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.


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