1 May 2012

May 1, 2012   Today's Stories

After Martin, Activists Demand New Look at Questionable Shootings ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Across the nation, people disillusioned by the criminal justice system were galvanized by the Trayvon Martin case and took to the Internet to demand that police and prosecutors take a second look at questionable shootings, reports the Miami Herald. From New York to Chicago, Atlanta, North Carolina, and elsewhere, people whose relatives were killed by cops, zealous security guards, or neighbors are inundating law enforcement officials with online petitions, calls from attorneys, and rallies. With Martin killer George Zimmerman facing second-degree murder charges, cases activists say would otherwise have been swept under the rug are gaining new momentum. Social media tools allow anyone to start a petition and keep in touch with people who sign. Experts say that has played a key role in spreading the word about other killings and helped empower victims, who are often poor and black. The phenomenon has lifted the veil on dozens of questionable shootings around the nation where police or prosecutors carried out lackluster investigations or were perceived to have protected law enforcement, activists said. "This is a message to law enforcement: Families are no longer powerless," said Steven Biel, Director of SignOn.org, the online petition site associated with MoveOn.org. "These petitions offer a way to send emails and organize people in an ongoing way. That's the most exciting thing: It's not just petitions, but organizing rallies and making sure the targets understand this is not just a bunch of people clicking a mouse." Miami Herald

Police Departments See More Budget Cuts; Overtime, Cars, Training Hit ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A survey of local police departments conducted by the Police Executive Research Forum suggests that the economic crisis may be easing in a minority of cities, but most police budgets still are being cut. Of 416 agencies that responded to similar surveys in 2010 and this year, 51 percent reported budget cuts this year, compared with 78 percent two years ago. Forty percent of the agencies said budget cuts were planned in the next fiscal year, compared with 61 percent in 2010. "The bad news is that most local police agencies are still suffering budget-cutting," said PERF executive director Chuck Wexler. "However, there may be some good news in the fact that the budget-cutting that began as early as 2008 seems to have stopped in some departments." Wexler said that in places including Camden, N.J., and Oakland, "budget cuts are having a direct impact on violent crime, which is significantly higher." Among other findings of the survey, 53 percent of agencies reported an increase in contacts with persons with mental illness due to the economic downturn, 56 percent of departments believe they have seen an increase in domestic violence because of the economy, and budget cuts were made most often in overtime (reported by 48 percent of agencies), vehicle fleets (39 percent), and training (30 percent). Police Executive Research Forum

Apple Training Chicago Police On How to Find Stolen Cellphones, iPads ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ When a young female robber snatched an iPhone from a woman from New Zealand on a Red Line train in Chicago on St. Patrick's Day, the chase was on, says the Chicago Sun-Times. The victim and a good Samaritan pursued the bandit from car to car, and off the train. Police stopped the suspect in an alley, but she swore she didn't have the phone. Then an officer typed the victim's Apple ID and password into the Find My iPhone application on his cellphone. Instantly, her stolen phone was pinpointed on a map. The officers found it nearby, hidden in a red shirt the 17-year-old suspect stripped off during the chase, police said. She was wearing a white tank top when she was caught. More than 700 electronic devices have been stolen on Chicago Transit Authority property over the past two years. More than 300 officers from the Chicago Police Department and other federal and local agencies have received free training from an Apple Store in hunting for stolen cellphones and iPads. The officers have learned to use Find My iPhone ­- as well as similar applications that track down other brands of cellphones such as Droids and BlackBerrys. The training paid off several months ago for an Apple employee robbed of an iPhone near the store. A cop in the store used Find My iPhone to locate the phone in a home. The phone was recovered, and the robber was captured. Chicago Sun-Times

Straub Quits as Indianapolis Public Safety Chief After Tumultuous Reign ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Scrutinized, criticized and second-guessed for much of his 28 months in office, Indianapolis Public Safety Director Frank Straub is calling it quits as of Aug. 1, says the Indianapolis Star. "You wake up one day and decide, 'That's it. It's time to move on,' " Straub said. "I'd been thinking about it for a while." Mayor Greg Ballard hired him from White Plains, N.Y., in 2010. Straub's letter of resignation signaled the end to a tumultuous reign that saw the centerpiece of his agenda -- aggressive police reform -- meet with persistent resistance or indifference from the police rank and file. At the same time, dozens of instances of officer misconduct and Straub's sometimes biting responses served as a sideshow to that agenda. "Frank Straub's work set the stage for the Department of Public Safety and all of its divisions to proudly serve this city in a positive fashion for years to come," Ballard said. "It hasn't always been easy, but meaningful reform seldom is." Straub said neither the pressure from the Fraternal Order of Police nor the City-County Council influenced his decision to leave. "The union criticism has been constant and caustic, and it reached such a point of ridiculousness that it didn't bother me that much," he said. Grillings before the council about his budget deficit and management style "are part of governing." Two weeks ago, Police Chief Paul Ciesielski resigned after a crucial piece of evidence in a pending trial involving a police officer was misplaced. Indianapolis Star

Study: Methadone Clinics Don't Raise The Local Crime Rate ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Methadone clinics often are seen as the bad neighbor nobody wants, says the Baltimore Sun. Residents concerned about crime and other quality-of-life issues protest if they even hear word of a methadone clinic, which treats those addicted to heroin and other opiates, is considering moving into the area. Drug-addiction specialists who say methadone is one of the most effective ways to treat opiate dependency are hoping a new study led by a University of Maryland School of Medicine faculty member debunks concerns that the clinics breed crime and drag down neighborhoods. The study is the first that takes a geographic look at crime around clinics, says the National Institute on Drug Abuse. Previous research examined the link between crime and methadone users. "The concern is that methadone treatment facilities are related to a higher crime rate in the area, but there is no evidence that this is what happens," said Antonello Bonci, scientific director of the institute. "We hope this study will alleviate this concern. I hope people will look at this data and realize it is not a problem." The research, led by Susan Boyd, found that crime doesn't increase because a methadone clinic opens. "I think there is still a very bad perception of methadone clinics," she said. "There are many more people out there who need treatment, but there are not enough slots and clinics available, and part of it is because of the community stereotypes they have about methadone clinics." Baltimore Sun

Police Chiefs Call for Tougher Prosecution of Gun Crimes ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Police executives are calling for tougher prosecution and stiffer penalties of gun crimes. "The fact is, people don't go to prison for firearms in Chicago," Chicago Police Superintendent Garry McCarthy told a meeting of the Police Executive Research Forum in Washington DC last week. "We're losing about half of our gun cases without disposition." McCarthy's comments were echoed by several other law enforcement leaders at the meeting, attended by about 250 police chiefs, assistant chiefs, FBI officials, Department of Justice authorities, public policy experts and others. Many complained that their enforcement efforts were hampered by lack of prosecutions and punishments on even the most serious of gun crimes---and said many U.S. Attorneys did not appear to be addressing the problem. "No one wants to put anyone in jail in D.C.," said D.C. Police Chief Cathy Lanier. Others pointed out that they could only be sure of getting the courts to focus on gun violence when they could tack federal charges onto a case. "Any time we can make a federal case out of a weapons or drugs play, we do," said Austin Police Chief Art Acevedo. The comments came during a standing-room-only discussion of a new PERF study on gun violence in six North American cities--Minneapolis, Milwaukee, Austin, San Diego, Philadelphia, and Toronto. The Crime Report

In Test of Detroit Rape Kit Backlog Mess, 1997 Case Goes to Trial ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Fourteen years after a Detroit woman reported a sexual assault, she got her first call back from authorities, says the Detroit News. A suspect's DNA matched a sample taken that long-ago night and sealed in a cardboard box in a Detroit Police Department Crime Lab property room. Today, a 38-year-old man is being tried for that crime. Defendant Antonio Jackson has been married for five years, working, getting on with his life. His lawyer, Michael Komorn, questions "a rush to judgment" based on physical evidence collected long ago, in what he calls "a monumental" backlog. It's the first test of the 400 Project, a random sample of 400 of the 10,559 cardboard boxes called "rape kits" that languished in a property room until they were "discovered" or "observed" during a 2008 walk-through of the room by state police officials and Wayne County Prosecutor Kym Worthy. Four years after authorities began an effort to tackle the boxes, and the thousands of stories and potential crimes languishing inside, the first case of 400 studied is finally coming to trial. "You don't get a problem like this because one person didn't do his job," said Rebecca Campbell, a Michigan State University psychology professor. She is working with prosecutors, police, and medical personnel to diagnose what happened, why it happened, and how to prevent it from happening again. Campbell describes a systemic failure of colossal proportions involving many people: relationships between the police and prosecutor, between hospitals and forensic examiners and doctors and lab technicians, each trying to do their jobs. Detroit News

Arrests Down, Crime Up After Newark, Camden Police Layoffs ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Police in Newark and Camden, N.J., made nearly 7,700 fewer arrests last year than in 2010 as violent crime rose during the same period in the wake of some of the largest police layoffs in New Jersey history, reports the Newark Star-Ledger. While many had suggested the layoffs would result in surges in violent crime, the trend actually began at least a year before the first officers were handed pink slips. After looming budget deficits forced the two cities to lay off more than 160 cops each, the combined number of arrests fell to 25,012 last year from 32,703 in 2010. Camden's arrest rate dropped 43 percent last year from 2010, while Newark's dropped by 16 percent. The arrest rate has fallen for the past three years in Newark and for the past two in Camden. At the same time, the number of shootings, homicides, and robberies rose over the same period in both cities. Prof. Wayne Fisher of the Rutgers Police Institute said it is clear that reductions in police manpower will have consequences. "These numbers are evidence that those consequences have in fact taken place," he said. Newark Star-Ledger

First Scientific Study Contends Tasers Can Cause Cardiac Arrest ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The American Heart Association journal, "Circulation" published the first ever scientific, peer-reviewed evidence that Tasers can cause cardiac arrest and death, says the Cincinnati Enquirer. Written by electrophysiologist Douglas Zipes of Indiana University, the article looked at eight cases involving the TASER X26 ECD. The controversial electroshock devices administer 50,000 volts designed to immobilize a person's muscles temporarily so officers can gain control of the subject. They have a range of 35 feet. About 16,000 agencies internationally use the device, which was marketed as non-lethal. Of­ficials have cred­ited them with help­ing to reduce fa­tal po­lice in­cidents. Cinc­innati po­lice began us­ing Tasers af­ter the Nov. 30, 2003, death of Nathaniel Jones in po­lice custody. The 41-year-old man's vio­lent struggle with offi­cers ended when his heart stopped. Jones had cocaine, PCP, and methanol in his system. Critics argue that Tasers too often have a deadly outcome. Since 2001, more than 500 people have died after Taser stuns, charges Amnesty International, which contends that stricter guidelines for its use are "imperative." Cincinnati Enquirer

Oakland Police Trained for May Day Protests, Used Illegal Weapons In Fall ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Oakland police officers will all be trained to handle crowds in advance of a May Day protest today, says Chief Howard Jordan. Concern is mounting that police and protesters might come to blows, as they did Oct. 25 after officers evicted protesters from an encampment in front of City Hall. Internal police department reports from last fall's protests show that factors like poor planning, understaffing, uneven officer training, and the use of mutual aid, as well as violent behavior by small groups of protesters, culminated in uses of force on entire crowds that violated policies and made protesters vulnerable to potential harm, reports the Bay Citizen. Police officers from Oakland and other Bay Area agencies repeatedly used weapons that were illegal under Oakland's policy. Mutual aid agencies are not required to adhere to Oakland's policies on use of force, nor are they required to stop using weapons that the Oakland agency prohibits. The current policy prohibits the crowd-control use of various weapons, including Tasers, wooden dowels, and stingball grenades (which eject rubber pellets). Bay Citizen (CA)

Milwaukee Journal Sentinel's Gina Barton Wins Nakkula Award ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Denver Press Club named Gina Barton, law enforcement investigative reporter for the Milwaukee Journal Sentinel, winner of the 2012 Al Nakkula Award for Police Reporting. The award is named for the late Al Nakkula, a 46-year legendary police reporter of the Rocky Mountain News, and is sponsored by the press club and the Colorado University School of Journalism and Mass Communication, and the DPC. "Gina Barton demonstrated the kind of bulldog reporting that personifies what Nak was all about," said Tustin Amole, a judge in this year's contest. "She spent two years scouring records and tracking down victims and witnesses to reveal that the same people the public trusted to protect and serve them, were themselves guilty of criminal behavior. Her work not only represents excellent journalism, but personifies the kind of fearlessness needed to investigate those who hold positions of power." In February, Barton won one of the annual John Jay College/Harry Frank Guggenheim Excellence in Criminal Justice Reporting awards for "Both Sides of the Law," a multi-part series about lawbreakers on the Milwaukee police force. Denver Press Club

U.S. Court: Police Rubber Bullet Shots At Drunk Driver Suspect Excessive ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A federal appeals court overturned a jury and found that Waukesha, Wi., police used excessive force when they shot a suspected drunken driver four times with rubber bullets in 2005. reports the Milwaukee Journal Sentinel. One shots caused a six-inch gash in the driver's ankle that required 30 stitches. The 7th U.S. Circuit Court of Appeals ruled 2-1 that a trial judge should have granted Tamara Phillips' motion for judgment as a matter of law, despite a jury's verdict in favor of the police. The case now heads back to federal district court for a hearing on the extent of Phillips' damages and attorney fees. "In an excessive force case, while we accept the factual inferences made by the jury, we must independently review the jury's interpretation of what is reasonable under the Fourth Amendment," wrote Judge Ann Claire Williams, joined by Judge Diane Wood. Dissenting Judge John Daniel Tinder wrote that he believed a jury could have found the force was reasonable. Phillips' attorney, Mark P. Murphy, said the incident was a turning point in his client's life. "She's very grateful to the judges," he said. "The easy, political thing to do would have been to say, 'The jury has spoken.' " Milwaukee Journal Sentinel

30 April 2012

April 30, 2012   Today's Stories

Racial Issues Loom as Sanford, Fl., Seeks Temporary Police Chief ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Sanford, Fl., is searching for an outsider to run its troubled Police Department temporarily, and whoever takes the job will face a deeply divided community and little time to build trust, criminal-justice experts and community leaders tell the Orlando Sentinel. On one side are those demanding the firing of police Chief Bill Lee, who stepped aside temporarily after a storm of criticism over the way his department handled the fatal shooting of 17-year-old Trayvon Martin. On the other side are residents - many of them police officers - who support Lee and want to see him return. In the background are long-standing complaints of police racism and recent scandals involving officers. "Any interim chief coming into Sanford is certainly going to face challenges," said Kenneth Adams, a professor of criminal justice at the University of Central Florida. "He will have to deal with a community that is very divided, so it will become a challenge to bring them together in such a short time." City Manager Norton Bonaparte wants someone who has served as chief of another agency for several years and is able to evaluate the day-to-day functions of the police department, which has 137 employees. Sanford has contracted with the Police Executive Research Forum in Washington, D.C., to find candidates for the job. The department has a history of racial incidents. Sanford's previous chief, Brian Tooley, was criticized when his department did not arrest a police officer's son captured on video punching a homeless black man. Orlando Sentinel

Charles Colson's Prison Legacy: Experts Differ on Impact ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Charles W. Colson, Richard Nixon's "hatchet man," who died last week, founded in 1976 what became Prison Fellowship, the world's largest Christian outreach to prisoners. Historians of penology remembered Colson as someone who, in a small way, pointed American prisons back toward their roots, writes Mark Oppenheimer in the New York Times. A spokesman for Prison Fellowship pointed to studies by New York Theological Seminary and the University of Pennsylvania, among others, finding that prison ministry turns inmates away from crime. Not all scholars are convinced. "Criminologists have convincingly shown that inmates involved in religious programming have fewer infractions while inside," said Jennifer Graber, who wrote a book on religion in prisons. "The data outside is much more difficult to interpret." Winnifred Sullivan, a professor at the University of Buffalo and the author of "Prison Religion," said, "Nobody knows if this stuff works. Because prisoners must request to be part of Colson's programs, they may be a more motivated population, Sullivan said, making it hard to determine the source of any eventual success. New York Times

Prediction: No Prison Terms in Wal-Mart Mexican Bribery Scheme ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If past history is a guide, no one is likely to go to prison in the Wal-Mart Mexican bribery scheme, James B. Stewart writes in the New York Times. News reports say the case may involve millions of dollars in illegal payoffs to Mexican officials and evidence of a cover-up scheme that went all the way to Wal-Mart headquarters in Bentonville, Ar. The Foreign Corrupt Practices Act, which outlaws the bribery of foreign officials by U.S. executives, carries stiff penalties for those convicted: fines of up to $5 million and up to 20 years in prison. Like Wal-Mart, Tyson Foods employees bribed Mexican officials. Tyson covered up the scheme. Worse, they tried to keep the bribes going by changing the nature of the illegal payments. The scheme reached into Tyson's headquarters, also in Arkansas. Last year, the Justice Department charged Tyson with conspiracy and with violating the Foreign Corrupt Practices Act. Tyson didn't contest the facts, agreed to resolve the charges, and paid a $4 million criminal penalty. Qi Chen, working with Prof. Andrew Spalding at the Chicago-Kent College of Law at the Illinois Institute of Technology, found that 37 of the 57 companies involved in bribery enforcement actions from 2005 to 2010 settled bribery accusations and had no related individuals charged. New York Times

Philadelphia Murder Victim Families Raise Funds to Solve Cases ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ With Philadelphia's yearly murder tally consistently passing 300, and with a murder clearance rate of about 60 percent, hundreds of families around the city know what it's like when the leads dry up and the killer of their daughter, or son, or brother roams free as if nothing happened, reports the Philadelphia Daily News. Disheartened relatives of murder victims have built their lives around bringing the killers to justice, putting up rewards out of pocket, organizing fundraisers, and canvassing some of the city's roughest neighborhoods. "It has to be me, because no one else is going to do it," Janice Collins said of her efforts to push for closure in the case of her murdered daughter, Ericka Brair. "I feel like I just relive it and relive it. It's been a rough road." Right after her daughter's murder five years ago, Collins, 59, and her mother put up a $2,000 out-of-pocket reward through the Citizens Crime Commission and raised more by selling "Justice 4 Ericka" bracelets and holding a beef-and-beer fundraiser at a place where Ericka worked with a friend, making the reward $10,000. Philadelphia Daily News

Maryland Appeals Court Rules Against DNA Collection from Suspects ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Top Maryland law enforcement officials are pushing back against a Court of Appeals decision that prohibits DNA collection from suspects charged - but not yet convicted - of violent crimes, saying the ruling will allow dangerous criminals to go undetected by authorities, the Washington Post reports. Gov. Martin O'Malley, police chiefs, and prosecutors are urging the state's attorney general to challenge the ruling, which found that swabbing criminal suspects for DNA samples after they are charged is a violation of the suspects' constitutional rights. Police and prosecutors say the case could jeopardize the convictions of 34 robbers, burglars, and rapists whose genetic samples were taken after they were charged in separate cases. They also said it will hamper detectives' ability to solve cold cases."It really sets Maryland back in the crime fight," said Col. Marcus L. Brown, superintendent of the Maryland State Police. The case puts Maryland at the center of a brewing national debate that raises the question of how to balance privacy rights and public safety. Federal and state courts across the country have issued mixed opinions on when DNA collection is legal. The governor's office says 26 states have legislation similar to Maryland's. The issue seems destined to be resolved by the U.S. Supreme Court. Washington Post

U.S. Drops Conviction Over Hair Evidence, Critics Seek National Review ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Federal prosecutors acknowledged errors in the scientific evidence that helped send Santae Tribble of Washington, D.C., man to prison for 28 years for murder and took the extraordinary step of agreeing to have his conviction overturned, reports the Washington Post. U.S. Attorney Ronald Machen stopped short of declaring him innocent. Tribble, 51, was found guilty of the 1978 murder of a taxi driver. His case was featured last week by the Post, which said that Justice Department officials have known for years that flawed forensic work might have led to convictions of innocent people. In Tribble's case, prosecutors and the FBI lab were incorrect in linking a hair found near the murder scene to Tribble. Three former senior FBI lab experts and a national civil liberties group joined calls for the Justice Department to review testimony in all convictions nationwide that depended on FBI hair evidence before 1996. U.S. Rep. Frank Wolf (R-Va.) urged the Justice Department to review its handling of 250 questionable convictions identified by the Post, most of which relied on hair comparisons. "Obviously, if there are problems in D.C., there are problems across the country," said Virginia Sloan, president of The Constituion Project. "To think this kind of testimony or potentially flawed evidence is limited to a particular location makes no sense." Washington Post

Texas Murder Exoneree Michael Morton Tries to Fix Justice System ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The past few years in Texas have seen a parade of DNA exonerations: more than 40 men so far, says NPR. The first exonerations were big news, but the type has grown smaller as Texans have watched a dismaying march of exonerees, their wasted years haunting the public conscience. The Michael Morton case in Williamson County, north of Austin, is raising the ante. Morton had been sentenced to life in prison for murdering his wife. He was released six months ago - 25 years after being convicted - when DNA testing proved he was not the killer. Instead of merely seeking financial compensation, Morton is working to fix the system. His lawyers, including The Innocence Project, want to hold the man who put him behind bars accountable. They want new laws to make sure Morton's story is never repeated. NPR

Seattle Police Drone Looks Like a Toy, Raises Privacy Issues ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Seattle Police Department's drone doesn't look like much of a threat in person--it looks like a toy, says the Seattle Times. Officer Reuben Omelanchuk demonstrated how the unmanned aerial vehicle hovers and flies. "It's very fun," said Omelanchuk, one of two officers trained to fly the vehicles. "But doing it safely can be stressful at times." The 3.5 pound Draganflyer X6 Helicopter Tech cost $41,000 and is operated with a handheld controller and two joysticks. It has cameras that take still pictures, videos, and infrared shots that can be viewed live, but it has a battery life of less than 10 minutes. It can't carry anything that weighs more than 35 ounces. It can't be flown around people or over crowds. The approval from the Federal Aviation Administration to operate the drone has raised issues about privacy, the use of technology in law enforcement and the alleged militarization of police work. The American Civil Liberties Union says current laws are inadequate to safeguard citizen privacy. The proposed use of drones in Seattle should prompt city leaders to draft policies and procedures that set strict guidelines on when and how the vehicles can be used, what information will be gathered, with whom it will be shared and how long it will be stored, said the ACLU's Doug Honig. Seattle Times

U.S. Sentencing Commission Weighs Proposed Changes In Child-Porn Cases ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Child-pornography offenders are the focus of an intense debate within the legal community as to whether the federal sentences they face have become too severe, the Associated Press reports. By year's end, the U.S. Sentencing Commission plans to release a report that's likely to propose changes on child-porn sentencing guidelines. The issue "is highly charged, both emotionally and politically," said a commissioner, U.S. District Judge Beryl Howell. Many federal judges and public defenders say repeated moves by Congress to toughen the penalties over 25 years have badly skewed the guidelines, to the point where offenders who possess and distribute child pornography can go to prison for longer than those who actually rape or sexually abuse a child. Some prosecutors and members of Congress, as well as advocates for sexual-abuse victims, oppose any push for leniency. At a public hearing in February, a victim lamented to the Sentencing Commission that child pornography offenders "are being entertained by my shame and pain." The commission report will be submitted to Congress, which could shelve it or incorporate its recommendations into new legislation. Associated Press/San Francisco Chronicle

Security Firms Rely on Fear to Get Business for GOP Convention ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ With the Republican National Convention four months away, private security firms, lawyers, and bodyguard training companies are relying on fear to sell their services, reports the Tampa Bay Times. "The RNC is coming [ ] Is your security ready for it?" says a mailer to 5,000 downtown businesses from a Lutz security installation company. "At the 2004 RNC there were 1,800 arrests, in 2008 there were 800 arrests. What kind of mayhem will Tampa see in 2012?" A former Hillsborough County sheriff's deputy offers "armed executive personal security and transportation" on his investigations and security consulting company website, while a Tampa insurance claims adjustor is circulating a news release explaining how companies should protect themselves in case mayhem occurs. Of the 50,000 visitors expected for the RNC, police said 15,000 will be protesters. ASI Consultants & Associates, a. Fort Lauderdale bodyguard training firm. advertises three-day sessions to train and license bodyguards with as many as six certifications and prerequisites to get RNC-related security jobs. "I've gotten probably about 40 phone calls," said owner Bill Ferrell. "We actually had that class filled within the three weeks of advertising it, and we actually turned down some people." Tampa Bay Times

Steven R. Schlesinger Dies; Former U.S. BJS Director, Court Official ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Steven R. Schlesinger, director of the Justice Department's Bureau of Justice Statistics from 1983 to 1988, died last week in Washington, D.C., at 68. For the past 13 years, Schlesinger was chief of the statistics division of the Administrative Office of U.S. Courts. He also had been a professor of political science at Rutgers and Catholic universities, and was director of the Justice Department's Office of Policy Development after leaving BJS. The SEARCH organization said Schlesinger had worked with it on improving the data quality of criminal history records. SEARCH general counsel Robert Belair said, "Steve believed that complete and accurate criminal history record information is essential in order for the nation to make smart and effective criminal justice decisions." Schlesinger had bachelor's and master's degrees from Cornell University and a Ph.D. in political science from the Claremont Graduate School in California. He is survived by his wife, Lesley Solomon, two sons, and a grandson. SEARCH

After Cartagena, Secret Service Imposes New Rules, Ethics Training ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The U.S. Secret Service imposed new rules aimed at tightening oversight of its employees on international trips, banning staff members from bringing foreigners into their hotel rooms, drinking alcohol within 10 hours of duty, and visiting "non-reputable establishments," the Washington Post reports. The agency distributed the list of 10 rules in a memo to employees, codifying what traditionally had been a largely unwritten code of conduct. The changes were deemed necessary after 12 agents and officers were implicated in an incident that involved heavy drinking and payments to prostitutes in advance of President Obama's visit to Cartagena, Colombia, two weeks ago. Next week, the agency will hold ethics training for more than 100 employees, and more mandatory courses will be scheduled. The agency hopes to put all of its 3,500 agents and 1,400 uniformed officers through the training. Washington Post

27 April 2012

April 27, 2012 Today's Stories

Senate Approves Domestic Violence Act, But Battle Looms in House ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Senate voted 68-31 Thursday to reauthorize the Violence Against Women Act and expand its reach to American Indians and homosexuals, after Republicans opted out of an expected partisan brawl, reports the New York Times. But a political fight still looms when the House takes up a version of the legislation next month that lacks the hot-button issues added in the Senate. Fifteen Republicans voted for the measure, which extended landmark 1994 legislation to give courts and law enforcement new tools to combat domestic violence. Amid partisan brawls over abortion and contraception, some Democrats saw the Violence Against Women Act as the next battle in what they framed as a Republican "war on women." But Senate Republicans did not rise to the bait. Republican senators like John Cornyn of Texas made clear their concerns, but even before amendments to address those concerns were voted on, many of the same senators who had expressed reservations signaled that they would vote for the bill, regardless of whether it was changed. No Republicans spoke out against it before the final tally. New York Times

Attorney Says Zimmerman Raked in $204,000 in Donations Via Website ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ George Zimmerman's attorney revealed Thursday on CNN that the accused murdered had received about $204,000 from supporters before he shut down the website on which he solicited donations. Lawyer Mark O'Mara said he would discuss the money at a court hearing today in Florida. The hearing was originally scheduled to discuss issues about the unsealing of Zimmerman's criminal file, but the donations could overshadow that issue. Zimmerman, 28, is charged with second-degree murder in the fatal shooting of unarmed Trayvon Martin, 17. Zimmerman was released Monday after his family posted 10 percent of $150,000 bail. O'Mara had said earlier that he believed Zimmerman had no money. "I think he's indigent for costs," he said, adding that Zimmerman's relatives had few assets. "They tried to portray themselves as indigent that they did not have any money," said Martin family attorney Benjamin Crump. "We think the court should revoke his bond immediately, and he should be held accountable for misleading the court." CNN

Report: FL Trooper Miscommunication Cited in 11-Fatality Pileups on I-75 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Missteps and miscommunication by Florida Highway Patrol supervisors occurred in the early hours of Jan. 29 when troopers closed and then prematurely reopened Interstate 75 moments before a string of deadly wrecks, the Florida Department of Law Enforcement concluded Thursday. The Gainesville Sun said the 38-page report details failures to follow policies, differences of opinion between FHP troopers and command staff and other problems that morning, when smoke and fog reduced visibility to nothing on I-75 near Gainesville. About 20 vehicles were involved in six separate crashes on both sides of I-75 that killed 11 people and hospitalized 22 others. No one from FHP has been disciplined for their actions that night. A spokeswoman for the Department of Highway Safety and Motor Vehicles, which includes the Highway Patrol, said it's too early to consider disciplinary action. That disturbed at least one survivor of the crashes. "This is taking it so lightly it's ridiculous," Bernie DeWit said. DeWit, 58, of Grand Rapids, Mich., suffered a broken back in the wrecks, while his wife, Margie, 56, has not yet awakened from the coma she has been in since the accident. Gainesville Sun

ATF: 68,000 Guns Used in Mexican Crimes Were Traced Back to U.S. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Mexican authorities have recovered 68,000 guns in the past five years that have been traced back to the United States, reports the Washington Post, underscoring complaints from Mexico that the U.S. is responsible for arming its drug cartels More than 47,000 people in Mexico have been killed in six years of violence between warring cartels. The ATF, in releasing data covering 2007 through 2011, said many of the guns seized in Mexico and submitted to the ATF for tracing were recovered at the scene of cartel shootings while others were seized in raids on illegal arms caches. All the recovered weapons were suspected of being used in crimes in Mexico. At a North American summit in Washington on April 2, Mexican President Felipe Calderon said the U.S. government has not done enough to stop the flow of assault weapons and other guns. Calderon credited President Obama with trying to reduce the gun traffic, but he said that Obama faces political resistance. There is Republican opposition in Congress and broad opposition from Republicans and gun-rights advocates elsewhere to a new assault weapons ban or other curbs on gun sales. Washington Post

Michigan Legislators Propose Deep Cuts to Gov. Snyder's Prison Budget ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Michigan legislators are recommending significant criminal justice cuts in what had been a standpat spending plan put forward by Gov. Rick Snyder, reports the Detroit Free Press. Snyder and Budget Director John Nixon proposed a 3 percent bump in the general fund to $9 billion, signaling a shift to reinvestment after years of austerity. But House and Senate lawmakers -- spooked by a reported dip in anticipated state revenues -- have identified more than $100 million in additional savings. The House version of the Department of Corrections budget recommends closing the Michigan Reformatory in Ionia and shifting its 1,300 inmates to a private prison, at an estimated net savings of $7.1 million. The House version also recommends closure of three juvenile justice facilities and the transfer of their 90 residents to private facilities for a net savings of $4.3 million. The Senate version of the Corrections budget recommends elimination of 580 supervisors, secretaries, librarians and other support staff to save an estimated $58.8 million. Detroit Free Press

Judge: FL Gov.'s Drug-Testing Plan for State Employees Is 'Unreasonable' ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A Miami federal judge Thursday slammed Florida Gov. Rick Scott's order requiring random drug testing for tens of thousands of state government employees as unconstitutional because his policy failed to specify any "public interests" to justify the invasion of privacy, reports the Tampa Bay Times. Scott said he was disappointed and vowed to appeal the ruling, saying he believes that "drug testing state employees is a common sense means of ensuring a safe, efficient and productive workforce." But the governor would face a formidable challenge on appeal in the higher courts. U.S. District Judge Ursula Ungaro declared that Scott's executive order to conduct random drug tests of 85,000 state employees amounted to an "unreasonable" search under the Fourth Amendment of the Constitution. Her decision was based on U.S. Supreme Court precedents that have cited the Fourth Amendment ban on unreasonable searches, concluding that governments cannot require job applicants to take drug tests absent a "special need," such as safety. Ungaro found that Scott's order was so broadly worded that it failed to meet any drug-testing searches deemed "reasonable" by the U.S. Supreme Court because of "surpassing safety interests," such as mandatory urine tests of railroad workers. Tampa Bay Times

Florida Court Rejects Sentencing Appeals by 25 Condemned Killers ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Florida Supreme Court on Thursday rejected appeals by 25 men on Death Row who claimed that their lawyers were ineffective in investigating their backgrounds before sentencing, reports the Miami Herald. The rulings were no surprise in the legal community after justices in December issued an opinion rejecting an appeal by a Pinellas County triple murderer who sought to have his death penalty sentence tossed out for the same reason. Combined, the Miami-Dade men have spent 131 years on Death Row awaiting execution. In Florida, juries in death penalty cases preside over a guilt phase and a separate penalty phase, in which lawyers present evidence about their client's past and argue why the defendant should not be executed. The men had appealed their convictions after the U.S. Supreme Court in 2010 tossed out the death sentence for George Porter, 80, who was sentenced to execution for the 1986 fatal shootings of his ex-girlfriend and her new boyfriend. The court ruled that Porter's defense attorney should have investigated his background to prove "mitigating evidence" why the man should be spared. Miami Herald

House Recommends $12 Million to Help Improve Gun Background Checks ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The U.S. House is looking to spend $12 million to improve the national system for conducting background checks for gun purchases, reports the Washington Post. The House version of the annual spending bill for the Department of Justice includes an additional $7 million to help states provide better data, including mental health records, to the National Instant Background Check System. The full appropriations committee approved the $51 billion bill Thursday. The House is expected to take up the measure next month. Last week, Virginia Gov. Bob McDonnell sent letters to every governor in the nation asking for support in improving background checks for gun purchases. He asked the governors to provide information to the NICS, which is required to be used by federal firearms licensees to determine whether a potential buyer is eligible to purchase a gun or explosive. In the past decade, more than 100 million checks have been made, leading to more than 700,000 denials. New York Mayor Michael Bloomberg, co-chairman of Mayors Against Illegal Guns, praised the funding recommendation. Washington Post

More Cuts Scheduled for Oregon Courts; Lines Will Grow Longer ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ With more cuts scheduled for Oregon courts, even longer lines at courthouses seem inevitable, reports the Oregonian. By May 1, court administrators expect to eliminate the equivalent of 95 full-time positions statewide, and that means fewer employees at the counter to accept payments for tickets, to answer questions, to pull files from archives, to enter warrants into the computer system and to staff courtrooms that hear criminal and civil cases. The cutbacks bring the total number of positions cut since 2009 to 296, a 17 percent decrease. Some of the eliminated jobs were vacant already and left open because administrators predicted future budget woes, but the others are now held by dozens of employees who will get laid off. There is the chance that lawmakers will add back some of the jobs in coming weeks or years. The Judicial Department is applying for a $1.1 million emergency infusion from the Legislature this spring in hopes of softening the blow. Oregonian

Online Bullying, Pervasive to Kids, Is Hidden From Parents, Schools ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Nearly 4,700 cases of online bullying, harassment and intimidation were reported by Maryland schools last academic year, creating a vexing problem for parents and schools to police, reports the Baltimore Sun. The harassment and intimidation is pervasive, inescapable to a generation tied to the Internet. Yet most of it happens out of view of parents. Unlike traditional schoolyard teasing, cyber-bullying can take place 24 hours a day, and often happens off school grounds, making it difficult for school officials to track. And because discipline is left to local school officials, it varies across Maryland and is considered too subjective to some parents and teachers. The consequences of cyber-bullying resounded in Maryland after the Easter Sunday suicide of 15-year-old Grace McComas. Her parents said the high school sophomore took her life after months of being victimized online. "This incident underscores the 21st-century bully, equipped with a cell phone and a Facebook account, is a constant source of torment for our kids," said New Jersey state Sen. Barbara Buono, lead sponsor on anti-bullying legislation there. The state's law, considered to be the most progressive in the country, requires all schools to have an in-house anti-bullying specialist. Baltimore Sun

AZ Governor Overhauls Clemency Board; Longtime Chairman Is Bounced ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Gov. Jan Brewer has overhauled Arizona's five-member board that often is the last chance for death-row inmates to seek mercy, reports the Associated Press. The outgoing members have a reputation among prosecutors, defense attorneys and anti-death-penalty advocates for being fair and open-minded, especially its now-former chairman and executive director, Duane Belcher. He had been on the board since 1992 after first being appointed by then-Gov. Fife Symington, a Republican. He was reappointed in 2003 by then-Gov. Janet Napolitano, a Democrat. Although Belcher reapplied to the board after his term expired, Belcher said the board's nominating committee declined to interview him. "I was told that they were going in a different direction and that I'm not included in that," he said. He was replaced by Jesse Hernandez, utreach and government affairs director for Republican Rep. David Schweikert and founder of the Arizona Latino Republican Association. The other two outgoing board members are Marilyn Wilkens and Ellen Kirschbaum, both appointed to the board in 2010 by Brewer. They are replaced by Brian Livingston, executive director of the Arizona Police Association and a former longtime Phoenix police officer, and Melvin Thomas, former warden of a private Arizona prison that houses inmates convicted of drunken driving. Associated Press

After 'Occupy' Criticism, Oakland Police Reform Crowd Protocols ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Stung by criticism over his officers' actions during Occupy Oakland protests and other demonstrations, Oakland Police Chief Howard Jordan is ordering "major reforms" in how police deal with large crowds, reports the San Francisco Chronicle. Smaller groups of officers will go into crowds to weed out problem protesters, and officers will make every effort to ensure that demonstrators hear dispersal orders and are given a chance to leave, Jordan said. All officers are undergoing training on how to handle large crowds, he said. The police initiatives will balance protesters' First Amendment right of peaceful assembly with officers' responsibility to enforce the law and protect citizens and property, Jordan said. Occupy and its sympathizers have criticized police for the city's response to the group's protests since October. Protesters have accused officers of using batons and firing beanbag bullets and tear gas without justification and have pointed out that other large-scale protests across the country have not generated a similar response. Protesters also accused police of making unlawful mass arrests without ordering people to disperse. San Francisco Chronicle