Monday, April 25, 2011

25 April 2011

NRA's LaPierre Warns Of Threat to Guns If Obama Wins Again


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As the National Rifle Association loads up for its national convention starting in Pittsburgh on Friday, the wind of popular opinion seems to be at its back, says the Pittsburgh Post-Gazette. Mirroring other studies, a new Pew Research Center poll showed 48 percent of Americans think protecting the right to own guns is more important than controlling gun ownership. Thirty percent answered that way in 1999.


NRA executive vice president Wayne LaPierre sees the Obama administration "embedded with people who have really spent a lifetime trying to destroy the Second Amendment." The Obama nominee to head the Bureau of Alcohol, Tobacco, Firearms and Explosives, Andrew Traver, "spent a lifetime basically opposing the Second Amendment." If Obama wins a second term, LaPierre says, "both hunting and gun ownership are going to be in danger. I think their strategy is to fog this issue through the 2012 election, and then it's Katy bar the door."




Police Using Technology to Make Up for Personnel Cuts


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Police agencies are increasingly relying on controversial technology and social media to make up for the loss of thousands of officers and other resources to deep budget cuts, says USA Today. Albuquerque is sharing real-time investigative information with private business groups on interactive websites to help stop theft rings, locate violent crime suspects, and track fugitives. The Albuquerque model, being replicated by agencies in Georgia, Minnesota, Washington, and California, represents a significant break with law enforcement's long tradition of walling off the public from information about developing investigations, Albuquerque Police Chief Raymond Schultz said.


He said the networks help to make up for the loss of about 60 positions in the past 2½ years. "Technology can never fully replace an officer," said Camden, N.J., Police Chief Scott Thomson, whose 250-officer department has been cut nearly in half since 2006. "We're just trying to leverage technology [ ] to appear bigger than we are." A survey of 70 large police agencies by the Police Executive Research Forum found that 90 percent plan to increase their use of various technologies, primarily aimed at deterring crime by adopting more efficient surveillance, patrol and response strategies.




Florida May Privatize 14 Prisons, With no Proof of Savings


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Florida legislators are poised to make dramatic changes to the state's prison system, turning over as many as 14 prisons to private companies in hopes of saving money, says the Miami Herald. Fundamental questions remain unanswered. Do private prisons really save Florida taxpayers money? If so, how much cheaper are they?


Florida has been experimenting with private prisons for 16 years, with almost 10 percent of the state's 102,000 inmates held in seven private facilities. A state agency that oversees these prisons says they will save taxpayers almost $90 million over three years. State financial analysts say they cannot show with any certainty how much money they save over state-run prisons. While the benefits of prison privatization may be hard to see, the arrangement has been marred by mismanagement by state monitors , lax contracts, overbilling by prison contractors, a corruption investigation, and a legal loophole that allowed sexual misconduct in private facilities to go unpunished.




Lofgren: Feds Lied About "Secure Communities" Opt-Out


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Rep. Zoe Lofgren (D-CA) is accusing federal immigration officials of lying about whether counties and states had the right to opt out of Secure Communities, a controversial nationwide enforcement program that screens for illegal immigrants in local jails, the Los Angeles Times reports. Started in 2008, Secure Communities was promoted to local and state leaders as a way to focus enforcement efforts on "serious convicted criminals."


The program, which uses fingerprint data, has ensnared a high proportion of immigrants who have never been charged with a crime or who have been charged with minor infractions. Critics say it discourages illegal immigrants from reporting crimes and opens the door to racial profiling. A number of local jurisdictions have asked that their fingerprint data not be sent to federal officials, who now say the program "is not voluntarily and never has been."




Outburst-Prone Seattle Man Could Wear Shock Device In Trial


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With the trial of suspected Seattle killer Isaiah Kalebu a few weeks away, attorneys, jail staff, and a judge are looking at some unusual ways to make sure the outburst-prone defendant doesn't lash out in court, reports the Seattle Times. Kalebu, who is accused of torturing and raping two women, and killing one of them, routinely has interrupted court hearings with complaints over his treatment by jail staff and objections to his defense.


During one recent hearing, he knocked over chairs and cursed at Judge Michael Hayden. Hayden is concerned a mistrial could result if Kalebu's outbursts continue. He has a long history of mental illness but has been ruled mentally competent to stand trial. Jail staff have asked Hayden to allow them to use an electroshock stun-gun sleeve on Kalebu during the trial. If he acts out, a corrections officer inside the courtroom can press a button that will send an electric shock to the sleeve, which is attached to the defendant's arm or leg. A defense attorney warned that if jurors witness Kalebu being shocked, the defense could seek a mistrial.




Feds Get Search Warrants For Suspects' Facebook Accounts


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Federal investigators in Detroit have taken the rare step of obtaining search warrants that give them access to Facebook accounts of suspected criminals, reports the Detroit News. The warrants let investigators view photographs, email addresses, cellphone numbers, lists of friends who might double as partners in crime, and see GPS locations that could help disprove alibis. There have been a few dozen search warrants for Facebook accounts nationwide since May 2009.


The trend raises privacy and evidentiary concerns in a rapidly evolving digital age and illustrates the potential law-enforcement value of social media. Locally, Facebook accounts have been seized by the Bureau of Alcohol, Tobacco, Firearms and Explosives and FBI to investigate more than a dozen gang members and accused bank robber Anthony Wilson of Detroit. "To be honest with you, it bothers me," said Wilson, 25, who was indicted Tuesday on bank robbery charges after the FBI compared Facebook photos with images taken from a bank surveillance video. "Facebook could have let me know what was going on. Instead, I got my door kicked down, and all of a sudden I'm in handcuffs." Federal investigators defend the practice. "With technology today, we would be crazy not to look at every avenue," said ATF agent Donald Dawkins




911 Technology Lags; Upgrading Will Cost Billions


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The growth of technology has left 911 behind, says the Washington Post. People can send a text to vote for the next American Idol, but they can't send one to report the East Coast Rapist. Modernizing 911 has taken on renewed urgency as the 10th anniversary of the Sept. 11 terrorist attacks approaches, but actual progress is slow and could be years away in many places.


Federal and local officials acknowledge the need to modernize 911 calls, and they have taken small steps to digitize, but there are no plans in place for how to pay the billions of dollars the upgrade will cost and no timetable has been set. "The thinking is, 'I can text almost everyone - why can't I text 911?' " said Jeffrey Horwitz of the Arlington County, Va., emergency communications center, which has completed a $38 million upgrade in anticipation of moving to a digital 911 network. "We need to evolve as the technology evolves." Consumer expectation has already outpaced 911 capabilities. When Verizon Wireless customers send a text message to 911, they get this reply: "Please make a voice call to 911." Other simple actions, including sending 911 a smartphone photo of a car speeding from a robbery, are also impossible. about 70 percent of the 240 million 911 calls each year come from wireless phones, says the Virginia-based National Emergency Number Association




Trespassing CA Pot Growers Resort to Violence, Vandalism


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Trespassing California marijuana growers are setting booby traps, resorting to violence and vandalism, and spoiling the land by stealing water and spraying dangerous chemicals that leach into streams, reports California Watch. As the federal government focuses on stopping illegal marijuana crops in public parklands and U.S. forests, sheriff's and state drug enforcement officials face the persistent and potentially dangerous problem of pot growers commandeering private land.


While some land owners fear violence, others face environmental havoc. Last year, a grand jury in Mendocino County found that trespassing growers had clear-cut trees and destroyed vegetation, diverted streams, and littered the landscape with animal carcasses, garbage, human waste, herbicides, and animal poisons. Lake County Supervisor Rob Brown displays a booby trap he removed from his property. It looks like a giant wooden flyswatter with about 20 to 30 punji sticks - sharpened sticks frequently encountered during the Vietnam War - pressed through it.




PA Won't Clear Innocent Defendants If Evidence Doesn't Come in 60 Days


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The murders in the tiny town of Muncy, Pa., on Aug. 6, 1976, were horrific: a mother, her little girl, and her toddler son shot to death in what appeared to be a home break-in gone tragically bad. For more than seven months, says the Philadelphia Inquirer, troopers investigating the case seemed stumped until a 14-year-old girl confided to two friends that a drug dealer named Colin Brown had told her he knew who the killers were. In 1977, three men were convicted based primarily on the testimony of Brown and two other men with extensive histories of drug abuse and crime.


Now, more than 33 years later, all three of those prosecution witnesses have said under oath that they lied when they accused one defendant - Milton Scarborough, a town handyman and sawmill worker - of taking part in the murders. A Pennsylvania law requires that new evidence of factual innocence other than DNA must be presented to a court within 60 days of discovery. That law - one of the nation's most stringent - has led courts to deny Scarborough's appeals.




1,000 Chicago Cops Could Be Disciplined For Viewing Sex Case File


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More than 1,000 Chicago police officers could face discipline for viewing the arrest reports of two fellow cops accused of sexually assaulting a woman, reports the Chicago Sun-Times. The police union says the officers did nothing wrong.


Last month, two officers were stripped of their police powers amid allegations they had sex with an intoxicated woman in her home and in a police SUV while on-duty. A department-wide memo from the Internal Affairs unit said accessing the electronic report constituted "misuse of department equipment." The memo warned that "access of information for personal or other reasons is strictly prohibited" and said officers had accessed and printed the reports "without reason or authorization to do so." It recommended that those officers get a written reprimand that would stay on their personnel record for a year.




NYC Says New System Will Prevent Most Ticket-Fixing


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To prevent police officers from fixing traffic tickets, New York City has come up with a system in which new tickets are electronically scanned at each stage of their journey and electronic bar codes intended to detect diversions, reports the New York Times. "If there is a summons that is missing, at any time, there is an investigation," and the Internal Affairs Bureau, which investigates police misconduct, is notified, said Deputy Inspector Kim Royster.


"Once it gets into the system, it would be very hard to fix it, get rid of it, because it's just - it's too easy to track," said Mayor Michael Bloomberg. Under the old system, it was possible to discern a ticket's disappearance, but that would require a more painstaking reconstruction. Once the old forms were distributed, someone in each station house was responsible for manually tallying which summons numbers went to which officers




Suit Contests Delays In Houston Police-Shooting Death Autopsies


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Relatives of a man fatally shot by a Houston police officer in 2009 are asking a federal court to order the city not to withhold or delay autopsy results in police-shooting deaths, reports the Houston Chronicle. The request is in a lawsuit by relatives of John T. Barnes Sr., who was shot by officer Ryan Gardiner, a security guard at an apartment house wearing his police uniform.


Barnes' autopsy report was completed Nov. 3, 2009, but not released until April 19. It states Barnes was shot four times in the back, once in the left torso, once in the left buttock, once in the chest, and once in the left arm. "The city had suppressed the autopsy until now," attorney David W. Hodges said. Hodges said the city should release autopsy results in police shootings either as soon as the investigation is complete or after a year, whichever comes first.


Thursday, April 21, 2011

Articles for 21 April 2011

Emanuel To Stress Community Policing, Gun Control as Mayor


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Chicago mayor-elect Rahm Emanuel says he wants to restore the city's community policing to its roots and quickly push through changes to help the city's public school students get a better education, says the Chicago Tribune. "Community policing has become an office, not a philosophy. I want to modernize it and bring it back to a central focus," the mayor-elect said during an hourlong interview by Bruce Dold, the Tribune's editorial page editor.


That approach should be complemented with a comprehensive after-school program and a focus on gun control measures to help bring a sense of security to residents, Emanuel said. Despite a decrease in the violent crime rate, Chicago has suffered from a perception problem that the city is less safe, Emanuel said. "It's like parallel universes," he said.




Insider Al Wysinger May Emerge As Top Chicago Cop


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The salary dispute that doomed Charles Ramsey's chances of becoming Chicago's next police superintendent has created a political dilemma for Mayor-elect Rahm Emanuel, says the Chicago Sun-Times. The new mayor can either try to bolster police morale by choosing one of three leading insiders: deputy chief of detectives Al Wysinger, chief of patrol Eugene Williams, or Assistant Deputy Supt. Debra Kirby. Or he can go with one of two outsiders under consideration - White House drug czar R. Gil Kerlikowske or Newark police chief Garry McCarthy - and disappoint rank-and-file cops who long for one of their own after three long years under career FBI agent Jody Weis.


Some sources close to the interviews being conducted by Emanuel and the Chicago Police Board believe the mayor-elect will ultimately choose an insider, with Wysinger having a slight edge. Wysinger has broad experience and is known for the day in 2007 when he ran down a gunman who shot a woman in a gangway near his grandmother's 80th birthday party. "He would turn morale around," said one former top-ranking cop. Williams, who also has wide experience, is known for his close ties to West Side ministers and his involvement in the National Organization of Black Law Enforcement Executives. "The ministers would have a big voice with Gene in charge," a source said.




90 Years of Boston Female Cops--from Flapper Squad to High Ranks


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It has been 90 years since Boston's first female police officers joined the force. The Boston Globe says that with Monday's anniversary comes a new recognition of the pioneers - a nurse, an ex-D.C. cop, two stenographers, and two housewives - who together broke the gender barrier in 1921. 'They're remarkable, and they were alone," said Sgt. Det. Kim Gaddy, who along with Margaret Sullivan, police archivist, scoured libraries in an effort to learn more bout the first six.


Mayor Thomas Menino plans on designating space at City Hall to exhibit some of the photos and articles Sullivan and Gaddy unearthed. The police department remains a male-dominated bastion--women are 13 percent of the city's 2,074 sworn officers - the research shows the strides they have made from second-class citizens in the department to full-fledged members who can carry guns and rise as high as police commissioner. In 1921, the original officers, dubbed the "flapper squad'' in the press, were hired to watch out for young women in the city, who authorities feared were falling prey to "mashers,'' skirt-chasers who lurked in movie theaters, parks, and beaches. Their supervisors wanted them to track down runaway children and keep young women from drinking with sailors and haunting nightclubs.




Will High Court Extend Youth Life Without Parole Ruling to Murders?


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Last year, the Supreme Court ruled that sentencing juvenile offenders to life without the possibility of parole violated the Eighth Amendment's ban on cruel and unusual punishment for crimes that did not involve killings. The case affected about 130 prisoners convicted of crimes like rape, armed robbery, and kidnapping, says the New York Times.


Now the inevitable follow-up cases are coming. Last month, lawyers for two other prisoners who were 14 when they were involved in murders filed the first petitions urging the justices to extend last year's Graham vs. Florida case to all 13- and 14-year-old offenders. The high court has been whittling away at severe sentences. It has banned the death penalty for juvenile offenders, the mentally disabled, and those convicted of crimes other than murder. The Graham decision for the first time excluded a class of offenders from a punishment other than death. This progression suggests it should not be long until the justices address the question posed in the petitions. An extension of the Graham decision to all juvenile offenders would affect about 2,500 inmates.




Accused FL Killer Of Brit Tourists Out Despite High Risk Assessment


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On April 16, two British tourists were murdered near Sarasota, Fl. Shawn Tyson, 16, was arrested. It was his second arrest this month, reports Sarasota Patch. Less than two weeks prior, he was charged with aggravated assault with a deadly weapon. During both arrests, Tyson was screened by the Sarasota County Juvenile Assessment Center for his risk to public safety. The resulting document - called a "detention risk assessment instrument" - was presented to a judge at Tyson's first court appearance in early April.


The "risk assessment instrument" looks at a variety of factors and is used for all arrested minors. Getting 12 or more points requirs secure detention. Tyson's first arrest qualified him for 22 points, but a judge released him to his mother. Nine days later, he was back in detention for the double murder. Tyson's "detention risk assessment instrument" is under court seal while the murder investigation continues




Small Federal Funding Allocation Helps Educate Incarcerated Teens


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After a long wait for action on any juvenile justice-related legislation, the pending reauthorization of the federal Elementary and Secondary Education Act - now known as No Child Left Behind - offers advocates a chance to improve the plight of youth who are incarcerated, reports Youth Today. The law sets standards for schooling in juvenile facilities, which can be a key to improving a youth's chances for staying out of such institutions in the future. President Obama's blueprint for ESEA reauthorization mentions incarcerated juveniles in one paragraph on delinquent and neglected youth, and only to say the administration will ask the states to reserve certain funding for them.


The appropriation for incarcerated youth has risen from $42 million in 2002 to $50 million lately. The money goes to states, which are required to disperse some of it to facilities holding juveniles and some to school districts. In turn, agencies and school districts are required to meet the educational needs of delinquent youth, assist in their transition back to school districts and evaluate academic progress by juveniles. Says criminologist Thomas Blomberg of Florida State University, "I do feel like there is a growing recognition of the value of education with this population. And that they can be educated, they can turn it around." Education provided in juvenile facilities has generally been viewed as being abysmal. Still, the U.S. Department of Education says that 70 percent of juveniles gained at least one grade level in math or reading while incarcerated.




Hate Crime Among Charges In Rutgers "Net" Suicide Case


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An ex-Rutgers University student whose roommate committed suicide after his sexual encounter with another man was streamed on the Internet has been indicted on 15 charges, including intimidation based on sexual orientation, a hate crime, reports the Christian Science Monitor. Charges against Dharun Ravi in Middlesex County, N.J., also included invasion of privacy and witness tampering. His roommate, Tyler Clementi, committed suicide last September, one day after Ravi and a friend allegedly invited others to view an intimate encounter online.


Clementi's death was one in a string of teen suicides attributed to bullying, which inspired the antibullying campaign, the "It Gets Better Project." Congress is considering the Tyler Clementi Higher Education Anti-Harassment Act, which would require universities getting federal funds to have a policy banning harassment based on race, sexual orientation, disability, or gender identity. Cyberbullying remains new territory when it comes to criminal prosecutions. "Although Facebook, Twitter and text message evidence is part of nearly every case, the law has not caught up with this technology," says law Prof. Derek Witte of the Thomas M. Cooley School of Law in Michigan.




NC Prison Chief Charged In Destruction of Fight Video


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A former correctional officer at a maximum security prison in Anson County, N.C., says her boss ordered her to destroy a video that may show a staff member using excessive force during a fight with inmates, McClatchy Newspapers report. Richard Neely, who until last week was the administrator of Lanesboro Correctional Institution, has been arrested and charged with obstructing justice for allegedly giving the order to keep the video under wraps. Neely is a 30-year-veteran of the state's correction system.


Stephanie Miller, a former sergeant at the prison, said in an interview yesterday that Neely instructed her to destroy the video footage taken in 2009. It was the latest in a string of scandals to hit the 1,000-inmate prison 45 miles southeast of Charlotte. Bill Rayburn, one of the prison's former inmates, won a legal settlement with the state after alleging he was repeatedly pepper sprayed in 2009 after requesting medical help. Twice, Rayburn said, he was sprayed while he was naked.




Supreme Court Denies Inmate Right To Damages For Religious Violation


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Texas may not be sued for money damages by an inmate who claimed prison rules violated his right to religious practice, the Supreme Court ruled yesterday, says the Austin American-Statesman. Harvey Leroy Sossamon III, serving a life term for murder, charged that disciplinary rules that restricted inmates to their cells improperly kept him from attending religious services. He also claimed officials, citing "overexaggerated" security concerns, wrongly denied him access to the prison chapel.


Sossamon's request for a court injunction ended when the prison abandoned its restrictions on religious practice. His effort to receive money damages was denied by U.S. Judge Sam Sparks of Austin and by the 5th U.S. Circuit Court of Appeals in New Orleans. The high court, in a 6-2 opinion by Justice Clarence Thomas, agreed that the federal religious-liberty law, which allows prisoners to sue for "appropriate relief," did not give inmates the ability to collect money damages from state governments. In a dissent, Justice Sonia Sotomayor said there is nothing ambiguous about the concept of appropriate relief, which typically includes money.




Phila. Man Spends Year in Jail On Wrongful Rape Charge


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Ever since police mistook Eugene Robinson of Philadelphia for a wanted sex offender in 2008, he's told anyone who would listen that they have the wrong guy, says the Philadelphia Daily News. Now, after a three-year struggle to clear his name, Robinson, 60, can breathe easier, even chuckle at the horrific mix-up that landed him in jail for a year and prompted his fiancee to leave. City lawyers admitted police made a mistake and agreed to settle a lawsuit filed by Robinson, paying him $85,000.


Robinson's Kafkaesque nightmare began Aug. 4, 2008, when he opened up the Daily News and saw his mugshot under the headline "WEEK'S MOST WANTED." Robinson sought help state Sen. Shirley Kitchen, who persuaded Robinson to turn himself in. "She probably thought that I'd be able to be heard once I got down there, but it didn't work like that," he says. The charge was dropped in January 2009 when the accuser failed to appear twice for a hearing. He served eight more months for failing to pay restitution in an earlier case. It is not clear how his mugshot got linked to an alleged rape by a different Eugene Robinson




Feds Adopt Two-Tiered Terror Alert System, Replacing 5 Colors


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The federal government is adopting a simple, two-tiered alert system to warn of terrorist threats and possible attacks, USA Today reports. The National Terrorism Advisory System replaces the five-colored terror alert system that was adopted soon after the Sept. 11, 2001, attacks.


In place next week, it will alert the public to one of two warning levels: An elevated threat alert, the lowest warning, would be issued if a credible threat were determined, but it likely wouldn't detail any timing or terrorist targets. An imminent threat alert, the highest notice, would be triggered if there were a credible, specific and impending threat or ongoing attack.




Should Congress Prod More States to Collect Arrestees' DNA?


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In 2001, King County Sheriff Dave Reichert in Washington state relied on a DNA match to solve the case of the Green River Killer, who murdered 49 women and still ranks as the nation's most prolific serial killer, McClatchy Newspapers report. Now a congressman, Reichert wants to expand the use of DNA testing by getting more states to collect DNA samples, just as they do fingerprints, when suspected felons are arrested for state crimes. Testing already is allowed for anyone arrested for a federal crime; 24 states have passed such a law. Reichert wants to spend $30 million over 5 years to provide incentives for the remaining 26 states to pass similar laws.


Critics, including the American Civil Liberties Union, say it's an invasion of privacy and that DNA testing should be reserved for convicted felons. They note that hundreds of thousands of people are arrested each year but that many of them are never charged or convicted. Reichert has teamed up with Jayann and David Sepich of Carlsbad, N.M., whose 22-year-old daughter, Katie was raped, strangled, set on fire, and abandoned at a dump site in August 2003. Jayann Sepich said a national DNA sample law could save hundreds of lives, and she wants to help others avoid her trauma. She's become an expert, testifying at statehouses across the U.S. and works full time on the issue


Wednesday, April 20, 2011

Articles for 20 April 2011

NY Police Union Calls Ticket-Fixing a Courtesy, Not Corruption
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As scores of police officers, supervisors, and union officials are investigated for fixing tickets in the Bronx, the Sergeants Benevolent Association - the union for 12,000 front-line police supervisors - has started a campaign arguing that the practice, while widespread, is one of courtesy, not corruption, the New York Times reports.
Union president Edward Mullins recorded an audio message calling on current and retired officers to come forward with testimonials about the beneficiaries of ticket-fixing. He expects to find that politicians, prosecutors, clergy members, business leaders, celebrities, athletes, and others have had tickets fixed, often with the help of top police officials. Mullins said his aim was to highlight a culture of courtesy that had been the norm. It could embarrass or implicate public officials or others who asked police to do them a little favor and make a ticket go away.



Republicans Warn Against Any Immigration Amnesty Plan

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President Obama revisited a key campaign promise when he hosted a White House meeting of elected officials and experts on immigration. If a major overhaul of the nation's immigration policy is his goal, congressional Republicans say he shouldn't hold his breath, reports the Associated Press. They say any bill that even hints at amnesty or legalization for millions of illegal immigrants already in the U.S. is dead before it ever makes an appearance in a congressional committee. President Obama revisited a key campaign promise when he hosted a White House meeting of elected officials and experts on immigration. If a major overhaul of the nation's immigration policy is his goal, congressional Republicans say he shouldn't hold his breath, reports the Associated Press. They say any bill that even hints at amnesty or legalization for millions of illegal immigrants already in the U.S. is dead before it ever makes an appearance in a congressional committee.
Rep. Lamar Smith (R-TX), who chairs the House Judiciary Committee, said immigration reform proposals that offer a path to legal status are tantamount to amnesty. "I think most members of Congress and most Americans don't want to reward lawbreakers and don't want to give them amnesty," Smith said as Obama held his meeting. "Remember, in the last Congress, the Democrats had large majorities and weren't able to pass the comprehensive amnesty bill," Smith said. "I don't think that bipartisan resistance to mass amnesty has (abated)."



U.S. Immigration Detention: $72K To Hold Man Over 2 Old Pot Charges

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Pedro Guzman, 30, has been in immigration custody for 19 month because of two misdemeanor pot-possession charges dating from 1998, reports Medill News Service. The federal government detained 383,524 immigrants in 2009. Detaining an immigrant costs $122 a day. That's $72,712 to detain Guzman from his arrest till a hearing May 16, when a judge will decide whether he can stay in the country.
Guzman sits in a cell in Lumpkin, Ga., more than nine hours from his family and two hours from his attorney. Revisions announced in 2009 aim to give detention facilities more federal oversight, but critics say the changes aren't moving fast enough. The fractured network of detention facilities, often located in remote, rural towns, means that many detainees never speak to lawyers. "Unlike in the criminal system, where if someone can't afford a lawyer they're appointed one, in the immigration system you have a right to a lawyer but you have to find and pay for one yourself," said Tara Tidwell Cullen of the National Immigrant Justice Center, which provides legal services and advocates for immigration policy restructuring



Justice Institute: Other Nations Handle Inmate Re-Entry Better

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The Washington, D.C.-based advocacy group Justice Policy Institute, in a report examining the criminal justice policies of Australia, Canada, England and Wales, Finland, and Germany, contends that the U.S. "should look outside our borders for examples of criminal justice policies that can save money while improving the well-being of both individuals and communities."
The institute's Amanda Petteruti said the nations studied "handle law-breaking behavior in fundamentally different ways than the United States. Instead of relying heavily on incarceration, other countries successfully use community-based responses, treatment for addiction, and services to ensure that once a person is released from prison that he or she does not return."



MA Court: Pot Odor Doesn't Justify Police Ordering Occupant Out

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Massachusetts' highest court, overturning precedent and denying police a crime-fighting tool, ruled yesterday that the odor of marijuana smoke is not enough for officers to order a person out of a parked car, now that possession of less than an ounce of marijuana is no longer a crime in the state, the Boston Globe reports. "Without at least some other additional fact to bolster a reasonable suspicion of actual criminal activity, the odor of burnt marijuana alone cannot reasonably provide suspicion of criminal activity to justify an exit order,'' the court ruled, 5 to 1.
Yesterday's ruling dismayed police and prosecutors. Boston Police Commissioner Edward Davis said it "presents an enormous problem for us. The logic escapes me. [ ] We will be the only state in the country where this standard is in place. It just doesn't make a lot of sense."



Obama Prescription-Drug Plan Could Require Doctor Training

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The Obama administration plan to try quelling prescription-drug abuse includes a Food and Drug Administration requirement that some painkiller manufacturers produce new educational tools, reports the Wall Street Journal. The rule affects makers of long-acting and extended-release opioids, which include oxycodone, morphine and methadone. "This growing public-health crisis is suffocating our society," said Health and Human Services Assistant Secretary Howard Koh.
Education won't become mandatory for physician licensing without congressional approval. Michele Leonhart, Drug Enforcement Administration chief, said, "I believe you'll see great interest from members of Congress." In the meantime, the FDA hopes to entice physicians to receive the education voluntarily by offering continuing education credits, called CME or CE, required to maintain board certification.



Mohr: 5 OH Prison Sales Needed to Stabilize Corrections System

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Gary Mohr, Ohio's new corrections director, is trying to sell five prisons, turn three of them over to private operators, and lay off 115 parole employees. Mohr tells the Columbus Dispatch that recent weeks have been the most difficult of his nearly 37-year career in the corrections business. He has been ripped by critics inside and outside the system. He insists that selling prisons isn't reform; it's "stabilizing" to keep the agency afloat.
He has a larger reform vision of creating a three-tier corrections system, bracketed by "integration" prisons, where inmates work, study and focus on self-development so they can be released to the community, and "control" prisons for the truly bad who are in it for the long haul. Sentencing reform is a Mohr priority. A series of proposed moves are projected to save nearly 7,000 prison beds: granting credit for an earlier release for prisoners who complete work in education, vocational or employment training, or substance-abuse education; funneling nonviolent, low-level offenders to community corrections facilities; equalizing the penalties for crack and powder cocaine; and allowing early release for inmates who've served 85 percent of their sentences. Most of the proposals are in the pending state budget bill.



Study Says NC Death Penalty Biased; GOP Seeks to Void Race Law

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North Carolina should repeal the death penalty because it is expensive, ineffective, and racially biased, an Appalachian State University professor says in a new study, reports the Winston-Salem (NC) Journal. Matthew Robinson, a professor of government and justice studies, analyzed data from more than 20 studies.
Robinson said the studies he looked at were remarkably consistent in their conclusions - that the death penalty doesn't deter crime, is racially biased, and has led to people being wrongfully convicted. The study comes two weeks after Republicans proposed to nullify the 2009 Racial Justice Act. The law allows a death row inmate or a defendant facing the death penalty to use statistics and other evidence to prove that racial bias was a "significant factor" in his sentence or in prosecutors' decision to pursue the death penalty



St. Louis Finally Could Regain Control of Its Police From State

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St. Louis officials have cut a bargain with the police union that may return control of the St. Louis police department to local leaders, ending 150 years of state control, reports the St. Louis Post-Dispatch. Mayor Francis Slay and the St. Louis Police Officers Association agreed on terms of a bill in the state legislature that could give police officers a collective bargaining agreement for the first time ever and would protect current officers' salaries, benefits and freedom to live outside the city.
In exchange, the police department would become a division of the city Department of Public Safety. The mayor's office would pick the police chief. And city leaders would not only set the department's budget, but determine how that money is spent. "I think it's the city changing its approach as much as us changing our mind," said association Business Manager Jeff Roorda. "The threat of filibuster by our Senate allies encouraged the city to come to the table. "It's a very delicate compromise," he said. A five-person state board currently runs the department. The governor appoints four members, and the city mayor fills the last spot. The arrangement dates from the Civil War era



How VA County's Cops Handle the Mentally Ill Amid Treatment Cuts

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Volatile and sometimes deadly confrontations between the police and the mentally ill have been more common since state psychiatric hospitals began to discharge large numbers of patients in the 1960s and 1970s. In response, police departments have launched "crisis intervention" training to create cadres of officers with more than just an hour or two of mental health training. With financially strapped state and local governments cutting community-based mental health programs, the pressures on police could mount as more people leave treatment, says the Washington Post.
The Post describes how the police handle cases involving the mentally ill in Fairfax County, Va., a major Washington suburb. Virginia has been cutting back inpatient and community care for the mentally ill. In Fairfax, where the county's wealth helps supplement state mental health funding, the mental health mobile crisis unit hasn't grown since it was created three decades ago. Since then, Fairfax's population - and the police force - have each nearly doubled in size.



D.C. Juvenile Detention Facility "Insecure," Says Official After 3rd Escape

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An escape by an 18-year-old by Monday from Washington, D.C.'s New Beginnings Youth Development Center in Laurel, Md.,l has heightened concerns about staffing and security at the state-of-the-art facility, which has had three escapes since it opened in May 2009, reports the Washington Post. "We're having an intense revelation of how insecure the facility is," said D.C. Council member Jim Graham.
Graham said the youth was being held on burglary and theft charges. He said the youth had been written up dozens of times since May for breaking facility rules, infractions Graham said should have sparked additional intervention. A guard with more than two decades' experience was escorting a detainee back to his room from a bathroom break about 12:30 a.m. when he was attacked. "I was shocked. It was like a bad dream," said the guard. Like other officers, he was by himself on a unit with 9 or 10 inmates on an overnight shift. "I wish we had more staffing on midnights," he said. "It wouldn't have happened if we had more officers."



Police Ridealong in Flint, MI: "We Take Reports. We Don't Fight Crime"

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The New York Times magazine does a police ridealong in Flint, Mi., one of the nation's murder capitals. Last year in Flint, population 102,000, there were 66 documented murders. The murder rate is worse than in Newark, St. Louis, and New Orleans. It's even worse than Baghdad's.
There are only six patrolmen on duty for a Saturday night. So broke is Flint that the city laid off two-thirds of its police force in the last three years. The front desk looks like a dusty museum piece. Officer Steve Howe, a 20-year-veteran of the department, says, "We ain't cops anymore. We're librarians. We take reports. We don't fight crime."A 50-mile drive with Howe proves to be a slow night. "Last weekend we had four murders," he says.

Tuesday, April 19, 2011

Articles for 19 April 2011

Drug Czar Kerlikowske Interviews to Head Chicago Police
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Despite calls for the promotion of a new Chicago police superintendent from within the department's ranks, Mayor-elect Rahm Emanuel could yet do as he did in finding a new schools CEO and go far beyond the city limits for Chicago's next top cop, reports the Chicago News Cooperative. President Barack Obama's drug czar, Gil Kerlikowske, is among the contenders to become Emanuel's choice for police superintendent after taking office next month.
Kerlikowske, whose formal title is director of the White House Office of National Drug Control Policy, met last week with Emanuel in Chicago. Kerlikowske served as Seattle's police chief for nine years before joining the Obama administration in early 2009. He was in town again over the weekend for an interview with the police board. At least three current Chicago police officials were among a small group interviewed by the board. While Kerlikowske's knowledge of Chicago may be limited, Emanuel got to know him well when Emanuel was White House chief of staff. Another outsider candidate for the job is Garry McCarthy, director of the Newark, N.J., police.



White House Issues Plan to Cut Prescription Drug Abuse

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The Obama administration today issued a national framework for reducing prescription drug diversion and abuse by supporting the expansion of state-based prescription drug monitoring programs, recommending more convenient and environmentally responsible disposal methods to remove unused medications from the home, supporting education for patients and healthcare providers, and reducing the prevalence of pill mills and doctor shopping through enforcement efforts.
The administration said the plan resulted from six months of collaboration across the federal government, with agencies including the Departments of Justice, Health and Human Services, Veterans Affairs, the Department of Defense, and others. In support of the action plan, the Food and Drug Administration today announced that it is requiring an Opioids Risk Evaluation and Mitigation Strategy that will require manufacturers of long-acting and extended-release opioids to provide educational programs to prescribers, as well as materials prescribers can use when counseling patients about the risks and benefits of opioid use.



As Texas Cuts Prison Funding, Experts Warn of Possible Violence

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Prison experts are warning that only so much fat can be cut before a relatively peaceful Texas prison system boils up into a dangerous stew of discontent, says the Dallas Morning News. State officials are carving as many dollars as possible from the Texas Department of Criminal Justice budget as they fight to close a $23 billion two-year state shortfall without raising taxes. The department has already slashed $40 million from its current budget. This week, the House Corrections Committee listened to ideas to trim almost $14 million more.
Chairman Jerry Madden said he knows the cuts are distasteful to some, but legislators are retaining as many services as they can. Cutting inmate "amenities" such as food, education, and rehabilitation programs is a "very short-sighted idea," said Robert Worley, criminal justice professor at Texas A&M Central Texas and a former prison guard. "You're going to have all kinds of collateral consequences that, I think, will be more costly for the prison system in the long run," he said. Said Brian Olsen of the American Federation of State, County and Municipal Employees, a former prison guard: "There is a point, when you take away enough, the inmates are going to act out and take it out on correctional staff."



Paterson, NJ, Lays Off 125 Police Officers--1/4 of Force

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Most of the 125 police officers laid off yesterday in Paterson, N.J., traded in their guns and badges for rally posters reading "Support Cops Not Crime" as they took to the streets in protest of the city's decision to shed one fourth of its police force, reports the Bergen Record. The crowd of former patrol officers marched from police headquarters to City Hall, closing streets and turning heads with such booming chants as "911, who're you going to call!"
Mayor Jeffery Jones has insisted the layoffs were unavoidable because of orders from the state. However, he said that only about 80 officers would have been let go had the union not "rejected outright" an original layoff plan. Union President Steven Olimpio said there was no such rejection, arguing that the union offered $7.3 million in concessions to save the jobs, but the administration dismissed the offer. Several laid-off officers blamed fiscal mismanagement for the pink slips and warned of a spike in crime that will follow.



AZ Gov. Brewer Surprisingly Vetoes Guns-on-Campus Bill

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Arizona university officials and students are cheering a surprise veto from Gov. Jan Brewer, who yesterday refused to sign into law a bill that would have allowed guns on university and community college campuses, reports the Arizona Republic. Higher education officials had lobbied heavily against the measure, saying it would lead to potentially dangerous situations. Brewer -- typically a strong supporter of the Second Amendment and gun rights -- called the bill "poorly written" and said it lacked clarity.
The bill would have required community colleges and universities to allow both concealed and openly carried weapons in their public rights of way, which would likely include public roads and adjacent sidewalks. It didn't clearly define "right of way," which Brewer cited as an example of the bill's lack of clarity. The governor also questioned the use of "educational institution" throughout the bill, which she said could be construed to mean applying to K-12 schools, which would conflict with existing state and federal statutes that prohibit weapons on those school grounds. Bill sponsor State Sen. Ron Gould called it a "very rude veto letter."



CO Makes It Easier For Drug Offenders To Seal Their Records

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It soon will be easier for many Colorado convicted drug offenders to conceal their criminal histories, and - for the first time - dealers and illegal growers will have a shot at sealing their records too, reports the Denver Post. A law passed in March requires drug offenders to complete their sentences and wait between three and 10 years with no new crimes before asking a court to hide their convictions from public view.
Law enforcement at the state and local level as well as state-regulated employers in sensitive fields such as medicine and education will still get access to all but some of the lowest-level conviction records. But other employers, out-of-state law enforcement, landlords, professional disciplinary boards and reporters won't. Critics of the move toward giving convicted criminals more privacy call it "deceptive" and say there are legitimate reasons members of the public would want or need access to that information. The law is part of a movement in Colorado and elsewhere to soften the negative effects of a criminal record and help those convicted get back on their feet.



British Media Don't Cover Local Court Cases, Police Tweet Them

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A local British police force is tweeting the results of court cases because of the media's failure to cover them, the BBC reports. Police officials said the updates on a micro-blogging site were the first ever "tweet-a-thon" from a justice center. Police didn't say if they would repeat the experiment. Among the first cases the force tweeted about were a woman accused of stealing flour and cucumber from a shop and a 58-year-old man who admitted a charge of drinking and driving.
Said a police official: "We've seen over recent years a bit of a decline in court reporting, particularly through local newspapers as they've faced their own financial constraints. "That's tended to result in the general public not knowing what happens in court and what the outcomes at courts are. And this is our opportunity to raise that interest again and to show people there is a vast amount of police business going through courts and people are being dealt with and sentenced and punished for what they've done." Assistant Chief Constable Garry Forsyth said, "We hope that the 'tweet-a-thon' [ ] will give people a flavour for the range of offenders we deal with, an insight into the court system and, importantly, peace of mind that justice is being done."



As Crown Victoria Fades, Austin Police Want to Stock Up with 176 More

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Before the face of police cars changes forever, Austin police are hoping to buy one more group of Crown Victorias this year, says the Austin American-Statesman. Police are asking the city for $4.5 million to buy 176 Crown Victorias before Ford discontinues the iconic patrol car. Austin patrol officers have driven the Fords for more than 20 years, and buying anything different would mean having to buy new parts and equipment that would fit the other models.
"One of the reasons why we want to order now is because the two companies that are making new cars for police (Ford and Chevy) are keeping price points closed, and we don't know how much a replacement car could cost," said Assistant Police Chief Sean Mannix. Another concern is that the new police cars that companies are promoting are only prototypes and have not been extensively tested, he said. It is necessary for police to have the same model, he said, because the department stocks up on parts, such as computer mounts and light bars. Because the Crown Victoria has not changed much in the past two decades, parts can be used interchangeably on different model years.



"48 Hours Mystery" Commissions Mock Jury in Casey Anthony Case

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With flashy editing and ominous music, the very show-bizzy "48 Hours Mystery" last weekend recounted the story of Casey Anthony three weeks before jury selection in her trial begins, says the Orlando Sentinel's Hal Boedeker. The program offered little new information. Anthony is charged with first-degree murder in the death of her daughter, Caylee. In the most controversial segment, "48 Hours Mystery" commissioned a focus group - or mock jury - to weigh Anthony's guilt.
CBS News had defense consultant Richard Gabriel run the group, which undermines the whole point of an egregious exercise, Boedeker says. The majority said they would acquit Anthony of first-degree murder, but most also said they would convict her of involuntary manslaughter. The columnist asks, "Why is a news organization trying a case? Or doing something that suggests it is helping one side in a murder case?" The focus-group outcome, however, heartened former defense attorney Linda Kenney Baden: "That makes me hopeful that maybe the people of Orlando are not being led around as much as I thought by the local news media."



30 Federal Judges Decry Lack of Retroactivity In Crack Penalty Law

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Many in the federal judiciary are rebelling against the application of a new law addressing the sentences for people convicted of selling crack cocaine, says the New York Times. The Fair Sentencing Act or 2010 narrowed the vast gap between penalties for crimes involving crack and powder cocaine. The law seems to reduce sentences only for offenses committed after it went into effect in August. The usual rule is that laws do not apply retroactively unless Congress says so, and here Congress said nothing.
That seems to mean that hundreds and perhaps thousands of defendants who committed crack-related crimes before August will still face very harsh sentences. About 30 federal trial judges have protested that result. The only appeals court to directly address the question so far, the U.S. Court of Appeals for the Seventh Circuit in Chicago, said only Congress could apply the new standards to old cases. "We have sympathy," Judge Terence Evans wrote, "for the two defendants here, who lost on a temporal roll of the cosmic dice and were sentenced under a structure which has now been recognized as unfair."



Time to Rethink Adam Walsh Act: Denver Post

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States are struggling both financially and philosophically to comply with well-intended federal legislation to create a national sex-offender registry, says the Denver Post. It's unclear whether more than a handful of states will meet a July deadline to enact the mandates of the Adam Walsh Child Protection and Safety Act. States that don't comply - and Colorado seems poised to be one of them - could see federal grant reductions that will hurt their ability to fund victim assistance and other court programs.
It's time to rethink the law, says the newspaper. The legislation, passed in 2006, is named for Adam Walsh, a 6-year-old abducted in Florida in 1981 and later found dead. The law's aim is absolutely laudable, to create a uniform national tracking and registry system so sex offenders can't cross state lines to avoid detection. So far, just four states are in full compliance. In 2008, Colorado's Sex Offender Management Board advised against complying with the act. The panel cited conflicts between the state's system, which has been well-vetted and tailor-made for Colorado, and the expense of conversion. For instance, juveniles who commit sex crimes have the opportunity in Colorado, through good behavior and counseling, to be removed from the registry. The Adam Walsh act would do away with that rule.



Chicago Sun-Times Wins Pulitzer for Chicago Violence Series

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The Chicago Sun-Times has won the 2011 Pulitzer Prize for local reporting, with a series of stories that told readers "why they won't stop shooting in Chicago." The prize was awarded to reporters Frank Main, Mark Konkol and photographer John J. Kim.
Main, Konkol and Kim won for their painstaking, heartbreaking documentation of violence in Chicago neighborhoods, and the devastating impact of the increasingly widespread "no-snitch code." The Sun-Times team spent a year probing the lives of victims, criminals and detectives. The series involved in a bloody weekend of gun violence -- April 18-20, 2008 -- when 40 people were shot, seven of them fatally. Two years later, not a single person was convicted as a result of that weekend's shootings, partly because survivors refused to cooperate with police. Photographer Barbara Davidson of the Los Angeles Times won a Pulitzer "for her intimate story of innocent victims trapped in the city's crossfire of deadly gang violence."