Thursday, December 22, 2011
COURT BUDGETS BEING CUT AGAIN......
The Courts have been requested to cut another 10% from their budget. In Los Angeles County nine criminal courtrooms in the CCB are due to be closed in '12. So much for Fast Track & Speedy Trial. . .
Tuesday, December 13, 2011
Suspending habeas corpus and enacting martial law?
Under NDAA Section 1031, permits American citizen imprisonment without evidence or trial. The bill that passed Congress absolutely DOES NOT exempt citizens. The text of Section 1031 reads, "A covered person under this section" includes "any person who has committed a belligerent act". We only have to be ACCUSED, because we don't get a trial.
..
An interesting article that may be worth a read on the subject: Journal Inquirer Archives Chris Powell Suspend habeas corpus and enact martial law?
..
An interesting video on the same subject: Obama Watch Obama strips language shielding Americans from bill
..
4 Retired Four Star USMC Generals say the bill is a bad idea [http://www.nytimes.com/2011/12/13/opinion/guantanamo-forever.html?_r=1&ref=todayspaper]
Why??
(1)The bill would authorize the military to indefinitely detain without charge people suspected of involvement with terrorism, including United States citizens apprehended on American soil. Current law allows the military to detain people caught on the battlefield, but this provision would extend the battlefield to include US soil.
(2) The bill would require military custody for most terrorism suspects. It would force on our military responsibilities they did not seek. With such a move, why would we need the F.B.I. and local law enforcement efforts in domestic counter terrorism, which gives incentives for suspects to cooperate (e.g. better sentencing terms);
(3) Mandatory military custody may eliminate the role of federal courts in terrorism cases, where the convictions have been higher. In federal courts over 400 have been convicted. By using untested military commissions, only 6 people were convicted on terror-related charges;
(4) The bill would further extend a ban on transfers from Guantánamo, ensuring that this morally and financially expensive symbol of detainee abuse will remain open well into the future, which can only bolster Al Qaeda’s recruiting efforts.
..
Blogger Bob's comment: After all these years, why is this now getting traction? It passed the Senate 93-7 !! Is there a threat level are we not being told about ?? Or is this a power grab to create power to punish peaceful opposition. You'd think there would be an effort to allay that concern, yet there seems to be no such effort--could it be precisely what the civil libertarians are saying it is (going to be used for)?
..
An interesting article that may be worth a read on the subject: Journal Inquirer Archives Chris Powell Suspend habeas corpus and enact martial law?
..
An interesting video on the same subject: Obama Watch Obama strips language shielding Americans from bill
..
4 Retired Four Star USMC Generals say the bill is a bad idea [http://www.nytimes.com/2011/12/13/opinion/guantanamo-forever.html?_r=1&ref=todayspaper]
Why??
(1)The bill would authorize the military to indefinitely detain without charge people suspected of involvement with terrorism, including United States citizens apprehended on American soil. Current law allows the military to detain people caught on the battlefield, but this provision would extend the battlefield to include US soil.
(2) The bill would require military custody for most terrorism suspects. It would force on our military responsibilities they did not seek. With such a move, why would we need the F.B.I. and local law enforcement efforts in domestic counter terrorism, which gives incentives for suspects to cooperate (e.g. better sentencing terms);
(3) Mandatory military custody may eliminate the role of federal courts in terrorism cases, where the convictions have been higher. In federal courts over 400 have been convicted. By using untested military commissions, only 6 people were convicted on terror-related charges;
(4) The bill would further extend a ban on transfers from Guantánamo, ensuring that this morally and financially expensive symbol of detainee abuse will remain open well into the future, which can only bolster Al Qaeda’s recruiting efforts.
..
Blogger Bob's comment: After all these years, why is this now getting traction? It passed the Senate 93-7 !! Is there a threat level are we not being told about ?? Or is this a power grab to create power to punish peaceful opposition. You'd think there would be an effort to allay that concern, yet there seems to be no such effort--could it be precisely what the civil libertarians are saying it is (going to be used for)?
JAIL TIME FOR NOT PAYING BILLS..How it can happen.....
....NPR features a news piece that shows how aggressive collectors have become using assignment practices, questionable service and notice procedures [See: http://www.npr.org/2011/12/12/143274773/unpaid-bills-land-some-debtors-behind-bars].
....Although debtors' prisons are illegal across the country, a Wall Street Journal study found that more than a third of all states in the U.S. allow borrowers who can't or won't pay to be jailed — including those states where debtors' prisons are explicitly prohibited by state constitutions.
....A report by the American Civil Liberties Union found that people were imprisoned even when the cost of doing so exceeded the sum total of the debt they owed. In the city of New Orleans, for example, the sheriff pays $22.39 per day for each detainee held in the Orleans Parish Prison. Sean Matthews, a homeless construction worker, was incarcerated for five months for $498 of legal debt in 2009. Matthews' jail time cost the city $3,201.77 — more than six times the amount he owed -- I guess that is one way to justify building or buying more jail space!
....I have personally seen assignments of debt that can't be proven, gutter service and sham prove-up proceedings--which require between first appearance and motion fees and minimum attorney fee time, between $1,500 and $2,000, with little or no recourse except to try and vacate the judgment and set the case, if successful for trial, which involves further time and expense.
....Although debtors' prisons are illegal across the country, a Wall Street Journal study found that more than a third of all states in the U.S. allow borrowers who can't or won't pay to be jailed — including those states where debtors' prisons are explicitly prohibited by state constitutions.
....A report by the American Civil Liberties Union found that people were imprisoned even when the cost of doing so exceeded the sum total of the debt they owed. In the city of New Orleans, for example, the sheriff pays $22.39 per day for each detainee held in the Orleans Parish Prison. Sean Matthews, a homeless construction worker, was incarcerated for five months for $498 of legal debt in 2009. Matthews' jail time cost the city $3,201.77 — more than six times the amount he owed -- I guess that is one way to justify building or buying more jail space!
....I have personally seen assignments of debt that can't be proven, gutter service and sham prove-up proceedings--which require between first appearance and motion fees and minimum attorney fee time, between $1,500 and $2,000, with little or no recourse except to try and vacate the judgment and set the case, if successful for trial, which involves further time and expense.
Wednesday, December 7, 2011
Virginia Court of Appeal Exonerates Man Behind Bars for 4 Rapes he did Not Commit on DNA Evidence
Yesterday, a Virginia appeals court declared Thomas Haynesworth an innocent man Tuesday, clearing his name and acknowledging that he spent 27 years behind bars for rapes he did not commit.
.
The case shows how far Virginia has come in allowing convicts to argue their innocence. Historically, prisoners were barred from introducing new evidence more than three weeks after sentencing, and in the 1990s, then-Attorney General Mary Sue Terry (D) famously said, “Evidence of innocence is irrelevant.”
.
When DNA testing resulted in hundreds of exonerations nationwide, it prompted Virginia lawmakers to open the door for courts to reconsider guilt based first on genetic evidence and later on other evidence, such as recanted testimony, fingerprints or ballistics. Remarkably, after the DNA evidence was presented, Haynesworth's lawyers had to fight off nine months of pleadings from the prosecutors. Nine extra months in prison. That’s Virginia justice?
.
See: http://www.washingtonpost.com/local/thomas-haynesworth-exonerated-in-rape-case-after-27-years-in-prison/2011/12/06/gIQAua5yaO_story.html?tid=pm_pop
.
The case shows how far Virginia has come in allowing convicts to argue their innocence. Historically, prisoners were barred from introducing new evidence more than three weeks after sentencing, and in the 1990s, then-Attorney General Mary Sue Terry (D) famously said, “Evidence of innocence is irrelevant.”
.
When DNA testing resulted in hundreds of exonerations nationwide, it prompted Virginia lawmakers to open the door for courts to reconsider guilt based first on genetic evidence and later on other evidence, such as recanted testimony, fingerprints or ballistics. Remarkably, after the DNA evidence was presented, Haynesworth's lawyers had to fight off nine months of pleadings from the prosecutors. Nine extra months in prison. That’s Virginia justice?
.
See: http://www.washingtonpost.com/local/thomas-haynesworth-exonerated-in-rape-case-after-27-years-in-prison/2011/12/06/gIQAua5yaO_story.html?tid=pm_pop
One Third of Countrywide Loans Were Fraudulent? [CBS Report suggests so...so why no prosecution of loan officers by Mike Ramos or Kamala Harris yet??]
3 years ago our economy almost collapsed due to the mortgage crises created by lenders or professionals involved in the lending process, yet no loan officers, Wall Street execs nor financial firms have been prosecuted federally, per a CBS report that can be viewed at:
.
[http://www.cbsnews.com/video/watch/?id=7390540n&tag=contentMain;cbsCarousel].
.
I see where there is some indication that California's Attorney General Kamala Harris ["California and Nevada join forces in mortgage probe," Alejandro Lazo, Los Angeles Times, Dec. 7, 2011] is joining in an effort being made by the Nevada Attorney General--a positive step.
.
.
[http://www.cbsnews.com/video/watch/?id=7390540n&tag=contentMain;cbsCarousel].
.
I see where there is some indication that California's Attorney General Kamala Harris ["California and Nevada join forces in mortgage probe," Alejandro Lazo, Los Angeles Times, Dec. 7, 2011] is joining in an effort being made by the Nevada Attorney General--a positive step.
.
Friday, December 2, 2011
On Mike Ramos, San Bernardino County District Attorney--is Mike Ramos being Shielded by the California Department of Justice's Kamala Harris??
Go to SBCSentinel@yahoo.com for December 2, 2011 and look at the long article on San Bernardino County District Attorney Mike Ramos--remarkable collection of potential issues with this guy. I am glad someone appears to be keeping tabs.
.
This blogger has always been amazed at how County Supervisor Derry, who made a $5,000 omission in a campaign report, is charged with a felony in a re-election year.
.
District Attorney Mike Ramos does not prosecute (nor does the State Department of Justice), his republican ally First District County Supervisor Brad Mitzelfelt, who was caught misrepresenting the source of significant contributions by the FPPC and only had to submit an amended report,
.
District Attorney Mike Ramos reportedly failed to report a payment (to his wife) of twice the amount Derry get indicted for (in his "700 Form") and suffered no penalty.
.
District Attorney Mike Ramos in the last election cycle where he barely staved off a run off, failed to report credit card payments for campaign purposes in his FPPC report (and even though this is one of many violations, a modest campaign fine was proposed by the FPPC).
.
Biane screws up once and gets hammered, while Ramos & his buds skate it seems.
.
Ramos was some co-chair of one of Arnold Swartzennegger's re-election campaign committees--he ran (and arguably still does run) a political machine with connections all the way to Sacramento (e.g. the FPPC, having a democratic attorney general running for governor attend one of Ramos' fund raisers in a race where a democratic candidate had been endorsed over incumbent district attorney Mike Ramos, the Fair Political Practices Commission and from the San Bernardino Sentinel article, it seems the California Department of Justice--how else could he repeatedly go unprosecuted for failing to go after allies breaking the law??)
.
Does anyone think Postmus was the only power broker?
.
.
This blogger has always been amazed at how County Supervisor Derry, who made a $5,000 omission in a campaign report, is charged with a felony in a re-election year.
.
District Attorney Mike Ramos does not prosecute (nor does the State Department of Justice), his republican ally First District County Supervisor Brad Mitzelfelt, who was caught misrepresenting the source of significant contributions by the FPPC and only had to submit an amended report,
.
District Attorney Mike Ramos reportedly failed to report a payment (to his wife) of twice the amount Derry get indicted for (in his "700 Form") and suffered no penalty.
.
District Attorney Mike Ramos in the last election cycle where he barely staved off a run off, failed to report credit card payments for campaign purposes in his FPPC report (and even though this is one of many violations, a modest campaign fine was proposed by the FPPC).
.
Biane screws up once and gets hammered, while Ramos & his buds skate it seems.
.
Ramos was some co-chair of one of Arnold Swartzennegger's re-election campaign committees--he ran (and arguably still does run) a political machine with connections all the way to Sacramento (e.g. the FPPC, having a democratic attorney general running for governor attend one of Ramos' fund raisers in a race where a democratic candidate had been endorsed over incumbent district attorney Mike Ramos, the Fair Political Practices Commission and from the San Bernardino Sentinel article, it seems the California Department of Justice--how else could he repeatedly go unprosecuted for failing to go after allies breaking the law??)
.
Does anyone think Postmus was the only power broker?
.
Subscribe to:
Posts (Atom)