The FBI's front and center problems:
Washington Post piece on FBI evidence handling: http://www.nytimes.com/2014/12/20/us/politics/fbi-evidence-keeping-criticized.html?_r=0
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Washington Post piece on unwound convictions from agent mishandling of evidence: http://www.washingtonpost.com/local/crime/fbi-agent-in-misconduct-case-may-have-tampered-with-drugs-guns-documents-say/2014/11/05/b77fd50e-6440-11e4-bb14-4cfea1e742d5_story.html
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60 minutes did a Report on this very topic some years ago.
http://www.abajournal.com/magazine/article/crime_labs_under_the_microscope_after_a_string_of_shoddy_suspect_and_fraudu/
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IG Report on Crime Lab Abuse: https://www.youtube.com/watch?v=gwBaEvXpTw0
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Sentinel software [a Lockheed Martin company]problems at the FBI: http://www.nytimes.com/2010/03/19/us/19fbi.html
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Federal Bureau of Investigation’s Standards and Guidelines: Recommendations & Guidelines for the Use of Digital Image Processing in the Criminal Justice System [Scientific Working Group on Imaging Technologies (SWGIT) Version 1.2, June 2002 http://www.fbi.gov/about-us/lab/forensic-science-communications/fsc/jan2003/index.htm/swgitdigital.htm]
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Windows(c) XP still used by law enforcement, despite:
PoliticoPro article “Microsoft XP’s Massive Cybersecurity Problem”by Shaun Waterman http://www.politico.com/story/2014/04/microsoft-xp-cybersecurity-problem-105451.html]
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Microsoft Support Document for Windows XP [http://support.microsoft.com/kb/324720]
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Microsoft’s Support Document MS03-024 entitled “Buffer Overrun in Windows could
lead to data corruption” [http://support.microsoft.com/kb/817606]
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Data Integrity Problems being researched:
.
Authentication of Digital Video Evidence” by Nicholas, et al [internet posted study] alwww.jhuapl.edu/ott/technologies/featuredtech/DVA/DVA.pdf]
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“Evaluating Software Degradation through Entropy” by Alessandro Bianchi,
at al [Dipartimento di Informatica – Università di Bari Via Orabona, 4, 70126
Bari – Italy [http://www.di.uniba.it/~lanubile/papers/metrics2001b.pdf]
{Bianchi, Caivano, Lanubile, Visaggio}@di.uniba.it
“Digital Tape Preservation Strategy: Preserving Data or Video?” by David Rice etal
(Dec 2, 2009)[http://www.avpreserve.com/dvanalyzer/dv-preservation-data-or-video]
Tuesday, December 23, 2014
Monday, November 24, 2014
Groundbreaking Study Documents How Courts Are Impeding Fair Disclosure in Criminal Cases [like this is a big surprise in San Beat&Hangem County]
From a press release from nacdl.org via mailmanager.net
On November 17, at the National Press Club in Washington, DC, NACDL officially released its latest report, Material Indifference: How Courts Are Impeding Fair Disclosure in Criminal Cases, a major study produced jointly with the VERITAS Initiative at Santa Clara Law School. The event featured comments by NACDL President Theodore Simon, NACDL Executive Director Norman L. Reimer (who also moderated the event), and special guests David W. Ogden, former Deputy Attorney General who is now a partner at the WilmerHale firm, and the Hon. Alex Kozinski, Chief Judge of the Ninth Circuit Court of Appeals. The report's co-authors – VERITAS Initiative Director and Professor Kathleen "Cookie" Ridolfi, NACDL White Collar Crime Policy Counsel Tiffany M. Joslyn, and VERITAS Initiative Pro Bono Research Attorney Todd H. Fries – also discussed their findings and recommendations. The event was broadcast live by C-SPAN and video is now available on demand.
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In courtrooms across the nation, accused persons are convicted without ever having seen information that was favorable to their defense. The frequency with which this occurs and the role it plays in wrongful convictions prompted NACDL and the VERITAS Initiative to undertake an unprecedented study of Brady claims litigated in federal courts over a five-year period. The study asked: What role does judicial review play in the disclosure of favorable information to accused? The results revealed a troubling answer – the judiciary is impeding fair disclosure in criminal cases and, in doing so, encouraging prosecutors to disclose as little favorable information as possible. The report exposes in stark detail the depth and breadth of the problem and offers three reform proposals that would serve as mechanisms for increasing fair disclosure in criminal cases.
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Following the report’s release, U.S. Senator Lisa Murkowski (R-AK) announced plans to re-introduce the bipartisan Fairness in Disclosure of Evidence Act and affirmed the need for reform: “We can no longer allow the government to have a finger on the scales of justice, tipping it in its favor.”
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Complete copies of the report, executive summary, and fact sheet are available at www.nacdl.org/discoveryreform/
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Who is policing this?
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www.nacdl.org/discoveryreform/
Friday, November 21, 2014
District Attorney Mike Ramos is trying to create a 3rd Assistant DA slot for his girlfriend- time for some more whistle blowing and maybe a discriminatory promotion complaint??
See for breaking story: http://sbsentinel.com/wp-content/uploads/2014/11/Sentinel-11-14-141.pdf-
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Bob's 2 cents worth?
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The total culture of fear and domination created by this DA has been emboldened by support from the recently re-elected Kamala Harris to State Attorney General, despite Ramo's record of retaliatory firings & prosecutions, sexually-influenced promotional decision-making, harassment and over-reaching. Kamala Harris will either wake up and realize that Ramos is someone she should be looking professionally at or go down with him in the public eye.
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The real crime is not in the selection of a pillow talk buddy for a newer and better paying job, but in victims' failure to file appropriate charges with governmental agencies for the preferential hired BASED upon sex and or age. How many qualified men and women have to be offended and economically damaged by this before someone takes the step to make formal complaints.
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Heh, living in unsubsidized world of private practice ain't so bad. At least you will be doing something that is righteous (for yourselves).
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Bob's 2 cents worth?
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The total culture of fear and domination created by this DA has been emboldened by support from the recently re-elected Kamala Harris to State Attorney General, despite Ramo's record of retaliatory firings & prosecutions, sexually-influenced promotional decision-making, harassment and over-reaching. Kamala Harris will either wake up and realize that Ramos is someone she should be looking professionally at or go down with him in the public eye.
.
The real crime is not in the selection of a pillow talk buddy for a newer and better paying job, but in victims' failure to file appropriate charges with governmental agencies for the preferential hired BASED upon sex and or age. How many qualified men and women have to be offended and economically damaged by this before someone takes the step to make formal complaints.
.
Heh, living in unsubsidized world of private practice ain't so bad. At least you will be doing something that is righteous (for yourselves).
Thursday, January 23, 2014
HIGHLAND: Family of teen shot by deputy disputes Sheriff’s Department account (UPDATE)
HIGHLAND: Family of teen shot by deputy disputes Sheriff’s Department account (UPDATE).
This is a Sheriff's Department in need of some new leadership and focus not so much because of this one incident, but because of so many others. If this is another example of the cowboy mentality of shoot first and ask questions later, this is tragic for sure. What is fairly well known but not talked about, is the stress level of uniforms is far too high and may be a contributing factor to use of lethal force where there are alternatives. While internal affairs will do their thing to make the call on the shooting, the real need is to find ways to reach out to stressed out officers and give them the help they need without condemnation or being marked as weak.
This is a Sheriff's Department in need of some new leadership and focus not so much because of this one incident, but because of so many others. If this is another example of the cowboy mentality of shoot first and ask questions later, this is tragic for sure. What is fairly well known but not talked about, is the stress level of uniforms is far too high and may be a contributing factor to use of lethal force where there are alternatives. While internal affairs will do their thing to make the call on the shooting, the real need is to find ways to reach out to stressed out officers and give them the help they need without condemnation or being marked as weak.
Saturday, January 4, 2014
A Change in Direction, but not oversight
As a long time activist for the democratic party, I was asked by numerous local leaders to run for Congress in an effort to make it into the Prop 14 created (top two primary) runoff election in November and win the seat.
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Current 8th District Congressman Cook has been a disappointment for working families, seniors and vets, but with that said, Cook might not be one of the top two in November due to many conservatives being unhappy with him as well.
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Cook's obstructive votes have done little to seek and build the consensus needed to find government waste and roll that money into real domestic economic stimulus, job development programs & policies, job retraining & placement and needed transitional assistance. We need to work at healing our country's wounds. Cook and his backers aren't hurting because they have the rest of us to pay for their comfortable salaries & benefits. The people in this district need to remind Cook and his backers that we elect people to find solutions that help all of us and not just Cook & his special interest masters.
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My prior announcement of my intention to run for San Bernardino County District Attorney has been tabled due to not only the request of local leaders that I try and add to the voices for rational & productive leadership in Congress, but due to my realization that the systemic problems in the San Bernardino County District Attorney's Office may well require federal intervention to address, which regrettably may or may not come (and which Bob can with the rest of San Bernardino county only hope and pray for).
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With that said, a lot of work to do.
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Current 8th District Congressman Cook has been a disappointment for working families, seniors and vets, but with that said, Cook might not be one of the top two in November due to many conservatives being unhappy with him as well.
.
Cook's obstructive votes have done little to seek and build the consensus needed to find government waste and roll that money into real domestic economic stimulus, job development programs & policies, job retraining & placement and needed transitional assistance. We need to work at healing our country's wounds. Cook and his backers aren't hurting because they have the rest of us to pay for their comfortable salaries & benefits. The people in this district need to remind Cook and his backers that we elect people to find solutions that help all of us and not just Cook & his special interest masters.
.
My prior announcement of my intention to run for San Bernardino County District Attorney has been tabled due to not only the request of local leaders that I try and add to the voices for rational & productive leadership in Congress, but due to my realization that the systemic problems in the San Bernardino County District Attorney's Office may well require federal intervention to address, which regrettably may or may not come (and which Bob can with the rest of San Bernardino county only hope and pray for).
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With that said, a lot of work to do.
Thursday, January 2, 2014
Does the Colonies Case Decision Recognize Key Players like DA Mike Ramos might be if not a Material Witness, a potential Co-conspirator??
One of the many articles written by the local press [See: http://www.highdesert.com/articles/return-44292-vvdailypress-san-bribery.html -- article on the Colonies case], shows how the watchdog role of the press [See http://www.huffingtonpost.com/lionel-rolfe/whats-wrong-with-todays-j_b_4516013.html?utm_hp_ref=los-angeles&ir=Los+Angeles for recent discussion] is a dead concept in this County and part of the reason we have local government in San Bernardino County running out of control--no one is asking the tough questions.
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With federal racketeering charges timely added to the complaint (which is not the first time I have referenced that additional approach), the appeal would have likely been unnecessary in the Colonies corruption case and golly gee, had "conspiracy" after the bribe been pled by the DA's office (re alleged cover up efforts), the Supreme Court would likely not have had to step in.
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What makes this realization so key, is that Mike Ramos has been accused of using his office's powers and or his influence to intimidate/coerce public figures in the County, which is what he is accusing Burum (a former ally of DA Mike Ramos) of doing [e.g. people thinking about running against Mike Ramos like former DA Dennis Stout backing out and stating on the record in 2010 that his clients were being threatened if he (Stout) ran and more recently, there are the allegations of Frank Guzman, who ran against Ramos in 2010 who had to face a frivolous lawsuit (filed by allegedly an ally of Mike Ramos) roughly a month before the June 2010 election (an action tossed out by the court "after" the election), going after Supervisor Neil Derry for a failure to disclose payments in a campaign report on the eve of an election challenge by a long time supporter and friend, San Manuel tribal leader James Ramos, while Mike Ramos skated on his failure to report payments to his ex-wife--just to name a few].
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Through all of the bribery acts, who is a constant figure throughout and is STILL in office?
.
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With federal racketeering charges timely added to the complaint (which is not the first time I have referenced that additional approach), the appeal would have likely been unnecessary in the Colonies corruption case and golly gee, had "conspiracy" after the bribe been pled by the DA's office (re alleged cover up efforts), the Supreme Court would likely not have had to step in.
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What the Court in People v Biane, et al (the Colonies corruption case) said [and the following appears to be the trigger analysis]: "[h]ere, as in Calhoun,supra, 46 Cal.2d at page 30,the indictment alleges that Burum and Erwin participated in a conspiracy that was more elaborate than the mere agreement that a particular bribe be accepted, but involved and depended on the conduct of numerous parties to ensure that at least three supervisors be influenced to approve the $102 million litigation settlement".
What makes this realization so key, is that Mike Ramos has been accused of using his office's powers and or his influence to intimidate/coerce public figures in the County, which is what he is accusing Burum (a former ally of DA Mike Ramos) of doing [e.g. people thinking about running against Mike Ramos like former DA Dennis Stout backing out and stating on the record in 2010 that his clients were being threatened if he (Stout) ran and more recently, there are the allegations of Frank Guzman, who ran against Ramos in 2010 who had to face a frivolous lawsuit (filed by allegedly an ally of Mike Ramos) roughly a month before the June 2010 election (an action tossed out by the court "after" the election), going after Supervisor Neil Derry for a failure to disclose payments in a campaign report on the eve of an election challenge by a long time supporter and friend, San Manuel tribal leader James Ramos, while Mike Ramos skated on his failure to report payments to his ex-wife--just to name a few].
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Through all of the bribery acts, who is a constant figure throughout and is STILL in office?
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75% of SEBA's MEMBERSHIP DID NOT ENDORSE JOHN McMAHON for SAN BERNARDINO COUNTY SHERIFF!! What's up with this unliked guy?
In a press release from SEBA [document says "PLACE ON BRIEFING BOARD - SEBA NEWS FLASH] dated December 3, 2013, it supposedly reports "SHERIFF ENDORSEMENT ELECTION RESULTS" that 95% of the membership voted to endorse McMahon..
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With 2,210 ballots mailed out and 29.6% returned (or 654 "voters"), that conclusion is a reach. It would be more consistent to say that McMahon got a no confidence vote of roughly 75% of the membership.
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Rumors are floating about how even Mike Ramos (the DA that endorsed him) think McMahon is dumb, so with Mike Ramos behind the scenes maybe not liking him and 75% of the eligible voters in SEBA NOT voting for McMahon, who is pushing this guy?
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With 2,210 ballots mailed out and 29.6% returned (or 654 "voters"), that conclusion is a reach. It would be more consistent to say that McMahon got a no confidence vote of roughly 75% of the membership.
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Rumors are floating about how even Mike Ramos (the DA that endorsed him) think McMahon is dumb, so with Mike Ramos behind the scenes maybe not liking him and 75% of the eligible voters in SEBA NOT voting for McMahon, who is pushing this guy?
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