In West Virginia, Mingo County Circuit Judge Michael Thornsbury is the only judge in his county. However, federal prosecutors have charged that he had enough time on his hands to frame have an affair with his secretary and frame her husband for a series of crimes, including the planting of drugs. Thornsbury, 57, is charged with two counts of conspiracy against rights to frame what U.S. Attorney Booth Goodwin calls “his romantic rival.”
Category: Criminal law
For civil libertarians in the United States and England, it is increasingly difficult to distinguish the practices of our own governments and the countries that we routinely denounce as authoritarian. An example of this confusion can be found in the outrageous arrest of the partner of journalist Glenn Greenwald, the Guardian writer who brought the Snowden disclosures to light and a leading voice for civil liberties in the world. David Miranda, who lives with Greenwald, was taken into custody when passing through London’s Heathrow airport on his way home to Rio de Janeiro. He was held for nine hours and had his computer, cell phone and other equipment seized. Such stops can occur at the request of the National Security Agency and other agencies and are carried out under the abusive Schedule 7 of the Terrorism Act 2000. The case could also highlight possible surveillance of journalists in England and the United States.
Davenport police are facing an outcry over the treatment of an alleged shoplifter, Brandie Redell, in custody after a videotape surfaced showing clear contradictions with what the officer stated in his report. The report states that Redell was the aggressor and the officer her victim despite serious injuries to Redell that required medical treatment. Officer Scott Crow hit Redell repeatedly because he says that the woman appeared to be “willing to fight.” It is not clear what that means but the video shows the woman seated when Crow hits her and throws her to the ground.
In Saratoga Springs, a historic cast-iron fountain was knocked over by individuals trying to steal coins thrown with wishes into the pool. It was a senseless act for chump change, but the culprits may soon learn that you have to be careful what you wish for: there are cameras inside faux bird houses in the park that may have captured their images. In the meantime, Buffalo meter maids have confessed to stealing 840,000 quarters from meters over the course of eight years.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
With all of the discussion we have had on his blog about the abandonment of the rule of law in this country, I was very interested when I read about a class action lawsuit that was filed in March of this year. The case is Saleh v. Bush, and it was filed in an attempt to hold former President George W. Bush and five members of his administration responsible and liable for the damages incurred when Iraq was attacked by the United States and some of its allies in 2003.
“Saleh is the lead plaintiff in a class action lawsuit targeting six key members of the Bush Administration: George W. Bush, Richard Cheney, Donald Rumsfeld, Condoleezza Rice, Colin Powell, and Paul Wolfowitz. In Saleh v. Bush, she alleges that the Iraq War was not conducted in self-defense, did not have the appropriate authorization by the United Nations, and therefore constituted a “crime of aggression” under international law—a designation first set down in the Nuremberg Trials after World War II. The aim of the suit is simple: to achieve justice for Iraqis, and to show that no one, not even the president of the United States, is above the law.” Yes Magazine Continue reading “Single Mom Versus George W. Bush”
Submitted by Charlton Stanley, (aka Otteray Scribe) guest blogger
Polygraph tests are 20th-century witchcraft.
-Sen. Sam Ervin (1896-1995)
As the Obama administration and the Department of Justice ramps up the crackdown on security violators and leakers, the whole thing has taken a bizarre turn. There is an ongoing criminal investigation of instructors who claim they can teach job applicants how to pass lie-detector tests. The two men are Doug Williams, who operates Polygraph.com, and Chad Dixon, who had a website called “PolygraphExpert.net” which has been taken down. Chad Dixon has entered a guilty plea, but the charges against him are being kept secret under seal. Dixon faces a maximum sentence of up to 25 years in prison; however, prosecutors are asking for a two-year sentence. Williams has not been charged with any crime; at least not yet, but is said to be under investigation. His only publiccomment was to say he has done nothing wrong.
The criminal investigation has not been acknowledged publicly. What little news that has come out is the claim it is meant to discourage criminals and spies from infiltrating the U.S. government by using so-called polygraph-beating techniques. Several current or former polygraph examiners are alleged to have been providing training materials and classes on how lie detector devices work and how to “beat” them.
Doug Williams and Chad Dixon’s business records were seized. The records are believed to include the names of as many as 5,000 persons who sought advice from the two men. The government claims about twenty of those people applied for positions with the government or government contractors. About half of that group was hired, including one or more getting jobs with the National Security Agency (NSA).
Federal officials have adopted a unique and controversial legal theory that teaching clients how lie detectors work and how to pass the test is a crime, and not protected under the First Amendment.
I find this more than curious. By way of full disclosure, I own a voice stress analysis machine and several biofeedback devices. I first became interested in the detection of malingering, dissimulation and outright lying when I was still in graduate school, and have maintained that interest ever since. Some people lie to look good, and some lie to look bad. Some lie and don’t even know they are lying. Some lie when the truth would serve them better.
In this piece, we will take a look at exactly what it is the Feds are talking about. And we will puzzle about why they want to make it a crime for anyone to teach people how the machines work. Or more accurately, don’t work.
Everyone is familiar with anxiety. Hands sweat, voice trembles, breathing may become more rapid, and the heart races. Many times trembling is visible to the naked eye. Anxiety is a fear reaction. Both the polygraph and voice stress analysis take advantage of these physiological reactions to fear, and take measurements of them. The theory behind both machines is that an anxious person will react. Practitioners of polygraphy and voice stress analysis operate on the assumption that telling a lie will result in a predictable and measurable physiological reaction.
Continue reading “Polygraphers trigger fear response in Federal prosecutors.”
This video was posted by a family who says that they were terrified when Georgia DeKalb Sheriff deputies came to their home around 1:30 am and virtually tore down their door. It turns out that this is all about an unpaid civil fine by the mother, Natania Griffin, who was 15 days late in paying $1,000. What is notable is the deputy repeatedly threatening the man while referring to his videotaping them.
Continue reading “Video: Sheriff Deputies Raid Home To Enforce A Civil Fine”
There was a national controversy created recently when a rodeo clown, Tuffy Gessling, put together an act involving a President Barack Obama mask at the Missouri State Fair. The announcer reportedly called out “This bull’s going to get’cha, Obama! He’s gonna get’cha!” The reaction was fierce. Gessling was given a lifetime ban and the announcer, Mark Ficken, resigned. All clowns will now have to go through a “sensitivity training” course after the incident. However, The President of the Missouri Chapter of the National Association for the Advancement of Colored People (NAACP) Mary Radliff is calling for the prosecution of the key players for a hate crime. Radliff’s statements shows how broad this controversial crime has become and how it can now threaten free speech principles.
This week we got another insight into the focus of the security agencies in the United States. Documents revealed that the U.S. Secret Service kept free-information activist Aaron Swartz under close watch until he killed himself following an abusive prosecution by the Administration. At the same time, the CIA reportedly zeroed in on famed MIT linguistics professor Noam Chomsky despite earlier denials. The prior investigation of Chomsky and the more recent investigation of Swartz shows little has changed in how civil libertarians are viewed by the government.
Continue reading “Report: Secret Service Targeted Aaron Swartz”
Jesse Jackson, Jr. was sentenced yesterday to 2 1/2 years for his crimes while a congressman from Illinois. His wife, former Ald. Sandi Jackson was sentenced to 12 months in prison for her role in the crimes. The couple was shocked by sentence, even though average citizens often go away for much longer periods for a fraction of the money stolen by the Jackson family. In this case, the Jacksons misappropriated $750,000 but will spend less than three years in jail. This is not an inconsequential sentence. However, the reduction of charges and credit for “cooperation” by the prosecutors is a bit of a surprise given the long course of misconduct and evasion by Jesse Jackson Jr., who publicly claimed credit yesterday for “manning up” to his responsibilities.
Continue reading “Jackson Given Less Than Three Years For Stealing $750,000”
Surgeon Emmanuel Labram is facing misconduct charges this month after a woman came forward with an allegation that he told her that had successfully removed her brain tumor when he had not. Labram allegedly encouraged her not to seek further treatment after her surgery at the Aberdeen Royal Infirmary in Scotland. (picture shows brain scan from different case)
Buying vehicles at government auctions can come with obvious perils that range from past damage to poor maintenance to wear and tear. However, the Duarte family appears to have discovered another peril when they unwittingly smuggled drugs from the U.S. to Mexico. Sergio Torres Duarte, 18, and his 19-year-old friend Julio Cesar Moreno were arrested after being stopped on their way to a soccer match near the resort city of Mazatlan and police found 2.2 pounds of cocaine beneath the dashboard of their blue 2004 Toyota Sienna. While we do not see many cases of people smuggling drugs from the United States to Mexico, the teens were arrested despite their pleas of innocence. Torres Duarte’s father, also named Sergio Torres, did some research and found that the van was seized in a drug raid and police found drugs, but apparently missed some before sending the vehicle for auction. Nevertheless, the boys remain in a Mexican jail.
President Barack Obama was widely ridiculed last week for his latest effort to quiet public unrest over his massive warrantless surveillance programs. As we discussed, Obama made statements on the program and Snowden that were disengenuous at best and viewed by civil libertarians as facially dishonest. His main “reform” was the rather laughable suggestion that his Administration, once again, would review itself and he would create yet another hand-picked committee to monitor his unchecked authority. While some of us said that Obama’s comments showed almost open contempt for the intelligence of the public and the independence of the press, nothing prepared us this week for his announcement on who would head the review: National Intelligence Chief John Clapper. That’s right. Clapper, the man who admitted to lying before Congress on these programs and has been protected by Congress and Attorney General Eric Holder from a perjury charge. The White House announced Clapper’s selection on Monday and Clapper issued a statement announcing his intention to find a way to preserve national security while “maintaing the public trust.” On Tuesday, the outcry over Clapper’s selection led the White House to try to backpedal and explain this insulting appointment. The White House now says that Clapper will not “lead” the panel and that it will remain “independent” even with his looming presence.
The New Mexico Supreme Court has attracted considerable attention this week with its ruling in the State of New Mexico v. Samora where it ruled that courts could not exclude jurors who did not speak English. Michael Anthony Samora was charged with first-degree murder and other crimes for the bludgeoning death of his girlfriend and a subsequent robbery and stabbing at an Albuquerque convenience store. He appealed on the grounds that a juror was excluded because he could not follow the proceedings in English. The Court agreed but found that the error did not deny him a fair trial.
It is inevitable that, as more states recognize same-sex marriage, a host of collateral conflicts will arise over the use of such marriage licenses. One is at the heart of a controversy in Kentucky. Geneva Case, 49, has invoked spousal privilege to shield her from testifying against her spouse. It just so happens that her spouse is another woman: making this the first known spousal privilege claims for a same sex couple. The privilege is being invoked in a murder trial in Kentucky.
Continue reading “Kentucky Woman Invokes Spousal Immunity In Murder Trial Of Same-Sex Partner”