two cases, are you aware of any other situations where this has occurred?”

Ugenti: “No, not off the top of my head.”

She then went on to explain that she’s working with the Maricopa County Attorney’s Office, so it must be a problem. “It happens enough …, “ she said, “that this bill is appropriate.”

A lobbyist for the county attorney couldn’t think of a case either.

So, it’s happened twice. Once with a Florida woman who was acquitted of murder, a la OJ. And once with a Glendale woman whose child, police believe, currently resides in a landfill south of town.

I don’t see how Ugenti’s bill protects a single child, unless you believe there are preschoolers roaming the streets while their parents remain blissfully unconcerned. As for parents who kill their children, I doubt they’re all that worried about running afoul of a class-five felony.

I suppose Ugenti’s bill might offer a back-door way to put mommy dearest behind bars when you can’t get her for murder. But Anthony was convicted of lying to police and served four years. Jerice Hunter, Jhessye’s mother, could presumably be charged with child abuse if no murder charge is possible.

Under this bill, a parent could get up to 2.5 years in prison for failure to notify the police when her five year old is missing.

Better, then, to hold off on being a lousy parent until the child reaches the ripe old age of six.

At that point, she’s on her own.

Wow the Border Patrol has grown into a huge government bureaucracy.

Wow the Border Patrol has grown into a huge government bureaucracy.

Border Patrol to toughen policy on illegal immigrants

by Elliot Spagat - Jan. 17, 2012 06:49 AM

AP

SAN DIEGO-- The U.S. Border Patrol is moving to halt a revolving-door policy of sending migrants back to Mexico without any punishment.

The agency this month is overhauling its approach on migrants caught illegally crossing the 1,954-mile border that the United States shares with Mexico. Years of enormous growth at the federal agency in terms of staff and technology have helped drive down apprehensions of migrants to 40-year lows.

The number of agents since 2004 has more than doubled to 21,000. The Border Patrol has blanketed one-third of the border with fences and other physical barriers, and spent heavily on cameras, sensors and other gizmos. Major advances in fingerprinting technology have vastly improved intelligence on border-crossers. In the 2011 fiscal year, border agents made 327,577 apprehensions on the Mexican border, down 80 percent from more than 1.6 million in 2000. It was the Border Patrol's slowest year since 1971.

It's a far cry from just a few years ago. Older agents remember being so overmatched that they powerlessly watched migrants cross illegally, minutes after catching them and dropping them off at the nearest border crossing. Border Patrol Chief Mike Fisher, who joined the Border Patrol in 1987, recalls apprehending the same migrant 10 times in his eight-hour shift as a young agent.

The Border Patrol now feels it has enough of a handle to begin imposing more serious consequences on almost everyone it catches, from areas including Texas' Rio Grande Valley to San Diego. The "Consequence Delivery System" -- a key part of the Border Patrol's new national strategy to be announced within weeks -- relies largely on tools that have been rolled out over the last decade on parts of the border and expanded. It divides border crossers into seven categories, ranging from first-time offenders to people with criminal records.

Punishments vary by region but there is a common thread: Simply turning people around after taking their fingerprints is the choice of last resort. Some, including children and the medically ill, will still get a free pass by being turned around at the nearest border crossing, but they will be few and far between.

"What we want to be able to do is make that the exception and not necessarily the norm," Fisher told The Associated Press.

Consequences can be severe for detained migrants and expensive to American taxpayers, including felony prosecution or being taken to an unfamiliar border city hundreds of miles away to be sent back to Mexico. One tool used during summers in Arizona involves flying migrants to Mexico City, where they get one-way bus tickets to their hometowns. Another releases them to Mexican authorities for prosecution south of the border. One puts them on buses to return to Mexico in another border city that may be hundreds of miles away.

In the past, migrants caught in Douglas, Ariz., were given a bologna sandwich and orange juice before being taken back to Mexico at the same location on the same afternoon, Fisher said. Now, they may spend the night at an immigration detention facility near Phoenix and eventually return to Mexico through Del Rio, Texas, more than 800 miles away.

Those migrants are effectively cut off from the smugglers who helped them cross the border, whose typical fees have skyrocketed to between $3,200 and $3,500 and are increasingly demanding payment upfront instead of after crossing, Fisher said. At minimum, they will have to wait longer to try again as they raise money to pay another smuggler.

"What used to be hours and days is now being translated into days and weeks," said Fisher.

The new strategy was first introduced a year ago in the office at Tucson, Ariz., the patrol's busiest corridor for illegal crossings. Field supervisors ranked consequences on a scale from 1 to 5 using 15 different yardsticks, including the length of time since the person was last caught and per-hour cost for processing.

The longstanding practice of turning migrants straight around without any punishment, known as "voluntary returns," ranked least expensive -- and least effective.

Agents got color-coded, wallet-sized cards -- also made into posters at Border Patrol stations -- that tells them what to do with each category of offender. For first-time violators, prosecution is a good choice, with one-way flights to Mexico City also scoring high. For known smugglers, prosecution in Mexico is the top pick.

The Border Patrol has introduced many new tools in recent years without much consideration to whether a first-time violator merited different treatment than a repeat crosser.

"There really wasn't much thought other than, 'Hey, the bus is outside, let's put the people we just finished processing on the bus and therefore wherever that bus is going, that's where they go,'" Fisher said.

Now, a first-time offender faces different treatment than one caught two or three times. A fourth-time violator faces other consequences.

The number of those who have been apprehended in the Tucson sector has plunged 80 percent since 2000, allowing the Border Patrol to spend more time and money on each of the roughly 260 migrants caught daily. George Allen, an assistant sector chief, said there are 188 seats on four daily buses to border cities in California and Texas. During summers, a daily flight to Mexico City has 146 seats.

Only about 10 percent of those apprehended now get "voluntary returns" in the Tucson sector, down from about 85 percent three years ago, said Rick Barlow, the sector chief. Most of those who are simply turned around are children, justified by the Border Patrol on humanitarian grounds.

Fisher acknowledged that the new strategy depends heavily on other agencies. Federal prosecutors must agree to take his cases. U.S. Immigration and Customs Enforcement must have enough beds in its detention facilities.

In Southern California, the U.S. attorney's office doesn't participate in a widely used Border Patrol program that prosecutes even first-time offenders with misdemeanors punishable by up to six months in custody, opting instead to pursue only felonies for the most egregious cases, including serial border-crossers and criminals.

Laura Duffy, the U.S. attorney in San Diego, said limited resources, including lack of jail space, force her to make choices.

"It has not been the practice (in California) to target and prosecute economic migrants who have no criminal histories, who are coming in to the United States to work or to be with their families," Duffy said. "We do target the individuals who are smuggling those individuals."

Fisher would like to refer more cases for prosecution south of the border, but the Mexican government can only prosecute smugglers: smuggling migrants is a crime in Mexico but there is nothing wrong about crossing illegally to the United States. It also said its resources were stretched on some parts of the border.

Criticism of the Border Patrol's new tactics is guaranteed to persist as the new strategy goes into effect at other locations. Some say immigration cases are overwhelming federal courts on the border at the expense of investigations into white-collar crime, public corruption and other serious threats. Others consider prison time for first-time offenders to be excessively harsh.

The Border Patrol also may be challenged when the U.S. economy recovers, creating jobs that may encourage more illegal crossings. Still, many believe heightened U.S. enforcement and an aging population in Mexico that is benefiting from a relatively stable economy will keep migrants away.

"We'll never see the numbers that we saw in the late 1990s and early 2000s," said Edward Alden, senior fellow at the Council on Foreign Relations.

Doris Meissner, who oversaw the Border Patrol as head of the former Immigration and Naturalization Service in the 1990s, said the new approach makes sense "on the face of it" but that it will be expensive. She also said it is unclear so far if it will be more effective at discouraging migrants from trying again.

"I do think the Border Patrol is finally at a point where it has sufficient resources that it can actually try some of these things," said Meissner, a senior fellow at the Migration Policy Institute.

Tucson, the only sector to have tried the new approach for a full year, has already tweaked its color-coded chart of punishments two or three times. Fisher said initial signs are promising, with the number of repeat crossers falling at a faster rate than before and faster than on other parts of the border.

"I'm not going to claim it was a direct effect, but it was enough to say it has merit," he said.

Do police officers pay for release time?

Do police officers pay for release time?

January 18, 2012

By Goldwater Institute

By Taylor Earl

The Goldwater Institute recently filed a lawsuit challenging Phoenix’s “release time” practice that sends six city police officers to work as full-time union managers, 35 to work as part-time union representatives, and one to work as a union lobbyist. Although these employees are released from city duties to perform union duties, taxpayers continue to pay the officers’ salaries and benefits.

The city and the union say this practice doesn’t waste taxpayer money because it’s police officers who pay for the release time by foregoing higher pay and benefits in exchange for release time.

But that isn’t true.

The city doesn’t consider release time a trade off for lower officer salaries – until recently the city council didn’t know release time existed. The city grants release time simply because it’s been buried in the city’s contracts with the unions since the 1970s.

And even if the city does grant release time in exchange for officers accepting lower pay, it doesn’t mean officers are funding release time. As long as the city signs the paychecks of officers doing union work, taxpayers are the ones who pay.

Officers would fare better if the city defunded release time and redirected the associated $950,000 per year to officer salaries. Then, individual officers could choose whether to keep their portion of the money or put it back into funding release time via union dues.

Of course, union bosses fear this idea — give officers direct control over the funding of release time, and they just might find that six full-time union managers and 15,000 hours of release time aren’t necessary after all.

Taylor Earl is a staff attorney at the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation.

Andrew Thomas, Lisa Aubuchon fight to remain lawyers

Andrew Thomas, aide fight to remain lawyers

by Michael Kiefer - Jan. 18, 2012 09:41 PM

The Republic | azcentral.com

Former Maricopa County Attorney Andrew Thomas and one of his deputies this week filed formal responses to the call from the State Bar of Arizona prosecutor to have them disbarred.

They denied that they had committed unethical acts or had filed charges and civil lawsuits as political retaliation during their years-long battles with judges, supervisors and other county officials.

Lisa Aubuchon and Rachel Alexander, who faced lesser penalties, both threw responsibility to Thomas.

All three also felt that the political retaliation was aimed at them, not the reverse. And all asserted that the independent Bar counsel appointed to investigate and try them had failed to show the "clear and convincing evidence" needed to disbar Thomas and Aubuchon or impose lesser sanctions against Alexander.

Thomas' attorney likened the proceedings to a witch hunt, citing a line from a movie by the British comedy troupe Monty Python: "We have found a witch! May we burn her?"

Thomas is charged with 32 violations, Aubuchon with 28, including conflict of interest, using their positions to burden or embarrass others, dishonesty, prejudicing the administration of justice, and engaging in criminal conduct.

Alexander is accused by Bar counsel of committing six ethical violations, all related to a civil racketeering lawsuit she helped Thomas and Aubuchon file against judges, supervisors, county officials and their attorneys.

The disciplinary hearing began last September and ended in early November. In late December, Independent Bar counsel John Gleason and James Sudler filed a closing argument in writing.

Thomas, Aubuchon and Alexander had until Tuesday to respond, also in writing. Thomas, in fact, filed only a 91-page memorandum and has yet to file his "conclusions and findings of law."

His attorney, Don Wilson, wrote that much of the testimony in the Bar hearing had been irrelevant, and that the Bar counsel's findings were "overblown."

Thomas, he wrote, "genuinely thought he was fighting widespread corruption. Unfortunately for him, he had powerful Machiavellian adversaries aided by a judiciary hostile to his office."

Aubuchon was portrayed by her attorney, Ed Moriarity, as "a career prosecutor who has dedicated her life to upholding the law" and who was caught up in a process not of her own making.

She did not know that other attorneys in her office had refused to handle some of the controversial cases, and did not originate the investigations or even draft all of them, he claimed.

Therefore, Moriarity wrote, "The sanctions suggested in (Bar counsel's) closing brief are grossly disproportionate to the violations alleged."

Moriarity also reiterated a request to reopen testimony to mitigate any potential sanctions, but on Wednesday, Presiding Disciplinary Judge William O'Neil denied the request.

Alexander's attorney, Scott Zwillinger, repeated the question he asked in his opening statements in September: "Why is Rachel Alexander here?"

Zwillinger depicted his client as a young and inexperienced attorney who was "misled by the experienced lawyers she trusted."

Gleason and Sudler have until the end of January to file their rebuttal, and then a three-member disciplinary panel will present its decision within 30 days.

Chicago narc convicted of DUI and reckless homicide

Source

Off-duty cop guilty in fatal DUI

Chicago officer convicted in 2009 collision with 13-year-old riding bike on South Side

By Jason Meisner, Chicago Tribune reporter

January 19, 2012

Trenton Booker's family cried silently behind a glass partition in a Cook County courtroom Wednesday as Chicago police Officer Richard Bolling was convicted in the 13-year-old boy's death in a hit-and-run.

The boy's father, Terrence Booker, clutched a wet tissue and silently pumped his fist. Seated in the bench behind him, Trenton's mother, Barbara Norman, held hands with her sister and cried.

A jury deliberated about nine hours over two days before convicting Bolling of aggravated drunken driving, reckless homicide and leaving the scene of a fatal accident in the crash that killed Trenton as he rode his bike late one night in May 2009.

"We feel vindicated," Booker said shortly after the verdict was announced. "We got justice for Trenton after all these years."

Judge Matthew Coghlan revoked Bolling's bond. The decorated 17-year veteran narcotics officer was booked into Cook County Jail, where he will remain in protective custody until his scheduled sentencing in February. He faces up to 15 years in prison, but is also eligible for probation.

Bolling's family, including his father, retired Chicago police Cmdr. Douglas Bolling, left the Criminal Courts Building without comment. But Needham described the younger Bolling as a church-going family man. "This is a good man, and he does not belong in prison," he said.

Bolling was suspended from the department after his arrest and the city is moving to fire him, Needham said.

Prosecutors argued Bolling received preferential treatment from police the night his Dodge Charger struck and killed Trenton at 81st Street and Ashland Avenue. Bolling was arrested a few blocks away driving the wrong way down a one-way street with an open beer in the front console of his car and alcohol on his breath. He immediately announced he was a police officer, according to the officers who stopped him.

A video camera in a squad car picked up an undisclosed superior officer telling Bolling about 30 minutes after he was stopped that "I'm gonna try to help you out as much as possible." Jurors did not hear that evidence, however.

One of the officers testified that she was ordered to "hold off" on field sobriety tests by her watch commander. Those tests weren't administered until two hours after the crash — but not before Bolling was taken to a washroom and allowed to freshen up.

The two arresting officers reported at the time that Bolling passed the sobriety tests, but both officers changed their opinions at trial, testifying that they now felt he had flunked key parts of the "walk-and-turn" test after reviewing the squad car video. One officer said she was "nervous" when she administered the tests because of all the superior officers at the scene.

It wasn't until 4 1/2 hours after the crash that Bolling, on orders of an internal affairs sergeant, took a blood-alcohol breath test, registering just below the legal limit of 0.08 percent. A forensic toxicologist told jurors that she estimated Bolling's blood-alcohol content at the time of the crash was as high as twice the legal limit.

Needham denied that Bolling ever asked for or received special treatment.

"That doesn't matter now," Terrence Booker said when asked about the allegations of police favoritism. "He's been convicted of all counts. … Today the justice system worked."

jmeisner@tribune.com

Only terrorists take photos - Well at least that's what the cops think.

A snapshot of our times

By George F. Will, Published: January 18

LOS ANGELES

Shawn Nee, 35, works in television but hopes to publish a book of photographs. Shane Quentin, 31, repairs bicycles but enjoys photographing industrial scenes at night. The Los Angeles County Sheriff’s Department probably wishes that both would find other hobbies. Herewith a story of today’s inevitable friction between people exercising, and others protecting, freedom.

When the Los Angeles Police Department developed a Suspicious Activity Report program, the federal government encouraged local law enforcement agencies to adopt its guidelines for gathering information “that could indicate activity or intentions related to” terrorism. From the fact that terrorists might take pictures of potential infrastructure targets (“pre-operational surveillance”), it is a short slide down a slippery slope to the judgment that photography is a potential indicator of terrorism and hence photographers are suspect when taking pictures “with no apparent aesthetic value” (words from the suspicious-activity guidelines).

One reason law enforcement is such a demanding, and admirable, profession is that it requires constant exercises of good judgment in the application of general rules to ambiguous situations. Such judgment is not evenly distributed among America’s 800,000 law enforcement officials and was lacking among the sheriff’s deputies who saw Nee photographing controversial new subway turnstiles. (Subway officials, sadder but wiser about our fallen world, installed turnstiles after operating largely on an honor system regarding ticket purchases.) Deputies detained and searched Nee, asking if he was planning to sell the photos to al-Qaeda. Nee was wearing, in plain view, a device police sometimes use to make video and audio records of interactions with people, and when he told a deputy he was going to exercise his right to remain silent, the deputy said:

“You know, I’ll just submit your name to TLO (the Terrorism Liaison Officer program). Every time your driver’s license gets scanned, every time you take a plane, any time you go on any type of public transit system where they look at your identification, you’re going to be stopped. You will be detained. You’ll be searched. You will be on the FBI’s hit list.”

Nee is not easily discouraged — the first day he took photographs of street life, one of his subjects punched him — and has a bantam rooster’s combativeness when it comes to exercising his rights. He exercised them again, successfully, when police told him to stop photographing during an incident while he was standing next to Shania Twain’s star on the Hollywood Walk of Fame.

Quentin, who finds aesthetic — and occasional monetary — value in photographs of industrial scenery at night, was equally persistent when deputies ordered him to stop taking pictures, lest they put his name on a troublesome FBI list. He was on a public sidewalk, using a large camera on a tripod, photographing an oil refinery at 1 a.m. He has a master’s degree in fine arts from the University of California at Irvine, so there.

Quentin — who in another incident was detained for 45 minutes in the back of a squad car — and Nee are not the only photographers who have collided with law enforcement. In conjunction with a Long Beach Post story on distracted drivers, a photographer went to a busy intersection to take pictures of people texting and talking on hand-held phones while driving. A courthouse was in the background; deputies called it a “critical facility,” so his picture-taking was “suspicious activity.” He was given a pat-down search, and deputies demanded to see the pictures he had taken.

On behalf of such photographers, Peter Bibring of the American Civil Liberties Union of Southern California has filed a complaint alleging violations of the First Amendment (photography as an expressive activity; freedom of the press is constitutionally guaranteed) and Fourth Amendment (unreasonable searches of persons and their cameras).

Bibring, not a stereotypical ACLU fire-breather, is sympathetic about the difficult decisions law enforcement officers must make concerning the shadowy threat of terrorism. “Points of friction,” he says equably, “are inevitable.”

As are instances of government overreaching in the name of security. Most seasoned law enforcement professionals, however, have sufficient judgment to accommodate the fact that online opportunities for the dissemination of photographs mean lots of people can plausibly claim to be photojournalists.

Furthermore, digital cameras — your cellphone probably has one — are so inexpensive and ubiquitous that photography has become a form of fidgeting: Facebook users upload 7.5 billion photos every month.

This raises reasonable suspicions not of terrorism but of narcissism, which is a national problem but not for law enforcement.

georgewill@washpost.com

DC cop busted for stealing money from subway machines

Metro employees charged with stealing thousands from transit authority

By Dana Hedgpeth

Two Metro employees have been arrested and charged with stealing thousands of dollars in coins from the transit authority, according to the U.S. Attorney’s Office for the Eastern District of Virginia.

It was unclear how much money may have been stolen. Metro General Manager Richard Sarles said in a statement that the transit authority’s chief financial officer will “immediately bring in forensic accountants to conduct a thorough review of control systems and management over revenue systems to fully understand how wrongdoing occurred and to implement tighter detection systems.”

Horace Dexter McDade, 58, of Bowie, a revenue technician, and John Vincent Haile, 54, of Woodbridge, a Metro Transit Police officer, were charged with “conspiring to commit theft from programs receiving federal funds,” according to a news release from prosecutors.

Sarles said that Haile has been suspended without pay and “is in the process of being terminated.” McDade also has been suspended. Sarles said the supervisor of the revenue facility has “been relieved of his duties.”

Sarles said Thursday afternoon just before a board finance committee meeting to discuss the budget, that he was “thoroughly disgusted and dismayed by the actions of the two employees.” He described it as a “betrayal to all the honest employees of Washington Metro.”

“Each night, the Metro put its trust — and its money — in the hands of these two defendants, and these men are accused of ripping off thousands of dollars from the Metro and local taxpayers,” U.S. Attorney Neil H. MacBride said in a statement.

Court documents state that a confidential source said that between October 2011 and December 2011, Haile brought in more than $28,000 in coins and cash to pay for lottery ticket purchases. His bank records also showed “significant unexplained cash deposit activity in excess of $150,000 since 2008,” according to an investigation and court documents.

McDade services Metro rail stations’ fare machines when they are broken, according to court records. He’s been with Metro since 1979.

Haile works as a transit police officer and provides “protection and security” for revenue technicians as they go throughout the system collecting funds and taking them to Metro’s revenue collection facility in Alexandria. He’s worked for Metro Transit Police since 1997.

The two allegedly conspired to “steal bags of coins while working together transporting funds for Metro in a company vehicle,” court papers stated.

When assigned to Metro’s Money Train, which collects and transports funds and doesn’t carry passengers, he would change his schedule to work with McDade, the records said.

On Jan. 3, before going to the revenue facility in Alexandria as they were supposed to do, Metro Transit Police officers saw McDade and Haile “driving off their route” to a parking lot of a Marriott Courtyard Hotel in Alexandria, where they “hid bags of coins beneath an underpass,” according to court records.

Later that night, the two were caught on video and with a GPS tracker retrieving these “hidden bags of coins on their way home after their shifts ended.” Court records said they did this routine on “repeated numerous times.”

If convicted, they face a maximum penalty of five years in prison. They were arrested Wednesday night without incident and are scheduled to appear before a magistrate judge Thursday at 2 p.m.

Sarles said the investigation was initiated in October 2011 when “financial irregularities were brought to the attention” of Metro’s inspector general.

The investigation was conducted jointly with the inspector general, Metro Transit Police, the FBI, the U.S. Attorney’s Office for the Eastern District of Virginia, Alexandria Police and the Commonwealth’s Attorney for the City of Alexandria.

Metro Transit Police Chief Michael Taborn is expected to do a “top-to-bottom” assessment of all policies and procedures” of officers assigned to the revenue collection unit. He said it may result in reassigning some employees to the unit as the inspector general reviews it and other internal reviews are done.

“I want to say clearly that we will not tolerate theft from Metro, and employees — especially law enforcement personnel — will be held accountable,” he said.

Bell police got undeserved disability pensions

Bell police got undeserved disability pensions, investigation finds

By Jeff Gottlieb, Los Angeles Times

January 19, 2012, 11:54 p.m.

More than half of the disability retirements awarded to police officers under former Bell City Administrator Robert Rizzo — including those given to three police chiefs — should not have been granted, and workers' compensation settlements for 13 officers were "exceedingly large," an investigation has concluded.

As a result of those awards, the officers could receive millions of dollars in extra benefits. The advantage of a disability retirement is that only half of the pension is taxed; workers' compensation settlements are tax free.

The city investigation was prompted by the state retirement system after the Los Angeles Times inquired about allegations that one of L.A. County's poorest cities had used disability and workers' compensation to provide bonus pay to police chiefs Rizzo had forced out. The California Public Employees' Retirement System asked Bell to investigate.

The Times reported that in at least two instances, the city wrapped severance and unused vacation and sick time into the workers' comp settlements, which experts said violated tax laws.

Rizzo and seven other officials in the financially strained town have been accused of draining the city treasury by paying themselves enormous salaries, handing out generous pensions and lending city money to employees and businesses.

David Thomas, the attorney who conducted the city's investigation, said that if CalPERS arrives at the same conclusion as the city, he expects it will refer the matter to the district attorney. It is unclear whether the awards and settlements can be rolled back.

A CalPERS spokesman said the agency will conduct its own investigation. "If we believe the pensions were improperly awarded, we will take all steps necessary to recover the money, including referring the issues to the appropriate authorities for further investigation," spokesman Brad Pacheco said in an email.

The Times has also reported that the Internal Revenue Service is investigating.

In an email, Bell Mayor Ali Saleh called the retirement packages "another example of Rizzo's shameless disregard for Bell residents."

Because Bell is self-insured, the cost of the worker's comp settlements falls on the city.

In a four-page letter to CalPERS last week, Thomas said his investigation was "nothing short of a revelation." He said that the disability retirements were not justified in seven of the 13 cases, including those awarded to former chiefs Michael Chavez, Andreas Probst and Dennis Tavernelli.

None of the former police chiefs commented on the investigation's findings.

Chavez receives an annual pension of $117,942, Probst $160,649 and Tavernelli $169,027. Chavez received a workers' comp settlement of $140,00, Probst received $250,000 and Tavernelli $395,667.

A disability pension does not prevent them from taking other jobs.

Thomas said in an interview that the disabilities of the seven officers "were not justified based on the existing medical evidence."

In his letter, he cited Tavernelli as an example. The police chief suffered a heart ailment, and his doctor said he should limit his heavy lifting and have "no exposure to greater than ordinary amounts of stress."

Those restrictions would have prevented him from working as a patrol officer, but not as police chief, Thomas said. Tavernelli told the doctor he had planned to retire anyway.

"The clear implication is he wasn't forced to retire because of injury," Thomas said.

State law allows cities to approve disability retirements when an on-the-job injury prevents an employee from performing normal duties.

Rizzo cut a similar agreement to persuade Randy Adams to take the police chief job in 2009. Adams negotiated a deal that the city would support his application for a disability pension. Adams did not apply for a disability retirement when he left the chief's job in Glendale just before going to Bell. Adams stepped down from office when the Bell scandal broke in 2010 and his $457,000-a-year salary became public.

Rizzo's attorney, James Spertus, said that the retirement investigation is another example of how Bell is under pressure to get Rizzo convicted or else it could owe him a large sum of money from his contract. Spertus questioned how Rizzo benefited from the scheme.

City officials have said Rizzo used the police retirement scheme to persuade officers he wanted off the force to leave quietly or to reward allies. The seven suspect disability pensions were given to police administrators with the rank of lieutenant or higher.

In a previous interview, Probst said Rizzo told him to retire or be fired.

He said the city owed him about $325,000 in severance, vacation and sick pay. Rizzo offered him $200,000, according to Probst, and encouraged him to apply for a disability retirement. Probst said Rizzo told him "the city saves money and you're tax-free."

jeff.gottlieb@latimes.com

Obama touting tourism for jobs

Of course the real way to create jobs in the USA is thru less government regulations, not a bunch of silly executive orders aimed at getting Obama reelected in 2012.

Source

Obama touting tourism for jobs

Plan to lure visitors to U.S. may aid Ariz.

by Daniel González - Jan. 19, 2012 11:00 PM

The Republic | azcentral.com

President Barack Obama said Thursday that he wants to create more jobs by drawing more international tourists to the United States, a plan White House officials said would especially benefit states like Arizona, home to the Grand Canyon and other national parks.

Creating jobs has become a central part of Obama's re-election campaign. On Wednesday, Obama will visit the Valley as part of a five-state tour to build upon themes -- likely jobs and economic development -- that he will emphasize Tuesday in his annual address to Congress.

He unveiled his new tourism plan Thursday at Walt Disney World in the battleground state of Florida.

White House officials said the president wants to create jobs by boosting international tourism, which has suffered in part amid tighter restrictions put in place after the Sept. 11, 2001, terrorist attacks.

Obama on Thursday directed top officials from the Commerce and Interior departments to come up with a plan to create tourism and recreation jobs by promoting foreign travel to the nation's national parks, monuments, historic sites, wildlife refuges and public lands. The Interior Department manages national parks, monuments and other public lands.

White House officials listed Arizona among several states that will reap the most benefits from the initiative because tourism and outdoor recreation already play a large role in Arizona's economy and the state's iconic landscapes and many national parks and monuments already draw visitors from all over the world.

Tourism is a $17.7 billion industry in Arizona, and there are 152,200 jobs directly generated by tourism, according to the state Office of Tourism. Tourism in Arizona generates a total of $2.5 billion in local, state and federal taxes, the office said.

In 2010, the most recent year for which data are available, 4.7 million international tourists visited Arizona, according to the Office of Tourism.

To boost international tourism, the Obama administration will focus on drawing more visitors from developing countries with fast-growing middle-class travelers, notably Brazil, China and India, White House officials said.

Obama directed the State Department to speed up the processing of applications for visitor visas to the U.S. from travelers in Brazil and China, officials said.

Arizona Gov. Jan Brewer welcomes more international tourism, but she is concerned that granting more tourism visas could lead to an increase in illegal immigration, said Matthew Benson, her spokesman.

"Tourism is immensely important to the Arizona economy," Benson said. "At the same time, we know that roughly half the individuals in this country illegally overstay their visas, so the key is going to be in how these additional visas are managed. By all means, we want international tourists to come to Arizona, see our beautiful state, spend some money and then go home."

In her budget proposal released last week, Brewer included $7 million for the state's Office of Tourism, partly so it can better market Arizona to national and international visitors.

"I don't think there's any question that we recognize the value of bringing in more national tourists, as well as tourists from these international markets," Benson said.

Arizona tourism officials said Obama's plan to boost international tourism is good news for the state.

"Anything that helps increase international tourism is going to help Arizona because it gives us an opportunity to promote the state," said Kiva Couchon, a spokeswoman for the state Office of Tourism.

In the past, Arizona has primarily focused its tourism-promotion campaigns in Canada, Mexico, the United Kingdom, Germany and France. About 70 percent of international tourists to the state come from Mexico, Couchon said.

But, more recently, the state has targeted Brazil, China and South Korea because those countries have growing numbers of tourists interested in visiting the U.S., she said.

"They are countries showing interest in the United States as a destination," Couchon said. "Now, we are trying to get them to understand Arizona as a destination."

As part of his tourism plan, Obama also announced that, by executive order, he is making permanent a pilot program that allows returning U.S. citizens to more quickly pass through immigration and customs checkpoints at airports.

The program is being expanded to airports in four cities, including Phoenix, White House officials said. The others airports are in Charlotte, Denver and Minneapolis.

The program is already in place at airports in 20 cities, Customs and Border Protection officials said.

The Global Entry program is one way the Department of Homeland Security and CBP maintain "the highest standards of security" while promoting travel and tourism to stimulate the economy, DHS Secretary Janet Napolitano said.

"Global Entry expedites the customs and security process for trusted air travelers through biometric verification and will improve customer service at airports across the country," she said.

In addition to U.S. citizens, the federal government plans to expand the program to allow international travelers from some countries, including the Netherlands and Mexico, to apply for speedy entry into the U.S., CBP officials said.

To be approved, U.S. travelers currently must pass a background checks and interview and submit fingerprints in order to use their passport to quickly pass through immigration and customs checkpoints upon their return to the U.S. from traveling abroad.

Heather Lissner, a spokeswoman for Phoenix Sky Harbor International Airport, said airport officials support the program.

Republic reporter Yvonne Wingett Sanchez contributed to this article.

NYPD-CIA alliance's authority questioned

Source

NYPD-CIA alliance's authority questioned

by Matt Apuzzo - Jan. 20, 2012 11:53 PM

Associated Press

WASHINGTON - The CIA's top lawyer never approved sending a veteran agency officer to New York, where he helped set up police spying programs, the Associated Press has learned. Such approval would have been required under the presidential order that Police Commissioner Raymond Kelly said authorized the unusual assignment.

Normally, when the CIA dispatches one of its officers to work in another government agency, rules are spelled out in advance in writing to ensure the CIA doesn't cross the line into domestic spying. Under a 1981 presidential order, the CIA is permitted to provide "specialized equipment, technical knowledge or assistance of expert personnel" to local law-enforcement agencies but only when the CIA's general counsel approves in each case.

Neither of those things happened in 2002, when CIA Director George Tenet sent veteran agency officer Lawrence Sanchez to New York, former U.S. intelligence officials told the AP. While on the CIA's payroll, Sanchez was the architect of spying programs that transformed the NYPD into one of the nation's most aggressive domestic intelligence agencies.

The CIA's inspector general cleared the agency of any wrongdoing in its partnership with New York, but the absence of documentation and legal review shows how murky the rules were as the CIA and NYPD formed their collaboration in the frenzied months after the 2001 terrorist attacks.

In a series of investigative reports since August, the AP has revealed that, with the CIA's help, the NYPD developed spying programs that monitored every aspect of Muslim life and built databases on where innocent Muslims eat, shop, work and pray. Plainclothes officers monitored conversations in Muslim neighborhoods and wrote daily reports about what they heard.

Kelly, the police commissioner, has vigorously defended the NYPD's relationship with the CIA.

The CIA did not respond when asked to explain the justification for Sanchez's assignment and why the CIA's general counsel at the time, Scott Muller, did not sign off.

Border Patrol to build post in N.M.'s isolated Bootheel

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Border Patrol to build post in N.M.'s isolated Bootheel

by Russell Contreras - Jan. 20, 2012 11:43 PM

Associated Press

ANIMAS, N.M. - The U.S. Border Patrol on Friday announced it is building an outpost in New Mexico's Bootheel, one of the last unguarded regions between the United States and Mexico.

It's an unforgiving terrain where Geronimo made his last stand. Today, it remains largely isolated with no cellphone service and few unpaved roads but growing lawlessness as drug dealers and human smugglers increasingly look for alternatives to more traveled routes.

There are tales of drug traffickers breaking into homes and high-speed chases that sometimes force school buses off dirt roads. One rancher even stumbled upon 19 lost and starving Chinese immigrants who had illegally entered from Mexico on their way to New York City.

Border officials say the new station in the Animas Valley will give the region 24-hour monitoring for the first time in its history and will allow Border Patrol agents to quickly respond to illegal activities. Until now, agents had to drive an hour and a half each way from the nearest Border Patrol station in Lordsburg, N.M., to patrol the area.

El Paso Sector Chief Patrol Agent Scott Luck, who is responsible for the New Mexico border, announced the new outpost at a community meeting of ranchers and residents in Animas, N.M., after months of deliberation and debate on where to locate the site. "Operationally and tactically, it was the best choice," said Luck, who made his final decision to sign a lease with a private land owner earlier this week. "It's a win-win situation for all of us."

Luck said he made his choice after listening to agents on the ground and considering which site could quickly dispatch agents to troubled spots. The new outpost will hold a heliport, horse corrals and modular buildings capable of housing up to 15 to 20 federal agents, who'll stay for short-term spans.

Construction will begin immediately and is expected to take four to six months. Luck did not know how about final estimated building costs.

TSA's new fast-lane security screening debuts at LAX

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TSA's new fast-lane security screening debuts at LAX

By Mary Forgione Los Angeles Times Daily Travel & Deal blogger

January 20, 2012, 9:12 a.m.

The Transportation Security Administration rolled out PreCheck, the expedited security program for pre-screened fliers, this week at Los Angeles International Airport, the sixth airport in the nation to participate in the pilot program since it started last year.

In an announcement Wednesday, the TSA said the program at LAX so far is available only to American Airlines frequent fliers at two checkpoints in Terminal 4.

Here's how it works: Fliers who are U.S. citizens provide personal information and undergo background checks to qualify for traveler programs approved by U.S. Customs and Border Protection, such as Global Entry, SENTRI and NEXUS. Once fliers are deemed eligible, they are allowed to keep their shoes and belts on and leave laptops and 3-1-1 liquids inside their carry-on bags.

Passengers receive boarding passes embedded with a bar code that signals to the TSA they are eligible for PreCheck. They may then be screened at a fast lane where they forgo the shoes-and-belt routine. But this doesn't mean PreCheck passengers get a pass. Their bags are still scanned for security, and they're still subject to random security checks like everyone else, according to the TSA.

Airports in Atlanta, Dallas/Fort Worth, Detroit, Miami and Las Vegas also have PreCheck screening. The program is supposed to be rolled out to more airports later this year, including JFK Airport in New York.

How do you qualify for PreCheck? Passengers who are frequent fliers (at LAX, that means those enrolled in American's AAdvantage program) may be invited to join by the airline. Interested fliers also may learn about traveler programs and how to apply at the U.S. Customs website.

NY State Troopers Hit 2 Pedestrians

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Troopers Hit 2 Pedestrians Near Cuomo’s Home

By AL BAKER

Published: January 20, 2012

On two consecutive days this week, members of a high-level state security team were involved in car accidents near Gov. Andrew M. Cuomo’s home in Westchester County, both times badly injuring a pedestrian.

The accidents, on Wednesday and Thursday, occurred within a mile or so of the New Castle home the governor shares with his girlfriend, the celebrity cook Sandra Lee. While both drivers were part of a team whose duties include protecting the governor, neither Mr. Cuomo nor any other passenger was in the cars.

“Neither of them was involved in any duties directly involved with the governor,” Lt. Glenn R. Miner, a spokesman for the State Police in Albany, said Friday of the two troopers.

Both pedestrians remained at Westchester Medical Center but were expected to survive.

The accidents put the State Police in an uncomfortable position, one that it has grown accustomed to because of its close ties to the governor’s office.

During the past few administrations, the troopers in the elite units assigned to protect the governor and other dignitaries have been involved in a string of embarrassing episodes.

The commander of the executive services detail, now called the protective services unit, was found to have improperly intervened in an inquiry of Gov. George E. Pataki’s campaign staff. Later, troopers were criticized — by Mr. Cuomo, then the attorney general — for trying to dig up harmful information about a rival of Gov. Eliot Spitzer.

Most recently, troopers from Gov. David A. Paterson’s security detail contacted a woman who had said she had been assaulted by one of the governor’s senior aides. The troopers even pressured her not to pursue charges against the man, the woman told a judge.

The State Police collision reconstruction unit was investigating both of this week’s accidents, which occurred in Mount Kisco. Maj. Michael A. Kopy of the State Police dismissed a question of whether their investigation posed a conflict of interest. The Mount Kisco Police Department, which did not comment, also has investigators.

“Given that the accident involved a State Police unit, it is customary for us to handle our own accidents, regardless of where they happen,” Major Kopy said. “We have a close to 5,000-person agency, with different groups that handle different matters, and we are able to separate the investigations from the groups that are involved.”

According to Major Kopy, the first accident occurred about 10:15 a.m. on Wednesday as Sgt. Joseph Crispino turned his unmarked 2006 Chevrolet Impala left onto Main Street from northbound Maple Avenue, and struck Dulce M. Perez, 22, as she crossed Main.

Ms. Perez, speaking from her hospital bed, said she had been going to her sister’s house and had no recollection of being hit. She said she had suffered a skull fracture. “I remember walking across the street, the light at the intersection was red and I had a walk sign, and then the car must have hit me because the next thing I remember is I woke up in the hospital,” she said.

State Police officials said they were still investigating who was at fault.

In the second crash, at 6:45 p.m. on Thursday, Jeronimo Ardon-Perez “crossed into the front” of an unmarked 2005 Pontiac Grand Prix that Investigator Gregory Panzarella was driving northbound along North Bedford Road near the intersection of Brookside Avenue and Legion Way, Major Kopy said.

“We are not able to ascertain why he crossed in front, but the vehicle clearly was operating within the right of way,” he said, adding that there was no indication of excessive speed.

Mr. Ardon-Perez, 50, apparently unrelated to Ms. Perez, was taken to the hospital in what the police said was serious condition, and was in the operating room Friday evening. Major Kopy said Mr. Ardon-Perez had head injuries and “internal injuries to his lower extremities.”

Both troopers remain on duty, and Major Kopy said neither was given a sobriety test. Such tests are not mandatory, Lieutenant Miner said, unless there was “indication that the individual was drinking.” Pressed about what the troopers were doing before the crash, Major Kopy said only that each was “in transit between two locations.”

“I would not say that this is indicative of any trend,” he said. “And, while I am always concerned with troopers involved in accidents, these two accidents just happened to occur in close proximity.”

John Eligon, Christopher Reeve and Nate Schweber contributed reporting.

East St. Louis police chief Michael Baxton steals 4 Xboxes

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Video game sting takes down East St. Louis police chief

By Chris Morris | Plugged In – Fri, Jan 20, 2012 4:01 PM EST

While most cops protect and serve, former East St. Louis police chief Michael Baxton apparently likes to play.

Baxton pleaded guilty Thursday to stealing four Xbox 360 consoles from the FBI, reports St. Louis news station KSDK.

To be clear, the 360 is not standard issue equipment for the Feds these days. Officials had them in the car as part of a sting operation after suspicions arose about the chief's conduct.

Baxton, who faces up to 15 years in prison and a fine of up to $500,000, came under suspicion of offering preferential treatment to some suspects and stealing/selling items from the evidence locker. That's when the FBI decided to test him.

Agents bought five Xbox 360s, put them in the trunk of a car, then reported the car as being stolen. Baxton and another officer responded to the call -- and sure enough, when they saw the Xboxes, the chief ordered the officer to put four in his car and keep one for himself.

"Unbeknownst to Baxton, the unnamed officer voluntarily came forward to report other acts of misconduct occurring in Alorton and had been assisting the federal investigation from its inception. The unnamed officer was equipped with covert surveillance devices at the time of the theft -- and he audio and video recorded the entire incident," reads the court record.

Officials tracked one of the Xboxes and found it being used in Baxton's basement. But the U.S. Attorney overseeing the case said Baxton lied and tried to frame another officer when confronted.

Baxton's attorney calls the incident a "monumental lapse of judgment."

Ironically, this isn't the former chief's first brush with the other side of the law. It turns out Baxton had two felony convictions from 1982 before he was appointed: one for theft and another for burglary. Those convictions were expunged in 1989.

The town really can't catch a break when it comes to law enforcement officials. Baxton, after all, got the job of chief when the former chief was convicted of federal tax crimes.

High cost, low-level collars

On the other hand these stings sound like a jobs program for the cops that put them on. Nine piggies, that is 9 cops are used to run these sting programs - "eight officers and a supervisor to run stakeouts four or five nights a week"

Source

High cost, low-level collars

By Sandy Banks

January 21, 2012

If being desperate and dumb was a felony, Elaine Lamb would deserve hard time.

Lamb was walking along a North Hollywood street in the middle of the night last November when she spotted an unattended car — engine running, doors wide open — with 30 cartons of cigarettes in a Marlboro box on the passenger seat.

A seasoned criminal might smell a set-up. A drug addict sees a chance to get high.

Lamb grabbed the box of cigarettes and walked off. Thirty seconds later, she was in handcuffs.

Now she's facing the prospect of a 10-year prison term. She was snagged in a Los Angeles Police Department sting operation that has turned hapless criminals into reality show fodder and landed hundreds of would-be thieves behind bars.

::

If Lamb had been a fan of crime shows on the reality network TruTV, she might have recognized the makings of a "Bait Car" episode when she stumbled upon the scene:

An unlocked car is idling, alone on the street. The engine dies after thieves get in and drive off. Cops rush over to make the collar. A hidden camera records it all.

It's the sort of simple premise that makes for compelling television.

But how much sense does it make in real life — a high-tech, high-priced crime pursuit that mostly gleans low-hanging fruit?

The San Fernando Valley bait car campaign, which began almost two years ago, requires eight officers and a supervisor to run stakeouts four or five nights a week. A good night might result in one or two arrests; some weeks the team had only one collar.

The LAPD stings have been featured on "Bait Car," and entertaining snippets of unlucky thieves are posted on the department website, lapd.org. The campaign is part of the department's car theft prevention effort. In high-crime areas of the Valley, bait cars are supposed to attract crooks and teach the rest of us to keep our car doors locked.

Supporters of the sting credit it with helping cut property crime in the Valley by 20% last year.

Valley Sgt. Nate Banry told me that hundreds of criminals have been caught and that publicity probably deterred others. Many of those arrested had long rap sheets. "We want the criminal who's out there thinking about stealing a car to wonder if every car might be a bait car," he said.

Or at least every car idling with doors wide open. I imagine that sort of steal me, please scene is like a neon sign flashing BAIT CAR to all but the most dim-witted thieves.

Maybe that's why so many of those hauled in are like the meth addict who was arrested the night Banry went out with the bait car team.

"Some are people so desperate, they're just gonna jump in the car and take off," Banry said. "They're looking for a quick ride, a quick fix, something to steal" that they can sell or trade for drugs.

The sting isn't considered entrapment, he said, "because it wouldn't entice a law-abiding person to commit a crime. If you walked up on a car with the door open and running, would you get in there and drive it off?"

I wouldn't. So why do I feel there is something vaguely unseemly about the set-up?

City Councilman Dennis Zine, who's spent 43 years on the police force, said maybe it's because I've never had my car ripped off.

"If you had your car stolen, you'd say, 'Dammit, why didn't they protect my car?'

"The job of law enforcement," Zine said, "is dealing with the element of society that's not good honest taxpayers, but people taking advantage of and ripping other people off — whether it's dismembering somebody and dumping them in the Hollywood Hills, or stealing somebody's car."

::

Elaine Lamb certainly isn't a candidate for the good citizenship award. But neither is she hacking up people and dumping their body parts.

At 44, Lamb has been in and out of prison for 20 years. She has a rap sheet heavy with drug offenses. You could argue she's the sort of habitual criminal who ought to be kept behind bars.

But you could also argue — and I do — that it's in our best interest to help troubled addicts like Lamb stay straight and away from drugs, instead of luring them back to prison with crime-fighting schemes that turn the desperate into sitting ducks.

Lamb has been in and out of drug treatment programs since her last prison stint seven years ago. She was in the grip of a relapse when she took those cigarettes from the car. She's been charged with felony grand theft, because the retail value of those 30 cartons would be more than $1,000.

Strict state sentencing formulas that add a year for each previous prison term mean that Lamb faces up to 10 years behind bars for that dumb, impulsive grab.

"She didn't steal the car," pointed out her attorney, Deputy Public Defender Tamar Toister. "She leaned in, turned off the ignition and took the box of cigarettes."

The set-up may not be legal entrapment, but it's "morally outrageous" to the lawyer.

"She didn't go someplace intending to steal. It was an opportunity created by the police," said Toister.

"I go to the meetings in my neighborhood and we're always hearing [from the LAPD] about how they need more officers," Toister said. "Then I get a case like this and realize there were four officers involved; four officers to arrest this little, bitty woman" who grabbed smokes from an open car.

"I am offended by this," the lawyer told me. "And I'm offended that nobody else seems to be outraged by it."

Outrage may be too strong a word, but I suspect this kind of set-up might feed cynicism in other quarters.

When I wrote recently about crime going down in Los Angeles, I heard from dozens of readers convinced that the department manipulates stats by refusing to take reports of petty crimes or padding the tally of gang offenses to hit up taxpayers for more funding.

It is fair to ask if the bait car campaign is a good use of shrinking crime-fighting resources.

And the answer — for now — is no, it's not.

It comes too late to spare Elaine Lamb, but the bait car program has been discontinued by new Valley Commander Jorge A. Villegas.

"He'd rather have his guys out doing crime suppression than doing a bait car," Sgt. Banry said.

sandy.banks@latimes.com

LAPD has one auto accident every day!!!

LAPD tries new policies to cut costly, dangerous traffic crashes

By Joel Rubin, Los Angeles Times

January 22, 2012, 7:13 p.m.

At any given moment in Los Angeles, scores of police cars are out on the streets — either rushing to calls for help or prowling around in search of trouble.

Despite the training cops receive in how to speed safely through traffic, they are an accident-prone bunch. Police were involved in traffic accidents more than 1,250 times in the last three years — an average of about one a day.

Most of the crashes were minor, but some resulted in life-threatening injuries or totaled police cars, or were the result of the officer violating traffic laws, according to LAPD records. In at least two incidents, the driver of another car was killed.

And at a time when the Los Angeles Police Department is trying to stem the steady stream of lawsuits filed against officers that cost taxpayers millions of dollars each year, traffic accidents remain a significant and costly obstacle. They represent nearly one out of every four lawsuits filed against the department. The city has paid nearly $24 million in settlements or verdicts in about 400 LAPD traffic-related lawsuits over the last nine years and must contend with dozens more cases that remain unresolved, city records show. In all but a few of the closed cases, city officials opted to pay a negotiated settlement instead of taking their chances at a trial — a strong indication that the officers were in the wrong.

"It is a top priority for us to get a comprehensive risk management plan in place, and addressing traffic accidents has to be a big part of that," said Richard Drooyan, president of the Los Angeles Police Commission, the civilian board that sets policy for the LAPD. "We need to look at what kind of training, supervision and policies could be implemented to prevent these accidents."

In a recent article, The Times highlighted a 2009 traffic collision in which a 25-year-old woman was killed when her car was broadsided by an LAPD police cruiser without its emergency lights and siren on. The officers claimed that they were driving between 40 and 45 mph, but after data from an onboard computer showed the car had been traveling nearly 80 mph, the city settled last year with the woman's family for $5 million.

And next month a civil trial is scheduled for another deadly crash involving an LAPD squad car. In that 2010 collision, 27-year-old Jovanna Lugo had backed her car out of her driveway onto the street at night and was hit by a police cruiser. Attorneys representing Lugo's young son and husband alleged in court filings that the officer was speeding without the car's headlights or emergency lights and siren on. Attorneys for the city did not respond to a request for comment.

Lugo's death spurred LAPD officials to reconsider the way the department investigates serious accidents in which officers are suspected of negligence or other significant misconduct, said Cmdr. Andrew Smith. Such investigations now are treated like typical misconduct inquiries, but the department is considering whether to treat them similarly to officer-involved shootings. In shooting inquiries, officers are separated from each other at the scene to avoid collusion, and special teams of detectives spend months gathering evidence and witness testimony. The commission ultimately rules on whether the officers were justified in using force.

In nearly all traffic accidents, the officers are not accused of serious breaches of conduct but instead are faulted for being inattentive. With hundreds of such cases each year, the workload was a major drain on Internal Affairs investigators. So in late 2008, the department switched to a point-accrual system similar to the one the state Department of Motor Vehicles uses for driving violations and accidents.

Under the LAPD's point system, in accidents determined to have been their fault, officers are assigned one, two or four points, depending on the seriousness of the crash. If an officer is issued 3 points in a 24-month period, he or she is required to undergo driver retraining. Cops lose the right to drive for six months if they acquire five points over three years.

Commissioner Alan Skobin, who helped write the new procedures, said that beyond reducing the caseload for Internal Affairs investigators, the plan addresses a fairness issue. "Minor things happen, and we shouldn't always be taking a punishment mode," he said during a discussion of the plan at a recent Police Commission meeting.

Skobin added that he is hopeful the point system will lead to a reduction in the number of crashes caused by officers. With only a few years of statistics, police officials said they cannot yet determine whether the points system is, in fact, contributing to a decrease in the number of accidents. The preliminary figures indicate it has done so, as the number of crashes each year appear to have declined between 2009 and 2011.

However, the point system appears to have done nothing to help the department as it tries to slow the number of lawsuits people file against it. In a three-year period since the point system was implemented, 205 traffic-related lawsuits were filed, according to city records. That is 40% more lawsuits than were filed in the three years before the points plan went into effect.

Drooyan said he plans a thorough review of the points system to determine whether more changes are needed in how the department deals with traffic accidents.

Crashes account for about a quarter of the nearly 1,900 lawsuits brought against the Police Department since 2002, city records show. Large numbers of lawsuits involve civil rights violations and workplace issues, such as harassment and retaliation, and can result in tens of millions of dollars in payments.

In cases that have been closed, the city has paid a total of $138 million of taxpayer money in settlements and verdicts — more than the combined cost of resolving lawsuits brought against all other city departments. Elected officials have long criticized the LAPD for its inability to address problems that lead to lawsuits.

Repeatedly over the past year, Drooyan and Chief Charlie Beck have identified lawsuits as one of the most pressing issues facing the department. Beck has said the department needs to be better at identifying problem officers and correcting behavior before lawsuits result. Coordination between the LAPD and the city attorney's office, which defends the city in lawsuits, has also been uneven. Beck recently created and filled a new risk manager position, saying he is hopeful the addition will help matters.

Sen. Rand Paul stopped by Tenn. airport security

Sen. Rand Paul stopped by Tenn. airport security

Jan. 23, 2012 11:03 AM

Associated Press

NASHVILLE, Tenn. -- U.S. Sen. Rand Paul of Kentucky was stopped by security at the Nashville airport Monday when a scanner set off an alarm and targeted his knee, although the senator said he has no screws or medical hardware around the joint.

The Republican, who frequently uses the airport about an hour from his home in Bowling Green, Ky., told The Associated Press in a telephone interview that he asked for another scan but refused to submit to a pat down by airport security.

He said he was "detained" at a small cubicle and couldn't make his flight to Washington for a Senate vote scheduled later in the day.

Paul, the son of Republican presidential candidate Ron Paul, said the situation reflects his long-standing concern that the TSA shouldn't be "spending so much time with people who wouldn't attack us."

TSA spokesman Greg Soule confirmed there was an incident but didn't identify the passenger as Paul.

"When an irregularity is found during the TSA screening process, it must be resolved prior to allowing a passenger to proceed to the secure area of the airport," Soule said in a written statement. "Passengers who refuse to complete the screening process cannot be granted access to the secure area in order to ensure the safety of others traveling."

A TSA official speaking on condition of anonymity in order to discuss internal screening policies said Paul was never detained. The official said an alarm set off when Paul went through routine airport screening, and Paul refused to receive additional screening. People who refuse to go through airport security are not allowed to get on a plane, the official said. Local police escorted Paul out of the screening area, the official said.

Paul went through a millimeter wave machine that uses a generic outline of a body for all passengers. When there is an alarm, TSA officers target the area of the body that triggered the alarm and pat down the passenger, the official said.

Paul told reporters at the airport that he had no idea why his knee raised concerns with TSA. He said he showed his knee to the security agents and doesn't have any medical hardware or issues in the knee.

"There is no problem. It was just a problem with their machine. But this is getting more frequent, and because everybody has to have a pat down it's a problem," Paul said.

Paul said he was in Denver two days ago and allowed to walk through the screener again and avoided the pat down.

He said he didn't want special treatment from TSA because he's a senator. "I think we need to treat everybody with dignity."

The TSA said Paul was allowed to board another flight after a different screening.

In a June 2011 Senate hearing, Paul raised issue with TSA's screening policies and relayed the story of a 6-year-old constituent who was patted down at an airport.

"I feel less safe because you're doing these invasive exams on a six-year-old," Paul said to TSA Administrator John Pistole. "It makes me think you're clueless, you know, that you think she's going to attack our country and that you're not doing your research on the people who would attack our country."

The TSA has since changed its policy for patting down children to reduce the number of times children have to go through the procedure.

CIA officer charged with leaking classified info to press

And of course it offers more evidence that Emperor Obama is pretty much just a clone of Emperor Bush! - this "marks the fifth time during the Obama administration that charges of violating the Espionage Act of 1917 have been brought against current or former government officials who allegedly leaked information to journalists"

Source

Former CIA officer charged with leaking classified info to press

By Ken Dilanian

January 23, 2012, 1:20 p.m.

A former CIA officer is facing decades in prison after being charged Monday with disclosing classified information to journalists, the latest in an unprecedented Obama administration crackdown against national security leaks.

John Kiriakou, who made news in 2007 when he became one of the first CIA operatives to speak publicly about water boarding, is accused of providing secrets, including the name and activities of one his undercover colleagues, to reporters. One reporter is alleged to have turned over the name of the covert CIA officer to lawyers for Guantanamo Bay prisoners, who were seeking to identify CIA employees involved in coercive interrogations.

The journalist and the defense lawyers were not charged.

The case against Kiriakou marks the fifth time during the Obama administration that charges of violating the Espionage Act of 1917 have been brought against current or former government officials who allegedly leaked information to journalists — a record unmatched in any previous administration, said Steven Aftergood, who follows the intelligence community for the Federation of American Scientists.

A sixth defendant, Bradley Manning, has been charged under the act in connection with alleged disclosure of documents to the website Wikileaks.

CIA Director David Petraeus issued a statement Monday saying the agency backed the investigation.

"Unauthorized disclosures of any sort — including information concerning the identities of other agency officers — betray the public trust, our country, and our colleagues," he said.

Aftergood and other skeptics of official secrecy questioned how the government could use the Espionage Act to prosecute people who are not accused of spying for another country or terrorist group, but instead are accused of providing information to reporters.

"What's missing from all these cases is any allegation that these people have actually caused harm to the United States," said Jesselyn Radack, National Security and Human Rights director for the Government Accountability Project, who represented former National Security Agency official Thomas Drake in an Espionage Act case that collapsed last year.

In a criminal complaint, the Justice Department alleges that it possesses emails from Kiriakou to journalists in which he disclosed classified information. When confronted about it during a meeting on Jan. 12 with FBI agents, who recorded the interview, Kiriakou flatly denied doing so, the document says.

The complaint also charges Kiriakou with trying to include classified information in his memoir by lying to the CIA's Publication Review Board, which reviews and approves all written material by former CIA officers. The book, published in 2010, was titled, "Reluctant Spy: My Secret Life in the CIA's War on Terror."

Kiriakou is charged with two counts of violating the Espionage Act, which each carry a maximum term of 10 years in prison; one count of making false statements, which carries a maximum prison term of five years; and one count of illegally disclosing a covert officer's name, which carries a sentence of up to five years in prison and must be served in addition to any other prison term.

The investigation of Kiriakou was led by Patrick Fitzgerald, who in 2007 successfully prosecuted former vice presidential aide Lewis "Scooter" Libby for telling journalists the name of Valerie Plame, who at the time was a covert CIA officer.

Fitzgerald was appointed by the Justice Department as special counsel in January 2009 to look into how detainees at Guantanamo obtained photographs of U.S. government employees and contractors. The investigation revealed they got them from their defense team, and that an investigator on the team had obtained the names of two CIA officers from a reporter. Emails showed the reporter got them from Kiriakou, the federal complaint says.

Phoenix government workers paid better then private sector.

I wonder how this study was done, since most city employees are cops, and the private sector doesn't hire cops like governments do. And of course cops are VERY well paid. In most of the cities in the Phoenix metro area cops start at around $50,000, and that is for a job that doesn't even require a high school diploma.

Last per Arizona law cops can retire after 10 years and receive 80 of their highest pay as retirement income. With that in mind of course the benefits provided by the government will be better then the private sector.

Source

Phoenix workers' benefits, pay studied

by Lynh Bui - Jan. 23, 2012 10:10 PM

The Republic | azcentral.com

A study Phoenix commissioned to settle disputes over public-employee compensation shows city workers earn slightly more in total pay and benefits than a combined average of competitive peers in both the public and private sectors.

But when benefits are stripped from the equation, Phoenix workers make far less in base pay compared with private sector entities and about the same as local public-sector peers.

The findings are contained in a study from the Segal Group that the Phoenix City Council will review today. Phoenix paid $430,000 for the 300-plus page report, and there is already disagreement about what the report says.

Developing consensus over the study's data will be important, as the city plans to use the information to drive labor negotiations currently under way with five employee unions.

Employee costs make up about 60 percent of the city's $2.45 billion operating budget for the current fiscal year.

"We want to be known as an employer of choice, so it is important to be competitive when it comes to our pay," Phoenix Human Resources Director Janet Smith said. "But the city also recognizes that we have to be a responsible steward of public funds."

Benefits drive up cost

The study, released recently, based its findings on data averaging information from both the private and public sector. Cities used in the study for comparison included San Diego, Los Angeles, Philadelphia and Houston.

Locally, most major cities in Maricopa County were included along with data on state employees. Private-sector information came from published databases and a survey of seven local companies or utilities.

The study shows Phoenix is roughly competitive with the public sector and 19 percentage points below market compared with the private sector when it comes to base salary. The report based its findings on the city's current labor contracts, which included a 1 percent wage cut that has been in place for two consecutive fiscal years.

"The citizens of Phoenix should realize that they're getting a lot of bang for their buck because we're getting 19 percent below the private sector," said Frank Piccioli, president of the American Federation of State, County and Municipal Employees Local 2960. "I hope that shuts up people who have misrepresented the facts."

Total compensation -- factoring in health care, dental and retirement benefits -- "is the primary consideration for determining the city's overall market competitiveness," according to the study.

But Councilman Sal DiCiccio, who has frequently complained about the cost of city employees' pay and benefits, said the report focuses too much on base pay. The private sector was underrepresented in the study, he said.

The total compensation for general employees hits about 1 percentage point above what is considered the top of competitive range for average market pay and 6 percent above the middle of the scale. Total pay and benefits for sworn public-safety workers lands about 5 percentage points above the top of the range and 10 percent above the middle.

Compared with the private sector alone, total compensation for Phoenix employees is barely at market.

The city's "generous retirement benefits" drive up employee compensation, according to the Segal Group.

Based on the study, if Phoenix goes through with its current plan to reform the pension system, it likely will put the city in equal footing with its peers. Phoenix created a pension-reform task force to review retirement benefits to public employees after a study by The Arizona Republic showed the cost to fund city pensions increased 277 percent, to $88.1 million a year in the past decade.

The study also found that:

Phoenix's tuition-reimbursement program offers about $9,200 per employee, while other organizations tend to have a maximum of $5,000.

The city's dental and health-care benefits are more generous than other cities in most cases.

Most Phoenix employees, except for firefighters, have slightly more combined time off from vacation, sick leave, holiday time and personal leave than other private- and public-sector entities.

Smith said the city intentionally increased the number of sick days employees are eligible for because Phoenix doesn't offer short-term disability. But the city's sick-leave policies have come under fire as employees are allowed to bank unused days and cash them out upon retirement.

The cost of accrued sick leave can be used in final calculations to determine lifetime pension payouts, creating a liability for the city with taxpayers footing the bill. Next steps

"Clearly our benefits are rich and we're above market," Councilman Bill Gates said about retirement and health-care benefits. "That's something we need to look at."

Out of 139 job classifications in the city, excluding public safety, Phoenix pays a little more than 60 above market in total compensation.

Jim Tierney, president of the American Federation of State, County and Muncipal Employees Local 2384, said officials should use the study to strike a balance between attracting and maintaining quality employees while saving money for Phoenix. Tierney's union represents electricians, mechanics and other "skilled trade" employees, and added his union is willing to work with the city to adjust pay scales on both ends.

Compensation for rank-and-file police officers and firefighters falls right in line with competitor cities. But Will Buividas, chief negotiator for the Phoenix Law Enforcement Association, said that isn't necessarily a good thing. PLEA has asked for raises in the current round of labor talks.

"My guys deserve to be paid above market because we're the sixth largest city in the United States," Buividas said. "It's a dangerous city."

The study also found that middle managers and executives were generally paid below the market. But Ron Ramirez, president of the Administration, Supervisory, Professional and Technical Employees Association representing managers, said that doesn't necessarily mean the group will ask for a raise.

"We're not looking to be greedy," Ramirez said. "We're looking to work with the city in harmony and partnership."

Prosecutors decline to file charges in deadly Taser incident

Source

Prosecutors decline to file charges in deadly Taser incident

January 23, 2012 | 10:57 pm

Allen John KephartThe San Bernardino County district attorney's office on Monday declined to file criminal charges against three deputies involved in a deadly Taser incident.

Allen John Kephart, 44, died after he was shot repeatedly with a Taser in May after a traffic stop on California 189 in Blue Jay.

The San Bernardino County Sheriff's Department said that Kephart became combative with deputies. Kephart's family disputes the allegation.

"There is insufficient evidence to establish criminal liability," the district attorney's office said in a statement.

Kephart’s father said in May that his son’s death was a senseless use of excessive force.

The incident happened when his son was returning to the family home after getting gas in Crestline.

"To me, it’s not just a traffic stop. It’s murder. You don’t kill a person for running a stop sign," Jack Kephart told The Times.

The father said witnesses told him that the deputy slammed his son to the ground.

His son was shot about eight times by two deputies, Jack Kephart said.

The DNA Police state

Source

Taking DNA From All Criminals Should Be Standard Procedure

By CYRUS R. VANCE Jr.

Published: January 23, 2012

WE have a tool that can prevent hundreds of murders, rapes and robberies each year at minimal cost to taxpayers. But we’re not using it in a majority of cases because a state law restricts its use.

DNA evidence solves crimes. Since 1996, when New York State’s DNA databank opened with strong support from my predecessor, Robert M. Morgenthau, the bank’s DNA samples have been linked to more than 3,500 sexual assaults, 860 murders, 1,100 robberies and 3,400 burglaries. Thousands of criminal convictions have resulted. Today, however, we are hamstrung by a law that does not authorize the collection of DNA following convictions of certain misdemeanors. This has meant that we can’t use DNA technology in more than half of our cases. By expanding the collection of DNA to include those convicted of all crimes in New York State’s penal law, as Gov. Andrew M. Cuomo has called for, we will be better able to identify the guilty, exonerate the innocent, bring justice to crime victims and prevent additional crimes from occurring.

In 2006, lawmakers decided to include some but not all misdemeanors in the DNA databank. Opponents questioned why someone convicted of a low-level misdemeanor — petty larceny, for example — should be required to provide a DNA sample. The answer can be found in the results of that decision: samples collected from people convicted of petty larceny have been linked to roughly 48 murders and 220 sexual assaults. Clearly, the 2006 expansion of the DNA program — which passed with only six dissenting votes in the State Assembly — confirmed that collecting samples from offenders convicted of minor crimes helps solve and prevent more serious crimes.

Whom does DNA bring to justice, and how does it prevent future crimes? The case of Curtis Tucker is instructive. Following his conviction in 2010 for robbing and assaulting a 74-year-old Manhattan man suffering from Parkinson’s disease, Mr. Tucker was required to submit a DNA sample, which typically is obtained by swabbing the inside of a person’s cheek. Three days later, that $30 test produced a match linking Mr. Tucker to a brutal 2004 assault and attempted rape of a 15-year-old girl in the stairwell of her Manhattan apartment building.

Mr. Tucker had been convicted multiple times in Manhattan courts for misdemeanor offenses that did not require providing a DNA sample. Had he been required to provided such a sample after his first misdemeanor conviction, the 2004 case would have been solved earlier and the 2010 attack prevented.

Crucially, DNA evidence does more than put criminals away; it also exonerates the innocent. One of my top goals as district attorney has been to avoid wrongful convictions. Having a tool like an all-crimes DNA databank at our disposal would go a long way toward helping us achieve that all-important goal of avoiding wrongful convictions.

Despite the truly remarkable benefits of DNA testing, some skeptics have questioned whether it is sufficiently regulated and reliable. This concern is understandable but unfounded. The collection of DNA is highly regulated in the eight state-of-the-art, accredited state labs that conduct criminal forensic analysis. Strict safeguards control the handling of DNA testing and results, including the storage of information by barcode and not name, with criminal penalties for those who violate these rules. When testing leads to a match in the databank, samples are retested at least once and often twice. To date in New York, we have never had a “false positive,” or the misidentification of DNA from one person as the DNA of another.

Collecting DNA from all those convicted of all crimes has received overwhelming bipartisan support from across the state, including from crime victims, their advocates, exonerated defendants, the state and city bar associations, and the state’s district attorneys, police chiefs and sheriffs. But its passage has been stymied because other criminal justice legislation that does not enjoy such broad support has been tacked on to it. Let’s not repeat that mistake this year.

No law enforcement tool is perfect, and, as with a fingerprint, a DNA match at a crime scene is an investigative tool, not proof positive of guilt. But DNA is by far the most reliable evidence we have today — more than eyewitness accounts, testimony and even confessions. And importantly, as we try to make our justice system more fair, DNA is truly color blind.

Cyrus R. Vance Jr. is the Manhattan district attorney

We don't need no stinking search warrant!!!

Source

2 arrested after 100 pounds of pot found on semi, police say

by Matt Loper - Jan. 23, 2012 04:30 PM

The Arizona Republic-12 News Breaking News Team

Two men from Missouri were arrested after police seized 100 pounds of marijuana from a semitruck traveling along Interstate 17 in northern Arizona, authorities said.

Terrance Blakey, 37, and Kevin Jones, 38, were arrested last week after being pulled over for suspected equipment violations near Cordes Junction, said Dwight D'Evelyn, a spokesman for the Yavapai County Sheriff's Office.

They refused to allow a search of the semitruck, police said, so the officers used a narcotics detection dog to search around the truck.

After being alerted by the dog to the passenger side of the semi, deputies searched the cab and found four bales containing marijuana weighing more than 100 pounds, D'Evelyn said.

The wholesale value of the marijuana was estimated at $70,000, and the street value was estimated at several times the wholesale, according to officials.

Yavapai County Sheriff's Office uses four K-9 units to do drug patrol on state routes, as well as in routine traffic stops, D'Evelyn said.

Marine gets no jail time in killing of 24 Iraqi civilians

Source

Marine gets no jail time in killing of 24 Iraqi civilians

January 24, 2012 | 3:11 pm

Marine Staff Sgt. Frank Wuterich will serve no time in the brig for his guilty plea in the killing of 24 Iraqis in 2005, a military judge said Tuesday.

The announcement by Lt. Col. David Jones came after a sentencing hearing at Camp Pendleton in which Wuterich took responsibility for the killings and expressed his remorse to the families of those killed.

Jones said the plea bargain approved by Lt. Gen. Thomas Waldhauser called for no jail time.

Jones said that he planned to recommend 90 days in the brig, the maximum as requested by the prosecution, but that Waldhauser's approval of the details of the plea bargain trumps that recommendation.

“Words cannot express my sorrow for the loss of your loved ones,” Wuterich said in an apology to the family members of the 24 Iraqis killed by Marines. “I know there is nothing I can say to ease your pain.”

Wuterich said he takes responsibility for what happened when, as the squad leader, he ordered his Marines “to shoot first, ask questions later” as they stormed two houses in search of a gunman in the Euphrates River town of Haditha on Nov. 19, 2005, after a roadside bomb had killed one Marine and injured two others.

“When my Marines and I cleared those houses that day, I responded to what I perceived as a threat and my intention was to eliminate that threat in order to keep the rest of my Marines alive,” Wuterich said in a strong voice.

“So when I told my team to ‘shoot first and ask questions later,’ the intent wasn’t that they would shoot civilians, it was that they would not hesitate in the face of the enemy.”

On Monday, in the middle of his court-martial, Wuterich pleaded guilty to negligent dereliction of duty, in exchange for other charges being dropped. Prosecutors had asked Jones to impose the maximum penalty of 90 days in the brig for the killings.

“This was the horrific result of that order to ‘shoot first, ask questions later,’ ” prosecutor Lt. Col. Sean Sullivan said in asking Jones to impose the maximum sentence under the plea bargain.

No comment was made at the hearings Monday or Tuesday about what kind of discharge Wuterich will receive.

Jones said he will recommend that Wuterich be reduced to a private, a recommendation that will be reviewed by Waldhauser, the commander of Marine Forces Central Command and the 1st Marine Expeditionary Force.

Police Gang Tyrannized Latinos

Source

Police Gang Tyrannized Latinos, Indictment Says

By PETER APPLEBOME

Published: January 24, 2012

They were known as Miller’s Boys, police officers who worked the 4-to-midnight shift, patrolling the largely working-class town of East Haven, Conn., including the small but growing Hispanic community that has spread out in recent years from New Haven.

The officers were more than well known in that community; according to residents and federal authorities, they were feared. They stopped and detained people, particularly immigrants, without reason, federal prosecutors said, sometimes slapping, hitting or kicking them when they were handcuffed, and once smashing a man’s head into a wall. They followed and arrested residents, including a local priest, who tried to document their behavior.

They rooted through stores looking for damning security videotapes of how they had treated some of their targets, described by one of them on a police radio as having “drifted to this country on rafts made of chicken wings.”

And after it became known that the Justice Department was investigating the department, according to an indictment unsealed on Tuesday, a picture of a rat appeared on a police union bulletin board, and in the locker room, an ominous note: “You know what we do with snitches?”

On Tuesday, the Federal Bureau of Investigation arrested Sgt. John Miller and three of his officers — David Cari, Dennis Spaulding and Jason Zullo — on charges of conspiracy, false arrest, excessive force and obstruction of justice over what the indictment described as years of mistreatment of individuals, especially Hispanics, and efforts to cover it up.

Following on the heels of a scathing Justice Department report in December that found the East Haven police had engaged in widespread “biased policing, unconstitutional searches and seizures, and the use of excessive force,” the indictment portrayed a harrowing picture of arbitrary justice for Hispanic residents.

“There is no place for excessive force in a police station or on the streets,” David B. Fein, the United States attorney for Connecticut, said in a news conference on Tuesday. “There is no place for false statements in police reports.”

“No person is above the law, and nobody — even a person arrested for a crime — is beneath its protection,” he added, saying there could be more arrests.

Janice K. Fedarcyk, assistant director in charge of the F.B.I. office in New York, called the officers “a cancerous cadre that routinely deprived East Haven residents of their civil rights.”

The misconduct, according to prosecutors, reached to the highest ranks of the department and the police union. A high-ranking officer described as “Co-Conspirator No.1” — apparently the police chief, Leonard Gallo — made several calls to the supervisor of the priest, the Rev. James Manship of St. Rose of Lima Church, asking that he be moved out of his parish, the indictment said. The same commander also barred members of East Haven’s police commission, a supervisory body that was trying to investigate the complaints, from entering the department without his permission, but later rescinded the order.

Police union leaders also inquired about hiring a private investigator to follow the priest, the indictment said, though it was not clear if they followed through.

Mayor Joseph Maturo Jr. of East Haven, who served from 1997 to 2007 and was then returned to office in 2011, said he stood by the police force. When he took office again, Mr. Maturo reinstated Chief Gallo, who had been put on paid leave by the previous mayor after the Justice Department began its investigation.

“I’m still very surprised, and it’s a sickening feeling to have your officers arrested, but nevertheless they’re innocent until proven guilty,” Mr. Maturo said.

As for larger problems in the department, he said, “I have confidence in all the men and women of our East Haven Police Department, from top to bottom.”

Each officer was charged with conspiracy against rights, which carries a maximum sentence of 10 years, and at least one other charge. Officers Spaulding and Cari were charged with the most serious count, obstruction, which carries a maximum of 20 years.

All four pleaded not guilty in Federal District Court in Bridgeport on Tuesday afternoon, while about two dozen friends, family and fellow union members and police officers looked on. All were released on bail except for Officer Zullo, whose paperwork had not yet been completed.

Donald Cretella, a lawyer for Sergeant Miller, said the sergeant would be vindicated. “Nothing in the indictment is a surprise to us,” Mr. Cretella said, “and it doesn’t appear that Sergeant Miller did anything illegal. He’s a 16-year veteran police officer. He’s been decorated, he’s a wonderful officer, and hopefully we’ll address all this, and he can get on with his life.”

Chief Gallo did not respond to a request for comment.

Fred Brow, chairman of the Board of Police Commissioners, would not comment on any particular officer, but said he had no quarrel with the overall picture the indictment and the December report painted of the department and its dealings with Hispanic residents. And he said it was irresponsible for the mayor to have returned Chief Gallo to his job.

“It appears that there was just a total lack of leadership and supervision, and that has to start at the top,” he said.

The New Haven area has long been a place where immigration issues have played out in public life. New Haven has been welcoming of Hispanic residents, but some other communities have been less so. The area’s immigrant community has been centered in New Haven’s Fair Haven neighborhood, and now reaches over the border into East Haven.

The issue gained particular visibility in February 2009, when Father Manship began investigating accusations by his parishioners of harassment and abuse by the East Haven police. His clash with the police — he was arrested and accused of disorderly conduct while videotaping officers, but the local prosecutor dropped the case — led to a class-action lawsuit against East Haven by Yale Law School’s Worker and Immigrant Rights Advocacy Clinic, as well as the investigations by the Justice Department.

The accusations against the officers center on their conduct at or outside businesses frequented by Hispanics like Los Amigos grocery, La Bamba restaurant and bar and My Country Store, and their treatment of suspects in custody.

Sergeant Miller, who is also president of the department’s police union, is accused of assaulting a suspect being restrained by two officers and then reprimanding one of them for reporting it. When another officer used excessive force in his presence, he took no action to investigate, reprimand or discipline the officer, the indictment said.

Outside Guti’z Bakery on Main Street, a customer, Mayra Mendoza, said she had seen police officers sitting in a parking lot across the street, watching customers come and go from the bakery, taking down license plate numbers. “They wanted to cause problems,” said Ms. Mendoza, who lives in East Haven. She said the police needed “to respect Spanish people more.”

“We come here to work and have a family. We pay taxes, we pay mortgages,” she added. “This is our city. I’m a citizen here; my kids are citizens here.”

Father Manship said he was grateful the United States attorney’s office took the complaints so seriously. Still, he said, “It’s not a happy day.”

FedEx employee charged over bomb joke on Army base

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FedEx employee charged over bomb joke on Army base

Jan. 26, 2012 08:55 AM

SALT LAKE CITY — A FedEx driver is facing a terrorism threat charge after prosecutors say he joked that a package he was delivering to a Utah Army base was “probably a bomb.”

Charges filed Wednesday in Salt Lake City show the 27-year-old deliveryman was dropping off a package addressed to an Army Corps of Engineers employee at Camp Williams on Sept. 20.

Prosecutors say that when a woman asked him what it was, he replied that it was probably a bomb.

Military police then evacuated 215 people from the building and the surrounding area.

Police say the man later told them his comment was a mistake.

He faces a third-degree felony count of threat of terrorism.

San Fernando police chief put on leave in ticket-fixing probe

San Fernando police chief put on leave in ticket-fixing probe

January 26, 2012 | 6:21 pm

The acting police chief in San Fernando has been placed on leave after the city launched an investigation into whether he tried to a fix a traffic ticket that had been given to an aide to a local congressman.

Lt. Jeff Eley was removed from his post last Thursday after a video surfaced showing an officer handing a running-a-stop-sign citation to Fred Anthony Flores, an aide to Rep. Howard Berman.

The Nov. 23 ticket did not arrive at the courthouse in time for a Jan. 4 hearing, and the citation was dismissed, said City Manager Al Hernandez.

The video, which comes with dramatic music and opening titles such as “Deception” and “Corruption,” that made its way to YouTube was apparently copied from a video camera attached to the officer’s squad car.

The ticket incident is just the latest bit of drama to hit the small San Fernando Valley city.

The city’s mayor made national news last month when he announced during a council meeting –- as his wife sat in the front row -- that he was having an affair with one of his council colleagues. That news arrived on the heels of other City Hall scandals –- a teenage cadet claiming she’d been fired for having an affair with a former police chief and an investigation into whether a councilwoman was having a relationship with a police sergeant.

The ticket episode has quickly divided ranks in City Hall and, at the request of city officials and Eley himself, is now being invested by the L.A. County Sheriff’s Department, which has been asked to find out what happened to the congressional aide’s citation and who leaked the video. Neither Eley nor Flores could be reached directly for comment.

But police union leaders in San Fernando said the traffic ticket is a ploy by a council majority to silence their critics and asked that Eley be re-instated immediately. They condemned the YouTube video as “slanderous and defaming.”

Mayor Mario Hernandez, a lightning rod for criticism himself since his public disclosure, said he believes an investigation into the acting chief’s action is warranted.

“I’m concerned,” Hernandez said. “How many other favors were done, for whomever?”

MSCO Capt. Joel Fox's honesty at issue in hearing

MSCO Capt. Joel Fox's honesty at issue in hearing

Prosecutor: Ex-sheriff's officer lied to shield brass

by JJ Hensley - Jan. 26, 2012 10:05 PM

The Arizona Republic | azcentral.com

Former Maricopa County sheriff's Capt. Joel Fox favored loyalty over honesty, lying about his role in a political-action committee raising funds for Sheriff Joe Arpaio in an effort to protect former Chief Deputy David Hendershott, a Maricopa County prosecutor on Thursday told a hearing officer who will determine if Fox can get his job back.

Fox was fired from the Sheriff's Office in October after a lengthy internal investigation determined Fox had violated the office's policies that prohibit lying when, among other untruths, he said he alone was responsible for a political-action committee that raised money for Arpaio in the 2008 election.

Maricopa County prosecutor Clarisse McCormick said Fox's efforts to cover up the roles of Hendershott and former Deputy Chief Larry Black in the political-action committee motivated Fox to lie and eventually got him fired.

"An officer, a captain, was forced to choose between honesty and a twisted sense of loyalty ... Fox chose loyalty," McCormick told administrative law Judge Robert Sparks. "Joel Fox was willing to be the fall guy in a three-man scheme to funnel tens of thousands of dollars to the Arizona Republican Party."

Republican Party leaders took more than $100,000 from SCA, or Sheriff's Command Association, and put the money into an independent-expenditure committee called Arizonans For Public Safety. The independent committee put the money toward ads targeting Arpaio's opponent, Dan Saban, and the candidate running against former Maricopa County Attorney Andrew Thomas, Tim Nelson.

Sheriff's investigators determined that Fox lied to criminal investigators from the Attorney General's Office when Fox told them he was the lone decision maker with SCA, but subsequent information showed Hendershott and Black were involved.

Fox pointed out that he was never charged with a crime, only two civil violations of election laws, and that he was being honest with investigators when Fox said SCA was all his doing.

"From the beginning of the SCA matter I took full responsibility for my actions and somehow they've turned that into a dirty word," Fox said. "It seems to me, sir, that all they want to do is win now. All I want is a fair hearing."

The hearings are expected to take place over 10 days next month. The two sides have submitted a list of 36 witnesses they expect to call, including Arpaio, Hendershott, Black and a host of current and former sheriff's personnel.

Chris Baker, who helped coordinate the SCA-financed ad in 2008, was the first to take the stand in the hearing Thursday.

Baker testified that he originally lied to the Attorney General's investigators conducting the SCA probe when Baker said that Hendershott was not involved with the group. Baker said he lied because he was afraid of Hendershott, due to the former chief deputy's reputation for having a short temper.

"I feared for myself and my family ... what caused me to have that fear was I read the newspapers, I'd read articles about some of their actions," Baker said, referring to sheriff's deputies "in an unmarked car" appearing outside the homes of Arpaio critics. "That led me to believe that this is something (Hendershott) might be capable of."

Ed Moriarity, an attorney representing Fox, later got Baker to concede that he had never filed a police report or complaint against Hendershott and never shared those concerns with anyone until Baker told a criminal investigator that fear of Hendershott motivated his lying.

Hendershott and Black, both at-will employees of the Sheriff's Office, were fired in April but resigned before the terminations could take effect.

Fox was the only member of the group who had job protections available through the county's merit system and he has taken advantage of those opportunities, requesting further investigation on a number of the allegations against him and, now, fighting his termination with the hearings.

Fox also fought to keep the extensive records related to the investigation into his conduct under seal until after his appeals were exhausted, but a judge ruled in November that a multimillion-dollar wrongful-termination claim Fox filed against the county, among other factors, waived Fox's confidentiality rights.

The hearings continue Monday and are open to the public at Fox's request.

Peoria sergeant's photo prompts Secret Service probe

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Peoria sergeant's photo prompts Secret Service probe

by Sonu Munshi - Jan. 26, 2012 09:10 PM

The Republic | azcentral.com

A Peoria police sergeant is under investigation after posting a photo on his Facebook page that showed several young men, some holding guns, and a T-shirt with a bullet-riddled image of President Barack Obama.

The internal investigation of Sgt. Pat Shearer was prompted after the agency got word the Secret Service was looking into the photograph, police spokesman Jay Davies said Thursday.

"We were made aware of that situation today and we have opened an administrative investigation to determine if there are any policy violations that took place," Davies said.

The photo has since been removed from Shearer's page.

It was posted Jan. 20, before the president's visit to the Valley on Wednesday.

The New York Times described the picture as showing seven young men, four posing with weapons and one holding the T-shirt, "with small holes and gashes," bearing a likeness of the president above the word "Hope."

The Times reported the image was also posted on the Facebook page of one of the young men in the picture posing with a gun. He was identified as a Peoria Centennial High School student.

Danielle Airey, a spokeswoman for the Peoria Unified School District, confirmed the individual is a Centennial High student, but was unable to confirm whether all of the people in the photo were district students.

"Right now we're just cooperating with the investigation of local and federal authorities," Airey said.

Davies said that Shearer, who has been with the department at least 14 years, remained on active duty as of Thursday.

According to the Peoria Police Department's social-media policy, which includes social-networking sites, "employees shall not post, transmit, reproduce and/or disseminate information (text, pictures, video, audio, etc.) to the Internet or any other forum (public or private) that would tend to discredit or reflect unfavorably upon the department or any of the department's employees."

Reporter Kristena Hansen contributed to this article.

"Taking a trip can be a 'degrading' experience"

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Taking a trip can be a 'degrading' experience for fliers

By Gary Stoller, USA TODAY

Ellen Davis says she has nightmares about her detention and interrogation for more than an hour by Israeli security agents who asked "nonsensical" questions before her flight from Tel Aviv airport in May.

The frequent flier from the Atlanta area says she was told to swallow one of her birth-control pills, asked repeated questions about her shoes and religion and ordered to remove her shoes and blouse, leaving her standing in a "revealing tank top."

"I'm a grown woman not lacking in life experiences — both good and bad — but this was the single most humiliating experience of my life," says Davis, 46, who went to Israel to see religious sites with three friends.

Although the overwhelming majority of travelers get where they're headed without incident, hardly a day goes by without someone complaining they've suffered an indignity when trying to fly somewhere — whether it's a humiliating security search like Davis says she underwent or being ordered off a plane by airline personnel.

And in a day of social media, incidents often draw wide attention despite steps governmental security agencies and airlines say they take to stress courtesy.

Tight security to prevent airplanes from becoming a weapon of terrorists, crowded planes and thousands of security, airline and airport personnel coming in contact with nearly 8 million fliers around the world daily creates a climate for misunderstandings, confrontations, frayed emotions and humiliating experiences.

"The entire travel process has become mean-spirited for the average unsuspecting air traveler — whether it's having your genitals touched in a way meant only for your spouse or doctor or a surly flight attendant taking power and control issues to the next level," says Kate Hanni, executive director of FlyersRights.org, a passengers' rights group.

Hanni's group says it receives about 25 complaints a week from fliers who complain they suffered a humiliating experience while traveling.

A USA TODAY survey of its Road Warrior panel, consisting of frequent business travelers who log millions of miles in the air each year collectively, and a review of complaints to FlyersRights.org find those who say they've been humiliated most often blame overly aggressive security searches.

Flight attendants were the second most-frequent source of complaints. They were most commonly cited for overstepping their authority and removing fliers from planes.

The Transportation Security Administration, which is in charge of security at U.S. airports, says that "only a small percentage of the 620 million passengers screened safely each year provide negative feedback." In 2011, about 0.001% of passengers complained to the TSA, the agency says.

But social media allows any incident to be blasted instantaneously to a broader audience, where it can take on a large life.

When Sen. Rand Paul, R-Ky., refused a pat-down after he couldn't be successfully scanned by a body machine at the Nashville airport on Monday, for instance, his father, presidential candidate Ron Paul, told the news media and his followers via Twitter and Facebook that his son had been "detained" by the TSA. The younger Paul later was successfully screened and took another flight.

The TSA has modified some of its screening procedures to try not to humiliate travelers in the face of a public backlash. It's installing new software on its full-body scanning machines that will replace the image of a passenger's naked body with a generic image. And it's changed its pat-down policy for passengers 12 and younger.

The TSA also is seeking to shift its emphasis on detecting passengers who may pose a greater security risk.

It's experimenting with pre-screening frequent travelers who agree to divulge personal information to the government beforehand in return for easier passage through airport security lines.

It's also trying out so-called chat-downs of passengers to try to pinpoint potential terrorists by asking questions about their travel plans. It's akin to a method that Israeli security personnel, whose screening tactics are considered the most stringent in the world, use in quizzing passengers — and behind what flier Ellen Davis says was her humiliating experience.

But egregious instances still occur.

Ruth Sherman, 88, of Sunrise, Fla., says she was mortified in November after screeners at New York's JFK airport ordered her to pull down her sweatpants to show her colostomy bag.

"It's degrading," Sherman told the Associated Press. "It's like someone raped you."

The next day, Lenore Zimmerman, 85, of Long Beach, N.Y., said she had to raise her blouse and lower her pants and underwear at JFK, so a security agent could inspect a back brace.

The TSA says its agents erred in those instances, and JFK personnel received refresher training to "respectfully and safely" screen passengers with disabilities or medical conditions.

The incidents prompted Sen. Charles Schumer, D-N.Y., to call on the TSA to designate a "passenger advocate" at every airport to ensure flying does not become a fear-inducing, degrading and potentially humiliating experience." The advocate, he said, could be summoned to hear complaints from passengers claiming mistreatment.

But the TSA says its supervisors at every airport can handle complaints, and action is taken when personnel are out of line.

For instance, it says, the screener at the Newark airport who found a sex toy in a checked bag and wrote "GET YOUR FREAK ON, GIRL" on a TSA document informing the passenger that the bag had been inspected no longer has a job with the agency.

Problems with a broken leg

Security personnel aren't the only ones blamed for what passengers say are degrading acts. Nor are incidents confined to the USA.

Frequent flier James Cook, a precious metals buyer from Middletown, N.Y., says he was humiliated going and coming in September when he had a cast on a broken leg.

Cook says Continental Airlines wouldn't provide a seat with extra legroom on a Newark-Munich flight unless he paid $100 extra, which he refused to do. He says a seat with extra room was vacant the entire flight. But he was instead told to sit in a flight attendant's uncomfortable jump seat, leaving him in the humiliating situation of facing all the passengers in coach.

Before his return flight, he says, a Lufthansa gate agent told him he couldn't fly with the cast because of concern about swelling from aircraft cabin pressure. Cook says he presented a doctor's note with permission to fly but was denied.

Instead, he says, he was put in a wheelchair and wheeled to an airport doctor. The doctor, who didn't speak English, removed the cast and injected "something" into his stomach to prevent blood clots from forming in his leg, he says. He flew home without the cast, which his orthopedic surgeon then had to replace.

Continental wouldn't comment. And Lufthansa spokesman Martin Riecken says he's unsure why Cook wasn't allowed to fly with his cast on.

"My first guess is passengers wearing a cast could easily suffer from life-threatening thrombosis, and the action was taken to accommodate the guest on board without putting him at an unnecessary risk," Riecken says.

Frequent flier Sue Hershkowitz-Coore says she thought she "would die of embarrassment" when police officers stopped and questioned her on a Jetway after her American Airlines flight from Phoenix landed in Dallas in October 2010.

"I was shaking, and even now I remember how humiliated I was," says Hershkowitz-Coore, a sales trainer in Scottsdale, Ariz.

Hershkowitz-Coore says a flight attendant wouldn't move a food cart to let her sit after falsely accusing her of going to the lavatory when the fasten-seat-belt light was on. She says she waited a few minutes and politely asked the flight attendant again to let her return to her seat. The attendant refused, threatened to have a pilot land the plane and called the captain, Hershkowitz-Coore says.

American spokesman Tim Smith says Hershkowitz-Coore hadn't previously complained about the incident, and the airline apologizes "for any incident that may have made her feel uncomfortable or not appreciated."

Flight attendants spend many hours on the job trying to serve and accommodate passengers, and they are trained how to "de-escalate" a dispute, says Candace Kolander of the Association of Flight Attendants union. As in all service industries, she says, some incidents in which people feel mistreated occur. Sometimes, personalities clash. And, she says, flight attendants sometimes have a bad day.

What rights do fliers have?

Freedom of movement is a basic human right Americans, especially, enjoy. But fliers give up some rights when they agree to fly. Aviation analyst Michael Boyd of Evergreen, Colo., says the indignities are akin to a minimum-security prison.

"They can screw up flights, mess up your reservation and treat you like a cow at the cattle barn," Boyd says. "But they are the guards in this travel prison, and they make the rules. If you're late or fail to meet one of their rules or requirements, you're the one who pays."

Kathleen Gerson, a sociology professor at New York University, says people's lives have become more global, and it's ironic that "greater freedom to move around has also caused more complications."

Gerson says fliers need to confront the problems they face or continue to expect situations in which they can be humiliated.

"We're not doomed, but there's no guarantee that things will get better," she says. "Travelers need to make a concerted effort, including organizing groups, to fight for and develop new guidelines for their new travel world."

TSA mistakes insulin pump for gun, causing LAX security scare

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TSA mistakes insulin pump for gun, causing LAX security scare

January 27, 2012 | 10:51 am

An insulin pump mistaken for a gun at LAX led officials to delay boarding and screening Friday morning at Terminal 4 as airport authorities searched for a woman who they thought had a weapon, law enforcement sources said.

The incident occurred around 7:30 a.m. as the female passenger was being screened at Los Angeles International Airport. She went through electronic screening, which detected an item shaped like a weapon, the sources said.

But before screeners could search her, she walked away toward the boarding gates. Concerned Transportation Security Administration officials immediately alerted LAX police and the LAPD of a possible security breach.

Sources familiar with the incident said security staff scrambled to determine what happened but eventually realized the "weapon" was actually a medical device.

The woman was briefly detained and questioned. Authorities delayed some passengers boarding for up to an hour, according to sources.

Phoenix leaders try to halt Arpaio vote

Sounds like the same thing is happening here. Sure Sheriff Joe is a tyrant and buffoon, but he is the City of Phoenix's tyrant and buffoon, and the Phoenix rulers will do everything they can to keep Sheriff Joe, because he serves them well.

Source

Phoenix leaders try to halt Arpaio vote

Human Relations Commission may call for county sheriff to step down

by Emily Gersema - Jan. 29, 2012 09:38 PM

The Republic | azcentral.com

Phoenix officials have tried to thwart a city commission's vote that may call for Maricopa County Sheriff Joe Arpaio to step down.

Recently, the executive assistant to the city manager, Lisa Takata, and head of the city's Equal Opportunity Department, Lionel Lyons, spoke on the phone with Human Relations Commission Chairwoman Diane D'Angelo and tried to discourage her from asking her fellow 15 commissioners to vote on the issue.

City officials are afraid the commission's vote could affect a contractual relationship with the Maricopa County Sheriff's Office.

They argued the issue is not in the commission's purview.

At stake for the city is a five-year, $11.5 million agreement that the Phoenix Police Department has with Maricopa County jails, which Arpaio oversees, for housing people arrested by police.

A spokesman for the Sheriff's Office said Arpaio will not resign.

"He will let the voters decide in November," said MCSO spokesman Jeffrey Sprong.

He added that the commission's vote will not affect the county's agreement with the city for jail services.

The city houses all of its prisoners in county jails. The contract expires in 2013.

D'Angelo and all but two of the commissioners believe a civil-rights issue, such as the allegations of human-rights violations raised in the recent U.S. Department of Justice report about Arpaio's office, means the commission has a duty to vote on the matter.

"I would hate to see city of Phoenix's Human Rights Commission -- in the sixth-largest city in the country -- silent on this issue," D'Angelo said during a commission discussion on the matter last week.

"I would be ashamed that as a chairwoman of this commission, if we did not vote on this. That would be wrong," she added.

While Commissioner Liza Merrill raised concerns that Arpaio's office could retaliate against her family members or friends for a vote on his office, Commissioner Lilia Alvarez said the commission should take a stand.

"It's especially because of that fear that I don't want to remain silent," Alvarez said.

But Commissioner Nikki Hicks said she doesn't know if the allegations outlined by the Justice Department were carried out by Arpaio.

"The sheriff's one piece of that whole department," Hicks said.

The commission's planned vote today wedges the Police Department in the middle of what could become a battle with Arpaio and his office and could jeopardize the city's agreement with the jail, Councilman Sal DiCiccio said.

"That's a bad decision to do a vote like that," DiCiccio said.

"It puts the city of Phoenix in something that's really none of our business, but they (the panel) have a right to do that. ... But we've got to maintain a good relationship with our jailer."

The city's Human Rights Commission is an advisory panel to the City Council that was formed in 1963 to address issues of equality in Phoenix.

It comprises members appointed by the City Council and the mayor. Each member serves a three-year term.

"As individuals, they are expected to play a leadership role in this sort of issue," Councilman Tom Simplot said. "Having said that, it (the vote on Arpaio) is probably a little outside of the scope of the commission's role."

Simplot said he understands why commissioners feel they need to vote.

He said he isn't sure if the commission's vote will be an issue raised by the City Council at any of its upcoming meetings.

"At the end of the day, that's going to be a decision for the mayor," Simplot said.

Mayor Greg Stanton didn't return a phone call Friday seeking comment.

The commission will hold the vote today at 5 p.m. at City Hall, 200 W. Washington St., in the first-floor assembly rooms, A and B.

Park Ranger enjoys having some "stun gun fun"!

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Ranger zaps off-leash dog walker with shock weapon

Jill Tucker, Chronicle Staff Writer

Tuesday, January 31, 2012

A Montara man walking two lapdogs off leash was hit with an electric-shock gun by a National Park Service ranger after allegedly giving a false name and trying to walk away, authorities said Monday.

The park ranger encountered Gary Hesterberg with his two small dogs Sunday afternoon at Rancho Corral de Tierra, which was recently incorporated into the Golden Gate National Recreation Area, said Howard Levitt, a spokesman for the park service.

Hesterberg, who said he didn't have identification with him, allegedly gave the ranger a false name, Levitt said.

The ranger, who wasn't identified, asked Hesterberg to remain at the scene, Levitt said. He tried several times to leave, and finally the ranger "pursued him a little bit and she did deploy her" electric-shock weapon, Levitt said. "That did stop him."

San Mateo County sheriff's deputies and paramedics then arrived and Hesterberg gave his real name, the park spokesman said.

Hesterberg, whose age was not available, was arrested on suspicion of failing to obey a lawful order, having dogs off-leash and knowingly providing false information, Levitt said.

He was then released. He did not return a phone call seeking comment.

Witnesses said the use of a stun gun and the arrest seemed excessive for someone walking two small dogs off leash.

"It was really scary," said Michelle Babcock, who said she had seen the incident as she and her husband were walking their two border collies. "I just felt so bad for him."

Babcock said Hesterberg had repeatedly asked the ranger why he was being detained. She didn't answer him, Babcock said.

"He just tried to walk away. She never gave him a reason," Babcock said.

The ranger shot Hesterberg in the back with her shock weapon as he walked off, Babcock said.

"We were like in disbelief," she said. "It didn't make any sense."

Rancho Corral de Tierra has long been an off-leash walking spot for local dog owners. In December, the area became part of the national park system, which requires that all dogs be on a leash, Levitt said.

The ranger was trying to educate residents of the rule, Levitt said.

The park service is investigating the incident, he said.

E-mail Jill Tucker at jtucker@sfchronicle.com.

Newt Gingrich's thugs attack Ron Paul supporter

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‘Everyone step on his toes!’ Gingrich security harasses Ron Paul supporter: Scenes from the Florida primary

By Yahoo! News

SNIP I removed the first article

WINDERMERE, Fla.--Next time, Eddie Dillard won't wear flip-flops.

Dillard, a 29-year-old Ron Paul supporter from this suburb near Orlando, arrived to vote at his precinct at Winderemere Baptist Church early Tuesday morning. Pulling into the parking lot, Dillard noticed a man outside the polling place with a Gingrich sign. He decided to run home, slip into his "Ron Paul Rocks America" T-shirt, grab a "Ron Paul 2012" sign from his garage, and return to give his candidate some representation outside the precinct after he cast his vote.

Dillard found a quiet spot along a sidewalk lined with tiny American flags and held up his sign. Little did he know, Newt Gingrich had chosen that very spot to make his first Primary Day campaign stop.

When Gingrich's bus pulled up, Dillard stood silently holding his sign and watched the news-media horde swamp the candidate. Gingrich stepped down from the bus and made a beeline for Dillard. He stopped in front of Dillard and his sign and parked himself for a round of handshaking and pictures with voters. The placement couldn't have been worse. There was Gingrich, standing with his wife Callista at their first event of the day, and a giant Ron Paul sign floated inches from their crowns.

Noticing the awkward optics, Gingrich aides and security personnel swarmed Dillard, trying to intimidate him into moving. One of Gingrich's security agents stepped in front of him. When Dillard didn't budge, the agent lifted his heeled shoe over Dillard's bare foot and dug the back of it into his skin, twisting it side-to-side like he was stomping out a cigarette. Shocked, Dillard kept his ground and took a picture of the agent with his phone, which was quickly knocked out of his hand. Dillard slipped off his flip-flop to pick up the phone with his foot, and a Gingrich supporter kicked the sandal away.

"Don't kick me!" Dillard said to the man who knocked away his sandal. More members of Gingrich's security retinue approached, shoving their shoulders and chests in front of him.

"Just block him!" a Gingrich campaign aide said. "Everyone step on his toes!"

Gingrich supporters handed a "Newt 2012" yard sign up to the front to put in front of Dillard's Paul sign. The two signs, zipping back and forth inches from Gingrich's head, circled each other in the air like a fighter jets in a dogfight.

When the candidate finished taking pictures with voters, furious Gingrich aides grilled Dillard.

"If we did this to you, you guys would be furious," said an aide before stomping back toward the bus. "They have no class. No class."

As Gingrich pulled away, Dillard looked down at his foot. With the adrenaline pumping, he hadn't noticed the pain, but now it was starting to sink in. A bruise was forming, and there was a cut mark where the security agent had dug in his heel.

"That was really something," Dillard said afterwards. "My heart's racing. Not what I expected to happen today."

--Chris Moody, 12:01 p.m. ET

Georgia cop admits falsifying DUI tests

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DUI cases in jeopardy after Richmond County deputy admits falsifying readings

By Bianca Cain and Sandy Hodson

Saturday, Nov. 19, 2011

Erik Norman faced mandatory resignation from the Richmond County Sheriff’s Office on Oct. 19 after a prosecutor reported that Norman told her he had falsified readings from a hand-held alcohol-testing device.

Norman told the department’s internal affairs division that he had done it only “once or twice” but couldn’t recall exactly which cases were involved.

Norman’s credibility is gone now, no matter how many times he falsified readings, said Augusta attorney Robert “Bo” Hunter, who prosecuted drunken driving cases as the Richmond County State Court solicitor from 1988 to 1996.

“He’s created a shadow of a doubt by falsifying evidence,” Hunter said. The only question a defense attorney would need to ask is: “Did you falsify other results?”

Even worse, Hunter said, is that there probably were people charged with driving under the influence who shouldn’t have been.

Norman, hired as a jailer in July 2002, was transferred to the DUI task force in March 2009. An accurate count of his DUI convictions cannot be made through court records, but during his time on the task force, he arrested an estimated 250 to 400 people.

State Court Solicitor Charles Evans said his office has 62 pending DUI cases in which Norman was the arresting officer. Each will have to be judged on its merits to determine whether to continue prosecuting them as DUIs. If necessary, the office will bring in Norman as a trial witness, Evans said.

The Georgia Peace Officer Standards and Training Coun­cil is investigating to determine whether Norman can keep his certification, said Ryan Powell, its director of operations. Unless he is arrested on felony charges or his certification is suspended, Norman is free to work as an officer, Powell said.

Falsifying evidence is a felony – making false statements – but prosecuting Norman for it would be difficult, District Attorney Ashley Wright said. A prosecutor would have to prove in which case Norman falsified the results, and there is no way to uncover those cases without Norman’s admission. He claimed he didn’t know which cases were falsified.

Wright estimated her office has about a dozen pending cases in which Norman was the arresting officer.

Sheriff Ronnie Strength said he thought Norman was a good officer and cannot understand why he would alter a test that isn’t admissible in court.

Officers on the street can use the Alco-Sensor, a hand-held device that provides a fairly accurate reading, Powell said.

The real test that is admissible in court is the Intoxilyzer 5000, a medical test done at the station that is “extremely accurate,” Powell said. The people who run the tests have to be certified by the Georgia Bureau of Investi­gation. The Intoxilyzer machine is examined regularly to ensure its readings are accurate.

Though the results of Alco-Sensor aren’t admissible at trial, judges consider them when deciding whether to accept a plea deal, how much time someone will spend in jail, and whether extra conditions for probation are needed, Hunter said.

State Court Judge Da­vid Watkins said Alco-Sensor results are like polygraph results in that while not admissible during a trial, they are useful tools.

If a judge believes a person could have a problem with alcohol, in-patient or out-patient evaluation can be ordered – at the person’s expense. A judge can also order electronic alcohol monitoring that commands a $208 startup fee and costs $360 a month. A device that prohibits a person’s vehicle from operating if it detects alcohol costs $132 a month.

Those fees would be on top of the minimum $651 fine and surcharge for a first offense DUI, $528 probation fee, $280 for driving school and $210 fee for the state to reinstate a driver’s license.

Watkins said he doesn’t look forward to an avalanche of challenges from people arrested by Norman, but it would serve a greater good.

TSA Agent Caught With Passenger's iPad in His Pants

Source

TSA Agent Caught With Passenger's iPad in His Pants; Allegedly Took $50,000 in Other Goods, Cops Say

By Matthew Hendley Fri., Jul. 8 2011 at 3:24 PM ​

While most Transportation Security Administration employees are busy groping people or taking naked pictures of them, the cops say one of those employees was putting fliers' electronics down his pants.

The Broward Sheriff's Office says 30-year-old Nelson Santiago stole around $50,000 worth of electronics over the past six months from Fort Lauderdale-Hollywood International Airport's Terminal 1.

Santiago -- a TSA officer since 2009 -- was caught earlier this week by a Continental Airlines employee taking an iPad out of someone's luggage and stuffing it into his pants, the cops say.

After being arrested Monday on two counts of grand theft, police say Santiago admitted to stealing computers, GPS devices, video cameras, and other electronic merchandise from luggage he was supposed to be screening.

The cops say Santiago would immediately take pictures of his new goods and upload the photos online to sell the stuff.

Santiago would typically sell the stolen goods to people before his shift was even over, police say.

BSO detectives estimate that Santiago's haul totaled $50,000 over the past six months.

The cops are looking for people whose stuff has been stolen, although they say the chances of getting the stuff back are slim.

Santiago was released from jail on bond, although police say more charges against him are pending. According to police, Santiago no longer works with the TSA.

Source

TS-hey! Airport agent 'took passenger's iPad and stuffed it down his trousers'... and stole $50,000 worth of devices from luggage

By Daily Mail Reporter

Last updated at 8:08 AM on 8th July 2011

The list of consumer complaints against the TSA over recent months may soon have to include theft, in addition to groping and racial profiling.

That's because a Transportation Security Administration worker has been charged with two counts of grand theft for allegedly stealing electronics out of passengers' luggage, authorities in Florida said Thursday.

According to the Broward County Sheriff's Office, Nelson Santiago-Serrano, 30, was caught by a Continental Airlines employee stealing an iPad from a suitcase in Fort Lauderdale-Hollywood International Airport's Terminal 1 on Monday.

Mr Santiago-Serrano was allegedly seen trying to stuff the device into his pants, reports the Broward-Palm Beach New Times.

Police say that after they arrested him on Monday, he admitted to stealing computers, GPS devices, video cameras, and other electronics from bags he was supposed to be screening.

Cops say Mr Santiago-Serrano would then take pictures of the items, then list them for sale online.

They say many of the items would be sold before he even finished his shift at the airport. Security: Transportation Security Administration employees screen passenger bags at nearby Miami International Airport in a file photo

Detectives claim he stole an estimated $50,000 from fliers over the past six months.

Police are asking people to come forward if they think they had something stolen, but they say chances of actually recovering the goods are not good.

Mr Santiago-Serrano was released on a $4,000 bond Tuesday, though police say they may file additional charges against him soon.

According to the Broward County clerk of courts, he does not have a lawyer or any scheduled court dates.

He reportedly no longer works for the TSA, though he had started with the agency in January 2009.

Recently, allegations had surfaced that TSA agents in Newark airport had engaged in racial profiling of passengers, by singling out Hispanic men for additional screening.

One agent was disciplined and others received training after colleagues accused them of acting as 'Mexican hunters'.

Meanwhile, a number of people have complained of being 'groped' by TSA agents during body searches.

Opps, wrong house - Sorry about cutting your door down and holding you at gun point

FBI cuts down Mass. mom's door in wrong-home raid

Associated Press

FITCHBURG, Mass. (AP) — A Massachusetts mother says the FBI used a chain saw blade to cut through her door and held her at gunpoint for at least 30 minutes before agents realized they were conducting a raid at the wrong home.

Judy Sanchez, of Fitchburg, says she awoke to heavy footsteps in the stairwell on Jan. 26 and walked into her kitchen in time to see a blade chop through her door.

She says she was held facedown on the floor at gunpoint while her 3-year-old daughter cried in another room.

It turns out agents were after the other tenant on the floor of the multiunit building who is suspected of dealing drugs.

Sanchez says she and her daughter now have trouble sleeping.

The FBI has apologized and is paying for the damage.

Phoenix policeman convicted of robbing 5 banks

Ex-Phoenix policeman convicted of robbing 5 banks

by Brennan Smith - Feb. 1, 2012 05:39 PM

The Arizona Republic-12 News Breaking News Team

A jury found a former Phoenix police officer guilty Wednesday on 87 counts, including armed robbery, aggravated assault, kidnapping and theft, in a string of bank robberies in 2006, according to Maricopa County Superior Court spokesman Vincent Funari.

Chad Michael Goulding, 42, was arrested in December 2010 by FBI agents on suspicion of robbing five Valley banks of more than $133,000 between June and November 2006. He had faced a 95-count indictment accusing him of a rash of Bank of America robberies in Chandler, Glendale, Mesa and Scottsdale.

He was convicted on 61 counts of kidnapping, 16 counts of armed robbery, five counts of aggravated assault and five counts of theft, Funari said.

Goulding resigned from the Phoenix Police Department in August 2005 after 13 years of service, just months before the robberies, after an internal investigation and a positive steroids test.

His sentencing date was not immediately available.

Prosecutors are just as bad as the criminals!

Sure I hate corrupt government officials, but they certainly do deserve a fair trial. In this case it sounds like the prosecutors are criminals just like senator Ted Stevens.

Source

Taxpayers pay to defend prosecutors in Ted Stevens case

By Brad Heath, USA TODAY

WASHINGTON – The federal government has spent nearly $1.8 million defending prosecutors from allegations they broke the law in the botched corruption case against former Alaska senator Ted Stevens, Justice Department records show.

The case against Stevens fell apart three years ago when the Justice Department admitted its attorneys had improperly concealed evidence that could have helped his defense. A court-ordered investigation concluded in November that prosecutors had engaged in "significant, widespread, and at times intentional misconduct," but that they should not face criminal contempt-of-court charges.

Records obtained under the Freedom of Information Act show that the department has paid about $1.6 million since 2009 to private lawyers representing the six prosecutors targeted by that court investigation. It also paid $208,000 to defend three prosecutors from a separate finding that they had committed civil contempt of court.

"Unfortunately, it's the taxpayers who are losing twice," said Sen. Chuck Grassley, R-Iowa, the top Republican on the Judiciary Committee. "First, the Justice Department committed serious legal errors and ethical missteps in its taxpayer-funded investigation and trial against Sen. Stevens. And second, this is an unseemly high amount of money being spent by the taxpayers to defend what appears to be egregious misconduct."

The department spent the money while its internal watchdog, the Office of Professional Responsibility, is investigating the prosecutors' handling of the case. The department did not pay the outside lawyers representing its prosecutors in that probe, which is ongoing.

A 2010 USA TODAY investigation found that the department's internal investigations frequently took a long time and that prosecutors faced little risk of losing their jobs even when officials documented serious misconduct. Court records show that most of the attorneys named in the Stevens case continue to be assigned to criminal cases.

By law, the Justice Department can spend taxpayer money to defend its lawyers from possible criminal charges only when officials determine that doing so is "in the interest of the United States." Department spokeswoman Laura Sweeney said the "government's long-standing practice has been to provide or make representation available to federal employees for legal proceedings arising out of the performance of their official duties."

In the past, records show that the Justice Department has hired outside lawyers to represent its attorneys when they faced civil lawsuits and charges before state panels that regulate lawyers.

Stevens, a Republican who died in a 2010 plane crash, was charged with violating federal ethics laws by failing to disclose $250,000 in gifts.

Source

Inquiry finds misconduct by prosecutors in Ted Stevens case

By Brad Heath, USA TODAY

Updated 11/21/2011 9:09 PM

A court-appointed investigator has found evidence of "significant, widespread, and at times intentional misconduct" by government lawyers who brought corruption charges against former Alaska senator Ted Stevens, but did not recommend that they face criminal charges.

The investigation's conclusions were outlined Monday in an order by U.S. District Judge Emmet Sullivan, who had ordered the inquiry. It is the first independent assessment of the shortcomings in the Justice Department's handling of the high-profile corruption case, which collapsed in 2009 when Attorney General Eric Holder asked to set aside Stevens' conviction because prosecutors had improperly withheld evidence that could have helped his defense.

Sullivan said the 2½-year probe by Washington lawyer Henry Schuelke III concluded that the case against Stevens was "permeated by the systematic concealment of significant exculpatory evidence which would have independently corroborated his defense and his testimony, and seriously damaged the testimony and credibility of the government's key witness." Sullivan said misconduct in the case was more extensive than revealed previously, but did not elaborate.

The Supreme Court has said since 1963 that prosecutors have a constitutional duty to reveal evidence favorable to defendants. Still, Schuelke's investigation did not recommend that the prosecutors be charged with criminal contempt of court for failing to do so in Stevens' case, because Sullivan had never given them a "clear and unequivocal" order that they "follow the law."

Stevens, a Republican, had been accused of violating federal ethics laws by failing to disclose more than $250,000 in gifts and services he had used to renovate his home. He lost re-election in 2008 to the Senate seat he had held for 40 years and died in a plane crash last year.

A spokeswoman for the Justice Department, Laura Sweeney, said officials were reviewing Sullivan's order. Holder told lawmakers at a hearing this month that the department's own investigation of the case was "just about finalized." Nearly all of the prosecutors involved in the Stevens case still work for the Justice Department; one committed suicide last year.

An investigation last year by USA TODAY found that Justice Department usually took years to review instances of misconduct, and that lawyers who were found by courts to have committed serious violations faced little risk of losing their jobs.

Sullivan wrote that he plans to release the report but will give the Justice Department and lawyers for the prosecutors a chance to review it first.

Police torture to get confessions is a 'harmless error'

If you ask me ANYTIME the police torture somebody to get a confession the case should be thrown out PERIOD. Of course the government doesn't feel that way - "Prosecutors have not disputed that Wrice was tortured but say they had enough evidence of his guilt to convict him even without the allegedly coerced confession ... prosecutors have argued that the confession was the legal equivalent of 'harmless error'"

Source

Illinois high court to rule in police torture case

Associated Press

5:45 a.m. CST, February 2, 2012

An inmate who says Chicago police officers tortured him into confessing to a brutal rape could learn todayd whether the Illinois Supreme Court will allow him to present evidence of coercion that was denied at trial, a ruling that could have implications for as many as 20 other inmates seeking similar appeals.

Stanley Wrice, 57, is among dozens of men - almost all of them black - who have claimed since the 1970s that former Chicago police Lt. Jon Burge and his officers used torture to secure confessions in crimes ranging from armed robbery to murder. Allegations persisted until the 1990s at police stations on the city's South and West sides.

While several of the incarcerated men with torture claims have been released, Wrice's case could have far-reaching impact on how Illinois deals with such cases in the future. Wrice, who is serving a 100-year sentence, insists he's innocent.

Allegations of abuse and torture have plagued the Police Department and the nation's third-largest city for decades and was a factor in former Gov. George Ryan's decision to institute a moratorium on the death penalty in 2000. Gov. Pat Quinn abolished the death penalty in Illinois last year.

An appeals court has already sided with Wrice, ruling that he should be granted a new hearing on his claim that Burge's officers used a flashlight and rubber hose to beat him in the face and groin until he confessed to a 1982 sexual assault at his home. Prosecutors are asking the state Supreme Court to overturn that ruling.

Wrice's defense attorney, Heidi Lambros, said she'll be looking for one word Thursday on the high court's opinion: "If it says 'affirm,' that's golden."

Burge is serving a 4 1/2-year sentence in federal prison following his conviction last year of perjury and obstruction of justice for lying in a civil suit when he said he'd never witnessed or participated in the torture of suspects.

Prosecutors have not disputed that Wrice was tortured but say they had enough evidence of his guilt to convict him even without the allegedly coerced confession, including testimony from two witnesses and the fact that an iron used in the attack was found in Wrice's bedroom, as were the victim's clothes.

But during oral arguments in September, justices challenged prosecutors on the strength of their evidence, noting that no physical evidence tied Wrice to the crime. The victim never identified him as one of her attackers, and a witness who did identify him has since recanted, claiming that police tortured him too.

In asking justices to reverse the appellate court's ruling, prosecutors have argued that the confession was the legal equivalent of "harmless error."

"Hopefully, the Supreme Court will clarify the law," said Myles O'Rourke, who argued the case for the special prosecutor's office. "We're just hoping that there's resolution."

Attorneys and legal experts say it's difficult to predict what the high court will do. Justices could affirm the lower court's decision, deny the decision or send the case back for a procedural step that was skipped, among a range of options. The court could also order that all inmates with credible torture claims get new hearings, as defense attorneys have asked in an amicus brief. Or justices could allow the cases to work their way through the courts one-by-one on their merits, as prosecutors want.

Just six of the seven justices considered the Wrice case after Justice Robert Thomas recused himself and did not hear oral arguments. No reason has been given for the recusal. In the event of a 3-3 split, the lower court ruling giving Wrice a new hearing would stand.

Joey Mogul, one of the defense attorneys representing men with pending torture claims against Burge and his officers, said the high court's ruling could have broad implications on her clients and others.

"I hope the Illinois Supreme Court recognizes that torture is so egregious that it never can be harmless error and that it takes the principled step of not only granting relief to Stanley Wrice but to the 15 other torture survivors who have never had the opportunity to present evidence of torture," Mogul said.

Police officer arrested, accused of coercing two women to expose their breasts

Source

Police officer arrested, accused of coercing two women to expose their breasts

By Antonio Planas

LAS VEGAS REVIEW-JOURNAL

Posted: Feb. 1, 2012 | 6:20 p.m.

A 33-year-old Las Vegas police officer was arrested Wednesday after being accused of pulling over two women last year and coercing them into exposing their breasts.

John Norman is also accused of groping one of the women.

Norman was booked Wednesday afternoon into the Clark County Detention Center on felony charges of coercion and oppression under the color of office and misdemeanor open or gross lewdness.

Assistant Sheriff Ray Flynn said during a news conference that Norman's arrest marked a sad day for a department that prides itself on staying on the right side of the law.

"An incident like this does have a tendency to cloud our good name," Flynn said.

He added that 99.9 percent of the agency's employees "work diligently, work with integrity and do a very tough job out there." [He must have gotten that wrong. I am sure it's the inverse with .1 percent of the agencies cops being honest ethical cops]

Flynn said Norman had been released on his own recognizance by late Wednesday afternoon. County jail records showed he was not at the facility Wednesday night.

Norman, hired in July 2008, has been placed on unpaid administrative leave while an internal investigation is conducted. When notified of allegations against him in late December, Norman retained attorneys and refused to speak with investigators. One of his lawyers is former District Attorney David Roger.

Flynn said the investigation could take several months. He said that Norman could lose his job but that he will get a chance to share his side of the story as the department's internal investigation and the county prosecutor's case unfold.

The ages of the women were not released by police because of the sexual nature of the allegations.

On Dec. 28, a woman reported to police that she had been pulled over and groped during a traffic stop, according to Norman's arrest report.

After the allegation was made, police said, parallel investigations into Norman's actions were conducted by the agency's Internal Affairs Bureau and the Sexual Assault Detail.

The report said police learned that on Dec. 11, Norman pulled over the woman near Tropicana and Eastern avenues. The woman told police two other women were in the car, including her sister.

Norman told the woman to pull into the back of a church parking lot so he could conduct some tests, the report said. During the traffic stop, the woman told Norman that she had a prior arrest for driving under the influence and that during the arrest marijuana was found.

Norman told the woman he pulled her over because she didn't have license plate lights.

During the stop, the woman told Norman that she had smoked marijuana three weeks ago.

The report said Norman then asked to "physically search" her. The woman consented, even after Norman asked her whether she would be more comfortable if a female officer conducted the search.

Norman searched the woman's pockets. He then told her that he needed to search her bra "because women put things in their bra or sew things into their bra," the report said.

The woman told investigators that Norman turned on his vehicle's spotlight and pointed it at her car.

In hindsight, the woman believed "this was done to prevent the girls in the car from witnessing what happened," the report said.

Norman then asked the woman to lift her shirt. At one point, the woman took off her bra at his orders, and he groped her, the report said. Norman also searched the bra itself.

When the woman put her shirt down, Norman answered a phone call. The woman told investigators she could hear his wife talking about a sick child at home, the report said.

Norman told the woman he was not going to cite her because of her cooperation, the report said. He let her go without performing a field sobriety test.

The woman told police she would not expose herself and let a stranger grope her, but she was afraid of what would happen if she didn't comply with an officer's order.

The woman told her sister what happened when she returned to the car. Police asked the woman to identify Norman in a photo lineup, but she could not, the report said.

Investigators spoke with the woman's sister. She said her sister had told her of Norman's actions. The sister said she wasn't able to see what Norman was doing because of the patrol car's spotlight.

The bra the victim wore was taken as evidence and will be tested for Norman's DNA, the report said.

The victim did tell police the bra had been washed once since the incident.

During the investigation, police learned of a second incident involving similar circumstances that occurred June 23.

On Jan. 1, a woman came forward and told investigators that she, her cousin and her cousin's children were at a convenience store when they noticed a uniformed officer looking at them.

The officer was later identified as Norman.

The group left the convenience store, and Norman followed. The woman pulled her vehicle into an apartment complex near Flamingo and Paradise roads. Norman blocked them with his patrol vehicle and approached the car.

He told the driver he didn't have a reason to stop her, but they were in a high-crime area.

One of the women admitted to Norman that she had warrants for traffic offenses, the report said.

Norman then told the woman he was going to arrest her on the warrants.

While he was patting her down, Norman instructed the woman to put her fingers under her bra and shake them to make sure nothing was in the bra. The report said Norman searched her twice before putting her in the back of his car. He then drove around the corner.

Norman stopped the car and told the woman "it was her lucky day" because he had to go out on a "hot call" so she wasn't going to be arrested.

He took off her handcuffs. The report said he continued to ask her whether she had anything hidden in her bra.

"Norman told her that he would be very upset if he found out that he had let her go with something hidden in her bra," the report said.

He began giving her instructions to shake her bra, the woman complied and shook out her bra three times.

The report said Norman kept telling her she wasn't doing it correctly and, after the third time, said: "My, aren't we bashful today."

The victim told investigators she believed Norman wanted to see her breasts because he kept getting more insistent about following his instructions, the report said.

The woman, in fear and frustration, said she then pulled down her shirt and bra and exposed her right breast.

Norman then told her she was free to go, the report said. The victim went home and told her mother and cousin what had happened. She reported the incident immediately to police, but investigators had trouble following up because the woman's phone was disconnected.

The report said police spoke with the woman's cousin and mother about the allegations against Norman. The alleged victim was able to pick Norman out of a photo lineup.

One of the last such cases involving an on-duty officer accused of using his badge for misconduct against women happened in May 2010. James Vernon Clayton, a former North Las Vegas police officer, pleaded guilty to three counts of attempted misconduct by a police officer and two counts of oppression under the color of office. He was sentenced to three years of probation.

Clayton tried to gain sexual favors, including oral sex, from women he cited for traffic violations.

Clayton was a three-year veteran of the department when he was charged. He was fired in July 2009.

Flynn said police have not ruled out the possibility that additional victims may come forward in the Norman case.

He encouraged anyone with information of misconduct by Norman to contact the Metropolitan Police Department's Sexual Assault Detail at 828-3421; or Crime Stoppers at 385-5555.

Contact reporter Antonio Planas at aplanas@review journal.com or 702-383-4638.

TSA agent at JFK stole $5K from passenger

Police: TSA agent at JFK stole $5K from passenger

Associated PressBy CHRIS HAWLEY | Associated Press

NEW YORK (AP) — Police say a Transportation Security Administration agent stole $5,000 in cash from a passenger's jacket as he was going through security at John F. Kennedy International Airport, the latest in a string of thefts that has embarrassed the agency.

Alexandra Schmid took the cash from the jacket of a Bangladeshi passenger as it went along an X-ray conveyor belt at around 8 p.m. Wednesday, said Al Della Fave, spokesman for the Port Authority of New York and New Jersey's police force.

"In viewing the surveillance video, we observed her removing the currency from the victim's jacket pocket," Della Fave said.

The video showed Schmid wrapping the money in a plastic glove and taking it to a bathroom, he said.

The money hasn't been recovered, Della Fave said. Police are investigating whether Schmid gave it to another person in the bathroom.

The 31-year-old Schmid was arrested on a charge of grand larceny and suspended pending an investigation. Her attorney's name wasn't immediately known.

Schmid, who lived in Brooklyn, had worked for the TSA for 4½ years, TSA spokeswoman Lisa Farbstein said.

"We do hold our officers to very high standards, and we have a zero tolerance policy for theft in the workplace," Farbstein said.

It's the latest in a series of recent theft allegations against TSA employees:

— Last month, an agent who worked searching checked luggage at the Dallas-Fort Worth International Airport was suspended after the owner of a stolen iPad used the tracking feature on the device to locate it at the agent's home. Police found seven other iPads there.

— Also in January, authorities charged an agent at Miami International Airport with swiping items and luggage and smuggling them out of the airport in a hidden pocket of his work jacket. He was arrested after one of the items, an iPad, was spotted for sale on Craigslist.

— Two other former TSA agents at JFK were sentenced on Jan. 10 to six months in jail and five years' probation for stealing $40,000 from a piece of luggage in January 2011. The agents, Coumar Persad and Davon Webb, had pleaded guilty to grand larceny, obstructing governmental administration and official misconduct.

— Last year, a TSA supervisor and one of his officers pleaded guilty in a scheme that lifted $10,000 to $30,000 from passengers' belongings at Newark Liberty International Airport. A federal judge sentenced the supervisor, Michael Arato, to 2½ years in prison and his subordinate, Al Raimi, to six months of home confinement.

Hackers take over law-enforcement websites

Hackers take over law-enforcement websites

Feb. 3, 2012 12:05 PM

Associated Press

BOSTON — The hacking collective Anonymous is claiming credit for defacing the Boston Police Department’s website, part of a string of online attacks around the world being attributed to the group.

A message posted on the website Friday said, “Anonymous hacks Boston Police website in retaliation for police brutality at OWS,” apparently a reference to the Occupy Wall Street movement. A police spokesman would not confirm Anonymous was responsible.

In Salt Lake City, police say hackers who attacked the department’s website on Tuesday gained access to sensitive data, including citizen complaints about drug crimes, including phone numbers, addresses and other personal information.

The attacks come after Anonymous published a recording of a phone call between the FBI and Scotland Yard early Wednesday, gloating in a Twitter message that “the FBI might be curious how we’re able to continuously read their internal comms for some time now.”

In Greece, the Justice Ministry took down its site Friday after a video by activists claiming to be Greek and Cypriot members of Anonymous was displayed for at least two hours.

Police in Salt Lake City blamed the attack on Anonymous’ opposition to an anti-graffiti paraphernalia bill that eventually failed in the state Senate. The website remained down Friday as the investigation continued, and police said criminal charges are being considered.

In a message posted on the Boston police department’s website, the group said that the site had been attacked several months ago and that hundreds of passwords were released in retaliation for what they called brutality against Occupy Boston.

In October, Boston police acknowledged that various websites used by members of the police department — including the website belonging to the police patrolmen’s association — had been hacked and possibly compromised. The department said it had asked all department personnel to change their passwords on the police department’s network.

Boston’s Occupy movement set up camp in the city’s financial district for two months this fall. The first hack came about 10 days after Boston police arrested 141 Occupy Boston demonstrators on Oct. 11.

Police dismantled the camp Dec. 10, citing public health and safety concerns.

“They clearly ignored our warnings,” the message on the department’s website said Friday.

“So you get your kicks beating protesters? ”That’s OK; we get kicks defacing … your websites — again.“

”It is unfortunate that someone would go to this extent to compromise BPDNews.com, a helpful and informative public safety resource utilized daily by community members seeking up-to-date news and information about important safety matters,“ police said in a statement.

Anonymous is a collection of Internet enthusiasts, pranksters and activists whose targets have included financial Visa and MasterCard, the Church of Scientology and law enforcement agencies.

Following a spate of arrests across the world, the group and its various offshoots have focused their attention on law enforcement agencies in general and the FBI in particular.

———

Associated Press writer Raphael Satter in London contributed to this report.

Cleveland cops abuse gay men

Gay men say were jailed without pants

Feb. 3, 2012 05:04 PM

Associated Press

CLEVELAND -- Two gay men who say they were punched and pinned to the ground by an off-duty police officer before being called offensive names and jailed without their trousers have sued the city and its police over what they call anti-gay bias.

Steven Ondo and Jonathan Simcox said the off-duty officer, who was a neighbor, complained about a noisy argument on the street and attacked them last April and had them arrested. A week later, they said, they were arrested by SWAT officers and were punched again at their home while lounging in T-shirts and underpants. They said they were denied a chance to get their pants and weren't provided with any in jail for a day.

The men were charged with assaulting the officer but were acquitted Oct. 20 in a non-jury trial.

Ondo, 22, and Simcox, 25, filed the U.S. District Court lawsuit against the city and its police last month and asked for unspecified damages. They said their goal was to deter biased treatment by police.

During the second arrest, the lawsuit says, the officers repeatedly referred to Ondo and Simcox as "faggots" and said "faggots don't get to wear pants to jail" when they were transported to the city lockup. Simcox's brother was at the house and asked if he could get the pants for them, but police refused, although he was allowed to get their shoes, the lawsuit says.

Police usually allow cooperative arrested people to retrieve their clothing.

A top city official said Friday the city wouldn't discuss details of the litigation.

"The city of Cleveland is aware that the lawsuit has been filed and will appropriately address this legal matter in court," interim Law Director Barbara Langhenry said in an email.

Ondo and Simcox could not be reached Friday. No phone was listed for Ondo in court records, and a phone number for Simcox provided by his attorney wasn't accepting calls.

Attorney Dan Chaplin, who represented Ondo in the criminal case, said each man weighs about 120 to 130 pounds and they were tossed around like rag dolls by their 225-pound neighbor.

About a week later, he said, a SWAT team calling them "fags" and "queer" arrested them at their home at about 5:30 a.m. on a warrant accusing them of assaulting a police officer. The team then put them in a police van and drove around for a couple of hours making other arrests, he said.

"They were humiliated and embarrassed. They were shackled to strangers while they were in their underwear and they couldn't leave," Chaplin said. "And the other guys that were arrested were allowed to get clothes on."

At the jail, he said, police mocked them, telling them "fags don't deserve to wear pants" and asked them questions about their sex lives.

"It was just real old-fashioned gay bashing by the Cleveland police department," he said.

Cleveland police and the city's Office of Professional Standards said no complaint had been filed in the case, mayoral spokeswoman Andrea Taylor said.

Drone crashes in Somali capital

Surveillance drone crashes in Somali capital

Feb. 3, 2012 05:06 PM

Associated Press

MOGADISHU, Somalia — Witnesses say a surveillance drone has crashed into a refugee camp in the Somali capital.

Drones have been used by the U.S. to attack or observe al-Qaida-linked militants in the Horn of Africa nation.

Refugees and soldiers in Mogadishu’s Badbado camp say they watched the drone crash Friday into a hut made of sticks, corrugated cans and plastic bags.

Sacdiyo Sheikh Madar, a refugee at the camp, says African Union peacekeepers came to remove it.

Police officer Ali Hussein says the drone was shaped like a small plane. A similar drone crashed into a house in Mogadishu last year.

Vermont police find, belatedly, that inmates put pig on car decal

February 3, 2012 | 3:37 pm

The detail in the decal was so small that the Vermont state trooper cleaning his patrol car had to get face to face with it to confirm that what he saw was really what he thought he saw.

The trooper, not identified by police, noticed that the one of the spots on the cow depicted on the state seal was oddly shaped.

Then it hit him: He was looking at a pig.

So he immediately reported it.

As police began looking into the matter, they learned that about 30 other police cruisers had the porcine-shaped spot on their decals too.

So how did the pig -- often used as a derogatory term for police -- get there in the first place?

As it turns out, the emblems are printed by prison inmates with the corrections department's print shop, which also makes the state's stationary and license plates.

Inmates working there seem to have pulled a prank that Vermont police are not finding very funny.

"We understand that a lot of people will find humor in this," said Stephanie Dasaro, a Vermont State Police spokeswoman. "But the joke does come at the expense of the taxpayers."

Police are still trying to figure out how many cruisers carry the modified decal. Dasaro said it would cost about $800 to replace them.

Dasaro said she found the prank "disrespectful," emphasizing that the prank is insulting to officers who serve the Green Mountain State.

Lawsuit investigation sought of Phoenix Law Department

Lawsuit investigation sought by Phoenix Councilman DiCiccio

by Lynh Bui - Feb. 3, 2012 09:58 PM

The Republic | azcentral.com

Phoenix City Councilman Sal DiCiccio has asked Arizona Attorney General Tom Horne to investigate whether the city's Law Department violated the Open Meeting Law by defending Phoenix in a lawsuit against Judicial Watch.

DiCiccio contends the Law Department may have violated the Open Meeting Law by pursuing legal action in the case without council approval.

"It is bothersome in the least that staff would spend a significant amount of money and time on a critical issue dealing with transparency in government without a formal council vote or oversight from the public," DiCiccio said.

DiCiccio asked the Goldwater Institute to provide a legal opinion on the matter. The conservative think tank's conclusion is that "taking legal action without council approval probably is unauthorized and is therefore null and void."

The Phoenix City Code allows the city attorney to authorize defense in litigation and lawsuits. But Goldwater attorneys suggest that code may conflict with the Open Meeting Law because "legal actions" that "bind the public body" should be voted on in a public meeting.

Judicial Watch, a Washington, D.C.,-based conservative think tank, sued Phoenix in 2009 to release security logs detailing former Mayor Phil Gordon's activities. The city didn't produce the records, saying their release would jeopardize the mayor's safety, disclose confidential information on sensitive business deals and infringe on the mayor's privacy. A recent ruling from an Arizona Court of Appeals judge determined the city should still produce the records, but redact items it feels would jeopardize safety or confidential information.

Phoenix spokeswoman Toni Maccarone said the Law Department received the information from DiCiccio and is reviewing the matter. Horne's press secretary, Amy Rezzonico, said the Attorney General's Office has received the complaint but cannot comment now.

We don't need no stinking evidence to arrest a murder suspect!!!

Source

DNA key in case against Ocampo, D.A. says

By Nicole Santa Cruz, Los Angeles Times

February 4, 2012

A "significant DNA link" convinced prosecutors Friday to drop charges against a man accused of killing his mother and older brother in October and instead has connected suspected serial killer Itzcoatl Ocampo to the crimes.

At a hastily called evening news conference, Orange County Dist. Atty. Tony Rackauckas said Eder Herrera, 24, would be released from Orange County Jail and that two additional murder charges would be filed against Ocampo on Monday.

However, he cautioned, "We're not saying that Mr. Herrera is not guilty."

Ocampo, 23, is already accused of fatally stabbing four homeless men in northern Orange County, what authorities say was part of a weeks-long stabbing rampage that began days before Christmas and ended with his arrest Jan. 13. One victim was stabbed more than 60 times.

Rackauckas noted similarities between the deaths of the homeless men and the Oct. 25 slayings of Raquel Estrada, 53, and her older son, Juan Herrera, 34, at their Yorba Linda home. Estrada was stabbed more than 30 times while Herrera had more than 60 wounds.

He also said DNA found on items taken from Ocampo's Yorba Linda home matched a profile from the double homicide.

"This case has now expanded from murdering random vulnerable strangers to murdering people he knew," Rackauckas said.

Eder Herrera and Ocampo were classmates, Rackauckas said, graduating together in 2006 from Esperanza High School in Anaheim.

In addition, Ocampo lived about a mile from the Herrera home.

According to a friend who has knowledge of the case, Ocampo visited the Herrera home days before the killings to spend time with his buddies.

The friend, who requested anonymity because the investigation is ongoing, said Ocampo's perplexing mental state was noted.

Rackauckas said Estrada's body was found in the kitchen. Prosecutors believe that Juan Herrera tried to escape out the front door, where police found a large amount of pooled blood.

His body was found in the hallway of the home. Investigators did not find evidence of forced entry.

At 11:30 p.m., Brea police responded to a 911 call from an unidentified person who said they heard strange noises coming from the home.

Eder Herrera, who owned a small business with his older brother, was arrested the next morning as he drove away from a friend's house. Last month, he pleaded not guilty to the crimes.

Rackauckas said Friday that there had been "significant evidence" resulting in charges against Herrera.

On that night, Herrera was driving randomly in the area with a friend. "His behavior was in general suspicious," Rackauckas said.

In addition, a witness saw a person he believed to be Eder Herrera dragging something from the front door threshold back inside.

Also, near the spot where the anonymous 911 call was placed, surveillance video showed a person who looked like Herrera walking, wearing shoes with a distinctive side pattern that looked like the shoes he was wearing when he was arrested.

Rackauckas said Herrera also made no effort to check on his mother and brother, despite driving by the crime scene with his friend and seeing police cars in front of the home.

That friend urged Herrera to call his family members on their cellphones. They didn't answer.

A task force continued to investigate the crimes, but Rackauckas said that as of Friday afternoon, that there was "no longer sufficient evidence to hold Mr. Herrera in custody."

At 4:45 p.m., charges were dismissed against Herrera, who was facing 52 years to life in prison, but Rackauckas said that the "door is open" regarding new charges.

Randall Longwith, Ocampo's attorney, said he had not spoken with his client regarding the latest charges. "To me, it doesn't fit," he said.

Ocampo will be arraigned Monday morning.

The homeless murders shot fear through the transient community and were the first serial killings to shock the region in more than two decades.

After Ocampo's arrest, family and friends recalled how he apparently had sympathy for the poor and, despite being unemployed and broke, donated to the homeless.

They also said after he was discharged from the Marines in June 2010, he seemed different.

nicole.santacruz@latimes.com

‘Anonymous’ intercepts FBI, Scotland Yard call

‘Anonymous’ intercepts FBI, Scotland Yard call

Raphael Satter

The Associated Press

Saturday, February 4, 2012 12:05 am

LONDON -- Trading jokes and swapping leads, investigators from the FBI and Scotland Yard spent the conference call strategizing about how to bring down the hacking collective known as Anonymous, responsible for a string of embarrassing attacks across the Internet.

Unfortunately for the cyber sleuths, the hackers were in on the call too -- and now so is the rest of the world.

Anonymous published the roughly 15-minute-long recording of the call on the Internet on Friday, gloating in a Twitter message that "the FBI might be curious how we're able to continuously read their internal comms for some time now."

The humiliating coup exposed a vulnerability that might have had more serious consequences had someone else been listening in on the line.

"A law enforcement agency using unencrypted, unsecure communications is a major fumble," said Marcus Carey, who spent years securing communications for the U.S. National Security Agency before joining security-risk assessment firm Rapid7.

"What if this event was talking about some terrorist plot to blow up something and 'they' were listening in? It could've been much worse if it was related to an al-Qaida plot or something ... So this is a lesson learned."

The leak was one of a slew of Anonymous hacks that hit websites across the United States Friday, including in Boston, where the police site was defaced, and in Salt Lake City, where officials said that personal information of confidential informants and tipsters had been compromised.

Anonymous also claimed credit for defacing the Greek Justice Ministry's website and stealing a mountain of data from the Virginia-based law firm that defended a U.S. Marine recently convicted for his role in the bloody 2005 raid in Iraq that became known as the Haditha massacre.

The hackers' successful attempt to spy on the very people charged with tracking them down remained the most dramatic coup of the day, with sensitive police conversations broadcast across the world.

The FBI said the communication "was intended for law enforcement officers only and was illegally obtained," but added that no FBI systems were breached. It said that "a criminal investigation is under way to identify and hold accountable those responsible."

A law enforcement official, speaking on condition of anonymity because the matter is under investigation, told The Associated Press that authorities were looking at the possibility the message was intercepted from the private email account of one of the dozens of invited participants -- who hailed from the U.K., Ireland, Germany, France, the Netherlands and Sweden.

Anonymous published just such an email Friday, complete with the date, time and password needed to access the call.

Graham Cluley, an expert with data security company Sophos, said that anyone with that information could have "rung in and silently listened to the call just like Anonymous did."

In Paris, a French police official who was briefed on the interception said it could prompt international law enforcement bodies to be more circumspect about sharing information in conference calls. He spoke on condition of anonymity because he wasn't authorized to speak on the record.

Scotland Yard said there was no immediate evidence their operations were compromised.

Amid jokes about a teenage hacking suspect (who one officer describes as "a bit of an idiot") and lighthearted banter about McDonald's, the investigators on the call discussed whether to delay the arrest of two hacking suspects to give the FBI more time to pursue its side of the investigation.

Updates were given on the status of inquiries stretching from Los Angeles and Baltimore to England and Ireland, with one member of Scotland Yard's central e-crime unit telling the FBI that British police had identified a 15-year-old with possible connections to a recent breach at U.S. videogame company Valve Corp.

"Yeah that's fantastic," an FBI official said in response. "We actually do have a pending investigation looking into that compromise."

An email to the FBI official leading the call was not immediately returned Friday, while the e-crime investigator referred questions to Scotland Yard's press office. The press office confirmed it had someone on the call but said it would have no further comment.

Most sensitive appears to be discussion of what legal strategy to pursue in the cases of Ryan Cleary and Jake Davis, two British suspects linked to Anonymous. The U.K. police official on the call said prosecutors were secretly going to court to delay procedures in order to give the FBI more time pursue a related case.

When the FBI official thanked his U.K. counterpart for the favor, the Briton said cheerily: "We're here to help!"

Karen Todner, a lawyer for Cleary, said the recording could be "incredibly sensitive" and warned that such data breaches had the potential to derail the police investigation.

"If they haven't secured their email it could potentially prejudice the investigation," she told the AP.

Anonymous, an amorphous collection of Internet enthusiasts, pranksters and activists, has increasingly focused its attention on law enforcement agencies in general and the FBI in particular.

The hackers' targets have included the Church of Scientology, the music industry and financial companies such as Visa and MasterCard. It has recently expanded to include government, police and military targets.

Dozens of suspected members and supporters have been arrested across the world.

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Associated Press Writers Pete Yost in Washington, Cassandra Vinograd in London, Brian Skoloff in Salt Lake City, Denise Lavoie in Boston and Jamey Keaten in Paris contributed to this report.

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Online:

Raphael Satter can be reached at: http://twitter.com/razhael

Ron Paul supporter who had foot broken by Gingrich thugs sues

Ron Paul supporter files lawsuit against Gingrich campaign for broken foot at Florida precinct

By Chris Moody | The Ticket

A Ron Paul supporter who left his polling precinct near Orlando with a broken foot Tuesday after an altercation with Newt Gingrich's private security officers has filed a lawsuit against the campaign and Patriot Group International, Gingrich's security firm.

The complaint, filed on Feb. 3 in a U.S. district court , seeks damages of more than $75,000, and alleges battery, assault, intentional infliction of emotional distress and negligent hiring on part of the campaign.

Dillard told Yahoo News that his attorney, Andrew Bennett Spark, was waiving attorney fees.

The incident occurred Tuesday at a polling station at First Baptist Church Windermere, where Gingrich was scheduled to make a quick morning stop to greet supporters. Dillard, a Ron Paul supporter who lives nearby, was present with a Paul sign when Gingrich arrived, and he says he did not know the candidate planned to stop there.

When Gingrich's campaign bus arrived, Gingrich walked toward Dillard, said hello, and turned to shake hands with voters. Dillard held the Paul sign behind Gingrich. Members of the candidate's private security warned Dillard that he should leave. When Dillard refused, they attempted to block him, and one stomped on his foot--on purpose, Dillard, who was wearing flip-flop sandals at the time, says.

After the incident, Dillard had a bruise on the top of his foot and later visited a doctor, who diagnosed him with a fracture.

A spokesman for Paul's presidential campaign called on Gingrich this week to apologize and to pay for Dillard's hospital bills.

Spark told Yahoo News that a phone call to the Gingrich campaign Friday had not yet been returned.

Guilty till proven innocent!!!!

Source

Super Bowl bust: U.S. government seizes 307 domains for violating NFL copyrights

By Mike Wehner, Tecca

Target sites assumed guilty until proven innocent under U.S. law

While many sports fans are preparing for Sunday's Super Bowl by organizing parties and shopping for TVs, the U.S. government is preparing in a different way. Just yesterday, the U.S. Immigration and Customs Enforcement agency seized 307 different domains suspected of violating NFL copyrights. Of those, 16 were suspected of illegal streaming. The rest were allegedly selling counterfeit NFL merchandise.

The seizure was conducted under U.S. civil law, not criminal law. That means the affected parties need to prove that the internet domains were not engaging in illegal activity to get them back — an ugly mirror image of the country's usual "innocent until proven guilty" right. Many of the domains were not being operated by U.S. groups. Because they used U.S. domain suffixes .net, .com, and .org, however, the Immigration and Customs Enforcement agency was empowered to act.

Visitors to any of the seized domains are now greeted by a message from ICE explaining the takedown. According to the government, these messages have already been viewed over 77 million times yesterday alone.

This article was written by Fox Van Allen and originally appeared on Tecca

TSA Cover-up Investigation

Source

TSA Cover-up Investigation

by Wendey Halloran - Feb. 3, 2012 09:08 PM

12 News Investigative Reporter

A loaded gun went through security at Phoenix Sky Harbor International Airport, a 12 News investigation revealed.

The incident, which happened on December 27, 2008, involved a cover-up and policy violations by Transportation Security Administration managers and remained hidden from public knowledge for three years.

A whistleblower says, "There are people that are in high management at TSA that were involved in a major cover-up."

At the center of our investigation is a man named Mike Hales. The 37-year-old works for the TSA at Sky Harbor. We tried numerous times to talk to him about a serious security breach but he didn't want to talk to us.

On that day, a TSA manager brought a loaded handgun into a security checkpoint in Terminal 4. Records obtained by 12 News show the breach was "unintentional" but what happened next triggered a high level investigation. That's because Supervisory Transportation Security Officer Mike Hales allowed the TSA manager to simply turn around and take the gun back out, violations of federal policy.

The whistleblower says, "I'm ashamed to have worked there, definitely ashamed and it makes me sick."

According to an internal TSA investigation report obtained by 12 News, several employees violated federal policy. The internal memorandum shows employee Mike Hales violated a policy requiring law enforcement to be called the moment the gun was spotted. What's more, records show there is security video that captured this incident. It does not have audio. Upon viewing the video, a TSA Special Agent documented what happened.

Here's what the report shows the Agent documented:

At 12:11 p.m. the TSA manager enters lane 5 reporting for work. At 12:13 p.m. he puts his briefcase on the conveyor belt for screening. At 12:16 p.m. he enters the checkpoint through the walk-through magnetometer. Then at 12:17 p.m. as the briefcase moves into the X-ray scanner, the TSA manager demonstrates anxiety over his property in the X-ray tube. At 12:17 p.m. a Lead Transportation Security Officer signals to Supervisory Transportation Security Officer Mike Hales, the firearm signal with his hands. At 12:18 p.m. Hales recognizes the employee who brought the gun and responds to him in lane 5. Hales then signals towards the supervisor's desk appearing to stop the required call to the Phoenix Police Department, Airport Bureau.

At 12:19 p.m. Hales takes the briefcase from the X-ray. One minute later, Hales and the TSA manager exit the checkpoint and walk into the airport side of the checkpoint off camera. The TSA manager then walks out of the airport, still carrying the loaded gun with one in the chamber and a magazine.

The whistleblower maintains, "This was a cover-up, this was despicable. It's the most egregious thing I've ever seen while I've been with the TSA."

Emails obtained by 12 News seem to show this was not viewed as a serious matter at the time.

More specifically, in an email from Mike Hales to his boss, Dave Couts, the Assistant Federal Security Director of Screening (AFDS-S) Hales informs him of the gun incident. Couts hardly seems troubled by the news responding, "Thank you for the quick turnaround," Couts wrote, "Will there be cigars needed for your child's birth? A box is on me."

"On a day-to-day basis, TSA was all about schmoozing," countered our whistleblower.

But when a TSA investigator finally learned of the incident, it was no laughing matter.

Documents show he said, "Hales placed the traveling public and his co-workers in danger." And by Hales removing the firearm out of the X-ray it could have accidentally discharged or been misidentified as belonging to the TSA Manager and [sic] it belonged to somebody else in there that meant to do ill intent, harm. He also stated that someone could have grabbed the loaded 9mm pistol from him inside of the checkpoint. He concluded there could have been a lot of various factors.

Another email exchange obtained by 12 News shows another TSA Special Agent wrote, "Dave was attempting an end round on this one." Another investigator responded to that email calling for an investigation. He wrote, "We open cases on Federal Flight Deck Officers all the time, and we need to open one on AFSD-S friends too." AFSD-S was a reference to Couts' position as the Assistant Federal Security Director of Screening.

An internal memorandum containing the findings of the TSA internal investigation reveals why Supervisor Mike Hales broke policy. In his first sworn statement, Hales writes, "I felt that this situation involving upper-management had the potential to give TSA Phoenix yet another public relations black eye. In an effort to avoid bad publicity for TSA, the TSA Manager, me and the checkpoint I told the X-ray operator to release the bag from the X-ray machine."

At the bottom of Hales second sworn statement, he writes, " I can, however, assure you that I did not try and cover-up the incident in question."

However, the X-ray-technician who detected the loaded weapon told investigators he believed no incident report was ever written and there was a concerted effort by TSA Supervisors for this incident to disappear.

We tried to get Dave Couts' side of the story. He told us he is a federal employee and could not discuss the matter. When asked why he sent an email to Mike Hales thanking him for the "quick turnaround" and offering a box of cigars for the birth of his child, he told us, "I have no idea what you're talking about."

After all this, you might think Hales' and Couts' careers could be in jeopardy. According to internal investigation it was alleged that the Phoenix Screening staff failed to report the incident to the Transportation Security Operations Center, which was in violation of an Operations Directive and no law enforcement agency was notified, which was in violation of the Screening Management Standard Operating Procedures. Furthermore, the document also shows they maintained a detected weapon, which is prohibited. The findings of the TSA investigation show, the TSA manager who brought the gun in, Mike Hales who removed the gun from the X-ray machine and gave it back to the TSA manager, Dave Couts and another Transportation Security Manager all violated federal policies.

One investigator said Hales should be removed from federal service. But he wasn't. Months later Hales was given just a 3 day suspension for his actions that day. We tried to speak with Hales but he had no comment. Hales currently holds a position of greater duties and responsibilities with the TSA. He's employed as a Transportation Security Inspector (Aviation.) His annual salary is $53,605, according to TSA Public Affairs Officer Lorie Dankers.

As for Dave Couts, documents reveal he received a five day suspension in lieu of reprimand. That letter was placed into his personnel file for two years. He's still with the TSA but in a different position. He's working as a Program Analyst and his annual salary according to Dankers, is $114,394.

We made repeated attempts to find out more answers to questions we have about this incident with the TSA. But to no avail, instead the TSA issued us a statement.

"TSA investigated these allegations more than three years ago to ensure the high standards of the agency were met and those responsible were held accountable. The investigation yielded a thorough report and the agency took appropriate action. TSA considers this a closed matter," the statement reads.

TSA has a video showing this entire incident, but they declined to make it available this week for our report. We were told to check back in a few weeks about the status of our request adding that the TSA at Sky Harbor would have to review and process the request before we would obtain anything. 12 News initially submitted a Freedom of Information Act request on December 28, 2011 seeking the video.

As for the whistleblower, he has contacted Senator Jon Kyl's Office and also told them his story. We have been in contact with Kyl's press secretary and were told because of constituent claims and confidentiality issues, they would not be able to publicly discuss the matter with us.

LAPD shutting down medical marijuana stores

"Prosecutors have always taken a hard line: Any sale of marijuana to anyone is a crime" - Of course! The drug war is a jobs program for over paid prosecutors, judges, probation officers, prison guards and public defenders.

Councilman Mitchell Englander - "Our political will was 'We don't want this in our community,' and if we can find any kind of law that says storefront sales are not allowed, we would use it to shut them down." -Translation - f*ck the will of the people, we want to jail anybody that uses marijuana.

Source

A compassionless crackdown

By Sandy Banks

February 4, 2012

Forget years of conflicting rules, hazy regulations, hard lines and soft bans.

An LAPD narcotics squad has made an end-run around the city's fumbling efforts to regulate medical marijuana, shutting down every dispensary in its San Fernando Valley division in a three-year campaign whose success just might signal the end of legal pot sales in Los Angeles.

The closure this week of Herbal Medicine Care in Chatsworth ended a string of Devonshire Division busts that netted 30 guns, $2 million in cash and nine kilos of cocaine, in addition to a ton of marijuana.

Seventy-four people were arrested, including several whose dispensaries were operating with the city's regulatory blessing.

"It was like a little private pogrom," said Joao Silverstein, whose CannaMed dispensary in Northridge was shut down in August by police.

"We fought for years to meet the requirements," he said. "Every hoop the city put in front of us, we jumped through like trained seals, with the belief that we were operating within the law. Legally."

But narcotics Det. Robert Holcomb contends that every dispensary in the city is engaged in illegal drug dealing.

The state law that legalized marijuana for medical use does not allow its retail sale, he said. Neither does the city ordinance that allows collectives to exist.

His team handled the operation like any other drug bust: Identify the target, conduct surveillance, make an undercover buy, arrest the sellers. They closed down 37 shops. Everyone arrested faces felony charges.

"I've been working narcotics for 25 years," Holcomb said. "It used to be, the hardest thing was to find the dealer. Now they put a big green cross on the door and advertise on the Internet."

::

More than 15 years have passed since California voters approved the Compassionate Use initiative that allows adults with a doctor's recommendation to possess and cultivate marijuana. It's hard to believe that its application is still such a legal muddle.

Los Angeles lawmakers spent years avoiding the issue, while hundreds of dispensaries cropped up, sometimes two or three on one block.

Two years ago, the City Council approved an ordinance that was supposed to shut most dispensaries down. It limits the number and favors those that have been around the longest. The owners would pay taxes, get business licenses and apply for building permits.

But that's been stalled by legal challenges; there are hundreds of dispensaries selling marijuana in L.A. now. The council is about to consider revoking those rules and adopting a temporary ban that would forbid dispensaries but let patients and caregivers grow their drugs.

"That would allow us to clear the deck and ask 'What is the right approach to allowing access to medical marijuana?'" said Councilman Jose Huizar, the ordinance sponsor, whose Eagle Rock district has been overrun by pot shops.

Local prosecutors have always taken a hard line: Any sale of marijuana to anyone is a crime.

But the crackdown in the Devonshire Division "has been particularly harsh," said attorney SaraLynn Mandel. Her clients have had their business assets seized and personal bank accounts blocked. Those who want to go to trial are being pressured by prosecutors to plead guilty, she said, or risk having proceedings dragged out.

"These are people who were adhering to what the city told them was acceptable," she said. "In Devonshire, they don't distinguish between people obeying the law and people who are not."

Councilman Mitchell Englander, whose district includes Devonshire, isn't bothered by that conflict. "Our political will was 'We don't want this in our community,' and if we can find any kind of law that says storefront sales are not allowed, we would use it to shut them down."

::

Holcomb said the raids have done their job, sweeping the northwest Valley clean of "cash and carry storefronts."

But the detective has discovered at community meetings that not every resident likes the process. "The ones that live around [dispensaries] love the fact that they're not plagued with these places anymore," he said. "But a lot of people are concerned about someone who is sick: How do they get their marijuana?"

That's been the problem all along. How do you balance that plague of proliferating shops with the rights of ailing patients?

I live in the Devonshire Division, and I recognize some of the places that Holcomb fingered as trouble spots, like the dispensary down the block from Granada Hills Charter High, "where somebody would go in and buy, and come out and deal to the kids waiting outside."

But I also support access to medical marijuana. I've been a card-carrying patient in the past.

And I feel for people like Sue, arrested behind the counter at CannaMed. She never sold me anything stronger than cannabis balm for my arthritic hands. She's not a criminal drug dealer, just a genial, middle-aged hippie who treated patients with kindness and respect.

"There are lots of us involved in this business who are not losers, not marginal characters who compromise the quality of society," CannaMed owner Silverstein said. "This is not just some recreational party.... We have resources for people who need help."

But Silverstein also expressed a bit of grudging gratitude; at least the raids wiped out big outlaw shops that gave a bad name to the industry. "I give [the LAPD] credit for one thing," he said. "They John Wayned it everywhere they went."

At the 2 AM Pharmacy in Canoga Park, which shares its lot with a strip club, Holcomb's team seized the most money the detective had ever seen — "$600,000 in cash." One of the operators was a guy Holcomb had arrested 20 years ago "with two kilos of cocaine," he said.

Councilman Englander suspects that sort of operation is less the exception than the rule.

"They're ripping off the people they're supposed to help. It's not the few that spoiled it for the most," he said. "It's the most that spoiled it for a few."

Officers in other parts of the city are taking lessons from Holcomb's crew. Marijuana advocates worry that could lead to wholesale shutdowns. Said attorney David Welch: "Every single storefront collective in this city would fall under that umbrella."

I wonder what that would mean for the patients I encountered at CannaMed. It's not so easy to grow your own when you're shaking from Parkinson's disease or in the midst of chemotherapy treatment.

This crusade treats their medication like our menace. And they're the folks the Compassionate Use Act is supposed to make life easier for.

sandy.banks@latimes.com

No free speech for cops????

Source

Peoria sergeant's post of Obama photo leads to debate

Experts split on if free speech applies to photo

by Sonu Munshi - Feb. 5, 2012 12:00 AM

The Republic | azcentral.com

Constitutional-law attorneys and free-speech advocates are divided over whether a northwest Valley police sergeant was within his First Amendment right to post a Facebook photo showing a T-shirt with President Barack Obama's image apparently riddled with bullets.

But they largely agree Sgt. Pat Shearer has damaged his 25-year career with the Peoria Police Department.

Experts say Shearer's law-enforcement job puts him in a more delicate position than the average citizen, although one questions whether the department's social-media policy is so broad as to infringe upon his free-speech rights.

At the least, the incident serves as a reminder that there is no such thing as privacy online, said Pamela Rutledge, director of Media Psychology Research Center in California.

Caution on social media

Shearer's post last month drew national media attention after the Secret Service began looking into a photo of seven Peoria students, some posing with guns. One held what appears to be a shot-up T-shirt with Obama's image above the word HOPE. The Facebook posting also triggered an internal investigation by Peoria police. Shearer is off patrol duty, assigned to administrative tasks for now.

Legal experts say people don't sign off on their First Amendment rights when they are hired by a government agency, but freedom of expression comes with limits.

About a decade ago, a San Diego police officer was fired for selling sexually explicit videos in which he stripped off a police uniform.

The U.S. Supreme Court upheld the termination because of its links to his public-safety career, which it ruled brought disrespect upon the police force.

Several experts said Shearer's posting falls within the realm of political speech, which may be constitutionally protected.

But if the expressed activity is related to an employee's official profile, it becomes murkier.

"If the employee is wearing a uniform, for example, this implicates the department for which he works even if the speech expressed was meant to express a personal, not official, view," said Toni Massaro, a law professor at University of Arizona.

The Peoria sergeant was not posing in the photo, but his Facebook profile picture showed him in uniform. The profile, which was grabbed by another media outlet before being removed, identified him as working for Peoria police.

Massaro said many public employers caution workers who hold sensitive positions to exercise judgment about their conduct off the job including on social media, a powerful form of speech "given its range and potentially global and permanent nature."

In general, the legal test on the boundaries of free speech is if it incites someone toward imminent violent action or to break the law, said James Weinstein, a constitutional-law professor at Arizona State University.

Unclear intentions

Weinstein said the picture could be interpreted as suggesting violence against the president. But the other argument is that the photo is a legitimate protest or commentary on social concerns.

"Generally speaking you can't be punished for posting politically obnoxious pictures even though it may refer to the death of the president, unless it's a true threat," Weinstein said.

The U.S. Supreme Court had sided with a teenager who during an anti-Vietnam war rally had said if he were forced to carry a rifle, the first man he'd want to get in his sight would be President Lyndon Johnson. The high court ruled the law cannot be used to suppress "political hyperbole."

Peter Scheer, executive director of the California-based First Amendment Coalition, said while the Secret Service has the right to look into any potential threats against the president, he described this instance as a seemingly political statement, akin to an effigy of a prominent figure being burned in public.

"It's a violent image but it doesn't mean anyone means violence toward the subject," Scheer said. "It may express the desire to want a person out of office."

He said while it's not prudent for a police officer to post anything misconstrued as condoning violence toward anybody, "that message has to be pretty clear before we allow some kind of governmental punishment to be imposed."

The police department's policy states that "employees shall not use the agency's name, logo ... uniform ... on any Internet site" or public or private forum without authorization. It also states "employees shall not post ... information ... to the Internet" or any public or private forum "that would tend to discredit or reflect unfavorably upon the department or any of the department's employees."

Scheer said the policy is so broad that the agency may be able to apply it to any situation to say its integrity was harmed.

"I'm not sure they can enforce a policy that would preclude a police officer from engaging in constitutionally protected speech," Scheer said.

Jack Glaser, associate professor of public policy at the University of California-Berkeley, said he can see why there's been such a huge reaction to the incident.

"It's disturbing that as a police officer he would do this and think it's worth sharing," Glaser said. "He may be within his First Amendment rights but it reflects bad judgment."

Rutledge of the media research center said such incidents occur when people are not well-informed about the digital world.

"Online information is searchable, accessible, can travel very quickly across many networks and is permanent," Rutledge said. "My grandmother used to say, 'never talk about people in an elevator because you don't know who is listening.' The whole world is the elevator now."

Who reviews the U.S. 'kill list'?

Source

McManus: Who reviews the U.S. 'kill list'?

By Doyle McManus

February 5, 2012

When it comes to national security, Michael V. Haydenis no shrinking violet. As CIA director, he ran the Bush administration's program of warrantless wiretaps against suspected terrorists.

But the retired air force general admits to being a little squeamish about the Obama administration's expanding use of pilotless drones to kill suspected terrorists around the world — including, occasionally, U.S. citizens.

"Right now, there isn't a government on the planet that agrees with our legal rationale for these operations, except for Afghanistan and maybe Israel," Hayden told me recently.

As an example of the problem, he cites the example of Anwar Awlaki, the New Mexico-born member of Al Qaeda who was killed by a U.S. drone in Yemen last September. "We needed a court order to eavesdrop on him," Hayden notes, "but we didn't need a court order to kill him. Isn't that something?"

Hayden isn't the only one who has qualms about the "targeted killing" program. The chairman of the Senate Intelligence Committee, Sen. Dianne Feinstein (D-Calif.), has been pressing the administration to explain its rules for months.

In a written statement, Feinstein said she thinks Awlaki was "a lawful target" but added that she still thinks the administration should explain its reasoning more openly "to maintain public support of secret operations."

As Hayden puts it: "This program rests on the personal legitimacy of the president, and that's dangerous."

There has been remarkably little public debate about the drone strikes, which have killed at least 1,300 people in Pakistan alone since President Obama came to office. Little debate inside the United States, that is. But overseas, the operations have prompted increasing opposition and could turn into a foreign policy headache.

It's odd that the Obama administration, which came into office promising to be more open and more attentive to civil liberties than the previous one, has been so reluctant to explain its policies in this area. Obama and his aides have refused to answer questions about drone strikes because they are part of a covert program, yet they have repeatedly taken credit for their victories in public. After months of negotiations, Atty. Gen. Eric H. Holder Jr. won approval from the White House to spell out some of the administration's legal thinking in the Awlaki case. But his statement, originally promised for last month, has been delayed by continued internal wrangling.

When it is issued, officials said, the statement is likely to add a few details to the bare-bones rationale the administration has offered in a handful of public statements and court proceedings. The administration has said that strikes against suspected terrorists are justified for two reasons: First, that Al Qaeda is at war with the United States, which makes any participant in Al Qaeda operations an enemy combatant; and second, that anyone directly involved in terrorist plots against Americans poses an "imminent danger" to U.S. security.

Holder may also shed light on an issue that has been less clear: Should a terrorist suspect who is a U.S. citizen get special treatment? Some in the intelligence community argue that the answer is no — that a U.S.-born member of Al Qaeda is no different from an American who joined, say, the German army in World War II. But civil libertarians argue that in a murky war against terrorism, an American such as Awlaki deserves some kind of due process before his name goes on the CIA's "kill list."

In fact, officials say, Awlaki did get more due process than most Al Qaeda suspects on the list. They say the administration made a point of naming Awlaki publicly as an Al Qaeda leader — putting him on notice, in effect — before he was killed. And they say the Justice Department held that Awlaki could be killed only if it was not feasible to capture him. The administration has refused to release that legal opinion, in part because it's not sure it wants those standards to turn into a binding precedent for later cases.

But there are questions that go beyond the legal underpinning for targeted killing. Who puts names on the "kill list," and who reviews them? And is the process rigorous enough to withstand outside scrutiny?

In the case of a U.S. citizen such as Awlaki, Obama makes the final call. Or so said Defense Secretary Leon Panetta, who offered a rare bit of on-the-record clarity in an interview withCBS' "60 Minutes" last week. "In the end, when it comes to going after someone like that, the president of the United States has to sign off," Panetta said.

There's also scrutiny from Congress. "There is no intelligence activity the [Senate] Intelligence Committee follows more closely, or conducts more oversight on, than CIA counter-terrorism operations along the Afghan-Pakistan border," Feinstein said, studiously avoiding the word "drone."

But congressional oversight comes after the fact, and it is divided between Congress' intelligence committees, which review CIA operations, and its armed forces committees, which review military operations.

That's one reason some former officials argue that the administration needs to set up a clearer, more rigorous system of internal review — for its own good. John B. Bellinger III, who served as the State Department's top lawyer during the Bush administration, believes a good solution would be to expand the jurisdiction of the judges who currently authorize wiretaps to cover targeted killing cases as well.

But most intelligence officials hate that idea. "Why on earth would you want to get a judge involved?" asked one. A better solution, he said, would be appointing a special review office made up of seasoned officials who can't be fired, to insulate them from bureaucratic pressure. But that would still invest life-or-death power in a secret corner of the intelligence community, without a clear constitutional foundation.

The biggest problem with this newly invented form of clandestine warfare is that its rules have been made on the fly. The Obama administration, like the Bush administration, has made crucial decisions with little outside review and virtually no public scrutiny.

The administration says it has the authority to kill U.S. citizens who are active in Al Qaeda, but it's never explained how that squares with the Constitution's guarantee of due process. It's past time that it did so.

doyle.mcmanus@latimes.com

Obama turning American into a police state with jobs programs for cops

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Obama to announce Veterans Job Corps

By Steve Vogel, Published: February 2

President Obama will announce details Friday for a $1 billion Veterans Job Corps that the White House says will put up to 20,000 veterans to work over the next five years on projects to preserve and restore national parks and other federal, state and local lands.

Veterans Affairs Secretary Eric K. Shinseki on Thursday described the program as “a bold new effort” to lower the high unemployment rate for post-Sept. 11 military veterans, which stood at 13.1 percent in December. The government estimates that 250,000 post-Sept. 11 veterans are unemployed.

Obama proposed the corps in his State of the Union address last month, describing it as “enlisting our veterans in the work of rebuilding our nation.”

At an appearance Friday at an Arlington County firehouse, Obama is also expected to announce that the budget to be released this month includes $5 billion in funding proposed in the American Jobs Act to spur police and firefighter hiring in 2012.

Preferences for the grants will go to communities that hire post-9/11 veterans.

Obama said in his address last month that his administration will “help our communities hire veterans as cops and firefighters, so that America is as strong as those who defend her.”

The White House also is announcing an expansion of entrepreneur training for service members leaving the military.

The Veterans Job Corps will involve projects such as repairing trails, roads, levees and recreational facilities, according to the White House.

Other work could include providing visitor programs, restoring habitat, protecting cultural resources, eradicating invasive species and cutting brush to reduce the risk of forest fires.

Interior Secretary Ken Salazar said that the Civilian Conservation Corps, established by President Franklin D. Roosevelt during the Depression to put hundreds of thousands of the unemployed to work on projects in government parks and lands, serves as a “very good indicator” of what the administration hopes to accomplish with the Veterans Job Corps.

“When one looks back at the legacy of the Civilian Conservation Corps, we take great comfort that those who take this on will leave a great legacy for the United States,” Salazar said during a conference call with reporters Thursday to discuss the veteran employment initiatives.

Salazar said that the program would “make a significant dent” in the deferred maintenance that has become common at many federal, state, local and tribal lands as government budgets have been cut.

Salazar said the veterans program could serve as a “gateway to permanent positions” with the National Park Service, as many young people who take temporary jobs at national parks or wildlife refuges end up making a career of such work.

“Those veterans who have served will have a place here at the Department of Interior,” he said.

Salazar noted that some of the nation’s first park rangers were from African American cavalry regiments known as Buffalo Soldiers, which patrolled Yosemite and Sequoia national parks to protect wildlife against poachers.

How do you spell revenue? Photo radar bandits!!!!

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Red-light cameras boost coffers, rile drivers

Sunday, February 5, 2012

Lea Suzuki / The Chronicle

California has the most expensive red-light camera tickets in the world - the fine is so steep that one camera in Oakland generates more than $3 million a year - and a Fremont man is launching a protest group to do something about that.

If Roger Jones has his way, that freezing dread that knifes through a driver the moment he sees the overhead flash of a traffic camera will become a thing of the past.

But he's facing quite an uphill fight against officials hungry for the cash the cameras sweep in and police who are convinced they make the roads safer.

Anyone in California snapped violating a red light pays a fine of $480, and according to the traffic-watch site TheNewspaper.com, no other jurisdiction anywhere has a tab that high. The second-highest fine in the United States is $250, and it is usually more like $100.

The Legislature passed two bills in the past two years that would have reduced the fine or limited the cameras' use, but both were vetoed. When he killed the most recent measure, Gov. Jerry Brown said the matter should be left to local jurisdictions.

The state Department of Finance has estimated that red-light cameras bring in more than $80 million annually to the state and $50 million to cities and counties - and that, Jones and his supporters say, is the real reason they continue to snap away at motorists.

Not all $480 from each ticket goes to the cities or counties that authorize the cameras - more than half goes to the state or to the companies that run the devices. And not all tickets result in convictions.

But the haul is still out of proportion to the overall set of offenses, critics say. And so even though the fine for running a red light is the same whether a camera or a live police officer generates it, the cameras draw the fire because they can issue far more tickets than a single cop sitting at an intersection. 'Gotcha'

"Is there a limit to how much 'gotcha government' we have to put up with?" asked Jones, 62, a retired distribution manager who began crusading against red-light cameras after he got a ticket from one in 2009. "Just because you can do it doesn't mean you should."

His newly formed organization, the Red Light Camera Protest Group, picketed at Mowry Avenue and Fremont Boulevard in Fremont on Saturday, waving signs to approving honks from several motorists. It was their first protest, and the two dozen who participated plan more in the coming months - all calling for the elimination of red-light cameras and a reduction in the fine.

"I think we'd all be better off without them," Jones said. "There are better ways to address the problem." Longer yellows

His foremost suggestion is to increase yellow-light durations, giving people more time to stop safely - and to avoid tickets.

After he pushed the city of Fremont in 2010 to tack 0.7 of a second onto the yellow light at Mission Boulevard and Mojave Drive, pushing it to five seconds, the city noted a 62 percent drop in red-light camera tickets there.

Jones and other camera foes also insist that rolling a red light on a right turn, also known as making a "Hollywood stop," is not as dangerous as other violations - even though the vast majority of tickets given by most red-light cameras are for that violation.

One recent study in South San Francisco, cited in the Legislature during a 2010 debate over the issue, found that 98 percent of its tickets at one red-light camera were for rolling right turns.

Few oppose the usefulness of any device, including cameras, for reducing the number of people who blow straight through red lights. But that's not the main issue, camera foes say.

A study last year by Safer Streets L.A., a community group opposed to traffic cameras, found that of the 56,000 annual accidents in Los Angeles, fewer than 100 are caused by rolling right turns. Cops disagree

Law enforcement officers have a sharply different view of the topic.

City of Newark studies found that collisions at the intersections overseen by its five cameras since 2006 dropped by half - from 46 in the four years before the installations to 23 in the four years afterward.

And in Fremont, where Jones lives, police studies concluded that the city's 10 cameras contributed significantly to a 40 percent drop in intersection accidents between 1995 and 2009. The cameras were installed in 2000.

"This is not a big moneymaker for us," said Fremont police Sgt. Mark Riggs, who helps oversee the red-light camera program. The annual take for the city is about $250,000, after all the other parties get their cut, he said.

"It's about safety," Riggs said. "The big thing for us is aiming for a reduction in accidents.

"As far as the price is concerned," he added, "we have nothing to do with that. We are simply about safety."

As for "Hollywood stops" - he insisted they are vehicular dynamite.

"The right turn on a red is a very dangerous move, especially when the driver is looking to the left and the pedestrian is on the right," Riggs said. "We investigate a lot of accidents like that, and they are bad." Lots of bucks

Despite the safety question, the price of the ticket, and the money it drags in, sticks most in the craw of those who hate red-light cameras.

Opponents consider it a form of regressive tax. The $480 tab consists of a base fine of $100, with extra fees tacked on by the Legislature to help pay for maintaining courthouses, jails, courts and emergency services.

Unlike most taxes and fees, it takes only a majority vote of the Legislature to add such charges. Assemblyman Jerry Hill, D-San Mateo, authored a bill that would have cut the ticket in half for rolling a red light, but then-Gov. Arnold Schwarzenegger vetoed it, saying reducing the fine would send the wrong message to drivers about traffic safety.

State Sen. Joe Simitian, D-Palo Alto, took a cut at the issue last year, writing a bill to prohibit use of the camera tickets merely to raise revenue, and to make it easier to fight them in court. That's the bill Brown vetoed in October.

"There are accuracy issues, privacy issues and due process issues with these tickets," Simitian said. "The trouble is that more and more cities depend on this for revenue."

He stops short of saying red-light cameras should be eliminated, saying they do have a safety value. "I just don't think the current system gives the public a fair shake," he said.

Brown's press secretary, Gil Duran, said the veto was not about money.

"Running a red light can cost lives," he said in an e-mail. "The fine is cheap by comparison." Pricey corner

The sums hauled in by some of the red-light cameras in the 14 Bay Area cities that use them are anything but paltry.

The highest, apparently, is in Oakland at the on-ramp to Interstate 980 at 27th Street and Northgate Avenue.

In 2010, the most recent year for which city figures were available, 9,273 tickets were issued there through violation pictures - worth a gross of $4.2 million, based on the 2010 red-light ticket fine of $450. Figures available for much of 2011 put the gross worth at more than $3 million.

Ken Germann, a 65-year-old teacher who lives in Oakland, knew he was in trouble, and probably out a few bucks, the second he saw the dreaded red-light camera light flash at that intersection one day in December. But then he pulled over, watched two other cars get flashed right after him - and he got mad.

He got even madder when he found out how much the ticket fine is.

"I stopped full, and so did the others, and the camera snapped me anyway," he said last week as he stood in line at the Alameda County courthouse to book a trial date, traffic ticket in hand. "These things must just be there to make money." Ticketing the family

Halfway down the block on 27th from the light, Phuong Nguyen works at MP Flowers and sees the camera light flicker all day. She shook her fist in its direction.

"Three members of my family got tickets at that light in the past month while driving to work," she said. "Lot of money for the government, not such a good idea for the rest of us."

Jessica Lubnieski, 27, lives a few blocks north of the light, though, and says she is grateful for it.

"I walk my dog this route all the time, and people go flying through that light when they turn," she said as she strolled by the intersection with Cooper, her mutt. "They so often don't even see us.

"I just have to think that camera makes people more careful."

$480 Current fine for violating a red light in California.

$80 million Paid annually to state.

$50 million Fines paid annually to cities and counties.

$4.2 million Amount generated in 2010 by one camera near the on-ramp to Interstate 980 at 27th Street and Northgate Avenue in Oakland.

Kevin Fagan is a Chronicle staff writer. kfagan@sfchronicle.com.

Arizona high-school referee fingerprinting enacted

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Arizona high-school referee fingerprinting enacted

by D.S. Woodfill - Feb. 6, 2012 12:00 AM

The Republic | azcentral.com

Arizona high-school sports officials will fingerprint thousands of referees and umpires in the wake of a September sex-abuse case.

Arizona Interscholastic Association officials, who oversee most high-school sports in the state, said by July 1 as many as 3,500 contract employees will be fingerprinted and vetted through an FBI criminal database before they're allowed to supervise sporting events with children.

The association already conducts periodic criminal-record checks of its referees and umpires using a third-party vendor. Those checks will continue.

AIA Director Harold Slemmer said the fingerprinting will help the group more effectively weed out sex offenders and protect students.

The move is in reaction to the September arrest of a former softball umpire who authorities said had a history of sex crimes.

Edward Lee Hartley, 67, stands accused of sexually abusing two runaway girls he picked up at a Phoenix bus stop. Authorities, who charged Hartley with 15 counts including kidnapping, molestation and prostitution with a minor, said his record dates back to 1973 and includes six sex-crime violations, including rape.

Maricopa County Attorney's Office spokesman Jerry Cobb said Hartley's attorney and prosecutors are attempting to negotiate a plea bargain.

AIA leaders launched an investigation to find out how they could have unknowingly hired a sex offender and asked school officials to alert them of any suspicions that Hartley had inappropriate contact with their athletes. The investigation showed Hartley was never added to the National Sexual Offender Registry, possibly due to softer government regulations at the time of his crimes. No schools stepped forward to report inappropriate conduct.

"This is a horrible story and one that isn't necessarily related to interscholastic athletics," said Brian Gessner, an AIA basketball referee who supervises high-school games in the Valley. He accused Hartley of acting as a predator, not an umpire.

Hartley also evaded detection during a background check when he applied to work for the Arizona Softball Association.

The AIA also drew fire from State Rep. Jack Harper, R-Surprise, who criticized the group's leaders for failing to discover Hartley's prior crimes. Harper demanded the organization make public a list of games Hartley officiated, which leaders did in November.

Slemmer, the AIA director, said the group based the new backgrounding measure on the process Arizona schools use to check teachers' backgrounds.

"We just kind of adopted that same protocol that public schools use," he said.

Mark Mignella, an attorney who represents the AIA, said the cost of the fingerprinting will be borne by the officials who work for the association.

Mignella said he didn't know the exact costs but said they could range between $20 and $60. Gessner said that is affordable.

Mignella said there are numerous entities that conduct fingerprinting, but generally it would be a local law-enforcement office.

Those fingerprints will be compared with those of convicted criminals on file at the FBI's National Crime Information Center, he said. A sports official will be allowed to supervise games only after law-enforcement officials determine he or she has not committed any crimes.

Slemmer cautioned there's still no "complete guarantee" the AIA will catch every sex predator.

"Even with that (fingerprinting process), there could be somebody that gets in trouble after they give us a fingerprint card," he said.

Rudy Troisi, president and chief executive of Reliable Background Screening in Scottsdale, said coupling the fingerprinting with thorough third-party background checks is the best way to protect students because each method has its unique strengths and weaknesses.

"There is no perfect world. Mistakes happen," Troisi said.

Troisi, whose company provides background checks for sports leagues and school districts but not the AIA, praised the group's decision to buttress its screening process with the fingerprinting.

"That sounds like a reasonable process to protect the kids," he said.

Harper said he was pleased with the AIA's decision to require fingerprinting and said it is the best way to keep student athletes safe from sex offenders.

"I believe that will settle the issue," Harper said.

Michael Fowler, athletic director for the Glendale Union High School District, praised the AIA's decision, saying it will make students safer.

"I applaud them for doing it," he said.

"Safety of our students is of foremost importance."

Fowler said game officials are never left alone with athletes in his district, "but again, it's that extra layer of protection. It just makes really good sense."

Reach the reporter at 602-444-6943.

Probation officers shift focus from punishment to collaboration

If a probation tells their client that they shouldn't rob Circle K's because it is wrong I suspect most criminals can understand that. But if a probation officers tells them smoking a joint is wrong, I don't think anybody that has committed a victimless drug war crime can understand that. Just why is smoking a joint wrong, if it's not hurting anybody?

I was also surprised that Santa Clara county, which is were San Jose is has 160 adult probation officers. I have said it before the "drug war" is a jobs program for cops, judges, prosecutors, public defenders, and in this case probation officers.

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Probation officers shift focus from punishment to collaboration

By Tracey Kaplan

tkaplan@mercurynews.com

Posted: 02/06/2012 12:00:00 AM PST

Twelve Santa Clara County probation officers are standing in a circle, each twirling a rope with a noose at one end. They're pretending to lasso a criminal under their supervision.

Then an instructor tells them to untie the noose and hand one end of the rope to their "client."

"If you're working together," says the instructor to the skeptical officers, "the tension on the rope now is just right."

Hokey as the training exercise appears, it's at the heart of a serious effort under way across California and the rest of the nation to better prepare probationers for life on the outside and make them less likely to become repeat offenders. It all starts with teaching probation officers a less punitive, more collaborative approach to dealing with criminal offenders.

The technique, known as motivational interviewing or MI, is one of several nonconfrontational approaches coming back into vogue with realignment, California's recent overhaul of its criminal justice system. In October, responsibility for imprisoning and rehabilitating nonviolent offenders shifted from the state to counties. With such new responsibilities, local officials are hoping MI and an alphabet soup of other programs -- like CBT (cognitive behavioral therapy) and PCD (positive client development) -- will inspire more criminals not just to go straight, but to stay that way.

"Motivational interviewing is becoming more common than not," said Fresno County Probation Chief Linda Penner, immediate past president of the Chief Probation Officers of California.

The aim is for probation officers to use a counseling style that encourages clients to discuss and self-analyze their problems, their personal reasons to change and what they believe can help them succeed on the outside. That done, it's hoped probationers will learn to make positive decisions, guided by officers who use the sessions to build on their strengths, rather than focus on their weaknesses.

In Santa Clara County, a few adult probation officers got a taste a few years ago of MI, but now all 160 are taking three-day training sessions at a total cost of about $45,000. San Mateo County trained its officers six years ago but is providing more sessions this year. Alameda County probation officers first learned MI in 2009 and are slated to get more lessons. Santa Cruz County has done some training and wants to do more.

After a role-playing exercise at one of those recent training sessions, one Santa Clara County probation officer noted a distinct difference between the mock meeting with a probationer and his usual style.

"It was more of a conversation instead of me as the P.O. doing all the talking, telling them what to do," said the officer, who asked for his name not to be used.

But not everyone is a fan. Some probation officers balk at what they perceive as a touchy-feely approach far removed from the reality they have long experienced.

"Some of these adults are at a place where a few inspirational words might make a difference," said another probation officer at the training session, "but for most, I don't see what MI would do."

Other officers are concerned that the new program comes at a time when they are dealing with more dangerous clients who used to report to parole agents under the old system. They wonder how they can manage their inherently schizophrenic role as both counselor and mentor to the offender while also being a representative of the justice system who has the power to put the person back behind bars.

"Quite honestly, it seems like a double message," one officer said after the training. "I mean they're asking some of us to carry guns and at the same time to try out motivational interviewing?"

The probation department chiefs, who are enthusiastic about MI, are aware of the skepticism.

Santa Cruz County Probation Chief Scott MacDonald said, "We also need to use motivational enhancement on probation officers because this model requires us to engage in culture change."

The culture of probation is coming full circle, from focusing on rehabilitation before the 1970s, to punishment during the 1970s, '80s and '90s, back to a renewed interest in treatment, according to a recent research paper by the Judicial Council of California's scholar in residence, retired Judge Roger K. Warren.

"Back in the 1990s, I remember being told that I should clear everything off my desk and leave just handcuffs to show clients we're here to contain you and stop you," said Kevin Lynch, Marin County's director of juvenile probation, who is a proponent of MI.

Researchers have found MI extremely effective in the treatment of addiction. Scant research has been completed on its role in the criminal justice system, said MI's creator, clinical psychologist William R. Miller, though corrections agencies around the nation so far are reporting positive results. The chiefs don't see MI as a panacea, just as a helpful tool.

"Imagine going home to a loved one and spending a half-hour telling them what is wrong with him, and then a half-hour telling them what they need to do about it," said MacDonald, Santa Cruz County's probation chief. "How would your evening go? The fact is no one likes to be told what to do, and that method does not promote change."

Contact Tracey Kaplan at 408-278-3482. Follow her at Twitter.com/merccourts.

Georgia court overturns assisted suicide restrictions

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U.S. court overturns assisted suicide restrictions

Feb. 6, 2012 07:31 AM

Associated Press

ATLANTA — Georgia’s top court on Monday struck down a state law designed to discourage assisted suicides after four members of a group that helped a cancer-stricken man die said the law also violated free speech rights.

The Georgia Supreme Court’s unanimous ruling concludes the 1994 state law “restricts speech in violation of the free speech clauses” of the U.S. and Georgia constitutions. The ruling could help reshape the state’s end-of-life policy.

The court’s opinion held that Georgia only criminalized assisted suicides that include a public offering to assist. It said the law didn’t expressly prohibit assisted suicides, meaning some were legal in Georgia.

“The State has failed to provide any explanation or evidence as to why a public advertisement or offer to assist in an otherwise legal activity is sufficiently problematic to justify an intrusion on protected speech rights,” the ruling said.

The court’s decision is a victory to members of the Final Exit Network who challenged the law after they were charged in February 2009 with helping a 58-year-old cancer-stricken man die.

Their attorneys said the law violates First Amendment rights because it bans people from publicly speaking about assisted suicide. Prosecutors said the law applies only to those who follow through on their talk by helping someone die.

At issue is a 1994 Georgia law that makes it a felony for anyone who “publicly advertises, offers or holds himself or herself out as offering that he or she will intentionally and actively assist another person in the commission of suicide and commits any overt act to further that purpose.”

State attorneys said the law was aimed at preventing assisted suicides from the likes of Dr. Jack Kevorkian, the late physician who sparked the national right-to-die debate.

Prosecutors had said the law doesn’t infringe on the free speech rights of people who support assisted suicide — only those who take concrete steps to carry one out. They said Georgia law doesn’t even ban assisted suicide as long as it’s not being publicly advertised.

Defense attorneys countered that lawmakers should have adopted a law specifically outlawing assisted suicide if the government was interested in preventing it. They said the law punishes only those involved in assisted suicides if they speak publicly about it but does nothing to block one from being carried out by others who stay silent.

The four members of the Final Exit Network were arrested in February 2009 after John Celmer’s death at his Georgia home. They were arrested after an eight-month investigation by state authorities, in which an undercover agent posing as someone seeking to commit suicide infiltrated the group.

The four pleaded not guilty to charges that they tampered with evidence, violated anti-racketeering laws and helped the man kill himself, and their case has been on hold while the Georgia Supreme Court considered their challenge.

Monday’s ruling could help determine the future of the criminal case against the four, which has been on hold.

Cop crashes into woman's car and frames her for DUI

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Charges Dropped Against Woman Framed by Cops

Police seen plotting to blame car accident on woman they hit

By Todd Wright

Wednesday, Jul 29, 2009

Alexandra Torrensvilas was the unfortunate scapegoat of four cops looking to get out of blame in an accident.

Alexandra Torrensvilas was the target of cops who pinned a DUI on her for an accident they caused. Now she has been cleared of charges after the Broward State Attorney's Office officially dropped the four DUI citations on Wednesday.

But the saga is far from over as now prosecutors turn their attention to the four Hollywood police officers who made up an intricate story to cover for a February traffic accident involving a cop car. The scheme was caught on one of the officers dashboard cameras.

The disturbing video shows Alexandra Torrensvilas, 23, handcuffed in the back of the squad car as the officers get their stories straight on what they are going to say happened.

Officer Joel Francisco, 36, an 11-year veteran, crashed into the back of Torrensvilas' vehicle at a light on February 17 at midnight. The cop radioed to other officers who converged on the scene and hatched a way to bail Francisco out.

Officer Dewey Pressley, 42, arrives and questions Torrensvilas, who tells him that she has been drinking. The 21-year veteran officer seizes the opportunity and arrests her for DUI. But the plot thickens from there.

The cops begin to brainstorm believable excuses for the accident.

"As far as I'm concerned. I'm going to put words in his mouth. She went to accelerate and a cat jumped out of the window at which point he thought it could have been a pedestrian, which distracted him," Pressley tells Sgt. Andrew Diaz, another veteran of the force. "I mean what's the chances of hitting a f---in drunk when a cat jumps out of the window?"

Still, the cops run with the half-baked idea and rush to get Torrensvilas to do a Breathalyzer test so they can officially say she was drunk.

"I nailed her on the video. I already hung her on video. She said she has been doing a beer party," Pressley says. "She's gonna blow."

Then, another cop debates with Pressley on who is going to write up the fabricated report to clear their police comrade.

"I know how I'm going to word this with the cat so we can get him off the hook. I'll write the narrative," Pressley says. "We're going to bend this a little bit."

Civilian Community Service Officer Karim Thomas joins the three senior officers and the four cops go so far as to change the angle of pictures of the accident to make it look like Torrensvilas swerved in front of the cop car and caused the accident, not Francisco.

Throughout the tape, the cops acknowledged what they are doing is illegal, but when you are the law, there is nothing wrong with bending it for a fellow cop, one says.

"I don't lie and make things up ever because it's wrong, but if I need to bend it a little bit to protect a cop, I'll do it," Pressley tells Francisco after reassuring him no one will ever find out. "She's freaking hammered anyway."

The cops even do a final rehearsal before Villa is taken to the city lock up.

"We'll take care of it," one officer says. The others reply: "We're good."

The police officers are currently on administrative duty pending a state attorney's office investigation.

Source

Victim of alleged Hollywood police cover-up talks on Today show

By Alexia Campbell South Florida Sun Sentinel

11:06 a.m. EDT, August 3, 2009

HOLLYWOOD— The victim of an alleged Hollywood police cover-up appeared on national television this morning with her lawyer, revealing their plans to sue Hollywood police and recounting how the incident has affected her.

Alexandra Torrens-Vilas said on the NBC Today show that the case has delayed her education, burdened her finances and wasted her time.

"But more than that...my reputation," Torrens-Vilas told Matt Lauer. "You can't buy that back."

Lauer asked Torrens-Vilas, of Hollywood, about her reaction to the police dashboard video that surfaced last week. The camera had recorded an officer talking about faking a police report to get another officer off the hook for rear-ending her car.

"It confirmed everything that I thought," Torrens-Vilas said. "I knew that's not what happened that night."

Torrens-Vilas, 23, was charged with four counts of drunken driving and cited for improper lane change. Last week, those charges were dropped.

Torrens-Vilas admitted to Lauer that she told police she had been drinking. But she disputes the Breathalyzer results that put her at twice the legal alcohol limit.

Plans to return to Georgetown University in the fall were put off because of the case, Torrens-Vilas said.

She would have faced up to three years in prison if convicted on all four counts of drunken driving.

One of Torrens-Vilas' lawyers, Mark Gold, told Lauer they were looking to file a lawsuit.

"It's a federal offense...a violation of her constitutional rights."

Police spokesman Lt. Scott Pardon said he had no comment about the interview.

Despite the scandal, Torrens-Vilas said she still has the "utmost respect" for cops.

"Just cause you have a couple bad apples doesn't mean the whole orchard is rotten."

Alexia Campbell can be reached at apcampbell@SunSentinel.com or 954-356-4513

Source

TAMPA DUI BLOG: Florida Cops Caught On Tape Framing A Woman For DUI After They Rear End Her Car

Posted on July 30, 2009 by fhlawyers-3

The cameras mounted to police cars are supposed to help catch and prosecute the bad guys this time the camera caught the cops. Four Hollywood, Florida police officers are accused of faking an arrest report to cover up a traffic accident after a video camera recorded the four officers scheming to doctor a crash report and accuse an innocent woman of DUI.

Apparently Officer Joel Francisco rear ended a woman’s car and without knowing his dashboard camera was on he and three other officers conspired to create a fake crash report to cover up the accident. The original report said a cat sitting on the driver’s lap was the cause of the accident and the woman was arrested on charges of drunk driving. The state attorney’s office has now dropped those charges and the four officers are under investigation.

If you have been charged with a DUI in Tampa or Hillsborough County, please do not hesitate to contact David Haenel at 1-800-FIGHT-IT or online at fightyourtampadui.com to discuss the matter.

Also you can contact David via email or by stopping in our new Tampa office located at 3426 W. Kennedy Blvd.

Maryland cop's lies about DUI arrest exposed by surveillance video

May 9, 2009 @ 1:56AM

Maryland cop's lies about DUI arrest exposed by surveillance video

By Carlos Miller -...

Montgomery County Police Officer Dina Hoffman swore up and down that the man she had arrested for DUI was passed out in the driver’s seat of a running vehicle in a store parking lot in Gaithersburg last year.

In fact, she testified 11 times that she had to shake George Zaliev awake and even then, he was not cooperative in the field sobriety tests.

Then she was shown a video tape from a store surveillance camera that contradicted her testimony.

It showed that Zaliev was actually laying in the back seat of the car with the back passenger door open and his legs sticking out. It was his friend’s car whom he was waiting to get off work for a ride home.

Although he was drunk with a blood-alcohol content level of .15, nearly twice the legal limit of .08, he was not breaking the law.

By lying in the back seat of the car, Zaliev did nothing illegal and should not have been arrested, Mack said. Case law is clear that people in the back seat of a parked vehicle are not driving under the influence.

In her testimony at the April 2 trial, Hoffman claimed she arrived and approached Zaliev on the left side of the car where he sat behind the wheel asleep. She described shaking his shoulder to wake him.

“He was just sitting in the front seat, kind of sitting there sleeping,” Hoffman testified.

At several points Mack asked the officer if she was certain Zaliev was in the front and not the back.

“Do you recall him being in the back seat on the passenger side?” Mack asked on cross examination.

“No, not when I first got there, no,” Hoffman replied.

“Are you absolutely sure?” Mack asked again.

“Yes,” Hoffman testified. “I did have him sit there while I waited for another officer to come.”

After the recording was played in the courtroom, Hoffman was asked whether she was wrong about Zaliev’s position in the car.

“Yeah, I must have been,” Hoffman testified. “My apologies. It’s been over a year. I deal with a lot of these cases every day so my apologies.”

Source

Police officer faces perjury investigation

Videotape from camera proves DUI arrest invalid, man was in back seat of parked car

by C. Benjamin Ford | Staff Writer

A Montgomery County Police officer faces a perjury investigation after she testified in April that she found a man arrested for driving under the influence behind the wheel of a parked car. A recording from a security camera showed he was in the back seat, lying down, with his feet out the open passenger side door when she approached him.

"We are aware of the allegation and will be conducting an investigation," Montgomery County Police spokeswoman Lucille Baur said Wednesday.

The Montgomery County State's Attorney's Office referred the case to the Howard County State's Attorney's Office because county prosecutors might be questioned, said Seth Zucker, a spokesman for the Montgomery County State's Attorney's Office.

George Zaliev, 56, of Rockville, was arrested about 7:30 p.m. May 3, 2008, for DUI at the parking lot of Sarkissian Interiors at 8537 Atlas Drive in Gaithersburg. A preliminary breath test showed a blood alcohol content of 0.15, nearly twice the legal limit.

At his Montgomery County District Court trial, Officer II Dina Hoffman testified 11 times that she found Zaliev in the front driver's seat. She said shook him awake and he was not cooperative in doing field sobriety tests.

Zaliev's attorney, Paul E. Mack of Columbia, used a laptop computer to show a video from a security camera at Sarkissian that recorded the arrest.

The security tape, reviewed by The Gazette, shows Hoffman arrived and immediately walked up to Zaliev lying in the back seat.

A message left for Hoffman was not returned immediately. A three-year veteran, she continues to work while the allegation is investigated.

After Judge Dennis A. McHugh viewed the tape, he ruled the arrest lacked probable cause. The judge found Zaliev not guilty.

"I've done enough of these that I know without the video, it would have been my client's word against the officer's, and I probably wouldn't have won," Mack said in an interview.

Mack came forward after receiving a transcript of the trial.

By lying in the back seat of the car, Zaliev did nothing illegal and should not have been arrested, Mack said. Case law is clear that people in the back seat of a parked vehicle are not driving under the influence.

Zaliev, an upholsterer, was waiting in his friend's car for his friend to get off work and drive him home, Mack said.

In her testimony at the April 2 trial, Hoffman claimed she arrived and approached Zaliev on the left side of the car where he sat behind the wheel asleep. She described shaking his shoulder to wake him.

"He was just sitting in the front seat, kind of sitting there sleeping," Hoffman testified.

At several points Mack asked the officer if she was certain Zaliev was in the front and not the back.

"Do you recall him being in the back seat on the passenger side?" Mack asked on cross examination.

"No, not when I first got there, no," Hoffman replied.

"Are you absolutely sure?" Mack asked again.

"Yes," Hoffman testified. "I did have him sit there while I waited for another officer to come."

After the recording was played in the courtroom, Hoffman was asked whether she was wrong about Zaliev's position in the car.

"Yeah, I must have been," Hoffman testified. "My apologies. It's been over a year. I deal with a lot of these cases every day so my apologies."

But Hoffman then said Zaliev "must've admitted to me that he was driving the vehicle at some point."

On further questioning, Hoffman testified she had not told that to either the prosecutors or to Mack before.

"You were wrong about him giving you his license while he was in the front seat?" Mack asked.

"Yes," she said. "He gave me his license, but I guess he was in the back seat."

If Zaliev had been convicted, he would have faced a maximum sentence of $1,000 fine and a year in jail.

"If it was determined there's perjury in this case, this is the kind of case that would undermine the authority of police and the perception of good officers out there doing their job," said Christopher Heffernan, chairman of the Maryland State Bar Association's litigation committee. "This would damage the police officers who are doing a good job out there to protect us. This is disturbing to everyone who looks up to the police and relies on them to protect us from the bad guys."

Although allegations of perjury are not uncommon, it is very rare that such cases are ever brought to trial, and Heffernan said he could not remember any that involved police officers.

Mack said he sent a copy of the transcript to Montgomery County State's Attorney John McCarthy and County Police Chief J. Thomas Manger.

Source

Jurors to decide officer's perjury charge

Thursday - 6/10/2010, 7:00am ET

Neal Augenstein, wtop.com

ROCKVILLE, Md. - A jury on Thursday is expected to start deliberating the guilt or innocence of a Montgomery County Police officer on trial for perjury.

Closing arguments are scheduled for Thursday morning in the trial of Officer Dina Hoffman.

On Wednesday, Officer Dina Hoffman told jurors she felt horrible when she saw surveillance video, which contradicted much of her testimony in a 2008 driving under the influence case.

Hoffman said she did not come into court that day intending to lie. But the trial was a year after George Zaliev was arrested for DUI, and Hoffman said she based her testimony on a report written by another officer.

Hoffman said she thought she was telling the truth at the time, and did not intend to lie.

In cross-examination, prosecutors asked Hoffman why she didn't answer, "I don't recall," if she had a foggy memory.

Hoffman admitted she has a greater interest in the outcome of her perjury trial than she did in the 2008 DUI case.

She was indicted after several pieces of her testimony in Zaliev's DUI case were contradicted by surveillance video the officer didn't know existed.

Jurors in Hoffman's trial have seen and heard what happened May 3, 2008. A caller to 911 described seeing a man passed out in the back seat of a black Lexus in a Gaithersburg parking lot.

The first officer on the scene was Hoffman, who - at the time - had been on the county police force for three years.

Jurors in her perjury trial heard an audio recording of Zaliev's 2009 District Court trial.

In that trial, Hoffman testified when she arrived, Zaliev was behind the wheel, with the engine running, reeking of alcohol.

Even though Hoffman was first on the scene, another officer completed the arrest report because he had run Zaliev through field sobriety tests.

Hoffman's testimony was called into question when Zaliev's attorney introduced security video footage from outside his employer's upholstery business. Zaliev was seen in the back seat, with his legs hanging out of the car.

In 2009, when confronted by the video, Hoffman acknowledged her testimony was wrong. She quickly and repeatedly apologized from the stand, saying it had been a year since the arrest and she'd been involved in many traffic cases in the interim.

Zaliev was found not guilty.

Hoffman was indicted for perjury and misconduct in office. Howard County prosecutors, who are trying the case because Montgomery County prosecutors are witnesses, dropped the misconduct charge earlier this week before jury selection.

Prosecutors have said Hoffman lied on the stand. Her lawyers have maintained she was guilty of a faulty memory, but not a crime.

Closing arguments begin Friday morning. The case will then go to the jury.

Hoffman remains on administrative leave, according to the department. If convicted, she could face up to 10 years in prison.

WTOP's Neal Augenstein has been tweeting throughout the case. Follow him on Twitter.

Source

Officer to Testify in Her Own Perjury Case

June 09, 2010

ROCKVILLE, MD – A Montgomery County police officer on trial for perjury could explain Wednesday whether the errors she made during testimony in a 2008 drunken driving case were the result of a faulty, faded memory or a deliberate lie.

Officer Dina Hoffman is expected to take the stand Wednesday in her own defense. Hoffman was indicted after several pieces of her testimony in the DUI case of a Georgian immigrant were contradicted by surveillance video the officer didn’t know existed.

Jurors in Hoffman’s trial have seen and heard what happened May 3, 2008. A caller to 911 described seeing a man passed out in the back seat of a black Lexus in a Gaithersburg parking lot.

That man was George Zaliev, who was arrested for driving under the influence. The first officer on the scene was Hoffman, who at the time had been on the county police force for three years.

Jurors in her perjury trial heard an audio recording of Zaliev’s 2008 District Court trial.

In that trial, Hoffman testified when she arrived Zaliev was behind the wheel, with the engine running, reeking of alcohol.

Even though Hoffman was first on the scene, another officer completed the arrest report because he had run Zaliev through field sobriety tests.

Hoffman’s testimony was called into question when Zaliev’s attorney introduced security video footage from outside his employer’s upholstery business, Zaliev was seen in the back seat, with his legs hanging out of the car.

In 2008, when confronted by the video, Hoffman acknowleged her testimony was wrong. She quickly and repeatedly apologized from the stand, saying it had been a year since the arrest and she’d been involved in many traffic cases in the interim.

Zaliev was found not guilty.

Hoffman was indicted for perjury and misconduct in office. Howard County prosecutors, who are trying the case because Montgomery County prosecutors are witnesses, dropped the misconduct charge earlier this week before jury selection.

In opening statements, prosecutors said Hoffman lied on the stand. Her lawyers said she was guilty of a faulty memory, but not a crime.

Hoffman remains on administrative leave, according to the department. If convicted, she could face up to 10 years behind bars.

Murder Trial Begins for Fmr. LAPD Detective Stephanie Lazarus

Murder Trial Begins for Fmr. LAPD Detective Stephanie Lazarus

5:40 a.m. PST, February 6, 2012

LOS ANGELES (KTLA) -- Opening statements are set to begin Monday in the murder trial of a former Los Angeles police detective accused of killing her ex-boyfriend's wife.

51-year-old Stephanie Lazarus is charged in the 1986 murder of Sherri Rasmussen.

She has pleaded not guilty and is being held on $10 million bail. She faces a possible life sentence.

Rasmussen, a 29-year-old hospital nursing director, was shot to death and brutally beaten in the Van Nuys condo she shared with her husband of a few months, John Ruetten.

Ruetten, who was Lazarus' ex-boyfriend, returned home from work on Feb. 24, 1986 to find Rasmussen dead in the living room.

Investigators say the 29-year-old had been shot three times with a .38-caliber gun, bitten and badly beaten.

Rasmussen's BMW was stolen, and some electronic equipment was found stacked at the foot of the stairs.

That initially led detectives to theorize that burglars had killed Rasmussen when she found them inside the home.

Lazarus was actually mentioned in the original case file because of her involvement with the victim's husband.

She had reportedly threatened Rasmussen at the hospital where she worked and at her home.

However, Lazarus was not pursued as a suspect at the time because investigators believed Rasmussen was killed by the same men who came close to killing another woman two months later in a botched burglary three blocks from her home.

No suspects were found and the case went cold for years.

The path that led detectives to suspect Lazarus began when DNA testing, which came into use in the years after the slaying, was done on the saliva sample collected from the bite mark.

The tests showed it had come from a woman, invalidating the initial theory that two male burglars had killed her.

Homicide detectives reopened the case in 2009 and started the investigation from scratch.

They re-interviewed Ruetten as well as Rasmussen's parents, and suspicion fell on Lazarus.

A secretive, months-long investigation ensued, which came to a head when an undercover officer following Lazarus retrieved a cup from which she had been drinking after she threw it away.

Prosecutors say DNA tests on saliva found on the cup matched the saliva from the bite mark on Rasmussen.

In June 2009, fellow detectives asked Lazarus to leave her gun behind and accompany them to a jail interrogation room to investigate an art theft suspect -- her specialty.

Once inside, detectives said they had actually brought her there to talk about the 1986 killing of Sherri Rasmussen.

In video from the interview, Lazarus appears dumbfounded, asking, "You're accusing me of this? Is that what you're, is that what you're saying?"

"Am I on 'Candid Camera' or something? This is insane," she said, according to a transcript obtained by the Los Angeles Times. "This is absolutely crazy. This is insane."

Lazarus, a 26-year veteran of the force, admitted to confronting the victim on several occasions but denied having a role in the murder, according to the transcripts.

During the videotaped interrogation, detectives told Lazarus she could leave if she wanted to, but when she walked out, she was intercepted by other detectives who were waiting and arrested her.

During her preliminary hearing, friends and colleagues said Lazarus was desperately in love with John Ruetten, whom she dated for several years before he married Rasmussen.

The acquaintances say Lazarus was deeply upset when Ruetten broke up with her and got engaged.

Lazarus wrote in a journal that she was shattered by his engagement.

"This is very bad. My concentration is negative-10," Lazarus wrote in 1985, when she learned that Ruetten was going to wed, according to testimony.

Lazarus later wrote that she asked for time off work because she "was too stressed out about John," according to a journal entry read in court.

Former LAPD Sgt. Mike Hargreaves, Lazarus' former roommate, testified saying Lazarus woke him up "crying" in the fall of 1985 because Reutten had just broken up with her.

Hargreaves testified that Lazarus had earlier told him Reutten was "her idea of a perfect guy."

Prosecutors say the saliva, along with broken fingernails collected at the scene, will play a prominent role in the case.

Additionally, police say Lazarus reported her personal .38-caliber revolver stolen from her car in Santa Monica shortly after the fatal shooting.

Lazarus stated that her pistol -- which was the same caliber as the one used to kill Rasmussen -- was stolen out of her car while it was parked in Second Street.

The gun was never found.

Lazarus worked patrol duty in the San Fernando Valley when she joined the force.

She was later promoted to detective and since 2006 had worked in a unit that tracks stolen art, according to police records.

Ex-ICE agent pleads guilty in leaked-documents case

Source

Ex-ICE agent pleads guilty in leaked-documents case

by Daniel González - Feb. 6, 2012 03:40 PM

The Arizona Republic | azcentral.com

A former Immigration and Customs Enforcement agent has admitted in federal court that she illegally leaked classified documents and other sensitive information to relatives involved with drug trafficking organizations in Mexico.

Jovana Deas, 33, of Rio Rico, a former special agent with ICE investigations in Nogales, pleaded guilty on Wednesday to a 21-count indictment accusing her of illegally obtaining and disseminating government documents classified for official use only, the U.S. Attorney's Office in Arizona said Monday in a news release.

Deas admitted that she illegally accessed, stole and transferred sensitive U.S. documents to unauthorized people, the U.S. Attorney's Office said.

Law enforcement officials in Brazil discovered some of the information Deas unlawfully accessed on a laptop computer belonging to her former brother in-law, prosecutors said.

Deas's brother-in-law, who was not named in the news release, is associated with a drug-trafficking organization in Mexico, prosecutors said. The Mexican drug trafficking organization has ties to drug traffickers in Brazil, prosecutors said.

The indictment also accuses Deas' sister, Dana Maria Samaniego Montes, 40, of Agua Prieta, Sonora, of being involved in the scheme. Samaniego Montes, a former Mexican law enforcement official, is a fugitive whom U.S. authorities believe is hiding in Mexico, prosecutors said.

The U.S. Attorney's Office said Samaniego Montes allegedly has ties to drug trafficking organizations in Mexico.

Deas pleaded guilty to a total of seven felonies and 14 misdemeanors, the office said. She is scheduled to be sentenced on April 11. She faces up to five years in prison for each felony and up to one year for each misdemeanor, prosecutors said.

Being drunk in public is legal?

Arizona law prohibits arrests for being drunk in public?

I think it is silly to arrest people for being drunk in public. Just because a person is drunk doesn't make them a criminal.

On the other hand the article says that if drunks are being jerks they can still be arrested for disorderly conduct. And of course when a drunk is being a jerk that is the problem, not the fact that the person is drunk.

Source

Ruling on public drunkenness draws fire

Scottsdale judge says state law prohibits arrests

by Beth Duckett - Feb. 6, 2012 09:22 PM

The Republic | azcentral.com

A recent court ruling barring Scottsdale police from arresting rowdy drunk people in public has drawn a spotlight on a decades-old Arizona law that says cities and towns cannot enforce their own drunken-behavior laws.

The Dec. 20 ruling from Scottsdale City Judge James Blake has prompted residents, police officials and lawmakers to explore ways to counteract the ruling, which could open the door for local governments to adopt and enforce their own laws on public drunkenness.

Blake ruled that Scottsdale's code governing drunkenness is in violation of a state law that took effect in 1974, barring counties and municipalities from adopting or enforcing local laws related to intoxication.

Scottsdale is appealing the ruling. For now, police officers can no longer arrest or cite people heavily under the influence of alcohol in public when they pose a danger to themselves or others.

Municipal concerns

Ken Strobeck, executive director of the League of Arizona Cities and Towns, said local enforcement of drunkenness has been on the radar of several Arizona communities, particularly Winslow, Holbrook and Page, which are concerned about inebriated people on their streets.

Sen. Sylvia Allen, R-Snowflake, sponsored a bill this session that would have addressed some of the concerns.

Allen decided to hold off on a Senate committee vote on the bill after opponents brought up concerns.

Senate Bill 1082 proposes to, among other things, allow cities and counties to regulate drive-through liquor sales and the sales of beer in containers that are 40 ounces or larger.

"I'm still working on the bill -- it isn't dead," said Allen, who called it "wrong" not to allow communities to "solve particular local problems."

In 2011, Allen sponsored Senate Bill 1177 that would have allowed municipalities to adopt and enforce their own intoxication laws. Senate leadership never scheduled it for a vote of the full Senate.

According to the Scottsdale city attorney, the ruling does not reverse prior convictions for public intoxication.

In a city known for its booming nightlife, neighbors and business owners are concerned that the ruling makes it harder for law enforcement to crack down on overly drunk revelers in the city's downtown-entertainment district.

The district, east of Scottsdale Road and south of Camelback Road, is heavily populated with nightclubs and bars, drawing revelers from across the Valley and from out of town.

"It would be a giant step backwards for our public-safety programs," said Bill Crawford, a downtown resident and business owner who is president of the Association to Preserve Downtown Scottsdale's Quality of Life.

Phoenix's outlook

Phoenix spokeswoman Toni Maccarone said the city has a drunk-and-disorderly ordinance, which makes it a misdemeanor to be in a public place, street, alley or sidewalk in a drunk or disorderly condition.

City officials were not immediately available to comment on the state law's effects on Phoenix's ordinance.

Scottsdale's code on public drunkenness has been a "huge tool, especially in the downtown area," said Jim Hill, president of the Police Officers of Scottsdale Association.

Sgt. Mark Clark, a Scottsdale police spokesman, said officers will not ignore people who are inebriated and pose a danger to themselves or others. Because disorderly-conduct and other laws still apply, officers can cite and arrest drunks if they are a nuisance, he noted.

"We're still concerned about the intoxicated people in the neighborhood," Clark said. "We'll still respond."

Republic reporter Ofelia Madrid contributed to this article.

Regarding U.S. drones

Regarding U.S. drones

February 7, 2012

When the London-based Bureau of Investigative Journalism released a report Sunday claiming that U.S. drone strikes have killed dozens of civilian rescuers and mourners in Pakistan, the American media scarcely noticed. Similarly, while other countries hotly debate America's covert program of targeted assassination, its legality has never been considered by a U.S. court and is seldom discussed by Congress, which has ceded extraordinary authority over the drone program to the president and the CIA.

That silence could well come back to haunt this country.

The Bureau of Investigative Journalism's findings are worth a look — not because they're an ironclad assertion of facts on the ground in Pakistan's tribal areas, where solid information is hard to come by, but because of the questions they raise about the drone program. The three-month investigation turned up evidence that at least 50 civilians were killed when they tried to rescue people injured in a drone attack, only to be hit with another round of missiles. If this is true, it's a tactic that seems borrowed from the playbook of Islamist terrorists, who have been known to set off bombs in crowded areas, wait for rescuers to arrive and then explode more bombs to maximize the carnage.

Eyewitness accounts in such places as the tribal areas must be regarded with great skepticism; playing up alleged U.S. atrocities is a common recruiting strategy for terrorist groups. But claims of secondary drone strikes are so frequent that they call for further investigation. Meanwhile, Washington Post reporter Joby Warrick, in his recent book, "The Triple Agent," describes a 2009 drone attack at the funeral of a Taliban operative that was aimed at a senior commander; he escaped, but dozens of civilians, including children, were reportedly killed in the strike. Are funerals appropriate targets, even when they provide an opportunity to lure dangerous terrorists out of hiding?

That's the kind of question we'd like to hear asked more often, by Congress and the courts. The drone program is so secretive that until last week it was not officially acknowledged to exist; President Obama changed that in an online appearance in which he insisted that drone attacks "have not caused a huge number of civilian casualties."

Such assurances, even when they come from the president, aren't enough. Other countries have developed drone technology, and if they follow U.S. precedent, they could start targeting their own enemies across any border they like, including our own. It is past time for U.S. courts and the United Nations to explore the legal issues involved in targeted assassination and set rules that take into account advances in technology.

Cops don't want to track Taser usage

Davis' bill faces opposition from the Illinois Association of Chiefs of Police. The measure would force an "unfunded mandate" on local police departments

Source

State legislation calls for requiring police to track Taser use

By Dan Hinkel, Chicago Tribune reporter

February 7, 2012

Spurred by a Tribune report documenting an explosion in Taser use by police, a state legislator from Chicago is pushing a bill that would force local police departments to inform the state of every shock an officer delivers to a civilian.

The proposed law would compel officers to report details of any use of a Taser or other electroshock weapon, including information about the incident that led to the weapon's deployment and whether the subject was armed, aggressive or intoxicated. Officers would also be asked to report the race of each person shocked by one of the devices.

The bill is based in part on legislation that took effect in 2004 and called on officers to report the race of each driver pulled over, said state Rep. Monique Davis, D-Chicago, sponsor of the Taser bill. If officers know they will have to report the details of each use, Davis said, they might think more carefully before pulling the weapon.

"Some officers, it appears, are thinking, 'Oh, I have it. I might as well use it,'" she said.

Davis filed the legislation after the publication last month of a Tribune story that showed a group of suburban departments were on pace late last year to use Tasers roughly twice as often as in 2008.

In Chicago, where Taser use mushroomed after hundreds more officers were armed with the weapons, police logged 853 uses in 2011, a fivefold increase over 2008, according to figures compiled by the Independent Police Review Authority.

Davis' bill faces opposition from the Illinois Association of Chiefs of Police. The measure would force an "unfunded mandate" on local police departments, many of which don't have the money for software or computer systems that might be necessary for the tracking effort, said Laimutis Nargelenas, a lobbyist for the organization.

Asked if the bill would burden the departments, Davis said officers shouldn't be using electroshock weapons so frequently that reporting becomes a major distraction.

State Sen. John Millner, R-Carol Stream, a former Elmhurst police chief, said he could support a bill mandating internal departmental reporting on uses of force. But officers in different jurisdictions face radically different policing challenges, and it wouldn't be fair to lump them together in a statewide report on use of force, he said.

Davis said she expects the bill to be the subject of a hearing next week.

dhinkel@tribune.com

Cops murder man for flushing pot down a toilet???

The problem is the immoral and unconstitutional "drug war".

Source

A Raucous Protest Against a Police Killing

By TIM STELLOH

Published: February 6, 2012

It was a dramatic conclusion to a day of protest: Leona Virgo, whose younger brother was shot to death by a police officer in the bathroom of their family’s home on Thursday, was hoisted above a sea of supporters outside the 47th Precinct station house in the Bronx on Monday night.

As the crowd condemned a dozen officers positioned outside the station — comparing them to members of the Ku Klux Klan, for instance — Ms. Virgo remembered her brother, Ramarley Graham, for the crowd.

“I never wanted him to go out like this,” said Ms. Virgo, 22, tearing up. “He was only 18 years old.”

But, she added: “This is not just about Ramarley. This is about all young black men.”

That theme was echoed throughout the afternoon, as hundreds gathered outside the family’s home on East 229th Street for what was, at times, a chaotic condemnation of police violence and the killing of Mr. Graham, who was unarmed.

The authorities are investigating the shooting, which happened after narcotics officers followed Mr. Graham into the apartment thinking that he was armed, the police said. An officer confronted Mr. Graham, who was in the bathroom, possibly trying to flush marijuana down the toilet, the authorities said. Moments later, the officer fired a shot, killing him.

On Monday, a makeshift memorial of candles and flowers outside the family’s home, a second-floor apartment in a three-story building, included more than half a dozen posters scrawled with anti-Police Department slogans.

“Blood is on your shoulders NYPD Killer!!” one poster read.

Juanita Young, 57, came to support Mr. Graham’s mother. Her son, Malcolm Ferguson, 23, was shot to death by the police in the South Bronx on March 1, 2000, for reasons still unclear to her. She received $4.4 million in 2007 after the city settled a wrongful-death suit, she said. “I know this mother’s pain,” Ms. Young said. “The pain we walk — can’t nothing touch that pain.”

Some feared that their children might be next; others wanted vengeance. “I don’t want justice,” said Arlene Brooks, 49. “I want revenge.”

Despite that tension, there did not appear to be any violence, and the crowd occasionally broke into song. About 6 p.m., Mr. Graham’s father, Franclot Graham, addressed the group, telling supporters to remember to celebrate his son’s life.

The raucous gathering was then led to the station house by Mr. Graham; his son’s mother, Constance Malcolm; and his son’s grandmother Patricia Hartley. Afterward, children riding bicycles down the street could be heard chanting one of the protest’s mantras: “NYPD-KKK.”

Drones may soon fly alongside airplanes

Source

Drones may soon fly alongside airplanes

Approved bill would give FAA 3 years to act

by Bart Jansen - Feb. 6, 2012 10:33 PM

USA Today

WASHINGTON - Within a few years, that flying object overhead might not be a bird or a plane, but an unmanned drone.

Drones, perhaps best known for their role in combat missions in Afghanistan and Pakistan, are increasingly looking to share room in U.S. skies with passenger planes. And that's prompting safety concerns.

Right now, remote-controlled drones are mostly used in the U.S. by the military and the federal Customs and Border Protection in restricted airspace.

But everyone from police forces searching for missing people to academic researchers counting seals on the polar ice cap is eager to launch drones weighing a few pounds to some the size of a jetliner in the same airspace as planes.

On Monday, the Senate sent President Barack Obama legislation that requires the Federal Aviation Administration to devise ways for that to happen safely in three years.

"It's about coming up with a plan where everybody can get along," said Doug Marshall, a New Mexico State University professor helping develop regulations and standards. "Nobody wants to get hurt. Nobody wants to cause an accident."

The appeal of drones is that they can fly anywhere it's too dangerous or remote for people, and they cost less than piloted helicopters or planes.

In Mesa County, Colo., for example, sheriff's deputies have negotiated a special agreement with the FAA to fly a 2-pound helicopter up to 400 feet above the ground so a camera can snap pictures of crime scenes or accidents. An infrared camera can help deputies track a missing person or a suspect in an overgrown ravine.

"It's a tool in the toolbox," says Ben Miller, the program's manager.

GPS devices on garbage trucks????

"GPS helped police nail down exactly which trucks may have taken 5-year-old Jhessye Shockley's body to a transfer station and then to the Butterfield Station Landfill. The tracking system tells authorities where the truck dumped its load, said Sgt. Brent Coombs, a Glendale police spokesman."

What's next? Will the government mandate that we all have surgically implanted GPS devices installed on our foreheads so the cops will know where we have traveled, just in case they think we might have committed a crime???

Source

Landfill searched for missing Glendale girl's remains

Police, FBI hope technology will aid hunt for body of Glendale 5-year-old

by Lisa Halverstadt - Feb. 6, 2012 09:44 PM

The Republic | azcentral.com

More than 40 police officers, FBI agents and others wore masks and white protective suits on Monday as they began to search a landfill south of the Valley for a missing Glendale girl's remains.

Police are hopeful that technological advances will offer advantages that crews didn't have in two separate and unsuccessful searches at the same Mobile landfill more than a decade ago.

For example, GPS helped police nail down exactly which trucks may have taken 5-year-old Jhessye Shockley's body to a transfer station and then to the Butterfield Station Landfill. The tracking system tells authorities where the truck dumped its load, said Sgt. Brent Coombs, a Glendale police spokesman.

Jhessye's mother reported her missing nearly four months ago. Police now say that call came days after the girl's body had already been disposed of in a Tempe trash bin and taken to the landfill. Investigators have repeatedly said Jhessye's mother, Jerice Hunter, is the primary focus in the investigation.

Jhessye's family is torn by the landfill search. The cousins who helped raise her hope authorities find the girl's remains as they pray for justice and a proper burial. Jhessye's grandmother, who continues to defend Hunter, hopes the girl will be found elsewhere, and alive.

"I pray she's not there and that we can still have the hope that somebody just has her and wanted her so bad and they've taken care of her," grandmother Shirley Johnson said.

Police don't expect that outcome. One of Jhessye's older sisters told authorities that Hunter kept the 5-year-old in a bedroom closet without food or water. The sister said she last saw Jhessye in mid-September in the closet looking like a "zombie."

Police arrested Hunter in November on suspicion of child abuse, but prosecutors opted not to pursue the charge over concerns it could create a situation of double jeopardy that could prevent her from being tried again in the same case if prosecutors pursue a murder charge against her.

In the days or weeks to come, the search team will pull apart every bag of trash they come across and examine anything that might lead them to Jhessye's body, Coombs said.

They may search up to 6,000 tons of compacted garbage, the equivalent of a single day's load.

"We're prepared to stay out here as long as it takes to get through the last piece of trash," Coombs said.

Experts estimate a complete search would take four to six weeks, though police haven't placed time constraints on the effort.

Meanwhile, Jhessye's family members pray.

Lisa Vance helped raise the girl while Hunter served time in prison for child abuse involving Jhessye's older siblings. Vance said her family prays faith will lead police to Jhessye's remains.

"I'm very confident that when they go out there, however many days it takes, they are going to find Jhessye," Vance said. "They just have to."

The grandmother prays Jhessye will be found alive. Still, Johnson said she is grateful for the search. She just wishes police had started it sooner.

Hunter's attorney, Scott Maasen, agrees.

"They said almost two months ago they were possibly going to search the landfill," Maasen said. "It begs the question, why has there been a delay for so long?"

Police said they spent those months assessing logistics.

"We feel like we've identified the right location and we're going to give it our best shot," Glendale police spokeswoman Tracey Breeden said.

Citizens have a right to record police in action

Source

Column: Citizens have a right to record police in action

By Alejandro Gonzalez, USA TODAY

The beating captured on a camcorder in 1991 was seen on at least 240 TV stations around the world, impressive for pre-digital days, and served notice on law enforcement officers that cameras could capture them at their best — and worst. Today, when laughing babies can yield 42 million views, images of officers beating a suspect would go viral in minutes.

"Early on in their training, I always tell them, 'I don't care if you're in a bathroom taking care of your personal business. … Whatever you do, assume it will be caught on video,' " Sgt. Heather Fungaroli of the Los Angeles Police Department told the Los Angeles Timeson the 20th anniversary of the controversial arrest.

Predictably, with video cameras far more commonplace and smartphones doubling as video devices, Americans are increasingly documenting police conduct through audio and video recordings.

Not so predictable: Many are getting arrested or having recordings confiscated:

•In Rochester, N.Y., last spring, Emily Good was charged with obstruction of governmental administration after she shot video of police making a traffic stop. Good was standing in her front yard at the time. The charges were later dropped.

•Pending in a U.S. district court in Maryland is a lawsuit filed by Christopher Sharp, who recorded the arrest of a friend by Baltimore police in 2010. The police confiscated his phone and deleted a number of his videos, including family recordings.

•Last month, Boston police acknowledged that officers used "unreasonable judgment" in arresting Simon Glik, who used his cellphone to shoot the arrest of a man on Boston Common in 2007. Glik is now suing the police department.

•High school student Khaliah Fitchette was arrested by Newark police in 2010 for shooting video of their response to someone falling on a city bus. She was handcuffed and taken to a detention facility, and her video was erased. She was never formally charged and is suing the police.

•A freelance photographer on Long Island was arrested in July after he shot video of officers arresting suspects in a police chase. Phil Datz videotaped his own arrest after an officer ordered him to stop shooting on the public street. After the officer's conduct was widely viewed on YouTube (213,000 times to date), the Suffolk County Police Department decided to drop the charges.

Citizens are sometimes arrested under eavesdropping laws that were designed to prevent the surreptitious recording of a conversation. But does a police officer have a reasonable expectation of privacy while he's doing his job? And how surreptitious can it be when the camera is in full view?

The cases involving videos of officers generally don't involve brutality or overt misconduct. More typically, citizens are documenting their own or friends' exchanges with police; they want something on the record.

Arresting citizens and confiscating videos can mean the violation of three different constitutional guarantees. Gathering information about public employees is protected by the First Amendment, while confiscating recordings can violate the search and seizure clause of the Fourth and the equal protection guarantee of the 14th Amendment. That's quite a trifecta.

That's why it was so heartening to see the U.S. Department of Justice step up in federal court last month in the Sharp case, clearly signaling its opposition to the practice of arresting citizens with video cameras.

"The right to record police officers while performing duties in a public place, as well as the right to be protected from the warrantless seizure and destruction of those recordings, are not only required by the Constitution," the department wrote to the U.S. District Court in Maryland. "They are consistent with our fundamental notions of liberty, promote the accountability of our government officers, and instill public confidence in the police officers who serve us daily."

Just as police officers use technology to watch citizens, including patrol car cameras, traffic light cameras and radar to track speeding, the public has a right to monitor the work of officers on the public payroll.

Like it or not, everything we do in public can be recorded, posted and distributed around the globe in seconds, and no ordinance, state law or department policy is going to change that. The world is watching.

Ken Paulson is president and CEO of the First Amendment Center in Nashville. He is also a member of USA TODAY's Board of Contributors.

The U.S. must do more for Guatemala over STD study

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The U.S. must do more for Guatemala over STD study

By Editorial Board, Published: February 7

IN THE FALL of 2010, the Obama administration acknowledged a shocking truth: From 1946 through 1948, officials working in Guatemala for the U.S. Public Health Service conducted tests on some 5,100 unwitting individuals and deliberately infected at least 1,300 with sexually transmitted diseases. None of the victims — who included prisoners, soldiers, the mentally ill and commercial sex workers — consented to this barbaric treatment. At least 83 people died, and many suffered permanent damage.

President Obama expressed regrets to the Guatemalan president. Secretary of State Hillary Rodham Clinton and Secretary of Health and Human Services Kathleen Sebelius called the experiments outrageous and, in a joint statement, apologized “to all the individuals who were affected by such abhorrent research practices.” The administration gave a presidential commission the task of compiling information about the origins, nature and scope of the experiments.

But there has been no effort to compensate individuals directly harmed by the atrocities.

A class action lawsuit, filed on behalf of eight individuals who claim to have been victims, spouses or descendants of victims, has been wending its way through the federal courts in the District. On Jan. 9, the Justice Department made a strong and potentially winning argument that the suit should be thrown out on technical grounds. A victory in the legal arena does not absolve the U.S. government from its moral responsibility. Moreover, it should not take a lawsuit to prompt the government to do the right thing.

The Obama administration has announced plans to spend $1 million to study new rules to protect volunteers in human-subject experiments and has allocated $775,000 to fight sexually transmitted diseases in Guatemala. It has not ruled out compensating victims, but it notes the difficulty of identifying eligible individuals because of the passage of time and the facts that the experiments were conducted on foreign soil and that subjects were often not identified by their full names. True enough, but logistical hurdles should not thwart a good-faith attempt.

A lot of ground has already been covered by the Presidential Commission for the Study of Bioethics Issues. But the commission noted in its September 2011 report that it did not have access to information in the Guatemalan government’s possession that was critical to identifying individual subjects. Guatemala has since identified several survivors.

The Obama administration should work with Congress to establish a panel to pull together all available information and to determine fair compensation for surviving victims or their families. The Guatemalan government should cooperate with the United States to ensure justice for its citizens.

If you got a gun and a badge it ain't rape.

Source

Greg Kelly, Police Commissioner's Son and TV Anchorman, Won't Face Charges Over Rape Claim

By RICHARD ESPOSITO | Good Morning America

A New York prosecutor considering rape allegations against Greg Kelly, a Fox TV local morning anchor who is the son of the city's police commissioner, has decided not to bring charges in the case.

Kelly's lawyer, Andrew Lankler, met this evening with the lead prosecutor, the head of the Manhattan district attorney's sex crime unit, according to sources, and left with a letter informing him that, following the investigation, it was determined the allegations against Kelly did not meet the standard of criminal prosecution and no charges would be brought.

Kelly had taken time off from his job while the office of Manhattan District Attorney's Cyrus R. Vance Jr. investigated a New York woman's rape allegations made last month.

Hackers post W.Va. police officers' personal info

Hackers post W.Va. police officers' personal info

Feb. 8, 2012 07:44 AM

Associated Press

CHARLESTON, W.Va. -- Hackers affiliated with the Anonymous hacking group obtained more than 150 police officers' personal information from an old website for the West Virginia Chiefs of Police Association and posted it online.

William Roper, the association's president, told the Charleston Gazette the FBI is investigating. Roper is also the police chief of Ranson, W.Va.

Roper said a group called CabinCr3w hacked the website Monday and obtained the home addresses, home phone numbers and cellphone numbers of current and retired police chiefs. The association has a new website but members' information was stored on the old website's database.

"It's a tragedy someone was able to hack our website and obtain information that is useful to our members," Roper said.

In an online message by CabinCr3w addressed to "citizens of West Virginia," the hacking group says it has been monitoring cases of police brutality.

"We are here to remind you that we the taxpayers pay your exorbitant salaries, and those salaries of your officers," the message says. "Your job is to protect and serve, not brutalize the very people that pay your wages. Muzzle your dogs of war, or we will expose more of your sensative (sic) information."

Clarksburg, W.Va., Police Chief Marshall Goff was among those whose information was posted by the hackers.

"Like any of the public out there, we are at times victims also," Goff told The Associated Press on Wednesday.

Goff, who said he's been contacted by the FBI about the incident, said he does not believe the hacker group accomplished anything because his information is already publicly accessible.

"My number is published in the book because I feel that as an official figure I need to be accessible to the public," he said.

Roper said CabinCr3W is affiliated with the hacking collective Anonymous and CabinCr3w's Twitter page is laced with references to the larger hacking group.

Last week, Anonymous hit the web with a slew of hacks, including releasing a recording of a conference call between the FBI and Scotland Yard in which law enforcers discussed how to stop the hacking group.

Anonymous also claimed credit for defacing the Boston Police Department's website. And in Salt Lake City, officials said the personal information of confidential informants and tipsters had been compromised.

Arizona bill would force Colorado City police to disband

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Arizona bill would force Colorado City police to disband

Measure targeting decertified officers advances in Senate

by Dennis Wagner - Feb. 8, 2012 09:23 PM

The Republic | azcentral.com

The polygamist-controlled town of Colorado City would be forced to disband its police department under a bill that passed an initial legislative hurdle Wednesday.

The measure was approved unanimously by the Senate Committee on Government Reform at the urging of Attorney General Tom Horne.

If adopted by the full Legislature and signed into law, Senate Bill 1433 could shut down a municipal police force whenever more than half of the average number of officers has been decertified over a period of time. Among Arizona's 91 incorporated communities, Colorado City is believed to be the only one that would meet that criteria.

The town along the Utah line serves as base for the Fundamentalist Church of Jesus Christ of Latter Day Saints, which teaches that plural marriage is instrumental to heavenly exaltation. Members of the sect control the town and its police agency, known as the Marshal's Office.

Town officials did not respond to interview requests.

Colorado City and its sister community, Hildale, Utah, have been targeted for years by authorities in connection with under-age marriages, fraud and other crimes. The church's president and prophet, Warren Jeffs, is serving a life sentence in Texas for having sexual relations with underage girls.

Investigators and former church members complain that town officers ignore the law and instead carry out directives from spiritual leaders.

According to Arizona's Peace Officer Standards and Training Board, Colorado City averages 10 officers at any one time. A half-dozen of them have been decertified in recent years, some for misconduct with minors and others after declaring their allegiance to the FLDS prophet above the law.

Among the 17 bills Horne has advanced this session, he said SB 1433 is the most important in terms of public safety. The bill still must go through another committee to the full House and Senate for passage. Horne said he knows of no opposition.

Flora Jessop, a former church member who maintains contacts in Colorado City, said the bill is desperately needed because oppression appears to be at its worst in 15 years.

"It's getting to the point where people actually fear for their safety because of the police department," she said.

The legislation does not specifically mention Colorado City or polygamy. Rather, it says a police department must be closed if the number of decertified officers over an eight-year period exceeds the average number of police employees by 50 percent or more. In that case, the county sheriff would take over public safety, and the town would pay for all costs.

Life in prison for 10 dirty pictures????

With Arizona's draconian prison sentences for the victimless crime of possessing child porn this guy will probably be sentenced to the rest of his life in prison for having a few dirty pictures on his computer.

Arizona has the toughest child pornography law in the country. Arizona law requires a prison sentence of 10-24 years per image in your possession or on the hard drive of your computer. The law further requires that the penalties be served consecutively (one after the other). More times than not, this translates to a life sentence upon conviction.

So with that in mind this guy is facing between 100 and 240 years in prison for the victimless crime of downloading 10 photos to his computer.

Source

Man accused of downloading child porn

by By: Cassie Klapp - Feb. 8, 2012 02:08 PM

The Republic | azcentral.com

A 25-year-old Phoenix man was arrested Tuesday afternoon on 10 counts of sexual exploitation of a minor, Chandler police said.

Jonathan Travaglianti admitted to police that he downloaded child pornography from a file-sharing network and kept the images on his computer.

Travaglianti said he downloaded the images because he was curious after seeing news reports of other people being arrested for possessing child pornography, a court document said.

Police were alerted to the images through the file-sharing network and traced Travaglianti's computer IP address.

They obtained a warrant and searched his home and computer.

Travaglianti was being held at Maricopa County Jail.

Opps, we arrested the wrong guy for murder.

Source

Published: Feb. 9, 2012 Updated: 8:42 a.m.

Why was man held 3 months in mom's, brother's killings?

By DENISSE SALAZAR and LARRY WELBORN / THE ORANGE COUNTY REGISTER

SANTA ANA – Eder Herrera spent more than three months in the Orange County Jail accused of stabbing his mother and older brother to death inside their Yorba Linda home in October.

But he was released after prosecutors suddenly dropped the charges against him and lodged them against his former friend – Itzcoatl "Izzy" Ocampo, charged in the serial killings of homeless men.

Herrera, 24, was released from jail Friday evening, where he had been held without bail since his Oct. 26 arrest the morning after Brea police found the bodies of his mother, Raquel Estrada, 53, and his brother Juan Herrera, 34, in pools of blood in their home in the 4200 block of Trix Circle.

Herrera, who pleaded not guilty to the charges of special circumstances murder last month, faced 52 years to life in state prison.

Orange County District Attorney Tony Rackauckas told reporters after last week's developments that there was "significant evidence" that led to the police arresting Herrera and to prosecutors filing murder charges. Rackauckas said Herrera's conduct was "very suspicious" the night of the slayings.

Among other things, Rackauckas said, a witness told police he saw a person he believed was Eder Herrera dragging something from the front door threshold into the house on the night of the slayings. Based on blood evidence, it appeared that Juan Herrera had tried to escape out the front door after he was stabbed but was dragged back inside by the killer.

A RANDOM DRIVE

On the night of the double killings, Eder Herrera was driving randomly with a friend. He drove by his house and saw yellow police tape and police cars, Rackauckas said.

"His friend wanted to know if he wanted to check on his family. He declined. He didn't want to go in," Rackauckas told reporters after Ocampo's court appearance Monday.

His friend then talked Herrera into calling his family members on their cell phones, Rackauckas said, but when they didn't answer, Herrera made no attempt to follow up.

In addition, Rackauckas added, surveillance video showed a person who looked like Eder Herrera walking near the spot where an anonymous 911 call was made at a pay phone at about 11:30 p.m. The person was wearing tennis shoes with a unique logo that resembled the shoes Herrera was wearing when he was arrested the next morning.

Spots were also discovered in Herrera's car that appeared to be blood, but prosecutors last Friday learned that there was no blood in the car.

Detectives on the Orange County serial killings task force later discovered evidence that shifted the focus of the Estrada/Juan Herrera slayings to Ocampo. They re-examined the killings on Trix Circle, which took place two months before the first attack on homeless men, because of the similarities in the attacks and the number of deep stab wounds to all victims.

DNA LINK

Police also searched Ocampo's home in Yorba Linda, about one mile from where Estrada lived with her sons, and found an article of clothing that led to a "significant DNA link" to the double killings, Rackauckas said. Both Estrada's and Juan Herrera's DNA were found on the clothing, he said.

Even though he was released from custody, "Eder Herrera has not been eliminated as a suspect," Rackauckas said, adding that the case is still under investigation.

Ocampo, 23, was charged Monday in an amended complaint in the slayings of four homeless men in December and January and with killing Estrada and her older son. Ocampo, who graduated from Esperanza High School with Herrera in 2006, appeared in court Monday, but his arraignment was continued to March 16.

After Herrera's release from jail, he was detained by Immigration and Customs Enforcement officers from the Enforcement and Removal Operations, said Virginia Kice, spokeswoman for the federal agency.

Herrera told officers he had entered the country illegally, and federal officials checked his background for previous immigration and criminal offenses, she said. He was released a short time later and was issued a notice to appear before an immigration judge.

Herrera could not be reached for comment and his extended family declined to comment.

Deputy Public Defender Huy T. Nguyen, Eder Herrera's lawyer, said he could not comment because the case is still under investigation by law enforcement. He also said he has advised his client not to discuss the case with anyone.

Contact the writer: 714-704-3709 or desalazar@ocregister.com

Motorcycle checkpoints sound unconstitutional

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Motorcycle-only checkpoints rev up controversy in Congress

February 9, 2012 | 2:10 pm

Motorcycle-only safety checkpoints have revved up controversy among some lawmakers who say the inspections are another example of intrusive federal policies.

A measure inserted into the House transportation bill would bar the U.S. Department of Transportation from providing grants to local or state governments for such inspections.

The action grows out of a furor over checkpoints set up in Georgia last year and planned again this year under a $70,000 federal traffic safety grant.

The roadside checkpoints operate similar to the popular drunk-driving checkpoints. Law enforcement officials signal motorcyclists to pull over and then conduct on-the-spot safety inspections, checking on the condition of the bikes and whether drivers are properly licensed and complying with the state helmet law.

Similar checkpoints have been set up in New York.

But Rep. Jim Sensenbrenner (R-Wis.), among a bipartisan group of lawmakers who pushed for the provision in the bill, assailed motorcycle-only checkpoints as "an intrusive governmental overreach."

"Motorcycle riders are right to be outraged at being singled out for safety inspections," Rep. Tom Petri (R-Wis.) added in a statement.

Jackie Gillan, president of Advocates for Highway and Auto Safety, criticized the provision. The group describes itself on its website as a coalition of "consumer, health and safety groups and insurance companies and agents working together to make America's roads safer."

"What you see are the fingerprints of the anti-helmet people,'' Gillan said in an interview. "We're fighting efforts in state legislatures to repeal rider helmet laws. Now, what they're doing is attacking, in those states that require helmets, the ability of law enforcement to enforce the law.''

A National Highway Traffic Safety Administration spokesman said that the agency's administrator David Strickland is concerned about the increasing proportion of fatalities among motorcyclists.

"If the argument is, well, you can't single us out by vehicle, we do,'' said Lt. Jim Halvorsen of the New York State Police. "When we do seat-belt checkpoints, we waive the motorcyclists through because they don't have seat belts. Both helmets and seatbelts are required safety devices."

Of approximately 27,000 motorcyclists that passed through their checkpoints last year, about 2,500 were stopped for closer inspection, Halvorsen said. Of those, 380 were ticketed for an illegal helmet. Six motorcyclists were arrested on suspicion of drunk driving. Forty-nine motorcyclists were ticketed for operating a motorcycle without the proper license class. A total of 1,665 tickets were issued.

In 2009, 4,462 motorcyclists were killed, a decrease of 16% from the previous year, according to the most recent figures from the National Highway Traffic Safety Administration. Twenty-two percent of motorcycle riders involved in fatal crashes in 2009 were riding without a valid motorcycle license at the time of the collision, compared with 12% of drivers of passenger vehicles involved in fatal crashes who lacked a valid license, according to the agency.

The American Motorcyclist Assn. believes that "strategies to promote motorcycle safety must be rooted in motorcycle crash prevention, and don't include arbitrarily pulling over riders and randomly subjecting them to roadside inspections," according to its vice president of government relations, former Colorado Sen. Wayne Allard.

Strickland, in a 2010 letter to the American Motorcyclist Assn., noted that of 225 motorcyclists inspected at one New York checkpoint, 11% were found to have unsafe tires, and 36%were not wearing helmets meeting state law.

A letter sent to the House Transportation Committee by the bipartisan group of lawmakers in support of the provision said that funds would be better spent on educational programs aimed at reducing motorcycle crashes

Both chambers of Congress are expected to consider their own versions of the transportation bill next week.

Hawthorne Mayor steals dough mixer

Source

Ex-Southern California mayor admits stealing mixer to make pizza

Associated Press

Posted: 02/09/2012 10:49:56 AM PST

LOS ANGELES -- The former mayor of a Los Angeles suburb has pleaded guilty to stealing a commercial food mixer from the local school district so he could make dough for his home pizza oven.

Los Angeles County prosecutors say Larry Guidi entered the plea Wednesday to a felony count of grand theft. He was sentenced to 100 hours of community service and one year's probation. A commercial burglary charge was dismissed.

Guidi was a warehouse operations manager for the Hawthorne School District until he was fired last year. Prosecutors say a security camera recorded him loading the giant mixer and a cart into his pickup truck in 2010.

The $1,300 mixer was later returned.

Guidi was the mayor of Hawthorne for nearly 20 years but didn't run for re-election last year.

Orange County cop arrested for having sex with inmate

O.C. sheriff's deputy arrested for allegedly having sex with inmate

February 10, 2012 | 1:47 pm

An Orange County sheriff’s deputy is facing criminal charges for allegedly having sex with an inmate at a jail facility in Santa Ana, officials said.

Jennifer McClain, 29, was arrested Thursday night while on duty at the center. She was released on her own recognizance and is awaiting a court appearance, said Jim Amormino, spokesman for the Orange County Sheriff’s Department.

McClain, a five-year veteran, is accused of being sexually involved with a male inmate while on duty at the Intake Release Center in November and December. The inmate reported the relationship to a supervisor. He said it was consensual. It was not clear why the inmate decided to come forward, Amormino said.

“It was disheartening because she was a popular deputy and it was a shock to many of us,” Amormino said. “But we do not tolerate this kind of misconduct from anyone who tarnishes the badge.”

McClain is on administrative leave during the criminal investigation and internal investigation.

Cops hate civilians with guns!!!!

Pickens, Daykin and Fowler: Guns on campus will lead to more danger

by John L. Pickens, Anthony Daykin and G.T. Fowler

Feb. 10, 2012 06:44 PM

Our Turn

We the police chiefs of the three state universities firmly oppose SB 1474, which would allow guns on our campuses.

In an active shooter situation, the primary objective of law enforcement is to neutralize the threat as quickly as possible. Currently, when officers respond to an active shooter situation, they know that a person with a weapon is likely to be an adversary. If additional people are armed, law enforcement will be delayed from reaching the active shooter and possibly target armed but innocent students. [So the police want to assume anybody with a gun is a criminal]

In addition, having armed but untrained students and visitors who are unaccustomed to being in life-and-death situations may well result in those individuals shooting at one another rather than the active shooter or accidentally injuring or killing bystanders.

The training or training equivalency required to obtain a concealed carry weapon permit has been reduced over the years to the point that it is no longer required that a person even fire a weapon or receive any training about shooting in a crowded, chaotic situation to obtain a permit. [Last time I checked the 2nd Amendment didn't require gun owners to have any training.]

There is also no requirement that a permit holder be familiar with or have ever fired the weapon they carry concealed. Those who receive training may shoot one type of weapon and then choose to carry a weapon with completely different handling, shooting and safety characteristics. The premise that allowing weapon-permit holders onto campus will add more trained responders if an armed situation occurs does not hold up under even mild scrutiny. [Of course not, many cops, like other government tyrants hate guns]

A large portion of the crimes committed at our universities are thefts or crimes of opportunity. Most of the items taken are left unattended or are not adequately secured. Security and weapons storage in university buildings and residential-hall facilities in particular will be very challenging. Improper storage makes the weapon accessible to roommates, suite-mates or almost anyone who enters the facility, including thieves.

Any report of a weapon being seen on campus will continue to activate a full response by law enforcement. Increasing the number of weapons on campus, with no requirement that they be well concealed, will increase the number of reports of weapon sightings. This will cause unnecessary disruption of classes and increase the anxiety level of students.

Despite recent high-profile shootings on college campuses, the evidence shows that college campuses are safe environments for students. A recent U.S. Department of Justice study comparing the violent victimization of college students versus non-students, aged 18-24 from the period 1995-2002, found that students experience less violence annually than non-students.

About 9 out of 10 college students who were victims of violent crime were victimized off campus, rather than on campus.

According to the International Association of Campus Law Enforcement Administrators the unintended consequences of legislation to allow individuals to carry concealed weapons on campus would include:

A likely increase in both intentional homicides and suicides. [Currently murder and suicide are illegal. If somebody is going to disobey those laws, they certainly won't obey a law that says guns are not allowed]

Increased exposure of campus police to injuries.

Unfunded mandates resulting from policy changes, including resources necessary to investigate firearms incidents, thefts of firearms, and checking for underage and prohibited possessors.

We believe that well-equipped and well-trained law-enforcement professionals using modern technology are better prepared to handle violent and unpredictable situations in our university communities, and that restricting guns on campus is a more effective strategy for creating a safe community than the strategy of allowing more guns on campuses. [So by pushing for laws that make guns illegal, they hope to create a jobs program for more cops???]

John L. Pickens is chief of police at Arizona State University. Anthony Daykin is chief of police at the University of Arizona. And G.T. Fowler is chief of police Northern Arizona University.

OK, maybe they are just police thugs terrorizing the people they pretend to protect. But of course the police want us to think they are heroes who protect us from criminals

Pinal County Sheriff Sheriff Babeu p*sses away RICO money

Source

Pinal County Sheriff Babeu uses cash for coins, badges

Sheriff spends over $35,000 amid crunch

by Lindsey Collom - Feb. 11, 2012

The Republic|azcentral.com

Pinal County Sheriff Paul Babeu spent more than $35,000 on specialty uniform badges and customized coins in honor of Arizona's 100th birthday in the months leading up to a budget crunch that has his staff working to curb a projected multimillion-dollar deficit, records show.

Purchasing records indicate Babeu's office used anti-racketeering funds, also known as RICO money, to pay $23,350 for the 308 badges and $12,080 for 4,000 coins since September.

The expenditures for the badges conform to acceptable standards, according to an author of the statute dictating how RICO funds can be spent, noting that RICO money can be used to buy uniforms and related accessories. Babeu's camp also said the expenditures for the customized coins have a legitimate purpose: his supervisors hand them out as rewards to employees and citizens.

Meanwhile, Babeu's staff and county finance officials are working to put the brakes on what was projected in January to be a budget shortfall of about $3.2 million in his office alone by the end of June if current spending levels continue.

Babeu, who is running for Congress in Arizona's 4th District, was not available for comment. Tim Gaffney, Babeu's director of communications and grants, said in an e-mail that sheriff's personnel have met with county finance staffers and are "confident in a balanced budget."

"The Sheriff's Office has always had a balanced budget under the leadership of Sheriff Babeu and this year will be no exception," Gaffney wrote in the e-mail.

In October, county supervisors were asked to cover more than $613,000 in excess of the department's budget in the fiscal year ending June 30, 2011, primarily because of fuel and personnel costs.

The potential overage this budget year, which ends June 30, is the combined result of overtime pay, patrol fuel costs, wages, employee-related expenses and other operating costs. The figures were based on Sheriff's Office spending in the first six months of the budget year.

County Budget Director Leo Lew said he is working with sheriff's staffers to "identify all the causes, give more specific reasons for the causes and propose solutions for the original projected overage." He said sheriff's staffers have already implemented some cost-cutting measures, mainly in the use of overtime.

The potential deficit affects the sheriff's general fund. Centennial badges and coins were purchased using a separate fund.

Deputies and detention staff may wear the badge until 2013, when it will be retired as a commemorative item.

At $75 each, the badge has the heft and quality of standard uniform-grade. Its design includes "Pinal County Sheriff's Office" and "Celebrating Arizona's Centennial" etched in a gold ring around its border, encircling the state flag. The names Paul Babeu and Janice K. Brewer are embossed in gold-tone metal, and a golden six-point star with the state seal at its center sits atop the flag. The challenge coins, purchased at $4 each, have a similar design with Babeu's name featured across the star.

Babeu is the only Arizona sheriff to provide centennial badges to his employees free of charge.

In a Republic poll of all 15 sheriff's offices statewide, more than half of them, including the Maricopa County Sheriff's Office, allow staffers to buy personalized centennial badges to wear through 2012. Cochise, Yavapai, Mohave, La Paz, Apache and Navajo counties also allow it.

Centennial badges are not authorized for use by sheriff's personnel in Pima, Coconino, Yuma, Gila, Graham and Greenlee counties. Santa Cruz County Sheriff Tony Estrada said his department hasn't decided whether to allow them.

Because badges are considered part of a law-enforcement officer's uniform, as long as sheriff's personnel wear the centennial badges in 2012, paying for them with anti-racketeering funds is "allowable under statute," said Cameron Holmes, assistant Arizona attorney general and senior litigation counsel for the office's criminal division.

Holmes helped to craft Arizona statutes involving asset forfeiture, money laundering, RICO and financial-transaction reporting.

"Statute authorizes expenditures for police equipment, and that's equipment," Holmes said.

Gaffney said the Sheriff's Office has used RICO funds in recent years for a variety of purposes, including a sheriff's substation lease and corresponding utility costs, computers, weapons, motorcycles, radios, helmets, fuel and a fitness center, among others. RICO money also has been used to support local chapters of the Boys & Girls Clubs, Boy Scouts and American Legion posts, and Babeu gave $5,000 to each high school in Pinal County to promote a safe and sober graduation night, Gaffney said.

RICO money comes from assets seized in racketeering investigations, the proceeds of which are distributed to law-enforcement agencies involved in the busts. State law allows policing agencies to spend the money within these perimeters: gang prevention, substance-abuse prevention and education, witness protection, further investigation and prosecution of racketeering crimes, and for any purpose granted in federal law.

Federal law governing the use of these funds is much broader. As outlined in the U.S. Justice Department's "Guide to Equitable Sharing for State and Local Law Enforcement Agencies," policing agencies can use the money for training, overtime, equipment and the operation of that equipment, such as fuel for patrol cars.

According to the guide, "priority should be given to supporting community policing activities, training, and law-enforcement operations."

Using the money for centennial challenge coins, however, is not as clear. Holmes said he would have to hear Babeu's explanation how the coins are explainable under specific statutes.

Gaffney said the challenge coins "are used by supervisors as on-the-spot impact awards for individuals." He said the sheriff believes the coins are also an allowable use under federal guidelines.

Representatives from several sheriff's departments said centennial coins have been made available for their ranks to purchase. Navajo County Sheriff Kelly "KC" Clark said five commanding officers pooled money a few years ago to buy challenge coins as Christmas gifts for employees, but no public funds were used.

Pinal County Supervisor Bryan Martyn bought personalized challenge coins -- "a longstanding military tradition" -- to hand out during his term. Martyn, a retired Air Force helicopter pilot, said he used his own money for the purchase and that he is "confident that the sheriff is working within the current law."

Fellow supervisor Chairman Pete Rios, a Democrat who has butted heads with Babeu, a Republican, throughout their terms in office, questioned the purchases, calling them "not a good use of precious public money during a recession."

Don't these government bureaucrats have any children to educate???

Source

Virginia school district ponders banning cross-gender dress

By Matthew A. Ward | Reuters

SUFFOLK, Va (Reuters) - A Virginia school district is considering banning cross-gender dressing in a move proponents said aims to protect students from harassment, but which civil liberties and gay rights groups said would amount to an assault on free speech.

Board members said they wanted to protect the children in the school district in Suffolk, about 20 miles from Norfolk, from the types of tragedies such as killings and suicides tied to bullying in other parts of the country.

The proposed dress code would prohibit students from wearing clothing "not in keeping with a student's gender" and that "causes a disruption and/or distracts others from the education process or poses a health or safety concern."

The board opted to pursue the ban after teachers at one of the district's three high schools said some male students were dressing like girls, prompting complaints from other students, district spokeswoman Bethanne Bradshaw said.

Board Vice Chairwoman Thelma Hinton, in supporting the ban, cited the killing of a 15-year-old California cross-dressing student by another student in 2008 and the suicide of a 14-year-old gay student last year in New York after online bullying.

"When a situation is brought up to me, I'm going to speak out if I have to speak out, and take a stand," Hinton said Thursday at a board meeting, adding that she was more concerned about the safety of the district's 14,000 students than civil rights.

"It has nothing to do with a person's gender -- who they are," Hinton said. "Of course I don't want anyone's rights being violated, but I have done some research."

A vote on the issue is expected in March, and a ban would take effect on July 1 if approved, Bradshaw said.

ACLU SAYS BAN IS VAGUE AND DISCRIMINATORY

The American Civil Liberties Union of Virginia had already called the proposed ban unconstitutionally vague and sexually discriminatory even before Thursday's meeting.

After hearing board members offer general support for the ban on Thursday, the state ACLU plans to outline possible legal actions that could follow if it is adopted, Virginia ACLU Executive Director Kent Willis told Reuters.

James Parrish, executive director of Equality Virginia, suggested that district administrators needed education on issues related to lesbian, gay, bisexual and transgender students.

"If a girl comes to school wearing jeans and a flannel shirt, is that considered cross-gender dressing?" he told Reuters, adding that a misunderstanding of the issues could actually make the students more susceptible to bullying.

"They're calling it cross-dressing, but if that individual was wearing clothes that reflect their gender identity, that's not cross-dressing, that's appropriate gender dressing," he said.

Several incidents where relentless verbal assaults and online harassment led to the suicides or murders of gay or lesbian teens over the past few years have led to tougher anti-bullying laws in some states.

New Jersey passed tougher anti-bullying laws after a gay college student killed himself after reportedly being bullied, and New York lawmakers were looking at how to stem the kind of harassment that led to the Buffalo teen's suicide.

In Suffolk, school board attorney Wendell Waller said opponents who read the proposed ban as a straight prohibition missed its intent. He also said the district would press ahead with what he described as a "very delicate" balancing act.

"It is not a straight prohibition of anything, unless it ... forms a disruption of the education process," Waller said.

(Editing By Colleen Jenkins, David Bailey and Cynthia Johnston)

Uncle Sam's spying on every thing you type!!!

Source

U.S. seeks software to mine social media

Feb. 12, 2012 11:36 PM

Associated Press

SAN FRANCISCO - The U.S. government is seeking software that can mine social media to predict events from future terrorist attacks to foreign uprisings, according to requests posted online by federal law-enforcement and intelligence agencies.

Hundreds of intelligence analysts already sift overseas Twitter and Facebook posts to track events such as the Arab Spring. But in a formal "request for information" from potential contractors, the FBI recently outlined its desire for a digital tool to scan the entire universe of social media -- more data than humans could ever crunch.

The Department of Defense and the Office of the Director of National Intelligence also have solicited the private sector for ways to automate the process of identifying emerging threats and upheavals using the billions of posts people around the world share every day.

"Social media has emerged to be the first instance of communication about a crisis, trumping traditional first responders that included police, firefighters, EMT, and journalists," the FBI wrote in its request.

The proposals already have raised privacy concerns among advocates who worry that such monitoring efforts could have a chilling effect on users. Ginger McCall, director of the open-government project at the Washington, D.C.-based Electronic Privacy Information Center, said the FBI has no business monitoring legitimate free speech without a narrow, targeted law-enforcement purpose.

The FBI said in a statement to the Associated Press that its proposed system is only meant to monitor publicly available information and would not focus on specific individuals or groups but on words related to criminal activity.

Bill aims to censor Arizona teachers' speech

Source

Bill aims to censor Arizona teachers' speech

Group wants them to comply with FCC

by Alia Beard Rau - Feb. 12, 2012 08:40 PM

The Republic | azcentral.com

Arizona's teachers better watch their mouths.

A group of Republican state lawmakers is backing legislation that would require teachers to limit their speech to words that comply with Federal Communications Commission regulations on what can be said on TV or radio.

The FCC regulations limit obscene, indecent and profane speech. Its determination of what falls into those categories is broad and based on context. For example, the FCC defines profanity as "language so grossly offensive to members of the public who actually hear it as to amount to a nuisance."

Senate Bill 1467, sponsored by Sen. Lori Klein, R-Anthem, establishes penalties for anyone teaching in a public school who violates the FCC standards. Penalties range from a one-week suspension for a first offense to being fired for a third offense.

Klein said the bill stems from constituent complaints about teachers in local high schools using inappropriate language in front of students.

"Students are young and impressionable and teachers should not be using four-letter words in the classroom," Klein said.

She said she is still tweaking the bill and will likely lower the punishment for a first offense to a warning.

The bill applies to any public preschool, K-12 school, community college or university. But that may change if the bill progresses. Klein said she did not intend for the bill to apply to community college or university classes.

The Senate Education Committee has not yet scheduled a hearing for the bill.

Senate Majority Leader Andy Biggs, R-Gilbert, has signed on in support of the bill.

He said he believes the bill is not a free-speech violation, citing U.S. Supreme Court allowances for reasonable speech restrictions based on "time, place and manner."

Chris Maza, who has taught high-school French for more than 20 years, said teachers should not use inappropriate language in their classrooms -- and for the most part already don't.

"I don't find this to be such a significant issue that we would have to have a law," said Maza, who currently serves as president of both the Paradise Valley Education Association and the Washington Elementary School District Governing Board.

He said the bill is too broad in its restrictions. It limits teachers' language wherever they are, whether in the classroom or with a colleague.

Maza said he believes this is a local control issue best left to the school districts.

Senate Minority Leader David Schapira, D-Tempe, a former high-school teacher and current Tempe Union High School District Governing Board member, said he understands the concern but not the proposed solution.

"In K-12 classrooms, teachers shouldn't be using those words with their students," he said. "But the school districts should implement the policies."

Potty Mouth Police

Talk about your obscenities

The Arizona Legislature, ever on the prowl for more laws to create, has come up with a doozy.

Sen. Lori Klein, R-Anthem, wants to outlaw teachers from saying anything at school that you couldn't say on the radio or TV. Senate Bill 1467 would require teachers from PE to PhD to comply with the regulations put forth by the Federal Communications Commission.

So, if you're, say, in the teachers' lounge and you stub your toe and an inadvertent bad word comes out of your mouth, you'd be in trouble. If it's the first time, you'd be merely suspended. If it's the third, you'd be fired.

No word as yet on who will serve as the potty-mouth police. Presumably, the Legislature will want to set up a potty police force, with all attendant rules and regulations on how to operate, as it clearly doesn't trust the local school boards and administrators to run their own business.

For example, FCC regulations cover indecent, obscene and profane speech but what that means is open to broad interpretation. The regulations define profane speech as "language so grossly offensive to members of the public who actually hear it as to amount to a nuisance."

Well, there goes civics class. I mean, if you can't utter the words Arizona Legislature...

Drone strikes in the USA????

Source

Pentagon working with FAA to open U.S. airspace to combat drones

By W.J. Hennigan, Los Angeles Times

February 13, 2012, 9:57 p.m.

With a growing fleet of combat drones in its arsenal, the Pentagon is working with the Federal Aviation Administration to open U.S. airspace to its robotic aircraft.

As the wars in Iraq and Afghanistan wind down, the military says the drones that it has spent the last decade accruing need to return to the United States. When the nation first went to war after the Sept. 11, 2001, terrorist attacks, the military had around 50 drones. Now it owns nearly 7,500.

These flying robots need to be shipped home at some point, and the military then hopes to station them at various military bases and use them for many purposes. But the FAA doesn't allow drones in national airspace without a special certificate.

These aircraft would be used to help train and retrain the pilots who fly the drones remotely, but they also are likely to find new roles at home in emergencies, helping firefighters see hot spots during wildfires or possibly even dropping water to combat the blaze.

At a recent conference about robotic technology in Washington, D.C., a number of military members spoke about the importance of integrating drones along with manned aircraft.

"The stuff from Afghanistan is going to come back," Steve Pennington, the Air Force's director of ranges, bases and airspace, said at the conference. The Department of Defense "doesn't want a segregated environment. We want a fully integrated environment."

That means the Pentagon wants the same rules for drones as any other military aircraft in the U.S. today.

Robotic technology was the focus of the Assn. for Unmanned Vehicle Systems International's annual program review conference in Washington last week. For three days, a crowd made up of more than 500 military contractors, military personnel and industry insiders packed the Omni Shoreham Hotel to listen to the foremost experts on robots in the air, on the ground and in the sea.

Once the stuff of science-fiction novels, robotic technology now plays a major role day-to-day life. Automated machines help farmers gather crops. Robotic submarines scour the ocean floor for signs of oil beds. Flying drones have become crucial in hunting suspected terrorists in the Middle East.

Drones such as the jet-powered, high-flying RQ-4 Global Hawk made by Northrop Grumman Corp. have also been successful in providing aerial coverage of recent catastrophic events like the tsunami in Japan and earthquake in Haiti.

The FAA has said that remotely piloted aircraft aren't allowed in national airspace on a wide scale because they don't have an adequate "detect, sense and avoid" technology to prevent midair collisions.

The FAA does allow exceptions. Unarmed Predator drones are used to patrol the nation's borders through special certifications. The FAA said it issued 313 such certificates last year.

The vast majority of the military's drones are small — similar to hobby aircraft. The FAA is working on proposed rules for integrating these drones, which are being eyed by law enforcement and private business to provide aerial surveillance. The FAA expects to release the proposal on small drones this spring.

But the Pentagon is concerned about flying hundreds of larger drones, including Global Hawks as well as MQ-1 Predators and MQ-9 Reapers, both made by General Atomics Aeronautical Systems Inc. in Poway.

And last week Congress approved legislation that requires the FAA to have a plan to integrate drones of all kinds into national airspace on a wide scale by 2015.

The Army will conduct a demonstration this summer at its Dugway Proving Ground in Utah, testing ground-based radars and other sense-and-avoid technology, Mary Ottman, deputy product director with the Army, said at the conference.

These first steps are crucial, said Rep. Henry Cuellar (D-Texas), who co-chairs a bipartisan drone caucus with Rep. Howard P. "Buck" McKeon (R-Santa Clarita). Officially known as the Congressional Unmanned Systems Caucus, the panel was formed in 2009 to inform members of Congress on the far-reaching applications of drone technology.

McKeon also said he was in favor of moving along the process of integrating drones into civil airspace. This came before he was abruptly interrupted by an anti-drone female protester during a speech.

"These drones are playing God," she said, carrying a banner that read "Stop Killer Drones." She was part of a group that wants the end of drone strikes.

Within seconds, hotel security personnel surrounded the woman. She was carried out chanting, "Stop killer drones."

McKeon, who stood silent throughout the brief protest, went on with his speech.

william.hennigan@latimes.com

More on those photo radar bandits!!!!

Red-light-cam ban proposed for ballot

Howard Fischer Capitol Media Services

Posted: Tuesday, February 14, 2012

PHOENIX - Arizona voters may finally get a chance to pull the plug on those controversial photo radar and red-light cameras.

The Senate Judiciary Committee approved a measure late Monday to put the question on the November ballot. It would first have to pass the whole Senate and House.

The 4-1 committee vote came despite objections from cities and from Scottsdale-based American Traffic Systems, both of whom argued these issues should be decided in each community at the local level.

But senators gave more weight to the comments of several individuals who contend the system is little more than a way for cities and counties to raise some quick cash.

That included Sen. Steve Yarbrough, R-Chandler, who recounted his own "horror story" of getting a photo radar ticket in Star Valley, in Gila County, at 6 a.m. with no other vehicles on the road. He also said the posted speed limit was "artificially low."

"There was no way in the world that my speed was not reasonable and prudent," said Yarbrough, an attorney.

He pointed out that under Arizona law, that is the touchstone for when someone can be ticketed, versus simply driving above the posted limit. Had he been stopped by a police officer, Yarbrough could have made the argument that based on the time, the weather and the traffic conditions, he was driving in a safe manner.

"I could have protested the ticket," Yarbrough told colleagues. "I've tried a few cases in my day." And he said he might even have persuaded a city magistrate to dismiss the citation.

"But the cost of driving back to Star Valley, defending that ticket, the time and the money involved, was far greater than the ticket," he said. "So I did what I guess most people do: I wrote a check and I took my lick, even though I believe, under the law, it was inappropriate."

Photo enforcement has been around for about two decades. But it gained greater attention after then-Gov. Janet Napolitano ordered cameras to be placed on state highways, at least in part to generate needed revenues.

That decision eventually was overturned by Jan Brewer, her successor. But the local speed cameras remain in place, as do the later generation of those designed to catch those who run red lights.

Stan Barnes, lobbyist for American Traffic Systems, which operates photo enforcement systems for many governments, said this kind of question is inappropriate for the ballot.

Dale Wiebusch, who represents the League of Arizona Cities and Towns, added that if local voters are upset with photo enforcement, they are free to either pressure the local council or even propose their own ballot measures.

But others had their own take on the system.

Sen. Frank Antenori, R-Tucson, sponsor of SCR 1029, said photo enforcement was sold to the public as a way of improving safety without having to add more police officers.

"It is now clear that they're being used solely for revenue," he said. Antenori told lawmakers if they need any proof, they need to look no further than Tucson, where the question of cash flow was part of a discussion several years ago about adding new cameras.

Tucsonan Mark Spear, a perennial foe of photo enforcement, said he also believes the system is rigged to make money.

He said, for example, the yellow lights at intersections are set to be very short so motorists approaching at the last minute are almost certain to trip the sensors, resulting in citation in their mailbox for running a red light. And the problem, said Spear, is particularly acute in communities with "lagging" left-turn arrows, where the green turn indicator comes after the green light for through traffic.

"Photo enforcement is dedicated to giving tickets to little old ladies driving Buick station wagons making a left turn on an arrow," he said.

Antenori tried last year to have lawmakers themselves outlaw photo enforcement. But that measure died on a tie vote on the Senate floor. He said this alternative amounts to "ultimate local control" because the voters themselves will get the last word.

300 burn to death in prison fire

Source

Honduras prison fire kills at least 300, authorities say

Feb. 15, 2012 07:25 AM

Associated Press

TEGUCIGALPA, Honduras -- Trapped inmates screamed from their cells as a fire swept through a Honduran prison, killing at least 300 inmates, authorities said Wednesday.

Some 475 people escaped from the prison in the town of Comayagua and 356 are missing and presumed dead, said Hector Ivan Mejia, a spokesman for the Honduras Security Ministry. He said 21 people had been injured.

Dozens were trapped behind bars as prison authorities tried to find the keys, officials said.

Comayagua fire department spokesman Josue Garcia said he saw "horrific" scenes while trying to put out the fire, saying inmates rioted in attempts to escape. He said "some 100 prisoners were burned to death or suffocated in their cells."

"We couldn't get them out because we didn't have the keys and couldn't find the guards who had them," Garcia said.

Officials are investigating whether the fire was triggered by rioting prisoners or by an electrical short-circuit, said Danilo Orellana, head of the national prison system.

A prisoner identified as Silverio Aguilar told HRN Radio that someone started screaming, "Fire! fire!" and the prisoners called for help.

"For a while, nobody listened. But after a few minutes, which seemed like an eternity, a guard appeared with keys and let us out," he said.

Hundreds of relatives rushed to Santa Teresa Hospital in Comayagua state to learn the fate of their loved ones, said Leonel Silva, fire chief in Comayagua, a town 90 miles (140 kilometers) north of the Central American country's capital, Tegucigalpa.

Lucy Marder, chief of forensic medicine for the prosecutor's office, said 12 victims were treated there and nine more in the Hospital Escuela in Tegucigalpa, bringing the total of injured to 21. "That's why we think the death toll will rise," she said.

Marder said it would take at least three months to identify victims, some burned beyond recognition, because DNA tests will be required.

President Porfirio Lobo declared an emergency in July 2010 in nine of the 24 prisons in Honduras. His security minister at the time called the prisons "universities of crime" that had been overwhelmed by overcrowding.

Most inmates were never charged with a crime in the Honduras prison fire

Deadly prison fire: Most inmates were never charged

Feb. 16, 2012 10:59 AM

Associated Press

COMAYAGUA, Honduras -- The prisoners whose scorched bodies were carried out piece by piece Thursday morning from a charred Honduran prison had been locked inside an overcrowded penitentiary where most inmates had never been charged, let alone convicted, according to an internal Honduran government report obtained by The Associated Press.

The Honduran government report, which was sent to the United Nations this month, said 57 percent of some 800 inmates of the Comayagua farm prison north of the Central American country's capital were either awaiting trial or being held as suspected gang members.

A fire that witnesses said was started by an inmate tore through the prison Tuesday night, burning and suffocating screaming men in their locked cells as rescuers desperately searched for keys. Officials confirmed 358 dead, making it the world's deadliest prison fire in a century.

Honduran authorities said they are still investigating other possible causes based on prisoner accounts, including that the fire could have been set in collusion with guards to stage a prison break.

"All of this isn't confirmed, but we're looking into it," said attorney general's spokesman Melvin Duarte said.

Survivors told horrific tales of climbing walls to break the sheet metal roofing and escape, only to see prisoners in other cell blocks being burned alive. Inmates were found stuck to the roofing, their bodies fused to the metal.

From the time firefighters received a call at 10:59 p.m. local time, the rescue was marred by human error and conditions that made the prison ripe for catastrophe.

According to the report, obtained exclusively by the AP, on any given day there were about 800 inmates in a facility built for 500. There were only 51 guards by day and just 12 at night.

On the night of the fire, only six guards were on duty, four of them in towers overlooking the prison and two in the facility itself, Fidel Tejeda, a guard at the prison for 14 years, told The Associated Press. One of those guards held all the keys to the prison doors, he said.

Tejeda was in one of the towers and fired two shots as a warning to the other guards when he first saw flames at about 10:50 p.m., he said as he stood in uniform outside the prison Thursday morning, rifle in hand.

"Six officers were on guard," he said. Prison rules prevented him from leaving his post to help with the rescue.

"It would be a criminal act," he said.

Tejeda said firefighters took about half an hour to arrive.

Miguel Angel Lopez, a guard who was on duty inside the prison, separately told the AP that he had called the fire department as soon as he saw there was a fire, but crews took about 30 minutes to show up.

The Comayagua fire chief has said his men were there in 10 minutes but were kept outside the gates by guards who feared the fire was cover for a prison break.

The prison has no medical or mental health care and the budget allows less than $1 per day per prisoner for food. [Wow! They are very well fed compared to the inmates in Sheriff Joe's Arizona gulag] Prisoners only needed to bear a simple tattoo to be incarcerated under the strict Honduran anti-gang laws [Let's hope the twits in the Arizona Legislator don't read about this and pass a similar law] , the report said. The U.N. condemns the practice as a violation of international law.

"This tragedy could have been averted or at least not been so catastrophic if there had been an emergency system in all the penitentiaries in the country," human rights prosecutor German Enamorado told HRN Radio.

National prison system director Danilo Orellana declined to comment on the supervision or the crowded conditions in Comayagua, a prison farm where inmates grew corn and beans. He referred an AP reporter to the commander of the prison police, who said comment would have to come from his public affairs office, which did not respond to an AP request late Wednesday.

President Porfirio Lobo on Wednesday suspended Orellana and other top prison officials.

Inside the prison, charred walls and debris showed the path of the fire, which burned through six barracks that had been crammed with 70 to 105 inmates each in four-level bunk beds.

Bodies were found piled up in the bathrooms, where inmates apparently fled to the showers, hoping the water would save them from blistering flames. Prisoners perished clutching each other in bathtubs and curled up in laundry sinks.

"It was something horrible," said survivor Eladio Chica, 40, as he was led away by police Wednesday night, handcuffed, to testify before a local court about what he saw. "I only saw flames, and when we got out, men were being burned, up against the bars, they were stuck to them."

A team of 17 pathologists were working in three groups in the capital's main morgue to identify the victims with the help of fingerprints and dental records. The government of Chile was sending a team of 14 pathologists to help.

About 115 bodies were in the morgue Thursday morning, after being moved by refrigerated truck overnight. At least six were burnt beyond recognition, Duarte said.

More than 800 relatives were staying in temporary housing south of the capital while they awaited the arrival of their loved ones' bodies.

The deadly inferno never had to happen.

The frantic inmate who started the fire gave warning, phoning the state governor and screaming he was going to burn the place down. After the man, who wasn't identified, lit a mattress on fire a few minutes later, crews said they rushed to the prison, arriving two minutes after a call for help because the firehouse was nearby. But the handful of guards held them out for a catastrophic 30 minutes, saying they thought the screams inside were a prison break and a riot. When rescuers finally were allowed in, they said they couldn't find keys or guards to unlock the barracks.

Fifteen minutes away, the U.S. military's Southern Command operates Joint Task Force Bravo, where major search and rescue teams and fire squads are on standby. They were never dispatched.

Capt. Candace Allen, a spokeswoman for Joint Task Force Bravo, said they can only send what they're asked for, so throughout the night they sent surgical masks, flashlights and glow sticks. No one asked for firefighters.

On Thursday morning, officials continued their investigation at the prison, where murals of Catholic saints, Jesus Christ and psalms stand out in an otherwise miserable place. Two palm trees flank the front entrance where a sign reads: "Let there be justice, even if the world perishes."

Honduran authorities were investigating several separate allegations from prisoners about the cause of the fire, including the suggestion that it was caused by an electrical short and not arson.

Duarte said investigators had also been told that some prisoners had paid guards to set the fire in order to create chaos and allow a prison break.

"All of this isn't confirmed, but we're looking into it," he told The Associated Press.

"Conditions at Comayagua? I'd have to say among the worst in Honduras," said Ron W. Nikkel, president of Prison Fellowship International who visited the facility in 2005. "It was very congested, there's not enough food, it's dangerous and dirty."

The U.S. State Department has criticized the Honduran government for harsh prison conditions, citing severe overcrowding, malnutrition, and lack of adequate sanitation.

"The ready access of prisoners to weapons and other contraband, impunity for inmate attacks against nonviolent prisoners, inmate escapes, and threats by inmates and their associates outside prisons against prison officials and their families contributed to an unstable and dangerous penitentiary system environment," says the most recent State Department report on human rights in Honduras. "There were reports that prisoners were tortured or otherwise abused in, or on their way to, prisons and other detention facilities."

Human rights groups and the U.S. government also say inmates with mental illnesses, as well as those with tuberculosis and other infectious diseases, are routinely held among the general prison population.

Filmmaker Oscar Estrada, whose documentary "El Porvenir" focused on a 2003 Honduran prison riot, said the fire was one of several in recent years, including a 2004 blaze that killed more than 100 inmates.

"When fires break out, they will not open gates to release prisoners and they die inside. It's happened before. They haven't learned because this is a collapsing country, they're not interested in making change," he said.

Prison historian Mitchel P. Roth said fires pose a major challenge for prisons.

"Prisoners set fires in their cells all the time, either for attention, to attack someone, or some people just like fire," said Roth, a professor at Sam Houston State University in Huntsville, Texas.

Prisoners are typically locked in their cells while poorly trained guards may be scrambling to save their own lives, added Roth, who is writing a book about a 1930 fire in Ohio that killed 322 prisoners in just 30 minutes.

"There's rarely time to react as that smoke spreads," he said. "This was one of those tragedies waiting to happen."

Horror, mercy marked Honduras prison fire

Horror, mercy marked Honduras prison fire

Feb. 16, 2012 11:36 AM

Associated Press

COMAYAGUA, Honduras -- Hector Daniel Martinez was asleep in a small metal bed, one of dozens stacked so high in a narrow barrack that they nearly touched the roof, when the flames started.

The fire raced above Martinez's head, and he could hear the screams of prisoners.

Martinez, 32 and a homicide suspect, ran toward the barrack's single entrance. The door was locked. Most of the other 135 prisoners in the room ran toward the other end, where there was a bathroom with water and sinks.

It turned out to be a fatal choice. Martinez survived after a nurse came with the keys and opened the door. He was only one of 28 inside the barrack who did.

"One hundred and seven are dead," he said, his face conveying little emotion, as if a toll too difficult to believe.

In all, the fire at an overcrowded prison in Honduras killed 358 people, officials confirmed Wednesday, making it the world's deadliest prison fire in a century. The local governor said an inmate called her moments before the blaze and screamed that he was going to set the prison on fire.

Comayagua Gov. Paola Castro said she called the Red Cross and fire brigade immediately but firefighters said they were kept outside for half an hour by guards who fired their guns in the air, thinking they had a riot or a breakout on their hands.

As the investigation continued into the night, a group of inmates remained guarded by officers inside the prison grounds. They described a chaotic scene as the fire broke out and raced from one barrack to another, all filled with highly flammable curtains and mattresses.

When the fire was extinguished, all that remained of several barracks were the brick exteriors, painted with murals of Jesus Christ, saints and verses from the Book of Psalms. Inside, the metal cots, stacked four high and at least a dozen across, were charred and falling down.

At the end of each barrack was a bathroom with sinks and tubs. Wednesday evening, there were still numerous bodies inside several of the bathrooms.

In one large sink sat the bodies of two prisoners facing one another. Their remains were completely black.

Others were squished together, their bodies indistinguishable.

"In the other cells we found them in the same positions," said state prosecutor German Enamorado.

Selbim Adonay, 18, another homicide suspect, said he was trapped behind the metal door leading inside his barrack, unable to do anything as the flames spread and prisoners screamed.

"We couldn't do anything because we were locked inside," Adonay said. He was also released by the nurse.

Martinez said dozens of the prisoners in his barrack sought refuge from the heat in a bathroom, where the sinks and tubs were filled with water. Some may have tried climbing on top of one another to reach the roof, Enamorado said.

From the front entrance of the barrack, prisoners watched helplessly as the guard carrying the keys fled without opening the door.

"He threw the keys on the floor in panic," Martinez said, a dust mask hanging from his neck.

A prisoner who also served as a nurse picked up the keys and went from one barrack to another, opening doors in a barely survivable heat, Martinez said.

But by that time, it was already too late for hundreds of prisoners.

Arizona private prisons slammed by report

Source

Arizona private prisons slammed by report

Group: Facilities hard to oversee, aren't cost-effective

by Bob Ortega - Feb. 15, 2012 10:10 PM

The Republic | azcentral.com

Arizona's private prisons are not cost-effective for taxpayers and are more difficult to monitor than state prisons, according to a new report by a prison watchdog group that is calling for a moratorium on any new private prisons in the state.

The report examined the five prisons that have contracts to house Arizona prisoners and six private prisons that house federal detainees or inmates from other states, including California and Hawaii.

Based on public-information requests and other data, the report by the American Friends Service Committee, a Quaker group that works on criminal-justice reform, concluded that:

Arizona paid $10 million more for private prison beds between 2008 and 2010 than it would have for equivalent state beds.

Arizona's pending plan to contract for another 2,000 private-prison beds would cost taxpayers at least $38.7 million a year, at least $6 million a year more than incarcerating those inmates in state prisons. Plans to add 500 more maximum-security beds in state prisons would add almost $10 million a year to the bill. The report questioned whether those beds are needed, since the state's prison population has declined over the past two years by more than 900 inmates, to 39,854 as of Wednesday.

In the past three years, private prisons in Arizona have experienced at least 28 riots and more than 200 other "disturbances" involving as many as 50 prisoners. Many of these incidents had not previously been reported to the public.

State law doesn't require the six private prisons that hold federal detainees and prisoners from other states to inform state or local authorities in the event of an escape, a riot or other disturbance, or a death in custody. The American Friends Service Committee called for requiring all private prisons to disclose the same information as state prisons.

The report criticized a recent biennial study by the Arizona Department of Corrections that found that the quality and cost of private prisons compared favorably with those of state prisons. The committee noted that the Corrections Department study didn't include data about scores of security flaws found at some prisons after three inmates escaped in 2010 from the private Kingman prison; that the study didn't look at recidivism rates, deaths in custody, suicides or homicides; and that it downplayed the fact that private prisons had consistently higher turnover and staff vacancy rates and higher levels of inmate disciplinary reports.

Corrections officials previously had said inexperienced staff may have been a factor in the escapes from Kingman and in the inability of staff there to control the prison yard during a riot in May 2010. Dante Gordon, a former inmate at Kingman, said that guards there stood by and did nothing as more than 80 White inmates attacked and beat 25 Black inmates during that riot.

The report pointed out that reports every year since 2005 by the Corrections Department, along with others by the state's auditor general, concluded that private-prison beds on average have been more expensive; but that the most recent Corrections Department study changed the way it calculated expenses to include a "range" that it termed comparable.

The report also noted that lawmakers exempted two private prisons -- the Central Arizona Correctional Facility, run by GEO Group Inc., and the Cerbat unit at the Kingman prison, operated by Management and Training Corp. -- from state laws requiring private prisons to provide an equivalent or higher level of quality than the state.

"The state has deliberately obscured information that would cast private prisons in a negative light," wrote Caroline Isaacs, the author of the report and the Friends Committee program director in Tucson.

Corrections Department spokesman Bill Lamoreaux said the director, Charles Ryan, had not had sufficient time to review the report to reply to the issues raised.

"This is stale information peddled by familiar critics," said Steve Owen, spokesman for Corrections Corp. of America, which operates the six private prisons that are not under state jurisdiction. Many of the riots and disturbances took place at those six prisons, according to data the Friends Committee reported it had been provided by correctional officials from California, Washington and Hawaii. The committee also gleaned information from lawsuits filed against CCA by Hawaiian inmates.

Without responding to specific issues raised by the report, Owen said, "the safety and security of our facilities is of critical importance to us, and we take seriously the lives of the inmates and detainees entrusted to our care."

In response to questions during a press conference at the state Capitol on Wednesday, Isaacs said it had been difficult to obtain information about prison operations.

"The fact that this information is so difficult to obtain should give Arizona taxpayers pause about the lack of transparency and lack of accountability of private prisons," she said. Her group is calling for legislation to require stricter state oversight and reporting requirements for private prisons operating in Arizona. House Minority Leader Rep. Chad Campbell, D-Phoenix, said he has introduced six bills calling for better oversight and reporting, though he doesn't expect any of his bills to get a hearing.

Quartzsite police state????

Power struggle in Quartzsite spills into court, Internet

Legal filings and crude website mockery

by Dennis Wagner - Feb. 15, 2012 11:19 PM

The Republic | azcentral.com

A power struggle at Quartzsite Town Hall has now moved into the courts, with allegations that the municipal attorney is criminally prosecuting political enemies while smearing them on the Internet with spoof websites.

In recent weeks, two defense lawyers have filed motions in Quartzsite Magistrate Court accusing Martin Brannan, the town's lawyer, of conflicts and unethical conduct.

At the same time, La Paz County Attorney Sam Vederman has asked the FBI to investigate "potential systemic corruption" involving municipal leaders. In a Jan. 3 letter obtained by The Arizona Republic via a public-records request, Vederman said he believes residents of the town are being "targeted for arrest and prosecution simply because they are in political opposition" to town officials.

"I have a lot of concerns about what's going on in Quartzsite right now," Vederman said. "But to have any semblance of fairness, it (an investigation) can't be done by local officials."

An FBI spokesman declined to comment.

The legal contretemps involve opposing factions locked in a years-long struggle for control of a desert community that has a full-time population of about 3,500 and an estimated 2 million visitors annually.

The western Arizona town, which has been through a series of recall elections and courtroom battles over the past few years, made national news last year when a YouTube video showed an activist being dragged away in handcuffs after trying to discuss freedom of speech at a public meeting.

More than a half-dozen critics of the ruling group have been arrested -- many of them repeatedly -- in what dissidents say is a campaign of harassment. They were supported last year by most of the town's police officers, who signed a letter accusing Chief Jeff Gilbert of using his authority for political retaliation. Eight of those officers were fired and have sued the town in a pending federal court case.

Many of the criminal cases against dissidents arose from Town Council sessions at which they were accused of disorderly conduct, failing to obey police and malfeasance.

Three examples from public records:

In August, then-Mayor Ed Foster was arrested on orders of the police chief on suspicion of criminal malfeasance because he allegedly failed to adjourn a meeting after the majority of Town Council members walked out in protest. In his letter to the FBI, Vederman contends that charge was "politically motivated."

Jennifer "Jade" Jones, a local news publisher and outspoken critic of Quartzsite leadership, has been arrested at least five times in the past two years. In one case, she was hauled from a council meeting in handcuffs at the police chief's direction after speaking with the mayor's approval -- an arrest that the attorney general said violated Arizona's Open-Meetings Law. All the charges were subsequently dismissed, according to municipal court records.

Another dissident was arrested in April 2010 and accused of disrupting a meeting because he spoke disparagingly of the police chief, according to a Court of Appeals panel that threw out the conviction for lack of evidence.

After many of the charges against town critics were dismissed by prosecutors, the police chief sent an e-mail to the La Paz County attorney asking that he recuse himself due to bias. In a response, Vederman denied the request and wrote, "If you want to arrest people ... when there is no reasonable likelihood of conviction, that is your decision. However, I do not approve of it."

Gilbert told The Republic that accusations of selective or retaliatory enforcement are "absolutely false." He accused the former mayor, the publisher and their associates of being provocateurs who violate laws.

"These are all very legitimate criminal cases," he said. "The town has been under a constant barrage of attacks by a lot of propaganda."

Brannan and town officials other than Gilbert declined to comment.

Michael Frame, a lawyer who represents Foster, recently submitted three motions calling for Brannan to be removed as prosecutor due to alleged conflicts.

Frame noted that Brannan is the subject of an ethics complaint filed by Foster with the Arizona Bar. (The Bar is reviewing three complaints against Brannan, according to a spokesman who said the details are not public.)

Quartzsite's legal infighting is magnified by personal attacks and spoofs on the Internet, including crude sexual allegations against town critics. Frame's court filings allege that Brannan is responsible for Web postings at quartzsitebagger.wordpress.com and nedfraudster.info/wp that malign political foes with "false allegations and personal insults."

"Mr. Brannan is using his power as prosecutor to intimidate and bully the defendants for whom he has a personal bias against, in a fashion that is contrary to interests of justice, common decency and the law," Frame wrote.

The court motions were never ruled upon, Frame said, because Brannan withdrew as prosecutor and appointed special prosecutors to handle the cases before hearings could be held.

Frame's court complaints are supported in a motion filed last month by Matt Newman, another defense attorney who alleges that Quartzsite officials are "targeting certain individuals for prosecution due to their political views." Newman, an appointed public defender, asked to be relieved of all Quartzsite cases because the town's administration is so "tainted." He served as Quartzsite prosecutor for 12 years but was fired in April after refusing to press charges against a resident who, he asserted, was arrested for political activism.

Besides the policing conflicts, critics have assailed the town's administration for secrecy. Last year, the attorney general and state ombudsman found that Quartzsite leaders repeatedly violated Arizona laws governing public meetings and records.

Jones, the newspaper publisher, said state or federal investigators should step in to enforce the rule of law.

"It's really become an experiment in municipal government gone awry," she said. "Right now, these guys have a pass, and they're just laughing."

"We've got a wild West town here," former Mayor Foster added. "I'm concerned somebody's going to get pushed too hard and get a gun and come out shooting."

Key death-penalty foe to speak at Arizona events

Key death-penalty foe to speak at Arizona events

Activist, author to visit amid proposed state ban

by Michael Clancy - Feb. 15, 2012 09:59 PM

The Republic | azcentral.com

The nation's leading advocate for ending the death penalty will be in Arizona for several talks this weekend.

Sister Helen Prejean, whose transition to activism was described in her book, "Dead Man Walking," and dramatized in a movie of the same title, will address the Arizona Ecumenical Council, the Jesuit Alumni of Arizona, the Arizona Death Penalty Forum and the Coalition of Arizonans to Abolish the Death Penalty.

The sister, a member of the Congregation of St. Joseph, will be in Phoenix on Friday and Saturday, and in Tucson on Sunday.

Besides "Dead Man Walking," Prejean, 73, of New Orleans, also wrote "The Death of Innocents: An Eyewitness Account of Wrongful Executions."

Dan Peitzmeyer of the Arizona Death Penalty Forum echoes Prejean when he argues that the death penalty is cruel and ineffective.

"The more I have gotten involved, the more I meet people who have lost loved ones in violent crimes," he said. "I've found that execution does not assuage their grief."

He said utilizing capital punishment is similar to a parent spanking a child as punishment for hitting another child:

"We are murdering people to show murder is wrong," he said.

State Rep. Ed Ableser, D-Tempe, has proposed legislation this session that would ask voters to ban the death penalty in Arizona. House Republicans have not granted House Bill 2653 and House Concurrent Resolution 2048 hearings. Bills must have a public hearing to move forward.

Maricopa County Attorney Bill Montgomery says the death penalty is an appropriate response to the "unjustified taking of innocent human life."

"Our society has a responsibility to protect citizens from those who commit murder and an obligation to hold accountable those who commit the ultimate crime," he said.

Since 1976, when a nationwide ban on the death penalty was lifted, Arizona has executed 28 people. Currently, 130 people reside on death row in the state.

Robert Moorman is scheduled to be executed on Feb. 29, followed by Robert Towery on March 8.

A 2011 Gallup poll said 61 percent of Americans favored execution in cases of murder, with 35 percent opposed, the lowest level of support recorded by Gallup since 1972.With the alternative of life in prison without parole, support for the death penalty dropped substantially.

Gun rights exist even on campus

Gun rights exist even on campus

Feb. 15, 2012 12:00 AM

Arizona's three state university campus police chiefs have stated that, among the reasons to oppose allowing weapons on campus:

"Any report of a weapon being seen on campus will continue to activate a full response by law enforcement."

Oh, really? And since when did exercising a constitutional right become cause for a "full response by law enforcement"?

I suggest that any report of a weapon being seen on campus be ignored unless that weapon is being used or displayed in a threatening or reckless manner.

A holstered weapon should be treated with no more alarm than a student wearing a green shirt.

If the campus police are that bored, send them to the doughnut shop in the student union.

-- Kevin Walsh, Phoenix

Scottsdale police officer James Peters is a trigger happy murder???

Source

Police officer in Ariz. shooting has shot 6 others

By BOB CHRISTIE

Associated Press

PHOENIX (AP) — Authorities are investigating an Arizona officer's decision to shoot a man holding a baby, as officials point out that the same policeman had been involved in six previous shootings since 2002, five of them fatal.

James Peters was one of several Scottsdale officers called to a home in the Phoenix suburb on Tuesday night after neighbors reported a man holding a baby was threatening them with a handgun, Chief Alan Rodbell said.

John Loxas, 50, was shot and killed, but the infant he was holding was not harmed, he said.

Peters is a 12-year veteran of the police force who has served on its SWAT team. In three of his previous six shootings, other officers also fired at suspects.

A list compiled by The Arizona Republic shows Peters' first shooting was in 2002, when he was one of three SWAT officers who shot and wounded a domestic violence suspect after a standoff. Between 2003 and 2010, he was involved in five fatal shootings.

The Maricopa County Attorney's Office investigated his previous shootings and ruled them justifiable, Rodbell said. [Did you expect the cops who investigated him to come to any other conclusion???] In one instance, he received the department's medal of valor for killing a suspect who was holding a store employee hostage after hijacking a doughnut truck driver.

Not everyone agrees that Peters always acts appropriately.

Jason Leonard, a lawyer in Fort Myers, Fla., who represented the family of a man killed in 2006 by Peters and another officer, said he is concerned the city seems to support Peters even when his actions are questionable. [Duh! What else is new! Cops always get away with murder or any other crimes they commit!]

"My concern is that he seems to shoot first and ask questions later and has been supported in this policy," Leonard said. "I don't think he's going after innocent citizens, however, if you find yourself in a precarious situation, he seems to err on the side of escalating the violence."

Kevin Hutchings had gotten into a fight with a close friend in August 2006 and then left and drove to his house in Mesa, about 10 miles to the south. Officers had the friend call Hutchings at his house, and Scottsdale police went there, Leonard said.

While he was talking on the phone, police cut the power to flush him out, Hutchings came outside with a gun to investigate. Police said he shot at officers and they shot back. Leonard said officers never announced their presence. The family accepted a $75,000 settlement from the city. [In these settlements the government almost always says they did NOTHING wrong]

Police department spokesman Sgt. Mark Clark said investigators were looking into Peters' decision to shoot Loxas on Tuesday and why officers felt threatened or believed he was a threat to the child.

"There were at least three officers that were in a position to engage the suspect," Clark said. "At least one of the officers thought he saw something in the suspect's hand. So at this point in the investigation we want to make sure we have all of the officers' statements down."

Rodbell said the investigation will likely take weeks to complete. [Why does it take weeks to investigate a police shooting, when a shooting by one of us serfs only takes a few hours to investigate!] Afterward, the findings will be turned over to the Maricopa County Attorney's Office. [And you don't have to be a psychic to say that the shooting will be justified as they always are!]

Police said Loxas went back in his house after allegedly threatening the neighbors, then opened the door with the 9-month-old grandson in his arms but wouldn't come out.

Several officers called for him to come outside, but Loxas refused, Rodbell said. Peters shot Loxas in the head with a scope-equipped rifle from about 15 yards away when he leaned over and reached inside the house. [Wow! Sounds like a premeditated murder to me! But don't expect the piggy to be charged with any crime, or even fired]

Loxas died instantly, and fell with the baby in his arms, police spokesman Sgt. Mark Clark said. The baby was unhurt.

Police said a loaded handgun was tucked into the side of a chair a few feet inside the door, and a shotgun was also found nearby.

Rodbell promised a complete investigation into the shooting. [Too bad he didn't also promise that the investigation would say the cop did nothing wrong as it will when it is done!]

"A police officer's primary duty is to protect life. It is difficult for everyone when we are forced to take a life," Rodbell said. [What rubbish! The police attitude is that they are at war with us civilians and we are all their enemies!]

Mike Rains, a suburban San Francisco lawyer who represented officers involved in hundreds of shootings in the past 30 years, said one with so many shootings deserves extra scrutiny from his department and the public.

"Seven shootings is a hell of a lot," Rains said, noting that Peters is either very aggressive in taking calls that end up requiring him to shoot or he is quicker on the trigger than he should be. [Of course Rains forgets to ask the important question - Is Peters a trigger happy cop who gets his jollies murdering suspected criminals???]

In this case, the actions Loxas took in threatening his neighbors with a gun and refusing to come outside while holding a baby led to a legitimate concern by the officers, he said. He speculated that Loxas may have wanted police to shoot him in a so-called "suicide by cop."

Regardless, a more critical look at the officer and the shootings is important, Rains said. [But don't count on it. This police murder will be justified as they always are!]

"We can only hope that they have sufficient training and sufficient good judgment and common sense and reasoning to make good decisions," Rains said. "Because sometimes they don't and when they don't, people get injured and killed who don't deserve it."___

Associated Press writer Mark Carlson contributed to this report.

It's about MONEY, not crime!!!!

Source

Motel owner faces asset forfeiture despite innocence

By Editorial Board, Published: February 16

THE MOTEL CASWELL, a modest motel just outside of Boston, has been owned by proprietor Russell H. Caswell’s family for 60 years. Now he may lose it, if the Justice Department gets its way.

The motel is the target of an asset forfeiture proceeding that entitles the federal government to seize property that has been used in the commission of a crime. This is true even if the owner is not accused of criminal wrongdoing. Local law enforcement groups that team up with the federal government may be awarded up to 80 percent of the proceeds from such seizures. According to the Institute for Justice, which is representing Mr. Caswell, such “equitable sharing” payments from the federal government to states have increased dramatically in recent years, from $200 million in 2000 to roughly $400 million in 2008.

For owners not accused of a crime, federal seizure of assets is undue punishment.

A potential windfall is not the only reason local law enforcement organizations join in these proceedings. In many cases the federal law allowing civil asset forfeiture is more relaxed than local laws, which often set much higher bars before an owner may be stripped of his property.

Like many businesses in Tewksbury, the Motel Caswell has experienced its share of crime, or maybe more than its share. According to court documents and news reports, the Motel Caswell has been the scene of at least 100 drug investigations since 1994, which breaks down to about five per year. The federal government cites seven such cases between 2001 and 2008 as proof that the motel is the locus of criminal activity.

The government has never contended that Mr. Caswell took part in or benefited from these crimes. U.S. law enforcement officials say they have nothing against Mr. Caswell, just his property. In 2009, the Justice Department filed a case titled United States of America v. 434 Main Street, Tewksbury, Massachusetts. A government win could force the sale of the motel, which has been assessed at more than $1 million. The proceeds could be split between the federal government and the Tewksbury Police Department, which helped assemble the case. Mr. Caswell and the Justice Department squared off in court this week and are awaiting a judge’s decision on whether the case should proceed.

Federal law enforcement officials say public safety — and not money — is what motivates the move to seize crime-ridden properties such as Motel Caswell. They note that Mr. Caswell and others facing the loss of property have the opportunity to ward off seizures by showing that they are “innocent owners.” But this is problematic: While the federal government bears the burden of proving that the property in question was used “in any manner or part” in criminal activity, the burden then shifts to the owner to prove he had no connection to the crimes and that he took steps to prevent or mitigate against them.

There are better alternatives to address legitimate public safety goals. Most jurisdictions have nuisance laws that can be used to force owners to literally and figuratively clean up their properties. Criminal forfeiture proceedings entitle the federal government to seize property used in the commission of crimes or believed to have been purchased with illicit proceeds. But unlike civil asset forfeiture, criminal forfeiture can take place only if the government wins a conviction against the owner. This approach is by far the fairer process, providing the government with the tools it needs to thwart criminal enterprises while protecting innocent owners from possible exploitation and ruin.

East Valley Police 'Fusion center' in Mesa

Source

'Fusion center' brings together EV police agencies to share information

Posted: Thursday, February 16, 2012 1:37 pm

By Mike Sakal, Tribune

Nearly a decade ago, revered Mesa police sergeant Lance Heivilin had a vision for improving criminal investigations through an information sharing process not just within the city's jurisdiction, but on a regional basis.

Now, a larger and expanded operations center he conceived that first became a reality in 2007 on a smaller scale as the East Valley Gang and Criminal Information Fusion Center, will bear his name.

On Wednesday, the Sergeant Lance Heivilin East Valley Gang and Criminal Information Center was dedicated on the fourth floor of the Mesa Police Department's headquarters with numerous officials from the East Valley and state law enforcement agencies present. Through the center, they are part of streamlining the criminal investigation information gathering and sharing process to solve crimes.

The fusion center's space and computer systems anchored by COPLINK, referred to as the Google for law enforcement agencies, allows police departments to look through the reports of other agencies. It was helped along by a recent $250,000 grant from the Arizona Attorney General's Office. The newly upgraded center will include about five times the space (1,200-square-feet) that it formerly had on the third floor of Mesa police headquarters and twice the number of work stations (16) from its former space.

"It's (COPLINK) our bread and butter," said Chandler police Detective Mike Sloboda, who works in the center and was sifting through a list of names and addresses on his computer screen. "It lets us search everybody's database of reports and connect the dots."

Heivilin, who died of cancer at age 40 in January 2011, became a recognized expert of information sharing among law enforcement after he suffered a back injury on the job. Shortly before his death, Heivilin took his knowledge as a consultant to the San Francisco Police Department under then former Mesa police Chief George Gascón, who now serves as the San Francisco District Attorney.

The East Valley fusion center, which also produces an electronic bi-weekly newsletter to distribute among about 5,000 law enforcement officers on the streets in addition to numerous other databases showing criminals who need to be identified and located quickly, is following suit of what law enforcement agencies in other parts of the state did a number of years ago. It is a transformation of a once-closed culture of East Valley law enforcement agencies that kept information from investigations close to the vest.

"Before, officers were afraid that sharing information would hurt the integrity of their case and someone else would make the arrest," said Mesa police Sgt. Chuck Trapani. "Now, we're narrowing criminal suspects down by putting key words in search like bald head, tattoos on arm and the type of car they drive. Apache Junction put information on a criminal in the system recently, and within two days, Mesa said they had arrested him in another crime. For example, a bank robber doesn't just rob banks in one city. He'll go to another city and rob another bank. Each department has a piece of the puzzle in solving these crimes."

Gilbert police Chief Tim Dorn said, [I wonder is Tim Dorn related to that alleged Libertarian David Dorn???] "We don't care who gets the credit. We care about the bad guys going to jail."

Overall, the fusion center houses police officials from seven police jurisdictions throughout the East Valley as well as a representative from Maricopa County Adult Probation, the Bureau of Alcohol, Tobacco, Firearms and Explosives and a representative from the Department of Homeland Security.

The Apache Junction Police Department and Salt River Pima-Maricopa Indian Community Police Department recently became members of the fusion center.

"It's not about the room, but the people in the room," said Mesa police chief Frank Milstead. "Something like this doesn't happen without a lot of mayors, council members and departments working together. The key to making this a success is relationships and communication."

Among the databases available to law enforcement are HIDTA (High Intensity Drug Trafficking Areas) that contain photographs and information from drug dealers; RMIN (Rocky Mountain Information Network) containing information about criminals in Colorado, Utah, Montana and Idaho; and AZTIC (Arizona Crime and Terrorism Information Center).

"We want to make it as uncomfortable as possible for bad people to live in our cities," Milstead said.

Also at the center's dedication ceremonies were Heivilin's widow, Jennae Heivilin, their children, and his brother, Myles Heivilin, a police detective in Arvada, Colo., who said it helped having a brother like Lance in his capacity as Colorado has nothing like a fusion center.

"Having a center like this was something he talked about all the time," Jennae Heivilin said.

Contact writer: (480) 898-6533 or msakal@evtrib.com

La Migra supervisors shoot it out in Long Beach federal building

Source

Immigration agent shootings involved 3 supervisors, sources say

February 17, 2012 | 7:47 am

All three people involved in a deadly shooting Thursday at a Long Beach federal building were supervisors with the federal immigration agency, sources with knowledge of the investigation told The Times.

Investigators are trying to determine the cause of the shooting that left one person dead and another seriously injured and whether it was related to some kind of personal dispute or a professional confrontation, according to the sources, who spoke on the condition of anonymity because the case was ongoing.

The sources said the gunman had a lower rank than the two other supervisors.

One Immigration and Customs Enforcement agent in the Glenn M. Anderson Federal Building near the oceanfront died at the scene Thursday night and the other was in stable condition.

One agent fired repeatedly at the other shortly before 6 p.m. With one supervisor wounded, a third intervened and opened fire on the gunman, who was pronounced dead at the scene, according to law enforcement authorities.

The male agent who killed the gunman was uninjured. The wounded agent was taken by a Long Beach Fire Department ambulance to nearby St. Mary Medical Center. The scene outside the multistory building at Ocean Boulevard and Magnolia Avenue was marked by confusion as police and federal agents descended on the site.

As investigators gathered evidence Thursday night and interviewed witnesses, Luis Martinez watched from a parking lot booth across from the federal building where he works as a cashier.

Drawn by the sound of screeching tires, Martinez said, he walked to the building and saw at least four SUVs stopping outside the main entrance. Then Martinez said he saw several police officers storm in.

"Some people were running out and there were two ambulances in the middle" of the street, said Martinez, 25.

Formed in 2003, ICE is the main investigative arm of the Department of Homeland Security and has agents across the United States and in dozens of foreign countries.

The agents are involved in immigration enforcement, customs inspections, and efforts that target gang members and traffickers who move people and illegal goods into the United States.

Another imaginary terrorist plot created by the FBI

Terror suspect arrested near U.S. Capitol

Feb. 17, 2012 01:06 PM

Associated Press

WASHINGTON -- A 29-year-old Moroccan man was arrested Friday in an FBI sting operation near the U.S. Capitol while planning to detonate what police said he thought were live explosives.

Amine El Khalifi of Alexandria, Virginia, was taken into custody with an inoperable gun and inert explosives given to him by the FBI, according to a counterterror official.

Justice Department spokesman Dean Boyd said the suspect was closely monitored by law enforcers, and the public was not in danger.

El Khalifi had been under investigation for about a year and had overstayed his visitor visa for years, according to the counterterror official and a government official briefed on the matter who spoke on condition of anonymity because the investigation is under way.

The law enforcement official said El Khalifi changed his mind about his intended target several times but ultimately decided on the Capitol after canvassing the area a couple of times. He is not believed to be associated with the terror group al-Qaida.

Two people briefed on the matter told The Associated Press he was not arrested on the Capitol grounds, and the FBI has had him under surveillance around the clock for several weeks. They spoke on a condition of anonymity because they were not authorized to speak publicly.

Sheriff Paul Babeu is gay?????

Of course we have nothing against gay folks. But the problem is Babeu is one of those Republican nut jobs who wants to use government to force his Christian family values on us, and if he is gay it means he is a hypocrite.

And of course if the article is true Babeu is also a hypocrite for threatening people.

Source

Article's claim: Babeu threatened ex-lover

by Rebekah Sanders, Dan Nowicki, Ronald J. Hansen and Lindsey Collom

Feb. 18, 2012 12:06 AM

The Republic | azcentral.com

Pinal County Sheriff Paul Babeu, a Republican rising star and a leading candidate for Congress, is facing accusations that he and his attorney threatened to deport a Mexican former lover of Babeu's if the man refused to agree to not disclose the relationship, according to explosive revelations published Friday by Phoenix New Times.

In a meeting Friday with The Republic, Babeu and his attorney and campaign manager, Chris DeRose, denied the allegations reportedly made by an accuser identified only as "Jose" by the alternative weekly newspaper. Babeu said he knew the man as a campaign volunteer who had improperly accessed his campaign website without permission.

DeRose provided The Arizona Republic with a copy of a cease-and-desist order that he said was sent to the former campaign volunteer Sept. 6 demanding that he stop accessing the website.

An immigration attorney that New Times identified as representing Jose, Melissa Weiss-Riner, confirmed to The Republic that the man was a client but declined to discuss specifically why she was representing him.

"He did come in and retain me late last year based on threats and intimidation, and he wanted an attorney to help protect him,'' Weiss-Riner said. She declined to say whether any legal action was pending in the matter.

The Republic could not reach the man identified as Jose by Babeu and DeRose.

Babeu declined to respond to questions about whether he and the man had had a romantic relationship, saying he would not discuss his personal life.

Babeu acknowledged Jose was a campaign volunteer who helped on his first campaign for the Sheriff's Office in 2008.

Since winning that office, Babeu achieved national attention as a border-security hawk after appearing in a widely seen 2010 campaign television commercial for U.S. Sen. John McCain.

The accusations in the New Times story come as the Republican primary race in Arizona's new 4th Congressional District has taken shape and is heating up. Babeu is running in the GOP- dominated western Arizona district against U.S. Rep. Paul Gosar and state Sen. Ron Gould, R-Lake Havasu City.

In the New Times article by Monica Alonzo, Jose charges that DeRose pressed him to sign a legal agreement that would require him to keep quiet about their relationship.

He also says that DeRose warned him that any chatter about the story could imperil his immigration status.

In the story, Jose's lawyer, Weiss- Riner, says DeRose wrongly claimed that Jose's visa had expired.

Weiss-Riner confirmed her client's version of events to The Republic.

In an interview Friday with The Republic, Babeu and DeRose said neither of them threatened Jose with deportation or engaged in pressure against him. Babeu said he had no reason to think Jose was in the country illegally.

Babeu and his attorney acknowledged sending the cease-and-desist letter and communicating with Jose's attorney several times after that.

"That never happened," Babeu said, referring to the alleged deportation threat or any other intimidation.

Babeu said no money was ever provided to Jose beyond small reimbursements for campaign work.

DeRose said Babeu believes any communication with Jose was on Babeu's personal phone and e-mail.

The cease-and-desist letter provided by DeRose demanded that Jose delete offensive material from the sheriff's re-election campaign website and social- media accounts, return control of the sites to the campaign and refrain from taking control of the sites or posting offensive material on the sites in the future. Otherwise, the letter says, they would sue him.

DeRose said Jose's responded within a day that the content had been deleted and control of the social- media sites had been restored to the campaign. According to DeRose, the attorney said Jose paid for the campaign website without reimbursement from the campaign. DeRose said they offered to pay for whatever the website cost.

In the New Times article, the man describes a romantic relationship that ended after he saw what he said was Babeu's profile on a gay dating website. The article included photos, including some that appeared to be of Babeu shirtless, and described other, more revealing photos.

It also showed text messages that the man claimed showed discussions he had with Babeu last year. The article said the text messages appeared to come from Babeu's work cellphone.

When asked if the text messages or photos described in the New Times article were authentic, Babeu said that was a private issue that he would not go into. DeRose said some things in the story were inaccurate or exaggerated, but he would not provide details, saying it would further the "falsehoods."

When asked how Jose came to work on his campaign, Babeu said, "I had known him. ... I had seen him on a personal level."

The potential fallout of the allegations to Babeu's political career was not immediately clear late Friday.

DeRose said Jose's credibility is dubious because he defaced Babeu's campaign websites. Even so, Babeu and his lawyer indicated Friday that they had no plans to take legal action against Jose.

DeRose first contacted a Republic reporter Friday afternoon, before the story was posted on New Times' website. A reporter met with the attorney and Babeu in person.

During the interview, the New Times article appeared online, and Babeu read it on a smartphone, shaking his head as he read.

Afterward, his face appeared to strain with emotion. He stepped away to talk with DeRose.

Babeu and DeRose said they did not think the story would derail his political prospects.

"This (story) is not going to make a bit of difference" to voters, DeRose said.

"My personal life is exactly that," Babeu said.

One issue that may arise from the story is whether voters will question the judgment of a congressional candidate if he posted revealing photos online.

Rep. Anthony Weiner, D-N.Y., quit in June after eventually admitting that he had inadvertently posted a photo of his crotch on Twitter. Rep. Chris Lee, R-N.Y., resigned in February 2011 after a gossip website published a shirtless photo he took of himself.

Babeu said he should be judged by his service in the military reserves, as a police officer and as a sheriff and by the "value" he has brought to his community. Babeu said the story would not matter to voters in the 4th District who are more concerned about issues such as jobs and the federal debt.

DeRose said the New Times provided him only two hours to respond to questions for their story.

DeRose added: "Babeu is a single man. ... He's got a right to live his life. ... No American in the 21st century should ever be called upon to respond (to such stories)."

The late-breaking Babeu story lit up Twitter on Friday evening. Sides largely broke down along partisan and ideological lines. Some users suggested Babeu is a Republican hypocrite over the immigration issue.

Pete Rios, chairman of the Pinal County Board of Supervisors and a Democrat, said given what's reported in the New Times story, "Sheriff Babeu should resign immediately."

Tom Thurman, founder of the Highway 69 Republicans in Prescott Valley, which recently heard from Babeu at a meeting, said that he hadn't read the story and that its claims, until proved to him, were "conjecture."

Bruce Nave, an Apache Junction contractor who donated $2,500 to Babeu's campaign in December, said the allegations are "totally out of character" for the sheriff.

"If it's true, then it's an issue he'll have to deal with," said Nave, who said he worried the matter could make Babeu unelectable to many voters. Nave, 58, said he has supported Babeu because of the leadership he has shown as sheriff. v "It comes down to responsibility in office," he said.

This is the article published by the Phoenix New Times that accuses Pinal County Sheriff Paul Babeu of being gay, and of threatening his lover.

Citizens protest Scottsdale Police Murder of John Loxas

Source

Scottsdale sees protest vs. police officer

by Beth Duckett - Feb. 17, 2012 05:59 PM

The Republic | azcentral.com

About 60 demonstrators marched down the streets of downtown Scottsdale Friday night to protest a police officer who fatally shot a man earlier this week and has been involved in seven shootings since 2002, six of them fatal.

The protesters, who were dressed in black, demanded the dismissal of Officer James Peters, who on Tuesday fatally shot John Loxas, 50, while the man was holding his grandchild.

Peters was one of several officers who responded to the call near the 7700 block of East Garfield Street, in south Scottsdale. He is on administrative leave.

The demonstrators gathered at 7 p.m. at Scottsdale and Indian School roads to make the half-mile trek to a Scottsdale Police Department station at 3700 N. 75th St.

Mike Bakunin, a downtown Scottsdale resident who helped publicize the event, said it is "outrageous" that a police officer has killed six people "and nobody is really asking the questions."

The demonstration was meant to "not only confront the police," Bakunin said, but also show the "citizens and government that we're going to be here, and we're not going away."

Nestor Makhno, from Tempe, one of the organizers, said he was participating because he was "tired of police brutality. I'm tired of them operating with complete immunity. There's never any justice."

In Tuesday's incident, police were called to the house by a neighbor who said Loxas had pointed a gun at someone while yelling.

Police said Loxas appeared to be going back into the house after initially coming out when officers arrived. Peters fired his shotgun in order to save the 9-month-old boy after it appeared Loxas had an object in his hand. The shot struck Loxas in the head.

Police determined Loxas was not holding a gun, but they found a loaded pistol and shotgun inside the house, as well as several "Airsoft'' guns and what was described as an improvised explosive device.

On a Facebook page for the Friday protest, critics demanded that Peters be fired and charged with murder.

They asked that "the top brass of the Scottsdale PD be investigated for conspiracy."

"This event is decentralized, spontaneous and fueled largely by the pure outrage that people feel about an unarmed man with a child being shot by a serial-killing police officer," Tyburn Gallows, of Tempe, said on the social-networking site.

Police officers were aware of the protest beforehand and monitored the scene in Scottsdale's busy downtown-entertainment district.

Sgt. Mark Clark, a Scottsdale police spokesman, said the department contacted event planners on Thursday, part of its standard procedure to "reach out to planners ... and establish expectations on both sides and make sure their rights to protest are protected."

Clark said the department cannot react to the shooting until the investigation and due process are finished.

Each of Peters' previous shootings was determined justified through an internal investigation as well as an external investigation by the Maricopa County Attorney's Office. He was honored in at least one of the cases for saving a hostage.

Scottsdale Fraternal Order of Police Vice President Ryan McKinnon issued a statement on Friday, calling this week's shooting "deeply tragic, as is any encounter that results in the loss of a life."

"Just as every police-involved shooting is investigated thoroughly and objectively, so will the events of Feb. 14 be investigated," McKinnon said. "The more than 325 members of the Scottsdale Fraternal Order of Police hope that, as we await the results of that investigation, calm will prevail in our city and no one will rush to judgment about what happened that night or about our colleague, Officer James Peters."

Scottsdale Mayor Jim Lane also issued a statement, expressing his sympathies to "everyone who has been affected by the recent officer-involved shootings in Scottsdale." He noted that the incidents are under investigation "by both internal and external agencies."

"The public's concern is understandable, but I encourage every citizen to refrain from reaching any conclusion before the thorough investigations of these incidents have been completed," Lane said.

Drones Set Sights on U.S. Skies

Drones Set Sights on U.S. Skies

By NICK WINGFIELD and SOMINI SENGUPTA

Published: February 17, 2012

WOODLAND HILLS, Calif. — Daniel Gárate’s career came crashing to earth a few weeks ago. That’s when the Los Angeles Police Department warned local real estate agents not to hire photographers like Mr. Gárate, who was helping sell luxury property by using a drone to shoot sumptuous aerial movies. Flying drones for commercial purposes, the police said, violated federal aviation rules.

“I was paying the bills with this,” said Mr. Gárate, who recently gave an unpaid demonstration of his drone in this Southern California suburb.

His career will soon get back on track. A new federal law, signed by the president on Tuesday, compels the Federal Aviation Administration to allow drones to be used for all sorts of commercial endeavors — from selling real estate and dusting crops, to monitoring oil spills and wildlife, even shooting Hollywood films. Local police and emergency services will also be freer to send up their own drones.

But while businesses, and drone manufacturers especially, are celebrating the opening of the skies to these unmanned aerial vehicles, the law raises new worries about how much detail the drones will capture about lives down below — and what will be done with that information. Safety concerns like midair collisions and property damage on the ground are also an issue.

American courts have generally permitted surveillance of private property from public airspace. But scholars of privacy law expect that the likely proliferation of drones will force Americans to re-examine how much surveillance they are comfortable with.

“As privacy law stands today, you don’t have a reasonable expectation of privacy while out in public, nor almost anywhere visible from a public vantage,” said Ryan Calo, director of privacy and robotics at the Center for Internet and Society at Stanford University. “I don’t think this doctrine makes sense, and I think the widespread availability of drones will drive home why to lawmakers, courts and the public.”

Some questions likely to come up: Can a drone flying over a house pick up heat from a lamp used to grow marijuana inside, or take pictures from outside someone’s third-floor fire escape? Can images taken from a drone be sold to a third party, and how long can they be kept?

Drone proponents say the privacy concerns are overblown. Randy McDaniel, chief deputy of the Montgomery County Sheriff’s Department in Conroe, Tex., near Houston, whose agency bought a drone to use for various law enforcement operations, dismissed worries about surveillance, saying everyone everywhere can be photographed with cellphone cameras anyway. “We don’t spy on people,” he said. “We worry about criminal elements.”

Still, the American Civil Liberties Union and other advocacy groups are calling for new protections against what the A.C.L.U. has said could be “routine aerial surveillance of American life.”

Under the new law, within 90 days, the F.A.A. must allow police and first responders to fly drones under 4.4 pounds, as long as they keep them under an altitude of 400 feet and meet other requirements. The agency must also allow for “the safe integration” of all kinds of drones into American airspace, including those for commercial uses, by Sept. 30, 2015. And it must come up with a plan for certifying operators and handling airspace safety issues, among other rules.

The new law, part of a broader financing bill for the F.A.A., came after intense lobbying by drone makers and potential customers.

The agency probably will not be making privacy rules for drones. Although federal law until now had prohibited drones except for recreational use or for some waiver-specific law enforcement purposes, the agency has issued only warnings, never penalties, for unauthorized uses, a spokeswoman said. The agency was reviewing the law’s language, the spokeswoman said.

For drone makers, the change in the law comes at a particularly good time. With the winding-down of the war in Afghanistan, where drones have been used to gather intelligence and fire missiles, these manufacturers have been awaiting lucrative new opportunities at home. The market for drones is valued at $5.9 billion and is expected to double in the next decade, according to industry figures. Drones can cost millions of dollars for the most sophisticated varieties to as little as $300 for one that can be piloted from an iPhone.

“We see a huge potential market,” said Ben Gielow of the Association for Unmanned Vehicle Systems International, a drone maker trade group.

For Patrick Egan, who represents small businesses and others in his work for the Remote Control Aerial Photography Association in Sacramento, the new law also can’t come fast enough. Until 2007, when the federal agency began warning against nonrecreational use of drones, he made up to $2,000 an hour using a drone to photograph crops for farmers, helping them spot irrigation leaks. “I’ve got organic farmers screaming for me to come out,” he said.

The Montgomery County Sheriff’s Department in Texas bought its 50-pound drone in October from Vanguard Defense Industries, a company founded by Michael Buscher, who built drones for the army, and then sold them to an oil company whose ships were threatened by pirates in the Gulf of Aden. The company custom-built the drone, which takes pictures by day and senses heat sources at night. It cost $300,000, a fraction of the cost of a helicopter.

Mr. McDaniel said his SWAT team could use it for reconnaissance, or to manage road traffic after a big accident. He said he regretted that he didn’t have it a few months ago, to search for a missing person in a densely wooded area.

Mr. Buscher, meanwhile, said he was negotiating with several police agencies. “There is tremendous potential,” he said. “We see agencies dipping their toes.”

The possibilities for drones appear limitless. Last year, Cy Brown of Bunkie, La., began hunting feral pigs at night by outfitting a model airplane with a heat-sensing camera that soared around his brother’s rice farm, feeding live aerial images of the pigs to Mr. Brown on the ground. Mr. Brown relayed the pigs’ locations by radio to a friend with a shotgun.

He calls his plane the Dehogaflier, and says it saves him time wandering in the muck looking for skittish pigs. “Now you can know in 15 minutes if it’s worth going out,” said Mr. Brown, an electrical engineer.

Earlier this month, in Woodland Hills, Mr. Gárate, the photographer, demonstrated his drone by flicking a hand-held joystick and sending the $5,000 machine hovering high above a tennis court. A camera beneath the drone recorded lush, high-definition video of the surrounding property.

Bill Kerbox, a real estate agent in Malibu who hired Mr. Gárate for several shoots before the L.A.P.D. crackdown, said that aerial video had helped him stand out from his competitors, and that the loss of it had been painful.

Mr. Gárate, for now, plans to work mainly in his native Peru, where he has used his drone to shoot commercials for banks. He said he was approached by paparazzi last year about filming the reality television star Kim Kardashian’s wedding using a drone, but turned down the offer. “Maybe the F.A.A. should give a driver’s license for this, with a flight test,” he said. “Do a background check to make sure I’m not a terrorist.”

Photo Radar Bandits 0 - The People 1

Court reverses red-light camera conviction

Written by Dana Littlefield

3:15 p.m., Feb. 17, 2012

A court ruling that reversed a red-light camera conviction for a Los Angeles woman could have implications for drivers throughout California, including San Diego County, a local attorney said.

Last month, the state’s 2nd District Court of Appeal in Los Angeles agreed with the woman’s argument that a Beverly Hills police officer who testified at her traffic court trial was unqualified to do so because he was not the one who monitored and calibrated the red-light camera that cited her.

Instead, Annette Borzakian — an attorney who represented herself in the case — argued that the government should have presented testimony from a technician or records keeper from Redflex Traffic Systems, the company that installed the camera.

Borzakian was cited in June 2009 for allegedly failing to stop at a red light at the intersection of Beverly Drive and Wilshire Boulevard.

Mitchell Mehdy, a San Diego lawyer billed on his website as “Mr. Ticket,” said that although Borzakian’s argument isn’t new, the appellate court decision in her case is significant.

Most often, the attorney said, defendants who choose to fight red-light camera tickets in court have to try to refute testimony from a police officer armed with photos and other printed data provided by the camera company.

The officer typically would have no personal knowledge of the camera’s accuracy.

“If you’re going to allow a fight, do it on a fair basis and equitable basis,” Mehdy said. “You can’t question a piece of paper.”

He said he expects the court’s opinion to be cited in many other red-light ticket cases, and could lead to several dismissals.

“I think that it could actually be applied in every case,” Mehdy said. “I think that a number of judges are going to follow this decision on a case-by-case basis.”

Jonathan Heller, a spokesman for San Diego City Attorney Jan Goldsmith, said evidence in red-light camera cases is handled differently here than in Los Angeles. He said certain witnesses who testify on the government’s behalf are ordered by the court to bring evidence and a detailed affidavit by the custodian of records at American Traffic Solutions, the Arizona company that provides San Diego’s red-light cameras.

“By following these procedures, the courts have consistently held our evidence to be admissible,” Heller wrote in an email.

Nine cities in San Diego County use red-light cameras. The others are Del Mar, El Cajon, Encinitas, Escondido, Oceanside, Poway, Solana Beach and Vista.

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