2009-02-16

Military to bribe foreigners with citizenship for service

Those who are in the US on temporary visas will have a chance to acquire citizenship, if they enter military service as little as six months.

According to a Sunday New York Times report, for the first time since the war in Vietnam the US army has expressed willingness to recruit the immigrants who long for US citizenship.

Skillful immigrants who have lived at least for two years in the US can enroll in military to help the already exhausted army worn out by two wars in Iraq and Afghanistan and pave the way for their own permanent citizenship.

“The Army will gain in its strength in human capital,” said Lt. Gen. Benjamin C. General Freakley, the top recruitment officer for the US army, “and the immigrants will gain their citizenship and get on a ramp to the American dream.”

“The American Army finds itself in a lot of different countries where cultural awareness is critical,” said Gen. Freakley, which is in charge of the pilot program. “There will be some very talented folks in this group.”

The Times said the program could help the military fill shortages in medical care, language interpretation and field intelligence analysis. It will be limited to 1,000 enlistees in its first year, most for the Army and some for other services.

The self-proclaimed US-led “war on terror” has worn out the strength of the military, prompting demoralization and suicides among the US soldiers, while leaving the army in dire need of new recruitments. Critics, however, say the program could provide for the terrorist to penetrate the army.

The Pentagon, though silent on the issue of recruiting foreigners, is striving to rehabilitate the army and find new solutions as it mulls opening new fronts in Afghanistan and Pakistan.

2009-02-13

Filipino court orders Marine rapist into custody

MANILA, Philippines — The Philippine Supreme Court on Wednesday ordered a U.S. Marine convicted of rape to be moved from the American Embassy into Philippine custody, reopening an emotional case that has become a rallying point for anti-American protests.

The court ruled that a deal allowing Lance Cpl. Daniel Smith to stay at the embassy while appealing his 40-year jail term was contrary to the Visiting Forces Agreement, which governs the conduct of U.S. forces in the country.

The justices instructed Foreign Secretary Alberto Romulo to negotiate Smith’s transfer to an appropriate detention facility. Pending such an agreement, Smith can remain at the embassy, the court said.

It also directed the Court of Appeals to quickly resolve Smith’s appeal.

The U.S. Embassy issued a statement saying it would consult with legal experts in Washington.

The rape case has stirred emotions in the former U.S. colony and became a rallying point for activists demanding an end to U.S. military counterterrorism exercises.

Smith, 23, from St. Louis, Missouri, was detained and put on trial in 2006 after a woman accused him of rape. After sentencing, he was transferred from a local jail to U.S. custody while his case was on appeal.

When a Filipino judge initially ordered Smith be detained in a suburban Manila jail, the U.S. government temporarily suspended joint, large-scale military exercises in protest. Washington agreed to proceed with the annual Balikatan war exercises with the Philippines only after Smith had been transferred to the embassy.

President Gloria Macapagal Arroyo backed the U.S. position and said Smith’s embassy detention was necessary to avoid complications in relations with its key ally.

A provision in the 1998 Visiting Forces Agreement states that any accused U.S. service member shall remain in American custody until all judicial proceedings are exhausted.

But there are differing interpretations of when that is. The Filipino woman’s lawyer, Evalyn Ursua, and the left-wing alliance Bayan claim Smith should be serving his sentence in a Philippine jail, regardless of his appeal.

Smith’s lawyer, Jose Justiniano, said he explained the implications of the decision to his client. He said Smith has no choice but to comply.

Rucker soldier charged with death of son, 5 months old

FORT RUCKER, Ala. — A Fort Rucker soldier charged with manslaughter in the death of his 5-month-old son has admitted to shaking the infant in the past.

Dedrick Fisher Sr. attended a hearing on post Wednesday to determine if there was enough evidence to continue through court proceedings against him.

Federal authorities charged Fisher with involuntary manslaughter the day after Dedrick Jr. died Feb. 2.

According to testimony, Dedrick Fisher Jr. suffered injuries as severe as those an older child would have suffered from a television falling on his head.

A Fort Rucker special agent said Fisher admitted he was irritated when he shook Dedrick Jr. at least once in November.

Rucker soldier charged with death of son, 5 months old

FORT RUCKER, Ala. — A Fort Rucker soldier charged with manslaughter in the death of his 5-month-old son has admitted to shaking the infant in the past.

Dedrick Fisher Sr. attended a hearing on post Wednesday to determine if there was enough evidence to continue through court proceedings against him.

Federal authorities charged Fisher with involuntary manslaughter the day after Dedrick Jr. died Feb. 2.

According to testimony, Dedrick Fisher Jr. suffered injuries as severe as those an older child would have suffered from a television falling on his head.

A Fort Rucker special agent said Fisher admitted he was irritated when he shook Dedrick Jr. at least once in November.

2009-02-11

Sheriff’s deputy must stand trial for alleged death threat, judge rules

Following more than two hours of testimony, a judge ruled Tuesday that a San Bernardino County sheriff’s deputy must stand trial on criminal charges for allegedly holding a gun to another man’s head while off duty.

Richard Heverly, 42, who works at West Valley Detention Center in Rancho Cucamonga, must stand trial on four felony counts, ruled Judge Arjuna T. Saraydarian: assault with a semi-automatic firearm, assault by a public officer, criminal threats and false imprisonment.

All four charges carry sentencing enhancements because Heverly used a gun.

See also:

Preliminary Hearing for San Bernardino County Sheriff’s Deputy Richard Heverly is Postponed

Sheriff’s deputy accused of death threats, gun charges returns to work

Back in court: Sheriff’s depupty accused of assault, threats while off duty

San Bernardino County Sheriff’s deputy Richard Heverly

The man Heverly allegedly threatened testified for about an hour and a half Tuesday in Palm Springs Superior Court about his encounter last year with Heverly, a La Verne resident.

Roger Ross Gilstrap Jr., 33, testified that Heverly handcuffed him, drove a pistol into his head, and flashed his sheriff’s deputy badge, telling Gilstrap the badge “entitles me to do whatever the (expletive) I want to do.”

On Aug. 10, 2008, Gilstrap said he was working as a tow-truck driver for Blythe Freeway Towing, Inc.

While responding to a call for service, Gilstrap said he saw a smoking big-rig at about 6:15 p.m. on the shoulder of the westbound 10 Freeway about 50 miles east of Indio.

Gilstrap, of Blythe, testified that he maneuvered his truck to block the shoulder and right lane of the two-lane freeway. He testified that he was talking to a California Highway Patrol dispatcher on his cell phone about the burning big-rig.

Heverly’s pickup truck was parked 10 to 15 feet to the left of Gilstrap’s truck, Gilstrap testified.

As Gilstrap remained on the line with CHP and monitored the now-flaming big-rig, he said he noticed Heverly walking towards him, flashing something he couldn’t see clearly and saying something he couldn’t hear.

Gilstrap said Heverly, wearing a white tank-top and shorts, approached and told him to get off the phone. Gilstrap told Heverly he was on the phone with the highway patrol, Gilstrap testified.

Heverly repeated his command, sometimes using profanity, and Gilstrap repeated his response, keeping his cell phone to his ear, Gilstrap testified.

Heverly grabbed Gilstrap’s shirt and tried to pull him out of the truck, but was unsuccessful, Gilstrap testified. He said Heverly went back to his truck and retrieved handcuffs and again demanded that Gilstrap leave his truck.

Either before or after Heverly retrieved the handcuffs - Gilstrap said he couldn’t remember the exact sequence of events - Heverly grabbed Gilstrap’s cell phone and disconnected the call.

Heverly, now holding handcuffs, again demanded that Gilstrap get off his truck. Gilstrap said he again refused, and Heverly returned to his truck and retrieved a handgun from a black bag on his dashboard.

Heverly pointed the gun at Gilstrap and again demanded that he leave the truck. This time Gilstrap complied, he testified.

Heverly grabbed Gilstrap’s right arm and handcuffed his wrist, cutting Gilstrap’s wrist, Gilstrap testified.

“My hand immediately went numb,” he said.

He said Heverly then walked him to the back of his tow truck and brandished his handgun.

“He put his pistol in my ear and started pushing me down over my (truck) bed,” Gilstrap testified.

Heverly forced Gilstrap’s head onto the bed of his truck, Gilstrap testified, and twisted the barrel of the gun into Gilstrap’s head.

“Do you feel that?” Heverly asked, according to Gilstrap’s testimony. “I have a (expletive) gun to your head and I will kill you.”

Shortly after, fire trucks approached the scene of the burning big rig, and when Heverly noticed them coming his demeanor changed, Gilstrap testified.

He walked Gilstrap back to the driver’s side of the tow truck and told Gilstrap he would take the handcuffs off. He asked Gilstrap if he was going to do anything after the handcuffs were removed, Gilstrap testified.

“Not until CHP gets here,” Gilstrap said he responded.

Heverly repeated his question - this time with an angrier, more aggravated tone - and Gilstrap repeated his response, Gilstrap testified.

They repeated the exchange a third time before Heverly took off the handcuffs, Gilstrap testified.

After Gilstrap left the witness stand, three California Highway Patrol officers involved in the investigation of Heverly’s alleged crimes testified.

Officer Brandon Reynolds testified that he arrived at the burning-big-rig scene at about 6:30 p.m., and noticed that Gilstrap’s right wrist - which Heverly handcuffed - was bleeding and swollen.

The officer said that when he recovered Heverly’s gun, it had a full magazine but did not have a bullet in the chamber.

Reynolds testified that he asked Heverly why he handcuffed Gilstrap and held and gun to Gilstrap’s head.

Heverly responded that he felt threatened by Gilstrap when Gilstrap turned toward him. Gilstrap was as big, if not bigger, than Heverly, Heverly said, according to Reynolds’ testimony.

The other two CHP officers who testified Tuesday repeated witnesses’ accounts of the events, and testified about details contained in audio recordings of Gilstrap’s phone calls to CHP dispatchers.

After the hearing, Heverly and his attorney, Michael Schwartz, declined to comment. When asked to elaborate on Heverly’s feelings of being threatened by Gilstrap, Schwartz responded: “You’ll find out at trial.”

He prosecutor, Deputy District Attorney Joanna Daniels, said she didn’t believe Heverly’s statement about Gilstrap being a threat is credible.

Heverly is set to next appear in court on March 3.

Attorney: shooting of victim in Chino “intentional”

An attorney for the family of a Rubidoux man shot to death by a Chino police officer on Sunday night said the shooting was intentional. Mark Algorri, a Pasadena attorney speaking on behalf of the family of Daniel Balandran, anticipates filing a wrongful death claim with the city after his firm’s investigation is complete.

Balandran was a bystander when he was shot and killed by the police officer who apparently thought he was involved in a robbery at the Papa John’s shop at 12615 Central Ave.

“I have been in discussion with the attorney representing the city of Chino and I expect, in this case, that we will expect reasonable cooperation from the city of Chino,” Algorri said.

He said it was too early to respond to questions regarding a settlement with the city.

On Friday, Balandran’s family, still grieving over the loss, stood silently with Algorri at a news conference.

“To them, it will always remain a completely senseless shooting and death and it is something, needless to say, they will never get over,” Algorri said.

As Algorri spoke about the shooting death, an emotional Ariceli Millan, Balandran’s fiancee, held their four-month-old infant Manuel Balandran in her arms while Balandran’s 5-year-old daughter listened.

“This was not a young man caught in a crossfire,” Algorri said. “Daniel was shot intentionally, it turns out, by the Chino Police Department, quite a distance from where the actual robbery was taking place and what we know, and our investigation has just begun, is that he was shot in a face-to-face confrontation.

“He was not given a warning, not told to put his hands up, and not told to lie on the ground. And that is really what we have at this point in time.”

On Sunday night, Balandran went to Chino to visit a local skate park with a friend and later ordered from a McDonald’s drive-through.

Balandran and his friend parked their vehicle to eat, but left after hearing commotion from the robbery, Algorri said.

Balandran was shot just south of the pizza shop, Algorri said.

Chino Valley spokeswoman Michelle Van Der Linden confirmed that the city’s attorney has been in discussions with Algorri’s office, but she could not comment on the accuracy of his descriptions of the incident.

A Chino police officer wounded in the shootout is in stable condition at a hospital, Van Der Linden said.

On Friday, the robbery suspects — Edward Cisneros, 28, of La Mirada, and Joel Anthony Jaquez, 28, of Hacienda Heights — remained hospitalized at Arrowhead Regional Medical Center in Colton.

2009-02-02

(Riverside) Justice for Annette García: Community responds to police murder of activist mother

RIVERSIDE, California - January 29, 2009 The Brown Berets of Aztlán led a march from the César Chávez Community Center at the Bobby Bonds Park to the Riverside Sheriff’s Department, where they held a candlelight vigil and demonstration.

They convoked the assembly to build momentum for the movement for justice for Annette García, a Perris resident, Brown Beret member, and mother of six, who was shot in the back on January 23 by a Riverside sheriff’s deputy.

The Brown Berets were joined by mourners, anti-police brutality activists, community members, and immigrant rights activists, many of also protested today’s simultaneous immigration raids in many communities across the Inland Empire.

See also:

cbs2.com - Brown Berets De Aztlan Hold Protest Over Shooting

Brown Berets de Aztlan are recruiting and forming new chapters

Brown Berets de Aztlan protest the police murder of one of their own

ALIPAC - Brown Berets De Aztlan Hold Protest Over Shooting

(Border Patrol agents were reported to have done sweeps in the cities on Rialto and Fontana, as well as paying visits to the Riverside Home Depot and the San Bernardino Greyhound station. See the calendar for information about tomorrow’s emergency press conference.)

But the focus of the evening fell mainly on Annette García, and the need for organization, unity, and action to prevent such acts of state-perpetuated cruelty.

Organizers asked the nearly fifty people present to return on Saturday at 10:00 am for another, larger march and press conference. “Go back, tell people about it. If you’ve got some websites, jump on the websites. On MySpace, send out your bulletins. Tell ‘em how it was today, tell them what you expect to happen Saturday. We wanna raise hell over there at Bobby Bonds Park before we get here. Then we’re gonna close this place down for several hours.”

The impact of the police presence on the local community was underscored by the nearly constant procession of sad-faced family members, some of whom seemed surprised to see protesters upon arriving at the detention center to attempt to free their loved ones.

After several moving speeches and raucous chants, we were all provided rides back to the Chávez center.

“This is not the first time we’ve marched on Riverside,” said one veterano at the initiation of the march.

Nor will it be the last.

CHP kills three boys, ages 15, 11 and 9, in high speed chase

FONTANA - Three boys fleeing a California Highway Patrol officer were killed late Wednesday when they crashed a car into a brick wall and the vehicle landed in a yard.Two of the boys - the 15-year-old driver and an 11-year-old passenger - died at the scene when they were thrown from the vehicle. A 9-year-old passenger, who was wearing a seatbelt, died at Arrowhead Regional Medical Center.

San Bernardino coroner’s officials identified the driver as Devon R. Keeten and the 9-year-old as Devon’s brother Dylan R. Green, both of Fontana. The 11-year-old remained unidentified.

A California Highway Patrol officer pulled over the 15-year-old boy behind the wheel of a silver Nissan Altima after he ran a red light at 8:55 p.m., said Officer Steven Cuevas. When the officer walked up to the vehicle, the driver sped away.

He led the officer on a short chase, running several red lights and speeding at 90 mph, until he lost control of the car at the corner of Alder and Shamrock avenues and crashed into the wall. The vehicle flipped over the wall and ended up in the front yard of a home.

See also:

Police “High-Speed Chases:” Another Innocent Life Taken

Several people were in the house at the time of the accident but they were not injured, authorities said.

Dolores Pimentel, who was at home with her husband Edward and two young grandchildren, said they were watching television when the vehicle crashed. At first, they thought it was an earthquake.

“It was a horrible accident,” Pimentel said. “We thought the house was falling apart.” She and her husband ran outside and saw a body on their porch. They ran back inside to keep their grandchildren, ages 3 and 1, from seeing it.

Dust filled the house as it continued to crumble. The couple moved their grandchildren to a back room to keep them safe.

It wasn’t until later they discovered that all occupants of the vehicle were also children. Despite their deaths, she was grateful no one was harmed in her house.

“Thank God they were all O.K. inside,” she said.

Since then, the family has not been able to sleep due to emergency and television crews surrounding their home.

Code enforcement personnel arrived at the scene this morning and red-tagged the home, meaning the home has been deemed unsafe.

Devon attended Wayne Ruble Middle School and Dylan attended Juniper Elementary School, both within the Fontana Unified School District, according to Robert Ratcliffe, district police chief.

Ratcliffe said counselors have been sent to both schools to offer grievance counseling to students and staff.

Staff writer Debbie Pfeiffer-Trunnell and the Associated Press contributed to this report.

The US military and its cult of cruelty

In the week that George Bush took to fantasizing that his blood-soaked “war on terror” would lead the 21st century into a “shining age of human liberty” I went through my mail bag to find a frightening letter addressed to me by an American veteran whose son is serving as a lieutenant colonel and medical doctor with US forces in Baghdad. Put simply, my American friend believes the change of military creed under the Bush administration - from that of “soldier” to that of “warrior” - is encouraging American troops to commit atrocities.

From Abu Ghraib to Guantanamo to Bagram, to the battlefields of Iraq and to the “black” prisons of the CIA, humiliation and beatings, rape, anal rape and murder have now become so commonplace that each new outrage is creeping into the inside pages of our newspapers. My reporting notebooks are full of Afghan and Iraqi complaints of torture and beatings from August 2002, and then from 2003 to the present point. How, I keep asking myself, did this happen? Obviously, the trail leads to the top. But where did this cult of cruelty begin?

See also: Iraq to re-open Abu Ghraib prison

So first, here’s the official US Army “Soldier’s Creed“, originally drawn up to prevent anymore Vietnam atrocities:

“I am an American soldier. I am a member of the United States Army - a protector of the greatest nation on earth. Because I am proud of the uniform I wear, I will always act in ways creditable to the military service and the nation that it is sworn to guard … No matter what situation I am in, I will never do anything for pleasure, profit or personal safety, which will disgrace my uniform, my unit or my country. I will use every means I have, even beyond the line of duty, to restrain my Army comrades from actions, disgraceful to themselves and the uniform. I am proud of my country and it’s flag. I will try to make the people of this nation proud of the service I represent for I am an American soldier.”

Now here’s the new version of what is called the “Warrior Ethos“:

“I am an American soldier.
I am a warrior and a member of a team. I serve the people of the Unites States and live the Army values.
I will always place the mission first.
I will never accept defeat.
I will never quit.
I will never leave a fallen comrade.
I am disciplined, physically and mentally tough, trained and proficient in my warrior tasks and drills. I always maintain my arms, my equipment and myself.
I am an expert and I am a professional. I stand ready to deploy, engage and destroy the enemies of the United States of America in close combat. I am a guardian of freedom and the American way of life.
I am an American soldier.”

Like most Europeans - and an awful lot of Americans - I was quite unaware of this ferocious “code” for US armed forces, although it’s not hard to see how it fits in with Bush’s rantings. I’m tempted to point this out in detail, but my American veteran did so with such eloquence in his letter to me that the response should come in his words: “The Warrior Creed,” he wrote, “allows no end to any conflict accept total destruction of the ‘enemy’. It allows no defeat … and does not allow one ever to stop fighting (lending itself to the idea of the ‘long war’). It says nothing about following orders, it says nothing about obeying laws or showing restraint. It says nothing about dishonorable actions …”.

Each day now, I come across new examples of American military cruelty in Iraq and Afghanistan. Here, for example, is Army Specialist Tony Lagouranis, part of an American mobile interrogation team working with US marines, interviewed by Amy Goodman on the American Democracy Now! program describing a 2004 operation in Babel, outside Baghdad: “Every time Force Recon went on a raid, they would bring back prisoners who were bruised, with broken bones, sometimes with burns. They were pretty brutal to these guys. And I would ask the prisoners what happened, how they received these wounds. And they would tell me that it was after their capture, while they were subdued, while they were handcuffed and they were being questioned by the Force Recon Marines … One guy was forced to sit on an exhaust pipe of a Humvee … he had a giant blister, third-degree burns on the back of his leg.”

Lagouranis, whose story is powerfully recalled in Goodman’s new book, Static, reported this brutality to a Marine major and a colonel-lawyer from the US Judge Advocate General’s Office. “But they just wouldn’t listen, you know? They wanted numbers. They wanted numbers of terrorists apprehended … so they could brief that to the general.”

The stories of barbarity grow by the week, sometimes by the day. In Canada, an American military deserter appealed for refugee status and a serving comrade gave evidence that when US forces saw babies lying in the road in Fallujah - outrageously, it appears, insurgents sometimes placed them there to force the Americans to halt and face ambush - they were under orders to drive over the children without stopping.

Which is what happens when you always “place the mission first” when you are going to “destroy” - rather than defeat - your enemies. As my American vet put it: “the activities in American military prisons and the hundreds of reported incidents against civilians in Iraq, Afghanistan and elsewhere are not aberrations - they are part of what the US military, according to the ethos, is intended to be. Many other armies behave in a worse fashion than the US Army. But those armies don’t claim to be the “good guys” … I think we need… a military composed of soldiers, not warriors.”

Winston Churchill understood military honor. “In defeat, defiance,” he advised Britons in the Second World War. “In victory, magnanimity.” Not any more. According to George W. Bush this week “the safety of America depends on the outcome of the battle in the streets of Baghdad” because we are only in the “early hours of this struggle between tyranny and freedom”.

I suppose, in the end, we are supposed to lead the 21st century into a shining age of human liberty in the dungeons of “black” prisons, under the fists of US Marines, on the exhaust pipes of Humvees. We are warriors, we are Samurai. We draw the sword. We will destroy. Which is exactly what Osama bin Laden said.

2009-01-28

Recruiters banned at RIT

ROCHESTER, N.Y.–Members of the Campus Antiwar Network (CAN) at the Rochester Institute of Technology (RIT) are celebrating a significant victory after the director for Campus Life issued the order to stop allowing military recruiters in the Student Alumni Union.

On January 15, CAN members were promoting an upcoming meeting calling for the U.S. to immediately withdraw from Afghanistan when an ally who works at the information desk told us that military recruiters were arriving in half an hour. An emergency message was immediately sent out to CAN members for a counter-recruitment action.

When two members of the National Guard arrived, one of them laid out their tablecloth and the other went to reserve a table. CAN members went over to one of the recruiters and asked him questions about Iraq, Afghanistan and Palestine. The recruiter portrayed the National Guard as “the good guys,” who “help out with Hurricane Katrina and stuff.” He also claimed that the National Guard is not deployed overseas, which is false.

When the other Guardsman returned, he said that they couldn’t have a table because of “something that happened before with the Marines or whatever.”

The recruiters may have been clueless about why they couldn’t have a table, but CAN members were very much aware. On October 24, CAN at RIT held a counter-recruitment action with over two dozen protesters, including members of the Iraq Veterans Against the War. Antiwar protesters chanting prevented recruiters from recruiting, and even talking. We forced them to pack up.

See also:

Army recruiting stand-down ordered after suicides

ACLU files suit to allow counter-recruiting

Feds Act Against Eureka, Arcata Over Voted Measures to Restrict Military Recruiter Access to Minors

“No Child Left Behind “: “Trojan Horse” for Pentagon Recruiters

Pentagon Targets Afro and Hispanic Youth to Fight Its Wars

America’s Child Soldiers: US Military Recruiting Children

New Army Recruiting Tactic: Obama will “Get Us Out of Iraq”

When the National Guard took off this time, our ally from the information desk told us that her supervisor told the National Guard recruiters that they and other branches of the military were not allowed to recruit in the building because the administration didn’t want “another riot.”

They may have been banned from the busiest place on campus, but they will find an alternative location to recruit. CAN has no problem with changing accommodations. We’ll keep fighting.

This victory for the CAN chapter is also one for the student antiwar movement because this is what it means when we say activism matters. Organizing matters. Educating ourselves matters. Protest certainly does matter because it’s the best weapon we have in combating budget cuts, recruiters, war profiteers, discrimination and any struggle that lies ahead.

2009-01-27

Marine sentenced to 6 years in prison for rape

SAN DIEGO — A lance corporal at Marine Corps Air Station Miramar has been sentenced to six years in prison for rape.

Leland Kee pleaded guilty to two counts of rape, one count of breaking and entering and one count of attempting to destroy evidence. He pleaded on Jan. 5 and the Marines announced the sentence Friday.

Court documents show Kee was playing video games with the victim on Nov. 2 in his barracks room. She then returned to her room and fell asleep. Kee admitted sneaking into her room and raping her. The woman called military police to report the attack.

The San Diego Union-Tribune says Kee’s prison term was limited to 40 months because of a pretrial agreement with prosecutors. He will received a dishonorable discharge at the end of his sentence.

2009-01-25

Suit filed in killing by deputy

ADELANTO - The family of a man shot and killed last year by a sheriff’s deputy during a desert struggle filed a $10 million civil lawsuit Friday in U.S. Federal District Court in Riverside.

San Bernardino County sheriff’s Deputy Joseph Janowicz was following up on a theft case Jan. 17 when he drove down Topaz Drive into a rural area. It was there that he found 35-year-old Donald James Hottinger.

Officials say the father of three was “uncooperative,” providing a false name and date of birth. The attorney who filed the lawsuit said Hottinger hadn’t committed a crime and the deputy should not have tried to detain him.

The shooting “was unjustified and they’ve tried to come up with an excuse to explain it,” said attorney Dale K. Galipo. “It adds insult to injury that the Sheriff’s Department tried to fabricate evidence in the way it happened.”

Hottinger grabbed a gasoline can from his truck and doused himself and Janowicz, threatening to light them on fire, officials said.

Then “he grabbed onto the deputy’s arm, got into his car and took off, dragging the deputy with him,” said sheriff’s spokeswoman Cindy Beavers. “At that point, the deputy’s life definitely was in danger.”

Janowicz opened fire, hitting Hottinger. The deputy fell to the ground and the truck continued rolling until it hit a pile of construction debris.

As per procedure, a sheriff’s homicide team investigated the shooting and turned their findings over to the District Attorney’s Office.

Prosecutors have not yet released a report on the incident so the details surrounding the shooting remain unknown.

“We think the evidence will show that he did not run the police officer over nor did he try to set him on fire,” Galipo said.

Hottinger’s family could not be reached for comment Friday. Sheriff’s officials said they cannot comment on lawsuits.

Police “High-Speed Chases:” Another Innocent Life Taken

A 67-year-old San Bernardino woman died early Saturday when a man fleeing police slammed into her car, police said.

Ruby Lene Johnson was driving a 1995 Toyota Camry west on Base Line at about 12:30 a.m. when a speeding 2007 Scion traveling north on Mount Vernon Avenue ran a red light and hit her car, authorities said. She was pronounced dead at the scene, the San Bernardino County coroner’s office said.

Jose Palacios, 20, was arrested on suspicion of vehicular manslaughter, driving under the influence of drugs or alcohol and failing to stop for police. Police said they believe Palacios, whose residence was unknown, was traveling more than 100 mph.

Police were chasing Palacios after another hit-and-run at Foothill Boulevard and Riverside Avenue in Rialto, said police Lt. Gwendolyn Waters.

Victims of that hit-and-run followed Palacios into San Bernardino and flagged down police, who tried to catch up with Palacios near Mount Vernon and Fifth Street, she said. Palacios initially slowed down, then accelerated and attempted to flee, she said.

After the Camry and Scion collided, both vehicles hit two other vehicles in the intersection of Base Line and Mount Vernon before coming to rest about 60 feet north of the intersection, police said. A driver and passenger in one of those other vehicles were injured and taken to Arrowhead Regional Medical Center in Colton.

–David Olson

dolson@PE.com

2009-01-23

Wisconsin takes action to fight domestic abuse among cops

Editor’s note: Recently, a New York City police lieutenant stabbed and shot his wife to death, bringing up the important issue of acknowledging that police officers can be abusers or can be abused by another family member, regardless of age or gender. When Tyler Peterson killed his ex-girlfriend, along with five others, Force Science News consulted 3 prominent authorities on police psychology for their professional insights. Read the article here: Experts look at a young officer’s murderous rampage

MADISON, Wis. — Christmas has twice come and gone since Wayne Coulter last saw Lindsey Stahl alive.

The hurt hangs in his voice as he talks about life without the girl he helped raise since she was a toddler. Words of anger, frustration and sadness come next. They catch in his throat as he tries to rationalize how Lindsey’s life and the lives of five others were taken in Wisconsin’s most extreme, deadly case of officer-involved domestic violence.

Fourteen-year-old Lindsey died on Oct. 7, 2007, in the small, northern Wisconsin town of Crandon. Jarred by the news that his former girlfriend was seeing someone new, 20-year-old Tyler Peterson, an officer employed by the Crandon and Forest County departments, went to the home of his former girlfriend. Upon entering the apartment, he opened fire with an assault rifle on all seven people who were there for a pizza party. A standoff ensued between Peterson and his friends on the force. Peterson eventually killed himself with a pistol.

See related:

Some in Sheriff’s Department are cops gone wild

Ex-SoCal officer pleads guilty in violence case

Ex-deputy admits to sexual misconduct

Former Deputy Gets 16 Months for False Imprisonment (for Sex Crimes) by Fraud or Deceit

Sheriff’s deputy accused of death threats, gun charges returns to work

Riverside County Sheriff’s Deputy Arnulfo Moreno surrenders in attempted murder case

Retired SB Police Det. Blair “Chris” Christopher Hall

Lawsuit expected from woman shot by San Bernardino officer Ryan Thornburg

Riverside County Sheriff’s Deputy Raymond Cesar Vidales suspected of sexually assaulting teen

San Bernardino County sheriff’s deputy Matthew Linderman Sheriff’s Deputy Is A Stalker, Woman Says

Ex-Oklahoma Sheriff Convicted of Rape, Bribery

314 out of 315 ER Doctors Surveyed Agree: Police Brutality is Rampant

Now, the families of three of the six victims and the sole survivor of the shooting have filed a civil suit against the police departments that employed Peterson. The suit charges that the police chief and sheriff knew that Peterson had shown a pattern of domestic violence and abuse of authority but did nothing about it.

Before Forest County denied the initial claim that preceded the lawsuit. County Corporation Counsel Paul Payant told the Associated Press that the Sheriff’s Department had no way of knowing that Peterson was capable of such violence.

Bitter feelings continue to swirl around the community, even toward the families of the victims. Coulter said they have anonymously been receiving “nasty letters saying we should drop the suit, and we should be hanging our heads in shame.

“It’s pretty rough living up here now.”

News of the crime in Crandon rang out far beyond the small town’s borders; even the Los Angeles Times reported on the story. The crime not only received national exposure, but put faces to a grim reality of the law enforcement community, a reality seldom discussed outside internal affairs offices or among officers themselves.

Yet those in the know — the officers, prosecutors and domestic violence advocates — have become increasingly aware of the higher prevalence of domestic violence in the families of law enforcement officers.

The National Center for Women and Policing cites two studies from the mid-1990s that have found at least 40 percent of police officer families experience domestic violence, defined as verbal, psychological or physical abuse, in contrast to 10-20 percent of families in the general population. The studies are well-regarded and often cited by law enforcement and domestic violence advocates locally and nationally.

In the Madison area, Dane County Sheriff Dave Mahoney said two officers had been disciplined internally for domestic violence incidents in the past year, but no criminal charges were brought against them. They are still on the force. Following an open records request, the Madison Police Department reported that one officer has been fired or suspended for domestic violence in the past five years. That was Russell Henderson, who was fired in 2006.

In Wisconsin, nobody is keeping track of the problem. Unless an officer shoots or severely abuses someone, news about an incident will rarely make its way out of internal affairs, and no state agency collects the data.

But state law enforcement officials are concerned about the problem, and this summer, the Law Enforcement Standards Board approved a new policy and 99-page training manual. All new law enforcement recruits will now learn about how officer-involved domestic violence cases should be handled from the moment a call is received, on through how an allegation is vetted and potentially prosecuted in court. Current officers don’t have to take the training, but they can do so by attending a training seminar, one of which was held Tuesday in Green Bay. Another is being held in Oconomowoc on Thursday.

“This is no longer law enforcement’s dirty little secret,” said Michael Serpe, a board member of the Law Enforcement Standards Board since 2003 and the Door County administrator. “The research has been out there for years. Police officers are more inclined than other groups to be involved with domestic violence themselves. It is time to raise the public’s awareness on this issue.”

Reasons for the prevalence of domestic abuse among officers are numerous. Historically, police were reluctant to pursue domestic violence cases, seeing them more as lovers’ quarrels meant for social workers to handle rather than police officers. While this viewpoint has evolved over the years with the criminalization of domestic violence crimes, some officers remain reluctant to crack down on their own. Even the state’s own training manual reads: “Officers’ reluctance to consider officer-involved domestic violence as a crime remains the final obstacle to overcome.”

The reluctance may be a consequence of one of the central tenets of police culture.

“The first rule is a code of silence,” said Diane Wetendorf, an independent consultant on officer-involved domestic violence based in Arlington Heights, Ill. “They don’t rat on each other.”

There is a logical reason for the protective atmosphere. The culture not only builds trust and security among those in a department, but is necessary in a profession that can be extremely stressful and dangerous.

“Not all police officers are abusers. Nobody ever said they were,” said Dottie Davis, a deputy chief of the Fort Wayne, Ind., Police Department and keynote speaker at this week’s training sessions in Wisconsin. “But for those who are, we have to police our own and hold officers to the same standards as the average citizens.”

For those who do turn abusive, combat skills taught at the police academy can be used to grim effect at home.

Prosecutors say former Wausau police officer Chueng Lee used intimidation tactics and expertise he gained from investigating accidents in an attempt to kill his wife in a car crash on Sept. 18, 2007.

On that night, Lee, 47, dropped the speed of his truck down from the posted 55 mph limit to between 25 and 30 mph on a rural country road, Shawano County District Attorney Gregory Parker said in an interview. Lee then turned the car into one of only two concrete bridge abutments in Shawano County. Parker described the concentrated impact to the passenger-side headrest, where Lee’s wife was sitting, as “astounding.”

“He was a cop. He knew what he was doing and he knew how to drive that vehicle,” Parker said. “There were a lot of us — investigators and such — that thought that’s what was going on in relation to how he crashed the vehicle.”

Parker said he had officers within Lee’s jurisdiction set to testify at the jury trial. Had those officers had a chance to take the stand, they would have told of another incident in which Lee followed his wife and repeatedly nudged her car with his vehicle, Parker said.

“Officers had contacted him and told him he needed to cease this type of behavior or he would be charged,” Parker said. Several days later, Lee drove into the bridge.

Before those officers had a chance to testify, Lee accepted a plea deal. When he did, his wife recanted her story. She told the judge she still loved her husband and still wanted to be with him. She said she was joking when officers interviewed her about the incident and told the judge that Lee wasn’t trying to kill her, Parker said.

Despite that, Lee was sentenced to three years in prison followed by two years of extended supervision.

Having a victim recant is always a concern for prosecutors in domestic violence cases, but particularly so in cases involving police officers. A domestic violence conviction is a career killer for them. A misdemeanor or felony conviction means the officer can no longer use or own a firearm. No gun, no job. If money and financial security are issues for the abused, this reality may push a victim toward recanting their story.

“It is great to have a policy, but if the victim will suffer a financial toll, too often the victim is silenced,” said Margie Moore, director of the National Center for Women and Policing. “We really need to look at financial solutions for those who come forward.”

Wetendorf, who has worked with domestic violence victims for nearly 30 years, said the knowledge police officers have of how victims typically seek help also makes coming forward more difficult for victims. The advice she usually gives to victims — call the police, seek assistance at a shelter — doesn’t work. Officers know the locations of domestic abuse shelters. They know if a call is placed to police. If the officer works undercover, they are trained to deceive people, which helps them hide their abuse from others. Then there’s the credibility issue. Wetendorf said officers commonly warn their victims that it will be their word against the word of an officer.

“Domestic abuse is about power and control,” Wetendorf said. “And policing is about gaining and maintaining power and control. The skills that can make a competent police officer can make a dangerous abuser.”

In the early 1980s, Deputy Chief Davis of the Fort Wayne Police Department was in an abusive relationship with her husband. He was also a police officer. The two worked in different departments, which Davis never names in her frequent public lectures on officer-involved domestic violence.

In her case, the verbal and psychological abuse started when he began to tell her she was “wasting a man’s job.”

Tactics he had learned at the academy came next. He would sweep his leg under her to knock her to the floor and then pin her down. The move is used to bring someone under control quickly in the field and to leave no visible signs of injury. The tactics had the same effect on her.

But a female sergeant who worked with Davis recognized signs of domestic abuse. When confronted, Davis denied it. The female officer ordered her into counseling. Meanwhile, her husband was promoted. She stayed with her husband until the abuse turned toward their young daughter. Then she left him.

Because Davis called 911 on several occasions, she knew others were aware of the abuse. She never pressed charges and her ex-husband was never reprimanded or criminally charged. Davis said the police never wrote reports and that the dispatch reports, which at the time were paper cards, were destroyed by fellow officers.

“In other words, it never happened,” Davis said.

She feels safe to talk about her experience now because most of the officers connected to her ex-husband are either dead or retired.

While the incidents occurred some 25 years ago and awareness about domestic violence is greater, a perception in the community persists that law enforcement officers are not held to the same standards as private citizens when it comes to domestic violence. Even Wisconsin’s new training manual on officer-involved domestic violence references the belief, and some recent examples give it credence.

On Dec. 15, 2005, David Riedel, a former Sauk County deputy, attended a party with his girlfriend and other law enforcement officers in Wisconsin Dells. The night turned violent after Riedel’s girlfriend, former Stoughton police officer Sonya Flower, talked with other officers, court records say. After fighting in a hotel room, Riedel tried to leave. To prevent him from driving drunk, Flower laid down behind his truck and he drove over her.

He then shouted: “You crazy f—— b—-, move,” Flower told investigators.

Flower passed out for awhile. She then dragged herself to a nearby hotel where she received help. Her liver was cut and her ribs and arm were bruised.

The next morning, Riedel admitted to officers he had been drinking. According to court documents, he said he didn’t remember running over Flower.

At one point, Riedel faced a felony hit-and-run charge. These days, his record is clean, thanks to Columbia County District Attorney Jane Kohlwey and Riedel’s attorney, Bruce Rosen of Madison.

Rather than potentially stand trial on the charges, Riedel was offered a deferred prosecution agreement. Under Wisconsin law, a deferred prosecution agreement allows a person facing criminal charges to fulfill certain conditions in return for a dismissal of the charges against them. To be eligible, the offender, in this case Riedel, usually does not have a criminal record, must be willing to participate in the agreement and accepts responsibility for the crime.

An investigation by the Baraboo News Republic, a sister publication to The Capital Times, revealed that Kohlwey pledged to destroy documents that detailed what Riedel would do to get the charges against him dismissed. Meanwhile, Flower was kept in the dark.

Last August, the manner in which this case was handled caused the Crime Victims Rights Board, an independent agency with staff support from the Wisconsin Department of Justice, to reprimand Kohlwey for her handling of the case.

With no felony conviction, Riedel could continue to own and operate a gun. The deal saved his career.

In an interview with the News Republic in December, Kohlwey said saving Riedel’s career was not her intent and that entering into the “secret agreement” to keep the conditions of the deferred prosecution agreement confidential was a “serious judgment error.”

While the charges against Riedel still were pending, Hillsboro Police Chief Thomas Richardson needed to fill a part-time spot on his small staff, a staff that included himself, another full-time officer and two part-time officers. Richardson said when he called Riedel’s attorney and authorities in Sauk County, he was told the charges against Riedel were going to be dismissed. With no conviction pending, Richardson said he felt comfortable hiring Riedel as his third part-time officer.

“He is a very good officer, and therefore he is still working here,” Richardson said. “From what I understand, he got messed up with the wrong girl.”

Like Riedel, Henderson — the Madison officer who was fired — also received a deferred prosecution deal. He pleaded guilty to disorderly conduct and making a telephone threat connected to an incident with his stepson and was terminated from the department in 2006, but the charges against him were dismissed after he completed the terms of a deferred prosecution agreement.

Henderson’s domestic violence issues came to light after he allegedly put his wife’s 15-year-old son in a headlock and slammed him into a door in 2004. His wife told officers investigating the incident with her son that she had twice called police to report domestic violence incidents, but when they arrived, she told them that nothing happened because she feared Henderson would lose his job. One incident allegedly occurred Nov. 3, 2003, when Henderson grabbed his wife by the hair and pulled her across the floor. She fell to the floor, then called police. The second incident occurred in May 2002 when Henderson allegedly shoved her to the ground with enough force to bruise her chest.

In Wisconsin Dells, the fallout from Riedel’s night out in Wisconsin Dells a little over three years ago continues.

On Dec. 11, 2008, Flower filed a civil suit in Sauk County against Riedel and several insurance companies. The lawsuit says Riedel caused pain and suffering as well as physical injury to Flower and should have to pay her medical expenses and lost wages.

With the civil suit now pending against Riedel and another one pending in Crandon, some departments are finding it may not be financially worth their while to keep quiet when it comes to officer-involved domestic violence.

The city of Tacoma, Wash., learned this lesson to the tune of a $75 million wrongful death suit when the city’s police chief shot himself and his wife on April 26, 2003. David Brame died instantly. His wife, Crystal Judson Brame, died a week later. The extremely public murder-suicide occurred a day after Tacoma city officials publicly stated they would not investigate Crystal’s claims of domestic abuse. On behalf of the couple’s two young children, Lane Judson, Crystal’s father, filed the suit.

Lane Judson said the secrecy had gone on long enough.

“It was never about the money,” Judson said. “It was meant to get their attention, and it did.”

The suit was settled for $12 million. In addition, the municipalities paid for the construction of the Crystal Judson Family Justice Center.

Lane Judson also pushed for the passage of a law in Washington that requires each police department to have an officer-involved domestic violence policy in place. Washington is the first and only state to have a mandated policy.

Wisconsin’s new policy differs in that departments do not have to adopt it. The number of police departments in Wisconsin that choose to adopt the policy remains to be seen.

On the national level, the Crystal Judson Brame Domestic Violence Protocol Program, an amendment to the federal Violence Against Women Act, provides access to upward of $180 million annually to law enforcement agencies to use in training their officers in the area of domestic violence. After reading Wisconsin’s policy, Lane Judson said Wisconsin was on the right track.

“They are making a heck of a good attempt to get something accomplished,” Judson said. “You can always improve on what you do.”

While some find fault with the policy, saying it doesn’t go far enough to protect the victims and has only been introduced for liability reasons, others see it as a first step toward increasing awareness on the issue.

“Is it the cure-all? No,” said Patti Seger, executive director of the Wisconsin Coalition Against Domestic Violence and a member of the Law Enforcement Standards Board. “But instead of sitting and watching these tragedies happen over and over again, we took action.”

Recent examples of officer-involved domestic violence in Wisconsin

Ten days before Christmas, Thomas Hutchins, an off-duty Milwaukee County sheriff’s deputy, became upset when his girlfriend started disciplining their child. After striking his girlfriend in the face, Hutchins was asked to leave. When he refused, she started to call 911. Hutchins pulled the phone out of the wall, then pointed his handgun at her saying, “You take my job, I’ll take your life,” according to the criminal complaint.

Two shots were fired before his girlfriend ran to a nearby apartment. Hutchins then fired through the door. A 12-year-old girl was shot three times. Hutchins is now charged with first-degree intentional homicide, first-degree reckless injury and reckless use of a firearm. He has resigned from his job.

Robert E. Hietala, 36, a former Sheboygan Falls police sergeant, was off duty on Oct. 2, 2005, when a fight broke out between him and his wife.

Police were called to Hietala’s home after his son called 911 and told a dispatcher that Hietala was threatening his mother with a gun. The argument was about the working hours of Hietala’s wife. Hietala told his wife to leave the home, which she refused to do, police said. The former police sergeant told his wife if she didn’t leave “he would have no choice but to hit her and throw his cell phone at her,” the criminal complaint said.

Hietala resigned from the police department several days after he was charged on Oct. 3 with misdemeanor disorderly conduct/domestic abuse while armed. Hietala’s resignation came in the midst of an internal investigation. He was later found guilty of the crime.

In May 2005, Beloit police officer Sheldon Kroning, 27, was arrested and given a one-day suspension following an incident of domestic-related disorderly conduct.

The verbal fight occurred between Kroning and a live-in girlfriend.

According to court records, Kroning participated in a deferred prosecution agreement and charges against him were dismissed.

Galesville police officer James T. Brudos, 39, was put on administrative leave after he was found trespassing on a former girlfriend’s home in Jackson County. He was found guilty of disorderly conduct on April 16, 2004. Through a plea deal, the Jackson County District Attorney’s Office agreed to dismiss the domestic violence enhancer to the disorderly conduct and bail-jumping charges if Brudos stayed out of trouble for nine months and agreed to meet other conditions. Within a month, Brudos was reinstated to his job in law enforcement.

Creating Prisoners is a Booming Industry in Need of a Bust

In 2008, the United States passed a benchmark previously unheard of. For the first time in the nation’s history, every one in 100 adults was behind bars, making it no question that the USA is number one in the world when it comes to making people prisoners.

Since 1980, the overall prison population has seen a 400 percent surge.

For almost 30 years the people of this nation have watched blindly as state and federal legislatures composed hyperbolic crime-fighting schemes with euphemistic titles like: “tough on crime,” “truth in sentencing,” “three strikes,” or “The War on Drugs.”

We ate up the façade of security while they scaled back the evolution of the American justice system.

There exists, in this country, a prison industrial-complex.

An organized and systematic network of interest groups, lawyers, politicians, prison guard unions and construction companies, who form the cyclic mechanisms which hold the socially destructive machine in place.

They are the profiteers of imprisonment, bound not by the desire to correct or rehabilitate, but by the scent of big business.

See also:

Excellent Article on the Corrupt Prison-Industrial Complex

The Militarization of our Local Police

How you became the enemy

Prisoners In 2007: 1 in 31 American Adults Now in Prison, Jail or on Parole

Democracy’s Ghosts: How 5.3 Million Americans Have Lost The Right To Vote

November Coalition

We sat around and watched as they built them up, one by one. Big concrete blocks built to hold as many human bodies as they could.

In some cases private companies built their for-profit prisons before they had even received a contract from the government.

In one such case in 1997, a company called Corrections Corporation of America (a major contributor to the American Legislative Exchange Council) built a 2,000-bed facility in California at a cost of $80-$100 million with no contract from the California Department of Corrections.

“If we build it, they will come,” said one of the company officials.

They did come, and that is the problem.

The prison industry has seen a massive boom in last few decades, and when the industry that symbolizes crime-fighting sees a boom, we are led to believe that it is crime that suffers.

Politicians gawk at the chance to rubber stamp their name on anything that will equate to positive crime-fighting statistics.

Yet, is it logical to believe that the true path to achieving a society less rampant with crime is to lock up one of every 100 citizens?

The state of California has been a prison playground for this past boom in corrections.

However, with the economy $41 billion in the hole, and prison overcrowding increasing faster than they can build prisons, it is incredibly imperative that action be made to twinge the machine rightward.

Gov. Arnold Schwarzenegger wants to eliminate parole for all offenders not convicted of violent or sex-related crimes, reducing the parole population by about 70,000.

He also wants to divert more petty criminals to county jails and grant early release to more inmates - steps that could trim the prison population by 15,000 over the next 18 months.

These actions may very well represent the light at the end of a tunnel, an indirect chance for Legislature to stop concurring with those out to make money in the “prison business” and a chance to bring the cogs of the complex to a complete stop.

If Schwarzenegger makes these changes then there is hope.

Our fiscal troubles as a state put us in a position to stand up to those lobbying for the imprisonment of more and more Americans in order to tell them that the expense will no longer be paid.

One of 100 is a number that will not be accepted, no one has that many criminals.

SB County violates Brown Act

San Bernardino County is being accused of violating the Brown Act, California’s open-meeting law, as it challenges the state’s medical marijuana user program.

San Bernardino County joined San Diego County three years ago in challenging the program, which requires it to issue medical-marijuana identification cards to patients.

The counties petitioned the U.S. Supreme Court to review the case last week. The courts have so far ruled against them, upholding the medical marijuana law approved by voters in 1996.

The Marijuana Policy Project, a national marijuana policy reform organization, said Wednesday that the San Bernardino County Board of Supervisors has failed to keep the public informed of its decisions to appeal.

See also:

County Asks U.S. Supreme Court To Erase State’s Medical Marijuana Law

Lawsuit filed over refusal to issue medical marijuana card

County no friend to medical pot patients

The group filed a complaint with the district attorney’s office in September after an Aug. 26 meeting where the board discussed the lawsuit in closed session but made no announcement of any action taken.

That same day, a sheriff’s spokeswoman announced that the county was appealing the case to the California Supreme Court.

Aaron Smith, California policy director for the Marijuana Policy Project, said his group has been stymied in its attempts to find out the status of the case.

“They seem to have a certain arrogance where they feel like they can flout any state law, including the open-meeting laws,” he said.

The county counsel’s office was given the authority to pursue the case as far as necessary when the county joined the lawsuit in January 2006, county spokesman David Wert said.

No announcement was necessary at the Aug. 26 meeting because no action was taken, he said.

Terry Franke, general counsel for Californians Aware, an open government advocacy group, said the board must report on any decisions made in closed session about whether to pursue the appeals.

The district attorney’s Public Integrity Unit is reviewing the complaint, said spokeswoman Susan Mickey.

Reach Imran Ghori at 951-368-9558 or ighori@PE.com

Malmstrom airman found guilty of larceny

GREAT FALLS, Mont. — A Malmstrom Air Force Base airman has pleaded guilty in a military court martial to bilking friends out of more than $53,000 and participating in a scam to overcharge the federal government in purchases from a sporting goods store.

Sgt. Jonathan Harpole used the money to pay off gambling debts at local casinos, according to a news release issued by Malmstrom.

Base officials say Harpole pleaded guilty to 19 charges related to larceny and obtaining loans under false pretenses. He was sentenced to 18 months in confinement, given a bad-conduct discharge and his rank was reduced to airman basic.

The Malmstrom release says Harpole got loans from 11 military members by lying about illnesses and financial hardships in his family. He also shared in the money obtained when employees of a sporting goods store overcharged the government for purchases.

2009-01-22

Someone else is spying on YOU. And it isn’t the NSA. Fusion Centers.

JaciCee
Daily Kos
January 22, 2009

Ever hear of a Fusion Center?

They are run by the Department of Homeland Security and are locally based across the country.

A fusion center is an effective and efficient mechanism to exchange information and intelligence, maximize resources, streamline operations, and improve the ability to fight crime and terrorism by merging data from a variety of sources.

At first blush this sounds good. After 9/11 discussions were had about how to streamline communication between local and federal law enforcement agencies.

From the Department of Homeland Security website:

Many states and larger cities have created state and local fusion centers to share information and intelligence within their jurisdictions as well as with the federal government. The Department, through the Office of Intelligence and Analysis, provides personnel with operational and intelligence skills to the fusion centers. This support is tailored to the unique needs of the locality and serves to:

help the classified and unclassified information flow,
provide expertise,
coordinate with local law enforcement and other agencies, and
provide local awareness and access.

But, it is being alleged that something has gone wrong along the way. Fusion centers have now come under the scrutinizing eye of the ACLU, and for good reasons.

Who is spying in your neighborhood?

These centers have been placed in our neighborhoods. Our local fusion center is located on Bataan Boulevard in Santa Fe, New Mexico. You can find the fusion center nearest you by clicking on this interactive map. The ACLU has also set up a site that tracks camera surveillance. Video surveillance is nothing new, but:

Video surveillance is not a new phenomenon, but the amount of attention that the federal government has been paying is. In the past five years, the Department of Homeland Security has awarded $300 million in grants to state and local governments, all in the name of public video surveillance.

From the same article:

Meanwhile, a timely University of California study has found that San Francisco’s $700,000 ‘Crime Camera’ program has had no impact on violent crime since its 2005 installation. The study also states that robberies dropped significantly within each camera’s radius, but notes that this finding is inconclusive.

These two paragraphs beg some further discussion. Is the surveillance arm of the Department of Homeland Security working in conjunction with the fusion center in this California neighborhood? If surveillance cameras aren’t reducing crime significantly, what other purposes are they serving?

From California again:

The Electronic Frontier Foundation and the ACLU of California have filed a federal lawsuit against the FBI and local authorities over the seizure and search of two organizations’ computers, they jointly announced Wednesday.

…

On August 27, 2008, the University of California Police, the Alameda County Sheriff’s Department and the FBI took part in a raid of the Berkeley offices of two politically active groups, Long Haul Infoshop and East Bay Prisoner Support Group (EBPS), seizing every computer in the building, even those behind locked doors, which were opened by force. The raid was conducted despite no allegations of wrongdoing on the part of either organization or any of their members, and the complaint questions the legality of the warrant obtained by authorities.

Why search and seize at the Long Haul Infoshop or the East Bay Prisoner Support Group? Was the FBI working in conjunction with the local fusion center? More questions.

The neighborhood spying isn’t limited to California.

From the Washington Post:

Organizational meetings, public forums, prison vigils, rallies outside the State House in Annapolis and e-mail group lists were infiltrated by police posing as peace activists and death penalty opponents, the records show. The surveillance continued even though the logs contained no reports of illegal activity and consistently indicated that the activists were not planning violent protests.
…
The records show that undercover agents collectively spent 288 hours on surveillance activities over 14 months from March 2005 until May 2006.

The fusion center in New Mexico is known as a "cut and paste" shop. Analysts peruse media, in all forms (print and electronic), clipping information that they feel is "important" or "questionable." It is also alleged that they peruse the internet. It wouldn’t surprise me if they were reading this diary, now.

Their peering eyes are looking into the private sector:

A new institution is emerging in American life: Fusion Centers. These state, local and regional institutions were originally created to improve the sharing of anti-terrorism intelligence among different state, local and federal law enforcement agencies. Though they developed independently and remain quite different from one another, for many the scope of their mission has quickly expanded - with the support and encouragement of the federal government - to cover "all crimes and all hazards." The types of information they seek for analysis has also broadened over time to include not just criminal intelligence, but public and private sector data, and participation in these centers has grown to include not just law enforcement, but other government entities, the military and even select members of the private sector.

Legislation has been drafted, and will be presented to the New Mexico State Legislature, addressing concerns over the fusion center in Santa Fe.

A draft of the ACLU legislation, sponsored by Rep. Antonio "Mo" Maestas, D-Albuquerque, would prohibit a law enforcement agency from collecting, maintaining and sharing "with any other law enforcement agency, information about the political, religious or social associations, views or activities of a person unless" they are suspected of committing a crime.

That is the kicker…they aren’t watching American citizens who are suspected of committing crimes. They are watching whoever they want to.

A quick summary:

But in a democracy, the collection and sharing of intelligence information - especially information about American citizens and other residents - need to be carried out with the utmost care. That is because more and more, the amount of information available on each one of us is enough to assemble a very detailed portrait of our lives. And because security agencies are moving toward using such portraits to profile how "suspicious" we look.

American citizens aren’t being spied on just by the NSA. They are being spied on by the fusion center office around the corner.

Pinal County, AZ, shelves speed-camera program

Pinal County supervisors Wednesday bid goodbye to photo enforcement.

Their vote to terminate their contract with Redflex, the company that operates the cameras, came at the recommendation of the county's top law-enforcement official, new Pinal County Sheriff Paul Babeu.

"I'm against photo speed enforcement completely," Babeu said, walking the three-member panel through a detailed PowerPoint presentation. "Here in Pinal, it's failed miserably."

Babeu said speed cameras created dangerous road conditions and offered little financial benefit for the county. He plans to boost traffic enforcement through additional manpower.

Although Pinal County's contract with Redflex wasn't set to expire until Feb. 20, two mobile speed cameras have not been in operation on Pinal roads since Babeu took office Jan. 1.

The speed vans had been roadside in some of Pinal's most populous areas, including Apache Junction, Gold Canyon and unincorporated areas near Queen Creek, since mid-2007.

The county's program is separate from the one operated by the Arizona Department of Public Safety on freeways statewide.

The supervisors two weeks ago had tabled a vote on the Redflex contract because they wanted Babeu to prepare a report on camera enforcement in Pinal, including the financial impact on the county.

He reported Wednesday that the two cameras were activated 11,416 times from September 2007 through last month. Of those activations, 7,290 resulted in citations, but only 3,711 were paid.

Babeu said most of the total $134,199.43 in fines and fees from the paid citations covered administrative and operational costs, leaving the county with a net profit of $12,391.58 that Babeu dismissed as paltry.

Moreover, Babeu said, total motor-vehicle accidents increased by 16 percent in the same time period, and fatal collisions in the Queen Creek area doubled from three to six.

The sheriff said he couldn't be certain that speed cameras were to blame for the crashes, but he believes they were a factor.

Collisions were said to be the reason Redflex was implemented on county roads. Former Sheriff Chris Vasquez initiated the contract to minimize an increasing number of crashes on Hunt Highway, the main thoroughfare connecting north-central Pinal County with Maricopa County.

Babeu thinks that putting more deputies on patrol offers the best way to improve safety, instead of relying on cameras that "can't catch drunk drivers" or stop motorists involved in illegal or dangerous activities.

The sheriff has increased his traffic-enforcement unit from two to four deputies, and a fifth will join the team soon. Babeu said the changes were made at no county cost as part of a departmentwide reorganization.

Babeu estimated that the volume of citations issued annually by the Sheriff's Office would increase sharply as a result of having more deputies on the streets. He said the five-member team alone could generate 10,400 to 20,800 citations a year.

Supervisor Bryan Martyn, whose district was the primary operating area for the speed vans, said he received a number of letters from residents who favored speed-camera enforcement, but he "doesn't presume to tell the sheriff how to do his job."

"He believes he has a better solution to this public-safety concern," Martyn said. "What he's proposing is prudent and seems to make sense. If it goes as sold, you may be praying for photo radar again."

Babeu may answer those prayers in a different way. He wants to bring red-light cameras to the county.

Speedball Beer Facing Sales Ban

speedball-beer.jpg

HEY! I wanted drugs, not beer…

A beer called Speedball has been criticised amid claims it promotes the drugs mix that killed actors John Belushi and River Phoenix. Speedballing is the name given to combining heroin and cocaine.

A complaint has been upheld against Fraserburgh’s BrewDog under the drinks industry watchdog the Portman Group’s code of practice.

However, a BrewDog spokesman said Speedball was “for those who enjoy a quality beer responsibly”.

David Poley, Portman Group chief executive, said the marketing was grossly irresponsible.

He said: “The blurring of alcohol and illicit drugs fosters unhealthy attitudes to drinking and trivialises drug misuse.

“BrewDog is profiteering from the scourge of illegal drugs, mocking the misery caused by misuse”

But is the beer any good?