| 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 |
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Thursday, March 8, 2012
06 March 2012
Tuesday, March 6, 2012
05 March 2012
| March 5, 2012 Today's Stories |
| Fears of Obama Again Get the Blame for Gun-Buying Surge ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Enthusiasts are stocking up on guns and ammunition, and some in the industry are wondering whether sales are spiking as they did after Barack Obama won the presidency in 2008, reports the Ft. Worth Star-Telegram. That rush created a nationwide shortage. "Look who the Republicans are trying to put against Obama," said DeWayne Irwin of the Cheapter Than Dirt gun store. "It's the Keystone Kops and people are getting scared. People are terrified he's going to get re-elected and then he won't care about getting votes next time. He'll just pass whatever legislation he wants." Others link the uptick in sales at gun stores to anything from the arrival of tax refunds to a spending spree by fans of the National Geographic Channel's Doomsday Preppers show, which chronicles people preparing for the end of the world. Last year, the FBI got 16.3 million inquiries from people running background checks on potential gun buyers. That's up from 12.7 million in 2008 and 11.4 million in 2007. "I'm constantly getting questions from people in the gun community about this [issue]," said Alan Korwin, author of nine gun law books and operator of gunlaws.com. "People are concerned that if Obama wins, as a lame duck, he will go after firearms in a way we have never seen before." U.S. Attorney General Eric Holder has said the Obama administration "has consistently favored the reinstitution of the assault weapons ban. It is something that we think was useful in the past with regard to the reduction that we've seen in crime and certainly would have a positive impact on our relationship and the crime situation in Mexico." Ft. Worth Star-Telegram |
| Federal Judges' Sentences Varying Widely Again: Study ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A new study shows that federal judges are issuing widely disparate sentences for similar crimes 30 years after Congress tried to create fairer results, the Associated Press reports. Sentencing data from the past five years analyzed by the Transactional Records Access Clearinghouse show that sentences for the same types of crimes vary significantly between judges in the same courthouse. The party of the president who picked a judge is not a good predictor of whether a judge will be tough or lenient. Judges who meted out the harshest average sentences after trials for drugs, weapons, and white-collar charges were split evenly between the two parties, based on which president appointed them. In the 10 court districts with the most drug case sentences after trial, Republican-appointed judges assigned stiffer average sentences in five districts, but Democratic appointees gave longer penalties in the other five. Judges no longer are bound by sentencing guidelines. After the Supreme Court made the guidelines optional, many observers expected that judges still would use them out of habit and tradition, and because they can shield the judges from too much disparity. "Perhaps that view has worn off now and they are back to fashioning sentences that are more individualistic," said Russell Wheeler, the former deputy director of the Federal Judicial Center who teaches law at American University. Associated Press/Memphis Commercial Appeal |
| Miami Police Slash Specialized Units Even As Layoffs are Averted ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Miami-Dade police have avoided mass layoffs but budget woes still are sparking resounding changes within the county's largest law enforcement agency, reports the Miami Herald. Disbanded last month: the department's longtime Cargo Theft and Auto Theft task forces. Dozens of officers have been transferred to districts at the airport and seaport, which operate on budgets paid for by the transportation hubs. Specialized units that focus on homeland security, agricultural patrol, and community policing also have been slashed. With no new hiring on the horizon, and some 100 or more officers retiring over the next two years, Miami-Dade police is expected to look radically different in the near future. Police Director Jim Loftus laments the loss of the cargo and auto theft task forces, which coordinated larger complex investigations with fellow law enforcement agencies. "It comes down to weighing what is most important. I've got to prioritize the max strength we can afford on the road," Loftus said. "Homicides, robberies, rapes - all of those crimes against persons take priority over everything else." The changes come a month after Miami-Dade police narrowly avoided losing more than 100 officers to layoffs, which would have been the first such cuts in history. Miami Herald |
| Rise in Youth Heroin Addiction Seen in Detroit Suburbs ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Addictions to opiate-based painkillers such as OxyContin and Vicodin are fueling a growing heroin problem in the Detroit suburbs, reports the Detroit Free Press. Authorities in Wayne, Oakland, and Macomb counties said they have seen increases of up to 50 percent in the number of people seeking treatment for heroin addiction. "We're constantly amazed at how young the users are getting," said Detective Sgt. Deron Myers of the Chesterfield Township Police Department. "Years ago, you'd never fathom a 15-, 16-, 17-year-old using heroin. It was considered an inner-city [ ] drug." The new heroin addicts likely started off using prescription drugs. When the prescription drugs ran out, they turned to the street, where the drugs cost $80 a pill. Heroin, on the other hand, is cheap -- as little as $5 a pop. "That's what's driven the epidemic over the last two years," said Rick Isaacson of the Drug Enforcement Administration. "It's almost as if you're not becoming a heroin addict, per se, you're becoming an opiate addict." Health agencies say that they have seen in increase in heroin addiction in their treatment facilities, and opiate painkillers such as Vicodin and OxyContin are increasingly at the root of the addiction. Detroit Free Press |
| Oregon Prison Security Program Helps Cut Inmate Misconduct ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Oregon has 840 inmates in an unusual Security Threat Management program that zeroes in on any inmate judged to be a safety threat at the state's six biggest prisons, The Oregonian reports. It uses carrots and sticks: Improved behavior can lead to better jobs, better housing, and transfers to minimum-security prisons; misconduct can bring anything from confiscation of fashionable sneakers to a 120-day ban from the recreation yard. The program aims to tame violence, extortion, and illegal trading in Oregon prisons. Last year, the department logged 2,302 assaults on inmates and staff, an average of six a day. Officials also want to reform more inmates so they're released into society with plans for a productive life instead of more crime. Driving down the recidivism rate is crucial to curbing soaring prison costs. Some experts are aghast at Oregon's decision to stop tracking what they consider critical information: membership in prison gangs. Analysis by The Oregonian found an inconclusive trend for assaults but a decline in inmate misconduct. Prison lieutenants at five prisons, plus counselors, inmates and union leaders, believe the program is reforming inmates and making prisons safer. The Oregonian |
| McCarthy Vows No Muslim Surveillance in Chicago ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Chicago Police Superintendent Garry McCarthy promised his department will never conduct blanket surveillance of Muslims like the New York Police Department did in Newark, N.J., when he was chief there, the Associated Press reports. McCarthy addressed the Council on American-Islamic Relations-Chicago, a civil rights organization. He said police would follow leads in criminal cases, but the department "does not and will not conduct blanket surveillance and profiling of any community in the city of Chicago." McCarthy and Mayor Rahm Emanuel have tried to reassure Chicago-area Muslims since the Associated Press reported the New York police spying in Newark. AP said that in 2007, the secretive New York Demographics Unit fanned out across Newark, photographing mosques and eavesdropping on Muslim businesses. AP said that the department was conducting similar surveillance in New York, building databases showing where Muslims live, shop, and pray. Chicago Tribune |
| Dallas County Jail: Largest Mental Health Clinic in N. Texas ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Dallas County Jail is the largest mental health clinic in North Texas and second largest in the state, says the Denton, Tx., Record-Chronicle. Patients must don a striped jumpsuit and stand before a judge. The jail's psychiatric unit treats more than 1,400 patients a day, nearly a quarter of the jail's total population. After serving their time, these patients will be discharged with nothing more than three days' worth of medication in their pocket, and no money to make a phone call or to catch the bus. Nationwide, 64 percent of jail inmates suffer from mental illness, says a 2006 U.S. Department of Justice report. Many subsist undiagnosed - their illness "self-medicated" or otherwise disguised by illegal drug use - and get caught in a costly revolving door of imprisonment without ever receiving appropriate services. "We've traded hospitals for jails," said Matt Roberts, president of Mental Health America of Greater Dallas. "If you don't provide enough money to keep people well, the police get called and they end up in jail." Denton (TX) Record-Chronicle |
| Seattle High Schoolers to Run Peer "Restorative Justice" Traffic Court ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Seattle Municipal Court Judge Karen Donohue knows there's nothing scarier for parents than handing over a set of car keys to a teenage driver, says the Seattle Times. When young people make a mistake behind the wheel, it's often their parents who end up paying tickets and dealing with increased car-insurance rates. Changing that dynamic is behind the launch of the city's first youth traffic court, which will begin hearing cases later this month involving drivers under 18. The court will be staffed by 22 high school students who will get community service credit and have been trained by law students to act as judges, prosecutors, defense attorneys, bailiffs, court clerks, and jurors. Instead of handing out fines, the court will tailor sanctions based on the philosophy of restorative justice, says Margaret Fisher, court co-director with Donohue and Municipal Court Magistrate Lisa Leone. A teen may be ordered to write an essay for the school paper, or perhaps do yard work for someone whose vehicle was damaged. Seattle Times |
| Not Many Customers for Jeffrey Dahmer Tour in Milwaukee ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A half dozen customers paid $30 for a Jeffrey Dahmer Tour on Saturday in Milwaukee. There were as many reporters as paying customers, says the Milwaukee Journal Sentinel. There were a dozen peaceful protesters, including Janie Hagen who came "to speak for my brother," Richard Guerrero, one of the killer's 17 victims. The tour guide, Nicholas Vollmann, told the group, "We're here today to learn from history. Unfortunately we can't bury our heads in the sand." Dahmer was arrested in 1991, convicted the following year and murdered in prison by a fellow inmate in 1994. Much of the tour's "history" centered on Dahmer's life and the lives he took, from the tortured animals to the dismembered human bodies. Milwaukee Journal Sentinel |
| NC Prosecutor Ousted: "Stunning Inability to Get Facts Straight" ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Tracey Cline was a prosecutor who would not back down from anyone. She acted with fierce conviction when she believed she was right. She was aggressive, and often framed her pursuit of justice as advocacy for crime victims, reports the Raleigh News & Observer. It also shows the reasons she was permanently removed from her job as Durham chief prosecutor Friday: a stunning inability to get facts straight and an unwillingness to change course when confronted with reasons to do so. Cline, 48, is out of office because of her words and actions against Durham's senior judge - lengthy filings filled with vitriolic language, unsubstantiated allegations of corruption, tales of a conspiracy with The News & Observer and other accusations of misconduct that have been obliterated by three judges. Cline stands by it all, telling Superior Court Judge Robert H. Hobgood last week that "what I recorded in those motions was absolutely true." The flawed behavior that cost Cline her job wasn't new. It has been displayed in a range of criminal cases she handled over the years, according to an examination of court documents, transcripts, interviews and news reports. Raleigh News & Observer |
| Post Ombudsman: Lanier Didn't Use Trickery on Murder Clearances ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Reviewing the Feb. 19 Washington Post story on homicide clearance rates in Washington, D.C., the newspaper's ombudsman, Patrick Pexton, concludes that, "in its language and tone, it seemed to tell a story more of gotcha than of scandal. I don't think D.C. Police Chief Cathy L. Lanier used trickery in her reporting of statistics to mislead the public about the solving of homicide cases." A "hopping mad" Lanier met with the Post to discuss the story, which prompted an editor's clarification. Pexton says the story would have worked better if it had explained the "pitfalls" in the FBI-sanctioned procedure for reporting homicide clearance rates. He says the capital's police department should be clear in its annual reports about the "rolling rate" of reporting clearances--including previous year's closures in a current year's total--so that no one can suggest any manipulation. Journalists should include an explanation in stories on the subject, he says. Washington Post |
| Illinois Judge Strikes Down Law Against Audio Recordings of Police ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A Chicago judge has ruled the state's controversial eavesdropping law unconstitutional, the Chicago Tribune reports. The law makes it a felony offense to make audio recordings of police officers without their consent even when they're performing their public duties. Judge Stanley Sacks found the eavesdropping law unconstitutional because it potentially criminalizes "wholly innocent conduct." The decision was in the case of Christopher Drew, an artist who was arrested in 2009 for selling art on a without a permit. Drew was charged with a felony violation of the eavesdropping law after he used an audio recorder in his pocket to capture his conversations with police during his arrest. Chicago Tribune |
Sunday, March 4, 2012
02 March 2012
March 2, 2012 Today's Stories |
| OH Teen Shooter: "Type Of Case That Truly Tests the Law" ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A prosecutor's statement that Thomas M. "T.J." Lane III, the Chardon, Ohio, teen who authorities say shot and killed three high school students and wounded two others, is "not well" was "not normal, but this is far from a normal case," criminal defense lawyer Ian Friedman told the Cleveland Plain Dealer. His case will automatically be transferred to the adult criminal court. He cannot face the death penalty because of his age. Lane's rights still need to be rigorously protected at every step and lawyers should be working to mount his defense now, said Daniel Margolis, an attorney who has frequently represented minors charged with serious crimes. Margolis recommended filing a "suggestion of incompetence" and ask for the teen to be evaluated by an expert before he is bound over to the adult court. Carmen Naso, ex-prosecutor in Cuyahoga County's juvenile court, said mental health problems could mitigate any sentence Lane gets -- but not much. "Even if he's really disturbed, his sentence will be lengthy." Naso, a faculty member at Case Western Reserve University's Law Clinic Center, said that if for some reason Lane was found not competent, he would be sent somewhere to have his competence restored and then be tried. Friedman said, "This is the type of case that truly tests the law," he said. "The allegations are heinous, but people still have to realize the young man still has rights." |
| James Q. Wilson Dies; Crime Expert, Co-Author of "Broken Windows" ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ James Q. Wilson, a political scientist who coauthored the influential "Broken Windows" article in The Atlantic Monthly in 1982, a touchstone for the move toward community policing across the U.S., died today in Boston, where he was beaing treated for leukemia, the Boston Globe reports. Wilson, 80, was most recently at the Clough Center for the Study of Constitutional Democracy at Boston College. He taught at Harvard University for 26 years before leaving in the late 1980s for California, where he had grown up, to teach at the University of California, Los Angeles, and Pepperdine University. Considered one of the nation's most significant thinkers about crime and other urban matters, Wilson cowrote the Atlantic article with George Kelling. The article, Wilson told the The Wall Street Journal, suggested that "public order is a fragile thing, and if you don't fix the first broken window, soon all the windows will be broken." Kelling and Wilson wrote in the Atlantic that "at the community level, disorder and crime are usually inextricably linked, in a kind of developmental sequence. Social psychologists and police officers tend to agree that if a window in a building is broken and is left unrepaired, all the rest of the windows will soon be broken." |
| NJ's Christie: Require Needed Drug Treatment for Nonviolent Offenders ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Calling addiction a treatable disease, New Jersey Gov. Chris Christie says he would require treatment for nonviolent criminals with drug dependence, a program that would take at least a year to start, reports the Philadelphia Inquirer. In the meantime, Christie would offer yearlong drug treatment to 1,000 to 1,500 low-level offenders now in prison. "I believe that this will be, if we do it the right way, one of the lasting legacies of this administration," Christie said at the Rescue Mission of Trenton. "Budgets come and go. Taxes go up and down. But saving lives [ ] that lasts forever." Legislators have introduced bills that would alter the state's drug court program, making treatment mandatory for any qualifying offender determined to have a problem with substance abuse. Drug court, which began as a pilot in Camden and Essex Counties in 1996, has allowed some offenders to avoid jail if they volunteer for treatment. Christie budgeted $2.5 million in fiscal 2013 for his initiative, but it would cost more to implement. As many as 7,000 people arrested annually could qualify for the program. Because it costs as much as $49,000 a year to incarcerate an inmate, Christie said, the state would save money by moving nonviolent offenders out of prison and into rehabilitation. |
| Drug Czar: "Huge Mistake" To Overlook Prescription Drug Crisis ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The White House drug czar and Florida and Kentucky attorneys general told a congressional committee that prescription drug abuse is "a national crisis" and efforts to fight it will falter without better cooperation between states and better education of the medical community and the public about its dangers, McClatchy Newspapers report. Gil Kerlikowske, director of the Office of National Drug Control Policy, said the issue was "not on the radar screen" until recently. It's an economic problem as well, costing health care providers, employers, and taxpayers $56 billion in 2007, he said. "We weren't paying attention to it," Kerlikowske told the House Subcommittee on Commerce, Manufacturing and Trade. "That was a huge mistake." About 100 people die every day from drug overdoses. While high-profile examples such as Anna Nicole Smith and Michael Jackson get the most attention, it's a nationwide problem. Kentucky Attorney General Jack Conway said prescription drug abuse has a devastating impact on poor, rural communities, particularly in eastern Kentucky, where it accounts for a large percentage of crime. Florida Attorney General Pam Bondi said the epidemic has other consequences. At a Tampa hospital, 20 percent of babies were born addicted to prescription drugs. "Imagine the worst addict you see on TV going through withdrawals - that's how these babies come into this world," she said. |
| Should Drug Conviction Mean No Food Stamps? 9 States Think So ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Get out of prison for murder, child molestation or just about any other felony in Missouri and you can still get food stamps. If you have a felony drug conviction, forget it. You're banned for life, says the Kansas City Star. To Johnny Waller, who had a drug conviction, that doesn't seem fair. The 34-year-old Kansas City resident traveled this week, as he has for years, to the state Capitol to speak out for legislation lifting the lifetime ban. Missouri is one of only nine states where a felony drug conviction means a lifetime ban from ever qualifying for food stamps. Congress allows states to opt out of the ban, which was imposed in 1996 as part of welfare reform legislation. To date, 41 states and the District of Columbia have lifted or modified the ban. Waller believes he's the poster child for why Missouri should change its ways, because he has. He was 18 when he was convicted of possession of narcotics with the intent to sell, which landed him in prison for more than two years. In the 13 years since completing his sentence, Waller said he's stayed on the straight and narrow. He started a business and went back to school. Still, Rep. Rick Brattin doesn't want people selling food stamp cards on the black market for drug money, or trading them for drugs. "I just don't want to see the food stamp program used to subsidize a drug habit," he said. "I'm not against helping anyone, but to say a murderer can get food stamps, well, a murderer can't subsidize his crime with food stamps." |
| DOJ Report Looks At 8 Police Departments' Use-of-Force Policies ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ How to police agency policies affect police use of force? A new report, from research funded by the Department of Justice, examined eight police agencies, (Columbus, OH, Charlotte-Mecklenburg, NC, Portland, OR, Albuquerque, NM, Colorado Springs, CO, St. Petersburg, FL, Fort Wayne, IN, and Knoxville, TN) and examined how different policies changed law enforcement strategies. Researchers found that there is no ideal (or flawed) policy approach across all outcomes, but the report offers ranking and outcomes for each policy offered allowing police executives to choose the best route for their force. |
| New Cincinnati Chief Craig Would Skip Getting Arrest Powers ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Cincinnati Police Chief James Craig wants to skip the standard state police certification process - leaving him unable to arrest people or exercise other police powers, reports the Cincinnati Enquirer. The Ohio Peace Officer Training Commission's state certification is required of every law enforcement officer in the state, but Craig - with support from some City Council members - wants an exemption. Without certification, Craig is allowed to wear a uniform and carry a gun, but it would be illegal for him to enforce Ohio law, make an arrest or pull over a vehicle. "A police executive is not likely to do that anyway," said police spokesman Lt. Maurice Robinson. "In context, you've got a man with 30 years of experience, certified with three other departments" Craig's predecessor, Tom Streicher, made many arrests. "If you're going to wear the uniform, if you're going to wear the badge, if you're going to carry a gun," he said last night, "then you should be a certified police officer in the state. Those things create a certain expectation from the public." |
| Portrait of Mexico's Juarez Valley and Its World-High Murder Rate ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Mexico's rural Juarez Valley is said to have the highest murder rate in the country, if not the world, the Texas Observer reports. Farmers proudly say it was once known for its cotton, which rivaled Egypt's. That was before the growth of Juarez's factories in the 1990s left farmers downstream with nothing but foul-smelling sludge to irrigate their fields. After that, the only industry that thrived was drug smuggling. Because of the valley's sparse population and location along the Rio Grande's dried up riverbed, a person can easily drive or walk into Texas loaded down with marijuana and cocaine. For decades, this lucrative smuggling corridor, or "plaza," was controlled by the Juarez cartel. In 2008, Mexico's largest syndicate-the Sinaloa cartel, declared war on the Juarez cartel and moved in to take over the territory. The federal government sent in the military to quell the violence. Instead the murder rate in the state of Chihuahua exploded. So much blood was shed in Juarez that few outside the region noticed the violence spilling into the rural valley to the east, where killings and atrocities began to occur on a daily basis. Police officers, political leaders, and community activists were shot down in the streets. By 2009, the valley, with a population of 20,000, had a shocking murder rate of 1,600 per 100,000 inhabitants. In one gruesome stretch in 2010, several valley residents were stabbed in the face with ice picks, and a local man aligned with the Juarez cartel was skewered with an iron bar, riddled with bullets, then roasted over an open fire. Newspapers began to call the rural farming region the "Valley of Death." |
| Some Tips for States on How To Save on Inmate Health Care Costs ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ States are looking for ways to cut prison health care costs, says Governing magazine. Correctional health care cost $9.9 billion in 2009, says Prison Health Services, a private company that provides health care to inmates. When HIV treatments alone cost $2,000 a month, you can see why costs are so high. They fall entirely on states, too, because prisoners aren't eligible for Medicaid or Medicare. "When I started in this field in 1978, health care was on average about 10 percent of the correctional budget," says Jacqueline Moore, a Colorado-based correctional health-care consultant. "Now, it's about 20 percent." The Kansas Department of Corrections has a managed-care contractor called Correct Care Solutions, which treats chronic illnesses within prison walls. Inmates with kidney disease are housed at sites that have dialysis machines, while inmates with other medical problems are moved to facilities that specialize in those diseases. The solution saves on the cost of hospital visits and related high fees, such as security guards and transportation. Consultant Moore recommends that states partner with local universities to stay on top of research, have access to nonprofit administrative oversight,and obtain better pharmacy prices under the 340B Drug Pricing Program, which provides outpatient drugs to eligible safety-net health organizations at a reduced price. |
| Convicted Texas Pedophile Challenges Test as Junk Science ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Charged with molesting two young cousins, Michael Arena of Texas was summoned to a psychologist to measure his sexual attraction to children. The test required the 16-year-old to click through images of swimsuit-clad people of various ages while the computer secretly measured how long he viewed each photo. The results, said a prosecution-hired psychologist, said Arena was a pedophile who was a "high risk" to strike again, says the Austin American-Statesman. Prosecutors cited the test in Arena's 1999 trial, urging jurors to choose prison to protect children from a teen "diagnosed as a pedophile by an expert." The jury responded with a 20-year sentence. Now 29, Arena still has 7½ years left on his sentence. "Since the trial, his accusers have recanted, saying they lied about being sexually assaulted at the urging of their mother, who was embroiled in a bitter custody battle. Troubling details about the psychological test also have emerged, prompting Arena's lawyers to pursue an appeal designed to gain his freedom based on innocence or grant Arena a new sentencing that excludes a psychological test that defense lawyers deride as junk science. The Texas Supreme Court is weighing both requests, which are opposed by prosecutors. |
| Parts of AL Immigration Law In Force Until Supreme Court Hears AZ Case ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Parts of Alabama's strict immigration law will remain in force until the U.S. Supreme Court rules on its predecessor, the Arizona statue that started a national firestorm in the debate over illegal immigration, NPR reports. The U.S. Court of Appeals for the 11th Circuit in Atlanta put off action on lawsuits against measures in Alabama and Georgia. Supreme Court arguments are set April 25 over the constitutionality of Arizona's enforcement policy. Alabama, Georgia, South Carolina, Utah, and Indiana have passed legislation modeled on Arizona's. The Justice Department has sued to block all the laws, arguing that the role of enforcement belongs solely to the federal government. Human-rights and immigrant-advocacy groups have filed suits contending that the laws violate individuals' civil rights. Regardless of the outcome, advocates on both sides look forward to seeing the roles of federal and local authorities clarified, particularly given the inability of Congress to pass an overhaul of immigration laws. "We hope that folks in Washington will recognize that there is a real crisis that they helped create, and it's their lack of leadership that has gotten us to this point," says Sam Brooke, attorney for the Southern Poverty Law Center's challenge to the Alabama law. |
| GAO Cites Justice Department for Overlapping Anticrime Grants ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Justice Department is one of many federal agencies at which the watchdog U.S. Government Accountability Office has found overlap in spending programs. In a report this week, GAO charged that "Justice's granting agencies have not established policies and procedures requiring consistent coordination to mitigate the risks of unnecessary duplication before finalizing their award decisions. While coordination about program goals may be occurring on an ad hoc basis, GAO found that the granting agencies do not systematically coordinate their application reviews to mitigate the risk of unnecessary duplication." GAO said some grant applicants "were using the same or similar language to apply for multiple streams of funding. For example, one grant recipient applied for funding from both the [Community Oriented Policing Services] Office's Child Sexual Predator Program and [Office of Justice Program's] Internet Crimes Against Children program to reduce child endangerment through cyber investigations. In both of these separate applications, the applicant stated that it planned to use the grants to increase the number of investigations in its state, provide training for cyber crime investigations" and other similar purposes. GAO quoted the Justice Department's Office of Justice Programs as saying that it encourages applicants "to seek out as much Justice grant funding as possible, including from grant programs that may have similar objectives or allow for similar activities to be carried out." |
23 Feb 2012
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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