Posts tagged "court"

Many citizens Decry Weaknesses in Florida?s ?Terri?s Law;? Lakeland Resident Tries Untested Legal Approaches re Terri Schiavo in Florida Supreme Court to Seek Compromise.

Many citizens Decry Weaknesses in FloridaÂ?s Â?TerriÂ?s Law;Â? Lakeland Resident Tries Untested Legal Approaches re Terri Schiavo in Florida Supreme Court to Seek Compromise.

(PRWEB) August 5, 2004

While many parties fight over the hastily-passed Â?TerriÂ?s LawÂ? in FloridaÂ?s Supreme Court, the only court filings in recent months to offer any protection to the person of Â?Terri SchiavoÂ? are being filed by TerriÂ?s familyÂ?s attorney, Pat Anderson, and Lakeland resident, Gordon Watts; Even were Florida Governor, Jeb Bush, to win his court case, a clause in Â?TerriÂ?s LawÂ? gives any future governor the right to remove Theresa SchiavoÂ?s feeding tube. Further, this law Â?expiredÂ? 15 days after passage, which results in the governorÂ?s inability to issue any Â?stayÂ? in the future to any other citizen, as was done with Schiavo.

Biologist, Gordon Watts, A.S., B.S., editor of the online publication Â?The Register,Â? has filed a request in FloridaÂ?s Supreme Court, seeking acceptance of a brief, in support of Michael SchiavoÂ?s petition to avoid implementation of public law 03-418, the disputed Â?TerriÂ?s Law.Â? Watts, who previously supported the hastily-enacted law, has made a reversal in his position due to the lawÂ?s ineffectiveness to protect, as well as the fact the dispute over Â?TerriÂ?s LawÂ? has detracted much-needed focus from actual abuses. The 3 Watts briefs are posted at The Register website and posted online at the Florida Supreme Court:

http://www.flcourts.org/pubinfo/summaries/briefs/04/04-925/index.html

Many other citizens who support WattsÂ? efforts, have spoken out against the shortcomings of Â?TerriÂ?s Law,Â? and have consented to providing statements with full contact data, in response to claims that Watts was alone in his complaints. (Excerpts)

1) Â?Terri’s Law diverts public attention away from the crimes Michael SchiavoÂ?Â? Lisa Ruby, Webmaster 224 Reservoir St. North Attleboro, MA 02760 (508) 643-3285 http://www.LibertyToTheCaptives.net

2) Â?While many people are glad that Governor Bush has brought needed attention to the problems surrounding felony abuse of Terri Schiavo many, Floridians and Americans, myself included, have now come to the conclusion that the fight over ‘Terri’s Law’, had created a distraction, diverting much needed focus to enforce the many felony abuse laws in Florida, and to protect the vulnerable victimsÂ?Â? Doug Guillory, Hc 1 Box 490 Gainesville, MO 65655 DGCajun101@Yahoo.com

3) Â?Â?Theresa (an innocent disabled)Â?was not afforded and it was not demanded that she be afforded her retained rights to rehabilitation and therapyÂ?While not against ‘Terri’s Law’ per se, I am of the opinion that the Florida Legislature and the Florida Governor did not do enoughÂ?Â? Juan V. Schoch, Computer Field Engineer 630 Tomlinson Terrace Lake Mary, FL 32746 (407) 925-4141 jvschoch@Hotmail.com http://www.prweb.com/releases/2004/8/prweb145909.htm (JuanÂ?s Press Release)

4 and 5) Â?Â?Judge Greer has limited medical knowledge. He ought to follow Florida Statutes, and stop legislating and practicing medicine from the benchÂ?Â? (Joint statement) Joanne Kane, RN, Registered Nurse jk22586@aol.com Karen Ward, RN, Registered Nurse 459 Golfview Drive Naples, FL 34110 (239) 566-1573 User204014@aol.com

6) Â?Terri’s Law wasn’t necessary. Existing laws are in placeÂ?Â? Sheila Fogarty 506 E. Douglas St. Elkhorn, Nebraska 68022 (402) 289-9662 sheilamsdlf@aol.com

7) Â?Just because he is a ‘judge’ does not make him rightÂ?Â? Sylvia Scott 6560-82nd Ave. N. Pinellas Park, Fl 33781 Leister2222@aol.com

Â?As a citizen of The United States of America and a nurse, with over twenty-three years of experience, I have closely followed the Terri Schiavo case has been denied antibiotics several times for what could have been life threatening for someone in a debilitated state of health. She has been denied socialization and contact with others, including her own familyÂ?Â? Donna J. Blosser, RN, Registered Nurse 1617 King St. South Charleston, West Virginia 25303 (304) 543-0481 Dbg949@aol.com

9) Â?Whether or not Terri’s Law is followed is immaterial; Terri Schindler-Schiavo is being abused because she is not getting rehabilitation. I had a severe brain stem injury in 75 and have since graduated from grade school, high school, and college. I have a BA in journalism, French, and English and a liberal arts degree. I had good rehabilitation therapy. If we do not protect Terri, who is next?Â? Catherine Elaine Critz, BA, Traumatic Brain Injury survivor 122 Avalon Creve Coeur, Illinois 61610-4013 (309) 698-9451 ccritz@insightbb.com

10) Â?’The Governor may revoke the stay upon a finding that a change in the condition of the patient warrants revocation.’ (Selection from Terri’s Law)Â?’Terri’s Law’ diverts attention away from the crimes Michael Schiavo, a neglectfulÂ?husbandÂ?Â? Dr. Dee Rohe, Acupuncture Physician, Hon. Dr. of Div. 10170 S.W. 199th St. Miami, FL 33157-8625 (305) 232-6182 ; (305) 238-5298 drrohe@bellsouth.net http://4lifeshaperite.com/rumbles/health.html


http://4lifeshaperite.com/rumbles/globalrumblings.html

11) Â?Â?Terri is kept as a caged animalÂ?Â? Janet Goulet, Journal Webmaster Middleburg, Florida JanetHappyGirl1@aol.com http://journals.aol.com/janethappygirl1/TerriSchiavo

12) Â?Â?I want to say that never in this country do we starve and dehydrate people to death. That is a long, painful process and absolutely barbaric. We donÂ?t do it to murderers; we donÂ?t do it to POW’s: Why would we do it to disabled people?Â? Angie Harsh, Child Therapist Hagerstown, MD (301) 790-0241 Stutz619@aol.com

13) Â?Â?I have been very concerned about this case for several reasons, first, because I am a nurse, and am all too familiar with Futile Care Policy, which seems to be sweeping our nationÂ?With the high misdiagnosis rate for PVS, of 43%, I would think would be mandated by the courtÂ?Â? Julia K. Endsley, RN, Registered Nurse 4253 Hwy. 64 W. #11 Henderson, TX 75652 Brokenangel1957@aol.com or alternatively: Endpat@hotmail.com or Brokenangel_1957@yahoo.com

14) Â?My interest in this case is to support a patient’s right to seek and receive life preserving and life improving treatment. Physicians commonly take the oath of Hippocrates in the process of receiving their medical degree. That oath promises to save life and promote healthÂ?Â? Dr. Russ Hills, Ph.D., Author, “THE PRO$ PERITY CULT” 145 Gregory Ln. S.E. Salem, Oregon 97302-5006 hillsralive2007@hotmail.com

15) Â?… abuse of this disabled woman, with the permission of Law Enforcement, Political leaders, and Nursing Home and Healthcare Officials is criminalÂ?Â? Devorah Hoger, Psychology researcher, Author, Â?Mark of the BeastÂ? © Philadelphia, Pennsylvania 19148 (215) 708-2287 Motb52@Aol.com

16) Â?#1 TerriÂ?s Law is not strong enough to save Terri Schiavo, and #2, no one can participate in what under these circumstances would constitute a judicial homicide, and at the same time retain a claim to property, liberty, or lifeÂ?Â? Robert J. More, Truck Driver 2008 South Blue Island Chicago, IL 60608 (312) 455-8385 CrxTLx@aol.com http://www.geocities.com/ThirstForJustice

17) Â?Â?As a Texas nurse, I feel that, while Governor John Ellis “Jeb” Bush did a great thing in getting ‘Terri’s Law’ passed, this is insufficient. Giving the governor the power to revoke the stay in case of change of condition is equal to granting him permission to 1) practice medicine & 2) be an accomplice to murder. ‘Terri’s Law’ also diverts attention away from the crimes committed against Terri Schindler Schiavo including abuse, neglect, & malpractice.Â? Vanessa J. Webb, LVN, Licensed Vocational Nurse 180 Van Zant County Road 2117 Canton, TX 75103 (903) 848-9322 Flutterby9322@aol.com

18) Â?Â? left no written instructions that she would want to be starved to deathÂ?Thomas Jefferson said ‘The care of human life and not its destruction is the first and only object of good government’.Â? Joyce Buskirk 25391 BeJoal St. Barstow, CA 92311-3411 (760) 253-2297

19) Â?IÂ?have followed this case and extensively researched everything I can find regarding Terri Schindler-Schiavo for over a yearÂ?not that I am saying I believe is unconstitutional. I just do not believe that ignoring existing state and federal laws which would protect Terri, if they were upheld, -while passing Terri’s Law at the last minute -was the best measure to takeÂ?At least five (5) expert attorneys wrote letters to Governor Bush emphatically informing him that he already had the power to stop Terri’s dehydration and starvation and to begin an investigation into the alleged abuses of this vulnerable, disabled adult. Governor Bush chose to totally ignore and disregard everything about which they had advised him…Â? Melissa Roxanne Stanley, Online Researcher 925 Hunters Creek Dr. # 202 DeLand, FL 32720 (386) 734-7049 SaveTerrisLife@yahoo.com

http://health.groups.yahoo.com/group/saveterrislife (Yahoo Group: Save Terri’s Life; Owner: Melissa Stanley)

20) Â?I feel that Terrie’s Law takes away power from other laws that might be better used in situations like the one that she in presently in. I hope that you will reconsider the use of this law, and use some of the other felony statutes that applyÂ?Â? Virgil Fritz, Biologist 10848 Taylor May Rd. Mantua, Ohio, 44255-9516 Home Phone, (440) 543-6531 ; Cell Phone, (440) 289 0801 AllNightVi@aol.com http://www.geocities.com/AllNightVi

21) Â?When there are laws that protect disabled people, and a disabled person, such as Terri Schiavo, is a victim of abuse, the right thing to simply do would be to follow the laws, no matter what a judge says. If a law says it, there shouldnÂ?t even have to be a judge.Â? Robert F. Watts, Owner, Â?Bobby Watts Speed ShopÂ? 833 North Lake Parker Avenue Lakeland, FL 33801-2044 (863) 686-3411 ; (863) 687-6141

22) Â?When considering what to do with a disabled woman like Terri Schiavo, people should ask themselves how they or their loved ones would want to be treated. Even if some disabled person would be better off dead, I donÂ?t think anyone would want their method of being killed to be slowly starved or dehydrated over a prolonged period.Â? Anne M. Watts, Supermarket Cashier 2046 Pleasant Acres Drive Plant City, FL 33566-7511 (813) 754-7889 (home) ; (813) 789-1654 (cell)

Biologist and Chemist, Gordon W. Watts, who is filing suit in the stateÂ?s Supreme Court, weighs in:

23) Â?When I first heard about the planned starvation, a Â?purportedÂ? assisted suicide of disabled Clearwater resident, Theresa Schiavo, I couldnÂ?t believe theyÂ?d allow that, after all the hoopla over Â?Dr. Death,Â? Dr. Jack KevorkianÂ?s recent failed attempts. As well, we all recall how Clearwater, Fla. Rock band, Â?Hell on EarthÂ? also attempted a Â?staged suicide,Â? Â?and, like Kevorkian, promptly got run out on a rail by the local police, the stateÂ?s attorney general, and others Â?and stopped in their tracks cold. Of course, citizens routinely are charged with very serious crimes, be it wardens letting a suicidal criminal starve himself, or the occasional horror stories we hear about how someone starved their granny or crippled brother. And, everyone knows better than to starve a dog or youÂ?ll be facing big jail time! So, I was stunned into silence when I heard that city police were not only allowing this, but also enforcing it: When I inquired about this, the local police “guarding” the facility told me that, were she to moan for water, and I give her a little (should I have visited her), IÂ?d promptly get arrested, jailed, and charged. This, they said, was to protect her from choking to death, as I recall.

Besides being illogical (deprivation of water for a few days is usually fatal, so what harm would there be in trying?), this was also illegal, a crime under chapter 825.102(3) of state law, which makes it a felony to deprive the elderly or disabled of food or needed medical care, including, I would guess, water. They said there was a �court order� or something. So, I did a little research, and discovered the court order only dealt with a feeding tube, not standard food or water, and, even if it had, we all know that a judge can�t order something illegal �or else a judge could simply say �Yeah, you all can rob a bank and shoot up some people�. So, naïvely, like Forest Gump, I simply asked the authorities (police and then courts) to comply with the law. What I discovered is that the courts routinely deny the �little person�, even if he is right, unless he/she get clout from the likes of big news media �and the news media doesn�t expose corruption in the court and give coverage �unless either I�m a �rich and powerful� celebrity �or, if I �win big� in court. (So, the little guy is in �catch-22�, so to speak.) This is not right, and I speak out against bias in the news media:

When I jumped in to save the Â?drowningÂ? Theresa Schiavo after authorities followed the example of other oppressive countriesÂ? Â?state police,Â? I did not expect the “bystanders” in the press to make fun of me, but that is just what they did. Normally, if the lifeguard is going under and needing help, as is here (I barely have time to look for a job, much less work one, and court fees are piling up), you expect the bystanders to call 911 (the functional equivalent of doing news coverage), or jumping in and helping the rescue attempt (the functional equivalent of helping my court petitions). The news media is biased: The Tampa Tribune is probably best local paper and has published a letter of mine, but is racially biased: (#1) After I saw an excellent story on a Black couple who were denied entry into a hotel based presumably on race (Â?Travelers Say Motel Lied About Being FullÂ? By JOSHUA B. GOOD, jgood@tampatrib.com; Oct 17, 2002 – Tampa Tribune), I recalled that I had encountered similar treatment Â?except that I had documentation of the police actually admitting that my race (Native American) wasnÂ?t welcome because of offensive “attire” (a small feather), and I had even gone to court, but the Tribune refused to do news coverage, even after I spoke to news managers and Gil Thelen, their publisher. My skin was the wrong color: The Tribune was prejudiced. (#2) Also, Florida routinely has elections problems, and I saw some stories to that effect: Tampa Tribune, Nov. 09, 2002:Â?Ambler Still Faces Election ChallengeÂ? … Tampa Tribune, Oct. 25, 2002: Â?Suit Tries To Oust GOP Candidate” WFTS-TV-Channel 28 also did a story. While these voters did not get far with their suit and gave up, they were covered in the local press. However, my case went further: all the way to the Fla. Supreme Ct., yet it got less coverage: Local media was prejudiced against the Â?smallÂ? people. Then, (#3) I asked local media for news coverage, and Rick Barry of the Tribune said I would have to win big in court for Terri Schiavo before I got any help from the media. They were prejudiced again against little people, as others get news attention for doing nothing but talking about the case: (#4) George Tragos, the Â?Manual NoriegaÂ? criminal defense attorney got on FOX News for merely talking about the Schiavo case (but not actually doing anything it, like filing court papers). However, I actually took action, yet got ignored by press. The Tribune is talented and well-equipped, so it has no reason to yell at me when I call on the phone to give a news tip about, say, a pending Supreme Court case. (#5) The most pressing case of media bias has been the constant hum that Governor Bush was “empowered” by ‘Terri’s Law’ to act, when, in fact, this is a misstatement -and constitutes clear media bias: The laws in place already enable, if not mandate, the authorities to act.

(#6) Although not a major point, the AP also has gotten it wrong, as Attorney Matt Conigliaro of the Carlton Fields law firm points out:

“You may recall from this earlier post that I’ve questioned the accuracy of a line found in recent AP stories on the Schiavo case…I thought the news service goofed in reporting that the Second District granted a motion by Michael Schiavo’s attorneys to send the case to the Florida Supreme Court…I am happy to say I was correct…I have finally seen a copy of that order — it is attached at the end of this document — and it clearly shows that the court raised the issue, not Michael Schiavo. If only the AP read this blog…” (Thursday, June 10, 2004 entry)

Source: http://abstractappeal.com/archives/2004_06_01_abstractappeal_archive.html

While exposing press bias, prejudice, inaccuracies, or “news blackouts” may not go over well with the news media, and such a press release is a little long, it is justified because so many persons contributed quotes (at my request) to speak out about lack of enforcement of the many state and federal laws -and because and the truth must be told about press bias Â?or blackout, as it were: We Americans are under a censor of press, by catch-22: No justice in court without media pressure; and, no press coverage without that elusive Â?big winÂ? in court. Will the Â?little manÂ? ever get a fair shake anywhere in contemporary America? The answer is Â?yesÂ? if this news release goes out and exposes the truth.

Our fine State and Federal Laws are veritable promises made to the people to uphold certain guidelines and standards, but have become ‘broken’ promises! Because of this, citizens will not be afforded the protections necessary to maintain our freedoms and liberties, most prominent of which is life itself, a gift we can not give ourselves, and which is resultantly precious, and you might be the next victim of this type:

Â?Marjorie Nighbert signed an Â?advance directiveÂ? before she was hospitalized for a stroke in 1996. This document stated that she desired no Â?heroic measures.Â? Based on this, her family requested that her feeding tube be removed. When Ms. Nighbert begged for food, the courts deemed her ‘not medically competent to ask for such a treatment,’ and the hospital physically restrained her in bed so that she could not pilfer food from other patients. She died ten days later.Â? Source: http://www.CatholicCulture.org/docs/doc_view.cfm?recnum=5524

This reminds me of the incident up in New York a few years back, as reported by Newsday:

http://www.newsday.com/extras/lihistory/8/hs818a.htm

Kitty Genovese, a local bartender, was stalked and fatally attacked on her way home from work, and when she cried for help, at least thirty-eight (38) neighbors stood by and did nothing, and did not even call the police. The attack, which took roughly thirty-five minutes, went unchallenged, except by one man, who yelled “Leave that girl alone” before turning in. The nation was shocked at this: Why wouldn’t anyone step in and help her, or even lift a finger to call the police?! Genovese died hours after the stabbing because bystanders refused to summon help. The March 13, 1964 attack of Catherine Genovese, 28, who had been returning from her job as manager of a bar in Hollis, New York, made national headlines and shocked the nation.

Psychologists, dubbing this the “bystander effect” or “Genovese effect,” explained that, in large groups (such as many news media outlets considering covering my efforts), everyone thought that “everyone else” was going to help -and no one did anything. (Will the news media, likewise, allow me to go down for the count, without so much as a peep?) Marjorie Nighbert and Katherine Genovese are good reminders of our failures -and the dangers that await us, should we not learn from history.

Therefore, I want a fair day in court Â?which may only be possible if I get a fair day in the court of public opinion: It canÂ?t hurt the press to at least try. Please see below for links to the unedited version of the quotes of the concerned citizens above Â?edited for length and grammar here.Â?

Gordon Wayne Watts, A.S., B.S., Online Editor 821 Alicia Road Lakeland, FL 33801-2113 (863) 688 9880 Gww1210@aol.com ; http://GordonWatts.com Electronic Technologist, Biologist, Chemist, Online Editor, and civil rights activist; A.S., United Electronics Institute, class of 1988, Electronics Technology (UEI now DBA Florida Metropolitan University, 3924 Coconut Palm Dr. Tampa) B.S., The Florida State University, class of 2000, Biological and Chemical Science, double major, Honors: Golden Key Nat. Hon. Society

Note: This Press Release contained quotes of individuals, which, in many cases, were edited/shortened for length; The complete quotes -along with additional contact info on these citizens -and the text (with sources) for “Terri’s Law” is provided at the following links:

http://hometown.aol.com/Gww1210/myhomepage/TerrisLawPressRelease.html

or

http://www.geocities.com/gordon_watts32313/TerrisLawPressRelease.html

All rights reserved © The Register

http://hometown.aol.com/Gww1210


http://www.geocities.com/Gordon_Watts32313

Previous release:

Untested Legal Approaches:

http://www.prweb.com/releases/2004/8/prweb100180.htm


or: http://www.emediawire.com/printer.php?prid=100180

Related releases of others:

Imbalanced reporting on Schiavo:

http://www.prweb.com/releases/2004/8/prweb100246.htm


or: http://www.emediawire.com/printer.php?prid=100246

Florida Pinellas Pasco Judicial Race:

http://www.prweb.com/releases/2004/8/prweb145909.htm


or: http://www.emediawire.com/printer.php?prid=145909

# # #

Attachments

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California Family Law Attorney Issues Statement on Supreme Court Proposition 8 Ruling

California Family Law Attorney Issues Statement on Supreme Court Proposition 8 Ruling

Los Angeles, CA (PRWEB) June 2, 2009

California Family Law attorney Mary Ellen Waller says the recent ruling by the California Supreme Court on the validity of Proposition 8 is a dangerous ruling for all minorities. The following is a statement by Waller analyzing the decision:

The Court has handed the mob a loaded weapon that can too easily be used to pursue inappropriate discriminatory goals and agendas. The ruling undermines the judiciary’s authority to protect minority rights and it substantially alters the California Constitution as a document of independent force and effect.

In its ruling, the Court has altered the procedural process regarding Constitutional initiatives having to do with civil rights. They have done so by removing the procedural requirement that initiatives affecting only individual liberties go through the more rigorous, deliberative process known as Constitutional revision (as opposed to Constitutional amendment). The implications of this ruling have a far-reaching and chilling effect on state constitutional rights as this ruling has eased constraints on the ability of the majority interests in our State to discriminate. Indeed, it has been a hallmark of our State Constitution, our Federal Constitution, and the very fabric upon which our political and social systems in this nation were formed that we operate on a system of majority rule with protection for minority rights. Great and honorable steps against “tyranny of the majority” have been undertaken throughout our history, and sweeping policy attitudinal changes and reforms have been imposed to protect the rights of the minority in society.

This is why, for example, it is against the law to refuse to hire an individual because of their race or ethnic origin; why it is illegal to deny equal access to government based on a suspect classification (such as race, gender, religion, etc). These issues are very often hotly contested and debated, yet to our credit as a people very often we have been able to rise above our own individual prejudices and dislikes. We have enacted laws that are designed to protect the members of a minority group, members of, in Constitutional parlance, a “suspect class.” Race is generally considered to be the most easily recognizable example of a suspect classification, and there are indeed many others as well.

This assessment of the high Court’s “invitation to discriminate” falls far short of mere speculation or conjecture; a discriminatory pattern of behavior by the majority towards minorities is a well-documented reality throughout history. Let us recall that Nazi Germany started with German citizens being stripped of their rights for no reason other than their religion, Japanese-Americans of this country went from curfew to internment, women were not allowed to vote, and blacks were “separate”, “but equal,” a concept that is all too blatantly adopted by the Proposition 8 ruling. The Proposition 8 ruling opens the door for a majority of California voters to adopt future measures designed to gradually reduce or eliminate fundamental rights of vulnerable minorities. Click here to read more http://www.TheCaliforniaFamilyLawBlog.com

Mary Ellen Waller is a family law attorney licensed in California and New York. She is a shareholder of Feinberg & Waller, APC, a firm practicing exclusively in the area of family law with offices in Calabasas and Beverly Hills, California. The Daily Journal, the State of California’s legal newspaper, recently published an article by Waller entitled, “Whatever the Prop.8 Outcome, Some Families Will Be Stuck in Legal Limbo”. An in-depth analysis and report on the Supreme Court ruling on Proposition 8 can be found at http://www.TheCaliforniaFamilylawBlog.com

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OddSocks – Changing your name to confuse the police computer

How a man changed his name to lighten court proceedings against him. Meet OddsocksmcweirdoeltuttifruttiMrfartohellohippotamusbumIthinkwecanallliveincooperationasfreeindividualswithouthurtingourfellowsentientbeingsbutwewillhavetoworkonittheworldisforsharing

produced by undercurrents alternative news www.undercurrents.org

Duration : 0:1:12

Read more…

Gov. Rod Blagojevich

You’d think that the past history of so many Illinois Governors going to jail would have sent a message to Rod Blagojevich that he needed to mind his manners. One would also think that on the heals of the Rezko scandal to which Blagojevich was associated with and still under investigation that he would be more than careful. Ah, but we’re talking Cook (Crook) County, Illinois now aren’t we! 

Gov. Rod Blagojevich and his chief of staff, John Harris, were arrested by FBI agents on federal corruption charges Tuesday morning. Blagojevich and Harris were arrested simultaneously at their homes at about 6:15 a.m., according to Frank Bochte of the FBI. Both were transported to FBI headquarters in Chicago.

In one charge related to the appointment of a senator to replace Barack Obama, prosecutors allege that Blagojevich sought appointment for himself as secretary of Health and Human Services in the new Obama administration, or a lucrative job with a union, in exchange for appointing a union-preferred candidate.

Blagojevich and Harris, along with others, obtained and sought to gain financial benefits for the governor, members of his family and his campaign fund in exchange for appointments to state boards and commissions, state jobs and state contracts, according to the charges. “The breadth of corruption laid out in these charges is staggering,” U.S. Attorney Patrick Fitzgerald said in a statement.

And Barack Obama has to be excited that the primary season is over since a grand jury has now gotten involved in the Rezko-Obama land sale. A former Illinois bank official, now claiming whistleblower status, says bank officials replaced a loan reappraisal that he prepared for a Chicago property that was purchased by the wife of now-convicted felon Tony Rezko, part of which was later sold to next-door neighbor Barack Obama.

Raw red meat for Hannity and El Rushbo!

In a complaint filed Thursday in the Circuit Court of Cook County, Kenneth J. Connor said that his reappraisal of Rita Rezko’s property was replaced with a higher one and that he was fired when he questioned the document. The complaint also said that the grand jury wanted information on Mrs. Rezko’s checking account and loan file and that the Federal Deposit Insurance Corp. (FDIC) had audited the Rezko file – although Mr. Connor’s lower reappraisal had been replaced with a higher amount. “Connor’s internal whistle-blowing activity at Mutual Bank implicates Mutual Bank and the potentially guilty officers thereof to prosecution under federal and Illinois statutes,” said the complaint, filed by attorney Glenn R. Gaffney.

It’s just politics as usual!

Cook county politics especially.

Ernie Fitzpatrick
http://www.articlesbase.com/politics-articles/gov-rod-blagojevich-677051.html

Dui? Sometimes, Bad Things Happen to Good People

As long as there are human police officers, injustices always will occur. A

great many police officers feel they have done their job when they arrest a

person for “mere suspicion” of DUI. In some instances, the arrest may be

warranted, but sometimes it isn’t.

Although you may think that just because your Blood Alcohol Level is below

the state limit, usually 0.08%, that you’ll not be arrested for DUI. Wrong!

Actually, you can be arrested for DUI no matter what level of alcohol is in

your bloodstream. Even if you haven’t been drinking at all, if the police

officer observes anything about you that leads him to believe you may have

been drinking, he can arrest you. And then, it’s up to you to prove your

innocence.

For example, let’s say that you just finished a fine meal at your favorite

restaurant and you had a small glass of wine. An overzealous police officer

stops you for a minor traffic violation and smells alcohol on your breath.

He immediately arrests you for DUI, slaps on a set of handcuffs and hauls

you off to jail.

Once you arrive at the jail, you’re photographed and fingerprinted, then

you’re placed in a holding cell, probably along with some pretty unsavory

characters. You’ll wait there for what seems like an eternity and eventually

you’ll go before a local magistrate who will decide what happens next. He

may just assign you a court date and release you, or he may keep you locked

up until you post a cash bail. If you don’t post bail, you’ll sit in jail

until your court date.

Even when you do get out of jail, it will seem like your troubles are just

starting. As a result of your arrest, your car was towed to an impound lot

and when you go to retrieve it, you’ll be faced with paying hundreds of

dollars in towing, storage and administrative fees.

When your court date finally arrives a few weeks later, you need to be

prepared to fight your case by being knowledgeable about the DUI laws of

your state. If everything concerning your arrest wasn’t done properly,

there’s a good chance you can get the case dismissed and all charges

dropped, thereby keeping your record clean. Even if your case does proceed

to trial, your guilt must be proven beyond reasonable doubt. Again, this is

where you need to be aware of the law and what’s legally required for a

conviction.

Keep in mind that the police officer is not your friend. The judge is not

your friend. This is a money-making enterprise for them and they would

prefer to punish you as much as possible, as quickly as possible so they can

move on to the next poor soul who they’ve managed to catch in their snare.

If you don’t know your rights and speak up, they’ll just dish out your

punishment and move on to the next victim. You will have now been

rubber-stamped as a criminal and you’ll have to live with the consequences.

Carson Danfield
http://www.articlesbase.com/health-and-safety-articles/dui-sometimes-bad-things-happen-to-good-people-146015.html

Dog Bite Laws in California

In California the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place, or lawfully in a private place. The owner of the dog is liable even if the dog bites on the owner’s property. It does not matter if the owner new the dog was vicious or not. A person is considered to be lawfully upon the private property when he is on the property in the performance of any duty imposed upon him by the laws of the State of California or by the laws or postal regulations of the United States, and also when the person on the private property on invitation from the property owner, the invitation could be expressed or implied.

Someone breaking into a private home and bitten by a dog would not have a cause of action. If your dog rushes out and bites someone knocking on your door and bites someone that is there for the purpose of converting you to their religion or to sell you a subscription to a nonexistent magazine, then they would have a cause of action, because of implied inviation. If you happen to have a fence that is locked or just closed and with a sign advising that no one is invited implied or expressly then you are unlikely to be liable, but exceptions to this rule also apply.

Under the California law if you are bitten where you have a right to be, you automatically win on liability, and it is only a matter of proving damages. If you are bitten after ignoring a sign that says noone no invitation is made to enter my property expressly or impliedly then a different standard applies. The standard is one of negligence, was the owner’s conduct reasonable. Training an attack dog to attack any human being upon entering the property is probably not reasonable. There is also the mail man exception, the mail man has to drop off the owner’s mail and if bitten would have a lawsuit against the dog owner, regardless of whether there is a sign or not.

The best way to avoid liability if you own a dog might be to put up a sign that says, one that says there is no implied invitation to this property, keep out, all others in consideration for entering this property you assume the risk of getting bitten by a dog. It would not eliminate the risk of liability for a dog biting a human being, especially if it is at night and there is no light on the sign, but otherwise if the sign can be read, it would help minimize or eliminate the liability.

If you happen to be the victim, it is unlikely that you had fair warning and that you were bitten while breaking into someone’s home. A dog bite or dog attack is a special kind of personal injury claim. It is a type of claim that is not evaluated by a computer. The type of damages that are pursued are often for pain, suffering, emotional distress, disfigurement, loss or earnings, reasonable and necessary medical expenses, and future medical treatment. If the dog attack while the victim was doing something illegal, it is unlikely that a lawsuit can be maintained.

A person cannot bring a lawsuit when a bite occurs if the dog is a military dog or police dog and the person bitten was annoying, harassing, or provoking the dog and the dog was defending itself. A person cannot bring a lawsuit against a military dog or police dog if the dog was assisting an employee of the agency in apprehension or holding of a suspect where the employee has reasonable suspicion of the suspect’s involvement in criminal activity. There is no real clear line as to what reasonable suspicion means. No lawsuits are permitted when the military or dog is assisting an employee of the agency in investigation of a crime or possible crime, in the execution of a warrant, and in the defense of a peace officer or another person.

If the person bitten by a military or police dog is not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work, is allowed to bring a lawsuit. It is not unusual for passerbys or bystanders to get bitten by a poorly trained dog.

For the police and military dog exception to apply the agency must also have adopted a written policy on the necessary and appropriate use of a dog for the type of work the dog is to do.

If a dog bites a human being, the owner of the dog is required to take steps to remove the danger of a bite from the same dog on another person.

If the dog has bitten twice, any person, the DA, or city attorney can bring an action in court t6 determine if the confinement and treatment of the dog is sufficient to keep it out of danger to other persons. The court has the power, after hearing, to order that remove the dog fro the are where it is confined, or to destroy it if necessary.

A different standard applies when the dog has been trained to fight. If the dog has been trained to fight only one bite is required for any person, the district attorney, or city attorney to bring an action in court to determine if the dog’s confinement is sufficient to keep the dog from biting another human being. The court after hearing, has the power to prevent the reoccurence of a bite, by removal of the dog from the area or destruction if necessary.

In California there are no free bites. If the dog bites a human being, there is liability for personal injury, unless there some sort of exception such as a police dog or military dog exception.

Arnold Hernandez
http://www.articlesbase.com/pets-articles/dog-bite-laws-in-california-101437.html

State Police Powers on the Environment and the Supreme Court?

While I understand that the federal government has Commerce Clause powers and through administrations, can carry Congress’ will when dealing with the environment (Chevron, EPA v. Mass), I was wondering how states deal with this. They have police powers in this area, but are there Supreme Court cases where petitioners argue against the state’s power to regulate the environment?
I understand that the case dealt with CO2. However, it does enforce that the federal government has the power to regulate state environment.
How federalism and the environment? Like state statues against federal statutes? I’m assuming the federal government supersedes.

The "Reserved and Delegated Powers" clauses allow the states to have regulatory authority on those things not reserved for the federal government. Thus, states can regulate individually those things which the federal government does not regulate, and can additionally refine the federal regulations if they are not specific. Further, state police agencies have full powers to enforce all federal laws, including environmental laws, and then turn cases over to the federal government for prosecution.

In Massachusetts, what is the difference between a Sheriff, State Police, and City Police Officer?

It’s my understanding their roles are very different in other parts of the country, especially rural areas.

I see people speeding without care past Sheriffs but a State Police officer sees them, they are getting pulled over.

What’s the deal here in the Bay State? Thanks!

It depends on the county.

In Mass the state police do have a bigger role than in most states.
For most. not al counties, they supply the manpower and expertise for smaller towns and unincorporated areas. In other states that is usually done by the local county sheriffs office.

Take Suffolk (Boston area) the Sheriff can enforce all laws but the cars you see are usually just doing civil process, that is serving subpoenas and evictions and such, not enforcement work.
The sheriff also handles all of the court services (bailiffs) and jails.

The east coast states tend to have a bunch of different law enforcement jurisdictions, stuff left over from common law and colonial law days.

Shopping Nightmare

I was arrested for Trespassing on 3/19 and 6 weeks later charged with battery and disorderly conduct. The stories of the Security Guard from Jewel Foods and Monterrey Security guards was totally different from what they wrote in their incident report, the Chicago Police Report was different, their written statements were different and on 5/16/2009 their testimony in court was totally different from all the evidence. I was found not Guilty of Trespassing, Battery and Disorderly Conduct.

This entire incident started because I questioned the customer service of Jewel Foods and I was denied a manager by the Jewel Foods Security Guard. When the Guard denied me a manager he smiled as if it was a joke. I told the security guard, “What do I have to do? Do I have to go down the street and get some of my rich white friends and come back so you can open up the self check out line? That comment made the Jewel Security Guard mad and he followed me to the grocery line and blocked me in, knocked my orange juice out of my hands, grabbed me by the arms and pushed me out of the line. I was pushed to register #3 where I was picked up and slammed to the concrete floor where I yelled for help because I was in pain. I was dragged from register #3 to Register #10 by a Jewel Food Security Guard by one handcuff which cut into my skin and I was dragged by a Monterrey Security Guard by the other arm. I was yelling because I was in pain because of the slam to the floor and the handcuff cutting into my skin while I was being dragged. The security guards were trying to pull me into the Loss Prevention Office which the customer did not allow that to happen because they witnessed the security guard touching me for no reason.

A customer called 911 and once the Chicago Police arrived the customers were trying to explain to them what happen but refused to listen. The customer who called 911 tried to explain to the Chicago Police Officer he called 911 and the officer choose not to listen. In the Chicago Police Report it states, The Reporting Officer Was responding to a battery: The customer who called said, “They are beating this guy up in front of Jewel.” I’m wondering why did the Chicago Police refused to take a statement from the customer? Did the Chicago Police look at the video evidence?

I went to court on 4/30 to fight the Charges of Criminal Trespassing and the Jewel Foods filed an additional charge of Battery and Disorderly Conduct.

3/19 Criminal Trespassing to Land: “KNOWINGLY REMAINED UPON THE LAND OF JEWEL FOODS LOCATED AT 1224 S. WABASH AFTERRECIEVING NOTICE FROM OWNER/OCCUPANT.AGENT TO DEPART.”

4/30 Battery: The Security Guard signed a complaint in Court claiming Battery. “Intentionally or knowingly without legal justification made contact of an insulting or provoking nature with the complainant in that the defendant swung fist at complaint hitting complainant in the arm.”

4/30 Disorderly Conduct: The Cashier signed a complaint in Court claiming Disorderly Conduct. Knowingly acted in such an unreasonable manner as to disturb another and to provoke a breach of the peach in that the defendant was screaming and yelling which prevented the complainant from performing her duties as a cashier for Jewel.

Go to Youtube and type in “Jewel-Osco Security Guard Gone Wild”

Video #1 and 2 will show the Security Guard following me to the grocery line.

Video # 3 will show the Security Guard grabbing me and pushing me out of the Grocery Line.

Video # 4 will show the Security Guard lifting me up from behind and slamming me to the floor.

Video # 4, #5 and #6 will show I was dragged by the security guards.

Video # 7 will show I was dragged and jerked by the handcuff and arrested by the Chicago Police Officers.

The Trespassing Charges

The security guard told the judge he told me in the Grocery Line that if I could not keep quiet he would have to tell me to leave. The Judge asked the Security Guard, “So you gave the defendant a condition?” The security guard said, “Yes.”

1st My attorney asked the security guard to read the Trespassing Warning in court and when he read the warning he did not know what time it was given to me. There’s two different times on the warning.. 1st It states it was given to me at 1:15am and 2nd It states it was given to me at 1:25am. There was no way I received any Trespassing warning because at 1:15am I was grabbed and pushed out of the line and slammed to the floor at. Then I was dragged from register 3 to 10 by one handcuff.

2nd The trespassing warning also state, “The above named person was advised that if he/she returns to said premises that he/she would be in violation of this Trespass Warning and be subject to arrest.” In order for the Trespassing Warning to be valid I had to leave and come back onto the Premises I was band from.

3rd My attorney asked the security guard the following question to show I was illegally detain with warning.
A: Where was my client standing? The security guard replied in line.
B: What was on my Client left side? The security guard replied, a pop machine and a candy rack.
C: What was on my Client Right side? The security guard said the self-check out line.
D: Who was standing behind my Client? The security guard said he was.
F: My attorney said, “If my client wanted leave out of the store would he go in the direction you were standing which is behind my client or would he go in the direction the customer were facing. Better yet, would it be easier to say the only Exits would be in the front of the store and not the back? The security guard said the only Exit would be the front of the store?

My attorney said, if you were blocking his rear, the pop machine and the candy rack is blocking his left, the self-check out line was blocking his right and the 10 to 15 customers in front of my client was blocking his front which prevented him from Exiting the Store, please explain to the courts if you gave my client a trespassing warning to leave, how was he going to leave if he was blocked in? The security guard could not answer.

4th The security guard said they gave the Trespassing Warning to the Chicago Police after I was arrested and assumed they gave it to me.

5th In Jewel and Monterrey Security they lied about the security guard was telling me to leave several times and that never occurred.

6th The Security Guard from Monterrey Security was asked why did he sign his name on the Trespassing Warning as a witness? He said I was in the parking lot and I did not know what was going on?

The charges were dropped because it showed he blocked me in, he had no reason to stop follow me to the grocery line which he told the judge he did not follow me, the times were wrong and in order for the trespassing warning to be valid he would have to word it correctly, give it to me directly and time must match.

Battery Charges:

1: The Video Evidence shows I never swung at anyone.
2: The Judge looked at the Video Evidence and said, “It clearly shows the security guard grabbed the defendant and there is not proof of the defendant swinging according the the video evidence.”
3: The Security Guard from Monterrey Security wrote in his statement, “At this point the man dropped to the ground of his own will and started to scream.”
4. In court the Security Guard told the Judge he could not remember because it’s been so long but later said, “1st it look like he dropped to the ground on his own. 2nd it look like Christopher Mendoza laid him on the ground and 3rd I did not have a clear view.”
5. The video evidence shows I was slammed to the floor by Jewel Loss Prevention and Monterrey Security Guard was standing directly in front of me.

On May 16, 2008 Christopher Mendoza told the Judge that I swung at him with a bag of Pistachios Nuts and when he blocked my swing with his arm and the Pistachios Nuts when everywhere on the floor. The Monterrey Security Guard support the story also.

March 19, 2007 Christopher Mendoza wrote in his Loss Prevention Incident Report, “He Gestured as if he was going to strike me, I blocked his arem and tried to handcuff the subject. Kerry Kielbon (Monterrey Security) assisted me.”

March 19, 2007 Christopher Mendoza told the Chicago Police, “At this time subject was asked to leave premise, subject refused stating he would make a scene if security touched him subject was asked again to leave and refused, at this point security attempted to place subject into customdy, scuffle ensued while handcuffs were being placed on offender.”

April 30, 2007 Christopher Mendoza filed a complaint in court stating, “Intentionally or knowingly without legal justification made contact of an insulting or provoking nature with the Complainant in that: The defendant swung fist at complainant hitting complainant in the arm.

May 16, 2008 Christopher Mendoza told the judge I swung toward his face with a bag of Pistachios and he blocked the swing with his arm which made the bag of Pistachios fall on the floor.

My attorney asked where did the allege swing take place and the security guard was not able to give that information. My attorney asked did this take place after you tried to arrest my client or before you tried to arrest my client? The Security Guard from Jewel Foods said, “It took place before I tried to arrest him.” So my attorney said we should be able to see Pistachios Nuts everywhere on the floor, Correct? The Jewel Food Security Guard agreed?

We showed the Video Evidence from Line #1 Which show no punches were thrown and it clearly showed he grabbed me and pushed me out of the line. We paused the video which showed I had Pistachios in my hand and we showed the floor area where Pistachios show have been and there were not Pistachios on the floor because I had the bag in my hand. We showed Video Evidence from Line #3 which show the Jewel Foods Security Guard picking me up from behind which holding my arms in the air. We pause the video and it showed I had Pistachios in my hands and there were not Pistachios on the floor. We were about to show more of the video and the Judge said, “That’s Enough.” I’m sure she was in disbelief of what happen and the video showed they were lying..
The judge looked at the video and said, It clearly shows the security guard grabbing the defending and pushing him out of the line. There is no proof showing the defendant swing at anyone and there are no Pistachios on the floor.

The Jewel Security guard was asked if I was handcuff and he replied, “No”. The video evidence showed the security guard dragging me from lane #3 to lane #4 and you see customers taking pictures with their phones because he was dragging and jerking me by the handcuff.

Disorderly Conduct:

The Jewel Food Cashier claimed my yelling for help and 911 stopped her from doing her job. The video evidence clearly show she never stop working and did not witnessed the incident.

The cashier wrote the following statement on 4/3/2007: “I was the only line open and the line was long and customers were complaining about the line but there was no help I had no extra bodies to perform the job.”

The cashier did not show up to court on April 1, 2008 and on May 16, 2008 my attorney asked to have the disorderly charge dropped but a Manager in the Loss Prevention Department said Linda Williams passed away. The Judge allowed the Disorderly Conduct to stay because the Loss Prevention Manager stood in her place. The charges were later dismissed because there was no proof of Disorderly Conduct I did not need to show any video evidence to prove my innocence.

Jewel Foods and Monterrey Security tried to intimidate me not to come to court and I was harassed for about 8 months. I was also told by the Loss Prevention Manager if I sign a letter no to file Civil Suit they would drop the charges. The Loss Prevention Manager also stated, ” Beside, I’m 22 and Zero when I come to court.” I told him the charges are weak and false and I’m going to fight this in court.

On May 16, 2008 I was offered a plea of 3 months supervision from Jewel Food Loss Prevention. I was also offered to plea no Contest and to stay out of Jewel. I told my attorney no because I did not do anything wrong and I would rather fight this in court.

On May 16, 2008 I was found Not Guilty of all the charges filed against me.

I was found not Guilty of Criminal Trespassing to Land
I was found not Guilty of Disorderly Conduct
I was found not Guilty of Battery

The Court Transcript will show the Security Guards lied from day 1 and 95% of their statement was conflicting.

Joseph Robinson Jr

How far along is New Zealand in the New World Order and Police state compared to America?

In America, there is very little freedom left, and is very advanced in the so called New World Order, turning the citizens into slaves. Look at how BP is arresting folks for taking pictures of the Gulf Disaster for instance. How far along is New Zealand in the New World Order compared to America and how does it treat its citizens, especially free speech. Thanks

I have to disagree with the person above me.

Firstly, NZers think they have a right to obtain secret information. Now I don’t know what you think, but how well do you think the CIA would function if it had to tell everyone its secrets? For example, NZ tried to setup a secret force to deal with terrorism threats to the Rugby World Cup. How ever under the "official information act" one news published this, told everyone, and the agency is basically useless.

Some where in NZ’s history people decided that name suppression was in fact unfair to the society. This is due to a fairly low level of IQ – name suppression is to protect the identity of certain humans until they have been found guilty of their actual crime.

Imagine being posted on the news as a paedophile, only to find after a court case, the court actually ruled you didn’t do anything wrong and were falsely arrested by the police. You would never get your rep back.

I believe the above post is from a fairly extremist person. Their are a couple of angry NZers who run blogs like his/hers. NZ has been consistently voted one of the least corrupt, peaceful and safe countries in the world.