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Friday, November 30, 2018

Youth Football: A Contact Sport For Adults

Wickenburg, Arizona

     On Saturday afternoon on September 29, 2012, in the northern Arizona town of Wickenburg, the Wickenburg Wranglers were playing the Prescott Valley Panthers in a Northern Arizona Youth Football League game. (Players in youth football are in sixth, seventh, and eighth grades.)

     A man and a woman who were Wickenburg parents, approached a Prescott Valley father who was videotaping the game, and told him he couldn't do that. When the video-taper asked why, the opposing male parent said, "If you don't pack up [the camera] I'm going to pack up for you."

     To this, the man with the camera replied, "Don't touch me, bro." (I guess some people really talk this way.)

     When the Wrangler fan hit the Panther guy in the arm twice, the video-man socked him in the jaw. At this point, the attention shifted from the kids and their football game to the adults on the sideline. (After all, isn't this what organized sports for kids is really all about--the adults?)

     A woman watching the game tried to break-up the fight between the video-taper and the arm-puncher. (The police haven't released the names of these people.) Davis Coughanour, an off-duty Department of Public Safety officer, presumably a Wrangler parent and probably an ex-high school football player, tackled the video-man, then got into a scuffle with the woman who had tried to break-up the fight in the first place. (She claimed that Coughanour never identified himself as a police officer.)

     During this Saturday afternoon youth football melee in northern Arizona, four children were struck by adults. Another off-duty cop tossed a boy to the ground so hard they rushed him to the hospital in an ambulance. The nature and seriousness of the boy's injuries were not reported.

     A spokesperson for the Arizona Department of Public Safety told reporters his agency was not investigating the brawl. Moreover, Officer Coughanour was not disciplined for his role in the youth league disturbance.

     Nine adults with the Prescott Valley Youth Football and Cheer Association were suspended from the organization. No criminal charges were filed against any of the sideline brawlers. Fortunately for people like this, it is not a crime to be a flaming jerk. There is a help group for people like this--AA--Assholes Anonymous.

Sacramento, California

     On Saturday, October 6, 2012, at the Grant High School football stadium in Sacramento, the San Francisco Junior 49'ers were playing the Grant Chargers Junior Midgets (I thought we weren't supposed to use that word) in a NorCal Youth Football League game. (Grant Chargers Junior Midgets--try using that in a cheer.)

     Either during or just after the game, the opposing coaches exchanged angry words. But it didn't stop there. The 49'ers' coach bull-rushed the Chargers' coach, and in the process, knocked down several people standing on the sideline. When the charging coach reached the Chargers coach, he tackled him to the ground. With some of the kids looking on, and others hustling to get out of the way, the two beefy, gone-to-seed, ex-jocks rolled around on the ground throwing punches. After a few moments, other ex-football players pulled them apart, ending this embarrassing display of adult adolescence.

     No one was seriously injured in the fight, and no criminal charges were filed. The raging bull who lost control of himself was suspended from the league, but I'm sure he'll be back. These guys never go away. A parent at the game caught the youth league disturbance on video that she posted on YouTube the next day for all the world to see.           

Wednesday, November 28, 2018

Eat Your Heart Out, Mike Tyson

Authorities say a Rochester, New York man bit off part of his brother's ear after they began fighting during a Super Bowl party….Police say 27-year-old Sean Fallon-Nebbia was hosting the party on Sunday, February 2, 2014 at his apartment. A roommate told police the brothers had been drinking before they started roughhousing after the game, and the tussle turned violent. Police say Fallon-Nebbia bit off part of 26-year-old Frank Fallon-Nebbia's right ear and punched him several times in the face, knocking him out….The older brother is being held in Monroe County Jail on $15,000 bail after pleading not guilty to first-degree assault, a felony….

"Cops: NY Man Bites Brother's Ear Off During Party," Associated Press, February 4, 2014 

Tuesday, November 27, 2018

An Bad Way to Avoid a Speeding Ticket

Authorities say a New Mexico woman called in a fake report of a gunman near a convenience store in an effort to avoid a traffic ticket. Roswell police say 22-year-old Savana Jimenez called 911 on Sunday morning, January 26, 2014 hoping the officer who pulled her and her friends over would get dispatched to the fake crime she reported. Authorities say Jimenez called 911 while the officer was checking her driver's information. She later admitted making up the story. Jimenez was arrested and charged with obstruction of justice.

"Police: New Mexico Woman Placed Fake 911 Call to Get Out of Traffic Stop," Fox News, January 28, 2014 

Saturday, November 24, 2018

Catching Drivers on Pot

     Researchers at Washington State University are working on a breath test to determine if a driver is under the influence of marijuana…Law enforcement officers have a test for alcohol, but they don't have a tool to test for marijuana impairment. Right now, officers use blood tests to determine if THC is present in a driver's blood.

     But WSU chemistry professor Herbert Hill said existing technologies like those used by airport security agents to detect drugs and explosives can be altered to test breath for THC. Hill said he hopes to start testing on humans in early 2015. The Washington State Patrol says it welcomes anything that gets impaired drivers off the road. [One might argue that a little pot might lower blood pressure and reduce road rage in America's big city traffic hell. Just kidding, I think.]

"Researchers Developing Pot Breath Test," Associated Press, November 29, 2014 

Tuesday, November 20, 2018

The Biographic Hatchet Job

Almost every eminent person leaves behind an abundance of personal data which skillfully manipulated can prove him to have been a fool or a knave. Innocuous personal details and casual episodes, if sufficiently emphasized, described with archness and placed in misleading context, can be as damaging in their effect as plain evidence of dim intellect or villainy.

Richard D. Aftick

Monday, November 19, 2018

Flying Drones into Prison

     On January 20, 2015 a judge in South Carolina sentenced Brandon Lee Doyle to fifteen years for trying  to fly contraband over the fence at the Lee Correctional Institution in Bishopville. In April 2014, officials found a crashed drone in the bushes outside the prison fence. Officers also discovered items inmates are not allowed to have such as phones, tobacco products, marijuana and synthetic marijuana.

     The drone never made it over the 12-foot-high razor-ribbon fence. Corrections officials believe this was the first known attempt to use a drone to smuggle contraband into a South Carolina prison.

"15 Years For The Man Who Tried to Fly a Drone Into Prison," Associated Press, January 20, 2015 

Sunday, November 18, 2018

No Presumption of Innocence For John and Patsy Ramsey

     I've [John Ramsey] concluded that three primary factors led to the quick presumption of our guilt when, in fact, the police have never officially labeled either of us as suspects. First, of course, is the police themselves. The difficulties created by an inexperienced police force operating on hunches rather than evidence--and talking freely about those hunches with the media--started the avalanche. Second, the infotainment media were eager for a juicy soap opera-style story, since the O.J. Simpson trial had just ended, and they had lots of talking heads sitting idly by and lots of tabloid talk shows to fill with gossip. I was even less prepared for the third factor resulting in the loss of our presumption of innocence, and that was the new world-class gossip machine: the internet. 

John and Patsy Ramsey, The Death of Innocence. 2000

Tuesday, November 13, 2018

Constables Shoot Unarmed Man Over Parking Tickets

     Things turned ugly on July 17, 2014 when two Pennsylvania state constables attempted to serve a man with a warrant because he had accumulated 31 unpaid parking tickets. The two officers approached Kevin McCullers in the garage at his residence in a suburb of Allentown at 7:30 in the morning. McCuller's girlfriend, Hafeezah Muhammad said McCullers was in the car about to leave for Dunkin' Donuts.

     The constables positioned themselves on both sides of McCullers' car. One of them told him to turn off the car, and he did. There was a short conversation. Then, according to Lehigh County district attorney James Martin, one of the constables opened the driver's side door of the vehicle.

     McCullers responded by restarting the car. He began backing out of his garage with the car door ajar. That's when the constables drew their guns and fired. One constable shot the 38-year-old in the back. The other officer shot out the vehicle's left front tire.

     One of the constables told the district attorney he and his partner pulled their guns and fired because they felt threatened while standing in the garage as McCullers tried to back out. McCullers was unarmed.

     McCullers' girlfriend said the constables could have walked up to the front door of their house to serve the warrant. "They never knocked on the door! No nothing," she told a local TV reporter. "I just heard the gunshots. He pulled the car out of the garage and all I heard were gunshots."…

     Muhammad said McCullers may never walk again. "For parking tickets," she said. "It's insane."

     The district attorney expressed concern about the fact a constable--an elected state official--shot a man and possibly left him paralyzed over unpaid parking tickets…The prosecutor said the office of constable--a Pennsylvania oddity--is troubling because people who hold the job are poorly prepared and largely unaccountable. "Although they receive training, they really operate under no one's direct supervision," he said. The district attorney said the shooting would have been avoided had McCullers entered into a payment plan to pay the money he owed.

     [For years law enforcement leaders and lawmakers in Pennsylvania have tried to abolish the position of constable. This is not the first incident of excessive force on the part of one of these officers. And it won't be the last.] 

Sunday, November 11, 2018

Free Speech Versus the Crime of Desecrating a Venerated Object

     Authorities in Bedford County, Pennsylvania must not prosecute a teenager for the criminal offense of desecration of a venerated object even though he simulated a sex act with a statute of Jesus, Americans United for Separation of Church and State says. In a letter sent on September 22, 2014 to Bedford County District Attorney William Higgins, Americans United says that prosecuting a teenager solely because of the message conveyed by his actions violates the rights of free speech and the separation of church and state, both of which are protected by the First Amendment.

     "While I don't condone the sort of behavior in which this teen engaged, he didn't do anything that should be considered illegal," said the Rev. Barry W. Lynn, Americans United's executive director. "Just because a religious group might find a particular action to be offensive is not a justification for jail time."

     The controversy began when a 14-year-old boy in Everett, Pennsylvania posted on Facebook a photograph of himself simulating a sex act with a statue of Jesus. The statue sits on private property in front of an organization called Love in the Name of Christ, and the photo leaves no doubt that the boy climbed on the statue and engaged in behavior many would consider offensive.

     The boy faces up to two years in a juvenile facility under a 1972 state law that makes "desecration, theft, or sale of a venerated object" a second-degree misdemeanor. An act constitutes desecration if it "will outrange the sensibilities of persons likely to observe or discover the action." He does not currently face charges of trespassing or destruction of property.

     Americans United's letter notes that the motivation for prosecution of the teen seems rooted in religious belief with intent to protect Christians who may have been offended by the photograph. Recent news reports quoted District Attorney Higgins as saying: "This troubled young man offended the sensibilities and morals of our community" and that if the prosecution "tends to upset the 'anti-Christian, ban-school-prayer, war-on-Christmas, oppose-the-display-of-Ten Commandments' crowd, I make no apologies."…

"Law Regarding 'Desecration of a Venerated Object' Conflict Conflicts With First Amendment, Church-State Watchdog Says," au.org.media/press-releases, September 22, 2014 

Friday, November 9, 2018

Thornton P. Knowles On The Perfect Crime

In Oxford, England sometime in the 1950s, a unpopular professor named Dr. Regis C. Hogg assigned a class of psychology students to come up with a plan for the perfect crime. Three days later, Professor Hogg didn't show up for class. A year later the local police were still looking for him. He had simply vanished, and to this day [1975] remains missing. Perhaps someone in that class deserved but never received an A for that assignment.

Thornton P. Knowles

Tuesday, November 6, 2018

Criminal Justice in an Aging Society

     It's become common knowledge that elderly people are prolific shoplifters. But it's still surprising when an old person commits a serious crime such as assault or criminal homicide. In recent years, due to mental illness and dementia, dozens of eighty and ninety-year-olds have been shot to death by the police. While these police-involved shootings were found to be justified, many of the fatal shootings were the result of the modern era's hair-trigger, militaristic form of policing. While perhaps legally justified, many of these deadly encounters were arguably unnecessary. But in a zero-tolerant police culture, age and dementia are no longer factors in the shoot-don't shoot equation. Gender doesn't figure in either.

Pearlie Golden

     Pearlie Golden, a 93-year-old resident of Hearne, Texas, a town of 4,500 in the east-central part of the state, didn't like it when the Texas Department of Public Safety declined to renew her driver's license on Tuesday May 6, 2014. Back at her house after failing the test, Pearlie, an African-American known in the community as "Miss Sulie," got into an argument with her nephew, Roy Jones. She demanded that he return the keys to her car. He refused. She got up from her chair on the front porch and entered the house. When she returned, she had a .38-caliber revolver in her hand. Roy Jones ran into the house and called 911.

     Officer Stephen Stem with the Hearne Police Department responded to the 911 call. In 2012, officer Stem had shot a man to death in the line of duty. He was cleared of wrongdoing in that case by a local grand jury and remained on the force.

    Officer Stem, in responding to the call at the old woman's house, shot Pearlie Golden three times. She died shortly thereafter at a nearby hospital. In justifying the deadly use of force on a 93-year-old woman, a police spokesperson said the deceased had "brandished a gun."(According to the Associated Press, Golden, prior to being shot by officer Stem, had actually fired her gun. It is not clear if she took aim at the officer. If she had fired at officer Stem, or at anyone else in his presence, this use of deadly force was clearly justified. If she shot into the air, or the gun discharged accidentally, the issue will be more complicated.) The official spokesperson said, "The officer asked her to put the handgun down, and when she would not, shots were fired." According to the spokesperson, officer Stem ordered her to drop the weapon three times.

     Many citizens of Hearne, outraged by the shooting, protested outside the police department. Ruben Gomez, the town's mayor, said he would recommend that officer Stem be fired from the department. On Saturday, May 10, the city council voted 6-0 to discharge officer Stem. To determine if the officer had committed a form of criminal homicide, the shooting was under investigation by the Texas Ranger's Office.

     On September 10, 2014, a local grand jury declined to indict the former police officer.

     Stephen Stem filed a wrongful termination lawsuit against the Hearne city council. On February 10, 2015, a federal judge dismissed the case.

Leo Sharp

     In 2014, Leo Sharp, a 90-yar-old decorated World War II veteran, resided in Michigan City, Indiana, a town of 30,000 fifty miles east of Chicago. In the fall of 2013, a federal prosecutor charged Sharp and eighteen others in connection with their involvement with a Mexican drug cartel. Mr. Sharp confessed to hauling more than a ton of cocaine into the U.S. from Mexico. He had earned, during his tenure as a drug courier, more than $1 million. (In 2011, police stopped Sharp on a traffic violation on Interstate 94 west of Detroit. The arresting officer recovered a large quantity of cocaine.)

     On May 7, 2014, following his guilty plea, Leo Sharp appeared before a federal judge in Detroit for his sentencing. Sharp's attorney, in arguing for leniency, focused on his client's past, particularly his being awarded the Bronze Star for  his combat in the Battle of Mount Battaglia in Italy. Attorney Darryl Goldberg also informed the court that Mr. Sharp's dementia would place a burden on federal prison personnel.

      When it came time for the defendant to speak, Mr. Sharp, dressed in a suit and tie, said he wanted to spend his few remaining years in Hawaii growing papayas on land he owned in that state. (He had probably purchased the property with his drug income.) "All I can tell you, your honor, is I'm really heartbroken I did what I did. But it's done."

     U.S. District Court Judge Nancy Edmunds sentenced Leo Sharp to three years in prison, and fined him $500,000. The judge said, "I don't doubt that prison will be difficult for you, but respect for the law requires there be some custody in this case." In all probability, this judge sentenced the old man to life behind bars.
   
      

Sunday, November 4, 2018

The Militarization of American Law Enforcement

     About half of the nation's SWAT officers are trained by active-duty commandos from Navy Seal and Army Ranger units. Police officers with special operation backgrounds in the military train the rest. When fully outfitted in Kevlar helmets, goggles, "ninja" style hoods, combat boots, body armor, and black or camouflage fatigues, and carrying fully automatic rifles and machine guns, these police officers not only look like military troops geared up for battle, they feel that way.

     These elite paramilitary teams--composed of commanders, tactical team leaders, scouts, rearguards, snipers, flashbang grenade officers, and paramedics--are organized like combat units and are just as lethal. But unlike troops in battle, SWAT police don't encounter mortar fire, granade-propelled rockets, homemade bombs, land mines, and highly trained enemy soldiers.

     A vast majority of SWAT raids, conducted after midnight, are targeted against private homes inhabited by unarmed people who are either asleep or watching television. When a SWAT team encounters resistance, it's usually from a family dog who often gets shot. Given the hair-trigger intensity of these drug operations, unarmed civilians who move furtively or are slow to comply with orders get manhandled and sometimes fired at.

     In a landmark study of police paramilitary units published in February 1997, Eastern Kentucky University professors Peter B. Kraska and Victor Kappeler found that by 1990 every state police agency and half the country's sheriff's officers (about 1,500 agencies) had SWAT units. Thirty-eight percent of the nation's police departments were also SWAT team-ready. Five years later, in cities with populations more than 50,000--about 700 municipalities--90 percent of the police departments were deploying SWAT teams.

     At the dawn of the 21st century, according to Kraska and Kappeler, federal, state, and local police were making 50,000 SWAT raids a year. Twenty-five years earlier, there were 3,000 SWAT call-outs annually. According to the best estimates of experts in the field--counting federal, regional, state, county, and municipal law enforcement agencies--there are now at least 3,500 paramilitary police units operating throughout the country.

     The 1,300 percent jump in SWAT team deployments in less than twenty years does not reflect a concomitant increase in armed hostage taking, sniper cases, or other high-risk incidents requiring heavily armed, combat-trained SWAT teams.

     Since the mid-1990s, the country's largest police agencies have used armored personnel carriers--APCs--to patrol high-crime districts, transport SWAT officers, and function as drug raid-site operations centers. In recent years, medium-and small-sized law enforcement agencies have been acquiring these military transporters. Although they come in various sizes and designs, APCs are full-tracked, armored, amphibious vehicles capable of traveling over rough terrain at relatively high speeds. Many are equipped with high-caliber, fully automatic turret weapons.

     In the summer of 2013, under a national military surplus give-away program, the Department of Defense gave Mine-Resistant Ambush-Protected combat vehicles--MRAPs--to 165 police agencies. The 18-ton fighting vehicles built at the height of the Iraq war, cost the military $500,000 apiece.

     These military behemoths, too big for many bridges and roads, come equipped with bullet-proof glass and machine gun turrets. A MRAP can carry six officers and travel up to 65 miles per hour. Because these huge machines only get five miles per gallon, fuel costs are high. Moreover, each recipient of one of these combat vehicles will spend $70,000 to retrofit the MRAP for civilian use.

     And how will law enforcement agencies use these Army surplus MRAPs? At Ohio State University, campus police are using their MRAP to show force at home football games. (No kidding.) In Boise, Idaho, hardly a place of high crime and civil unrest, the police department uses its MRAP to serve arrest and search warrants.

     A reporter asked one law enforcement administrator if the police department had a use for the mounted machine gun. The chief of police assured the reporter that the department had no plans to remove the machine gun turret. "The whole idea," he said, "is to protect the occupants of the vehicle But from what? The officers are inside a bullet-proof vehicle that can withstand a land mine.

     These military surplus vehicles, designed for war, are intimidating and out of place in a civilian setting. The fact that so many police agencies possess them is one sign of how inappropriately militarized American law enforcement has become.

The Murder Trial as High Drama

For sheer human interest, the ability to catch public attention and cleave to it from start to finish, nothing else in real life equals a good murder trial. A prominent victim, or, even better, a prominent defendant; a bit of mystery surrounding the facts of the case; two camps of  high-powered attorneys facing each other across the courtroom; a cluster of witnesses, each contributing a few tantalizing facts to a tale of human fallibility; a bevy of expert witnesses to explain the unexplainable; a man's or woman's life or freedom hanging in the balance--these are the makings of high drama.

Michael Kurland, How to Try a Murder, 1997

Friday, November 2, 2018

Goddard College Students Chose Cop Killer as Commencement Speaker

     Goddard College's selection of convicted cop killer Mumia Abu-Jamal as a commencement speaker is a "despicable" decision that should be reversed, his victim's widow told reporters with Fox News. Maureen Faulkner, whose husband Daniel was gunned down by Abu-Jamal in 1981, was shocked to learn of the selection by undergraduate students at tiny Goddard College in Plainfield, Vermont. Abu-Jamal, who will not attend the event and whose speech will be pre-recorded, received a bachelor of arts degree from the 245-student liberal arts college in 1996 through a correspondence program…

     Abu-Jamal, born Wesley Cook, was sentenced to death following a high-profile trial in Philadelphia. His sentence was later reduced to life in prison without parole for killing Faulkner, a 25-year-old patrolman who scuffled with Abu-Jamal's brother during an early morning traffic stop. Abu-Jamal, a member of the Black Panther Party, was wounded by a round from Faulkner's gun and a .38-caliber revolver registered to Abu-Jamal was found at the scene with five spent shell casings…

     The October 7, 2014 commencement event will mark the third time Abu-Jamal, 60, has given commencement speeches at colleges. He spoke [by recording] at Evergreen State College in Washington and Antioch College in Ohio. Both of these events prompted widespread protests on behalf of law enforcement officers and Faulkner's relatives…

     A spokesperson for the Vermont State Police condemned Goddard College's decision, saying its students and teachers are showing "blatant indifference" toward law enforcement. [A better explanation: these teachers and students are ivory tower idiots.]