Monday, February 28, 2011

Articles for 28 Feb 2011

DEA Runs Out Of Funds To Aid Local Methamphetamine Lab Cleanups


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Local law enforcement authorities may no longer be able to get aid from a federal program that funds cleanups of hazardous methamphetamine labs, reports the Scottsboro (Al) Daily Sentinel. "Right now, all we can do is the best we can," said Jackson County, Al., Sheriff Chuck Phillips. The federal program began in the mid-1990s. The Drug Enforcement Administration had $10 million to spend on it in fiscal year 2010 (funds obtained from the federal COPS program), but funding was not included in President Obama's recommended budget for the current fiscal year.


On average, a meth lab cleanup costs $2,500, said Scottsboro Police Lt. Scott Matthews. In the past DEA was called after an arrest was made, and the federal agency sent a cleanup crew to the scene. Jackson County District Attorney Charlie Rhodes said the lost funding will affect every law enforcement agency. Meth labs leave behind hazardous chemicals and toxic waste that can linger for days if not properly cleaned up and removed. DEA says every pound of meth produced can yield up to five pounds in toxic waste. Rhodes said local officers can't just throw the lab into an empty dumpster or pour liquids on the ground. "There are significant limitations to what we can do with collecting and disposing of the material," he said Rhodes




Statements To Police By Victim Who Later Died Are Admissible, High Court Says


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In a new interpretation of the Constitution's Confrontation Clause, a divided Supreme Court ruled today that a statement given to police by a wounded crime victim may be admitted as evidence at the trial if the victim dies before trial and thus does not appear, reports Scotusblog.com. The 6-to-2 opinion written by Justice Sonia Sotomayor said that a statement that identified the shooter was made for the primary purpose of enabling enable police to deal with an emergency rather than the primary purpose of producing evidence of the crime.


Four years ago, the Supreme Court ruled that a statement resulting from a police interrogation may be presented at trial, even if the witness is unavailable to testify, if its "primary purpose" was to meet an "ongoing emergency." Today's case overturned a lower court ruling in a Michigan case that said statements to police by wounded victim Anthony Covington about defendant Richard Bryant were inadmissible. in a dissent, Justice Antonin Scalia, who has been a strong defender of a defendant's right to confront an accuser, said that today's ruling "distorts our Confrontation Clause jurisprudence and leaves it in a shambles."




Baltimore Police Reviewing Towing Contract After Officers Probed Over Kickbacks


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Baltimore police commissioner Frederick Bealefeld is demanding a review of the decades-old practice of funneling the city's multimillion-dollar towing business to a small circle of companies without requiring them to compete for contracts, the Baltimore Sun reports. A federal probe that netted 30 Baltimore police officers in an alleged kickback scheme involving an uncertified tow company has also triggered scrutiny of the city's $4 million towing business. While the 10 city-certified companies were not implicated in the investigation, the case has shone a spotlight on the arcane and poorly documented process of awarding the lucrative contract.


The companies - known as "medallions" for the police-issued stickers affixed to their trucks - have had a lock on the city's towing business for at least three decades, elbowing out competitors by expanding their fleets to cover more territory. Bealefeld refused last week to sign a contract that would have renewed the 10 companies' agreement with the city for two years. "We need to get our house in order and figure out what's going on," said spokesman Anthony Guglielmi. "From what we can gather, it's a pretty old system that could probably use some updating." City officials were unable to explain the system by which the 10 companies have been awarded the contract - or why the process of obtaining a medallion is not competitive. Officials say the arrangement benefits the city by guaranteeing quick response and safe service for vehicles that have been disabled in an accident or are illegally parked.




Tallying, Dealing With "Suicide By Cop" A Law Enforcement Challenge


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There are few circumstances more terrifying for a police officer than facing a person with nothing to lose. In the past few years, suicide by cop has become not so much a problem to be solved, but a catchy phrase that has taken on a life of its own, with the media and police spokespeople floating it as a possible explanation for a wide range of officer-involved shootings, says The Crime Report.


Only a few researchers have attempted to quantify how many of the 350 to 400 people cops kill each year actually wanted to die. Depending on the definition, somewhere between 35 and 120 people in the U.S. use the police as instruments of their own destruction every year. Still, hundreds of shootings are called "suicide by cop" in the media and occasionally by law enforcement agencies looking to justify a questionable civilian death. "There is still no uniform definition of suicide by cop," says Anthony Pinizzotto, a former FBI forensic psychologist. "There are no criteria by which to judge whether it's suicide by cop, and there are no strategies to offer law enforcement to say this is how you go about investigating a suicide by cop." Crisis intervention, developed in Memphis in the early 1990s, includes officer training as well as tight police cooperation with community hospitals, mental health workers and advocacy groups. It is considered the gold standard for preparing police to respond to community members with mental illness, including people bent on committing suicide by cop. Only 10 percent of the nation's 15,000 police departments offer a crisis intervention program.




Will Somali Killings Be A "9/11 Moment" In International Fight Against Pirates?


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Until four Americans died after they were captured by Somali raiders, most nations considered pirates a nuisance, NPR reports. The world's navies catch and release hundreds of pirates off the African coast every year, and no one has worried too much about it. The killings represent a new level of violence in the thriving high seas enterprise. Fifteen pirates are in custody in the incident, many of them headed to the U.S. to face criminal charges. Experts say that may be the worst option in fighting the piracy problem.


Nikolas Gvosdev, who teaches at the U.S. Naval War College, said the killings could be a "9/11 moment," like when passengers and airlines decided they had to fight back against hijackers. "The question is whether or not we've reached that tipping point in the waters off Somalia, where shipping companies and governments and the public say we can't tolerate this anymore," he said. What has to be done is the subject of a review by the Obama administration, and debate in the military and legal communities. Governments worked together to stamp out privacy more than a century ago, only to see it return in full force, says lawyer David Rivkin. "We're talking about something that's come back," Rivkin says. "It's like a disease that's been virtually eradicated, that [has] sprung back and is just spreading like wildfire." He says international cooperation is the solution, and has called on the U.N. Security Council to create a special tribunal to handle pirates.




Would Obama Juvenile-Justice-Aid Plan Cause Some States To Opt Out?


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The new juvenile justice funding plan proposed in President Barack Obama's 2012 budget suggests that states with a track record on reform would be in pole position for federal funding while other states might not even get to the starting line, reports Youth Today. the U.S. Office of Juvenile Justice and Delinquency Prevention said Obama's "Race to the Top-style" plan for 2012 juvenile justice funding is designed to reward "states that demonstrate the highest achievement in key juvenile justice reforms." The minimal details of the plan released in the budget has brought immediate criticism from some juvenile justice advocates.


The $120 million Juvenile Justice System Incentive Grants would replace the Juvenile Accountability Block Grants and the Formula Grants, which are awarded to each state contingent upon its compliance with four requirements of the Juvenile Justice and Delinquency Prevention Act: deinstitutionalization of status offenders, jail removal, sight and sound separation, and reducing disproportionate minority contact. OJJDP says the incentive grants would reward states that "go beyond minimal compliance with basic mandates." Former OJJDP director Shay Bilchick, now at Georgetown University, called the plan "a misguided structure. It takes a formula program connected to all states" and creates a 'based-on' requirement for discretionary funds where many states might not get anything." One state juvenile justice specialist believes a switch from money-for­-compliance to money-based on-compliance would cause many states to opt out of the process entirely.




Colorado May Opt Out of Compying With Adam Walsh Sex Offender Law


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A lack of cash and philosophical objections have kept Colorado law enforcement agencies from implementing federal rules that would require more criminals to register as sex offenders for longer periods of time, says the Denver Post. Complying with the federal Adam Walsh Act by July 1 would bring Colorado close to $500,000 in federal grant money. Opponents argue that it will cost far more than that federal grant amount to comply with the rules. A national chorus of state government groups and research institutions has raised concerns about the way the federal law treats juvenile offenders, potential constitutional conflicts and data showing sex-offender registration doesn't prevent repeat offenders.


Says Laurie Kepros, who oversees sexual offenses for the state public defender office, "It's just not going to be cost-effective, and does it do us any good in terms of public safety?" Congress passed the law in 2006 in an attempt to organize hundreds of sex-offense statutes in 50 states into three uniform categories that indicate the crimes' severity. The legislation establishes registration and reporting standards for those categories - in many cases more stringent than state requirements - and compels local law enforcement to do more to communicate with other jurisdictions when offenders are on the move. Colorado's Sex Offender Management Board in 2008 advised against compliance with the federal law, but nonetheless acknowledged the benefits of a single, unified reporting and tracking system. Though the federal government has pushed for five years for states to tighten reporting requirements, so far only four have complied: Ohio, South Dakota, Florida, and Delaware.




Arizona Could Join Texas In Allowing Guns On Campuses


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About a dozen state legislatures, concerned about the potential for campus shootings, are considering arming their academies, the New York Times reports. Texas may be the most likely to pass such a measure, with Arizona, known for is gun-friendly ways, also in the mix. Arizona legislators are pushing three bills focused on arming professors and others over the age of 21 on campuses. Sponsors talk of how professors and students are now sitting ducks for the next deranged gunman to charge through the classroom door. Some gun rights advocates go so far as to say that grade school teachers ought to be armed as well.


Administrators and campus police chiefs at Arizona State University, Northern Arizona University and the University of Arizona have all expressed opposition to allowing guns. Faculty members are circulating petitions against guns as well. Most, but not all, students also appear opposed. The state's powerful gun lobby, with allies galore in the legislature, is pushing hard. The notion has been floated in previous legislative sessions, but this year proponents believe they may have the momentum to get it done.




Austin Offers Guns4Groceries Buyback; Pro-Gunners Have A Counter Offer


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Hundreds of Austin residents swapped unwanted guns in exchange for gift cards at a church Saturday. The popular Guns4Groceries firearms buyback program is a partnership between the Austin Police Department, the Greater Austin Crime Commission, and the Jastrow Family Foundation, reports the Austin American-Statesman. By 11 a.m. Saturday, police had collected about 400 guns and expected to give away $40,000 worth of gift cards, said Richard Hill of the Greater Austin Crime Commission.


Most of the guns collected will be destroyed, though will be used in police training. Pro-gun activists with Texans for Accountable Government protested the program by advertising a counter Guns for Cash program to people who showed up to trade their guns. Outside the church parking lot, they offered 10 percent more than the value of the gift cards. Andrew Clements, 31, wore a rifle strapped across his back. "An event like this is a feel-good event," Clements said. "It's the equivalent of turning in your beer to reduce DWI." Citing the importance of people's Second Amendment rights, he said, "any form of disarmament to us is wrong." Academic studies have concluded that gun buybacks have little impact on crime




Fusion Centers Are Facing Budgetary Uncertainities, Turf Wars


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Budgetary uncertainty, turf wars, and competing priorities are plaguing the nation's expanding network of state and regional intelligence fusion centers, reports Security Management magazine. "For me, a fusion center success story may be, I go home happy that Bill and Steve didn't punch each other in that meeting," FBI agent Matthew Drake of the Northern Virginia Regional Intelligence Center told a conference at the Center for Strategic & International Studies, a national security think tank.


The most pressing challenge facing many fusion centers is money, said Kerry Sleeper of the Office of the Program Manager-Information Sharing Environment. Because no two fusion centers are alike, their budgets vary dramatically from $300,000 to $8 million. While most centers rely on a complex mix of funding mechanisms, most are heavily dependent on federal funding. The centers exist on year-to-year grants, complicating long-term investment decisions. "It is concerning to us when it's hard to plan more than a year out at a time," said the FBI's Drake. "Do we buy a plotter if next year we can't afford toner. Sounds silly, but that's the type of discussions we have."




Seattle Council Issues Plan To Improve Police Accountability, Public Trust


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The Seattle City Council has issued 11 proposals to improve accountability and strengthen public trust in the police force, reports the Seattle Times. The recommendations include mandatory drug testing for police involved in deadly-force incidents, higher standards for hiring and training, and monthly reports about misconduct. Tim Burgess, chairman of the council's Public Safety Committee, said the measures are meant to "stop the erosion of public confidence" after highly publicized confrontations between police and minority suspects caught on video over the past year.


Burgess acknowledged that many of the recommendations were subject to bargaining with the department's two unions. He said some could be adopted by the council as policy directives to the command staff. The Seattle Police Officers' Guild said it is "always willing to entertain new ideas and recommendations for improvement to police policy and procedures." The department has come under criticism for its use of force against minorities and the length of time it takes to hold an officer accountable for misconduct. The U.S. Department of Justice is investigating whether officers engaged in a pattern of unnecessary force, particularly against minorities




NYC Prosecutors Use Taped Calls Of Domestic Violence Suspects Against Them


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New York City prosecutors are using domestic violence defendants' words against them in court, says the New York Times. Since last year, every prisoner telephone call in city jails, except calls to doctors and lawyers, has been recorded. Prosecutors asked for copies of the recordings 8,200 times last year. Once those accused in domestic violence crimes get on the jailhouse telephone, the Times says, "many of them cannot seem to stop themselves from sweet-talking, confessing to, berating and threatening those on the other end of the line, more often than not the women they were charged with abusing."


The tapes overcome a big hurdle prosecutors face in such cases: that 75 percent of the time, the women who were victimized stop helping prosecutors, often after speaking to the men accused of abusing them. Scott Kessler, domestic violence bureau chief for the Queens district attorney, said the recordings "revolutionized the way we're able to proceed." In the Queens courthouse where 6,000 domestic violence cases are handled each year, the jailhouse recordings have become a guide to the chilling intimacies of domestic violence. "We have the ability now," Kessler said, "to prove what we've always suspected, which is that the defendants in domestic violence cases are in constant contact with their victims, and they use various means and methods to try to have the case dropped.


Saturday, February 26, 2011

Articles for 26 Feb 2011

U.S. Strikes Back After Agent Killed In Mexico, Arresting 450 In Drug Sweeps


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A little more than a week after an U.S. law enforcement agent was shot to death by gunmen suspected of being Mexican drug traffickers, federal authorities struck back with raids across the nation that rounded up more than 450 people believed to have ties to criminal organizations south of the border, reports the New York Times. There were sweeps in nearly every major American city involving more than 3,000 federal, state, and local law enforcement agents, resulting in the seizure of an estimated 300 kilograms of cocaine, 150,000 pounds of marijuana, and 190 weapons.


Derek Maltz of the Drug Enforcement Administration said the sweeps were part of a multinational investigation that could lead to more arrests and seizures in the U.S., Mexico, Colombia, and Brazil. The operation was staged eight days afterJaime Zapata, an Immigration and Customs Enforcement agent, was gunned down on a Mexican highway. While thousands of Mexican law enforcement agents have been killed in the drug violence that has plagued Mexico since 2007, Zapata was the first American official to be killed in the line of duty there in more than 25 years. Obama administration officials called the attack a "game-changer."




Massachusetts Drug Dealers Ply Their Trade in Rural Areas To Avoid Cops


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Drug dealers have been using quiet side roads and nearby state parks in Massachusetts to pass cocaine and heroin to other dealers or to sell drugs to addicts, many of whom drive there from New Hampshire towns just over the border, reports the Boston Globe. Sometimes dealers bury drugs in snowbanks and under stones so clients and colleagues can find them later. The quick exchanges are taking place in rural outposts where police departments are too small to keep up with numerous deals.


"They're organized and they do their homework,'' Ashby, Ma., Detective John Dillon said of the area drug dealers. "If I was going to sell drugs, I wouldn't do it in front of 100 people. It's a very isolated area. You could go to certain streets and not see a house for a quarter mile.'' Tuesday, on a cul-de-sac of neatly kept homes surrounded by pine trees, a state trooper conducting surveillance fatally shot a man, 21, he ahd been watching.




A "Golden Opportunity" For Smart Criminal Justice Reforms?


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The current political and fiscal climate presents a "golden opportunity" for smart criminal justice reforms, James Burch, acting director of the U.S. Justice Department's Bureau of Justice Assistance, told the National Committee on Community Corrections yesterday in Washington, D.C. The committee, a coalition of interest groups and corrections professionals, met in a session hosted by the Pew Center on the States Public Safety Performance Project.


Burch suggested that the relative lack of government dollars could be an advantage, forcing states and localities to be creative and not depend on the federal government for support. His agency supports the "Justice Reinvestment Initiative," which seeks ways to incarcerate fewer people and reinvest the cost savings on programs that do better at preventing recidivism. "This may be the most promising initiative [our agency] has going," Burch said. Pat Nolan of the Justice Fellowship spoke about the new "Right on Crime" campaign, in which conservatives are urging "most cost-effective approaches that enhance public safety." Nolan said the campaign so far has not targeted election officials for endorsements but said that some of its principles have been embraced by newly elected or incumbent governors in states like Florida, Georgia, Arkansas, Indiana, Louisiana, and New York. Noting that new New York Gov. Andrew Cuomo, a Democrat, backs justice reforms that save money, Nolan said the "right on crime" principles are "not captive of one party."


Kentucky Nears Approval Of Sentencing Reform/Justice Reinvestment Measure


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A plan to overhaul the Kentucky corrections system and reduce costs has been approved by the House and was okayed yesterday by the Senate Judiciary Committee. Passage is seen likely next week, says the Louisville Courier-Journal. The measure is aimed at keeping low-level offenders out of prison by providing treatment for drug abuse and supervision in the community.


The plan could save as much as $42 million per year - roughly half of which would be reinvested in programs to keep some offenders out of prison, supervise them more closely in their communities, and provide drug and alcohol treatment. Kentucky has about 20,500 inmates at a cost of about $21,700 a year per inmate. It costs about $3,000 a year to supervise offenders in the community and provide treatment. Sen. Jerry Rhoads, who has served in the Senate since 2003, said the measure was the most significant legislation considered during his tenure




Cottage Industry Of Federal Prison Consultants Help White-Collar Convicts


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Ex-convict Patrick Boyce, founder of Federal Prison Alternatives in Columbus, Ohio, offers advice to prospective inmates as "federal mitigation specialist," says the Chicago Tribune. Boyce, 41, is one of a handful of consultants who gear their services toward a white-collar population that includes mortgage fraudsters, tax evaders, and Ponzi-schemers. He cites experience "as the best teacher," citing his own 27-month prison term for conspiracy to commit fraud.


The cottage industry is dominated by ex-offenders, retired jailhouse employees and advocates who support prison alternatives. High-profile cases during the 1980s and '90s, including corporate raider Ivan Boesky and former junk bond financier Michael Milken - both of whom used prison consultants - have helped heighten awareness. Some criminal defense attorneys remain skeptical, and question whether the consultants can deliver what they promise. John Webster of the Nashville-based National Prison and Sentencing Consultants, charges $3,500 to $10,000 for prison coaching. Some consultants try to strengthen a defendant's presentencing request to be enrolled in a 500-hour federal drug and alcohol abuse program, which can result in a shorter prison stint. Others document medical reasons that argue why an inmate needs a lower bunk or special diet.




In Tight Budget Times, Prisons Expand Inmate-Labor Projects


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Prison officials are boosting inmate-labor projects to combat cuts in federal financing and dwindling tax revenue, using prisoners to paint vehicles, clean courthouses, sweep campsites, and perform many other services done before the recession by private contractors or government employees, reports the New York Times. New Jersey inmates clean deer carcasses from highways. Georgia inmates tend municipal graveyards. In Ohio, they paint their own cells. California officials hope to expand programs, including one in which wet-suit-clad inmates repair leaky public water tanks.


"There's special urgency in prisons these days," said Martin Horn of John Jay College of Criminal Justice, a former corrections commissioner in New York City and Pennsylvania. "As state budgets get constricted, the public is looking for ways to offset the cost of imprisonment." U.S. Sen. John Ensign (R-NV), has introduced a bill to require low-security prisoners to work 50 hours a week. "Think about how much it costs to incarcerate someone," Ensign said. "Do we want them just sitting in prison, lifting weights, becoming violent and thinking about the next crime? Or do we want them having a little purpose in life and learning a skill?"




Ohio Prison Recidivism Rate Down To 34 Percent, Lowest In 11 Years


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The rate of released offenders returned to Ohio prisons is the lowest it has been in 11 years, reports the Columbus Dispatch. Last year, 34 percent of inmates returned to prison for a parole or probation violation or a new felony conviction, down from 36 percent in 2009, said state corrections director Gary Mohr. Last year's recidivism rate is the lowest since 1997, when it was also 34 percent. The national recidivism rate averages about 50 percent.


Mohr credited several factors for the improvement: better inmate programming, more structured parole supervision, enhanced staff training, and more use of community corrections, such as halfway houses. The department offers "evidence-based" programming that research has shown to be successful in leading to careers after prison, such as its horticultural and auto-mechanic training for inmates, spokesman Carlo LoParo said. The state's use of halfway houses and other community-corrections facilities for low-level, first-time offenders has helped improve the results by keeping such inmates away from career criminals in prisons, LoParo said. State lawmakers are trying to reduce the prison population of more than 50,000, 33 percent over design capacity, to avoid spending $500 million to build prisons.




Oregon Pays Inmate Claims For Porn, Sunglasses, TV Sets


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Property claims from inmates are a vexing challenge for the Oregon prison system, The Oregonian reports. Each year, inmates file about 1,000 claims that state officials -- not other inmates -- damaged or lost their property, or that their rights were violated when items were confiscated. An internal audit found the state pays an average of $60,000 a year for such claims, and spends more than that to process them.


Corrections officials are months behind in making changes recommended by the auditors, such as tightening limits and better tracking inmate property. Among inmate claims: one figured the state owed him for improperly confiscating 250 pages of porn from his cell. Officials cut him a check for $125. Another inmate insisted that corrections officers damaged his television when they searched his cell. The state paid him $260 -- the cost of a new one. A prisoner demanded that corrections officials replace sunglasses missing from his cell. A judge ordered that he be paid $215 -- plus $3.29 in interest




Most States Won't Comply With Federal Sex Offender Law Act By July Deadline


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Nearly half of the states that have not met federal requirements for their sex offender registries have a problem with the mandate that registries include juveniles, reports Youth Today. Some 21 states cite "juvenile requirements" as a barrier to complying with the act, which requires states to establish a sex offender registry that connects with a national registry. That aspect of the law, called the Sex Offender Registration and Notification Act (SORNA), sets minimum requirements for who to include on the registry and how long to include them.


July 10 is the deadline to comply with the Walsh Act or incur a 10 percent cut to the state's Justice Assistance Grant for state and local law enforcement. Florida, Delaware, Ohio, and South Dakota are the only states compliant with the law. At a House hearing last week, no witnesses expected the majority of states to be substantially compliant by the deadline this summer, and that some may not be ready for another two years, if they comply at all. The Justice Department is "reasonably confident" that between 10 and 15 states will comply with the Walsh Act by the July deadline, said tjhe department's Dawn Doran. "I'm not pleased with the rate of compliance," said crime subcommittee chairman Rep. Jim Sensenbrenner (R-WI). "I intend to see it is fully implemented."




300,000 Internet Fraud Complaints Filed With Federal Center


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More than 300,000 complaints of possible Internet fraud were filed last year with a federal center, but fewer than 122,000 of them were deemed worthy of referring to law enforcement agencies. Complaints about undelivered merchandise ordered online led the list.


The number of complaints was down somewhat from more than 336,000 filed in 2009. The center provided no definitive reason for the drop, but said "a possible explanation is that complaint levels are normalizing as businesses and consumers discover and implement ways to make previously uncharted areas of online commerce safer and more reliable. Auction fraud formerly was the leading category of complaints, but it fell to 8th place last year.




WA Sex Offender Says he Deserves Execution for Killing Prison Officer


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A Washington state sex offender accused of strangling a corrections officer says he should get the death penalty because he already is serving a life term, says the Seattle Times. Prosecutors charged Byron Scherf, 52, of killing Jayme Biendl in a prison chapel last month. Scherf told police Biendl offended him while they were in the chapel on Jan. 29, saying a statement she made "triggered a response in me." He added, "I got to the point where I knew I was going to kill her."


Biendl's family favors the death penalty. Scherf apparently agrees, telling police, "I took her life and I think I should forfeit mine. If I get a life sentence and she's [dead] then there's no punishment attached to it because I already have a life sentence." Scherf is serving a life term on a third rape conviction.




Domestic Violence Agency Says "Secure Communities" Changes Reporting Rules


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Safe Horizons, the largest assistance agency for victims of domestic violence in New York City, no longer is advising clients to contact the police if they are undocumented immigrants, reports Women's eNews. The federal Secure Communities program is changing the rules, says Lynn Neugebaeur of the Safe Horizons Immigrant Law Project. "We want people to report crimes, but on the other hand, we don't want them to be innocently picked up and deported for doing what an ordinary citizen would do," Neugebaeur said.


Secure Communities grants state and local police access to Department of Homeland Security's immigration databases to crosscheck fingerprints when they make an arrest. U.S. Immigration and Customs Enforcement (ICE) is alerted if the person is found to be undocumented. Secure Communities has removed about 58,300 convicts from the U.S. since its pilot launch in late 2008. Some 28 percent of those transferred to ICE custody under Secure Communities from October 2008 through June 2010 were non-criminals. Some of the detained people are victims of domestic and sexual violence. Secure Communities is present in counties in 38 states. Department of Homeland Security Secretary Janet Napolitano says opting out isn't an option.


Thursday, February 24, 2011

Articles for 24 Feb 2011

Five Doctors Arrested in South Florida Pain Clinic Raids
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Narcotics agents descended on more than a dozen South Florida pain clinics Wednesday, arresting at least 20 people - including five doctors - in the most dramatic effort yet to curb the region's booming business of illegal prescription narcotics, reports the Miami Herald. The raids were the culmination of a two-year investigation by a task force of federal, state and local investigators, an operation dubbed "Operation Pill Nation." Undercover agents were dispatched to storefront pain clinics to buy potent painkillers such as oxycodone without any medical justification for the pills, investigators said.
Broward Sheriff Al Lamberti called the raids a new front in a "new kind of drug war" on the massive trafficking of prescription drugs through pain clinics operating with the outward appearance of legitimacy. Inside the clinics, doctors hand out pills without taking medical exams, and armed guards patrol the lobbies. These clinics have popped up all over South Florida in recent years. In Broward alone, the number of clinics grew from four to 130 in four years, making the region the prime supplier of illegal pills in the eastern United States.



Celebrities and Sex Addiction: Is It a Disease or an Excuse?

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From Tiger Woods to Charlie Sheen to Silvio Berlusconi, the spate of stories about sexual escapades of famous people is raising a central question: Why would these men risk everything to satisfy their urges? When it comes to addiction, the line between morality and disease has always been blurry, says Time. But only in the past 25 years have we come to regard excesses in necessary cravings - hunger for food, lust for sex - as possible disease states.
The American Psychiatric Association (APA) is debating whether sex addiction should be added to its Diagnostic and Statistical Manual of Mental Disorders. The addition of what the APA is calling "hypersexual disorder" would legitimize sex addiction in a way that was unthinkable just a few years ago, when Bill Clinton's philandering was regarded as a moral failing or a joke - but not, in the main, as an illness. But the legitimacy now being granted to sex addiction requires a closer look. In the 20th century, we changed our thinking about alcoholism: what was once a moral weakness came to be understood as an illness resulting in large part from genetics. Sexual acting out seems different, though. Is excessive lust really just another biochemical accident?



Brady VP Sees Hypocrisy in House Vote on 'Sensible' Gun Plan

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Writing on the Huffington Post, Dennis Henigan, vice president of the Brady Center, says he sees hypocrisy in last week's House vote to block a move to curb gun trafficking to Mexican cartels. He wrotes, "'We don't need new gun laws. We just need to enforce the laws on the books.' How many times have you heard this argument from the gun lobby and its wholly-owned subsidiaries in Congress? And how many times have their actions on gun law enforcement exposed the hypocrisy of their words?
"It has happened yet again on the issue of gun trafficking to Mexico. It is now beyond dispute that more than 60,000 guns - primarily military-style semiautomatic assault rifles - have moved from American gun shops in the border states into the hands of the murderous Mexican drug cartels, and more are moving every day. Yet on Friday, the House of Representatives, heeding only the National Rifle Association's command, voted to block the Obama Administration from implementing a sensible proposal that would enhance enforcement of our laws to curb gun trafficking to the Mexican cartels."



Eyeing Deficit, Rhode Island Cuts Legal Fees by 15 Percent

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The Chafee administration is notifying scores of private lawyers doing contract work for the state of Rhode Island that it will cut their legal fees by 15 percent on March 1, reports the Providence Journal. The memo is the first demonstration of Governor Chafee's promised effort to head off a potential $295 million deficit next year by cutting spending.
State government spent more than $2.32 million on legal fees in 2009, which was the last year for which the state had complete numbers on Wednesday. The state-run Economic Development Corporation spent another $640,800 that year. Cutting these fees by 15 percent would have saved the state a potential $444,428.



Law Center Report Prompts Debate Over Definition of 'Hate Group'

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The definition of a "hate group" is putting those on the political right at odds with the Southern Poverty Law Center, which says that its count of the groups in the U.S. has topped 1,000 for the first time. Some say the civil rights group's broad definition of hate vilifies innocent people and stifles vigorous debate about critical issues, reports the Christian Science Monitor.
Tension erupted between the SPLC and some Republicans, including House Speaker John Boehner of Ohio and Rep. Michele Bachmann of Minnesota (who tops the SPLC's "militia enablers list"), who protested the SPLC's listing of the conservative Family Research Council as a hate group. The SPLC said the Family Research Council is knowingly pushing falsehoods about gay people. The Montgomery, Ala.-based SPLC, is careful to note that organizations on its list don't necessarily advocate violence. Its definition of a hate group and "ideologues" includes groups and people who suggest that an entire group of human beings are, by virtue of class characteristics, "somewhat less," says an SPLC official.



Former CA Official Gets 248-Year Sentence for Sex Abuse of Adoptee

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A former executive director of California state mental hospital and Walnut resident will die in prison for molesting his adopted son over the course of nine years, reports the San Gabriel Valley Tribune. Claude Foulk Jr., 63, got a prison sentence of 248 years for his conviction on more than 30 counts of child molestation for abusing his adopted son from age nine to 18.
The abuse took place while the father and son lived in Long Beach, then continued when they moved to Walnut. Though the case against Foulk involved only his adopted son, four other men testified during his trial that they were molested by Foulk as far back as 1966, district attorney's officials said in the statement. Foulk served as the executive director of the Napa State Hospital until he was charged, and subsequently fired, on Feb. 24, 2010.



Thefts, Assaults Drive 12 Percent Crime Increase on DC's Metro

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Crime increased on Washington's Metro transit system increased by 12 percent last year, fueled by surging numbers of aggravated assaults and robberies by thieves who snatch smartphones, MP3 players and other electronic devices from rail passengers and flee, the city's Post reported. The bus and rail system serving Maryland, Virginia and the District of Columbia reported 2,279 serious crimes in 2010. That marks a five-year high from 2006, when 1,440 incidences were reported.
From 2009 to 2010, the number of rapes and sexual offenses grew from one to seven; four of the sexual offenses allegedly involved assaults on disabled customers by MetroAccess drivers. The largest single increase was in aggravated assaults, from 94 to 136. Metro officials said a third of those altercations involved its own bus drivers, some of whom had confrontations with passengers who refused to pay fares.



After Florida Cop Shooting, Bradenton Police Make Vests Mandatory

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Bradenton, Fla., police officers will now be required to wear bulletproof vests in light of the shooting of an officer in St. Petersburg, reports MyFoxTampaBay.com. Officer David Crawford was not wearing a vest when he was shot and killed late Monday. But for most agencies across the state, it's still up to the officer, and there is no statewide movement underway to change that.
No vest is fully bulletproof, but the vests have saved the lives of more than 3,000 police officers since the late 1980s. "We hope they all wear their vests, but it should be up to their choice and discretion," explained Michael Krohn of the PBA. He said the vests are "extremely hot and uncomfortable."



Cancellation of PA Prison Project Comes as Blow to Locals

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After years of waiting for a promised new prison, officials in Fayette County, Pa., were stunned last week when Gov. Tom Corbett's administration canceled the $200 million project. German Township Supervisor Dan Shimshock said he wasn't even notified; he learned of the news from a reporter, says the Pittsburgh Post-Gazette.
The news came out when a letter to executives of the firms selected to build the prison was posted on the Department of General Services website. The state Department of Corrections said the new prison was not "absolutely needed" because other state prisons are already under-used. The news comes as a hard blow to the German Township area, a once-booming coal district that's now riddled with boarded storefronts, and where one in five residents live below the poverty level.



WA State Prison System Finds Cost-Cutting Is Challenging

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Washington state's prison population has become more violent, whiter and older in the past decade, reports the Associated Press. And while running the prison system eats up 5 percent of the state budget, there appear to be few places that funding can be cut without resorting to releasing inmates early, as some states have done.
Changes started in the 1980s have dramatically altered the state prison population. While Washington has a relatively small prison population - about 17,000 for a state of 6.6 million people - the percentage of inmates serving time for violent crimes is greater than the national average. Early release of some inmates to help reduce the projected $4.6 billion deficit in the next two-year state budget is being discussed by lawmakers. At a legislative hearing on Wednesday, Steve Aos of the Washington State Institute for Public Policy estimated that cutting 60 days off the sentence of low- and moderate-risk offenders could save the state $4.6 million a year, with just a 15 percent probability that crime would rise as a result.



Population Up Slightly in Native American Jails, Says Justice Dept.

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The inmate population in Indian country jails increased about 2 percent to 2,176 offenders between midyear 2008 and 2009, the Justice Department's Bureau of Justice Statistics announced today. Indian country jails are operated by tribal authorities or the Bureau of Indian Affairs of the U.S. Department of the Interior. Eighty Indian country jails, confinement facilities, detention centers, and other correctional facilities reported inmate counts to BJS in 2009, down from 82 facilities in 2008.
Nationwide, American Indians and Alaska Natives under correctional supervision in the U.S. increased 5.6 percent, from an estimated 75,400 offenders in 2008 to 79,600 in 2009. Nearly two-thirds of the population (63 percent or 50,200) was under supervision in the community on probation or parole in 2009, and about a third (29,400 or 37 percent) was in prison or jail. Among American Indians and Alaska Natives in prison or jail at midyear 2009, almost half (14,646) were confined in state prison; about 11 percent (3,154) were held in federal prison; and 32 percent (9,400) were in local jails operated by county or municipal authorities. Indian country jails held 7.4 percent of the population under correctional supervision.