damn it looks like Kyrsten Sinema supports the police state too.
i always thought she was just a misguided civil rights advocate hated the police state but just wanted to steal our money for her welfare state programs.
but it also looks like she supports the police state in sponsering this house bill HB2500 which means government goons can keep all their address information secret while the rest of it are forced to have our information in the public eye.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/47leg/1r/bills/hb2500p%2Ehtm&DocType=B
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/47leg/1r/bills/hb2500o%2Easp
PLEASE NOTE: In most BUT NOT ALL instances, the page and line numbering of bills on this web site correspond to the page and line numbering of the official printed version of the bills.
REFERENCE TITLE: county records; redacting residential information ¦
Introduced by Representatives Alvarez, Burns J, Lopez L, Miranda B, Senator Arzberger: Representatives Aguirre A, Allen J, Bradley, Brown, Cajero Bedford, Downing, Gallardo, Garcia M, Landrum
Taylor, Lopes, Lujan, McClure, McCune Davis, Meza, Prezelski, Rios P, Sinema, Tom, Senators Cannell, Garcia, Hale, Soltero ¦
AN ACT
AMENDING SECTION 11-484, ARIZONA REVISED STATUTES; RELATING TO COUNTY ASSESSOR AND COUNTY TREASURER RECORDS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-484, Arizona Revised Statutes, is amended to read:
11-484. Records maintained by county assessor and county treasurer; redaction; definitions
A. Notwithstanding any other provision of this article, in counties with a population of more than five hundred thousand persons ANY COUNTY a peace officer, justice, judge, commissioner, public defender or prosecutor may request that the general public be prohibited from accessing that person's residential address and telephone number that are contained in instruments, writings and information maintained by the county assessor and the county treasurer.
B. A peace officer, justice, judge, commissioner, public defender or prosecutor may request this action by filing an affidavit that states all of the following on an application form developed by the administrative office of the courts in agreement with an association of counties, an organization of peace officers and the motor vehicle division of the department of transportation:
1. The person's full legal name and residential address.
2. The full legal description and parcel number of the person's property.
3. The position the person currently holds and a description of the person's duties.
4. The reasons the person reasonably believes that the person's life or safety or that of another person is in danger and that redacting the residential address and telephone number will serve to reduce the danger.
C. If a peace officer, public defender or prosecutor is also requesting pursuant to section 11-483 that the general public be prohibited from accessing records maintained by the county recorder, the peace officer, public defender or prosecutor may combine the request pursuant to subsection B of this section with the request pursuant to section 11-483 by filing one affidavit with the officer's commanding officer, or with the head of the prosecuting or public defender agency, as applicable, or that person's designee. The affidavit and subsequent action by the appropriate authorities shall meet all of the requirements of this section and section 11-483.
D. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent a multiplicity of filings, a peace officer, public defender or prosecutor shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting or public defender agency, as applicable, or that person's designee, who shall file the affidavits at one time. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting or public defender agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.
E. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting affiants. Each affidavit presented shall be attached to the petition. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.
F. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each affiant should be granted. If the presiding judge of the superior court concludes that the action requested by the affiant will reduce a danger to the life or safety of the affiant or another person, the presiding judge of the superior court shall order the redaction of the affiant's residential address and telephone number that are contained in instruments, writings and information maintained by the county assessor and the county treasurer. The redaction shall be in effect for five years.
G. On motion to the court, if the presiding judge of the superior court concludes that an instrument or writing maintained by the county assessor or the county treasurer has been redacted or sealed in error, that the original affiant no longer lives at the address listed in the original affidavit, that the cause for the original affidavit no longer exists or that temporary access to the instrument or writing is needed, the presiding judge may temporarily stay or permanently vacate all or part of the court order prohibiting public access to the instrument or writing.
H. On entry of the court order, the clerk of the superior court shall file the court order and a copy of the affidavit required by subsection B of this section with the county assessor and the county treasurer. No more than ten days after the date on which the county assessor and the county treasurer receive the court order, the county assessor and the county treasurer shall restrict access to the information as required by subsection F of this section.
I. If the court denies an affiant's request pursuant to this section, the affiant may request a court hearing. The hearing shall be conducted by the court in the county where the petition was filed.
J. The county assessor and the county treasurer shall remove the restrictions on all records that are redacted pursuant to this section by January 5 in the year after the court order expires.
K. For the purposes of this section:
1. "Commissioner" means a commissioner of the superior court.
2. "Judge" means a judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the Arizona court of appeals, the superior court or a municipal court.
3. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.
4. "Peace officer" means any person vested by law, or formerly vested by law, with a duty to maintain public order and make arrests.
5. "Prosecutor" means a county attorney, a municipal prosecutor, the attorney general or a United States attorney and includes an assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.
6. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.
HB2500
SPONSORS: ALVAREZ P BURNS J P LOPEZ P
MIRANDA B P ARZBERGER P AGUIRRE A C
ALLEN J C BRADLEY C BROWN C
CAJERO BEDFORD C DOWNING C GALLARDO C
GARCIA M C LANDRUM TAYLOR C LOPES C
LUJAN C MCCLURE C MCCUNE DAVIS C
MEZA C PREZELSKI C RIOS P C
SINEMA C TOM C CANNELL C
GARCIA J C HALE C SOLTERO C
TITLE: county records; redacting residential information
HOUSE FIRST READ: 01/24/05
COMMITTEES: ASSIGNED COMMITTEES ACTION
Vote Detail 01/24/05 JUD 02/03/05 (8-1-0-0-0) DP
Vote Detail 01/24/05 CMMA 02/22/05 (7-0-0-4-0) DPA
Vote Detail 01/24/05 RULES 03/03/05 (8-0-0-1-0) C&P
SECOND READ: 01/25/05
MAJORITY CAUCUS 03/07/05 Y
MINORITY CAUCUS: 03/07/05 Y
COW ACTION 1: DATE ACTION AYES NAYS NV EXC
03/09/05 DPA 0 0 0 0
AMENDMENTS
CMMA passed
THIRD READ: DATE AYES NAYS NV EXC EMER AMEND RFE 2/3 VOTE RESULT
Vote Detail 03/14/05 51 5 4 0 Y PASSED
TRANSMIT TO SENATE: 03/15/05
SENATE FIRST READ: 03/15/05
SECOND READ: 03/23/05
COMMITTEES: ASSIGNED COMMITTEES ACTION
Vote Detail 03/23/05 GOV 03/31/05 (7-0-0-0) DPA
03/22/05 RULES 04/04/05 PFC
MAJORITY CAUCUS: 04/05/05 Y
MINORITY CAUCUS: 04/05/05 Y
COW ACTION 1: DATE ACTION AYES NAYS NV EXC
04/07/05 RETAINED 0 0 0 0
COW ACTION 2: DATE ACTION AYES NAYS NV EXC
04/14/05 DPA 0 0 0 0
AMENDMENTS
Amended by GOV (ref Bill) adopted
THIRD READ: DATE AYES NAYS NV EXC EMER AMEND RFE 2/3 VOTE RESULT
Vote Detail 04/18/05 29 0 1 0 Y PASSED
TRANSMIT TO HOUSE: 04/18/05
MAJORITY CAUCUS: 04/20/05 Y
MINORITY CAUCUS: 04/20/05 Y
Concurrence recommended
HOUSE CONCURRENCE: DATE AYES NAYS NV EXC
04/25/05 0 0 0 0
HOUSE FINAL READ: DATE AYES NAYS NV EXC EMER RFE 2/3 VOTE RESULT
Vote Detail 04/25/05 52 0 8 0 PASSED
TRANSMITTED TO: GOVERNOR 04/26/05
ACTION: SIGNED 05/02/05
CHAPTER: 243
CHAPTERED VERSION: Senate Engrossed Version
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now we are talking about raising $revenue$. saftey?? what is saftey????
http://www.azcentral.com/community/scottsdale/articles/0505sr-photo05Z8.html
With traffic camera bill dead, city can move on 101
Holly Johnson
The Arizona Republic
May. 5, 2005 12:00 AM
SCOTTSDALE - Scottsdale has the green light to proceed with a pilot project to use photo enforcement to target speeding drivers on Loop 101 after a bill that would prohibit the technology on freeways died this week.
SB 1164 has been subject to considerable debate in the House and Senate over the past few months. It failed a final House reading April 28, but co-sponsor Rep. Andy Biggs, R-Gilbert, successfully moved to reconsider it Tuesday, when it failed again at 29-28.
State Rep. Michele Reagan, R-Scottsdale, opposed SB 1164, but "not because I support photo radar on the freeways," she said. "I support my city making that decision for our residents."
Now, Scottsdale can move forward with plans to pilot the technology on a dangerous stretch of Loop 101. The city would be the first in the country to use the digital cops on a public highway.
The city would put cameras in each direction of travel on a 6-mile stretch of the freeway and place signs warning drivers of the cameras. About 120,000 to 170,000 cars a day travel the Scottsdale section of Loop 101.
City officials, including traffic engineering director Paul Porell, are meeting with the Arizona Department of Transportation and the state Department of Public Safety to create a plan for the proposal.
It will then be sent to Gov. Janet Napolitano, who previously has expressed tentative support for the measure.
"We're very happy," said Bruce Kalin, photo contract administrator for Scottsdale police. "This removes that hurdle, that question mark, and allows us to get back to discussions with ADOT and DPS. We've all been sort of waiting and sitting to see how this worked out."
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http://hosted.ap.org/dynamic/stories/A/AZ_EARNS_CORRECTIONS_CORPORATION_AZOL-?SITE=AZMES&SECTION=HOME&TEMPLATE=DEFAULT
May 5, 11:28 AM EDT
Fewer inmates cited for first quarter loss for CCA
NASHVILLE, Tenn. (AP) -- A reduced number of inmates at facilities run by Corrections Corporation of America resulted in a first-quarter loss, the nation's largest private prison operator reported Thursday.
The Nashville-based company said it had a net loss of $8.9 million or 24 cents a share, compared with $14.4 million or 37 cents per share for the same quarter last year.
Refinancing transactions completed during the first quarter included a pre-tax charge of $35 million. Excluding the special charge, earnings amounted to 35 cents per share.
Analysts surveyed by Thomson Financial had been expecting 33 cents per share.
Total revenue for the quarter increased to $285.9 million from $276.8 million for the same period last year. Operating income was $38.6 million compared with $42.6 million for the same time last year.
"The first quarter operating results were clearly in line with our expectations," said John Ferguson, president and CEO. "On a comparable quarter basis, earnings were impacted by a reduction of inmate populations at several facilities."
CCA shares were up 8 cents to $37.98 in morning trading on the New York Stock Exchange.
Operating margins decreased from 24.8 percent in 2004 to 23.4 percent in 2005, the result of declining inmate populations at a number of the company's facilities, including its Prairie Correctional Facility and Central Arizona Detention Center as well as at several managed-only facilities, including the Bay County Jail in Florida and Metro-Davidson County Detention center in Nashville.
The reduced inmate populations were not sufficient to justify a decrease in staffing levels at most of the facilities, resulting in higher fixed expenses.
The company operates 64 facilities, including 39 company-owned lockups, with a total capacity of 70,000 beds in 19 states and the District of Columbia.
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heil hitler the national police is here. opps im sorry it has been here a long time but most people have not noticed it.
http://www.usatoday.com/news/washington/2005-05-04-congress-licenses_x.htm
Posted 5/5/2005 12:07 AM
Congress weighs 4 IDs for licenses
By Donna Leinwand, USA TODAY
WASHINGTON — It soon could be a lot more complicated for Americans to get driver's licenses.
Congress is on the verge of passing a plan that could discourage illegal immigration by requiring applicants for state-issued driver's licenses — roughly 70 million people a year — to produce four types of identification at motor vehicle offices.
Most who apply for new licenses — and presumably, those seeking renewals — would have to prove that they are in the USA legally, document their Social Security number and home address, and show a photo ID. Motor vehicle department employees then would have to verify the documents with federal databases, a potentially lengthy process that could mean an end to same-day license renewals.
States now typically require new drivers to produce proof of age and one or two other forms of ID, usually including a photo. Less is required of those renewing licenses; Maryland and a few other states allow renewals by mail. That could change under the Real ID Act, which along with extra security at airports and workplaces could represent the most significant differences in daily lives to stem from post-9/11 security concerns.
The act is likely to be passed by the House today and the Senate next week as an attachment to an $81 million emergency spending bill for the military in Iraq and Afghanistan. If states did not comply within three years, their driver's licenses could not be used as ID to board a plane or to enter certain federal buildings.
President Bush has expressed support for the act, which has created an uproar among state officials and civil liberties groups such as the American Civil Liberties Union. The National Conference of State Legislatures estimates that it would cost states more than $500 million. "The number of documents is staggering," says the conference's Cheye Calvo. "You're not going to get your license in one day anymore. Over-the-counter driver's licenses will no longer exist."
The ACLU says the act threatens' Americans' privacy by creating links between databases that could be used to make licenses into de facto national ID cards that could be used to track residents' activities.
The Congressional Budget Office says it would cost states $100 million over five years. The act's author, Rep. James Sensenbrenner, R-Wis., says, "If somebody has to stand in line a few minutes more (for a license), that's a small price to pay than having thousands or tens of thousands of people die in a terrorist attack."
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you dont need any stinking id to fly on airplanes.
for those of you who know me you probably know i dont have any stinking id including a drivers license.
but i have said for a long time that you dont need any stinking id to fly and have flown a lot.
prior to 9/11 it was harder to fly with out id because the airline clerks and ticket agents didnt really know the rules.
beleive it or not after 9/11 it actually became easier to fly with out id. why? because all the airline folks know the rules.
what are the rules? well they search you and your luggage before they let you enter the boarding area. thats it.
last year when i made a round trip flight from phoenix to north carolina it was the first time since 9/11 that i had flown. when i told the clerk that i didnt have any id i was a little scared. but she knew the rules and said "no problem. we will just search you and you will be on your way."
recently when i was riding on the bus and talking to a woman about the american police state i told her about the fact that i fly and i dont dont have id.
the woman worked at the american west airline reservation systems and told me that they get calls all the time from people who have lost their id and want to know if they can fly. she said that all the clerks know the rules and tell them they can still fly but that they will be searched. just to prove that you can fly with out id i called
AMERICAN WEST AIRLINES(800)235-9292
SOUTHWEST AIRLINES (800)435-9792
UNITED AIRLINES (800)241-6522
i told them all the same thing.
"i just had all my id stolen. can i still fly or do i have to cancel my reservation?"
southwest airlines and united airlines both got the correct answer on the first try. they both told me that if i didnt have any id that there were alturnative procedures for me to board the plane and that i could fly with out id.
i then stated to both of them "that means that i dont need id to fly". they both said yes. they both commented that i probably would be searched.
the person at america west airlines didnt really know for sure. maybe she was a newbe. first she said that i should try to dig up something like a birth certificate or social security card and use it instead of a photo id.
i told her i had nothing. and asked "does that mean i cant fly".
at that point she kind of got it right and said that there were alturantive procedures if i didnt have id, but she couldnt garentee if i could get on the plane. she did mention that i probably would be searched.
so the bottom line is that anyone can fly with out id.
<#==#>
this bill should be named the "bill to control renegade mormon school in colorado city that piss off government officials" and is a good example of mixing religion and government
http://www.azcentral.com/news/articles/0506colorado06.html
Bill passes to control mismanaged schools
Broke district in N. Arizona target of law
Pat Kossan
The Arizona Republic
May. 6, 2005 12:00 AM
Lawmakers approved a bill giving the state power to take over any Arizona school district that "grossly mismanages" its money, and state officials said their first target would be the financially crippled Colorado City Unified District.
In October, the attorney general found himself powerless to shut down Colorado City Unified after the district began bouncing teacher paychecks despite buying its own airplane.
The new law allows the state to appoint a receiver who can fire or suspend a district's superintendent and override a district governing board's decisions and contracts. The law protects working, licensed teachers from immediate dismissal.
The legislation passed the state Senate and House, and Arizona Attorney General Terry Goddard said he expects Gov. Janet Napolitano to sign the bill into law.
Goddard called it disappointing that lawmakers didn't add an emergency clause, meaning the law will not take effect until 90 days from the last day of the legislative session. Goddard said his office would "as quickly as possible" petition the Arizona State Board of Education to appoint a receiver to take over Colorado City Unified.For three years, the 350-student district at the Arizona-Utah line hasn't paid teachers or vendors on a consistent basis and has missed state and Mohave County deadlines to account for its spending.
"They've abdicated, in part, their financial obligation to the public, and the purpose of receivership is to fix that," Goddard said Thursday. The law is designed to keep schools open for students while the receiver repairs the financial problems. The receiver remains in charge until the Arizona auditor general declares the district has been in working financial order for a year.
Colorado City Unified is $1.5 million in debt at 6 percent interest to the Arizona School Risk Retention Trust, a corporation that insures Arizona schools.
The Retention Trust has been covering checks to prevent lawsuits, a trust official reported in April.
Superintendent of Public Instruction Tom Horne worked with Goddard to create the bill but supported a broader version that would have allowed the state to step in if a district had "grossly mismanaged its other duties" beyond just financial. But Horne said he's pleased the law gives the Arizona State Board of Education, and not the courts, power to appoint a receiver. A pool of receivers most likely would include former district superintendents and county schools superintendents, Horne said.
"They would add to the pool that person best suited for the job," Horne said.
Colorado City and the neighboring Hildale, Utah, are home to about 6,000 to 10,000 members of the Fundamentalist Church of Jesus Christ of Latter Day Saints, a breakaway sect, which, unlike the mainstream Mormon Church, practices plural marriages. Colorado City Unified District's administrators belong to the FLDS, but its students and teachers live in Centennial Park, a nearby community, whose residents are members of a different polygamist sect.
Reach the reporter at pat.kossan@arizonarepublic.com.
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gay bashing mayor likes to fondle boys. dont call it a double standard. he is a govenrment ruler and can do what he likes. the rest of us just have to obey rulers like him
http://www.azcentral.com/news/articles/0506spokane-mayor06.html
Mayor accused of molesting boys
Nicholas K. Geranios
Associated Press
May. 6, 2005 12:00 AM
SPOKANE, Wash. - Mayor James West, a Republican foe of gay rights, was accused in a newspaper story Thursday of molesting two boys decades ago and was caught by the paper using the trappings of his office to try to court a young man on a gay Web site.
West on Thursday denied the molestation allegations but acknowledged he "had relations with adult men."
He admitted offering autographed sports memorabilia and a possible City Hall internship to someone he thought was an 18-year-old man on the Web site Gay.com. The man was actually a private computer expert hired by the Spokesman-Review as part of a journalism sting operation.
West, 54, a former Boy Scout leader and Army paratrooper who was married briefly in the 1990s, denied that the online offers constituted abuse of his office, and he said he would serve out the more than three years remaining in his term.
The Spokesman-Review ran interviews Thursday with two men who allege West molested them decades ago when they were Boy Scouts and the mayor was a troop leader and sheriff's deputy. Both men have criminal records because of drug problems.
"I categorically deny allegations about incidents that supposedly occurred 24 years ago as alleged by two convicted felons and about which I have no knowledge," West said.
West, a conservative with an abrasive style and a fierce temper, rose to become majority leader of the state Senate during a two-decade legislative career. He consistently opposed efforts to expand civil rights protections for gays and voted for the Defense of Marriage Act, a ban on gay marriage, in 1998.
West said he would not characterize himself as gay. As for his visits to the Gay.com Web site, he said, "I can't tell you why I go there, to tell you the truth ... curiosity, confused, whatever, I don't know."
The molestation accusations came in a deposition for a lawsuit against Spokane County by Robert J. Galliher, 36, of Seattle, and other men who claim they were molested by another sheriff's deputy at the time, David Hahn.
In interviews with the newspaper, Galliher and a second man, Michael G. Grant Jr., 31, said they were introduced to West by Hahn in the late 1970s or early '80s, when the two sheriff's deputies were close friends and leaders of a Boy Scout troop.
Hahn committed suicide in 1981 after being publicly accused of molesting boys.
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http://www.defensetech.org/archives/000038.html
ASHCROFT LIFTS FBI DATABASE LIMITS
"The Justice Department lifted a requirement Monday that the FBI ensure the accuracy and timeliness of information about criminals and crime victims before adding it to the country's most comprehensive law enforcement database," the Associated Press reports.
The system, run by the FBI's National Crime Information Center, includes data about terrorists, fugitives, warrants, people missing, gang members and stolen vehicles, guns or boats. The records -- inaccessible to the public -- are queried increasingly by the nation's law enforcement agencies to help decide whether to monitor, detain or arrest someone...
Critics have noted complaints for years about wrong information in the computer files that disrupted the lives of innocent citizens, and the FBI has acknowledged problems. In one case, a Phoenix resident was arrested for minor traffic violations that had been quashed weeks earlier; in another, a civilian was misidentified as a Navy deserter.
the folks who have been extempted are the NCIC or National Criminal Information Center or maybe National Crime Information CSenter
http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm
National Crime Information Center (NCIC)
National Crime Information Center
Criminal Justice Information Services (CJIS) Division
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
Hours of Service: 9:00 a.m. - 5:00 p.m.
Telephone: (304) 625-2000
NCIC is a computerized index of criminal justice information (i.e.- criminal record history information, fugitives, stolen properties, missing persons). It is available to Federal, state, and local law enforcement and other criminal justice agencies and is operational 24 hours a day, 365 days a year.
PURPOSE: The purpose for maintaining the NCIC system is to provide a computerized database for ready access by a criminal justice agency making an inquiry and for prompt disclosure of information in the system from other criminal justice agencies about crimes and criminals. This information assists authorized agencies in criminal justice and related law enforcement objectives, such as apprehending fugitives, locating missing persons, locating and returning stolen property, as well as in the protection of the law enforcement officers encountering the individuals described in the system.
ACCESS CONSTRAINTS: All records in NCIC are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. These safeguards include restricting access to those with a need to know to perform their official duties, and using locks, alarm devices, passwords, and/or encrypting data communications.
USE CONSTRAINTS: Users of the NCIC system will be restricted to only those privileges necessary to perform an authorized task(s).
AGENCY PROGRAM: The FBI is authorized to acquire, collect, classify and preserve identification, criminal identification, crime, and other records and to exchange such information with authorized entities.
SOURCES OF DATA: Data contained in NCIC is provided by the FBI, federal, state, local and foreign criminal justice agencies, and authorized courts.
The most recent iteration of NCIC became operational on July 11, 1999 at the FBI's Criminal Justice Information Services Division in Clarksburg, West Virginia. A recent hardware upgrade to the NCIC system is responsible for this significant improvement in performance.
Categories of individuals covered by the system:
A. Wanted Persons: 1. Individuals for whom Federal warrants are
outstanding.
2. Individuals who have committed or have been identified with an offense which is classified as a felony or serious misdemeanor under the existing penal statutes of the jurisdiction originating the entry and for whom a felony or misdemeanor warrant has been issued with respect to the offense which was the basis of the entry. Probation and parole violators meeting the foregoing criteria.
3. A "Temporary Felony Want" may be entered when a law enforcement agency has need to take prompt action to establish a "want" entry for the apprehension of a person who has committed or the officer has reasonable grounds to believe has committed, a felony and who may seek refuge by fleeing across jurisdictional boundaries and circumstances preclude the immediate procurement of a felony warrant. A "Temporary Felony Want" shall be specifically identified as such and subject to verification and support by a proper warrant within 48 hours following the entry of a temporary want. The agency originating the "Temporary Felony Want" shall be responsible for subsequent verification or re-entry of a permanent want.
4. Juveniles who have been adjudicated delinquent and who have escaped or absconded from custody, even though no arrest warrants were issued. Juveniles who have been charged with the commission of a delinquent act that would be a crime if committed by an adult, and who have fled from the state where the act was committed.
5. Individuals who have committed or have been identified with an offense committed in a foreign country, which would be a felony if committed in the United States, and for whom a warrant of arrest is outstanding and for which act an extradition treaty exists between the United States and that country.
6. Individuals who have committed or have been identified with an offense committed in Canada and for whom a Canada-Wide Warrant has been issued which meets the requirements of the Canada-U.S. Extradition Treaty, 18 U.S.C. 3184.
B. Individuals who have been charged with serious and/or significant offenses:
1. Individuals who have been fingerprinted and whose criminal history record information has been obtained.
2. Violent Felons: Persons with three or more convictions for a violent felony or serious drug offense as defined by 18 U.S.C. Sec. 924(e).
C. Missing Persons: 1. A person of any age who is missing and who is under proven physical/mental disability or is senile, thereby subjecting that person or others to personal and immediate danger.
2. A person of any age who is missing under circumstances indicating that the disappearance was not voluntary.
3. A person of any age who is missing under circumstances indicating that that person's physical safety may be in danger.
4. A person of any age who is missing after a catastrophe.
5. A person who is missing and declared unemancipated as defined by the laws of the person's state of residence and does not meet any of the entry criteria set forth in 1-4 above.
D. Individuals designated by the U.S. Secret Service as posing a potential danger to the President and/or other authorized protectees. (watch out kevin your on this list :)
E. Members of Violent Criminal Gangs: Individuals about whom investigation has developed sufficient information to establish membership in a particular violent criminal gang by either:
1. Self admission at the time of arrest or incarceration, or
2. Any two of the following criteria:
a. Identified as a gang member by a reliable informant;
b. Identified as a gang member by an informant whose information has been corroborated;
c. Frequents a gang's area, associates with known members, and/or affects gang dress, tattoos, or hand signals;
d. Has been arrested multiple times with known gang members for offenses consistent with gang activity; or
e. Self admission (other than at the time of arrest or incarceration).
F. Members of Terrorist Organizations: Individuals about whom investigations has developed sufficient information to establish membership in a particular terrorist organization using the same criteria listed above in paragraph E, items 1 and 2 a-e, as they apply to members of terrorist organizations rather than members of violent criminal gangs.
G. Unidentified Persons: 1. Any unidentified deceased person. 2. Any person who is living and unable to ascertain the person's identity (e.g., infant, amnesia victim). 3. Any unidentified catastrophe victim. 4. Body parts when a body has been dismembered.
Categories of records in the system:
A. Stolen Vehicle File: 1. Stolen vehicles. 2. Vehicles wanted in conjunction with felonies or serious misdemeanors. 3. Stolen vehicle parts including certificates of origin or title.
B. Stolen License Plate File.
C. Stolen Boat File.
D. Stolen Gun File: 1. Stolen guns. 2. Recovered guns, when ownership of which has not been established.
E. Stolen Article File.
F. Securities File: 1. Serially numbered stolen, embezzled or counterfeited, securities.
2. "Securities" for present purposes of this file are currently (e.g., bills, bank notes) and those documents or certificates which generally are considered to be evidence of debt (e.g., bonds, debentures, notes) or ownership of property (e.g., common stock, preferred stock), and documents which represent subscription rights, warrants and which are of the types traded in the securities exchanges in the United States, except for commodities futures. Also, included are warehouse receipts, travelers checks and money orders.
G. Wanted Person File: Described in "CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM. A. Wanted Persons, 1-4."
H. Foreign Fugitive File: Identification data regarding persons who are fugitives from foreign countries, who are described in "Categories of individuals covered by the system: A. Wanted Persons, 5 and 6."
I. Interstate Identification Index File: A cooperative Federal-state program for the interstate exchange of criminal history record information for the purpose of facilitating the interstate exchange of such information among criminal justice agencies. Described in "Categories of individuals covered by the system: B. 1."
J. Identification records regarding persons enrolled in the United States Marshals Service Witness Security Program who have been charged with serious and/or significant offenses: Described in "CATEGORIES OF INDIVIDUALS covered by the system: B."
K. Bureau of Alcohol, Tobacco, and Firearms (BATF) Violent Felon File: Described in "Categories of individuals covered by the system: B. 2." (shit laro your in there too)
L. Missing Person File: Described in "CATEGORIES OF INDIVIDUALS covered by the system: C. Missing Persons."
M. U.S. Secret Service Protective File: Described in "CATEGORIES OF INDIVIDUALS covered by the system: D."
N. Violent Criminal Gang File: A cooperative Federal-state program for the interstate exchange of criminal gang information. For the purpose of this file, a "gang" is defined as a group of three or more persons with a common interest, bond, or activity characterized by criminal or delinquent conduct (damn any police officer or government official meets this and should be in here). Described in "CATEGORIES OF
INDIVIDUALS covered by the system: E. Members of Violent Criminal Gangs."
O. Terrorist File: A cooperative Federal-state program for the exchange of information about terrorist organizations and individuals. For the purposes of this file, "terrorism" is defined as activities that involve violent acts or acts dangerous to human life (george w hitler meet that requirement and should be on this list) that are a violation of the criminal laws of the United States or any state or would be a criminal violation if committed within the jurisdiction of the United States or any state, which appear to be intended to:
1. Intimidate or coerce a civilian population,
2. Influence the policy of a government by intimidation or coercion, or
3. Affect the conduct of a government by crimes or kidnapping. Described in "Categories of individuals covered by the system: F. Members of Terrorist Organizations." P. Unidentified Person File: Described in "CATEGORIES OF INDIVIDUALS covered by the system: G. Unidentified Persons."
Authority for maintenance of the system: The system is established and maintained in accordance with 28 U.S.C. 534; Department of Justice Appropriation Act, 1973, Pub. L. 92-544, 86 Stat. 1115, Securities Acts Amendment of 1975, Pub. L. 94-29, 89 Stat. 97; and 18 U.S.C. Sec. 924 (e). Exec. Order No. 10450, 3 CFR (1974).
Purpose(s): The purpose for maintaining the NCIC system of record is to provide a computerized data base for ready access by a criminal justice agency making an inquiry and for prompt disclosure of information in the system from other criminal justice agencies about crimes and criminals. This information assists authorized agencies in criminal justice objectives, such as apprehending fugitives, locating missing persons, locating and returning stolen property, as well as in the protection of the law enforcement officers encountering the individuals described in the system.
Routine uses of records maintained in the system, including categories of users and the purposes of such uses: Data in NCIC files is exchanged with and for the official use of authorized officials of the Federal Government, the States, cities, penal and other institutions, and certain foreign governments. The data is exchanged through NCIC lines to Federal criminal justice agencies, criminal justice agencies in the 50 States, the District of Columbia, Puerto Rico, U.S. Possessions and U.S. Territories. Additionally, data contained in the various "want files," i.e., the stolen vehicle file, stolen license plate file, stolen gun file, stolen article file, wanted person file, securities file, boat file, and missing person data may be accessed by the Royal Canadian Mounted Police. Criminal history data is disseminated to non-criminal justice agencies for use in connection with licensing for local/state employment or other uses, but only where such dissemination is authorized by Federal or state statutes and approved by the Attorney General of the United States.
Data in NCIC files, other than the information described in "Categories of records in the system: I, J, K, M, N, and O," is disseminated to (1) a nongovernmental agency subunit thereof which allocates a substantial part of its annual budget to the administration of criminal justice, whose regularly employed peace officers have full police powers pursuant to state law and have complied with the minimum employment standards of governmentally employed police officers as specified by state statute; (2) a noncriminal justice governmental department of motor vehicle or driver's license registry established by a statute, which provides vehicles registration and driver record information to criminal justice agencies; (3) a governmental regional dispatch center, established by a state statute, resolution, ordinance or Executive order, which provides communications services to criminal justice agencies; and (4) the national Automobile Theft Bureau, a nongovernmental nonprofit agency which acts as a national clearinghouse for information on stolen vehicles and offers free assistance to law enforcement agencies concerning automobile thefts, identification and recovery of stolen vehicles.
Disclosures of information from this system, as described above, are for the purpose of providing information to authorized agencies to facilitate the apprehension of fugitives, the location of missing persons, the location and/or return of stolen property, or similar criminal justice objectives.
Information on missing children, missing adults who were reported missing while children, and unidentified living and deceased persons may be disclosed to the National Center for Missing and Exploited Children (NCMEC). The NCMEC is a nongovernmental, nonprofit, federally funded corporation, serving as a national resource and technical assistance clearinghouse focusing on missing and exploited children. Information is disclosed to NCMEC to assist it in its efforts to provide technical assistance and education to parents and local governments regarding the problems of missing and exploited children, and to operate a nationwide missing children hotline to permit members of the public to telephone the Center from anywhere in the United States with information about a missing child.
In addition, information may be released to the news media and the public pursuant to 28 CFR 50.2, unless it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy;
To a Member of Congress or staff acting upon the member's behalf whom the member or staff requests the information on behalf of and at the request of the individual who is the subject of the record; and,
To the National Archives and Records Administration and the General Services Administration in records management inspections conducted under the authority of 44 U.S.C. Sec. Sec. 2904 and 2906.
System Maintenance Policies
Storage: Information maintained in the NCIC system is stored electronically for use in a computer environment.
Retrievability: On line access to data in NCIC is achieved by using the following search descriptors:
A. Stolen Vehicle File:
1. Vehicle identification number;
2. Owner applied number;
3. License plate number;
4. NCIC number (unique number assigned by NCIC computer to each NCIC record.)
B. Stolen License Plate File:
1. License plate number;
2. NCIC number.
C. Stolen Boat File:
1. Registration document number;
2. Hull serial number;
3. Owner applied number;
4. NCIC number.
D. Stolen Gun File:
1. Serial number of gun;
2. NCIC number.
E. Stolen Article File:
1. Serial number of article;
2. Owner applied number;
3. NCIC number.
F. Securities File:
1. Type, serial number, denomination of security, and issuer for other than U.S. Treasury issues and currency;
2. Type of security and name of owner of security;
3. Social Security number of owner of security (it is noted the requirements of the Privacy Act with regard to the solicitation of Social Security numbers have been brought to the attention of the members of the NCIC system);
4. NCIC number.
G. Wanted Person File:
1. Name and one of the following numerical identifiers:
a. Date of birth;
b. FBI number (number assigned by the Federal Bureau of Investigation
to an arrest fingerprint record);
c. Social Security number (it is noted the requirements of the Privacy Act with regard to the solicitation of Social Security numbers have been brought to the attention of the members of the NCIC system);
d. Operator's license number (driver's number);
e. Miscellaneous identifying number (military number or number assigned by Federal, state, or local authorities to an individual's record);
f. Originating agency case number;
2. Vehicle or license plate known to be in the possession of the wanted person;
3. NCIC number.
H. Foreign Fugitive File: See G, above.
I. Interstate Identification Index File:
1. Name, sex, race, and date of birth;
2. FBI number;
3. State identification number;
4. Social Security number;
5. Miscellaneous identifying number.
J. Witness Security Program File: See G, above.
K. BATF Violent Felon File: See G, above.
L. Missing Person File: See G, above, plus the age, sex, race, height and weight, eye and hair color of the missing person.
M. U.S. Secret Service Protective File: See G, above.
N. Violent Criminal Gang File: See G, above.
O. Terrorist File: See G, above.
P. Unidentified Person File: the age, sex, race, height and weight, eye and hair color of the unidentified person.
Safeguards: Data stored in the NCIC is documented criminal justice agency information and access to that data is restricted to duly authorized criminal justice agencies. The following security measures are the minimum to be adopted by all criminal justice agencies having access to the NCIC.
Interstate Identification Index (III) File. These measures are designed to prevent unauthorized access to the system data and/or unauthorized use of data obtained from the computerized file.
1. Computer Center. a. The criminal justice agency computer site must have adequate physical security to protect against any unauthorized personnel gaining access to the computer equipment or to any of the stored data. b. Since personnel at these computer centers can have access to data stored in the system, they must be screened thoroughly under the authority and supervision of an NCIC control terminal agency. (This authority and supervision may be delegated to responsible criminal justice agency personnel in the case of a satellite computer center being serviced through a state control terminal agency.) This screening will also apply to non-criminal justice maintenance or technical personnel. c. All visitors to these computer centers must be accompanied by staff personnel at all times. d. Computers having access to the NCIC must have the proper computer instructions written and other built-in controls to prevent criminal history data from being accessible to any terminals other than authorized terminals. e. Computers having access to the NCIC must maintain a record of all transactions against the criminal history file in the same manner the NCIC computer logs all transactions. The NCIC identifies each specific agency entering or receiving information and maintains a record of those transactions. This transaction record must be monitored and reviewed on a regular basis to detect any possible misuse of criminal history data. f. Each State Control terminal shall build its data system around a central computer, through which each inquiry must pass for screening and verification. The configuration and operation of the center shall provide for the integrity of the data base.
2. Communications: a. Lines/channels being used to transmit criminal history information must be dedicated solely to criminal justice, i.e., there must be no terminals belonging to agencies outside the criminal justice system sharing these lines/channels. b. Physical security of the lines/channels must be protected to guard against clandestine devices being utilized to intercept or inject system traffic.
3. Terminal Devices Having Access to NCIC: a. All agencies having terminals on this system must be required to physically place these terminals in secure locations within the authorized agency. b. The agencies having terminals with access to criminal history must screen terminal operators and restrict access to the terminal to a minimum number of authorized employees. c. Copies of criminal history data obtained from terminal devices must be afforded security to prevent any unauthorized access to or use of the data. d. All remote terminals on NCIC III will maintain a manual or automated log of computerized criminal history inquiries with notations of individuals making requests for records for a minimum of one year.
Retention and disposal: Unless otherwise removed, records will be retained in files as follows:
A. Vehicle File: a. Unrecovered stolen vehicle records (including snowmobile records) which do not contain vehicle identification numbers (VIN) or Owner-applied number (OAN) therein, will be purged from file 90 days after date of entry. Unrecovered stolen vehicle records (including snowmobile records) which contain VIN's or OANs will remain in file for the year of entry plus 4.
b. Unrecovered vehicles wanted in conjunction with a felony will remain in file for 90 days after entry. In the event a longer retention period is desired, the vehicle must be reentered. c. Unrecovered stolen VIN plates, certificates of origin or title, and serially numbered stolen vehicle engines or transmissions will remain in file for the year of entry plus 4. (Job No. NC1-65-82-4, Part E. 13 h.(1))
B. License Plate File: Unrecovered stolen license plates will remain in file for one year after the end of the plate's expiration year as shown in the record. (Job No. NC1-65-82-4, Part E. 13 h.(2))
C. Boat File: Unrecovered stolen boat records, which contain a hull serial number of an OAN, will be retained in file for the balance of the year entered plus 4. Unrecovered stolen boat records which do not contain a hull serial number or an OAN will be purged from file 90 days after date of entry. (Job No. NC1-65-82-4, Part E. 13 h.(6))
D. Gun file: a. Unrecovered weapons will be retained in file for an indefinite period until action is taken by the originating agency to clear the record. b. Weapons entered in file as "recovered" weapons will remain in file for the balance of the year entered plus 2. (Job No. NC1-65-82-4, Part E. 13 h.(3))
E. Article File: Unrecovered stolen articles will be retained for the balance of the year entered plus one year. (Job No. NC1-65-82-4, Part E. 13 h.(4))
F. Securities File: Unrecovered stolen, embezzled or counterfeited securities will be retained for the balance of the year entered plus
4, except for travelers checks and money orders, which will be retained for the balance of the year entered plus 2. (Job No. NC1-65-82-4, Part E. 13 h.(5))
G. Wanted Person File: Person not located will remain in file indefinitely until action is taken by the originating agency to clear the record (except "Temporary Felony Wants", which will be automatically removed from the file after 48 hours). (Job No. NC1-65-87-114, Part E. 13 h.(7))
H. Foreign Fugitive File: Person not located will remain in file indefinitely until action is taken by the originating agency to clear the record.
I. Interstate Identification Index File: When an individual reaches age of 80 (shit im 405 years old. they must have removed me long ago. i was born in on April 20 in 1600 in tucson arizona which was then part of mexico).
(Job No. NC1-65-76-1)
J. Witness Security Program File: Will remain in file until action is taken by the U.S. Marshals Service to clear or cancel the records.
K. BATF Violent Felon File: Will remain in file until action is taken by the BATF to clear or cancel the records.
L. Missing Persons File: Will remain in the file until the individual is located or action is taken by the originating agency to clear the record.
(Job No. NC1-65-87-11, Part E 13h (8))
M. U.S. Secret Service Protective File: Will be retained until names are removed by the U.S. Secret Service.
N. Violent Criminal Gang File: Records will be subject to mandatory purge if inactive for five years.
O. Terrorist File: Records will be subject to mandatory purge if inactive for five years.
P. Unidentified Person File: Will be retained for the remainder of the year of entry plus 9.
System manager(s) and address: Director, Federal Bureau of Investigation, J. Edgar Hoover Building, 10th and Pennsylvania Avenue NW, Washington, DC 20535.
Notification procedure: Same as the above.
Record access procedures: It is noted the Attorney General has exempted this system from the access and contest procedures of the Privacy Act. However, the following alternative procedures are available to requester. The procedures by which computerized criminal history record information about an individual may be obtained by that individual are as follows:
If an individual has a criminal record supported by fingerprints and that record has been entered in the NCIC III file, criminal history record information, it is available to that individual for review, upon presentation of appropriate identification and in accordance with applicable State and Federal administrative and statutory regulations. Appropriate identification includes being fingerprinted for the purpose of insuring that the individual is who the individual purports to be. The record on file will then be verified through comparison of fingerprints.
Procedure: 1. All requests for review must be made by the subject of the record through a law enforcement agency which has access to the NCIC III File. That agency within statutory or regulatory limits can require additional identification to assist in securing a positive identification.
2. If the cooperative law enforcement agency can make an identification with fingerprints previously taken which are on file locally and if the FBI identification number of the individual's record is available to that agency, it can make an on-line inquiry of NCIC to obtain the record on-line or, if it does not have suitable equipment to obtain an on-line response, obtain the record from Washington, DC by mail. The individual will then be afforded the opportunity to see that record.
3. Should the cooperating law enforcement agency not have the individual's fingerprints on file locally, it is necessary for that agency to relate the prints to an existing record by having the identification prints compared with those already on file in the FBI or possibly in the State's central identification agency.
Contesting record procedures: The Attorney General has exempted this system from the contest procedures of the Privacy Act. Under this alternative procedure described above under "Record Access Procedures," the subject of the requested record shall request the appropriate arresting agency, court, or correctional agency to initiate action necessary to correct any stated inaccuracy in subject's record or provide the information needed to make the record complete.
Record source categories: Information contained in the NCIC system is obtained from local, state, Federal and international criminal justice agencies.
Systems exempted from certain provisions of the Privacy Act: The Attorney General has exempted this system from subsection (c) (3) and (4), (d), (e)(1) (2), and (3), (e)(4) (G), (H), (e)(5), (e)(8) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2) and (k)(3). Rules have been promulgated in accordance with the requirements of 5 U.S.C. 553 (b), (c) and (e) and have been published in the Federal Register.
Sources and Resources Campaign to Require Accuracy for NCIC @Electronic Privacy Information Center National Crime Information Center NCIC Exemption from Privacy Act Expanded, Federal Register, March 24, 2003 A New Record for NCIC Transactions, FBI press release, March 23, 2002. Privacy Act Issuances, 1995 Compilation Online via GPO Access
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http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm
Created by John Pike
Maintained by Steven Aftergood
Updated April 8, 2003
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remember that while the finger print systems often does work that it is not perfect and many times even if the police have a persons finger prints the FBI's computers wont match the prints to the person. a good article on this was in the New Yorker Magazine published maybe 2 to 4 years ago on finger prints
http://www.ledger-enquirer.com/mld/ledgerenquirer/11558642.htm
Posted on Wed, May. 04, 2005
FBI database botched fingerprint check of suspected serial killer
HARRY R. WEBER
Associated Press
ATLANTA - The FBI says its computer database botched a fingerprint check on a suspected serial killer who is charged with two murders, one in Alabama and one in Georgia, that occurred after he was released because of the error.
Jeremy Bryan Jones, who also is charged with a third murder in Louisiana and is suspected of at least five others in three states, was arrested and jailed in January 2004 in Carroll County, Ga., on a trespassing charge. At the time, he was using the alias John Paul Chapman.
Local police fingerprinted him and sent the prints to the FBI under the name Chapman, but the FBI computer did not match the prints to Jones, who was wanted since 2000 in Oklahoma for sexual assault, the FBI said. As a result, Jones was released.
Jones is charged with killing a 16-year-old girl in Douglas County, Ga., who was reported missing in March 2004. He also is charged with raping and killing an Alabama woman in September 2004. It's not clear exactly when the Louisiana murder occurred; Katherine Collins was reported missing on Jan. 10, 2004, and her body was found the next month.
Jones, now held in Mobile, Ala., has been named a suspect in at least two other murders in Georgia, two in Oklahoma and one in Missouri. In one of the Georgia cases, police say Jones has confessed to killing a hairdresser in April 2004, but he has not been charged. The woman's body has not been found.
In a statement issued late Tuesday by FBI headquarters in Washington, the agency blamed a database error for the fingerprint mistake, adding that it was not a case of an examiner failing to make an appropriate match. The FBI said that only after the Alabama arrest did the agency realize that Jones was already in the database.
"Law enforcement lost an opportunity to prevent further criminal activity by this individual," the FBI statement said. Thomas E. Bush III, assistant director of the FBI's Criminal Justice Information Services Division, added in the statement, "The FBI regrets this incident."
An FBI review of the incident is still ongoing. A spokesman in Washington, Joe Parris, said Wednesday he could not elaborate beyond the statement.
In Georgia, Stan Copeland, chief deputy of the Douglas County Sheriff's Department, said Wednesday the FBI computer also failed to match Jones' prints to the Oklahoma warrant when he was arrested in Douglas County on drug charges in June 2004. The FBI statement did not mention that incident.
Despite the mistakes, Copeland did not speak ill of the FBI.
"I've seen the system work much more than it has ever failed," Copeland said. He added, "Because whatever happened, the ball was dropped. Unfortunately, it was dropped with someone of the caliber of Jeremy Jones who may be a serial killer."
Since his arrest in Alabama, Jones has been questioned by authorities from several states, including Georgia, Oklahoma and Missouri. Officials in those states as well as Florida and Kansas have contacted the Mobile County Sheriff's Office, where Jones is in jail, as they try to determine if he might be tied to unsolved murders in their states.
An Alabama prosecutor has said that investigators in California, Arkansas and Tennessee also have expressed interest in Jones in regards to unsolved murders in their jurisdictions.
Still, investigators are not sure exactly how many murders Jones may have committed beyond the three with which he is charged.
"If they knew for sure, they would be able to bring additional charges," said Christina Bowersox, a spokeswoman for the Mobile County Sheriff's Office.
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doesnt the FBI have better things to do then arresting people for wearing war medals they didnt win in combat?
http://www.post-gazette.com/pg/05126/500262.stm
Veterans' Web sites expose fake medal winners
Friday, May 06, 2005
By Amy Chozick, The Wall Street Journal
From the minute FBI Special Agent Thomas A. Cottone Jr. saw Walter K. Carlson, he suspected that something wasn't quite right about the decorated war hero. The two men met at a Washington Township, N.J., funeral service for Marine Second Lt. John Thomas Wroblewski, 25 years old, killed in Iraq in last spring.
"Thousands of people were there, but when that captain walked past me wearing the Navy Cross and a chest full of medals and ribbons," Mr. Cottone says, "I whispered to my friend, something is wrong with that guy."
Mr. Cottone, whose duties at the Federal Bureau of Investigation include investigating military imposters, subsequently followed his hunch, determining, he says, that Mr. Carlson, 59 years old and a local bus dispatcher, didn't earn the medals he was wearing; in fact, Mr. Cottone says, Mr. Carlson never even served in the military. Mr. Carlson declined to comment.
It is illegal under federal law to wear an unauthorized military uniform or unearned decorations. Mr. Carlson was arrested, released on $10,000 bond and ordered to surrender all military materials. A trial was averted when he agreed to a pretrial probation program, says Mr. Cottone.
With patriotism at a high plateau of late, the U.S. military currently receives a level of respect not seen since World War II. Unlike the Vietnam War era, today even those who oppose the war in Iraq profess to be staunch supporters of the men and women who serve there. The heightened admiration has given way to a growing number of military impostors, and in turn sparked an impassioned group of crusaders determined to expose the mock heroes who festoon themselves with unearned medals.
The FBI's Mr. Cottone estimates that for every actual Navy Seal today, at least 300 people falsely claim to be one. The Congressional Medal of Honor Society in Mount Pleasant, S.C., suspects that the number of people who falsely claim to have received a Medal of Honor is more than double the 124 living recipients.
The Department of Veterans Affairs will prosecute only those military impostors who try to register for veterans' benefits. Law enforcement lacks the resources to investigate all but the most aggravated situations; as a result, the law that led to Mr. Carlson's arrest is rarely enforced. At the same time, military discharge papers and Purple Hearts can be bought on eBay by the dozen.
Concerned with a burgeoning army of dissemblers, actual veterans and other are turning to the Internet to stop the fakers in their tracks. POWnetwork.org, HomeOfHeroes.com, AuthentiSEAL.org and VeriSEAL.org, among other Web sites, provide concerned citizens with a free investigation into a person's military status. AuthentiSEAL.org and VeriSEAL.org neither solicit nor accept funds. POWnetwork.org and HomeOfHeroes.com both have some sponsors but the vast majority of their funding comes out of their founders' own pockets. None of them make a profit from their endeavors.
Once a fibber is detected by these sites, the jig is up. The investigators have no enforcement power of their own, but they will contact employers, family members, news organizations and even the federal government about the alleged phony. In some cases the fraudsters' personal information along with a photo will be posted on the Web.
AuthentiSEAL.org, which investigates and reveals questionable Navy Seals, says it has exposed nearly 20,000 false ones since its launch in 2000 and currently receives about 20 to 50 inquiries per day; over 99.5 percent of the leads reveal an imposter, the group says. Inquirers range from a woman curious if her new boyfriend is a real Seal, to contractors in Iraq checking on a job applicant.
"As long as the military is held in high repute, people will co-opt it for their own personal gain," says former Navy Seal William S. "Moose" Robinson, author of the self-published "No Guts No Glory: Unmasking Navy SEAL Impostors."
Mr. Robinson, a 54-year-old blacksmith in Forsyth, Mo., served as a volunteer investigator for AuthentiSEAL.org, a nonprofit Web site that investigates and reveals phony Seals. "Falsely claiming to be a Seal is a direct insult to the veterans we've lost," he says.
According to Mr. Robinson a surge of phonies emerge every time Hollywood releases a big action movie about the military. This year's "The Pacifier" starring Vin Diesel as a disgraced Navy Seal turned babysitter inspired a handful of impostors, reports AuthentiSEAL.
VeriSeal.org, a similar Seal-busting service, maintains a "Hall of Shame" with photos of "phonies" -- even setting the record straight about dead ones. When Tony Maffatone, the Hollywood security expert credited with inspiring Sylvester Stallone's Rambo character, died in a 2000 scuba-diving accident, obituaries made mention of his stint as a U.S. Navy Seal. But VeriSeal.org says that he never went through Basic Underwater Demolition/Seal training, a requirement to become a Seal.
Both VeriSeal.org and AuthentiSEAL.org have been threatened with lawsuits but neither has actually been sued.
The FBI's Mr. Cottone works with several of these Web sites and says they do good work. "The worst punishment for these guys is to be exposed," he says of the fakers.
Challenges to the authenticity of a medal -- or to the event that led to the award -- can have devastating consequences. Adm. Jeremy Boorda committed suicide in 1996 after Newsweek magazine inquired about two combat decorations that were allegedly unearned.
For that reason, among others, some civilians find the zeal to unmask fake honorees disquieting; these critics compare the Web-site operators to vigilantes and wonder what all the fuss is about.
Even Pam Roach, a Washington state senator who in March 2004 spearheaded a new law that makes it a crime to profit by falsely claiming to be a military veteran, has some reservations about the Web sites. "Determining if someone served in the military is easy, but what's in the middle -- the medals and the honors -- is tough to prove," she says.
Retired Naval Cmdr. Paul Galanti, 65, has a different view. "With veterans having a difficult time getting treatment at VA facilities or, sometimes, jobs, it is infuriating to see those who freely inflate their worthless resumes with tales of heroism," he says.
Cmdr. Galanti, a member of the Swift Boat Veterans and P.O.W.s for Truth who questioned presidential candidate John Kerry's war record during last year's campaign, is a former prisoner of war in North Vietnam and is particularly interested in POWNetwork.org, a husband-and-wife-run Web site that exposes people who falsely claim to have been prisoners of war; he says the site fills a major void that should be occupied by several federal agencies.
But other federal organizations say the operators of these Web sites need to readjust their priorities. Neither the Military Officers Association of America in Washington, D.C., nor the Naval Special Warfare Command in Coronado, Calif., endorses the sites.
"We've got hot issues burning every day -- a lot bigger than some guy claiming to be a Seal," says Cmdr. Jeff Bender, public-affairs officer for the Coronado Seals headquarters.
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learn how to obey the "messy yard laws" of the city of phoenix enforced by the jackbooted thugs at the Phoenix Neighborhood Services Department. the classes will also be geared on asking you to snitch on your neighbors when they break the unconstitional messy yard laws. doesnt it this remind you of nazi germany?
http://www.azcentral.com/arizonarepublic/local/articles/0506phxbriefs06.html
Phoenix news briefs
May. 6, 2005 12:00 AM
Free classes discussing landlord, tenant rights
PHOENIX - Free classes exploring the rights and obligations of landlords and tenants, and city property codes are on tap for May through the city of Phoenix Neighborhood Services Department.
"Code Compliance Basics" will be held May 14 from 9 a.m. to noon at the Longview Community Center, 4040 N. 14th St. The class explores how city codes are used to define property maintenance and other neighborhood standards in Phoenix. The class is taught by a neighborhood inspector.
"Landlord/Tenant Workshop" helps property owners and renters understand their rights and responsibilities under the Arizona Landlord/Tenant Act. A Neighborhood Services Department Landlord/Tenant Counselor will serve as the instructor. The class will be held May 26 from 6 to 9 p.m. at Phoenix City Hall, 200 W. Washington, Assembly Room A.
Spanish translation services will be provided at all classes, if requested in advance. Register for classes by calling (602) 534-8444.
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http://www.prensahispanaaz.com/index.asp?id=814
Edición en línea - Principal
Edición: 709. Del 4 de mayo al 10 de mayo del 2005
Defienden matrícula consular
Librada Martínez
Luego de que la legislatura estatal aprobara la iniciativa SB1511, que prohíbe a entidades de gobierno aceptar la matrícula consular como documento válido de identificación, el Cónsul de México en Phoenix, Carlos Flores Vizcarra, entró en defensa de la identificación, confeccionada, dijo, por una compañía norteamericana con la más alta tecnología.
Aceptó que la decisión de los legisladores constituye un golpe a la comunidad mexicana, sin embargo, los consulados en Arizona continuarán expidiendo la matrícula consular toda vez que es “un documento histórico” que sirve para identificar a los mexicanos que viven en el exterior.
El diplomático reiteró que la matrícula es un documento que cuenta con más de siete candados de seguridad, visuales y ocultos, que la convierten en un documento confiable y seguro, de tal manera que 32 estados, 153 condados, mil 159 departamentos de Policía, 363 ciudades y 160 instituciones bancarias del país, la aceptan como documento válido de identificación.
“Vamos a ver qué dicen esas agencias ante esta pieza legislativa... tal vez hagan caso omiso y la sigan aceptando ante su valiosa utilidad”, dijo el cónsul.
Por otra parte, diputados hispanos enviaron una carta a la gobernadora para urgirle que ejerza su derecho al veto con el fin de evitar que la iniciativa se convierta en ley.
“Esta ley afectará a las corporaciones policíacas, porque la matrícula constituye una herramienta de identificación que ellos utilizan constantemente”, señaló el Diputado demócrata, Steve Gallardo.
De acuerdo con información del cónsul Flores Vizcarra, México ha expedido en Estados Unidos dos millones de matrículas consulares.
En Arizona, alrededor de 200 mil, 140 mil de ellas de alta seguridad, es decir, que cuentan con los siete elementos de seguridad que las convierten en un documento confiable y seguro.
El diplomático mexicano dijo que es necesario analizar las razones de fondo que propiciaron la iniciativa para prohibir el uso de la matrícula consular, entre ellas, el proceso de revisión “exhaustivísimo” de los documentos expedidos por gobiernos extranjeros a partir de los ataques terroristas del 11 de septiembre de 2001.
“Eso puso bajo escrutinio el tema de los extranjeros y los documentos que avalan su presencia legal o ilegal en este país”.
El cónsul dijo que otra de las razones es el aumento considerable de mexicanos en Estados Unidos, que las autoridades norteamericanas temen se queden aquí definitivamente. Cabe destacar que la iniciativa SB1511 llegó al escritorio de la gobernadora este lunes y tiene seis días para firmarla o ejercer su derecho al veto.
Víctor Soltero, Senador que representa al distrito de Tucson, dijo a PRENSA HISPANA que la prohibición de la matrícula consular constituye un intento más para hacerle la vida más difícil al inmigrante.
“Definitivamente no es una ley positiva. El objetivo es muy claro, hacerle imposible la vida al inmigrante en este país”, dijo.
Entrevistado al respecto, el demócrata Steve Gallardo comentó que la iniciativa es perjudicial, sobre todo para las agencias policíacas que la utilizan para identificar a connacionales como víctimas o como delincuentes.
El detective Antonio Morales, del Departamento de Policía de Phoenix, dijo que debido a que muchos detenidos o víctimas no traen identificación, la matrícula le puede servir a los oficiales para identificarlos, “aunque no es la única forma que utilizamos para identificar a detenidos o víctimas”, aclaró.
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http://www.azcentral.com/lavoz/front/articles/050405matricula-CR.html.html
Peligra la matrícula
Por Valeria Fernández
La Voz
Mayo 4, 2005
La matrícula consular podría dejar de ser utilizada como un documento de identificación por parte de municipios y agencias estatales si la gobernadora firma una ley que prohibiría la aceptación de esta y otros documentos extranjeros.
La ley SB 1511, que ya fue enviada al escritorio de Janet Napolitano, podría ser firmada tan pronto como el viernes de esta semana. Esta es la primera vez que la propuesta, que ya había sido sometida en otros años, logra salir triunfante de la Legislatura.
“Estamos esperando influir (a Napolitano) y decirle que piense en esto muy bien. Creo que está de nuestro lado y que no quiere hacer daño a los inmigrantes”, dijo el padre Charles Fitzsimmons de la Iglesia de San Mateo, y miembro de la Red de Interfé del Valle que ha protestado públicamente contra esta ley.
Sin embargo, ante las tensiones de la campaña electoral de 2006 hay quienes sospechan que Napolitano podría dar su visto bueno a la ley por presiones políticas.
De hecho, la propuesta de ley, que fue sometida por el senador republicano Dean Martín, no va dirigida solamente contra la matrícula consular mexicana, sino a cualquier identificación que no sea emitida por una entidad estatal o federal de este país, con la excepción de pasaportes y visas.
Es por eso que algunos de sus opositores aseguran que podrá tener un impacto negativo en los turistas que visitan el estado.
Si la medida se convierte en ley muchos inmigrantes indocumentados podrían tener problemas para contratar sus servicios de agua, obtener licencias de matrimonio, conseguir una tarjeta de una biblioteca, acceder a refugios de violencia doméstica o simplemente identificarse como padres en las escuelas de sus hijos.
Actualmente, según datos de autoridades consulares mexicanas, se estima que hay 170,927 personas que portan la matrícula consular en el estado de Arizona.
De acuerdo a Martin, la ley sólo afecta a las agencias del gobierno y no a negocios, como los bancos. Tampoco impactaría el uso de la matrícula consular para rentar un apartamento o para obtener un número de identificación del contribuyente, conocido como ITIN, con el que se pagan impuestos, según explicó Elías Bermúdez, activista y preparador de documentos.
“La verdad es que no entiendo. ¿Prefieren una persona no identificada a una persona que al menos se identifique con su país de origen”, dijo el activista Bermúdez.
Impacto a familias
Legisladores como el demócrata Pete Ríos dicen que esta ley afectará claramente a los niños y niñas ciudadanos cuyo bienestar estará en juego a la hora de que sus propios padres por ser indocumentados no cuenten con una identificación válida.
“Espero que la gobernadora tome esto en consideración”, puntualizó Ríos.
Lupita Hernández, una inmigrante indocumentada, contó que si no fuera por la matrícula consular en varias ocasiones no hubiera podido recoger a sus hijos en la escuela o en la parada del autobús escolar.
“El gobierno nos está amarrando de las manos al querer quitarnos la matrícula consular”, se quejó Hernández. “Al final ellos promueven la delincuencia y que haya que busca papeles falsos. No se dan cuenta de que no nos queda otro recurso”.
Decisión de municipios
Varios legisladores y activistas también han protestado de que el estado esté tratando de meterse en un terreno donde tradicionalmente han sido las ciudades quienes han decidido.
Hasta el momento documentos como la matrícula consular han sido aceptados por 10 departamentos de policía en el estado y 8 ciudades que incluyen a Mesa, Phoenix, Tempe, Scottsdale y Chandler.
“Tener la matrícula consular como una forma de identificación es mejor que nada, por lo menos tenemos una idea de quién es la persona”, dijo Tony Morales, detective de la Policía de Phoenix.
No obstante de acuerdo a Martín, creador de la ley, se harían excepciones para que la policía siguiera aceptando este documento en emergencias o en casos de crímenes.
“No estoy en contra de la Matrícula consular de México”, dijo Martin reconociendo una serie de mejoras que hacen de este documento más seguro. “Pero si esta ley logra que México, Guatemala, y Arabia Saudita mejoren sus matrículas consulares entonces habremos logrado nuestro objetivo”.
En desacuerdo con Martin varios legisladores han negado que las matrículas consulares se utilicen con propósitos terroristas.
“La realidad es que los terroristas no traían ninguna matrícula, tenían visas que se habían vencido. Es un pretexto falso que están promulgando para hacerle la vida difícil al inmigrante”, dijo el senador José Luis García.
Recientemente la matrícula consular de México ha sido reforzada con nuevos candados de seguridad que la hacen un documento todavía más difícil de falsificar. Asimismo, incluye datos biométricos de su portador, una fotografía y un sistema de barras de infrarrojo.
Además, el sistema de base de datos de la matrícula permite detectar posibles duplicaciones eliminando la posibilidad de que se expida este documento a alguien con una falsa identidad.
El documento es actualmente reconocido por 5 bancos en el estado incluyendo a Bank of America, Wells Fargo y Bank One.
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http://www.azcentral.com/arizonarepublic/opinions/articles/0507sat3-07.html
Wrong man for a badge in Chandler
May. 7, 2005 12:00 AM
Chandler's Merit Board voted unanimously last week to uphold the firing of former police Officer Dan Lovelace. It is the latest step in a drama that has played out over 2 1/2 years, since the day an Ahwatukee Foothills woman allegedly tried to fill a forged prescription.
It was a misdemeanor crime at most, but Dawn Rae Nelson, 35, ended up dead from a single bullet shot by Lovelace.
The Chandler Police Department fired Lovelace, a former Rookie of the Year, on Nov. 13, 2002, for excessive use of force in the Oct. 11, 2002, shooting at a drive-through pharmacy at Dobson and Warner roads.
A Maricopa County Superior Court jury found Lovelace not guilty on July 9 of second-degree murder in Nelson's death, and not guilty of endangerment for firing into a moving automobile in which 14-month-old Kenneth Nelson was strapped into a car seat.
With the criminal trial behind him, Lovelace went after his job. The police union has backed him, and the Arizona Peace Officers Standards and Training Board voted in November not to revoke his certification.
The Merit Board voted 5-0 to uphold the firing. The final step in the drama rests with City Manager Mark Pentz, who must decide whether to rehire Lovelace. We have no doubt that Lovelace always wanted to be a good officer.
Still, it is in the city's best interest to stand its ground and not rehire Lovelace. And it is the pragmatic decision also.
Unfortunately, in the span of three years, Lovelace's judgment contributed to two deaths and cost the city about $5 million. He is the most expensive officer in Chandler history.
If Lovelace is given a badge and gun, and another person dies, how much responsibility rests on the city? Lovelace's judgment during split-second decisions is questionable.
There is a pragmatic reason as well not to rehire Lovelace. He told the board that he cannot go anywhere in town without someone recognizing him and reacting negatively. "In the back of your mind you wonder if someone's going to cap you in the back of the head," he said during the hearing.
He has been unable to get a job other than cleaning grease from kitchen hoods and landscaping, he said. Some people have declined his services, he said, for fear neighbors would recognize him while he mowed their lawn.
How can he possibly be an effective police officer in Chandler?
The answer is, he can't. -Tuesday
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sure i hate the iraq war but out of control government nannies in public schools are almost as bad
http://www.azcentral.com/news/articles/0507phonecall-suspension07.html
Teen suspended over call from mom
Mother serving in Army in Iraq
Angelique Soenarie
Knight Ridder Newspapers
May. 7, 2005 12:00 AM
COLUMBUS, Ga. - Kevin Francois gave up his lunch break to talk to his mother, but it ended up costing him the rest of the school year.
Francois, 17, a junior at Spencer High School in Columbus, was suspended for disorderly conduct Wednesday after he was told to give up his cellphone while talking to his mother, who is deployed in Iraq, he said.
His mother, Sgt. 1st Class Monique Bates, left in January for a one-year tour.
"This is our first time separated like this," Francois said Thursday.
Bates enrolled her son at Spencer in August. Since her deployment overseas, Francois, whose father was killed when he was 5, lives with a guardian in Columbus.
The incident happened when Francois received a call from his mother at 12:30 p.m., his lunch break. Francois said he went outside the school building to get a better reception. A teacher who saw Francois on his phone told him to get off the phone. He refused.
The Muscogee County Board of Education's policy allows students to have cellphones in school but not to use them during school hours.
"They are really allowed to have those cellphones so that after band or after chorus or after the debate and practices are over they have to coordinate with the parents," said Alfred Parham, assistant principal at Spencer. "They're not supposed to use them for conversating back and forth during school because if they were allowed to do that, they could be text-messaging each other for test questions."
Francois said he told the teacher, "This is my mom in Iraq. I'm not about to hang up on my mom."
Francois said the teacher tried to take the phone, causing it to hang up. The student said he then went with the teacher to the office where he surrendered his phone.
Parham said the teen's suspension was based on his reaction when he was asked to give up the cellphone and told about the school's policy.
"Kevin got defiant and disorderly with Mr. Turner and another assistant principal," Parham said Thursday. "He got defiant with me. He refused to leave Mr. Turner's office."
Wendall Turner is another assistant principal at Spencer.
Parham said the student used profanity when he was taken into the office. He said he tried to work out something with the student. But Francois said he was too frustrated.
Francois admitted he was partly at fault for his behavior but said he should have been allowed to talk to his mother.
"I was mad at the time, but I feel now maybe I should've went about it differently," he said. "But I don't I feel I should've changed any of my actions. I feel I was right by not hanging up the phone."
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damn. i dont have a drives license and i dont have car insuranse. i would have never though of leaving the scene of an accident to avoid the state from seizing my uninsured car because i dont have insuranse or a license :) but i did think of buying my car in the name of a business, and saying i didnt own the car to keep them from seizing my car.
http://www.azcentral.com/arizonarepublic/opinions/articles/0507satlets2-072.html
New law risks unintended consequences
May. 7, 2005 12:00 AM
Regarding "Uninsured drivers, beware of new law" (Republic, April 20):
Gov. Janet Napolitano has signed a bill aimed at cracking down on uninsured and unlicensed drivers in Arizona. According to the article, "The measure requires the immediate impounding of the vehicle of any driver found at the scene of a traffic accident without auto insurance and a driver's license."
Although it would be interesting to know the reasoning behind targeting people lacking both insurance and a license, there is a bigger cause for concern. advertisement
I wonder if anyone has considered how this legislation will effectively encourage the very people who are being targeted for enforcement to leave the scene of an accident. We already have too many hit-and-run cases in Arizona.
Let's hope the legislators had the foresight to legislate a much-needed beefing up of the penalties for hit-and-run while passing this legislation. The only way to discourage the type of people who hit-and-run is to make it known that the penalties are much more severe than the penalties they would incur if they stayed and took their lumps for the original infraction.
Sam Messina
Glendale
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http://www.azcentral.com/news/articles/0507Mexico-ID07.html
Governor vetoes limits on ID cards
Bill targeted Mexico program
Elvia Diaz
The Arizona Republic
May. 7, 2005 12:00 AM
Gov. Janet Napolitano on Friday vetoed a bill that would have banned state and local governments from accepting Mexico-issued ID cards and all other foreign identification documents, such as passports.
Senate Bill 1511, which targeted the more than 102,000 Mexicans carrying the matricula consular cards in Arizona, would have required public entities to accept only IDs issued by Arizona, the federal government or an Indian tribe.
"Under this standard, no foreign government-issued documents - even passports - could be accepted or recognized by state and local government or law enforcement officials," Napolitano said in her veto letter to lawmakers.
Saying she had the support of people throughout the state to veto the bill, Napolitano noted that Arizona draws tourists from around the world who carry "reliable foreign government-issued identification."
"To say that Arizona law enforcement agencies cannot rely on, for example, a British passport for the purpose of identifying a London tourist makes no sense," she said, "and inappropriately hampers law enforcement's effectiveness."
Supporters of the bill had argued that foreign-issued cards, particularly the matricula consular, pose a danger to national security because the information and identities on them may be false. They also argued that terrorists could use the cards to establish themselves in the United States and acquire the services they need to live here until they could carry out an attack.
The matricula has become an essential part of the daily routine for increasing numbers of Arizonans, primarily undocumented immigrants who can't get an Arizona-issued ID card.
Reach the reporter at elvia.diaz@arizonarepublic.com or (602) 444-8948.
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Scottsdale Cops Need Teenagers to Brainwash
http://www.azcentral.com/arizonarepublic/local/articles/0507nebriefs07.html
Scottsdale/Northeast Valley briefs
May. 7, 2005 12:00 AM
Police academy seeking teens
SCOTTSDALE - If you're between the ages of 15 and 17, the Scottsdale Police Teen Academy is looking for you.
The academy, which is conducted like the department's professional training, is seeking northeast Valley teens to participate in the academy, which runs from 7 a.m. to 4:30 p.m. June 20-24.
Participants wear police uniforms and receive instruction from all areas of the department. The program is free.
For more information and an application, contact Christ Vassall at (480) 312-5050.
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interesting scam.
http://www.azcentral.com/arizonarepublic/tempe/articles/0507m-homedepotZ10.html
Arrest in scam at Home Depots
Senta Scarborough
The Arizona Republic
May. 7, 2005 12:00 AM
For months, Sergio Robert Rimola was a familiar face at Home Depot stores around the Valley, police said. Sometimes he went to three in the same day.
But police said he wasn't a good customer; he was a thief using an elaborate scheme to steal tens of thousands of dollars.
"He had an organized scam going," Mesa police Detective Rich Milburn said. "The daily average was about $1,000 profit."
The 43-year-old Chandler resident was arrested two weeks ago on suspicion of fraudulent schemes.
The arrest came about six weeks after Home Depot contacted Mesa police and provided information alleging that Rimola was shoplifting. Detectives started an investigation and conducted surveillance on Rimola.
Here's how police said the scam worked: Rimola would approach customers saying he could give them a discount if he paid for their merchandise. He would buy the goods with store credit. In return, the customer would give Rimola a lower cash amount and the receipt for the goods.
Rimola would then pay a homeless person to go into the store, gather the same items in a cart and walk out without paying - essentially shoplifting - because he had a "fresh receipt," police said. Rimola then would hire somebody to take the stolen goods to another store and return them for store credit, court records show.
Detectives said they watched Rimola make the offer to a customer who was buying an evaporative cooler at a Phoenix store. They said Rimola made the deal, got the cash, obtained a new cooler and later that day returned the stolen cooler for cash at a different Home Depot.
Milburn said the shoplifting problem is "beyond what the average citizen would believe."
"Stores lose thousands of dollars to shoplifters every day to professional rings and to the petty shoplifter," Milburn said. "We are trying to work as much as we can with the retail establishments to identify shoplifting rings and thieves."
Rimola has been arrested in the past for theft, DUI, domestic violence, assault and traffic violations, according to records. At the time of his arrest, he had several outstanding warrants, court records show.
Police said in three to four weeks Rimola made off with $30,000. He traveled around the Valley, including Scottsdale, Tempe, Phoenix, Chandler and Avondale. Police believe the scam has been ongoing for nine months.
"We are very proud," Milburn said. "We have stopped this guy from doing it again."
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man this 21 year old kid is a big time scammer :) watch out sheriff joe. this kid could replace you as a big time criminal
http://www.nydailynews.com/front/story/307292p-262882c.html
Student is fried in fraud
NYU undergrad busted in 43M plot
BY KATE MEYER, GREG B. SMITH and CORKY SIEMASZKO
DAILY NEWS WRITERS
Hakan Yalincak
A New York University student who should have majored in crime was nabbed yesterday for concocting a $43 million international bank fraud scheme, authorities said. Hakan Yalincak sobbed in a New Haven court after a federal judge ordered him jailed until a hearing next Thursday.
"I have a graduation on Wednesday," the 21-year-old math major wailed.
Yalincak allegedly deposited fake certified checks totaling $25 million into a Greenwich, Conn., account and $18 million into a Swiss bank account.
He then allegedly tried to cash in by transferring $2.5 million from the Swiss account to the bank account in Greenwich and withdrawing $1.7 million.
But bank executives - who had caught on to his scheme - froze the account and told authorities.
Yalincak, a Turkish citizen, faces up to 30 years in prison and a $1 million fine if convicted of the bank fraud charges. The suspect's parents - and NYU - may soon be crying, too.
In a separate civil case, Omer Bulent Yalincak and his wife, Ayferafet, are being sued by two investors who claim the couple and their son conned them into putting $2.9 million into a nonexistent hedge fund.
Some of the dough was part of a huge donation to NYU that the university hailed as a "remarkable $21 million gift from the Yalincak family," the suit states.
An NYU spokesman said the university has received $1.25 million of the gift and would return any ill-gotten gains.
The Yalincaks declined to comment at their expansive home in the tony Westchester town of Pound Ridge, where a Mercedes sat in their four-car garage. Federal agents searched the property yesterday.
"He's a smart kid," said Hakan Yalincak's lawyer, Robert Chan. "He has some gift in investing and people had confidence in him."
The stunning arrest comes seven months after NYU sent out a press release announcing the Yalincaks' donation to pay for an Ottoman studies professorship and a new home for the general studies program. NYU even pledged to name the general studies center after the family.
The alleged crook enrolled at NYU through its two-year general studies program before getting accepted into its more prestigious four-year bachelor's degree program.
"It's very shocking," said NYU student Jia Liu, 21. "He should go to jail."
Former student Tracey Herman, 22, laughed and said: "Obviously, they're teaching them something at NYU."
Investors Joseph Healey and Arthur Cohen have sued the Yalincaks and an alleged accomplice, charging they ripped them off by getting them to invest in a bogus fund.
Hakan Yalincak allegedly told the investors that after the fund rose to $5 million, his parents would kick in $20 million.
In February, the investors said, they were warned by a "law agency" to pull out the $2.9 million they'd invested. They tried, but got back only $1.1 million, they said.
The investors also claim the Yalincaks blew $68,000 on a Porsche and $57,000 at Tiffany's.
Investigators allegedly found that the $20 million check deposited by Yalincak's parents bounced.
With Kerry Burke
Originally published on May 7, 2005
http://www.chron.com/cs/CDA/ssistory.mpl/nation/3171310
May 6, 2005, 9:24PM
NYU senior accused of faking checks worth $43 million
By MATT APUZZO
Associated Press
NEW HAVEN, CONN. - A New York University student was charged with bank fraud after he deposited $43 million in bogus cashier's checks into Swiss and American accounts and tried to withdraw the money, prosecutors said Friday.
Hakan Yalincak, 21, also faces civil charges in connection with an investment scheme. Two investors sank $2.8 million into a nonexistent hedge fund and Yalincak is accused of spending the money on luxury items and university donations.
He wept in court as U.S. Magistrate Judge Joan Margolis ordered him jailed until a detention hearing Thursday. "I have a graduation on Wednesday," Yalincak said.
Yalincak, a senior mathematics student whose parents donated $21 million to NYU last year, deposited millions of dollars in fake certified checks, then shuffled the money around to avoid getting caught, according to an indictment unsealed Friday.
At one point, he had $25 million in Connecticut and nearly $18 million in Switzerland, prosecutors said. In March, Yalincak tried to withdraw $1.7 million, but the banks had frozen his accounts.
http://www.ny1.com/ny1/content/index.jsp?stid=1&aid=50678
NYU Senior Charged In $43 Million Bank Scam
May 07, 2005
A 21-year-old New York University senior has been charged in a $$43 million bank fraud scam.
Prosecutors say Hakan Yalincak deposited fake checks into bank accounts in Switzerland and Connecticut, then tried to withdraw the money.
Yalincak pleaded not guilty and is being held in a Rhode Island jail until a hearing on Thursday, one day after his scheduled graduation.
He is also being sued by investors who say he tricked them into investing millions in a nonexistent stock fund.
Federal investigators believe some of that money was donated to NYU.
Yalincak's parents gave the school $$21 million last year. NYU says it will investigate and return any money that was donated illegally.
http://www.nytimes.com/2005/05/07/nyregion/07student.html
N.Y.U. Student Faces Charges in a $43 Million Check Scheme
By THE ASSOCIATED PRESS
Published: May 7, 2005
NEW HAVEN, May 6 (AP) - A New York University senior was arrested on Friday and charged with concocting a $43 million scheme to shuffle bogus multimillion-dollar checks between banks in Switzerland and Greenwich, Conn.
Hakan Yalincak, 21, whose parents are major donors to N.Y.U., wept in court as Magistrate Judge Joan G. Margolis of the United States District Court ordered him held at Wyatt Detention Center in Rhode Island until a hearing on Thursday. "I have a graduation on Wednesday," Mr. Yalincak said.
Mr. Yalincak, a mathematics major from Pound Ridge, N.Y., whose parents donated $21 million to the university last year, spent months opening bank accounts under fake corporate names, then deposited fake certified checks for millions of dollars, according to an indictment unsealed on Friday.
At one point, he had $25 million in Greenwich and nearly $18 million in Switzerland, prosecutors said.
By the time he transferred $2.5 million from Switzerland to an empty bank account in Greenwich and tried to withdraw $1.7 million, bank executives had discovered the counterfeit checks. When told that his account had been frozen, Mr. Yalincak tried to close out his account and collect the entire $2.5 million, prosecutors said.
He is also being sued in civil court by investors who say he tricked them into investing $2.8 million in a nonexistent stock fund. According to court documents filed in that case, federal investigators think some of that money was donated to N.Y.U., where a professorship in Ottoman studies is named after Mr. Yalincak's parents, Dr. Omer Bulent Yalincak and Ayferafet Yalincak.
A spokesman for the university did not return a phone call seeking comment. Mr. Yalincak was arrested by United States Postal Inspection Service agents at his family's Pound Ridge home. His mother wept throughout Friday's hearing.
"Instead of going to her son's graduation in New York, she's going to be visiting her son at Wyatt," the detention center in Rhode Island, said a defense lawyer, Eugene Riccio.
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http://www.sun-sentinel.com/news/local/miami/sfl-delian07may07,0,3325308.story?coll=sfla-news-miami
Federal judge rules against demonstrators in raid to get Elian
Elián González protesters were tear-gassed
May 7, 2005
By Madeline Baró Diaz, Miami Bureau
Five years after Cuban castaway Elián González was removed from the Little Havana home of his Miami relatives in a pre-dawn raid, a federal judge has ruled against a group of people who said federal agents used excessive force when they tear-gassed them as they stood outside the home.
In a 19-page decision issued Friday, U.S. District Judge K. Michael Moore said the 13 demonstrators and bystanders failed to show enough credible evidence that federal officers' use of force during the April 22, 2000, raid was "unreasonable under the circumstances." The people had sued the government for $3.25 million, saying they had lingering injuries after they were sprayed at close range.
Moore excluded most of the original plaintiffs in the case, limiting the suit to those who were on their property or behind police barricades at the time of the raid. The conservative legal group Judicial Watch filed suit on behalf of most of the plaintiffs.
The judge also barred evidence of anti-Cuban bias and excluded testimony by former Miami Mayor Joe Carollo as irrelevant.
"We're upset by [the ruling]," said Tom Fitton, president of Judicial Watch. "Our client's testimony was clear that they were attacked without justification. The court is simply discounting it. It's another blow to the Cuban American community, who feel rightly aggrieved over the raid and the way they were treated during the raid, during the Gonzalez affair."
Fitton said the plaintiffs were considering an appeal.
U.S. Department of Justice attorneys argued that the tear gas the agents used was the minimum amount of non-lethal force needed to deal with a situation in which some of the people outside the González home were assaulting officers. "We're pleased with the ruling," Justice Department spokesman Bryan Sierra said.
Elián, who was 6 at the time of the raid, became a symbol for the Cuban-American community after he survived a shipwreck that killed his mother and several others as they tried to come to the United States. Many in the Cuban-American community, who fought government efforts to return him to his father, held demonstrations outside the home of his relatives in Miami.
A federal appeals court ordered the boy reunited with his father, and after the U.S. Supreme Court declined to hear the case they returned to Cuba.
The Associated Press contributed to this report.
Madeline Baró Diaz can be reached at mbaro@sun-sentinel.com or 305-810-5007.
http://www.guardian.co.uk/worldlatest/story/0,1280,-4988953,00.html
Judge Rules Against 13 in Elian Raid Suit
Saturday May 7, 2005 1:31 AM
By JENNIFER KAY
Associated Press Writer
MIAMI (AP) - A federal judge Friday ruled against awarding damages to 13 people who were tear-gassed by immigration agents during the raid to seize 6-year-old Elian Gonzalez in April 2000.
U.S. District Judge K. Michael Moore issued a 19-page decision saying that the demonstrators and bystanders failed to show enough credible evidence that federal officers' use of force during the raid was ``unreasonable under the circumstances.''
The 13 people had sued the government for $3.25 million, claiming they had lingering injuries after they were sprayed at close range while on their own property or behind barricades. Three neighbors testified that an agent gassed them without warning from 2 to 4 feet away as they stood alone in their fenced front yards.
But the judge agreed with the government's argument that officers did not use excessive force and that the plaintiffs failed to show that they were sprayed at close range. The April 22, 2000, raid led to the boy's eventual return to Cuba with his father.
Attorneys for the plaintiffs said they planned to appeal. A spokesman for the U.S. Attorney's Office in Miami declined comment.
Elian was rescued from the Atlantic Ocean on Thanksgiving Day 1999 after a shipwreck killed his mother and others trying to reach Florida by boat. The then-Immigration and Naturalization Service turned him over to relatives in Miami, who balked when the government decided he should go back to Cuba.
During the non-jury trial, Justice Department attorneys argued that the tear-gassing of bystanders was ``an unavoidable consequence'' in the frantic raid in a densely populated neighborhood that had been the center of the heated custody battle.
Judicial Watch attorney Michael Hurley called the gassing ``an overreaction'' and argued that agents went beyond the raid plan, which called for the use of gas only after an order was given to repel ``a mass breach'' of demonstrators at a barricade. He said no order was given, and there was no major breach.
``Our clients testified quite directly that they were assaulted without justification, many of them on their own property at the time they were assaulted,'' Tom Fitton, president of Judicial Watch, said Friday. The conservative legal group represented 12 of the plaintiffs.
A January ruling said that the use of gas during the raid was reasonable and allowed under Florida law. Originally 96 people filed suit, but only 13 plaintiffs' claims for assault and battery and emotional distress remained.
The Easter weekend raid snatched the screaming boy from a bedroom closet. Father and son headed home to instant celebrity and visits with Cuban President Fidel Castro.
To mark the raid's five-year anniversary, Elian, now 11, read a speech at a televised event in Havana. Castro was among thousands in the audience.
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there are some really mean 5-year-olds out there and a cop just has to protect himself and be safe. i have seen kids as young as 3 packing AK-47s and M-16s
http://www.channelcincinnati.com/news/4457741/detail.html
Police Officers Accused Of Handcuffing Child Suspended
Lawsuit Seeks $50,000
POSTED: 5:12 am EDT May 6, 2005
UPDATED: 1:21 pm EDT May 6, 2005
CINCINNATI -- Two officers have been suspended with pay during an investigation into the alleged handcuffing of a 5-year-old boy after a fight on a school bus, News 5 reported.
Police said Officers Douglas Snider and Kaneshia Howell were assigned to desk duty after the incident. Their guns were also taken from them.
A lawsuit filed last Friday against the bus company, police department and driver claims that Snider and Howell put the child in handcuffs "for an unreasonable amount of time."
Izell Finch's mother is asking for more than $50,000 in the lawsuit that also claims the bus driver improperly detained the boy. She is accused of grabbing the boy around the neck after he was struck by another child on the bus in January. The boy was a kindergarten student at the International College Preparatory Academy.
The child wasn't charged.
The bus company investigated and found nothing improper in how the fight was handled, said Pete Settle, president of Petermann bus company.
http://news.enquirer.com/apps/pbcs.dll/article?AID=/20050506/EDIT01/505060352/1020/edit
Friday, May 6, 2005
Handcuffing, response outrageous
Editorials
Handcuffs on a 5-year-old? Please, someone, give us a set of circumstances where it would ever be appropriate for police officers to do such a thing.
This is the sorry set of circumstances that prompted Cincinnati Police Chief Tom Streicher to suspend the police powers of officers Douglas Snider and Keneshia Howell this week. The two have had their guns taken away and have been assigned to desk duty while the department conducts an internal investigation into how they dealt with Izell Finch at his school bus stop Jan. 13.
The child's mother, Mekel Finch, filed a complaint through the Civilian Complaint Authority the day after the incident happened. A police supervisor investigated and later told her the complaint was sustained and notices of inappropriate behavior would go into the officers' personnel files.
But no one reported the matter up the chain of command. Streicher and City Council didn't find out that city cops had cuffed a kindergartner until after the mother filed a civil suit last Friday, against the city, the officers and the Petermann school bus company, alleging assault and false imprisonment.
The suit claims the child was punched by another student as he got off the bus, prompting the driver to hold Izell on the bus while police were called. The suit says he was hiding under a bus seat when the officers arrived. They took him off the bus and put him in cuffs, but never arrested him.
The suit doesn't say what prompted the action against Izell, but it does say one officer threatened to cuff him to a stop sign and leave him there if he caused any more trouble.
Imagine how you would feel if two adults threatened to chain your child by the side of the road and abandon him, and you will have an idea of the outrage that prompts a lawsuit like this one.
We wonder how these officers would react if they responded to a complaint at a home and found adults had handcuffed a 5-year-old to the furniture.
The Civilian Complaint Authority was created in 2002 to improve police-community relations by providing a system to handle civilian complaints about police conduct. For such a system to have credibility, the public must believe their complaints will be heard and relayed to those with the authority to see that appropriate action is taken.
A "note-in-the-file" response to such treatment of a child as in this case, and the failure to report the matter to higher authorities, just reinforces the fear that the police can't be trusted with investigating themselves. Potentially volatile incidents need to be reported quickly up the chain of command to ensure that punishment is appropriate and that policy is changed if needed.
The way this case was handled isn't the way the city should respond to potentially volatile situations. When problems occur, they need to be reported to top officials promptly. Otherwise, the city and the Police Department are the ones left handcuffed when it comes to dealing with justifiably angry citizens.
<#==#>
now thats good news. cops loose track of 539 victimless drug war crimes
http://www.dailystar.com/dailystar/dailystar/74037.php
539 county drug cases dismissed
They were among hundreds forgotten by police, prosecutor says
By Kim Smith and Becky Pallack
ARIZONA DAILY STAR
Pima County prosecutors and law enforcement agencies lost track of hundreds of drug possession cases during the last four years, allowing more than 500 suspects to escape prosecution.
Officials with the Tucson Police Department and the Pima County Sheriff's Department were dismayed this week when they received a letter from Deputy County Attorney Tom Rankin announcing the dismissals of 539 felony drug cases.
Nearly 300 of the cases were Tucson Police Department cases, some as old as 2001, said police Capt. Kevin Mayhew.
Another 141 were Pima County Sheriff's Department cases. The rest were from other law enforcement agencies.
News of the case dismissals angered several neighborhood leaders.
The cases were among hundreds that had been sent back to detectives for follow-up interviews or were awaiting crime lab results and were then forgotten, said Pima County Attorney Barbara LaWall on Friday.
There are more than 10,000 cases filed with her office every year and when one considers 250 cases are filed every month with the narcotics unit, the number of dismissed cases is small, LaWall said.
Moreover, 85 to 95 percent of the dismissed cases were for possession, LaWall said. None involved large investigations or serious offenders. "This is not an enormous, huge problem," she said.
Rankin discovered the uncharged cases in September, reviewed them and requested follow-up investigations when appropriate, LaWall said. The rest were dismissed because there was no likelihood of conviction or they were mandatory probation cases.
"There wasn't a system in our office to notify (prosecutors) 'Hey, time's passed. What happened to this case?' and I'm assuming the Police Department didn't have a tracking system either, to say, 'These are the cases we're supposed to bring back to the County Attorney's Office,' " LaWall said. "Nobody had a formal tracking system. We now have a formal tracking system."
The dismissals angered Dora Dalton, former vice president of the Barrio Anita neighborhood group, bordered by Speedway on the north, Granada Avenue on the east, Interstate 10 on the west and St. Mary's Road on the south.
"We might as well give these criminals the keys to our homes and the keys to the city and let them run it," Dalton said.
"We have had a drug problem in our community and we are very good about communicating with the police to let them know what is going on, where the drug houses are and who the drug dealers are. Now that they are dropping all of the cases, people might not want to report anything because it will seem like a waste of time if nothing is going to come of it."
Blanche White, secretary of Oak Flower Neighborhood Association, agreed. The neighborhood borders are Glenn Street on the north, Columbus Boulevard on the east, Alvernon Way on the west and Grant Road on the south.
"I don't see how we can accomplish anything if they keep turning them loose. It is just frustrating for everybody involved," she said. "We are trying to clean up our neighborhoods, but we can't do that if these people are being let off of the hook."
Police officials said they were confused after receiving the letter from Rankin, telling them of the dismissals and outlining a new policy that should solve the problem.
"The letter gave us the impression our follow-up (investigation) was substandard and therefore the cases are being dismissed," Mayhew said. "If there was this problem with our follow-up investigations, why wouldn't we be consulted, asked about it?"
Still, Mayhew said the Police Department is looking at its detectives' actions to see what role, if any, they played in the problem.
"If we've done something wrong, we need to fix it," said Mayhew.
The problem was the lack of the case-tracking system in the county attorney's narcotics unit, not the follow-up investigations, LaWall said. There isn't anyone to blame, she said.
Other units in her office, such as homicide, do have their own tracking systems, she said.
"It was a system failure," LaWall said. "When problems happen on an airplane, the machine doesn't work right, you can't just start blaming people, you just fix it. You fix it and you make it run right. Blame is pretty useless."
Prosecuting drug offenses remains a high priority for her office, LaWall said.
"Neighborhood drug matters are a big matter for this office, for law enforcement. I've got a prosecutor dedicated to dealing with community, quality of life crimes," LaWall said.
LaWall acknowledged the situation could have been handled differently, however. Instead of sending the letters, her office should have sat down with law enforcement commanders to discuss it.
She planned to meet with Tucson Police Chief Richard Miranda Friday, and Chief Criminal Deputy David Berkman has spoken with George Heaney, Sheriff's Department bureau chief.
Heaney said the Sheriff's Department didn't interpret the letter as placing blame on detectives, but sheriff's officials were surprised they weren't asked for input on cutoff dates and dismissal guidelines.
LaWall said that if anyone in law enforcement believes the cases that were dismissed are prosecutable, her office will review them.
To ensure the problem doesn't crop up again, LaWall said detectives will receive documents every 30, 60, and 90 days outlining what materials are still needed by prosecutors. Their supervisors will receive copies of those documents at the 60- and 90-day marks.
Gone are the days when prosecutors and detectives had small caseloads and saw each other frequently enough to remind each other of the status of their cases, LaWall said.
The growth of the county is hampering the County Attorney's Office in other ways as well, LaWall said.
Right now, there is a backlog of 236 domestic violence cases awaiting review by prosecutors, LaWall said. No arrests will be made in those cases unless or until charges are filed.
None of them are beyond the statute of limitations now, but prosecutors are very mindful of that deadline, LaWall said.
The eight prosecutors who work in her misdemeanor unit handle 4,200 cases a year each, LaWall said. City prosecutors, by comparison, handle 2,200 cases each annually.
● Reporter Alexis Huicochea contributed to this story. ● Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com. ● Contact reporter Becky Pallack at 629-9412 or bpallack@azstarnet.com.
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http://www.thevillager.com/villager_105/criticalmasstriesnew.html
Volume 74, Number 52 | May 04 - 10 , 2005
Colin Moynihan, a New York Times reporter, being arrested by Tompkins Sq. Park while covering last Friday evening’s Critical Mass ride.
Critical Mass tries new tactics, but not the police
By Lincoln Anderson
The monthly Critical Mass started out differently than usual last Friday night. There was a rally for cyclists’ civil rights, followed by a blessing of arrested cyclists. And instead of one big departure from Union Sq., the riders left from four different sites. But the city’s response didn’t change: Police showed no signs of backing down from their hard-line stance, making 34 arrests.
The night also saw what some called a “standoff” between East Villagers and riot-gear-clad police officers at E. Sixth St. and Avenue A, where police handcuffed and briefly arrested a New York Times reporter.
Before the ride, a “Still We Speak” rally was held in Union Sq. in response to the city’s recent court action to try to bar four members of the Time’s Up! group from publicizing Critical Mass.
“We submit bike riding without a permit is not unlawful,” said civil rights attorney Norman Siegel at the rally.
Siegel said they plan to file a counterclaim in state court next month against the city’s lawsuit against the bicyclists. The city is arguing that Critical Mass needs to get a permit to ride and a permit to gather in the park. Siegel said they’ll continue to hold rallies before the monthly rides.
“We have to say, ‘No way. We have a right to be here. We have the right to speak,’ ” he said. “Critical Mass will not stop.”
Councilmember Margarita Lopez, who represents Union Sq., the riders’ usual departure point, and other areas of Downtown that the unscripted Critical Mass events often travel through, announced she is introducing four pieces of legislation to close administrative code loopholes police are using to arrest the bikers.
“We know that in this country selective use of the law is not acceptable,” Lopez said. “All of these pieces of legislation I’m looking into have one thing in common — it’s protecting the Constitution, the right to ride bikes, the right to stand in here [Union Sq., a city park]. The right to private property — you can’t even lock your bike [without police cutting the lock].” Lopez vowed not to allow “a single loophole” to remain.
In blessing the cyclists, Reverend Billy preached, “You’re pedaling your bodies out into a city that has forgotten the First Amendment.” He prayed to “the goddess that knows how to fix bicycles” for their safety.
Police presence around Union Sq. was heavy. But the cyclists had already planned to split up and also depart from three other points — Tompkins Sq., Washington Sq. and Madison Sq. Word got out that police were waiting out of sight around Union Sq. and planned to “arrest everyone with a bicycle” in the square. A line of police mopeds were parked in front of Barnes and Noble on 17th St. as a loudspeaker truck warned riders they would be arrested for “riding in a procession without a permit.”
The group of cyclists that left from Madison Sq. cruised east then down through the East Village and across to the West Village. Moods were high as police were nowhere in sight. There was some opportunity to enjoy spinning through the city and comment on the scenery, though not all of it inspired positive reactions.
Zack Winestine, a Greenwich Village community activist, could be heard fuming about a “monstrosity” as the group passed the new, mirrored-glass Gwathmey-Siegel tower on Astor Pl., angrily muttering that a version of it was now being slated for the Greenwich Village waterfront.
“This is where Edgar Allan Poe got his morphine and laudanum fix — the Northern Dispensary,” announced Matt Levy, as they whizzed along Waverly Pl. “It’s my job to know this stuff. I’m a tour guide,” said Levy, sporting a kaiserlike moustache and a Tyrolean hat.
Joel Pomerantz, a mural organizer from San Francisco, said he delayed his flight to Europe for an extra day so he could ride in the New York City Critical Mass. He’s been riding in the San Francisco Critical Mass since its start in 1992, he said. About five years ago, police there gave up trying to rein in the ride and realized it was easier to just let it happen, he said.
“They just have a few police ride along at the end — to show they have some control,” he said.
The group spread out across avenues, forcing cars to slow down for several blocks, then peeled off onto sidestreets. But as a bus came up behind them, there were yells of “Bus! Left! Left!” and they opened a way for mass transit to get through. The rides block traffic to send a message that bikes have a right to safety on the road, and to feel powerful, too. There was a report of one cyclist being rammed by an angry motorist during the event, but the biker was uninjured.
On Hudson St., the Madison Sq. group merged with the Washington Sq. group to cheers — the bikers communicate by cell phone and text messaging to keep track of their own and the police’s whereabouts. Then they headed Uptown, all the way to Columbus Circle, which they rounded twice, while shouting “Stop Shopping! Start Biking!” as they flew past the Shops at Columbus Center in the AOL Time Warner Building. “Stop Eating! Start Biking!” they called out while speeding by restaurants.
But things began to be less fun in East Midtown after three undercover officers on bikes tailing the ride radioed for police mopeds to cut off and trap the Critical Mass at 46th St. and Madison Ave. The pack was broken up and smaller groups of riders headed back Downtown, with arrests being made as police picked off riders at various locations.
Obert Wood, a banker who lives in the East Village, said when they fled the police at 46th St., the officers yelled at them, “What are you doing, girls?” Not very professional, he and a few other riders with him who had managed to elude arrest, thought.
Earlier, Colin Moynihan, a Times reporter, was arrested after he had been standing at E. Sixth St. and Avenue A interviewing someone while covering the story. According to John Penley, an East Village activist who witnessed the event, an officer shoved Moynihan as police were clearing the corner and Moynihan asked for the officers’ badge number three times, after which a group of officers threw him on top of a police car trunk and handcuffed him.
Moynihan, who was released without any charges, declined comment.
Penley claimed he had started things by yelling at police after he saw them walking an arrested biker up Sixth St. Penley said right before that he’d seen three vans full of police roar up Avenue A and almost hit people, and he became indignant at the idea of hundreds of police chasing around the cyclists. Soon a crowd of East Villagers were shouting at the police, he said.
“Actually, it was me that started the whole thing going over there,” Penley said. “I started yelling at the cops about what a waste it was of our tax dollars to have vanloads of cops and helicopters following people around the neighborhood — and that people like the bikers in the neighborhood. It was just yuppies and old ladies yelling about it. People clearly see it as a big waste of time and money and don’t support it.” Apparently some police might agree: “A white shirt [supervising officer] came over and told me, ‘I’d rather not be doing this,’ ” Penley said.
Penley said three or four vanloads of police came in quickly and cleared the corners, during which Moynihan was “shoved pretty hard.”
Meanwhile, Alina de Laforcade, an artist whose boyfriend runs Holyland grocery store on St. Mark’s Pl., said that in Paris — as in San Francisco — the city is taking a more cooperative approach to a mass, human-powered event. Every Saturday in Paris, she said, “20,000 people” rollerblade around the city, up and down the Rue St. Germain and Champs Elysees, in a giant pack and that police facilitate it.
“The police, like, stop traffic so this group can go and rollerblade,” she said, as she showed some of her psychedelic, black-light murals to Noah Rider, a member of the St. Mark’s Pl. Art Commune. “So you have a car, you have to wait five or 10 minutes. But it’s fun to see — 20,000 rollerbladers. C’mon, hello!,” she said, as if to say this was obvious.
But New York isn’t Paris, it’s not even San Francisco, and under the Bloomberg administration the police are still chasing Critical Mass.
Speaking of Bloomberg, Bill DePaolo, a Time’s Up! member, was giving out stickers at the start of the ride: “I Bike and I Vote,” they said.
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nothing is too good or expensive for government employees. of course congress critters are in a whole other special class
http://www.azcentral.com/news/articles/0508pentagon-drugs08.html
Pentagon cost-cutting hits drugs
U.S. dropping Nexium for cheaper pills
Ceci Connolly
Washington Post
May. 8, 2005 12:00 AM
WASHINGTON - Beginning this summer, nearly 140,000 active and retired military personnel and their family members will find that the Pentagon has stopped picking up the tab for their Nexium, the blockbuster heartburn drug marketed as the "healing purple pill."
It is the first time the Defense Department has decided for financial reasons to drop a licensed medication, and a harbinger of many difficult choices Pentagon officials envision as they try to rein in a $5 billion-a-year pharmaceutical budget that has exploded by 500 percent in the past four years.
Taking a cue from the corporate world and a direct order from Congress, the Pentagon is in the early stages of implementing a program that discourages use of expensive "me, too" medications that have been found to provide no major medical advantage and yet are priced significantly higher than competing drugs.
This mini-rebellion against a drug that generated $4.8 billion in U.S. sales last year is part of the more aggressive tactics health care purchasers are employing in the ongoing battle over soaring medical bills.
"Nexium is not worth the money, period," said Mike Krensavage, a pharmaceutical industry analyst at Raymond James Financial.
"It's pretty dubious to pay $4 a pill for Nexium when you can get over-the-counter Prilosec for 67 cents."
By switching patients from Nexium to one of four cheaper medications for heartburn and ulcers, the Pentagon expects to save "many tens of millions" of dollars a year, said William Winkenwerder Jr., assistant secretary of defense for health affairs.
He also intends to tighten access to the more expensive versions of drugs that treat such illnesses as skin infections, hypertension and erectile dysfunction.
For decades, private employers, insurers and some state Medicaid programs have refused to pay for some pricey medications by creating a preferred drug list, or formulary. Long ago, major insurers such as WellPoint and Kaiser Permanente refused to put a host of copycat drugs, including Nexium and the antihistamine Clarinex, on their preferred lists.
But for the military, which until now has covered virtually every legal medication, the decision to drop the "new purple pill" represents a cultural shift. After providing unlimited, gold-plated medical care for 9 million members of the armed services and their families, Pentagon leaders suddenly must contend with the same financial burdens that have prompted many small businesses to drop health insurance entirely and large corporations such as General Motors to contemplate equally drastic steps.
When patients complain of severe heartburn or acid reflux, they frequently ask for Nexium by name, said Lt. Cmdr. Robert Catania, a staff surgeon at the National Naval Medical Center in Bethesda.
"A lot of people will say, 'I heard Nexium is the best drug, so that's what I think I should be on,' " he said, noting that the comments mimic almost verbatim Nexium's ubiquitous commercials. He tries to steer patients toward cheaper alternatives.
But with 25 million Nexium prescriptions written in the United States last year, Catania said, it is obvious few doctors resist pressure from patients and drugmaker AstraZeneca.
"My mother went to her primary-care doctor with heartburn, and he gave her Nexium right away" when Tums might have sufficed, Catania said.
AstraZeneca spokesman David Albaugh disputed assertions that Nexium is effectively the same as other proton pump inhibitors.
"Nexium is more effective at controlling acid and better in healing acid-related damage," he said in a statement. "More patients have better acid control with Nexium than with other branded medications of its type."
As of July 17, people insured by the Pentagon will be offered the four other heartburn drugs - Zegerid, Protonix, Aciphex and Prevacid - for a $9 co-payment per prescription.
Patients, with the backing of their physicians, can request an exemption if the other drugs fail to bring relief and only Nexium works. Or the patient can pay the Pentagon's negotiated price of $22, still a bargain compared with the retail price of more than $120. And the military will save money not only by dropping Nexium but also as a result of lower prices offered by AstraZeneca's competitors, Young said.
AstraZeneca spokesman Albaugh said the company did not bid on the military contract because the Pentagon based its decision "exclusively on price."
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http://www.azcentral.com/arizonarepublic/opinions/articles/0508sunlets089.html
Did terror alert end with election?
May. 8, 2005 12:00 AM
When Homeland Security Secretary Michael Chertoff was in Arizona last week, I wish he would have reminded us what color we are at on the terror-alert scale, because I've forgotten.
I haven't heard since before November's presidential election.
Brian Kennedy
Tempe
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governments pretty much always lie to their subject to get them to obey
http://www.azcentral.com/news/articles/0508nakamura08.html
Activist driven by memories of WWII
Takehiko Kambayashi
Christian Science Monitor
May. 8, 2005 12:00 AM
NAHA, JAPAN - Fumiko Nakamura, a 91-year-old former public school teacher, can't shake the profound remorse she feels for the loss of her students during one of the bloodiest battles of World War II.
Before Okinawa, a subtropical island in the Pacific, was turned into a killing field 60 years ago, Nakamura used to exhort her students to fight for the emperor and for the state. Her students were among more than 200,000 people, including 12,520 Americans, who perished during the Battle of Okinawa, which started in March 1945.
She is deeply ashamed of her involvement in the war.
"I will carry this sin as long as I live," she said.
But her shame hasn't kept her silent. Ever since the war, this diminutive woman has fought for peace, protesting U.S. military presence here, and becoming a pacifist icon.
As Japan expands its military roles abroad, her voice has grown louder.
"I see certain parallels between present situations in Japan and in the prewar period," she warns.
Nakamura grew up under a totalitarian ideology in the 1930s. "We were indoctrinated . . . with patriotic songs, slogans, and army propaganda," she recalled.
Nakamura says she once lived without freedom of speech, so now she values that freedom.
Since 1986, Nakamura has been a director of the Okinawa Historical Film Society, a group in Naha, the island's capital. In the 1980s, the organization bought unedited footage of the Battle of Okinawa from the National Archives in Washington.
The group presented the resulting videotapes around the world.
After a showing in Hawaii, one elderly woman told Nakamura that she had been reluctant to see a "Jap movie" about the war. Seeing the suffering of Okinawans, however, had changed her mind. "You should show this all over the world," she told Nakamura. Nakamura later presented the film to the United Nations.
Today, Nakamura devotes much of her energy to protesting the presence of the U.S. military in Okinawa.
U.S. bases make up 20 percent of Okinawa's mainland. American forces here remain central to the U.S. security strategy in Asia.
"We have been troubled by problems stemming from the (U.S. military) presence," she said, stressing that she is not anti-American, but anti-military and anti-war.
Concern about the U.S. military presence here flared up in 1995, when the rape of a 12-year-old Okinawan by three U.S. servicemen incurred the wrath of islanders.
Many Okinawans share Nakamura's sentiment, but others welcome the economic boost the bases provide.
For instance, the city of Nago in northern Okinawa, lured by lucrative government subsidies, accepted a plan to construct a gigantic offshore U.S. military facility on the pristine sea.
The construction, however, has been opposed by locals and environmentalists.
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http://www.azcentral.com/news/articles/0508prisonaging01.html
Aged inmates' care puts stress on state
May. 8, 2005 12:00 AM
Arizona's prison inmates are getting older, sicker and they are staying behind bars longer, driving up health care costs that have to be shouldered by taxpayers.
The state is already spending nearly $36 million a year more on health care than it did a decade ago. And the influx of aging inmates is just beginning. By 2009, more than 2,000 graying inmates, or double the number housed in 1998, will be eating up precious health care dollars in Arizona prisons.
Inmates like Gene Garrett can't be denied medical care for the chronic ailments that are a natural part of growing old. Garrett is 74 years old, arthritic and on crutches. Eight months ago, he had a heart attack, and doctors put a stent in his heart. He takes 18 pills a day.
The state pays all Garrett's medical bills. "All the meds and everything," he said. "I'd hate to pay for it right now with all the pills I'm taking. And that stent doesn't come cheap."
Arizona, with more than 32,000 inmates, mirrors a national problem, as its prison health care allocations have increased 78 percent in the past decade. And because aging inmates, those 55 and older, can cost three times as much to care for as younger inmates, experts warn they could potentially bankrupt some of the nation's already cash-strapped prison systems.
Officials blame longer sentences and truth-in-sentencing guidelines that virtually abolished parole. Greater numbers of inmates also are coming into prisons older or serving lengthy sentences for murders and sex crimes. In addition, society in general is getting older and people are living longer, a trend reflected in the prison population.
All this means states across the country are scrambling to find ways to offset mounting medical expenses racked up by older inmates or grappling with adopting early-release programs for elderly inmates and those who are chronically or terminally ill.
At least 16 states provide special housing units for geriatric inmates, and soon Arizona will join more than two dozen states that operate hospice facilities inside prisons to provide end-of-life care at a reduced cost.
"This population is growing so fast we can't keep up with it," said Rod Norrish, facility health administrator at the Arizona State Prison Complex-Eyman in Florence. "We have to face it. It's getting to the point where it's difficult to manage from a health standpoint."
13 years to serve
Just a decade ago, when Garrett first came to prison, he was running every day in the yard and lifting weights. Then the cramps started in one leg. Then in both legs. Now, the arthritis in Garrett's hip is so bad that some days he can't even walk to the chow hall, a distance of about a city block, without stopping to massage the pain.
"It sneaks up and hits you right between the eyes," Garrett said from the Eyman prison, where he still has 13 years to serve for sex crimes.
"You just happen to be here when it hits."
Correctional officials are required to provide inmates the same level of care they would receive in the community, even if it means forking over $1,000 for an oxygen tank, hundreds of dollars for a wheelchair or $50,000 a year for kidney dialysis. Then there are hospital costs for surgeries, medications and staff costs to pay the doctors and nurses needed to care for aging and ill inmates.
"You're looking at the same issues (as in the community), and now we're having to deal with them here," said Kai Jones, a correctional registered nurse at the Arizona State Prison Complex-Tucson. "We're having to look at assisted living, end-of-life and nursing homes. These people have the same needs. They're just incarcerated. We have to meet those needs."
But prison inmates age even faster than people on the outside. A lifetime of poor diets, drug and alcohol abuse and violence, coupled with the stress of prison, triggers the earlier onset of chronic and geriatric ailments. Often, an inmate's physiological age is 10 years older than his chronological age. As a result, 55 is considered elderly in prison.
"You just have to look at the inmates and say, 'Wow, you're only 55,' " said Warden Judy Frigo, who oversees the Arizona State Prison Complex-Florence. "They've had a pretty hard life."
In the coming years, record numbers of graying inmates will struggle with typical aging maladies such as mobility issues, worsening eyesight, arthritis, seizures, respiratory problems, cancer, dementia, diabetes and heart disease. Inmates need dialysis, and two men, ages 41 and 53, are awaiting liver transplants. Some are hard of hearing. Others need daily oxygen.
"It's shifting to more incapacitated people," said Gene Greeley, facility health administrator at the Florence prison complex. "It's getting older, and it's getting more acute or intense or complicated."
Arizona, like many states, has mandatory sentencing laws and requires inmates to serve 85 percent of their time before release, essentially keeping more people behind bars for longer.
Currently, the state houses 1,569 inmates age 55 and older, slightly less than 5 percent of the prison population. Nearly half were 55 or older at admission. More than two-thirds are serving time for violent crimes.
Behind bars longer
Population projections indicate the number of elderly inmates will jump to 2,035 in 2009, outpacing overall prison growth. In fiscal 2004, Arizona appropriated $20,174 per inmate regardless of age. National estimates place the annual costs for elderly inmates at about $70,000.
"Most states are going to hit a wall due to this phenomenon," said Jonathan Turley, a law professor at George Washington University and founder of the Project for Older Prisoners. "The sooner you begin to deal with it, the less you'll have to spend. Arizona is not going to be an anomaly. Arizona is going to have the same problems as other states."
Take David Romero, who serves his sentence in Housing Unit 8 at the Florence prison. The unit is about the closest thing Arizona has to a nursing home behind bars.
Older inmates and those with chronic and terminal illnesses tend to be found in greater concentrations at the Florence and Tucson prisons because those facilities are closer to hospitals and medical specialists. The prisons also offer special housing wings for disabled inmates, where bed space is wider, there are no bunk beds and showers are modified for wheelchairs.
Romero, 61, uses a wheelchair. Elephantiasis he says he contracted while serving as an Army Airborne Ranger during the Vietnam War has left his right leg so swollen and shapeless he can't put a sock on his foot.
Nearly eight years ago, when Romero first came to prison for selling drugs, his leg was already oozing, but he could still walk on it then. He has been in and out of the hospital, and now his kidneys are failing. Three days a week, Romero goes to dialysis. He figures his condition is so chronic that if he was free, he would be in a hospital.
"My health just keeps going downhill," Romero said. "Guys like me . . . we're costing people a lot of money."
High need, demand
Arizona prison officials say aging inmates, like older adults who are not imprisoned, utilize a disproportionate amount of the costliest health care services. Last year, nearly 800 inmates age 55 and older were enrolled in chronic care clinics; 213 were hospitalized for a total of 1,901 days.
"We've got more people who have more kinds of debilitating conditions than does the general public," Corrections Director Dora Schriro said.
"In general, our population is high-need, high-demand. It's an expensive group to manage. If you narrow the focus to people whose mobility begins to be impacted, whose health care costs go up, whose security needs may start to change, it starts earlier, so it's a bigger group with potentially larger costs."
That reality has fueled debate about whether states should continue to lock up elderly inmates or structure sentences to allow certain non-violent offenders to be released on home arrest, a move that could alleviate runaway health care costs. It also would eliminate state costs to feed, house and guard aging and ill inmates.
Some states have begun offering medical parole for non-violent elderly inmates who are suffering chronic illnesses. Arizona does not. And although this state does allow "compassionate release" for inmates near death, they are rare. Since 1992, Arizona's Board of Executive Clemency has heard 12 such requests; nine were granted.
"There are some inmates, no matter how sick they are, that still provide real risks to the public," Schriro said.
Officials caution that the cost-saving benefits of releasing aging or ill inmates have to be carefully weighed against public-safety risks and the need to make sure justice is served.
Although recidivism studies indicate inmates 55 and older are far less likely than younger inmates to continue to commit crimes, releasing them is still not a popular option. States that do allow early releases generally stipulate inmates must be physically incapacitated or suffering from an illness so debilitating that they are incapable of presenting a danger to society.
"Being tough is very popular. Everybody wants to be tougher than the next guy. For me, it's a cheap trick. They don't look ahead," said Herb Hoelter, director of the National Center on Institutions and Alternatives.
"This is really a sleeping giant. And it's going to wake up one day, and people are going to say, 'Oh, no. What did we do here?' "
Arizona's system is already struggling. Prison health officials say they've largely hit their maximum bed capacity for aging and ill inmates. Some inmates already stay longer than they need in costlier hospital units, guarded by corrections officers, because there aren't enough beds to care for them inside prison.
Inmates who need 24-hour nursing care can go to "inpatient care" units, but the bed space is limited.
At the state's only nursing-home-type facility, Housing Unit 8 in Florence, "we are approaching a waiting-list concept," Greeley said. "We've had days when I can't get you in a bed."
Getting costs down
From 1998 to 2003, health care allocations made up an increasingly larger part of the state's overall prison budget. By 2003, health care costs accounted for nearly 14 percent of the budget. However, in the past two years, health care appropriations have dropped as Arizona officials expanded their telemedicine program, which allows for videoconferencing between inmates and doctors, and consolidated its pharmacies.
The state also has formed an interagency agreement with the Arizona Health Care Cost Containment System to help negotiate lower hospital rates.
Inmates are being reclassified, and when the process is complete at the end of the year, officials will have a better idea of the custody needs of specialty groups like the aging and chronically or terminally ill.
It's too soon to tell if the efforts will be enough to compensate for the expected growth in the elderly prison population.
In the meantime, prison officials are becoming more aggressive about inmate health education, and inmates now eat a high-fiber, low-fat, low-salt diet designed to promote health. Officials also are looking at training inmates as aids for the sick and elderly to ease costs.
At the Tucson prison, six new "inpatient care" beds are being added, and a former group-therapy room is being remodeled into a four-bed hospice facility. An adjacent room will provide two more hospice beds.
Officials say the hospice program will provide tremendous cost savings for the state. Inmates who just need comfort in their last days no longer will rack up thousands of dollars a day in hospital costs.
"With tougher parole throughout the U.S. and different sentencing guidelines, I figure that we're going to have more people dying in prison," said Jim Clenney, facility health administrator at the Tucson prison.
"We're trying to follow the same offerings that the private world has as far as allowing people to die with dignity. It's the right thing to do."
Bill Gause, who has spent half his lifetime behind bars, expects to die in prison.
Now 72, Gause came to prison in 1969 for killing his estranged wife. Years ago, he was a prison trusty who even managed a bus garage for a school district. Now, he picks up cigarette butts.
Gause's left leg, ravaged by arthritis, doesn't hold him anymore, so he is in a wheelchair. The arthritis also is in his elbows where the pain is so intense it burns. He has kidney stones that double him over and three stents in his heart after two heart attacks. His bifocals changed almost constantly as his eyesight worsened. He pops 10 pills twice a day and uses an inhaler for his emphysema.
"I think they brought me here to die," Gause said from his dormitory-style housing unit for disabled inmates at the Tucson prison. "I'm not too far from it."
Gause spends his days reading Westerns and drawing.
"I'm not a threat to nobody. That's practically impossible. What am I going to do? I'm an old man," Gause said.
"It only goes downhill from here."
<#==#>
hmmmm.... it is now illegal to give out a persons social security number in arizona
http://www.azleg.state.az.us/ars/44/01373.htm
44-1373. Restricted use of social security numbers; definition
A. Except as otherwise specifically provided by law, beginning on January 1, 2005, a person or entity shall not:
1. Intentionally communicate or otherwise make an individual's social security number available to the general public.
2. Print an individual's social security number on any card required for the individual to receive products or services provided by the person or entity.
3. Require the transmission of an individual's social security number over the internet unless the connection is secure or the social security number is encrypted.
4. Require the use of an individual's social security number to access an internet web site, unless a password or unique personal identification number or other authentication device is also required to access the site.
5. Print a number that the person or entity knows to be an individual's social security number on any materials that are mailed to the individual, unless state or federal law requires the social security number to be on the document to be mailed. This paragraph does not prohibit the mailing of documents that include social security numbers sent as part of an application or enrollment process or to establish, amend or terminate an account, contract or policy or to confirm the accuracy of the social security number. In a transaction involving or otherwise relating to an individual, if a person or entity receives a number from a third party, the person or entity has no duty to inquire or otherwise determine if the number is or includes that individual's social security number. The person or entity may print that number on materials that are mailed to the individual, unless the person or entity that received the number has actual knowledge that the number is or includes the individual's social security number. This paragraph does not prohibit the mailing to the individual of any copy or reproduction of a document that includes a social security number if the social security number was included on the original document before January 1, 2005.
B. Notwithstanding subsection A, a person or entity that before January 1, 2005 used an individual's social security number in a manner inconsistent with subsection A may continue using that individual's social security number in that manner on and after January 1, 2005 subject to the following conditions:
1. The use of the social security number must be continuous. If the use is stopped for any reason, subsection A applies.
2. Beginning in 2005, the person or entity must provide the individual with an annual written disclosure of the individual's right to stop the use of the social security number in a manner prohibited by subsection A.
3. If the individual requests in writing, the person or entity must stop using the social security number in a manner prohibited by subsection A within thirty days after receiving the request. No fee or charge is allowed for implementing the request, and the person or entity shall not deny services to the individual because of the request.
C. This section does not prohibit the collection, use or release of a social security number as required by the laws of this state or the United States or for internal verification or administrative purposes.
D. Beginning on January 1, 2005, this state or any political subdivision of this state shall not use an individual's social security number on state issued or political subdivision issued forms of identification.
E. This section does not prohibit an agency of this state or a county, city, town or other political subdivision of this state from disseminating or using the last four numbers of an individual's social security number.
F. A government agency shall not transmit to an individual material that contains both an individual's social security number and bank, savings and loan association or credit union account number. This paragraph does not prohibit the transmitting of documents that include social security and bank, savings and loan association or credit union account numbers as a part of an application or enrollment process or to establish, amend or terminate an account, contract or policy or to confirm the accuracy of the social security, bank, savings and loan association or credit union account number.
G. For the purposes of this section, "individual" means a resident of this state.
<#==#>
http://www.eastvalleytribune.com/index.php?sty=40922
Drunken cop gets suspension, no DUI ticket
By Irene Hsiao, Tribune
A Scottsdale police officer who drove drunk from a club and was found in his car parked next to a police station received internal discipline instead of a ticket, department records show.
Officer Gareth Braxton-Johnson was suspended for 80 hours without pay after he drove his sport utility vehicle from Next, 7111 E. Fifth Ave., to the south Scottsdale station at 3700 N. 75th St. late last year while off duty, an internal affairs report states.
Braxton-Johnson, a department employee since October 1999, told officers he was drunk and recorded a .174 blood-alcohol content reading when given a Breathalyzer test, the report said.
Whether Braxton-Johnson — or any citizen caught by police drunk while parked — should have been cited for DUI is a legal gray area, experts said.
Kevin Hays, prosecutor for Mesa, said someone in that situation could get arrested for DUI because "it was clear they were intoxicated. But whether the driver was in control would be played out in court."
"The focus would be on things like if the car was parked or was it stopped in the middle of an intersection, was the engine running or not running, were the keys in the ignition or not. The more factors there are indicating the person was in control of the car the less likely they are to have a successful defense. If they are parked with the keys out of the ignition it’d be more likely they’d prevail at trial," he said. "There is case law that says that if the person pulls off the road and shows an intent to cease driving and sleep it off, they can be found not guilty of DUI."
At about 2:45 a.m. Dec. 15, officers at the station saw a vehicle parked near the entrance of the jail. Officer Theresa Ferrer knocked on the window because she could not see who was inside.
"The engine was running. I noticed what appeared to be vomit down the driver side door. I knocked on the driver side back window. The engine was turned off," Ferrer wrote in a supplement.
Ferrer saw "what appeared to be vomit down his left shoulder and arm," she wrote. Braxton-Johnson had bloodshot eyes, slurred speech and an odor of alcohol in his breath, the report said.
Braxton-Johnson said he was at the station to see another officer, Jimmy McDonough, who was not there.
Hill asked Braxton-Johnson if he felt intoxicated, to which he answered "yes." Hill then had Braxton-Johnson park his vehicle. Braxton-Johnson told Lt. Matt Roadifer he went to the station because "I didn’t know where else to go," the report said. The police did not see him driving and a DUI investigation was not conducted, the report said.
Roadifer had Braxton-Johnson blow into an analyzer and he registered a .174 bloodalcohol content at 3:20 a.m., the report said. In Arizona, the legal limit while driving is .08 and extreme DUI begins at .15.
Braxton-Johnson was sent home in a cab and told not to work that day, the report said. He was scheduled to work at noon.
"He was parked, the engine was not running at the best of my knowledge, it was the decision made that the individual had taken safe haven," Police Chief Alan Rodbell said.
Braxton-Johnson was "treated differently" because his employers took action against him, Rodbell said. The law enforcement industry holds its employees accountable beyond if they were charged with a crime, he said.
"We’re one of the few employers that take administrative action against people that do those things in an offduty capacity," he said. "Was this something that was cleaned up or covered up? Absolutely not."
Officers would not have cited a civilian in the same situation — police would have probably called the civilian a cab, said Sgt. Mark Clark, a police spokesman.
"In this case, there were many conversations with the officers, commanders, supervisors, city attorneys, to decide if criminal charges were to be filed or not," he said. "We investigated it and handed out severe discipline to the police officer."
He said 80 hours is the maximum amount of suspension time given out.
"This is not about the police department giving special treatment, this officer was given the same considerations and he was afforded the same rights as any other citizen," Clark said.
Scottsdale prosecutor Caron Close said people have been ticketed for DUI while inside their parked cars, depending on the circumstances.
"The Legislature has given people the ability, if you will, to recognize when they can’t drive, to pull over, shut off the car and use it as a safe haven and not be guilty of DUI because they made that correct choice," she said.
Braxton-Johnson’s record included a previous 80-hour suspension for failing to record overtime honestly from 2001 and a 5 percent pay reduction for six months for a policy violation and failure to secure equipment in 2003, according to the suspension letter.
His record also includes two awards for superior fitness in 2001 and several positive letters from civilians, Clark said. In 2002, Braxton-Johnson received letters for his dedication and compassion in handling a crime and his investigation of a burglary, and in 2004, he received letters for teaching at the department’s citizen academy, having a caring attitude and being professional, he said.
Earlier this year, police said, the officer stopped Michael Scott Hershberger, 40, who was found to have a concealed .22-caliber pistol with a silencer, containers with black powder and a cylinder wrapped in a rag in his backpack.
Contact Irene Hsiao by email, or phone (480)-970-2324
<#==#>
if you all remember a while ago i gave you a news article about a big scottsdale bust where the scottsdale piggeys boasted of busting a guy with lots of bombs. in this article it seems the huge bust of bombs was a:
containers with black powder and a cylinder wrapped in a rag
later on the scottsdale piggies and BATF raided the guys house.
yes those piggys are really protecting us from dangerous criminals.
http://www.eastvalleytribune.com/index.php?sty=40922
Drunken cop gets suspension, no DUI ticket
By Irene Hsiao, Tribune
A Scottsdale police officer who drove drunk from a club and was found in his car parked next to a police station received internal discipline instead of a ticket, department records show.
Officer Gareth Braxton-Johnson was suspended for 80 hours without pay after he drove his sport utility vehicle from Next, 7111 E. Fifth Ave., to the south Scottsdale station at 3700 N. 75th St. late last year while off duty, an internal affairs report states.
Braxton-Johnson, a department employee since October 1999, told officers he was drunk and recorded a .174 blood-alcohol content reading when given a Breathalyzer test, the report said.
Whether Braxton-Johnson — or any citizen caught by police drunk while parked — should have been cited for DUI is a legal gray area, experts said.
Kevin Hays, prosecutor for Mesa, said someone in that situation could get arrested for DUI because "it was clear they were intoxicated. But whether the driver was in control would be played out in court."
"The focus would be on things like if the car was parked or was it stopped in the middle of an intersection, was the engine running or not running, were the keys in the ignition or not. The more factors there are indicating the person was in control of the car the less likely they are to have a successful defense. If they are parked with the keys out of the ignition it’d be more likely they’d prevail at trial," he said. "There is case law that says that if the person pulls off the road and shows an intent to cease driving and sleep it off, they can be found not guilty of DUI."
At about 2:45 a.m. Dec. 15, officers at the station saw a vehicle parked near the entrance of the jail. Officer Theresa Ferrer knocked on the window because she could not see who was inside.
"The engine was running. I noticed what appeared to be vomit down the driver side door. I knocked on the driver side back window. The engine was turned off," Ferrer wrote in a supplement.
Ferrer saw "what appeared to be vomit down his left shoulder and arm," she wrote. Braxton-Johnson had bloodshot eyes, slurred speech and an odor of alcohol in his breath, the report said.
Braxton-Johnson said he was at the station to see another officer, Jimmy McDonough, who was not there.
Hill asked Braxton-Johnson if he felt intoxicated, to which he answered "yes." Hill then had Braxton-Johnson park his vehicle. Braxton-Johnson told Lt. Matt Roadifer he went to the station because "I didn’t know where else to go," the report said. The police did not see him driving and a DUI investigation was not conducted, the report said.
Roadifer had Braxton-Johnson blow into an analyzer and he registered a .174 bloodalcohol content at 3:20 a.m., the report said. In Arizona, the legal limit while driving is .08 and extreme DUI begins at .15.
Braxton-Johnson was sent home in a cab and told not to work that day, the report said. He was scheduled to work at noon.
"He was parked, the engine was not running at the best of my knowledge, it was the decision made that the individual had taken safe haven," Police Chief Alan Rodbell said.
Braxton-Johnson was "treated differently" because his employers took action against him, Rodbell said. The law enforcement industry holds its employees accountable beyond if they were charged with a crime, he said.
"We’re one of the few employers that take administrative action against people that do those things in an offduty capacity," he said. "Was this something that was cleaned up or covered up? Absolutely not."
Officers would not have cited a civilian in the same situation — police would have probably called the civilian a cab, said Sgt. Mark Clark, a police spokesman.
"In this case, there were many conversations with the officers, commanders, supervisors, city attorneys, to decide if criminal charges were to be filed or not," he said. "We investigated it and handed out severe discipline to the police officer."
He said 80 hours is the maximum amount of suspension time given out.
"This is not about the police department giving special treatment, this officer was given the same considerations and he was afforded the same rights as any other citizen," Clark said.
Scottsdale prosecutor Caron Close said people have been ticketed for DUI while inside their parked cars, depending on the circumstances.
"The Legislature has given people the ability, if you will, to recognize when they can’t drive, to pull over, shut off the car and use it as a safe haven and not be guilty of DUI because they made that correct choice," she said.
Braxton-Johnson’s record included a previous 80-hour suspension for failing to record overtime honestly from 2001 and a 5 percent pay reduction for six months for a policy violation and failure to secure equipment in 2003, according to the suspension letter.
His record also includes two awards for superior fitness in 2001 and several positive letters from civilians, Clark said. In 2002, Braxton-Johnson received letters for his dedication and compassion in handling a crime and his investigation of a burglary, and in 2004, he received letters for teaching at the department’s citizen academy, having a caring attitude and being professional, he said.
Earlier this year, police said, the officer stopped Michael Scott Hershberger, 40, who was found to have a concealed .22-caliber pistol with a silencer, containers with black powder and a cylinder wrapped in a rag in his backpack.
Contact Irene Hsiao by email, or phone (480)-970-2324
<#==#>
will the american empire invade russia???
http://hosted.ap.org/dynamic/stories/B/BUSH?SITE=AZMES&SECTION=HOME&TEMPLATE=DEFAULT
May 8, 2:21 PM EDT
Bush Brings Concerns to Putin Meeting
By JENNIFER LOVEN
Associated Press Writer
MOSCOW (AP) -- Despite contentions over Moscow's commitment to democracy, President Bush thanked Russia's Vladimir Putin on Sunday for help on Iran and the Middle East and said "there's a lot we can do together."
The two leaders put an upbeat cast on talks at Putin's dacha at a walled compound in a birch forest 25 miles west of Moscow. The Russian leader even let Bush drive his white Volga sedan from one building to another for dinner with their wives.
"Be careful," Bush joshed to reporters. "He's giving me a driving lesson."
The two leaders ignored reporters' questions and kept their real discussions private, so there was no repeat of the contentious debate that flared publicly at a February news conference when they disagreed about Moscow's quashing of dissent and exertion of control in the country.
"Russia's a great nation and I'm looking forward to working together on big problems," Bush said. "And I want to thank you for your help on Iran and the Middle East and there's a lot we can do together."
During a brief photo opportunity before their talks, the two leaders exchanged pleasantries as they sat alongside each other in front of an unlit, ornate fireplace.
Putin said Bush's visit was "of special importance" and he spoke of "a very large volume of cooperation between our countries."
Bush said he looked forward to Monday's celebration in Red Square of the 60th anniversary of Nazi Germany's defeat, saying it will help the world "recognize the great bravery and sacrifice the Russian people made in the defeat of Naziism."
"The people of Russia suffered incredible hardship and yet the Russian spirit never died down," Bush said.
Earlier Sunday, Bush celebrated the end of World War II 60 years ago at an American cemetery in Margraten in the Netherlands, emphasizing the themes of democracy and freedom.
"The world's tyrants learned a lesson: There is no power like the power of freedom and no soldier as strong as a soldier who fights for that freedom," Bush told a crowd of thousands, including many white-haired war veterans who wore plastic rain ponchos on a raw spring morning.
"On this day we celebrate the victory they won," Bush said, "and we recommit ourselves to the great truth that they defended: that freedom is the birthright of all mankind."
Relations between Bush and Putin have soured of late amid U.S. unhappiness with Russian missile sales to Syria and crackdowns on business and Moscow's complaints of American meddling in its traditional sphere of influence.
Even before Bush arrived in Moscow, Putin appeared increasingly irritated at Bush's criticism of Russia's treatment of its former republics and the president's push for democracy along Russia's borders. Bush said at an earlier stop in Latvia that Russia should acknowledge the Soviet Union's domination of Central and Eastern Europe and its harsh occupation of the Baltic country.
"This is not an issue of lecturing Russia," Secretary of State Condoleezza Rice told reporters on Air Force One. "It is that the United States and Russia have a deep and broad relationship. We'd like it to get deeper and broader. And the issue of common values and how Russia's democracy progresses is one of the issues on the agenda, an important issue on the agenda."
Rice took issue with Putin's assertion last month that the collapse of the Soviet Union was "the greatest geopolitical catastrophe of the century."
"I'm not going to try to second guess President Putin on this," Rice said. "I do know it was traumatic for many people to see the Soviet Union collapse. That's not surprising. Quite clearly the fall of the Soviet Union has led to some very good things including democracies throughout Eastern Europe and Central Europe and free Baltic states."
The United States has expressed repeated concern that Putin is quashing dissent and consolidating power.
Putin said in an American television interview that the United States should question its own democratic ways before looking for problems with Russia's. Putin also told CBS' "60 Minutes" that the United States shouldn't try to export its democracy, as it is trying to do in Iraq. The Russian leader pointed to what he believes are drawbacks to America's own brand of democracy, including the Electoral College system.
The Russian leader also has rebuffed calls from Bush and others for an apology for the Soviet occupation of Estonia, Latvia and Lithuania.
Bush on Monday will join Putin and dozens of world leaders at a Red Square parade celebrating the defeat of Nazi Germany. Bush has no scheduled public remarks during his 24-hour stay in Moscow.
Moscow has not disguised its unhappiness that Bush's four-nation trip was planned to bracket his stop in Russia with visits to two former Soviet republics, Latvia and Georgia.
A day before arriving in Moscow, Bush said in a speech that Putin should not fear the growth of democracy around Russia's borders and that "no good purpose is served by stirring up fears and exploiting old rivalries in this region."
Rice said Bush and Putin intended to cover a range of issues like Iran, Iraq, the broader Middle East and economic issues such as Russia's hopes of joining the World Trade Organization.
She said the United States has been encouraging Russia to sign border treaties with its former republics in the Baltics, without success.
"The future of Baltic and Russian relations should not be one of tension," Rice said. "And I think that's the message that the president will deliver." She acknowledged that the history has been "an unhappy and tragic one."
© 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Learn more about our Privacy Policy.
<#==#>
govenment nannies know how to run our lives better then we do. dont blame the government nannies the death of the kid after all he was faking it :)
http://hosted.ap.org/dynamic/stories/S/STATE_CAMP_DEATH?SITE=AZMES&SECTION=HOME&TEMPLATE=DEFAULT
May 8, 1:33 PM EDT
Report: Boy Asked for Inhaler Before Death
CLEVELAND, Ga. (AP) -- A 13-year-old boy who died after being restrained at a state-run camp for troubled youngsters had told counselors he needed his asthma inhaler about an hour before he stopped breathing, records show.
Travis Parker was restrained at the Appalachian Wilderness Camp for roughly 90 minutes on April 20 by counselors who said he was acting belligerently, and during the first 10 or 15 minutes he asked for his inhaler, said a report obtained by the Atlanta Journal-Constitution.
However, counselors did not give him the inhaler because a certified emergency medical technician saw no indications such as wheezing that he was having an asthma attack and because the boy had a history of asking for his inhaler when he was being restrained, said the report from the state Department of Human Resources, which runs the camp.
It said Parker went limp and some of the children who witnessed the incident told investigators that counselors commented "He is playing the dead fish game, he's faking," the newspaper reported Saturday.
He died the next day at a hospital. Autopsy results are pending, and the Georgia Bureau of Investigation is looking into the death.
The boy's family expected he "would receive nurturing and support" at the camp, said a family statement. "Instead, sadly it appears the young Travis Parker received brutality and death."
Dena Smith, spokeswoman for the Department of Human Resources, said it was the first camper death at two state camps for children in the juvenile justice system or in mental health programs. She said staff members were put on administrative leave during the investigation.
Dr. Amy Hirsh, of the Peachtree Allergy and Asthma Clinic in Atlanta, would not comment on the incident, but said a child should never be denied an emergency inhaler.
"Untrained medical professionals should not make a judgment call on whether a patient needs his or her rescue inhaler or not. If a child asks for a rescue inhaler, they should be given it immediately without questioning," she said.
© 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Learn more about our Privacy Policy.
<#==#>
http://papersplease.org/gilmore/facts.html
Want to Fly? Papers, Please.
On July 4, 2002, John Gilmore went to Oakland International Airport. He had a ticket in his own name with Southwest Airlines to Baltimore-Washington International Airport. The purpose of his trip was to petition the government for redress of grievances—specifically, the requirement for airline travelers to provide identification.
John politely refused to show his ID and was not allowed to fly.
John then went to San Francisco International Airport and attempted to fly to Washington, DC on United Airlines. There he was informed that if he was not willing to show ID he could fly, but only if he submitted to a far more intrusive search than what every passenger goes through at the security checkpoint.
He politely declined the search and again was not allowed to fly.
Showing ID. Intensive searches. What's going on here?
Sorry, Sir... that law's a secret.
That's what John Gilmore wanted to know. At San Francisco's airport, just like the rest of the country's airports, there was a sign that began "A Notice From the Federal Aviation Administration" and includes the sentence "passengers must present identification upon initial check-in.
John worked his way up the bureaucratic chain and was eventually told by United Airlines that there were security directives that mandated the showing of ID, but that he couldn't see them. These secret directives, issued by the Transportation Security Administration, are revised as often as weekly, and are transmitted orally rather than in writing. To make things even more confusing, these orally transmitted secret rules change depending on the airport.
Demanding ID: Plane Un-Constitutional?
Being told that there's a secret law that requires one to show ID before an American citizen can travel in his own country struck John as illegal. We have no 'papers' to show in the United States: how could they possibly be required in order to travel?
In addition, how could any 'law' requiring any citizen to do anything be a secret? None of this made sense.
John Gilmore left the airport and has not attempted to fly in the United States since that day.
He did, however file a lawsuit; and it's now up to the court to get to the bottom of this.
What are the constitutional issues involved? Learn more...
http://papersplease.org/gilmore/case.html
The Legal Case
John Gilmore's case is about one thing: the right to travel.
The court will have to determine the answers to two very important questions:
Do citizens currently need to show ID in order to travel in their own country?
If the answer is 'yes', is this constitutional?
We know that nowadays, travelers are constantly being required to show their ID. John Gilmore wasn't able to fly on Independence Day 2002 because he would not produce identification. ID is now required to board planes, trains, buses, and even cruise ships. These ID demands prevent travel by Americans who will not show their "papers". Is such a requirement constitutional?
Many Americans incorrectly assume that our right to travel anonymously has been legally suspended by the USA Patriot Act. This is not true: the USA Patriot Act contains no such provision.
The right to travel involves a number of constitutional issues:
The 1st Amendment
Physical travel and the First Amendment are inextricably intertwined. If you can't travel, then how can you exercise your right to Assemble? You can't Associate either, because you won't be able to get anywhere. Your right to Free Speech is also affected. You can say what you want, just not at that conference you wanted to attend but couldn't because you weren't allowed to get on a plane.
The 4th Amendment
Refusing a government "request" for ID triggers a severe penalty, such as loss of free movement. And lest we forget, having to show your ID is a search without a warrant.
Thankfully, the United States of America has no national ID card. We have no 'papers' to show. How can we as citizens be forced to produce something on demand that we aren't required to have in the first place?
In this court case, the core issue of our right to travel has been obscured by other side issues, secret law being the most outrageous of them.
Secret Law
Secret law is an abomination. There is no published statute or regulation requiring traveler identification. The airlines and the federal government insist that federal law requires passengers to show identification, yet can point to no published source of that requirement.
The government can argue all they want that it's the airlines that are 'requesting' ID, but the bottom line is that the violation of constitutional rights can't be out-sourced.
What's Wrong With Showing ID?...
http://papersplease.org/gilmore/id.html
What's Wrong With Showing ID?
"There are good people with bad papers; and bad people with good papers."
- Bertold Brecht
What does an ID, any ID, do for security? The honest answer is 'not much'. If anything, relying on ID for security purposes actually makes things worse.
Showing ID only affects honest people. If you're dishonest, you can obtain false documents or steal the identity of an honest person.
If a 19 year-old college student can get a fake ID to drink, why couldn't a bad person get one, too? And no matter how sophisticated the security embedded into the ID, wouldn't a well-financed terrorist be able to falsify that, too? The answer to both questions is obviously 'yes'.
Honest people, on the other hand, go to Pro-Life rallies. Honest people attend gun shows. Honest people protest the President of the United States. Honest people fly to political conventions. What if those with the power to put people on a 'no fly' list decided that they didn't like the reason for which you wanted to travel? The honest people wouldn't be going anywhere.
Bad people, besides using fake IDs and stolen identities, can also make the system of checking IDs work in their favor. The Carnival Booth effect, as described by researchers at the Massachusetts Institute of Technology, means that terrorists can probe an ID security system by sending a number of people on innocent trips through the system and noting who is flagged for extra searches and who isn't. They then send only those who the system doesn't flag on terrorist missions.
Still, some Americans think that 'if you have nothing to hide, you have nothing to fear'. Were the Founding Fathers criminals trying to protect themselves when they inserted the 4th and 5th amendments into the Bill of Rights? After all, nobody who hasn't done anything wrong needs to worry about being searched or being forced to testify against himself.
Over the years, Americans have become accustomed to showing ID in any number of circumstances. Few have asked the question, 'Why?'.
The custom of showing ID at airports came about in July of 1996, in the wake of the TWA flight 800 disaster. Faulty fuel tank insulation caused TWA 800 to explode over Long Island Sound. Before we knew that, there was concern that terrorists had blown up the plane. According to former terrorism czar Richard Clarke's book, the ID requirement was instituted as a temporary measure so that then-President Clinton had something to announce to the families of the victims when he met with them. After the 2001 World Trade Center bombings, the ID requirement became mandatory, as anyone who has flown since can testify.
The Department of Homeland Security has attempted to institute programs predicated on the use of ID to improve air security. One such program, the Computer Assisted Passenger Profiling System II (CAPPS II) would have required every citizen to undergo a background check as a precondition to travel by commercial airline.
CAPPS II depended on the presentation of government-issued photo ID in order to function. The information contained on the ID would have been cross-checked against a variety of public and private databases, and an individual threat assessment would be generated based on this information. The CAPPS II program was pronounced 'dead' in July of 2004, but the Department of Homeland Security is continuing to work under wraps to produce a replacement system that works similarly.
Another program which depends on showing ID is the Watch List and No-Fly List. Airlines are issued these lists by the federal government and are required to request ID from their passengers in order to check them against the lists. This has resulted in countless citizens with names similar to bad people being harrassed, arrested, or prevented from travelling by air—including every person named 'David Nelson'.
Much has been done to make travel by air safer. Cockpit doors have been secured, pilots are armed, and Air Marshals patrol airplane cabins. Increased physical security at airports has dramatically increased the safety of our nation's skies. Above all, the mindset of the flying public has also changed: no longer will passengers remain passive in the event of a skyjacking.
The demand for ID does nothing for security while making honest Americans less free.
How can such systems be dangerous? Learn more...
http://papersplease.org/gilmore/legal.html
(if you go to this web page above you can click on any of the documents below to see the legal document)
Legal Documents
Synopsis
The district court's dismissal of Gilmore v. Gonzales (previously Gilmore v. Ashcroft) was appealed to the 9th Circuit Federal Court of Appeals. A number of Amicus ("friend of the court") briefs were filed in support of Gilmore's appeal.
Prior to filing an opposition to Gilmore's appeal, the Department of Justice (the attorneys for the Defendants / Appellees) made a motion to the court of appeals for permission to file with the court of appeals documents (the law?) and pleadings (their arguments) under seal (not publicly accessible) for "in camera" (by the judge) and "ex parte" (without Gilmore or his attorneys seeing it) review. DOJ made a second motion to suspend the briefing schedule while the court decided its first motion. Both motions were denied.
DOJ then asked the court of appeals to reconsider and allow DOJ to file documents and arguments under seal for in camera ex parte review. Gilmore, supported by Amicus briefs from a number of news organizations, opposed DOJ's motion. This motion for reconsideration has yet to be ruled upon.
After DOJ filed their opposition to Gilmore's Appeal, Gilmore filed a reply brief, the final response to the DOJ's response to the original complaint.
The case is now ready to be heard by the 9th Circuit: a date for oral arguments has yet to be set.
John Gilmore: Plaintiff / Appellant
Alberto Gonzales (previously John Ashcroft) and others: Defendants / Appellees
The following are all documents filed with the 9th Circuit Court of Appeals concerning the appeal of Gilmore v. Gonzales:
The district court's dismissal of Gilmore v. Ashcroft was appealed to the 9th Circuit Federal Court of Appeals.
Appellant John Gilmore's Opening Brief
16 August 2004 (532 KB pdf)
Appellant John Gilmore's Excerpt of Record
16 August 2004 (4.4 MB pdf)
Several Amicus ("friend of the court") briefs were filed in support of Gilmore's appeal.
The amicus brief by the ACLU addresses the disputed issue concerning jurisdiction. The district court had dismissed Gilmore's case partly by reasoning that the appellate court would be a more proper court to hear Gilmore's case—the ACLU disagrees with the district court.
Amicus Brief from the American Civil Liberties Union
23 August 2004 (1 MB pdf)
The amicus brief by the Center for Constitutional Rights and Privacy Activism addresses the fundamental right to travel freely within the United States and documents the many modes of domestic transportation other than air travel require the passenger to show identification.
Amicus Brief from The Center for Constitutional Rights and Privacy Activism
11 August 2004 (836 KB pdf)
The amicus brief filed by the Electronic Frontier Foundation addresses the Fourth Amendment right to be free from an unreasonable search without a warrant and its application to database searches using information provided by passengers as a condition of transport by domestic air carrier.
Amicus Brief from the Electronic Frontier Foundation
19 August 2004 (2.1 MB pdf)
The amicus filed by the Electronic Privacy Information Center addresses the secret law issues raised by the TSA's refusal to make public the law requiring air passengers to show identification.
Amicus Brief from the Electronic Privacy Information Center
9 August 2004 (188 KB pdf)
Prior to filing an opposition to Gilmore's appeal, the Department of Justice ("DOJ"—attorneys for Defendants / Appellees) made a motion to the court of appeals for permission to file with the court of appeals documents (the law?) and pleadings (their arguments) under seal (not publicly accessible) for "in camera" (by the judge) and "ex parte" (without Gilmore or his attorneys seeing it) review. DOJ made a second motion to suspend the briefing schedule while the court decided its first motion. Both motions were denied. DOJ receives a two week extension to file their brief in opposition to Gilmore's appeal.
DOJ Motion to File Opposing Brief Under Seal
2 September 2004 (728 KB pdf)
Gilmore's Opposition to DOJ Motion to File Materials Under Seal
7 September 2004 (108 KB pdf)
DOJ Motion to Suspend Briefing Schedule
8 September 2004 (116 KB pdf)
Gilmore's Opposition to DOJ Motion to Suspend Schedule
10 September 2004 (80 KB pdf)
DOJ's Reply to Gilmore's Opposition
10 September 2004 (332 KB pdf)
9th Circuit Denial of Both DOJ Motions
10 September 2004 (132 KB pdf)
DOJ then asked the court of appeals to reconsider and allow DOJ to file documents and arguments under seal for in camera ex parte review. DOJ states that it will not include in its upcoming opposition brief to Gilmore's Appeal that which it would if it were allowed to file under seal. This motion for reconsideration has yet to be ruled upon.
DOJ Motion to Reconsider
20 September 2004 (124 KB pdf)
Defendants / Appellees filed their opposition to Gilmore's Appeal.
Defendant John Ashcroft, et al Opposition Brief
29 September 2004 (292 KB pdf)
Gilmore files an opposition to DOJ's motion for the court to reconsider their denial of leave to file documents under seal for in camera ex parte review.
Opposition to Defendant's Motion to Reconsider
1 October 2004 (116 KB pdf)
The Los Angeles Times, Associated Press, McClatchy Newspapers, Copley Press, California Newspapers Publishers Association, and the Reporters Committee for Freedom of the Press file an amicus brief in support of Gilmore's opposition to DOJ's motion to file documents and pleadings under seal. Addressed is the issue the freedom of the press to access to court proceedings and court documents.
Brief of Media Amici Curiae in Support of Gilmore's Opposition to DOJ Motion
1 October 2004 (1 MB pdf)
Gilmore files a reply brief, the final response to the DOJ's response to the original complaint.
Appellant John Gilmore's Reply Brief
1 November 2004 (300 KB pdf)
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A $21 billion dollar waste that will make you laugh louder then the keystone cops. and the idiots running it are congressmen and homeland security idiots.
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Even if the equipment doesnt work, officials say, it is still a deterrent. (well not now that we know it doesnt work)
we had to show how committed we were by spending hugely greater amounts of money than ever before, as rapidly as possible," said Representative Christopher Cox, a California Republican who is the chairman of the Homeland Security Committee
if terrorists are going to mail anthrax they should mail it from a real post office, not a blue mail box on the street to avoid it being discovered - only about 20 percent of mail is tested - mostly letters dropped into blue post boxes, because they are considered the most likely route for a biological attack.
http://nytimes.com/2005/05/08/national/08screen.html?hp&ex=1115611200&en=5cfdf0fee9e6ae67&ei=5094&partner=homepage
U.S. to Spend Billions More to Alter Security Systems
By ERIC LIPTON
Published: May 8, 2005
WASHINGTON, May 7 - After spending more than $4.5 billion on screening devices to monitor the nation's ports, borders, airports, mail and air, the federal government is moving to replace or alter much of the antiterrorism equipment, concluding that it is ineffective, unreliable or too expensive to operate.
Assessing Security Screening Efforts
Stephen Crowley/The New York Times
Machines at airports that screen checked luggage for explosives.
Many of the monitoring tools - intended to detect guns, explosives, and nuclear and biological weapons - were bought during the blitz in security spending after the attacks of Sept. 11, 2001.
In its effort to create a virtual shield around America, the Department of Homeland Security now plans to spend billions of dollars more. Although some changes are being made because of technology that has emerged in the last couple of years, many of them are planned because devices currently in use have done little to improve the nation's security, according to a review of agency documents and interviews with federal officials and outside experts.
"Everyone was standing in line with their silver bullets to make us more secure after Sept. 11," said Randall J. Larsen, a retired Air Force colonel and former government adviser on scientific issues. "We bought a lot of stuff off the shelf that wasn't effective."
Among the problems:
¶Radiation monitors at ports and borders that cannot differentiate between radiation emitted by a nuclear bomb and naturally occurring radiation from everyday material like cat litter or ceramic tile.
¶Air-monitoring equipment in major cities that is only marginally effective because not enough detectors were deployed and were sometimes not properly calibrated or installed. They also do not produce results for up to 36 hours - long after a biological attack would potentially infect thousands of people.
¶Passenger-screening equipment at airports that auditors have found is no more likely than before federal screeners took over to detect whether someone is trying to carry a weapon or a bomb aboard a plane.
¶Postal Service machines that test only a small percentage of mail and look for anthrax but no other biological agents.
Federal officials say they bought the best available equipment. They acknowledge that it might not have been cutting-edge technology but said that to speed installation they bought only devices that were readily available instead of trying to buy promising technology that was not yet in production.
The department says it has created a layered defense that would not be compromised by the failure of a single device. Even if the monitoring is less than ideal, officials say, it is still a deterrent.
"The nation is more secure in the deployment and use of these technologies versus having no technologies in place at all," said Brian Roehrkasse, a spokesman for the Department of Homeland Security.
Every piece of equipment provides some level of additional security, said Christopher Y. Milowic, a customs official whose office oversees screening at ports and borders. "It is not the ultimate capacity," he said. "But it reduces risk."
Some critics say that even though federal agencies were pressed to move quickly by Congress and the administration, they made some poor choices. In some cases, agencies did not seek competitive bids or consider cheaper, better alternatives. And not all the devices were tested to see how well they worked in the environments where they would be used.
"After 9/11, we had to show how committed we were by spending hugely greater amounts of money than ever before, as rapidly as possible," said Representative Christopher Cox, a California Republican who is the chairman of the Homeland Security Committee. "That brought us what we might expect, which is some expensive mistakes. This has been the difficult learning curve of the new discipline known as homeland security."
Radiation at Seaports
One after another, trucks stuffed with cargo like olives from Spain, birdseed from Ethiopia, olive oil from France and carpets from India line up at the Port Newark Container Terminal, approaching what looks like an E-ZPass toll gate.
In minutes, they will fan out across the nation. But first, they pass through the gate, called a radiation portal monitor, which sounds an alarm if it detects a nuclear weapon or radioactive material that could be used to make a "dirty bomb," a crude nuclear device that causes damage by widely spreading low levels of radiation.
Assessing Security Screening EffortsHeralded as "highly sophisticated" when they were introduced, the devices have proven to be hardly that.
The portal-monitor technology has been used for decades by the scrap metal industry. Customs officials at Newark have nicknamed the devices "dumb sensors," because they cannot discern the source of the radiation. That means benign items that naturally emit radioactivity - including cat litter, ceramic tile, granite, porcelain toilets, even bananas - can set off the monitors.
Alarms occurred so frequently when the monitors were first installed that customs officials turned down their sensitivity. But that increased the risk that a real threat, like the highly enriched uranium used in nuclear bombs, could go undetected because it emits only a small amount of radiation or perhaps none if it is intentionally shielded.
"It was certainly a compromise in terms of absolute capacity to detect threats," said Mr. Milowic, the customs official.
The port's follow-up system, handheld devices that are supposed to determine what set off an alarm, is also seriously flawed. Tests conducted in 2003 by Los Alamos National Laboratory found that the handheld machines, designed to be used in labs, produced a false positive or a false negative more than half the time. The machines were the least reliable in identifying the most dangerous materials, the tests showed.
The weaknesses of the devices were apparent in Newark one recent morning. A truck, whose records said it was carrying brakes from Germany, triggered the portal alarm, but the backup device could not identify the radiation source. Without being inspected, the truck was sent on its way to Ohio.
"We agree it is not perfect," said Rich O'Brien, a customs supervisor in Newark. But he said his agency needed to move urgently to improve security after the 2001 attacks. "The politics stare you in the face, and you got to put something out there."
At airports, similar shortcomings in technology have caused problems.
The Transportation Security Administration bought 1,344 machines costing more than $1 million each to search for explosives in checked bags by examining the density of objects inside. But innocuous items as varied as Yorkshire pudding and shampoo bottles, which happen to have a density similar to certain explosives, can set off the machines, causing false alarms for 15 percent to 30 percent of all luggage, an agency official said. The frequent alarms require airports across the country to have extra screeners to examine these bags.
Quick Action After 9/11
Because the machines were installed under tight timetables imposed by Congress, they were squeezed into airport lobbies instead of integrated into baggage conveyor systems. That slowed the screening process - the machines could handle far fewer bags per hour - and pushed up labor costs by hundreds of millions of dollars a year. At busy times, bags are sometimes loaded onto planes without being properly examined, according to several current and former screeners.
"It is very discouraging," said a screener who worked at Portland International Airport until last year, but who asked not to be named because he still is a federal employee. "People are just taking your bags and putting them on the airplane."
Equipment to screen passengers and carry-on baggage - including nearly 5,000 new metal detectors, X-ray machines and devices that can detect traces of explosives - can be unreliable. A handgun might slip through because screeners rely on two-dimensional X-ray machines, rather than newer, three-dimensional models, for example. The National Academy of Sciences recently described the trace detection devices as having "limited effectiveness and significant vulnerabilities."
As a result, the likelihood of detecting a hidden weapon or bomb has not significantly changed since the government took over airport screening operations in 2002, according to the inspector general at the Department of Homeland Security. Transportation security officials acknowledge that they cannot improve performance without new technology, but they dispute suggestions that no progress has been made.
Assessing Security Screening Efforts"We have created a much more formidable deterrent," said Mark O. Hatfield Jr., a spokesman for the Transportation Security Administration. "Do we have an absolute barrier? No."
Counting machinery and personnel, aviation screening has cost more than $15 billion since 2001, a price that Representative John L. Mica, Republican of Florida, says has hardly been worthwhile.
"Congress is the one that mandated this," Mr. Mica said. "But we should have done more research and development on the technology and put this in gradually."
Concerns Despite Reliability
Some screening equipment has performed reliably. Machines that test mail at the United States Postal Service's major processing centers have not had a single false alarm after more than a year, officials said. But the monitors detect only anthrax, which sickened postal workers in 2001. And only about 20 percent of mail is tested - mostly letters dropped into blue post boxes, because they are considered the most likely route for a biological attack.
In about 30 major cities, equipment used to test air is also very precise: there have been more than 1.5 million tests without a single false positive. But only about 10 monitors were placed in most cities, and they were often miles apart, according to the inspector general of the Environmental Protection Agency. Detecting a biological attack, particularly one aimed at a specific building or area, would require perhaps thousands of monitors in a big city.
In addition, as contractors hurried to install the devices before the start of the war with Iraq - the Bush administration feared that Saddam Hussein might use biological weapons on American cities - they were often placed too low or too high to collect satisfactory samples, the inspector general noted. The monitors use filters that must be collected manually every day before they can be analyzed hours later at a lab.
"It was an expedient attempt to solve a problem," said Philip J. Wyatt, a physicist and expert on biological weapons monitoring equipment. "What they got is ineffective, wasteful and expensive to maintain."
Homeland security officials say that they have already moved to address some of the initial problems, and that they are convinced that the monitoring is valuable because it could allow them to recognize an attack about a day sooner than if they learned about it through victims' falling ill.
At the Nevada Test Site, an outdoor laboratory that is larger than Rhode Island, the next generation of monitoring devices is being tested.
In preparing to spend billions of dollars more on equipment, the Department of Homeland Security is moving carefully. In Nevada, contractors are being paid to build prototypes of radiation detection devices that are more sensitive and selective. Only those getting passing grades will move on to a second competition in the New York port.
Similar competitions are under way elsewhere to evaluate new air-monitoring equipment and airport screening devices. That approach contrasts with how the federal government typically went about trying to shore up the nation's defenses after the 2001 attacks. Government agencies often turned to their most familiar contractors, including Northrop Grumman, Boeing and SAIC, a technology giant based in San Diego. The agencies bought devices from those companies, at times without competitive bidding or comprehensive testing.
Documents prepared by customs officials in an effort to purchase container inspection equipment show that they were so intent on buying an SAIC product, even though a competitor had introduced a virtually identical version that was less expensive, that they placed the manufacturer's brand name in the requests. The agency has bought more than 100 of the machines at $1 million each. But the machines often cannot identify the contents of ship containers, because many everyday items, including frozen foods, are too dense for the gamma ray technology to penetrate.
'Continually Upgrading'
The federal government will likely need to spend as much as $7 billion more on screening equipment in coming years, according to government estimates.
"One department charged with coordinating efforts and setting standards will result in far better and more efficient technologies to secure the homeland," said Mr. Roehrkasse, the Department of Homeland Security spokesman.
Some experts believe that this high-priced push for improvements is necessary, saying the war against terrorism may require the same sort of spending on new weapons and defenses as the cold war did.
"You are in a game where you are continually upgrading and you will be forever," said Thomas S. Hartwick, a physicist who evaluates aviation-screening equipment.
But given the inevitable imperfection of technology and the vast expanse the government is trying to secure, some warn of putting too much confidence in machines.
"Technology does not substitute for strategy," said James Jay Carafano, senior fellow for homeland security at the Heritage Foundation, a conservative think tank. "It's always easier for terrorists to change tactics than it is for us to throw up defenses to counter them. The best strategy to deal with terrorists is to find them and get them."
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http://www.nytimes.com/2005/05/07/national/nationalspecial3/07lab.html?oref=login
Security Costs Could Shut Some A-Bomb Labs, Experts Warn
By MATTHEW L. WALD
Published: May 7, 2005
WASHINGTON, May 6 - The cost to protect materials for nuclear bombs from terrorists is rising so high that the Energy Department will need to close some weapons laboratories, or at least consolidate the weapons fuel that they hold, government officials and outside experts are warning.
Security costs threaten to eat into the budget for building and maintaining warheads, the experts say.
After the Sept. 11, 2001, attacks, the department re-examined potential threats to the 13 laboratories and other plants across the country where it has what it calls "special nuclear materials," or plutonium and bomb-grade uranium. The department theorized that attackers might not try to steal the material, but rather fabricate a nuclear bomb on the spot and detonate it.
The reassessments, which included assumptions of a larger attacking force than previously, have led to sharply increased security costs, now $740 million a year and highly likely to rise. The underlying problem, critics say, is that a complex that was set up for the cold war, when the pace of design and manufacture was quick, is not suited to current needs.
The Project on Government Oversight, a group here that has made a specialty of making critiques of nuclear security, estimated in a study it will release next week that consolidating the weapons materials could save $2.7 billion over three years.
But, Danielle Brian, executive director of the project, said, "No one so far has looked at the entire complex, and said, 'Why do we still need this?' "
In a major speech on laboratory security on May 7, 2004, Energy Secretary Spencer Abraham said, "We have a responsibility to balance the important work we do at our facilities, which is often critical to the war on terror, with protecting those very same facilities against the threat of terrorist acts."
Mr. Abraham said the number of sites with special nuclear material had to be reduced "to the absolute minimum, consistent with carrying out our missions."
The speech does not appear to have produced any changes, but it did result in a study by a panel of advisers to the energy secretary, who is now Samuel W. Bodman. A report is supposed to be finished next month.
Tightening the security rules is making the problem acute. According to Ms. Brian's group, the new estimate of the number of possible attackers is triple the size of the old one. The estimate is classified, and department officials and others would not discuss it.
Department officials disputed the estimate of how much money could be saved by consolidating weapons material, but were quick to acknowledge that changes were needed.
"The weapons complex itself is clearly not what we would design if we were starting from a blank sheet of paper right now," said Linton F. Brooks, under secretary for nuclear security and administrator of the National Nuclear Security Administration, the part of the Energy Department in charge of the laboratories.
In an interview last month, Mr. Brooks said some laboratories were hard to defend.
"In the Second World War, the threat was spies," Mr. Brooks said of one of his laboratories, Y-12, near Oak Ridge, Tenn., which has an enormous stock of weapons-grade uranium. "So you went to a remote valley and you had a pretty good control point to make sure which people went in. If the threat has become a quasimilitary attack force, no sane person would put something in a valley."
According to Ms. Brian's group, another site with problems is the Lawrence Livermore National Laboratory, which was built in a rural area of California that has become a dense suburban neighborhood.
A study in 1995 by the Energy Department said the special nuclear materials could be transferred out of Lawrence Livermore by 2000. In a new report, Ms. Brian's group estimated that moving out the material would save $60 million to $70 million for equipment required by the new security assessment, and $315 million in coming years in savings on labor.
While Mr. Brooks disputed many of the specifics in the report from Ms. Brian's organization, he said it was "a thoughtful group."
In the last few years, just one United States nuclear site has been "de-inventoried," an area of the Hanford nuclear reservation near Richland, Wash., where plutonium was processed for weapons. Thirteen other sites, including laboratories and a factory for submarine fuel, remain, even though the system produces hardly any new weapons.
The laboratories all have a strong support by members of Congress who represent adjacent areas, because, like military bases, they are a strong economic stimulus.
For example, at a hearing in 2004 on security at Livermore, Representative Ellen O. Tauscher, a California Democrat whose district includes the laboratory, said it would be "smarter to consolidate materials" to make protection easier. For Livermore to do its work, Ms. Tauscher said, it has to have plutonium.
A House aide who specializes in the laboratories and insisted on anonymity because of political sensitivity, said: "You've had the beginnings of consolidation. But the complex hit stasis, where people didn't want to lose their material because they saw it as a source of their mission. If they lost the material, the next question is, Why do we have these researchers here?"
Nuclear Lab Missing 269 Computers
IDAHO FALLS, Idaho, May 6 (AP) - A nuclear research center, the Idaho National Laboratory, cannot account for 269 missing computers and disk drives that may have held sensitive information, the inspector general of the Energy Department says. The computers were among 998 items that cost $2.2 million and that came up missing over the last three years, a new report says.
Laboratory officials told investigators that none of the computers and disk drives had been authorized to process classified information. But they acknowledged that there was a possibility the devices had "export controlled" information about nuclear technologies applicable to civilian and military use that federal laws prohibit being released to foreigners.
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http://www.nytimes.com/2005/05/01/opinion/01sun1.html
EDITORIAL: AN INSECURE NATION
Real Security, or Politics as Usual?
Published: May 1, 2005
Any terrorist who has followed how domestic security money is distributed in this country must be encouraged by the government's ineptness - and Congress is showing few signs of learning from its mistakes.
In its report, the 9/11 commission urged that domestic security funds be given out based strictly on "risks and vulnerabilities." But since that new pile of money appeared on Capitol Hill, members of Congress have been more interested in ensuring that their own constituents get a ride on the antiterrorism gravy train. After much prodding, Congress is finally debating a formula for financing, but it shows every sign that it will once again shortchange the places that face the greatest risks. President Bush and Michael Chertoff, the new homeland security secretary, should be speaking out and twisting arms in Congress to make sure that antiterrorism money goes where it is needed most.
The current formula is based in part on population, rather than risk, and contains state minimums, so even sparsely populated states that hardly have a plausible terrorism target are raking in money. This is the formula that gave Wyoming seven times more domestic security money per capita than New York.
The problem is pork barrel politics. Members of Congress like to talk about how Sept. 11 changed everything, but when the subject turns to money, it is striking how little has changed. The Senate Homeland Security and Governmental Affairs Committee, which is responsible for developing the financing formula, is heavily tilted toward small, low-risk states like Alaska, Utah and Maine, the home of Susan Collins, the committee chairwoman. When Frank Lautenberg, a New Jersey Democrat, introduced an amendment to base the formula on risk, he lost 15 to 1.
Congress is now considering two bills that have come out of committee, one in the House and the other in the Senate. Both are disappointments. Each of the bills includes guaranteed minimum financing allotments for every state, regardless of the risks or threats they face. The House bill, introduced by Christopher Cox, a California Republican, is better than the Senate bill, introduced by Ms. Collins. It has lower state minimums than the Senate bill, and a set of risk-based financing criteria that should direct more money to high-risk areas like New York City. But state minimums of any size put politics ahead of safety, and reject the express recommendation of the 9/11 commission.
As discussions go forward on the two bills, they should be amended to reduce or eliminate the minimums, and to provide funds that go directly to the most threatened cities, without having to pass through state government. The total amount of money should also be increased. Congress has given the Bush administration a blank check to spend in Iraq, but it has scrimped on security at home. The current budget of about $2.5 billion is woefully inadequate to cover rail and port security, special allotments for high-risk, high-density areas, law enforcement grants, and all of the other things it is being stretched to cover.
The divisions in Congress are not along party lines, but between representatives of high-risk and low-risk states. Senators Charles Schumer and Hillary Clinton, New York Democrats, have been fighting a good fight, but they have faced intense opposition from representatives of sparsely populated states and towns. Senator Mark Pryor, an Arkansas Democrat, recently argued that "an attack in Little Rock has the ability to deliver the same impact to our psyche, financial security and overall ability to function as a country as would an attack in Los Angeles or New York." That statement shows a frightening lack of understanding of the basics of domestic security.
Mr. Bush and Mr. Chertoff, who represent the whole nation, should be pushing Congress to do the right thing. Hogging domestic security funds where they are not needed is not only shameful, it is also shortsighted. If there were a successful attack on Wall Street or the ports of Los Angeles and Long Beach, it would be a blow to the whole nation. Defending places where the terrorist threat is greatest is not parochialism; it is defending America.
An Insecure Nation: Editorials in this series remain online at nytimes.com/insecurenation.
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http://www.defenseindustrydaily.com/2005/05/75m-for-directed-energy-ads2-riotbreaker/index.php
$7.5M for Directed Energy ADS2 Riot-Breaker
Posted 04-May-2005 02:22
System 2 ADS ConceptRaytheon Missile Systems in Tucson, AZ is being awarded a $7.5 million cost-plus award-fee contract to design, fabricate, test rapidly field and support a fixed Active Denial System (ADS) referred to as System 2 and ADS2.
Active Denial Technology exploits the body's natural defense mechanism that induces pain as a warning to help protect it from injury. It uses a transmitter producing energy at a frequency of 95Ghz and an antenna to direct a focused, invisible beam to a subject at the speed of light and penetrate the skin to a depth of less than 1/64 of an inch. This produces an escalating heating sensation that becomes intolerable in seconds, and forces the subject to flee. The sensation immediately ceases when the individual moves out of the beam or when the system operator turns it off. Despite this sensation, the beam does not cause injury because of the shallow penetration depth of energy at this wavelength and the low energy levels used.
The idea behind ADS is that U.S. forces will be able to stop, deter, and/or turn back an advancing adversary without applying lethal force or causing permanent injury, before a deadly confrontation develops. Non-lethal technologies can be used for protection of defense resources, peacekeeping, humanitarian missions and other situations in which the use of lethal force is undesirable. ADS is designed to provide these capabilities close in as well as at longer standoff ranges.
The technology was originally developed by the Air Force Research Laboratory and matured under the sponsorship of the Department of Defense’s Joint Non-Lethal Weapons Directorate. Approximately $51 million has been invested over the past eleven years.
System 2 is an autonomous millimeter-wave directed energy unit capable of being transported via C-130 or truck and operated either from the ground or from military vehicle. The DoD news release did not properly specify performance locations or the contracting authority; however, the contract number is FA8728-05-C-0001.
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