Monday, April 18, 2011

Articles for 18 April 2011

Police-Union Officials Targeted in NYC Ticket-Fixing Case


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The scope of a New York City police ticket-fixing investigation caught many in the police department by surprise, says the New York Times, reporting on an earlier story by the New York Post. Some two dozen officers in the Bronx could face criminal charges as a result of a lengthy inquiry into the practice, and hundreds could face disciplinary action by the department. About half of the targets of the criminal inquiry are police union officials.


While the wrongdoing is relatively minor, the case could have serious implications for the department because of the large number of officers thought to have participated, either by asking for a ticket to be fixed or by doing the actual fixing. The accusations will most likely anger countless New Yorkers, some of whom see the specter of quotas behind summonses they receive and whose response to a ticket is more straightforward - pay the fine and have points added to their driver's license. One officer's defense lawyer, Thomas Puccio, said that ticket-fixing "has been in existence probably since the first ticket was issued by the Police Department. It cannot be condoned, but on the other hand, it should not be prosecuted."




How Unlikely Criminal Justice Reform Unfolded In Kentucky


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Few could have predicted the major criminal justice change that happened in Kentucky this year, writes Ronnie Ellis in The Crime Report. After a year of study, Kentucky lawmakers overhauled the state's drug laws, as well as its sentencing, probation and parole system. The bill became law on the signature of Gov. Steve Beshear. The reform is expected to lower prison populations, expand drug treatment, and save the state more than $420 million over the next decade.


It was a landmark of bipartisanship, accomplished in the face of the kind of polarized political climate that has defeated similar reform attempts elsewhere. Democrats and Republicans each control one chamber of the legislature, and the leader of the Republican Senate was openly planning to challenge the incumbent Democratic governor in the 2011 election. The story of how it happened might serve as an object lesson to other states.




Nationwide Search Needed For Federal Prison Director, Love Argues


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The Obama administration should scrap the tradition of career management at the federal Bureau of Prisons when it replaces retiring director Harley Lappin, former. U.S. Pardon Attorney Margaret Colgate Love writes in The Crime Report. BOP. :"It is time to [ ] bring in politically accountable leadership to manage the federal correctional establishment into its next stage," Love writes.


Love says President Obama should direct Attorney General Eric Holder to conduct a nationwide search for Lappin's replacement "and to make clear that professional independence will be that position's most prized qualification." Love says that "ideally, the new head of BOP would be someone with experience managing a major state correctional system, someone who knows how to shield elected officials in a crisis, woo a stingy legislature, and use a bully pulpit."




Oregon Case Tests Whether Medical Marijuana and Guns Mix


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Do guns and medical marijuana legally mix? The sheriffs of Washington and Jackson counties in Oregon say no. Four co-plaintiffs have won in state court twice, with the state's rights to regulate concealed weapons trumping federal gun control law in each decision, reports the Associated Press. The case now is before the Oregon Supreme Court.


Cynthia Willis, 54, a retired school bus driver, volunteers at a smoke shop that helps medical marijuana patients find growers, and teaches how to get the most medical benefit out of the pound-and-a-half of pot that card carriers are allowed to possess. She said she doesn't use pot when she plans to drive, or carry her gun. "That's as stupid as mixing alcohol and weapons,"' she said. Oregon sheriffs are not happy about the state's medical marijuana law.




WA Lawyer Argues Against "Propensity" Evidence In Sex Cases


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The Seattle Times profiles Eric Lindell, who is challenging a new state law with with broad ramifications, In cases where someone is accused of a sex crime - say, molesting children - the law allows prosecutors to introduce "propensity evidence," a fancy term for past instances in which a defendant was accused of comparable crimes, even if he wasn't charged or convicted.


Lindell is defending a man who could hardly be less sympathetic - Roger Scherner, 82, rich and remorseless, accused of molesting three generations of relatives, all young girls at the time. Jurors heard not only from a girl Scherner was convicted of molestiing, but from four women who testified Scherner had abused them when they were children. "History has a way of repeating itself," the prosecutor argued. Lindell argues that a defendant is supposed to be presumed innocent. If a jury hears of accusations in the defendant's past - particularly of rape or molestation, allegations with powerful emotional triggers - the presumption will flip




Cleveland Police Accused of Assault Had Arrest, Drug Records


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Besides recent criminal charges, several common threads exist among the six Cleveland police officers accused of assault, reports the Cleveland Plain Dealer. When applying for their jobs, half reported financial delinquencies and other money troubles, which law enforcement officials nationwide cite as a possible harbinger for corrupt police activity and other irresponsible behavior. Half reported drug use in the past seven years.


Half had arrest records with offenses ranging from drug paraphernalia to disorderly conduct. Such misdemeanors are not disqualifiers but should be a concern, said Hubert Williams, a former police director in Newark, N.J., and president of the Washington, D.C.-based Police Foundation. "If I was running a police department and I ran into that, I would consider that to be a very serious problem." City Safety Director Martin Flask said that by the time a list of ranked candidates arrives on his desk, he is bound by the city charter to select one of every three, in order, until all openings are filled. The so-called "one-in-three" rule is intended to prevent patronage hires. But it means that sometimes the city might be forced to choose someone with a blemish on his record, Flask said.




How TX Area Tries to Deal With "Anger In Our Young People"


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Some 27 percent of Ft. Worth's homicides took place in one part of the city's southeast side. In response, anti-violence programs within the community have blossomed, says the Ft. Worth Star-Telegram. Organizers say their programs are struggling, though. They say they have rejected all the excuses that African-Americans use to account for the violence in their neighborhoods. "All of the things that I hear them talk about happened to me as a young man," said Will Lawson, 35.


As a funeral service provider who picks up the dead after the fighting has paused, Lawson has a unique perspective. "I've got people between 22 and 36 who are thrown away like garbage," Lawson said. "I've seen bodies that have been completely ripped apart. I see an anger in our young people. My question is, Why are they so angry?" Lawson has joined others in the black community who worry that some of the best and brightest in their neighborhoods make an almost obligatory stop in prison on their way to adulthood -- or worse. The leaders of these groups preach, plead, teach, beg and bribe to save whomever they can. They focus on the black community because that is where they live, but all races participate in their programs, they said




Two Decades After Fatal Fire, TX Panel Urges Arson Probe Reform


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A Texas commission reviewing the arson investigation that led to the execution of Cameron Todd Willingham has made far-reaching recommendations to improve and modernize fire investigations, reports the Ft. Worth Star-Telegram. The report was praised by the Willingham family and the Innocence Project, which initiated the review.


The nine-member Texas Forensic Science Commission issued findings that were 2 1/2 years in the making. Willingham's three daughters died in a fire at their home in 1991. Willingham was convicted of setting the fire, and was executed in 2004. He repeatedly maintained his innocence. The report's 16 recommendations could prod state and local fire investigators to adhere to modern investigative standards that have evolved over the past two decades. One key recommendation could lead to a re-examination of old cases using newer forensic techniques. Other recommendations call for improved training and education, peer reviews, increased reliance on forensic laboratories, uniform ethics standards and adequate funding for training.




Boston Prosecutor Seeks Removal of Lenient Judge


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Boston Judge Raymond Dougan may be the city's most lenient judge, a prosecutor's nightmare whose decisions are appealed by district attorneys far more often than any other judge in the municipal court system, reports the Boston Globe. Appeals courts overturn his decisions the most, too, more than once including stern warnings that he should follow the law instead of his personal feelings.


The 20-year-veteran judge's reputation is so well established that one defendant predicted to police that he would go free after he went before "Judge Let Me Go'' Dougan. A Globe review of cases decided by Dougan shows a pattern of rejecting police testimony while extending second chances to criminals whose rap sheets go on for pages. Suffolk District Attorney Daniel Conley is mounting an extraordinary campaign to remove Dougan from criminal trials.




In Cincinnati's First National Search, 37 Apply for Chief


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The search for Cincinnati's next police chief, the first to include candidates from outside the department, has attracted 37 candidates from 19 states, reports the Cincinnati Enquirer. Five internal applicants and 32 from as near as Covington, Ky., and as far as Washington state met Friday's deadline in hopes of succeeding former Police Chief Tom Streicher.


Chuck Wexler of the Police Executive Resource Forum said the number of applications in a city for an department with 1,300 employees and a $106 million budget is what he would expect. Wexler suggests not basing the choice on the size of an applicant's current department. "Some of the most interesting recent innovations in policing have occurred in medium-sized departments," Wexler said. Bernard Melekian, now directing the federal community policing program, got attention for the antiviolence program No More Dead Children in Pasadena, Ca.




How WI Worker Blew Whistle On Big Medicare Fraud


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Everyone hates Medicare fraud, but Matthew Snorek of Wisconsin did something about it. It took more than five years of persistence and patience, but it paid off big last week. Snorek started an investigation that saw the founder of Dr. Comfort, a shoe company, repay the federal government $27 million and agree to plead guilty to a crime that could land him in prison for 18 months.


Snorek, a former hourly worker at the company, got a check Friday for about $800,000, his share of a reward paid to those who blow the whistle on businesses that rip off the federal government. He'll net about $250,000 after attorney fees and taxes. He's glad for the money, but it rankles that a former company executive Snorek felt was part of the problem got $4 million after he later decided to become a whistle-blower, too.




Phoenix Safety Manager Retires After Spat Over Grant


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Embattled Phoenix Public Safety Manager Jack Harris retired after being sidelined in his job as police chief and facing constant fire from critics, the Arizona Republic reports. Harris' departure had been rumored in recent weeks. Mayor Phil Gordon said he regretted the retirement, calling it a lamentable result of "vindictive" political maneuvering.


City officials said they will likely launch a national search for Harris' replacement, Harris was removed from direct authority over the Police Department on March 3, after six years at its helm. The reassignment came amid a controversy over crime statistics that the department used to get a $1.7 million grant from the U.S. Department of Justice to fight kidnappings and home invasions. Some in the police department questioned the numbers used to justify the grant


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