A panel from the National Transportation Safety Board recently recommended that every state in the union begin requiring ignition interlock devices for those people who have been convicted of drunk driving. The five-member panel went even further, saying the ignition interlock devices should be used even for first-time offenders. The group from the NTSB agreed [...]
NTSB Panel Pushes States to Mandate Ignition Interlock Devices
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Sending Throughts And Prayers From Sacramento To Newtown
The attorneys and entire staff at Bonilla & Cintean LLP are thinking of and sending a prayer to the students, teachers and all families affected by the senseless tragedy that occurred this morning in Newtown, Connecticut.
It is unfortunate that in times like these many choose to highjack the tragedy and argue their political view. There may be a time to argue about gun control and other political issues but that time is not today.
Today is a time to think, pray, mediate, be thankful and focus on family.
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Madoff's Former Lawyer Seeks to Intervene in Zeek Receivership, Dissolve Receiver's Appointment
In a wild turn of events Friday evening, Bernard Madoff's former lawyer sought to intervene on behalf of two potential clawback targets in the $600 million Zeek Rewards Ponzi scheme, disputing the Securities and Exchange Commission's ("SEC") characterization that the scheme violated federal securities laws and seeking to end the brief tenure of the court-appointed receiver. The motion, filed by famed New York criminal attorney Ira Lee Sorkin on behalf on Trudy Gilmond ("Gilmond") and Kellie King ("King"), takes issue with the SEC's determination that the fraud perpetrated by Zeek and its principals involved the sale of securities - thus bringing the operation under the ambit of federal securities laws. King and Gilmond are currently being pursued by the court-appointed receiver, Kenneth Bell, for over $1.5 million in "false profits" they received from the scheme based on an original investment of $4,597 - thus giving them plenty of incentive to seek the requested relief.
The crux of Sorkin's motion focuses on the contention that the 'investment products' at issue - the various methods by which a Zeek participant could build up 'profit points' that included either selling penny auction bid packages or purchasing "VIP bids" and giving them away - did not fit under the definition of a security as defined under §2(a)(1) of the Securities Act of 1933. Instead, the filing continually makes the case that the Retail Profit Pool and the Matrix, central parts of Zeek, were actually
"contractual rights entitling independent contractors to a share of a company’s profits in return for their efforts in promoting the company."
The definition of a security was established in the seminal case SEC v. Howey, 328 U.S. 293 (1946), and was set forth in a four-part test:
investment of money due to
an expectation of profits arising from
a common enterprise
which depends solely on the efforts of a promoter or third party
Id. at 298. In disputing that the investment contracts did not satisfy this four-part test, the motion strenuously argues that, rather than simply expect profits from the actions of others, Zeek participants took numerous "time-consuming" actions to "earn" those profits, such as enrolling in a monthly subscription plan, recruiting customers, selling penny auction bid packages, and purchasing VIP bids that were to be given away. Indeed, according to Gilmond's affidavit, she spent "twelve to fourteen hours each day working for ZeekRewards." The motion also argues that the profit points earned by affiliates were not shares of stock, as alleged by the SEC.
Importantly, the motion makes no attempt to address the contention that Zeek ran a Ponzi scheme or explain the discrepancy between the amount of profits actually generated by the scheme and the amount represented to participants that was used to determine their "share" of daily profits. As alleged in paragraph 5 of the SEC complaint,
Approximately 98% ofZeekRewards' total revenues, and correspondingly the purported share of "net profits" paid to current investors, are comprised of funds received from new investors
Instead, the motion seeks to spotlight the "work" involved in recruiting new investors that entitled each participant to a share of the daily profits. Simply, while playing up the roles of the scheme participants, the motion does nothing to dispute the central fact - that the advertised payouts and funds used to make those payouts were made possible through the use of investor funds, rather than legitimate profits.
Courts analyzing whether a scheme fits the parameters of a Ponzi scheme have observed that "the definition of a Ponzi scheme is broad and flexible." In re Bayou Group, LLC, 362 B.R 624, 633 (Bankr. S.D.N.Y. 2007). Under this definition, this involves "any sort of inherently fraudulent arrangement under which the debtor-transferor must utilize after-acquired investment funds to pay off previous investors in order to forestall disclosure of the fraud." Id. Thus, rather than a one-size-fits-all approach, courts have held that "there is no precise definition of a Ponzi scheme, and courts look for a general pattern, rather than specific requirements." In re Manhattan Inv. Fund Ltd., 397 B.R. 1, 12 (S.D.N.Y. 2007).
While the motion faces a difficult probability of success, it will not go unnoticed, as it clearly challenges the authority of the SEC and the legitimacy of the receivership. However, while the motion disputes the characterization of Zeek as a Ponzi scheme, the fact remains that Gilmond and King realized a profit of $1.5 million on an investment of less than $5,000 - a return of 30,000%. Meanwhile, according to the receiver, possibly over 1 million participants lost their entire investment. Additionally, according to an unnamed source familiar with King and Gilmond, the two had close ties to Zeek's principals and were often present at "Red Carpet" events to pick up their hefty distribution checks. Gilmond purportedly even used some of her winnings to purchase a custom Harley-Davidson motorcycle.
It is likely that both the Receiver and the SEC will file their position shortly with the court.
A copy of the Motion is here.
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Hit and run accident in Las Vegas, what to do?
Its raining in Las Vegas.There are a lot of drivers that do not have insurance, are driving under the influence, or are in the country illegally.Rain increases the number of car accidents. It also increases the number of people who hit and run.The moment you get hit, the first thing you should do is memorize the license plate number of the car that hit you--before it disappears.The person may have insurance or assets and the only way to hold them accountable is by finding them.Even if they do not have insurance or assets, the police will track them down and make them pay.Get the license plate number and call us for car accident legal assistance.![]()
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Injury Crash on SH39 near American Falls
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
Idaho State Police
District 5 5205 South 5th Ave.
Pocatello, Idaho 83204-2299
(208) 236-6466 FAX: (208) 236-6068
For Immediate Release: 12/14/2012 11:25pm
Please direct questions to the District Office
On December 14, 2012, at approximately 8:50 pm the Idaho State Police responded to a one vehicle injury crash on SH39 at milepost 10.6, near Aberdeen. Raymond Aguirre, 17 of American Falls, was driving a 1999 Honda Civic. Aguirre was traveling southbound on SH39 and drove off the left side of the road. Aguirre overcorrected and rolled multiple times. Aguirre was not wearing his seatbelt and was transported by ground ambulance to Harms Memorial Hospital in American Falls. Alcohol is a factor in this crash.
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The Best Interests of the State of Ohio
Historically, it has never been this Board's practice to parse and critique with the benefit of hindsight strategic decisions made by attorneys during the trial and other phases of the criminal process.That's the Ohio Parole Board saying that it just doesn't care whether those facing death had competent trail counsel. You know, as long as they're guilty.Until this time.29 years ago today, December 15, 1983, Ronald Post murdered Helen Vantz. 15 months later, on March 13, 1985, he was sentenced to be murdered for killing her. His murder is scheduled for January 16, a month from tomorrow.Yesterday, the Parole Board issued its opinion.Post maintained he was factually innocent. Oh, he drove the killer to the Slumber Inn where Vantz was killed, but he stayed in the car while Ralph Hall committed the crime. Or so he claims.It's a hard claim to make, a harder one to sell after repeated confessions and a plea of no contest (which is an admission of the facts alleged in the indictment - including that he personally killed her). The Board finds defense counsel's assertion that there remains lingering doubt about Post's culpability unpersuasive. The Board is not inclined to make a favorable recommendation for clemency on the basis of Post's alleged innocence as to the shooting. Post perpetrated a horrendous crime. Post took Vantz' s life, devastating the lives of her loved ones in the process. And then there's all the stuff about how defense counsel were incompetent. They fucked around at trial, argued with each other about whether their client should plead guilty or no contest - while he kept telling them he wanted to go to trial. And while he got no benefit at all from a plea rather than a trial. Post trial his lawyers just never got around actually to investigating. Which the 6th Circuit said was shocking and noted that he'd been "failed by his attorneys," but hey, what the hell, he was guilty. And maybe his lawyers somehow didn't know that the polygrapher they hired was also working for the state on the case or that the victim impact testimony they didn't object to was "clearly contrary to Post's interests and contrary to Ohio law at that time."But hey, he's guilty, so none of that matters.Except, of course, when it does.There's a reason lawyers say that the correct answer to every legal question is It depends.Because in the long run, you never know. What's never happened before just might happen this time. We can predict, but we can't know. And so they said this. Which, as you know if you read the quote with which I began, they've never said before.While the representation afforded Post may have sufficed for purposes of many types of criminal prosecutions, it was not befitting a capital case. A capital case necessitates a level of attention and responsible tactical decision making commensurate to its gravity. After reviewing the relevant records and hearing the arguments presented at the December 6, 2012 clemency hearing, a majority of the members of the Parole Board concludes that the representation afforded Post throughout his prosecution and beyond did not rise to the level that society has come to expect in death penalty cases.Historically, it has never been this Board's practice to parse and critique with the benefit of hindsight strategic decisions made by attorneys during the trial and other phases of the criminal process. The Board recognizes the challenging judgment calls that attorneys are repeatedly asked to make in capital cases. It is the rare case indeed where the totality of counsel's missteps and omissions will necessitate a favorable recommendation for clemency by this Board. Nevertheless, a majority of the members of the Board find it impossible to overlook the glaring omissions, missed opportunities, and questionable tactical decisions made by Post's several attorneys. The various deficiencies in Post's representation, viewed in totality, call into question whether Post's death sentence was imposed through the kind of just and credible process called for by a punishment of this magnitude.And five members of the Board said that Governor Kasich should commute Post's sentence from murder to death in prison (LWOP).Because we ask, or at least we should ask, more of our system than that. Because we shouldn't be killing people without them having had a fair trial. At least, not this time.Of course, it wasn't unanimous. Five voted for clemency. Three said he should die.Executive clemency would not be in the best interests of the State of Ohio.Really, that's what they said. Like Ohio will suffer if Ron Post isn't murdered by a team of prison guards next month. Which really is as stupid a claim as it sounds.But that was, this time anyway, the minority view.Now it's up to the Governor who has the authority to do whatever he wants. I'd suggest that he do what the majority recommends, that he'd take seriously the failures of counsel and the system. Theat he'd say, guilt be damned, this isn't the kind of just and credible process called for by a punishment of this magnitude.And it's in the best interests of the state to hold to that idea. If we're going to be killing people, we shouldn't just care that they're the right folks. It should matter that we're scrupulous about ensuring that it was all done right. Not with minimal fairness but with maximal.Ohio's better than to kill Ron Post next month. Even if he's guilty. Ronald Post Clemency Report ![]()
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Florida State Prison executes Manuel Pardo, convicted of mass murder in the 1980’s
Florida is one of the 33 States that have death penalty. There is currently a population of 407 in death row, which includes 4 women.
On Tuesday, December 11th 2012 Manuel Pardo was executed by lethal injection. He is an ex Sweetwater cop who was responsible for the death of 9 people in the 1980’s.
The state of Florida has had 74 executions since 1976 and 314 before that. Since the death penalty was re-enacted in 1972, there have been 23 innocent people who were freed from death row and a total of 6 clemencies have been granted. In Florida, life without parole is an option, and when it comes to death penalty the method is either lethal injection or electrocution.
The selection of an attorney when it comes to a capital case is extremely important. You should contact an attorney who has the knowledge and experience it takes to take on a case like that. Call an experienced criminal defense attorneyhttp://www.ralphbehr.net/lawyer-attorney-1266825.html that is ready to fight for your freedom.
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Umsatzsteuerbetrug: Staatsanwaltschaft ermittelt gegen Vorstandsmitglieder der Deutschen Bank
Die Staatsanwaltschaft hat die Hauptzentrale der Deutschen Bank in Frankfurt durchsucht. Die Ermittlungen laufen wegen des Verdachts der Hinterziehung von Umsatzsteuern. Dabei stehen nicht nur einzelne Mitarbeiter der Bank im Verdacht, sondern auch zwei Vorstandsmitglieder, die die Umsatzsteuererklärung 2009 unterschrieben hatten. 500 Beamte durchsuchten die Zentrale in Frankfurt und weitere Wohnungen und Geschäftsräume in . . . → Read More: Umsatzsteuerbetrug: Staatsanwaltschaft ermittelt gegen Vorstandsmitglieder der Deutschen Bank
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West Virginia Supreme Court Finds That Court-Appointed Attorney in Federal Court Is Immune from a State Lawsuit
In the criminal justice system, all criminal suspects are entitled to competent representation by counsel. In fact, it is in the Sixth Amendment of the Constitution, which states: "[T]he accused shall enjoy the right to a speedy and public trial, by an impartial jury . . . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
When a criminal suspect cannot afford to hire a West Virginia criminal defense attorney, the court will appoint a public defender to provide representation. This applies not only in situations involving a criminal trial, but also criminal appeals. Under the landmark case United States Supreme Court case, Douglas v. California (1963), it was determined that low-income people could be represented by court-appointed attorneys on appeal as long as it was one time, for an appeal by right. However, court-appointed attorneys are frequently overworked and may end up making mistakes in their representation. Court-appointed attorneys and their clients may also have a lot of the same tensions as hired attorneys and their clients so often do.
Recently, a case came before the West Virginia Supreme Court regarding whether a court-appointed attorney in an appeal could be sued by a convicted credit union robber. Back in 2001, David Schles was appointed to represent Matthew Dulaney in his post-conviction appeal. Schles filed several post-trial motions and made a timely appeal to the Fourth Circuit Court of Appeals, as well as a petition for a writ of certiorari to the U.S. Supreme Court. After the U.S. Supreme Court denied the petition, Schles sent Dulaney a letter informing him that his representation was concluded. Dulaney could continue to appeal, but would need to do so with other counsel.
In 2008, Dulaney filed a lawsuit against Schles for committing legal malpractice. He claimed that Schles never told him the deadline for filing a petition under 28 U.S.C. § 2255 and sought $11 million in damages. His lawsuit was dismissed by the circuit court, which cited a West Virginia case, Mooney v. Frazier (2010), which stated that an attorney appointed by the federal court to represent a criminal defendant in a federal prosecution has absolute immunity from state law claims of legal malpractice stemming from the attorney's conduct during the legal process. Dulaney then appealed to the West Virginia Supreme Court, arguing that his complaint should have been "liberally construed" to find an action for fraud. He claimed that the attorney had no business petitioning the U.S. Supreme Court and should not have charged the federal government. Also, since Mooney v. Frazier had been decided after Dulaney filed his lawsuit, it should not be applied retroactively to his case.
However, the West Virginia Supreme Court disagreed. They agreed with the circuit court that an attorney in Schles position had immunity, in order to protect such attorneys from "baseless claims." The decision to dismiss Dulaney's case was unanimous.
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Property Damage Crash SB US95 MP 283.6
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
Idaho State Police
Regional Communication Center - North
615 W Wilbur Ave
Suite A
Coeur d'Alene, Idaho 83815
Please direct questions to the appropriate District Offices
District 1 (208) 209-8620 Fax (208) 209- 8618
District 2 (208) 799-5150
CASE # L12000958
--------------------- PRESS RELEASE -----------------------------
DATE: 12/14/2012 TIME: 05:08 PM LOCATION: SB US95 MP 384
ASSISTING AGENCIES: Lewis County Sheriffs Office, Winchester Fire Department, Region 2 Hazmat Team, Idaho Transportation Department
VEHICLE #1
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DRIVER : Sarah Scoles AGE: 24
ADDRESS : Lewiston
INJURIES: No
VEHICLE YEAR: 2001 VEHICLE MAKE: GMC VEHICLE MODEL: Sierra
WRECKER: Forest Wrecking
SEATBELTS WORN? Yes
PASSENGER(S)
PASSENGER: Richard Gates of Clarkston WA
INJURIES: No
PASSENGER: Rowena Dickinson of Genesee
INJURIES: No
INCIDENT NARRATIVE:
The Happy Days Catering truck was SB on US95 at MP 283.6 when they lost control due to icy road conditions. They spun 180 degrees and landed off to the west side of the road. A 50 gallon propane tank was damaged as a result of the crash, and began to leak gas. Per Idaho State Hazmat Protocol, a 1000 foot perimeter had to be set up until the leak could be contained. The road was closed for approximately 7 hours.
DSP INITIALS BAM
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NSU-Ausschuss: Briefbombe an SPD-Politiker verschickt
Vor wenigen Tagen kam es in der Nacht zu einer Explosion im Briefkasten des Büros von Bundestagsabgeordneten Sebastian Edathy (SPD). Der Politiker leitet den Bundestagsuntersuchungsausschuss, der sich mit der Aufklärung der Morde der Terrorgruppe Nationalsozialistischer Untergrund (NSU) beschäftigt. Der Staatsschutz hat die Ermittlungen aufgenommen, da ein politischer Hintergrund vermutet wird. Die Polizei schließt dabei . . . → Read More: NSU-Ausschuss: Briefbombe an SPD-Politiker verschickt
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Judge bars Static-99R risk tool from SVP trial
Original Article12/14/2012By Karen FranklinDevelopers staunchly refused requests to turn over data
For several years now, the developers of the most widely used sex offender risk assessment tool in the world have refused to share their data with independent researchers and statisticians seeking to cross-check the instrument's methodology.
Now, a Wisconsin judge has ordered the influential Static-99R instrument excluded from a sexually violent predator (SVP) trial, on the grounds that failure to release the data violates a respondent's legal right to due process.
The ruling may be the first time that the Static-99R has been excluded altogether from court. At least one prior court, in New Hampshire, barred an experimental method (PDF) that is currently popular among government evaluators, in which Static-99R risk estimates are artificially inflated by comparing sex offenders to a specially selected "high-risk" sub-group, a procedure that has not been empirically validated in any published research.Read the entire article here© 2006-2012 | Sex Offender Issues
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Playing Fair in Appellate Practice
I get the government’s response to my first appellate brief, and I realize that this appellate work is going to be much harder than I had anticipated. Never having done appeals before, I am used to dealing with overworked county prosecutors who cut-and-paste their responses to my filings (motions to sever, to suppress, to compel, [...]
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Newtown Horror
<font style="FONT-SIZE: 12px" face="Arial">There were other things that I expected to write about this morning, but they can wait.Tragedies happen with unfortunate regularity, but I can't
recall one that involved the murder of <a href="http://www.nytimes.com/2012/12/15/nyregion/shooting-reported-at-connecticut-elementary-school.html?hp&_r=0" target="">so many young
children</a>. Regardless, the deaths of 20 babies is beyond comprehension. The death of six adults is a nightmare. And whatever caused the shooter to do such a thing, both his sadness or
sickness and his ...</font>
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CA - Why We Fight to Keep Registered Sex Offenders Online
Original Article12/14/2012By Hanni Fakhoury
Believing that human trafficking is worsened by the internet’s anonymity, the sponsors of California’s Proposition 35 thought they had a simple solution to combatting the problem: require convicted traffickers to register as sex offenders. Then require all individuals on California’s sex offender registry to disclose their online identities and service providers.
The measure passed in the November election with 81 percent voter approval. This isn’t surprising, since Prop. 35 also increases criminal penalties for trafficking, uses criminal fines to fund victim services organizations, and mandates more law-enforcement training on human trafficking. But the Electronic Frontier Foundation and the ACLU of Northern California sued, challenging the constitutionality of the reporting requirements – and this Monday, a federal court will hear arguments about whether it should continue to block the measure’s implementation.
Because in its zeal to restrict free speech online for some, Prop. 35 actually restricts free speech for all.
In a way, making the legal arguments is going to be the easy part. The harder battle is convincing the hearts and minds of those who aren’t on the California sex offender registry to understand the implications of passing such laws. Especially if people believe that the EFF and ACLU, in fighting this measure, are defending pedophiles.
Challenging Prop. 35 isn’t about defending “pedophiles” – not everyone on the registry is a pedophile, let alone a sex trafficker. More importantly, challenging Prop. 35 is really about defending free speech online.
The government needs to keep its hands off internet speech, allowing the web to remain a place where ideas and expression can flow freely. Anonymous speech is an important First Amendment right, and has always been a way to promote a robust exchange of ideas – allowing people to speak their minds freely without worry about retaliation or societal isolation.Read the entire article here© 2006-2012 | Sex Offender Issues
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SHAME ON US
We've posted this statistic before. And the truly sad thing is, we will probably post it again:According to the the Center for Disease Control and Prevention, 3,042 children and teens died from gunfire in America in 2007 – one child or teen every three hours, eight every day, 58 every week. Almost six times as many children and teens – 17,523 – suffered non-fatal gun injuries and the often-lifelong emotional aftermath that follows. Site Feed![]()
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Take The Classroom Back
<font style="FONT-SIZE: 12px" face="Arial">Newberry College in Columbia, South Carolina, will offer a <a href=
"http://www.fastcompany.com/3003957/college-students-tweet-even-more-class-social-media-becomes-major?utm_source=twitter" target="">major in social media</a>.<br>
<br></font>
<div>
<blockquote>
<p class=" slvzr-hover"><font style="FONT-SIZE: 12px" face="Arial">The college, for its part, explains that this is one of the first interdisciplinary social media majors. It says it blends graphic
design, communications, business, marketing, psychology, and statistics, and that social media is such a vital part of marketing and other business habits that it'll be a valuable qualification with
...</font></p></blockquote></div>
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Because There's Nothing To Say
But sometimes,
we forget what we got,
who we are,
Oh who we are not,
I think we gotta chance,
to make it right
- Amos Lee - Keep it Loose, Keep It Tight
It's early Saturday morning. My treasured Saturday morning where I sleep a little later after a long week of work. But today I couldn't lay in bed because I had two little girls down the hall sleeping peacefully, as I do every day - and I knew that 20 families elsewhere, didn't.
I write this not for you, for your comments, your "likes," or to whom you may forward. This is one of those posts I write to be able to come back to someday to remember my thoughts and feelings after the most horrific school shooting in American History.
Like you, yesterday when I initially heard that a gunman went in to a school and killed an adult, or two, or some number of adults based on whatever news source was rushing to be "first," I thought "that's terrible." But I was comforted to know that no kids were killed.
And then, as many of us say these days "my twitter stream blew up."
Ten, 18, 22, no 20.
Twenty homes with unwrapped presents, half-decorated Christmas trees, plans to go see Grandma next week, a life ahead.
Gone.
They say there is nothing like losing a child. I wouldn't know. If there is nothing like losing a child, to an accident, or health issue, then knowing that you dropped your kid off for a day of elementary school and they were murdered, is in a category all alone.
As it goes, when things like this happen (and it was telling yesterday when a news reporter easily said "a school shooting like this"), we see people at their best, and worst. Yesterday House Majority Leader John Boehner, who is at the throat of President Obama, cancelled his scheduled briefing because it was a time for "the President to speak for the nation." That's leadership.
If you missed President Obama's speech yesterday, find it. It's up there with "ask not what your country can do for you," and similar Presidential speeches. He spoke not as a President, but as a father, a citizen of the world. He cried. I cried listening to him.
It's already started, and it will continue - people are and will say some stupid things right now. Maybe you think this is stupid. I don't know. But I want to say this about guns.
I don't like guns. I don't own a gun. I've shot guns at ranges and it was fun. I don't care if you own a gun. I don't want to take your gun away. I believe that you should be able to protect yourself.
But let's stop the talking points, the scripted thoughtless words. Stop saying that guns don't kill people. Guns kill people. People with guns kill people. Yes, beer bottles can kill people and moving cars can kill people, and a really sharp pencil can kill someone.
I, though, have not recently heard of someone going in to a school with a broken beer bottle, or pencil, or car, and killing innocent kids.
We need to stop thinking that any attempt at a solution is by definition, taking your gun away. No one is going to take your gun away. If you truly understand the Constitution, you understand that every right has a restriction. The First Amendment, Fourth, Fifth, Sixth, Eighth, all of them. The notion that every other Amendment can be restricted but 2, is without logic. You can't bring a gun on an airplane, in a bank, in a courthouse (unless you are law enforcement), and we're all OK with that.
Those of you that say "gun control is not the answer," need to come up with an answer, because the answer is not to "do nothing" because we can never stop some deranged gunman from doing what was done yesterday.
I disagree.
I don't know that "gun control" as a concept would have changed anything yesterday because I don't have all the facts yet, and either do you. I do know that I'm OK with doing something to try - try - and prevent what happened yesterday. We can say that hurricanes will never stop, but we can change our building codes to make stronger homes.
I know that - wait, let me get it right - if guns are criminalized, only criminals will have guns. But I heard that the guns yesterday were bought legally by the gunman's mother. If she wasn't allowed to buy an assault weapon..... Hell, I don't know, but I'm not stupid enough to think that those that are passionate about the Second Amendment have all the answers. I can only say that I don't. I'm not that smart.
I agree that creating laws at a time like this is never a good idea. Maybe it's not laws. Maybe its security, metal detectors, something. I just won't accept that the answer is to do nothing because anything we do won't work.
To the families affected by yesterday, I ache for you. I can not imagine your breakfast table today as you sit there speechless noticing the flashing lights from the tree in the other room, doing everything you can not to go down the hall to the bedroom. Know that America hurts today.
I am glad the gunman is dead, because you will not have to suffer years of re-living this in court. I normally want to know why someone did what they did - but in this case I do not. Sick, demented, mad, whatever. It doesn't matter. May he burn in hell.
I could probably write about this all day. I drove home yesterday in a total fog, and like any parent, was thinking how easily it could have happened at my kid's school.
There's just nothing I can say, which makes me a hypocrite.
Brian Tannebaum is a criminal defense lawyer in Miami, Florida practicing in state and federal court, and the author of The Truth About Hiring A Criminal Defense Lawyer.
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MO - Former sheriff's detective (Scott Edwards) sentenced in sex abuse case
Original Article12/14/2012By Jennifer MannST. LOUIS - A former detective with the Lincoln County Sheriff's Department was sentenced Friday to ten years in federal prison for violating the constitutional rights of five women by sexually abusing them while they participated in a drug court program.Scott Edwards, 50, of Troy, Mo., pleaded guilty in July to three felony counts and two misdemeanor counts in the case, which was brought in federal court in St. Louis.
Edwards had served as a "tracker" for the county's drug court until he resigned in December 2010.
While Edwards was on and off duty, he engaged in sexual acts with five female drug court participants, according to prosecutors. It resulted in bodily injury to some of the victims, and included aggravated sexual abuse and sexual contact.
A lawyer who represented the victims in drug court previously said Edwards would use drug court money to pay to have some of the women stay in hotels so he would have easier access to them, and that he threatened the women with jail time if they did not have sex with him.
The crimes occurred from February 2009 through November 2010, prosecutors said.
Four of the women have since sued Edwards and the county in federal court.© 2006-2012 | Sex Offender Issues
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Obama on the Newtown School Shootings
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More Pages to Explore .....
