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Archive for the ‘Justice System’ Category

Today has been crazy busy, so no posting except for my column this week, which should piss a few people off.

It’s about Pfc Bradley Manning, the former Army intelligence officer who leaked some things (actually many thing) to Wikileaks that were very bad or very good, depending on your outlook. I side with the latter viewpoint.

Manning is the U.S. Army Pfc who was arrested in May 2010 for allegedly passing classified secrets to Wikileaks, which published many of them. Manning, who was unhappy with his life in the military, was accused by prosecutors of being motivated primarily by this unhappiness. Manning and his supporters argue that he motivated by the very things I mentioned at the beginning of this piece: a desire to expose the hypocrisy of a military system that professed to be using troops to defend truth, freedom and the American way, but which instead was wasting untold military lives to wage wars which would, as we all know now, end up being next to pointless.

But Manning exposed more than just a government and military willing to kill its own for ephemeral gains. He also exposed needless deaths of Iraqi and Afghani civilians, including the May, 4, 2009 Garanal massacre, a B-1 bombing raid which is said to have killed between 86-147 Afghan civilians.  This was a war crime, pure and simple.

American government and military officials say that Manning put American military lives in danger because of the anger these kinds of leaks engendered in local populations. A more critical reading of these incidents brings up more important questions, including the most important one of all: Aren’t we supposed to be the good guys? All it takes is a few mass murders by our military, and the sheen of righteousness in which they cloak themselves washed away.

Manning had issues and we may never know how pure his motivations were. But that is not relevant. The information he released showed an American government and military, which were telling the U.S. public one thing, while committing war crimes in the Middle East. The Manning leaks also show a military effort that was often haphazard and at odd with its stated goals. If you cannot work up a tear or two over civilian casualties in war, how about working some up over dead soldiers who were fighting and dying for little more than window dressing meant to sell the war to a skeptical public at home?

Sound familiar? It should if you know recent American history at all, because of a psychiatrist and private contractor with the Rand Corporation named Daniel Ellsberg who, in 1971, released the Pentagon Papers showing that the U.S. government basically had no idea what it was doing in the Vietnam War. Those papers were published by no less than the New York Times, and the incident is considered a seminal moment in free speech and newspaper publishing in America.

You can read the rest here.

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I hate to bring everyone down, but I cannot let this pass without notice.

First the guy douses in tanning oil the gay epileptic kid with Asperger’s, as they taunted him with anti-gay slurs. Then he set him on fire — burns from which the disabled kid died.

Then he was convicted of manslaughter.

There is something seriously wrong with certain parts of this world.

Read about it here.

One more point: dousing a disabled gay kid in oil and setting him on fire is NOT a stupid prank gone awry. It’s murder aforethought. Period. You don’t set someone on fire without the intent of killing them.

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OverweightCrimeFighter

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OK, now we know she’s full of shit.

NEverMasturbateAriasTrial

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Regular readers of this space know that this is one of my pet peeves: a general public and criminal justice system that looks the other way when a driver kills someone on a two-wheeled vehicle, whether it’s a bicycle, scooter or motorcycle. (The last time I wrote about this was here.) This is a problem that exists everywhere, but is particularly acute here in socially conscious Massachusetts which is thick with colleges and universities — and people who ride two-wheeled vehicles.

The Ghost Bike memorializing Alexander Monetsignos of Wellesley, devoted husband, and father of one little boy.

The Ghost Bike memorializing Alexander Monetsignos of Wellesley, devoted husband, and father of one little boy.

Now comes word that another jury of our peers has deemed the killing of a person on a bike to be no big deal. If a person in another car had done the exact same thing, this guy would be on his way to a trial and jail time. But not here. Not even in true blue Massachusetts:

Within Boston’s growing cycling community, a perceived lack of criminal prosecution of motorists involved in fatal bike crashes has been a regular source of outrage in recent years. That ire came to a ­fever pitch last week, when a grand jury investigation of a Wellesley bike crash with seemingly copious evidence — video footage, witnesses defending the deceased bicyclist, a truck driver who had fled the scene and had an extensive history of driving infractions — came back with no charges.

The grand jury’s decision, bicyclists contend, is evidence of a wider problem: Most people do not respect the rights of bike riders.

“The message that we got from this particular case,” said David Watson, executive director of the Massachusetts Bicycle Coalition, “is that, clearly, members of the general public still don’t care enough about bicyclists’ safety.”

Historically, prosecutors have been seen as reluctant to seek charges in crashes ­between bikes and cars. Civil cases have long been the realm of justice for families. But ­cyclists say they want better, and they had hoped to get it in the case against truck driver Dana E.A. McCoomb, accused of striking and killing cyclist ­Alexander Motsenigos, 41, on Weston Road in Wellesley.

You can read the rest of the story here.

I know of what I speak: I spent five days in the hospital (and months recuperating) after a Boston driver made a right turn in front of me on my large 250cc scooter — technically big enough to be a motorcycle and easy to see —  from the far left lane of three-lane one-way street.

Unbeknownst to me, the Boston Police officer responding didn’t even take a complete police report, so when the time came for me to take the necessary next steps in these situations — file a civil suit because the criminal justice system refused to do its job — I couldn’t even find the name of the person who turned in front of me. The officer hadn’t bothered to write it down. (All I remember is when he jumped out of his SUV to check on me, the idiot who made the illegal turn in front of me was still wearing bud earphones — in both ears.)

RIP Alexander Montesignos. I hope your wife finds a good attorney who can ruin the financial life of the guy who killed you.

That may seem harsh, but that apparently is the only way that society might ever start to change.

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I would guess that “startling jurors” is an understatement:

An assault trial over a fight that cost a man his left eye ended in a mistrial Wednesday when his prosthetic eye popped out as he was testifying, startling jurors. EyeballPopsOut

John Huttick was weeping on the witness stand as he testified about the impact of losing his eye in the August 2011 fight in the parking lot of a bar called the New Princeton Tavern, The Philadelphia Inquirer reported.

Suddenly, the $3,000 prosthetic blue eye popped out. Huttick caught it and cried out as two jurors gasped and started to rise.

“I couldn’t believe it just came out,” Huttick said.

Judge Robert Coleman, who called it an “unfortunate, unforeseen incident,” granted a mistrial motion by defense attorney Eileen Hurley. He scheduled a new trial for March 4.

Just when you think you have problems, along comes the story of a guy like this. Sad.

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I’ve not commented on the awful events in Newtown because what needs to be said is already being said, and it’s all just too awful for me to contemplate for very long before I start feeling overwhelmed. I tried watching some of the amazingly loving eulogies given by the parents of the little ones,  but then I’m a wreck and have to stop watching altogether.

Just reading about Noah Pozner’s mother’s remembrances was so touching and awful at the same time:

“I will miss your forceful and purposeful little steps stomping through our house. I will miss your perpetual smile, the twinkle in your dark blue eyes, framed by eyelashes that would be the envy of any lady in this room,” his mother, Veronique Pozner, told mourners.

“Most of all, I will miss your visions of your future. You wanted to be a doctor, a soldier, a taco factory manager. It was your favorite food, and no doubt you wanted to ensure that the world kept producing tacos,” she said, evoking laughter from the crowd.

She closed by saying: “Momma loves you, little man.”

I couldn’t think about anything else for a long while after reading that. I cannot imagine what it must be like to be so eloquent in the moments of your greatest heartache. I can’t envision being able to even speak.

A protester at the NRA's Dec. 21 press conference.

A protester at the NRA’s Dec. 21 press conference.

So I’ve not written anything because what can you add of importance to the words of people who’ve experienced that kind of loss first-hand?

It’s so needless. It’s so sad. It’s so preventable.

Then came today’s unbelievably tone deaf news conference by  Wayne LaPierre, head of the National Rifle Association (NRA).

I’m from Nebraska. I get it. I come from a family of people who think of shooting guns at animals and inanimate objects as a form of sport. And some of these people, most rational beings, believe that liberals want to take away all of their guns, so they go along with the NRA’s give-no-territory approach to gun control because if liberals can ban assault weapons, they will try to ban all guns eventually.

There is no evidence for that conclusion, but that is how some of these people sincerely feel.

But I think (I hope) the NRA lost some support even among rabid gun owners when they basically suggested today one remedy for Newtown:

How have our nation’s priorities gotten so far out of order? Think about it. We care about our money, so we protect our banks with armed guards. American airports, office buildings, power plants, courthouses — even sports stadiums — are all protected by armed security.

We care about the President, so we protect him with armed Secret Service agents. Members of Congress work in offices surrounded by armed Capitol Police officers.

Yet when it comes to the most beloved, innocent and vulnerable members of the American family — our children — we as a society leave them utterly defenseless, and the monsters and predators of this world know it and exploit it. That must change now!

And there you have it: the way to protect children is to put armed guards in elementary schools. Guns, every day, around kids, in every school in America.

The best response I heard regarding this today was from someone who more or less said, “How is it that the right-wing nuts who control the GOP are the first ones to scream about Obama creating a police state, and yet they are the first ones to suggest that creating a police state is the way to solve our problems?”

In the NRA’s defense, at least they had the decency to mention that we need to do something about dismal state of mental health services in this country.

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All you have to do is look at respected national polls about homosexuality and same-sex marriage to come to the inescapable conclusion that the rabid religious right-wing in this country is losing this battle — most decisively among young people, even those who self-identify as evangelical Christians.

As the bigots die off from old age, we are coming closer to victory.

So what do you do when you are losing on the facts regarding an issue? As the old saying goes, if you can’t dazzle them with brilliance, you try to baffle them with bullshit.

The latest rhetorical tactic the rabid right is taking out for a spin is the one where they try to argue that by being prevented from using their religion to discriminate against people, it is they are are actually being discriminated against.

Got it? It’s as if Bull Connors back in the days of the segregation tried to talk your local reporters into believing that by being prevented from treating blacks unequally, it is the racists who are suffering the discrimination.

Come to think of it, that is exactly what some racists back then tried to say, usually in the name of God. So the more things change, the more they stay the same with these people.

Watch this video from Right Wing Watch and be amazed that anyone could be this stupid — this time about a law passed in California that prevents quack psychotherapists from practicing their pernicious form of child abuse under the guise of mental health treatment.

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Another true story of dogged police work in Philadelphia, complete with awesome headline.

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Why average, thinking Americans, Greeks, Spaniards and others are not rioting in the streets and pulling bankers out of their offices to shame them in public is beyond me. I was just reading an article in The Economist about the latest outrages of the bankers, traders and other financial types and two paragraphs stopped me cold:

The regulatory machinery will grind slowly. Investigators are unlikely to produce new evidence against other banks for a few months yet. Slower still will be the progress of civil claims. Actions representing a huge variety of plaintiffs have been launched. Among the claimants are investors in savings rates or bonds linked to LIBOR, those buying derivatives priced off it, and those who dealt directly with banks involved in setting LIBOR.

Deciding a figure for the potential liability facing banks is tough, partly because the cases will be testing new areas of the law such as whether, for instance, an Australian firm that took out an interest-rate swap with a local bank should be able to sue a British or American bank involved in setting LIBOR, even if the firm had no direct dealings with the bank. The extent of the banks’ liability may well depend on whether regulators press them to pay compensation or, conversely, offer banks some protection because of worries that the sums involved may be so large as to need yet more bail-outs, according to one senior London lawyer. [emphasis mine]

In other words, even after the economic meltdown of 2008 caused by bankers who then had to be bailed out with taxpayer money so that those same bankers could then eventually demand austerity measures that are causing widespread pain around the world for common people, the bankers were still gaming the system in their favor, cheating governments and individuals out of enormous sums of money so those bankers could become even more wealthy.

And now, as that last bold-faced sentence points out, those cheating bankers will likely get away with it again because to hold them to account fully for their misdeeds would mean that the too-big-to-fail banks would require still more taxpayer money to stay afloat. Except there is no more taxpayer money to lard up bankers’ pockets this time, so it is very likely nothing will happen to any of them.

The CEOs of these banks and all the crooked traders should be in jail. After all, if you and I steal food from a supermarket to feed our family, the system would arrest us in a second. Yet these people keep trashing the world economy with their greed and avarice, and they get away with it because the poor things will take the world economy down with them if we hold them accountable.

Which is why I say again, the only way these people will be held accountable is (apparently) if the rest of us drag them from their boardrooms and executive suites and lock them into stockades in the town square.

Where is the outrage of the ridiculously stupid Tea Partiers when you really have something about which they should be furious? Instead, they’re bitching about same-sex marriage and immigration. Unbelievable. Some day everyone will wake up, one hopes before it’s too late.

You can read The Economist article (“The LIBOR Scandal: The Rotten Heart Of Finance”) at this link.

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The screen cap below is from an e-mail I receive at least every day regarding Aaron Ross Sorkin’s Dealbook feature at the New York Times.

This is from just one e-mail today, and it suggests just how much of Wall Street is crooked or thinking about it.

I recommend getting on the Dealbook e-mail list so that you, too, can see how the financial industry is taking the rest of us around the world for a ride so that they can get rich — and wreck lives and economies in the doing. You can join that e-mail list by clicking here.

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The leader of the Labor Party in Britain, Edward Milband, has joined London Mayor Boris Johnson in calling for criminal investigations into the widening LIBOR scandal involving Barclays during which that bank and many others may have colluded to fix interest rates to the detriment of anyone who has to borrow money or issue government bonds. Said Johnson:

To manipulate an interest rate for gain looks to me like a very, very dodgy practice indeed. And I hope that the whole thing is fully investigated and those who are liable pay the price.

It’s not for me to say who is culpable in this, but plainly banks have been forthcoming in getting their dirty linen out there and I think the whole banking industry now needs to come clean about what has been going on. And, in so far as there has been a conspiracy to manipulate Libor, which seems to be what’s going on, in so far as that has been done for gain by these banks in order to guarantee the success of their own derivatives, trades or whatever, then it strikes me that that is almost certainly criminal and there needs to be a proper investigation.

Then Milband chimed in and said:

This cannot be about a slap on the wrist, a fine and the foregoing of bonuses.

To believe that is the end of the matter would be totally wrong.

When ordinary people break the law, they face charges, prosecution and punishment.

We need to know who knew what when, and criminal prosecutions should follow against those who broke the law.

The same should happen here.

The public who are paying the price for bankers’ irresponsibility will expect nothing less …

We need the strongest punishment, a change in regulation and a change in the culture of our banks.

While our political culture is wasting its time on the so-called Fast and Furious scandal and other diversions, the too-big-to-fail banks both here and abroad continue to act as if the 2008 financial meltdown never happened.

Manipulating key interests rates to favor the banks costs everyone but the banks huge sums of money, including local and state governments teetering toward bankruptcy who end up paying higher interest rates than they should while the bankers get rich and rape the national and local economies in the process.

If you want to keep up with what is happening in this sphere, I suggest you follow the postings of Duncan Osborne who does a magnificent jobs keeping up with some complicated issues.

I will vote for Barack Obama this fall because the alternative is so awful. But let’s be clear: the Democrats have been only marginally better than the Republicans were on meaningful oversight of Wall Street.

Yes, some of this stuff is dry and boring. But this is the real story of the world’s continuing financial catastrophe and, amazingly, the people who did it all prior to 2008 are still doing it and the Republicans are doing everything in their power to keep your attention on Barack Obama and not on the people who are taking us down the same dangerous road again.

As for whether any higher-up bankers end up in jail, I’ll believe it when I see it. Let’s hope they stick to their word.

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But then we wouldn’t have heard about it, would we?

Story here.

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I don’t even like the guy. I think he’s a spoiled rich Southern redneck baseball jock who more than likely did everything of which he is accused.

However, the idea that our justice system goes full throttle and spends millions of dollars to protect the alleged sanctity of baseball — and that is what this was about — is monstrous when you consider that not one single Wall Street chieftain or even a lower level functionary at Goldman Sachs or any other bank or investment firm has EVER been prosecuted.

They destroy the world economy, get rich in the process and not a thing happens to any of them. Clemens supposedly does ‘roids like so many other professional athletes and the full weight of the law and Congress go after him.

Good for you, Roger. I hope you have a good retirement, buddy.

If I had my way, every single prosecutor involved in this sham would lose her or his job.

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This decision by a Florida Circuit Court judge regarding what he deemed to be obvious lying by police officers is great reading, even though it’s from way back in January. I just read about it in a blog post by Radley Balko, agitator extraordinaire at his web site.

Having been an editor who has spoken to many people over the years involved in cases where the police involved in an arrest were clearly lying — defense attorneys, judges, defendants — it really fucked up my worldview when I first realized how often it happens.

I have a lot of friends who are honest cops and I don’t think that even most cops are crooked. A little confused at times about whom they are supposed to be protecting and serving, which leads to some on-the-scene excesses by even the best cops. But most of them dishonest? I’d like to think not.

But in my experience, a cop who’s decided to use lies as an end to whatever means can cut a huge swath of damage before (and if) he is caught. For instance, cops used to routinely lie in Boston about how they would brazenly entrap innocent gay men in sex stings at rest stops and in public bathrooms by saying the men touched themselves or the officers when nothing of the sort happened. Either that or they’d use physically beautiful cops as decoys to ensnare men who would not have otherwise been picking anyone up in a public place.

This led to years of mistrust between gays and cops.

Anyway, this judge in Florida, Balko notes, had enough and let the officers know it:

Dishonesty is seldom without consequences for any of us. When the government lies to its citizens, though, the consequences are dire. What of the societal costs included when officers of the law offend law-abiding citizens by lying to them? Or the costs of teaching and encouraging young officers to be dishonest in their work for the sake of enhancing their arrest rates? Or the costs suffered when naturally enthusiastic officers who are taught to be dishonest in one “investigative” realm come to appreciate that dishonesty “works” just as well when it is not legally permitted? When a “white lie” told for legally permissible reasons morphs into the “white lie” told for noble, but illegal, reasons? What are the costs of alienating those growing segments of the community where “knock and talk” sessions are more likely to become a standard practice? Or the costs incurred when police come before the court, time after time, employing deceitful law enforcement practice?

What are the costs of teaching the community that law enforcement officers, whom ideally deserve the trust of the citizen, cannot be trusted to tell the simple truth? That no one is wearing the white hat anymore? That the ends justify the means? That the virtue of honesty is essential in our families and individual lives, but that same virtue is optional for the executive branch of our government in the exercise of its police powers? A nation founded on the notions we find in our Constitution is surely better than this.

You can download the full decision as a PDF here.

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