8 Nov 2011

Mayors Gauge "Occupy" Impact on City Services, Police, Costs ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The nationwide Occupy movement is targeting Wall Street, but it's arguably municipal governments that have felt the biggest impact so far, NPR reports. Protesters have staged weeks-long sit-ins at public spaces from New York to Atlanta to Pittsburgh to Oakland. Although the demonstrations have been largely peaceful, hundreds of protesters have been arrested and there have been a handful of violent clashes with law enforcement. Occupy has put mayors in a delicate situation: balancing respect for civil liberties with the need to maintain law and order and limit the protests' physical toll. The cost of policing the demonstrations has skyrocketed, and there is concern over sanitation and about keeping protesters safe as winter nears. Law Prof. David Sklansky of the University of California, Berkeley says the protests present a unique challenge for city officials and law enforcement. "There are political questions to be answered here about how municipalities and their police forces weigh not only the interests in public safety but also their interests in maintaining public order and access to public spaces," he says. "How do they do that in the context of a movement that has many members of the public as well as elected representatives sympathetic to it?" Los Angeles Mayor Antonio Villaraigosa, president of the U.S. Conference of Mayors, supports protesters' right to assemble but says they can't camp outside City Hall indefinitely. He led a conference call with seven other mayors to discuss how to handle the Occupy movement and the impact on transportation, city services, and costs. NPR

Whites Much More Likely than Blacks to Have Drug, Alcohol Problems ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Black and Asian adolescents are much less likely to abuse or become dependent on drugs and alcohol than white kids, says to a Duke University-led study reported by the Raleigh News & Observer based on an unusually large sample of kids from all 50 states. "There is certainly still a myth out there that black kids are more likely to have problems with drugs than white kids, and this documents as clearly as any study we're aware of that the rate of [ ] substance-related disorders among African-American youths is significantly lower," said Dr. Dan Blazer of Duke's Department of Psychiatry. The findings, based on analysis of confidential federal surveys of 72,561 adolescents ages 12 to 17 from 2005 through 2008, appear in the November issue of the journal Archives of General Psychiatry. About 9 percent of white kids in the study used substances in ways that indicated they had abuse or dependency. That's nearly twice the percentage of black kids with such disorders. Raleigh News & Observer

Police Body Cameras--Insurance Policy or Overkill? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The next time you talk to a police officer, you might find yourself staring into a lens. Companies such as Taser and Vievu are making small, durable cameras designed to be worn on police officer's uniforms. The idea is to capture video from the officer's point of view, for use as evidence against suspects, as well as to help monitor officers' behavior toward the public, reports NPR. The concept is catching on. The cameras have been adopted by big city police departments, such as Cincinnati and Oakland, as well as dozens of smaller cities, such as Bainbridge Island, Wa., where the Vievu camera was initially tested by Officer Ben Sias. "The only thing that really was different about doing business is that I'd tell the person that we're being recorded," Sias says. He sees the camera as a kind of insurance policy. "In this job we're frequently accused of things we haven't done, or things were kind of embellished, as far as contact," he says. "And the cameras show a pretty unbiased opinion of what actually did happen." Sgt. Rich O'Neill, president of the Seattle Police Officers' Guild, doesn't like the fact that many departments that have adopted wearable cameras have given their officers little discretion: They're required to record every contact with the public, and can't stop recording until it's over - even if a citizen asks them to. NPR

Dr. Murray's Defense Had Insurmountable Obstacles: Analysts ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Defense attorneys fighting to acquit Conrad Murray, Michael Jackson's personal physician, of an involuntary manslaughter charge in the pop star's death faced what many legal experts said was a series of insurmountable obstacles, says the Los Angeles Times. Lawyers had to overcome an incriminating interview their client gave detectives; contend with a victim loved by millions around the globe; and deal with a series of court rulings that limited their attempts to point the finger at another possible culprit: Jackson himself. Jurors were not allowed to hear evidence the defense team hoped would bolster their argument that Jackson was so drug-addled and starved for sleep that he accidentally overdosed on a surgical anesthetic as he prepared for a long-awaited comeback tour. Even a key defense witness inflicted damage to the physician's case. Murray's medical expert conceded last week that the Houston cardiologist violated medical standards by administering the powerful sedative propofol in the bedroom of Jackson's rented home. "The defense was hamstrung from the get-go," said defense lawyer Mark Geragos, who represented Jackson in the early stages of the singer's trial on child molestation charges nearly a decade ago. Defense lawyer Robert Schwartz said he was surprised that Murray's lead attorney, Ed Chernoff, didn't emphasize more that most accusations against physicians are handled in civil, not criminal, court. Los Angeles Times

High Court Finally Takes Up GPS Tracking Warrant Case ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Today the Supreme Court hears arguments in the GPS tracking case, which NPR says "could have enormous implications for privacy rights in the information age." Police want to use new technology to get the goods on the bad guys, and citizens think that when they leave their homes, they still have some zone of personal privacy in their cars. "It's critical to understand that this case is not about whether law enforcement can use GPS devices. It's about whether they should get a warrant," says Walter Dellinger, who represents defendant Antoine Jones. "If the Supreme Court gave a green light" to warrantless GPS tracking, he says then "any officer can install any GPS device for any reason on anybody's car, even if the officer thinks it would be interesting to know where Supreme Court justices go at night when they leave the courthouse. No one would be immune from having a GPS device installed on their vehicles." The government contends that the Fourth Amendment bans warrantless searches only of private spaces, like homes, the interior of a car, or a locked office desk. The government asserts that the GPS device is just an electronic extension of old-fashioned human surveillance. Pat Rowan, a former federal prosecutor, says, "There's no Fourth Amendment implication for what a person is doing out in the public space, whether they're walking down the street and being observed or whether they're driving down the street and being observed." NPR

Possible Outcomes of The New Juvenile LIfe Without Parole Cases ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Youth Today assess options for the Supreme Court in newly accepted cases on life without parole sentences for juvenile offenders, which were reported yesterday in Crime & Justice News. Just 18 months ago, the high court banned such sentences for juveniles in non-homicide offenses. A ban on "LWOP" for juveniles would affect more than 2,500 current inmates. More than half of them are in four states: Pennsylvania, Michigan, Louisiana, and Florida. A ban on LWOP for youths under 15 appears to be what will be sought by the offenders' lawyers, from the Alabama-based Equal Justice Initiative. There are only 73 current LWOP inmates who were convicted for crimes they committed when they were 14, and nine others who were convicted when they were younger. Another possibility is a ban on LWOP for youths who did not commit a homicide but merely were present for an action that precipitated it. There also could be required judicial review of juvenile LWOP usage in mandatory sentencing schemes, a ruling that seem to be in line with Chief Justice John Roberts' suggestions during the previous case that requiring review of LWOP in all juvenile cases would be more practical than a categorical ban on the sentence for certain offenses. Youth Today

U.S. Wins $61 Million Over Defective Bulletproof Vests; More Cases Coming ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Justice Department has settled lawsuits with 10 manufacturers of defective Zylon bulletproof vests for more than $61 million. The latest settlement is a $1 million deal with now-bankrupt companies called Point Blank. The U.S. alleged that the Pompano Beach, Fl.,and Jacksboro, Tn., companies manufactured and sold Zylon bulletproof vests knowing that the Zylon materials degraded quickly over time and were not suitable for ballistic use. The Point Blank vests were purchased by the federal government, and by various state, local, and tribal law enforcement agencies that were partially reimbursed by the United States under the Justice Department's Bulletproof Vest Partnership Grant Program. The U.S. has pending lawsuits against Toyobo Co., the manufacturer of the Zylon fiber, and Honeywell Inc., Second Chance Body Armor Inc. and First Choice Armor Inc., which were involved in the production or sale of Zylon body armor. U.S. Department of Justice

Holder: Fast & Furious "Flawed," Effects Will Be Felt For Years ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The political nightmare that the Operation Fast and Furious gunrunning investigation has become for the Obama administration won't be going away anytime soon, says Politico. Attorney General Eric Holder will tell the Senate Judiciary Committee today that the carnage linked to Fast and Furious is likely to continue for years. "This operation was flawed in concept, as well as in execution," says Holder. "Unfortunately, we will feel its effects for years to come as guns that were lost during this operation continue to show up at [crime] scenes both here and in Mexico. This should never have happened. And it must never happen again." Some Republican lawmakers have called for Holder's resignation in the wake of the scandal, which stemmed from a tactic known as "gun-walking" in which federal agents had the authority to intercept suspicious weapons but chose not to. Holder will call out Republicans for "headline-grabbing Washington 'gotcha' games and cynical political point-scoring" in connection with the ongoing congressional investigation, while also offering a stark warning about the flood of weapons south from the U.S. "We are losing the battle to stop the flow of illegal guns to Mexico," Holder says. Politico.com

Detroit Homicides Jump, Crimes by Probationers Cited ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Detroit reports 23 more homicides in the third quarter compared with the same period last year, a 31 percent increase, says the Detroit News, The latest crime figures show a nearly 19 percent hike in murders so far over 2010, with 301 homicides citywide through Sunday. the department is having "a bear of a time getting our arms around" the widespread number of guns in the city, resulting in more violent conflicts, said Police Chief Ralph Godbee. Some homicides involved suspects who were on probation, said Inspector Dwane Blackmon. Last summer, a crime wave gripped the city, with at least 38 people shot and eight killed from June 21 to Aug. 21 in one zip code. To some city residents, suspects on probation who are committing other crimes reflects a need for changing the culture of the city, including cooperating with police officers and being more proactive when it comes to watching out for their neighbors. Detroit News

DEA Deploys Commando-Style Squads Abroad in Drug War ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Drug Enforcement Administration has five commando-style squads it has deployed for the past several years to Western Hemisphere nations - including Haiti, Honduras, the Dominican Republic, Guatemala, and Belize - that are battling drug cartels, reports the New York Times. The program - called FAST, for Foreign-deployed Advisory Support Team - was created during the George W. Bush administration to investigate Taliban-linked drug traffickers in Afghanistan. Beginning in 2008 and continuing under President Obama, it has expanded far beyond the war zone. "You have got to have special skills and equipment to be able to operate effectively and safely in environments like this," said Michael Braun, a former head of operations for the drug agency. The evolution of the program into a global enforcement arm reflects the growing U.S. reach in combating drug cartels and how policy makers increasingly are blurring the line between law enforcement and military activities, fusing elements of the "war on drugs" with the "war on terrorism." New York Times

Florida Inmate Sues Over High-Soy Diet State Uses to Save Money ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Eric Harris, 34, serving a life sentence in a Florida prison for sexual battery on a child, wants a judge to stop the state from feeding inmates soy-laden entrees labeled "Southern BBQ," "meat loaf" and "meaty macaroni," which contain a heaping helping of a low-cost vegetable protein intended to imitate the taste of beef, the Orlando Sentinel reports. He claims in a lawsuit that the processed and blended soy foods have caused painful gastrointestinal cramping, threaten the health of his thyroid and immune system, and constitute cruel and unusual punishment. "These men are guinea pigs who are being fed high levels of soy," said Kimberly Hartke of the Weston A. Price Foundation in Washington, which describes itself as a leading voice on the dangers of soy foods. The foundation, which paid the filing fee for Harris' lawsuit, also is providing legal support for a federal case in Illinois, where inmates made similar anti-soy claims, alleging they "go to the chow hall and [must] choose between eating and getting sick, and starving." Illinois inmates are seeking millions of dollars in compensation, while Harris wants unspecified monetary damages. Florida prisons began dishing soy meals in 2009 to control rising food costs. The prison menu includes stroganoff, turkey dogs, sloppy joes, and chili mac, all spiked with soy. Orlando Sentinel

New Orleans Arrests, Convictions Drop In Stress on Felonies ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ New Orleans police recorded another slide in arrests in the first half of 2011, continuing declines that began two years ago led by a reduction in arrests for traffic violations, municipal crimes, and other minor offenses, says a Metropolitan Crime Commission count reported by the New Orleans Times-Picayune. Orleans Parish District Attorney Leon Cannizzaro's office saw a sharp drop in the number of felony convictions it won in the first half of the year, one that outpaced a drop in the number of cases the DA accepted for prosecution. Felony arrests in the first half of the year rose from 3,210 in the previous six months to 3,263. The figures mesh with a push by the city to focus on felony arrests, which now make up 19 percent of the total. That's up from 12 percent in the second half of 2009. Rafael Goyeneche, the commission's president, said, "We're not squandering police man-hours or public dollars," he said of the trend lines. "There is a recognition that if we're going to attack our crime problem more strategically, it has to be felony arrests." New Orleans Times-Picayune