06 March 2012

March 6, 2012   Today's Stories

Biden, In Mexico, Says "No Possibility" U.S. Will Back Drug Legalization ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Vice President Joseph Biden says "there is no possibility" Washington would heed a growing call by some Latin American presidents to move toward drug legalization, McClatchy Newspapers report. On a two-day swing to Mexico and Central America, Biden said a sour mood over violence from powerful narcotics mafias has led to a desire in some corners of Latin America to debate legalization. He said that even if drug legalization might have benefits like reducing prison populations, it also would engender health problems, expand drug usage, and even create bureaucracies for drug distribution. "It impacts on a country's productivity. It impacts on the health costs of that country. It impacts on mortality rates. It's worth discussing," Biden told journalists. "But there is no possibility that the Obama-Biden administration will change its policy on legalization." Today, Biden travels to Honduras, where his aides promise a "robust" discussion with Central American presidents - several of whom support alternative policies, including drug legalization, to deflate powerful drug gangs that have turned the isthmus into the most murderous region on the planet. McClatchy Newspapers

MD Gun Carriers Don't Need "Good, Substantial Reason," Judge Says ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A federal judge declared unconstitutional a provision in Maryland law regulating who can carry a handgun, effectively loosening the restrictions governing firearm possession on the state's streets, reports the Baltimore Sun. U.S. District Judge Benson Legg said a state requirement forcing those applying for a gun-carry permit to show that they have a "good and substantial reason" to do so "impermissibly infringes the right to keep and bear arms," as guaranteed by the Second Amendment. alternately as a victory by gun enthusiasts, who saw it as an aid to public safety, and as a dangerous precedent by gun opponents, who painted it as a return to the Wild West. The Maryland attorney general's office vowed to appeal the ruling and request a stay of its implementation. Baltimore Sun

MN Gov Vetoes Self-Defense Bill, Says More Power To Wield Guns Unneeded ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Minnesota Gov. Mark Dayton vetoed an explosive self-defense bill, saying the lives of police officers could be at risk if citizens are freer to use their guns when they feel threatened, the Minneapolis Star-Tribune reports. The governor said Minnesota citizens facing threats already have the legal authority to defend themselves and their families. He cited strong opposition by organizations representing police officers, chiefs of police and county sheriffs. "When they strongly oppose a measure because they believe it will increase the dangers to them in the performance of their duties, I cannot support it," Dayton said. Dayton said there are more than 5 million guns in the state, showing that the "Second Amendment of the U.S. Constitution is properly being supported by lawmakers and law enforcers." He noted prosecutors' concern that the law goes too far in justifying such shootings, allowing "anyone to claim that he or she acted reasonably when using deadly force." The bill's sponsor, Rep. Tony Cornish, said, "It's a sad day in Minnesota for law enforcement." He questioned whether law enforcement "chiefs and sheriffs and the talking heads" support gun-owners rights. Minneapolis Star Tribune

1,000 S.F. Drunk Driving Cases in Jeopardy Over Breath-Test Readings ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Hundreds of drunk-driving convictions in San Francisco could be thrown out because of questions about how police handled the device that measures blood alcohol levels, say prosecutors and the public defender's office, the San Francisco Chronicle reports. The problem could affect as many as 1,000 convictions, said Public Defender Jeff Adachi, whose office is working with District Attorney George Gascón's prosecutors to identify guilty verdicts that may be in jeopardy. At issue is how the Police Department conducted accuracy checks for preliminary alcohol screening devices, which officers use to determine whether a drunken-driving suspect's blood alcohol level is above 0.08 percent, the legal limit for intoxication. Suspects exhale into the device to produce a reading. The manufacturer of the Alco-Sensor IV devices says police should conduct accuracy checks every 10 days, or after 150 tests, by using the device to measure the alcohol level in a gas canister. The canister's alcohol level is always the same - 0.082 percent. The public defender's office noticed that in police logs on the accuracy tests dating back to 2010, the devices were listed as reading the canister gas exactly correct every time. At least some devices' readings should have been incorrect, Adachi and Gascón said. San Francisco Chronicle

Holder Defends Killing U.S. Terror Suspects Overseas ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Attorney General Eric Holder has presented the Obama administration's most detailed justification for armed drone strikes against Al Qaeda leaders, arguing that the U.S. government doesn't legally need judicial review to kill terrorist operatives overseas, even when they're Americans, reports Politico.com. Criticism of U.S. practices intensified after reports in 2010 that New Mexico-born cleric Anwar al-Awlaki - killed in a 2011 drone strike - was on a list of terror suspects that the U.S. had decided to target using deadly force. Holder is the highest-ranking administration official to defend the administration's position, arguing that placing terror suspects on a so-called kill list is subject to "robust oversight" but should not and need not involve the courts. He spoke at Northwestern University Law School. Al-Awlaki's father filed a lawsuit challenging the targeted-killing policy, but U.S. District Judge John Bates dismissed the case, saying courts were unsuited to make the judgments involved in singling out terrorists for death. Holder rejected claims by legal scholars and human-rights groups that the use of lethal force off the battlefield must be limited to instances of imminent threat, such as cases in which authorities have indication that a terror suspect is in the midst of plotting a specific attack. Politico.com

Juror Social Media Use Increasingly Affecting Cases, Difficult to Detect ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ While juror misbehavior is nothing new, social media have made it extremely easy-and tempting-to break the rules, and lawyers are increasingly using that as a reason for appeals, legal experts tell the Wall Street Journal. While most judges frown upon jurors' using their smartphones while sitting in the jury box, jurors typically have full access to social media outside the courtroom. The challenge for courts is enforcing social-media bans during trials-which can last for weeks-at a time when authorities can't even stop some people from risking their lives by sending text messages while driving. Two-thirds of adult Internet users say they use social-networking sites such as Facebook and Twitter, says the Pew Research Center. Thaddeus Hoffmeister, who researches juries at the University of Dayton School of Law, said courts need to acknowledge that "some people just can't stop" using social media. "You have to start treating jurors less like children," he said. "Jurors should be equal partners in the courtroom-tell them why they can't do things." A challenge for courts is that use of social media is difficult to detect. Last year, 79 percent of judges who responded to a survey question by the Federal Judicial Center said they had no way of knowing whether jurors had violated a social-media ban. Experts say someone would need to have access to a juror's postings and flag it to the court. Wall Street Journal

How Detroit is Prioritizing 911 Calls to Use Officers More Effectively ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As part of a push to improve emergency service citywide, the Detroit Police Department is prioritizing 911 calls with a new Telephone Crime Reporting Unit, says the Detroit News. The aim is to reduce the number of calls considered "non-emergency" - ones not requiring immediate service or an officer's presence - and redirect 40 percent of the calls for service to the unit. It's part of the plan by Police Chief Ralph Godbee to put more than 100 additional officers on the street by moving to "virtual precincts." Calls are being grouped in priority codes according to the level of threat or danger: Priority 1. Considered an emergency; police are dispatched for situations including the perpetrator still on the scene; emergency medical service is needed or requested; and the preservation of evidence or the protection of the crime scene is urgent. Priority 2: Considered serious; police are dispatched but the situation is stabilized. Priority 3: Not considered serious; police dispatched because assistance is needed, but not urgently. Priority 4: Not considered serious; police dispatched or runs may be redirected to T.C.R.U. only when the incident is not in progress; the perpetrator is not on the scene; it occurred more than 15 minutes earlier; and the likelihood of apprehension is low. Priority 5: Not serious; apprehension is unlikely and damage or loss is less than $10,000. Detroit News

G-8 Summit Out of Chicago; Protests Still Expected at NATO Event ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Chicago will host a NATO summit on May 20-21 but a related G-8 summit was moved to Camp David, reducing the threat of disruptive demonstrations, the Chicago Sun-Times reports. A leading demonstrator pledged the protests "will go forward" here despite the switch. Pressed on whether Monday's change diminishes the need for the Chicago Police Department to call in reinforcements from outside the city, Lori Healey of the host committee said, "The [police] superintendent, working with the Secret Service, will modify security plans to take into account this schedule change. But, there are still the same amount of countries with the same amount of delegates coming to Chicago." More than two thirds of the police department's 12,000 have gone through training for the summits. "This doesn't change the planning or preparation of the Chicago Police Department. Our preparation and priorities remain the same - ensuring the public safety of our communities throughout the city, those participating in the summit as attendees as well as protecting the First Amendment rights of those who wish to exercise them," said Melissa Stratton, a police spokeswoman. Chicago Sun-Times

Divided Court OKs Forced Drugging for Shooting Supect Jared Loughner ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Tucson shooting suspect Jared Loughner can be forced to take antipsychotic drugs while prison doctors try to make him sane enough to stand trial in the attack last year on then-Rep. Gabrellie Giffords and others, a divided federal appeals court panel has ruled, the Los Angeles Times reports. Loughner's violent behavior at a prison hospital in Missouri justified his forced medication, even though a pretrial detainee might normally have the right to refuse unwanted drugs, the U.S. 9th Circuit Court of Appeals said, 2 to 1. Loughner, 23, faces 49 felony counts that could lead to the death penalty for the Jan. 8, 2011, shooting rampage outside a Tucson supermarket during an event hosted by Giffords. Six people were killed, including a federal judge, and Giffords and 12 others were injured. Loughner has been diagnosed with schizophrenia and found incompetent to stand trial. His commitment to a federal prison medical center in Springfield, Mo., for treatment is intended to restore his mental competency. U.S. District Judge Larry Burns has extended Loughner's hospital confinement for four months, Loughner's attorneys argued that as a pretrial detainee he had the right to refuse drugs he believed could harm or kill him. Los Angeles Times

Journalism Prof. Criticized, Defended Over Student Arrest Records in Class ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Controversy is swirling over a DePauw University journalism professor's use of a student-athlete's arrest records for his Investigative Reporting Techniques class, says the JimRomenesko.com blog. Poynter Institute ethicist Kelly McBride tells the Education Writers Association that Mark Tatge "had alternatives that could have minimized the harm to this particular student," such as pulling records for a larger group, instead of "putting an incredible spotlight" on Alison Stephens. McBride expressed fear that "a lot of people think journalism is about publicly humiliating people and invading their privacy." University of Nebraska journalism Prof. Joe Weber says "there's mud all around on this one," but he notes that "it was the police, not Tatge, who made the charges public in the first place. Once such charges are lodged, they are out there for all to see." JimRomenesko.com

Is VA Alienating Women by Treating Protesters Like Violent Criminals? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Last weekend, black-clad riot police with helmets, shields, and body armor formed a human wall in front of the Virginia Capitol steps, where peaceful, arm-linking women's rights protesters were pried apart, arrested, and hauled away in buses, says Richmond Times-Dispatch columnist Michael Paul Williams. The state police SWAT team hid in the bushes around the Executive Mansion during a silent candlelight vigil for women's rights on Feb. 27. Bonnie Ward was among the 17 women and 13 men arrested Saturday. Charged with unlawful assembly and trespassing, she was treated like a violent criminal. Ward said her hands were cuffed behind her back for eight hours and that she had to wait three or four hours before being allowed to use a bathroom on the men's bus. The demonstrators were arrested for being on the Capitol steps instead of at another place where they had a permit to protest. A half-century ago during the civil rights movement, protesters could expect such an immoderate police response, and worse. Williams says that Virginia "now appears to be going out of its way to alienate women." Richmond Times-Dispatch

PA Takes Steps To Prevent Another Juvenile Court Scandal ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ More than 2,000 young people in Pennsylvania are trying to put one of the nation's worst juvenile justice scandals behind them, NPR reports. It's been a year since a former judge was convicted in a "kids for cash" scandal. New rules intended to protect the rights of children took effect this week, but questions about Pennsylvania's juvenile justice system remain. Judge Mark Ciavarella was convicted of racketeering and conspiracy for taking nearly a million dollars from the developer of two for-profit prisons. The Pennsylvania Supreme Court vacated 2,251 convictions from his courtroom. "This was a huge black eye," says Pennsylvania Supreme Court Justice Ron Castille. "That barely describes the enormity of what was going on up there. Because of that we made a lot of changes in juvenile rules." The changes are supposed to prevent another "kids for cash" scandal. For one thing, the use of shackles is now strongly discouraged. Starting this month, defendants in juvenile court will not be allowed to waive their right to counsel, except in rare cases. That's a big step forward, says Marsha Levick of the Juvenile Law Center in Philadelphia, which helped bring the Ciavarella case to light. Levick says Pennsylvania is one of a handful of states that do not provide money to counties to defend those who can't afford a lawyer. "That means that we really have justice by geography here," Levick says. "Kids in smaller counties, in poorer counties, will often get very poor representation." NPR