February 23, 2012 Today's Stories |
| Judge's Jail-or-Facebook Apology Order Troubles Free Speech Experts ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Cincinnati photographer Mark Byron was so bothered by his pending divorce and child visitation issues that he blasted his soon-to-be ex-wife on his personal Facebook page, says the Cincinnati Enquirer. That touched off a battle that resulted in a judge ordering Byron jailed for his Facebook rant and to post on his page an apology to his wife and all of his Facebook friends or go to jail, something free speech experts found troubling. "The idea that a court can say 'I order you not to post something or to post something' seems to me to be a First Amendment issue," Enquirer attorney and free-speech expert Jack Greiner said. Hanni Fakhoury of the San Francisco-based Electronic Frontier Foundation, said the rulings are unique and "raise quite a few" free speech issues. Mark and Elizabeth Byron had a son in 2010, but their marriage soon became troubled. She accused him of verbally abusing her, threatening her with his fist, and threatening to "end" her life. |
| Kelly Calls NYC Shooting of Boy, 8, "Unacceptable Reality" In Poor Areas ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Writing in the New York Daily News, New York City Police Commissioner Raymond Kelly says that, "as shocking as it may be to some, the shooting of a little 8-year-old boy in the Bronx on Tuesday is an unacceptable reality in the poorer neighborhoods in the city, where young men of color are far more likely to be the victims of shootings than their white counterparts." Kelly says 94 percent of shooting victims in the city last year were black or Hispanic, often targeted by other youths, or accidentally shot as bystanders like the boy thsi week. In most cases, Kelly said, the guns involved were purchased outside of New York State and resold in New York City at triple their retail value. Kelly says his officers, using "Operation Impact," flood areas where shootings have spiked,and use "policies of engagement, like stop, question and frisk," helping reduce the murder total to a record low. Over the past 10 years, there have been 5,430 murders in the city, compared with 11,058 in the decade before the current administration took office. That's a 50% reduction, or 5,628 lives saved, Kelly said. |
| NYC Cops Investigated for Fatal Shooting of Unarmed Drug Suspect ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Officers in New York City's Street Narcotics Enforcement Units are being investigated for the fatal shooting of Ramarley Graham, 18, in the Bronx this month, says the New York Times. An officer shot him in his bathroom. He apparently was unarmed, and a bag of marijuana was in a toilet bowl. The Times says that in interviews, more than a half-dozen police officials picked apart the decisions made that day by the officers. Officials questioned the team's aggressiveness and its decision to pursue Graham on its own without waiting for a specialized team trained to take down doors and clear rooms? They also questioned why the unit's officers used a narrow tactical radio frequency to alert their colleagues that Graham might be armed, rather than issue a warning on a more heavily trafficked channel that would have drawn other police units to the scene. A detective with experience in narcotics work suggested that the better approach would have been to use "caution and slow things down." |
| In Rare Incident, Girl, 8, Is Shot In WA Classroom; Boy Suspected ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A girl, 8, was shot and critically wounded yesterday in a third-grade classroom in Bremerton, Wa., says the Seattle Times. Bremerton police believe the shooting was accidental. Another student had brought the loaded handgun to school. The gun accidentally discharged while it was in the boy's backpack, and the bullet struck the girl, police said. he student who took the handgun to school, reportedly a 9-year-old third grader, has been booked into the a juvenile detention center. The student had recently transferred to the school, Bill Poss, husband of teacher Natalie Poss, told KIRO-TV. "I don't know a lot about the kid other than my wife's been coming home talking about him, and he's been a real problem in the class, and she's been very concerned about it," said Bill Poss. Yesterday, a report from the federal departments of education and justice said that violent crime in schools was declining. The number of violent deaths dropped to 33 in the 2009-10 school year, the lowest number since the agencies began collecting data in 1992. |
| Dallas Jail to Start Charging Inmates For Basic Medical Costs ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dallas County soon will begin charging certain jail inmates for their basic medical expenses, a practice common in some other states and a few Texas counties, says the Dallas Morning News. Sheriff Lupe Valdez said that within six months she will charge inmates a medical co-payment by tapping money in their commissary accounts, which they use to buy such items as toiletries and snacks. Inmates and their families put money in the accounts. Those without commissary money will not be charged for medical services, and emergency and chronic care will still be covered by taxpayers. "The families are putting money there and inmates can use it for gummy bears or to take care of their health," said County Commissioner John Wiley Price. Dallas County spent $32.3 million last year on jail medical services. About 65 to 70 percent of the total inmate population receives some medical care. The idea is not to generate revenue for the county but to cut recurring costs of transporting inmates to receive care. |
| Critic: Closing IL Prisons Absent Reform Will Make Problems Worse ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ From the moment it opened in 1998, Illinois' super-max Tamms prison has been controversial for its high costs and the harsh treatment of its inmates, says the Chicago Tribune. Critics say it is long past time to shutter a prison known for conditions often compared with the U.S. detention facility at Guantanamo Bay, Cuba. What many familiar with the system agree on is that Gov. Pat Quinn's call to close Tamms and the Dwight women's prison would leave the state's corrections system perilously overcrowded and even more desperately in need of reform. A prison system designed for 33,000 inmates that is already holding close to 48,000 would be doing so with two fewer prisons. "These changes will make a bad situation worse," said John Maki of the John Howard Association, a not-for-profit prison watchdog group. "The governor needs to double down and make sure he tackles prison reform and reduces the population." |
| PA Media Blocked from Hearing On Accused Murderer, 11 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A Pennsylvania court rejected an appeal by three newspapers to open to the public the hearing for a juvenile accused of killing his father's pregnant fiancee in 2009, reports the Pittsburgh Post-Gazette. As a result, Jordan Brown's adjudication hearing will be closed. The information blackout could be so complete that the public might not be able to learn when and whether a hearing has occurred, much less the outcome. Dennis Elisco, an attorney for the now 14-year-old Jordan, praised the decision. The newspapers could the three-judge panel's decision to the state Supreme Court. Post-Gazette attorney Frederick Frank said "there should be public access to this case, which involves significant issues regarding the criminal and juvenile justice system in the commonwealth. The Post-Gazette, as a representative of the public, should be able to report on the proceedings as they occur." Jordan was 11 when he was accused of killing Kenzie Marie Houk, 26, by shooting her in the the head as she lay in bed in the farmhouse she shared with his father. She was nine months pregnant. Jordan was initially charged as an adult, but his attorneys successfully argued to have him tried as a juvenile. Pennsylvania law says that hearings will be open in cases involving certain heinous crimes such as murder if the accused is 12 or older. |
| Whistleblowers Bring In Most of Federal Health Care Fraud Bounty ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ About 36 percent of the almost $16 billion recovered by the Justice Department in health care whistle-blower fraud cases has come since 2009, reports USA Today. A bipartisan coalition backed strengthening the False Claims Act in 2009, and the Obama administration pushed for more money and tougher fraud-fighting provisions in the 2010 health care law, said assistant U.S. Attorney General Tony West. In the past 20 years, whistle-blower cases have increased so they average about three times as much money back to the government as non-whistle-blower cases. In 2011, the federal government broke all records, bringing in nearly $2.3 billion in whistle-blower settlements and judgments. Since 1987, whistle-blower qui tam cases have earned about $16 billion; non-whistle-blower cases have collected about $5 billion. Large health care fraud cases often involve pharmaceutical companies either falsely advertising a product or marketing it for a use that hasn't been approved by the FDA. Health and Human Services Secretary Kathleen Sebelius said her budget included an additional $300 million to take on health care fraud. |
| Another U.S. Appeals Court Rules Against FOIA Mugshot Disclosure ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The federal government is under no obligation to release mugshots of accused criminals under the Freedom of Information Act, even though many states and localities make such booking photos public, says a federal appeals court ruling reported by Politico.com. The U.S. Court of Appeals for the Tenth Circuit decision by a unanimous three-judge panel rejected a request by the Tulsa World for the booking photos of six people indicted by grand juries. The ruling was a victory for the Obama administration, which staunchly defended the longstanding federal non-disclosure policy for mugshots. "There is little to suggest that disclosing booking photos would inform citizens of a government agency's adequate performance of its function. We agree with the district court that 'disclosure of federal booking photographs is not likely to contribute significantly to public understanding of federal law enforcement operations or activities,'" said Judge Paul Kelly Jr. The decision leaves the federal appeals courts split. The Tenth and Eleventh have held mugshots exempt from FOIA and the Sixth found them subject to release. Many national news organizations now employ stringers in Kentucky, Michigan, Ohio, and Tennessee--states in the Sixth Circuit--to request photos for nationwide use. |
| L.A.'s Beck Favors Driver's Licenses for Illegal Immigrants ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Wading into a divisive, politically charged debate, Los Angeles Police Chief Charlie Beck believes California should issue driver's licenses to illegal immigrants, reports the Los Angeles Times. He is one of the most prominent local figures to support an idea the state legislature has battled over repeatedly in the last 15 years. Beck's stance will inflame critics already angry over his his efforts to liberalize rules on how officers impound the cars of unlicensed drivers. Beck does not believe licenses for illegal immigrants should be identical to standard licenses. Saying "it could be a provisional license, it could be a non-resident license," he acknowledged that state officials would have to find ways to address widely held concerns that giving licenses to people who are in the country illegally could make it easier for terrorists to go undetected. Beck said he expected the number of hit-and-run accidents would decrease if illegal immigrants were licensed, because they would not have to fear being caught without a license at accidents. |
| Judge Throws Out Largest-Ever Foreign Corrupt Practices Act Case ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A federal judge in Washington, D.C., dismissed a high-profile foreign bribery prosecution, the latest in a series of setbacks for a Justice Department that has pledged to crack down of foreign corruption. "I, for one, hope this very long and I'm sure very expensive ordeal will be a true learning experience for both the department and the FBI as they regroup to investigate and prosecute FCPA cases," said U.S. District Court Judge Richard Leon as he dismissed the case. Judge Leon had from the beginning questioned the government's litigation tactics and legal theories underpinning the case, reports Legal Times. The conspiracy prosecution known as the "Shot Show" trial or the "Africa Sting" case brought charges against 22 people, the largest-ever Foreign Corrupt Practices Act case against individuals. The Justice Department had at the time heralded the prosecution as part of a new era of FCPA enforcement. |
| TN Gov Haslam Expects Law Allowing Guns In Cars at Work ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Tennessee Gov. Bill Haslam expects legislators to pass a bill requiring businesses to allow workers to store firearms in vehicles parked on company lots, the Associated Press reports. Haslam is trying to work out a compromise between gun rights supporters and business groups. "A lot of government is like that; it's about getting the balance right," he said. "This is one of those cases where you have property interests versus gun rights interests - both of which people in my party take very, very seriously." Haslam is a Republican. Haslam didn't say what change he would make to the current version of a bill supported by the National Rifle Association that would apply to both private businesses and public institutions. The measure also would cover any firearm owner, not just those with state-issued handgun carry permits. "Essentially what this bill does is to allow a legally possessed firearm to be kept in your vehicle out of sight on private property," said NRA lobbyist Heidi Keesling. That argument resonated with Sen. Stacey Campfield, who described himself as a "guns-wide-open kind of guy. He said: "I always consider my person - my being - my own private property. At what point is a concealed weapon considered private property on me, versus when I'm a car?" |
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