Activist files lawsuit to halt Arpaio recall
Some times life sucks. So please don't blame me for this lousy news. I didn't file the lawsuit, I'm just posting an article about it.
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Activist files lawsuit to halt Arpaio recall
By Ronald J. Hansen The Republic | azcentral.com Thu Mar 21, 2013 10:09 PM
A nationally known conservative legal activist filed suit Thursday to end the recall petition against Maricopa County Sheriff Joe Arpaio, saying it violates the state’s constitution.
Larry Klayman, a lawyer who helped bedevil the Clinton administration in the 1990s through his group Judicial Watch, called the current recall effort against Arpaio an ongoing criminal activity. Klayman’s suit seeks court orders to shut the recall down and return the money donors raised to support it.
Chiefly, the suit takes aim at how quickly the recall started: only days after Arpaio began his sixth term. Klayman said the Arizona Constitution requires recalls to wait at least six months into a new term, and a state law that suggests otherwise is legally invalid.
“It’s not only unconstitutional,” Klayman said. “It’s an abuse of process.”
The recall is led by a group called Respect Arizona, which maintains that few voters knew how much Arpaio spent on his re-election or that he refused to debate his opponent.
Respect Arizona has ties to a group led by political organizer Randy Parraz, who helped lead the successful 2011 recall of former state Sen. Russell Pearce, then president of the Arizona Senate. Parraz also helped lead the failed effort to defeat Arpaio in the 2012 election.
Klayman’s lawsuit, filed on behalf of a group called Citizens to Protect Fair Election Results, does not involve Respect Arizona and instead seeks steps by state and county election officials to end a recall that he said could cost as much as $5 million.
Lilia Alvarez, campaign manager for Respect Arizona, said the suit is an unsuccessful and premature attempt to intimidate her organization.
“We won’t back down,” she said.
Alvarez declined to say how many signatures Respect Arizona has obtained, but she did say it has taken in more than $300,000 in support of the effort.
Klayman said he had not discussed his case with Arpaio. A spokesman for Secretary of State Ken Bennett said they had not yet received a copy of the suit and could not comment.
NY cops ordered to stop and frisk "the right people"???
This article seems to say "the right people" is cop slang for Blacks and Mexicans!!
I suspect Sheriff Joe orders his cops to stop all the "right people".
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Recording Points to Race Factor in Stops by New York Police
By JOSEPH GOLDSTEIN
Published: March 21, 2013 49 Comments
For years, the debate over the New York Police Department’s use of stop-and-frisk tactics has centered on whether officers engage in racial profiling. Now, a recording suggests that, in at least one precinct, a person’s skin color can be a deciding factor in who is stopped.
The recording, played on Thursday in Federal District Court in Manhattan, was of a conversation between a patrol officer and his commanding officer in the 40th Precinct in the South Bronx, a violent command that recorded the highest number of police stops in the Bronx in 2011.
The commanding officer, Deputy Inspector Christopher McCormack, urged the officer to be more active, emphasizing the need to conduct more street stops. “We go out there and we summons people,” Inspector McCormack said. The way to suppress violent crime, he said, was for officers to stop, question and, if necessary, frisk “the right people at the right time, the right location.”
The officer who surreptitiously recorded the conversation last month, Pedro Serrano, began pressing Inspector McCormack about who he meant by the “right people.” The conversation grew heated.
After an exchange about Mott Haven, a particularly crime-prone neighborhood, the inspector suggested that the police needed to conduct street stops of the people creating “the most problems” there.
“The problem was, what, male blacks,” Inspector McCormack said. “And I told you at roll call, and I have no problem telling you this, male blacks 14 to 20, 21.”
The conversation was played on the fourth day of a class-action lawsuit covering several million stop-and-frisk encounters in the city, a police tactic that the Bloomberg administration has embraced, citing its effectiveness in driving down gun violence. But the tactic has proved divisive in many parts of the city and has become a major issue in the mayoral race.
The authority of the police to use stop-and-frisk tactics is not at issue, but how the Police Department conducts these street interactions — and whether it stops blacks and Hispanics in violation of the Constitution — is the matter at hand before the judge in the case, Shira A. Scheindlin.
The question of what commanders mean by “the right people” is central to the trial.
Civil rights lawyers have long maintained that the term “right people” is police code for young black and Hispanic men, who make up an overwhelming share of those stopped. But the police, on the other hand, say that they use this phrase to describe habitual lawbreakers, and that by focusing on the “right people,” they are trying to avoid giving tickets to the construction worker drinking a beer on his way home or the couple strolling through a park that is closed for the night.
Officer Serrano, 43, testified on Thursday that he believed his supervisors used the expression to pressure officers to stop blacks and Hispanics without reasonable suspicion.
He testified that he once told a teenager he had been ordered to issue a ticket that “they should take my name down and if they sue, they could use me as a witness.”
Officer Serrano is the second Bronx police officer to take the witness stand in the trial and assert that police supervisors institute quotas that encourage officers to stop people unlawfully. He said he began taping interactions with supervisors in the station house because “they’re asking me to do something that’s illegal, I believe, and I was worried.”
Officer Serrano, who continues to work in the 40th Precinct, said that as a Hispanic man in the Bronx, he himself had been stopped many times. “It’s not a good feeling,” he testified.
When he went to Inspector McCormack’s office last month to complain about his work evaluation, he immediately came under criticism for having reported only a couple of street stops for all of 2012.
“It seems like you are purposely not doing anything to help prevent the shootings, the robberies and the grand larcenies,” Inspector McCormack said. To conduct so few stops in a year, amid so much crime, he said, was “not fair to the public.”
“I could see in Central Park maybe that would be fine, but this ain’t Central Park,” Inspector McCormack said.
Officer Serrano explained that his interactions with the public did not always rise to stops, as a matter of law, and so he rarely filled out the UF-250 form, which officers are supposed to fill out each time they conduct a stop.
At first, Inspector McCormack can be heard lecturing Officer Serrano about how “99 percent of these people in this community are great, hardworking people” who deserve to go about their days in peace. But the citizens, he said, were troubled by crime, and he went on to describe how a woman in her 60s was shot coming out of an elevator at 10 a.m.
The ambiguity in how the phrase “stopping the right people” is used by police commanders, and how it may be interpreted by patrol officers, was evident in the recordings played in court.
Pressed by the officer on what he meant, Inspector McCormack offered examples of people who should not be stopped, like an elderly person violating a parks rule by playing chess. He also cited the stop of a 48-year-old woman who was intercepted on her way to work as she took a shortcut through a park that was closed for the night.
“You think that’s the right people?” Inspector McCormack asked the officer skeptically.
But with Officer Serrano challenging him, the inspector never offered a clear answer.
“So what am I supposed to do?” Officer Serrano asked, after Inspector McCormack used that expression again. “Is it stop every black and Hispanic?”
The exchange continues until the inspector brings the conversation to a close, telling the officer, “You’re very close to having a problem here.”
The inspector continued, “The problem is that you don’t know who to stop and how to stop.”
In a later passage of the recording, which was not played in court, Inspector McCormack seemed to suggest to others there that Officer Serrano was trying to put words in his mouth. “He’s adding on that I wanted him to stop every black and Hispanic.”
Inspector McCormack is expected to be called as a witness in the coming weeks.
Hitler joins gun debate, but history is in dispute
I am not sure what is true. There is a lot of stuff out that that says
Hitler loosening gun control in Nazi German is just a bunch of
mythology created by people that love Hitler.
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Hitler joins gun debate, but history is in dispute
By Adam Geller Associated Press Sat Mar 23, 2013 8:26 AM
When the president of Ohio’s state school board posted her opposition to gun control, she used a powerful symbol to make her point: a picture of Adolf Hitler. When a well-known conservative commentator decried efforts to restrict guns, he argued that if only Jews in Poland had been better armed, many more would have survived the Holocaust.
In the months since the Newtown, Conn., school massacre, some gun rights supporters have repeatedly compared U.S. gun control efforts to Nazi restrictions on firearms, arguing that limiting weapons ownership could leave Americans defenseless against homegrown tyrants.
But some experts say that argument distorts a complex and contrary history. In reality, scholars say, Hitler loosened the tight gun laws that governed Germany after World War I, even as he barred Jews from owning weapons and moved to confiscate them.
Advocates who cite Hitler in the current U.S. debate overlook that Jews in 1930s Germany were a very small population, owned few guns before the Nazis took control, and lived under a dictatorship commanding overwhelming public support and military might, historians say. While it doesn’t fit neatly into the modern-day gun debate, they say, the truth is that for all Hitler’s unquestionably evil acts, his firearms laws likely made no difference in Jews’ very tenuous odds of survival.
“Objectively, it might have made things worse” if the Jews who fought the Nazis in Poland’s 1943 Warsaw ghetto uprising had more and better guns, said historian Steve Paulsson, an expert on the period whose Jewish family survived the city’s destruction.
But comparisons between a push by gun control advocates in the U.S. and Hitler have become so common — in online comments and letters to newspaper editors, at gun rights protests and in public forums — they’re often asserted as fact, rather than argument.
“Absolute certainties are a rare thing in this life, but one I think can be collectively agreed upon is the undeniable fact that the Holocaust would have never taken place had the Jewish citizenry of Hitler’s Germany had the right to bear arms and defended themselves with those arms,” former Major League Baseball pitcher John Rocker wrote in an online column in January.
After some gun advocates rallied at New York’s capitol in February carrying signs depicting Gov. Andrew Cuomo as Hitler, National Rifle Association President David Keene said the analogy was appropriate.
“Folks that are cognizant of the history, not just in Germany but elsewhere, look back to that history and say we can’t let that sort of thing happen here,” Keene, who was the lead speaker at the rally, told a radio interviewer March 1.
Those comparisons between gun control now and under Hitler joined numerous other statements, including the one by the Ohio school board president, Debe Terhar, on her personal Facebook page in January and by conservative commentator Andrew Napolitano, writing in The Washington Times.
The comparisons recently prompted the Anti-Defamation League, a Jewish civil rights group, to call on critics of gun control to keep Hitler and the Nazis out of the debate.
The rhetoric “is such an absurdity and so offensive and just undermines any real understanding of what the Holocaust was about,” said Ken Jacobson, the ADL’s deputy national director. “If they do believe it, they’re making no serious examination of what the Nazi regime was about.”
But some gun rights advocates firmly disagree.
“People who fail to learn from history are doomed to repeat it,” said Charles Heller, executive director of Jews for the Preservation of Firearms Ownership, which has long compared U.S. gun control to Nazi tactics. “I guess if you’re pro-Nazi, they are right. But if you’re pro-freedom, we call those people liars.”
Comparing gun control activism to Hitler is not new. In a 1994 book, “Guns, Crime and Freedom,” NRA Executive Vice President Wayne LaPierre wrote that “In Germany, firearm registration helped lead to the Holocaust.”
But the history of civilian gun ownership under the Nazis, scholars say, is far more complicated than the rhetoric indicates.
After World War I, Germany signed a peace treaty requiring dismantling of much of its army and limiting weapons import and export. But many of the 1 million soldiers returning home joined armed militias, including a Nazi Party force that saw Communists as the leading threat.
“Technically, they (the militias) were illegal and the guns were illegal, but a lot of government officials didn’t care about right-wingers with guns taking on Communists,” said David Redles, co-author of “Hitler and Nazi Germany: A History,” a popular college text. By 1928, however, officials decided they had to get a handle on the militias and their weapons and passed a law requiring registration of all guns, said Redles, who teaches at Cuyahoga Community College in Cleveland.
Soon after Hitler was named chancellor in 1933, he used the arson of the Reichstag as an excuse to push through a decree allowing for the arrest of many Communists and the suspension of civil rights including protections from search and seizure. But as the Nazis increasingly targeted Jews and others they considered enemies, they moved in 1938 to loosen gun statutes for the loyal majority, said Bernard Harcourt, a University of Chicago professor of law and political science who has studied gun regulations under Hitler.
The 1938 law is best known for barring Jews from owning weapons, after which the Nazis confiscated guns from Jewish homes. But Harcourt points out that Hitler’s gun law otherwise completely deregulated acquisition of rifles, long guns and ammunition. It exempted many groups from requiring permits. The law lowered the age for legal gun ownership from 20 to 18. And it extended the validity of gun permits from one year to three years.
“To suggest that the targeting of Jews in any of the gun regulations or any of the other regulations is somehow tied to Nazis’ view of guns is entirely misleading,” Harcourt said, “because the Nazis believed in a greater deregulation of firearms. Firearms were viewed, for the good German, were something to which they had rights.”
With the 1938 law, Nazis seized guns from Jewish homes. But few Jews owned guns and they composed just 2 percent of the population in a country that strongly backed Hitler. By the time the law passed, Jews were so marginalized and spread among so many cities, there was no possibility of them putting up meaningful resistance, even with guns, said Robert Gellately, a professor of history at Florida State University and author of “Backing Hitler: Consent and Coercion in Nazi Germany.”
U.S. gun rights advocates disagree, pointing to the 1943 Warsaw ghetto uprising by about 700 armed Jews who were able to fend off a much larger force of German troops for days until retreating to tunnels or fleeing. The Nazis won out by systematically burning the ghetto to the ground, house by house.
“Once the Germans began adopting that strategy there really wasn’t very much that people armed with pistols, or even rifles and machine guns, could do,” said Paulsson, the historian and author of “Secret City: The Hidden Jews of Warsaw.”
Paulsson said it is possible that if Polish Jews had limited their resistance, Nazi troops might not have destroyed the ghetto, allowing more to survive in hiding or escape. When armed Jews shot at mobs or troops at other times in 1930s and 1940s Poland, it incited more vicious counter-attacks, he said.
But to Heller, the gun rights activist, the Warsaw uprising is proof of power in firearms. Giving Jews more guns might not have averted the Holocaust, but it would have given them a fighting chance, enough that perhaps a third of them could have shot their way out of being marched to the concentration camps, he said.
“Could they have fought back? They did (in Warsaw). You know why they (the Nazis) destroyed the ghetto? Because they were afraid of getting shot,” he said. “Now, will it get to that in the U.S.? God, I hope not. Not if (U.S. Attorney General Eric) Holder doesn’t start sending people to kick doors down.”
But Paulsson, whose mother was freed from the Auschwitz concentration camp at the end of the war, dismisses that argument as twisting the facts.
“Ideologues always try to shoehorn history into their own categories and read into the past things that serve their own particular purposes,” he said.
Honduras police operating death squads???
Hmmm... America the great land of freedom and democracy is financing the armed police thugs:
Despite millions of dollars in U.S. aid to Honduras aimed at professionalizing the country’s police ...
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Police in Honduras accused of operating death squads
By Alberto Arce Associated Press Fri Mar 22, 2013 8:38 PM
TEGUCIGALPA, Honduras The operation was quick and under the cover of night. Armed, masked men arrived in late-model SUVs, getting through the gate into the small neighborhood of humble homes. Without firing a shot, witnesses said, they took Kevin Samraid Carranza Padilla, 28, known in the gang world as “Teiker,” and his girlfriend, Cindy Yadira Garcia, 19.
The next morning, Jan. 10, Honduras’ major newspaper, El Heraldo, reported that police had captured Carranza, a leader of the 18th Street gang suspected in the shooting death of a police commander months earlier. It also published a photo of a shirtless, tattooed young man lying on the ground, his hands behind his back, his face partially wrapped in blue duct tape, the roll still attached. Carranza’s mother, Blanca Alvarado, recognized him from his tattoos.
The photo was distributed to media by a police prosecutor, according to three sources who didn’t want to be named for security reasons. Soon after, agents at the national criminal investigations office acknowledged that there was a detention order for Carranza, and he had been brought in.
More than two months later, Carranza and Yadira have disappeared, The Associated Press has found. They are not in police custody, there are no criminal proceedings against them, and police now say they know nothing about the case.
“At this point,” said Carranza’s mother, “one can only imagine that they are dead.”
At all levels
Police have long been accused of operating more like assassins than law enforcement officers in Honduras, but few cases ever have been investigated. In the past year, police were alleged to have been involved in the deaths of a prominent Honduran radio journalist and the son of a former police chief — but neither killing has been solved.
Despite millions of dollars in U.S. aid to Honduras aimed at professionalizing the country’s police, accusations persist.
In the past three years, the AP has learned, Honduran prosecutors have received as many as 150 formal complaints about death squad-style killings in the capital of Tegucigalpa, and at least 50 more in the economic hub of San Pedro Sula. The country’s National Autonomous University, citing police reports, has counted 149 civilians killed by police in the past two years, including 25 members of the 18th Street gang.
Even the country’s top police chief has been charged with being complicit.
In 2002, a police internal affairs report accused then-police prison inspector Juan Carlos Bonilla of three extrajudicial killings — and linked him to 11 more deaths and disappearances that it said were part of a police policy of “social cleansing.” He was tried and acquitted on one of the three charges. The head of internal affairs unit who produced the report, Maria Luisa Borjas, was expelled from the department, and the rest of the cases, like most crimes in Honduras, were not investigated.
Last year, Bonilla was chosen to lead the national police force despite unanswered questions about his past.
Surveillance video
AP interviews with family, witnesses and law enforcement officials paint a picture of a case in which two people associated with gangs were taken into police custody and then never heard from again.
After witnesses told Alvarado, 50, that her son had been taken by police, she went to a series of police stations in search of him.
At the National Criminal Investigations Office, she was met by 20 officers, some masked, who openly played with their guns as she asked after her son and his girlfriend.
“You can look for those dogs in the Tablon,” Alvarado said they told her, referring to a lot outside of the city where bodies of the executed are regularly dumped, their faces taped and hands and feet tied.
Honduras has the highest murder rate in the world.
The modus operandi in death squad-style killings does not vary much: masked men in bulletproof vests, traveling in large vehicles with tinted windows and no plates, roam the city in groups of 10, said an official in the Carranza investigation, who also could not be named because of the sensitivity of the case.
A month after Carranza’s disappearance, Honduran media released a surveillance video of a similar case: five young men walking a street at night were stopped and surrounded by masked gunmen with AK-47s who pulled up in a large SUV. The gunmen fired at three men who fled. The remaining two, their hands up in surrender, were made to lie face down on the pavement — and then shot several times in cold blood.
One died instantly. The other is seen still moving after three shots from an assault weapon. He later died at a hospital.
A jobs program for MCCCD cops - Sounds like it!!!
Yes, this article sure sounds like they want to create a jobs program for Maricopa Community Colleges Police Officers.
The $5-per-credit hour tuition hike will cost students taking a full time load of 18 hours $90 a semester.
Who needs to pay $90 more a semester to hire police thugs to micromanage your lives???
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MCCCD weighs tuition hike to bolster campus security
By Mary Beth Faller The Republic | azcentral.com Fri Mar 22, 2013 10:43 PM
A tuition increase for students of Maricopa Community Colleges would pay for a fundamental change to the district’s security culture, from an uneven patchwork of guards and aides at the many campuses to a full staff of certified, armed officers.
The community-college district’s chief of police is seeking $2 million to hire 23 additional officers, a 50 percent increase in staffing for the district’s Department of Public Safety.
The governing board of the Maricopa County Community College District will vote on a $5-per-credit tuition increase on Tuesday. Students’ costs would increase from $76 per credit hour to $81 per credit hour for 2013-14. If approved, the tuition hike would generate an additional $12.5 million for the district.
Mikel Longman, the district’s chief of police, was hired last year to consolidate the 10 colleges’ public-safety units, which were independent, into one district department.
Staffing varies at the colleges, ranging from three to six officers on the main campuses. Some smaller satellite campuses have an officer, and some don’t. Longman’s plan would add one or two officers to each campus, and GateWay Community College in Phoenix would get four.
Currently, the ratio of certified police officers to students is 1 to 5,108, Longman said. The additional officers would reduce it to 1 to 3,405.
“It’s a basic assumption that when we’re open for business, we’ll have armed police officers,” he said.
Crime on the campuses is fairly low. According to the annual report for 2011, the most recent available, there were no murders, robberies or arsons at any of the colleges. Other districtwide statistics for 2011: four forcible sex assaults, five non-forcible sex assaults, 10 aggravated assaults, 19 burglaries, 21 motor-vehicle thefts, 17 drug arrests, six liquor arrests and two weapons violations.
There were 396 larcenies, which would be incidents such as phone and bike thefts, in 2011, an increase of about a third from two years before. No other crimes showed a notable increase from previous years.
Longman said his officers respond to about 90 percent of campus incidents, with the remainder handled by municipal police. The campuses and branches are in 12 police jurisdictions, and because there is no reporting system, the number, response time and type of incidents the municipal police respond to is unknown.
Earlier this month, the district awarded a $158,000 contract to establish a security records-management system that should be working by this summer.
Longman also wants to reduce reliance on the part-time security aides, who write parking tickets, monitor surveillance cameras and escort people after dark. He said the aides, who make about $9 or $10 an hour, are not reliable in showing up for shifts. There are also about 50 full-time security guards around the district.
“We give our keys to our kingdom to minimum-wage, minimally trained employees, and if something bad happens to our property, it hurts our ability to deliver education,” he told the governing board last month.
Besides requesting their second tuition increase in three years, the community colleges are seeking an increase in the property-tax levy, which would generate an additional $8.1 million. The vote on that will be in May.
The colleges want to add, in addition to police, 32 full-time professors. They also want to update technology and spend $5 million on two ongoing programs to improve efficiency in registration and financial aid and students’ graduation and transfer rates.
Andrew Kuhn, president of the Associated Students of Mesa Community College, said last week that his group is studying the tuition proposal and will likely draft a position before the vote Tuesday.
“The general consensus I’ve taken from most students is that they’re not in favor of it, partly because the last time, when the association was in favor of it, it was under the assumption that it wouldn’t happen for another five years,” he said.
Kuhn, 25, a business major, said the group acknowledges that funding from the state has decreased — from $45 million in 2010 to a projected $8 million for 2013-14.
Barry Vaughn, spokesman for the Maricopa Community Colleges Faculty Association, said his group also has not had time to take a position, but will meet Tuesday afternoon before the vote. He said that, beyond this tuition proposal, the faculty is worried about the spiraling costs of higher education in general.
“It’s going to undermine our ability to prepare the next generation of citizens in this country if we cannot get these rapid increases under control,” said Vaughn, who is a professor of philosophy and religious studies at Mesa Community College.
“Having said that, we are still going to be by far one of the least expensive options for higher education in Arizona, so we are still a bargain, relatively speaking.”
The governing board will meet at 6:30 p.m. Tuesday at the district office, 2411 W. 14th St., Tempe.
Law-enforcement veterans join Arpaio recall
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Law-enforcement veterans join Arpaio recall
By Michelle Ye Hee Lee The Republic | azcentral.com Thu Mar 28, 2013 12:14 AM
Several retired Valley law-enforcement officials have joined the recall effort against Sheriff Joe Arpaio, criticizing him for using what they consider scare tactics to raise money to fight the recall.
Respect Arizona is in the process of gathering signature petitions seeking to hold a recall election to oust Arpaio.
The group obtained a letter — signed by Arpaio and paid for by the Elect Sheriff Joe Arpaio campaign — that was e-mailed to conservative supporters urging financial donations to help fight the recall.
In the letter, Arpaio said the Valley’s public safety was at stake in the recall.
Without Arpaio, the letter said, those who would be in danger include single mothers whose children face “a rampant drug culture,” the hypothetical mother of a child killed by a drug dealer whom Arpaio is not able to keep in jail, and small-business owners whose livelihoods are threatened by illegal immigrants who have control over neighborhoods.
Respect Arizona released statements purported to have been provided by retired Phoenix Police Chief Jack Harris and retired Phoenix Assistant Police Chief Bill Louis, accusing Arpaio of misleading supporters by taking sole credit for community safety. Former U.S. Attorney for Arizona Paul Charlton and former Arizona Attorney General Terry Goddard were also quoted in the group’s statements.
“Arizona law enforcement will continue to fight crime and ensure public safety long after Mr. Arpaio leaves office,” Harris said in his statement.
Two other retired law-enforcement officials and former Phoenix Mayor Phil Gordon echoed those sentiments in person. During a Wednesday news conference, they called Arpaio’s fundraising letter disingenuous.
“Elected officials come and go, and the state moves on,” Gordon said.
Arpaio’s camp defended the statements in his letter.
Chad Willems, manager for the Elect Sheriff Joe Arpaio campaign, said there “would most certainly be consequences negatively impacting law enforcement” if Arpaio were recalled: Fewer illegal immigrants would be apprehended or turned over for deportation, and citizens would be less safe because crimes associated with illegal immigration could increase.
“If it doesn’t matter who the elected official is, then why do they want to remove Arpaio from office? They want him out of office precisely because of the way he runs his office, specifically as it relates to enforcing illegal immigration laws,” Willems said in an e-mail to The Arizona Republic.
Willems took a swipe at Respect Arizona and its dwindling finances, which the group’s leaders recently confirmed. He blamed the group for misleading the public, the same accusation the group lodged against Arpaio.
“It is ironic that the Respect Arizona petitioners are criticizing the sheriff for seeking financial donations when he has been made to do so to defend himself against the very recall effort they started, an effort that is waning, if not entirely dead,” Willems said in a statement.
One local cop for every 270 people in Arizona???
From this article it sounds like there are a total of about 24,000 city, county, and state cops in Arizona. That doesn't include Federal cops.
So for about every 270 people in Arizona there is one city, county, or state cop or prison guard.
The Arizona Peace Officer Standards and Training Board sets standards for training, recruitment and retention for more than 15,000 sworn peace officers and 9,000 correctional-service officers in the state.
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Phoenix police temporarily halt shooting practice, cite rising supply costs
By Cecilia Chan The Arizona Republic-12 News Breaking News Team Wed Mar 27, 2013 10:26 PM
Phoenix police are temporarily halting discretionary shooting practice because of rising cost and limited supply of ammunition.
Officers will no longer get 100 rounds of .40-caliber and .45-caliber ammunition each month and shoot on their own at the academy’s range, said police spokesman Trent Crump. All other firearms training and certifications will remain.
The Phoenix Law Enforcement Association, which represents 2,500 rank-and-file officers, said some officers struggle with shooting and need the extra practice and many go down to the range and take advantage of the monthly shooting.
“Any time you have a resource, a critical resource that is limited, reduced or taken away it does cause concern,” union Vice President Ken Crane said.
Crane said roughly 308 officers each month last year participated in the optional practice. Some officers participate because they enjoy shooting and others do it to keep up their required shooting skills, he said.
Every year officers must pass a firearms qualification, which includes earning a score of 84 percent with a duty handgun on an approved course.
Crane said some officers might have a hard time passing the certification and thus more might have to take department’s Skill Builder Program, which is mandated for officers who fail their firearms qualification.
“We want officers to maintain their level of efficiency when they are out on the street,” he said.
The department memo sent Monday cited budgetary issues, the increasing cost of ammunition, and the difficulty in getting ammunition in a timely basis for suspending the monthly practice. Crump said the ammunition cost was 20 percent higher.
Crump doesn’t know exactly when the department can resume the target shooting. He attributed the shortage on a back-order.
Crump said the department ordered a bulk shipment of practice rounds in May, which didn’t arrive in January as expected.
“It sounds like fall before we can expect it,” Crump said. “The firearms unit is trying to manage the ammunition we have to make sure we get through all the training, all the mandatory shooting required by AZ Post.”
The Arizona Peace Officer Standards and Training Board sets standards for training, recruitment and retention for more than 15,000 sworn peace officers and 9,000 correctional-service officers in the state.
Crump was unable to say how much money the department spends on practice rounds but that last year it spent $850,000 for all ammunition.
Crump said 1 million to 2 million practice rounds are fired each year.
Practice ammunition is cheaper and of less quality than that used while on duty, Crump said.
“We are being more frugal with the rounds we have because of the shortage,” he said.
Are the DEA and FBI listening to your cell phone calls????
Little-known surveillance tool raises concerns by judges, privacy activists
F*ck the 4th Amendment, I got a gun and a badge and can do anything I want!!!!
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Little-known surveillance tool raises concerns by judges, privacy activists
By Ellen Nakashima, Published: March 27
Federal investigators in Northern California routinely used a sophisticated surveillance system to scoop up data from cellphones and other wireless devices in an effort to track criminal suspects — but failed to detail the practice to judges authorizing the probes.
The practice was disclosed Wednesday in documents obtained under the Freedom of Information Act by the American Civil Liberties Union of Northern California — in a glimpse into a technology that federal agents rarely discuss publicly.
The investigations used a device known as a StingRay, which simulates a cellphone tower and enables agents to collect the serial numbers of individual cellphones and then locate them. Although law enforcement officials can employ StingRays and similar devices to locate suspects, privacy groups and some judges have raised concerns that the technology is so invasive — in some cases effectively penetrating the walls of homes — that its use should require a warrant.
The issues, judges and activists say, are twofold: whether federal agents are informing courts when seeking permission to monitor suspects, and whether they are providing enough evidence to justify the use of a tool that sweeps up data not only from a suspect’s wireless device but also from those of bystanders in the vicinity.
In Northern California, according to the newly disclosed documents, judges expressed concerns about the invasive nature of the technology.
“It has recently come to my attention that many agents are still using [StingRay] technology in the field although the [surveillance] application does not make that explicit,” Miranda Kane, then chief of the criminal division of the Northern California U.S. attorney’s office, said in a May 2011 e-mail obtained by the ACLU.
As a result of that, she wrote, “effective immediately, all . . . applications and proposed orders must be reviewed by your line supervisor before they are submitted to a magistrate judge.”
The Justice Department has generally maintained that a warrant based on probable cause is not needed to use a “cell-site simulator” because the government is not employing them to intercept conversations, former officials said. But some judges around the country have disagreed and have insisted investigators first obtain a warrant.
“It’s unsettled territory,” said one U.S. law enforcement official, who spoke on the condition of anonymity because he was not authorized to speak for the record.
In a statement, Christopher Allen, a spokesman for the FBI, said the bureau advises field offices to “work closely with the relevant U.S. Attorney’s Office to adhere to the legal requirements” of their respective districts.
One of the problems is there is “scant law” addressing the issue of cell-site simulators, said Brian L. Owsley, a federal magistrate judge in the Southern District of Texas, who in June wrote a rare public ruling on the issue. He denied an application to use a StingRay, in large part because he felt the investigating agent failed to explain the technology or how it would be used to gather the target’s cellphone number.
Moreover, the government did not explain what it would do with the numbers and other data “concerning seemingly innocent cell phone users” that were also picked up.
“Neither the special agent nor the assistant United States attorney appeared to understand the technology very well,” Owsley wrote. “At a minimum, they seemed to have some discomfort in trying to explain it.”
At a recent conference on cellphone tracking issues at Yale University, Owsley said he thought that “there are magistrate judges around the country that are getting these requests and not realizing what these requests are,” in some cases perhaps because the agents are not clear about their intent to use the technology.
“By withholding information about this technology from courts in applications for electronic surveillance orders, the federal government is essentially seeking to write its own search warrants,” said Linda Lye, a staff attorney for the ACLU of Northern California.
Judges “need the opportunity to require privacy safeguards, such as rules on how to handle the data of innocent people that may be captured by the devices as well,” she said.Lye will be arguing the issue on Thursday in a federal case in Arizona, in support of a defendant charged with tax fraud and identity theft. Daniel Rigmaiden, known as “the Hacker” to acquaintances and federal agents, was tracked in part with the use of a StingRay. He has alleged that investigators did not seek a court’s approval to use the technology.
“The main concern we have in Rigmaiden is the government was not being forthright with the magistrate when it was seeking to use this device,” said Lye, whose organization is one of several that have filed an amicus brief in the case.
The newly disclosed documents suggest that “Rigmaiden was not an isolated case,” she said.
The government said it obtained a warrant to track Rigmaiden, but the ACLU is arguing that the government did not present key information about the surveillance device to the magistrate, rendering the warrant invalid.
Chris Soghoian, the ACLU’s principal technologist, said cell-site simulators are being used by local, state and federal authorities.
“No matter how the StingRay is used — to identify, locate or intercept — they always send signals through the walls of homes,” which should trigger a warrant requirement, Soghoian said. “The signals always penetrate a space protected by the Fourth Amendment.”
FBI Pursuing Real-Time Gmail Spying Powers
FBI tyrants want to flush 4th Amendment down the toilet.
I suspect if George Washington and Thomas Jefferson were alive today they would tell us that these FBI tyrants are far worse then King George and that it's people like them that they passed the Second Amendment for.
Can you imagine how people would complain if the FBI demanded the right to open and read our snail mail letters? Well this is far worse and I don't hear any public out cry against the FBI tyrants.
On the other hand I suspect the people in Nazi Germany were just as passive when Hitlers goons turned Nazi Germany into a police state.
Source
FBI Pursuing Real-Time Gmail Spying Powers as “Top Priority” for 2013
By Ryan Gallagher
Posted Tuesday, March 26, 2013, at 4:58 PM
For now, law enforcement has trouble monitoring Gmail communications in real time
Despite the pervasiveness of law enforcement surveillance of digital communication, the FBI still has a difficult time monitoring Gmail, Google Voice, and Dropbox in real time. But that may change soon, because the bureau says it has made gaining more powers to wiretap all forms of Internet conversation and cloud storage a “top priority” this year.
Last week, during a talk for the American Bar Association in Washington, D.C., FBI general counsel Andrew Weissmann discussed some of the pressing surveillance and national security issues facing the bureau. He gave a few updates on the FBI’s efforts to address what it calls the “going dark” problem—how the rise in popularity of email and social networks has stifled its ability to monitor communications as they are being transmitted. It’s no secret that under the Electronic Communications Privacy Act, the feds can easily obtain archive copies of emails. When it comes to spying on emails or Gchat in real time, however, it’s a different story.
That’s because a 1994 surveillance law called the Communications Assistance for Law Enforcement Act only allows the government to force Internet providers and phone companies to install surveillance equipment within their networks. But it doesn’t cover email, cloud services, or online chat providers like Skype. Weissmann said that the FBI wants the power to mandate real-time surveillance of everything from Dropbox and online games (“the chat feature in Scrabble”) to Gmail and Google Voice. “Those communications are being used for criminal conversations,” he said.
While it is true that CALEA can only be used to compel Internet and phone providers to build in surveillance capabilities into their networks, the feds do have some existing powers to request surveillance of other services. Authorities can use a “Title III” order under the “Wiretap Act” to ask email and online chat providers furnish the government with “technical assistance necessary to accomplish the interception.” However, the FBI claims this is not sufficient because mandating that providers help with “technical assistance” is not the same thing as forcing them to “effectuate” a wiretap. In 2011, then-FBI general counsel Valerie Caproni—Weissmann’s predecessor—stated that Title III orders did not provide the bureau with an "effective lever" to "encourage providers" to set up live surveillance quickly and efficiently. In other words, the FBI believes it doesn’t have enough power under current legislation to strong-arm companies into providing real-time wiretaps of communications.
Because Gmail is sent between a user’s computer and Google’s servers using SSL encryption, for instance, the FBI can’t intercept it as it is flowing across networks and relies on the company to provide it with access. Google spokesman Chris Gaither hinted that it is already possible for the company to set up live surveillance under some circumstances. “CALEA doesn't apply to Gmail but an order under the Wiretap Act may,” Gaither told me in an email. “At some point we may expand our transparency report to cover this topic in more depth, but until then I'm not able to provide additional information.”
Either way, the FBI is not happy with the current arrangement and is on a crusade for more surveillance authority. According to Weissmann, the bureau is working with “members of intelligence community” to craft a proposal for new Internet spy powers as “a top priority this year.” Citing security concerns, he declined to reveal any specifics. “It's a very hard thing to talk about publicly,” he said, though acknowledged that “it's something that there should be a public debate about.”
More on the crooks that work for Sheriff Joe???
Deputy chief dropped from MCSO legal battle
Source
Deputy chief dropped from MCSO legal battle
By JJ Hensley The Republic | azcentral.com Sun Mar 31, 2013 10:03 PM
The long legal battle between some of Sheriff Joe Arpaio’s former top aides and the Sheriff’s Office appears closer to resolution after a Maricopa County Superior Court judge dismissed several defendants in a broad civil suit brought by the former aides.
Judge Arthur Anderson’s ruling last week granting sheriff’s Deputy Chief Frank Munnell’s motion for summary judgment also removes a central figure from the legal proceedings tied to the downfall of former sheriff’s Chief Deputy David Hendershott, Capt. Joel Fox and Deputy Chief Larry Black.
In 2010, Munnell delivered a 63-page memo to Arpaio that included detailed allegations of misconduct, intimidation and retaliation by Hendershott, Arpaio’s longtime second-in-command. The memo also accused Black and Fox of conspiring with Hendershott, particularly on a political-action committee that ran ads attacking Arpaio’s opponent in the 2008 election.
Munnell’s memo prompted Arpaio to ask Pinal County Sheriff Paul Babeu to conduct an internal investigation into the allegations, for which Babeu hired Phoenix private investigator Keith Sobraske.
The investigation found more than 50 alleged instances of misconduct, with many relating to Hendershott’s handing of the sheriff’s anti-corruption squad that launched investigations into county politicians. Those probes were later discredited. The inquiry also found that Black threatened Munnell and improperly tried to intervene in internal investigations, and that Fox lied to investigators about those involved in the 2008 PAC.
Arpaio fired all three. Fox continues to challenge his dismissal in Superior Court.
The deposed commanders filed a suit last spring accusing Arpaio, Babeu, Sobraske, Munnell and the Pinal and Maricopa county governments of negligence, defamation and infliction of emotional distress, among other allegations.
Jack MacIntyre, a deputy chief in Arpaio’s office, said that last week’s dismissal was welcome news but that the legal action was hardly a concern to anyone who tried to read it.
“It’s really very, very much a stillborn ... lawsuit in that it was written so poorly — and consisted of histrionic narrative that no one should be held to account — to have to puzzle out what the plaintiffs meant and who they were targeting,” MacIntyre said. “(The dismissal) makes a lot of the people that were named in those harebrained lawsuits and claims, even if they weren’t named as a party, relieved.”
The memo and subsequent investigation led to the stunning fall of Hendershott, who had overseen the day-to-day operations of the Sheriff’s Office for more than a decade. The commander also played an instrumental role both in Arpaio’s campaign activities and the politically fueled investigations that brought scrutiny from the U.S. Justice Department.
Those investigations accused county politicians and judges of corruption, and some led to indictments that were all later dismissed. Many of those targeted in the investigations have since filed civil-rights claims against the Sheriff’s Office. Eight of those lawsuits have been settled at a cost of more than $3 million.
The political-corruption inquiry also led to the disbarment of former Maricopa County Attorney Andrew Thomas, who lost a race for the Arizona Attorney General’s Office amid the unraveling of many of the political-corruption cases spearheaded by Hendershott.
But the critical memo that Munnell delivered in 2010 hardly touched on those politically-fueled topics, and instead focused on a litany of alleged misdeeds Hendershott committed while he led Arpaio’s office. Those included his involvement with the PAC in 2008.
The committee, known as the Sheriff’s Command Association, collected more than $100,000 from donors and sheriff’s officials and gave the money to the Arizona Republican Party. The party used the money for ads targeting Arpaio’s opponent. Fox initially said he alone was involved with the organization but later relented when faced with a $315,000 fine.
Munnell claimed in his memo that Hendershott helped launch the committee and that Hendershott asked Munnell and other employees to donate to the organization through automatic withdrawals from their paychecks.
Munnell said his impression was that the money would go toward “usual campaign expenses,” including signs and mailers. It wasn’t until Fox came under investigation for his role in SCA that Munnell learned of the committee’s true intentions to run attack ads against Arpaio’s opponent. It was then that he also learned Fox was refusing to cooperate with investigators. No one was charged with any violations related to the committee’s work.
Munnell filed a motion for summary judgment to get out of the deposed trio’s suit, based on the fact that he was never properly served. Ed Moriarity, an attorney who represented Thomas, Hendershott and others, never responded to the motion, and Anderson granted the request Wednesday, ending upheaval that plagued the Sheriff’s Office for five years.
Moriarity, Fox and Hendershott did not respond to requests for comment.
Black could not be located for comment, but in a 2011 letter to Arpaio following his dismissal, the longtime sheriff’s employee denied the allegations in Munnell’s memo and said the process was tainted by the way he was portrayed in the media.
“There is no question in my mind that the ‘Munnell Memo’ was inflammatory and full of statements not based on evidence or personal observation and published in a variety of media outlets prior to even one interview conducted,” Black wrote. “It will always be a question in my mind as to how much this advance information tainted the outcome of this investigation.”
Munnell, after learning that the suit was dismissed, said the claim by Hendershott, Black and Fox was baseless from the beginning.
Conn. governor signs sweeping new gun bill into law
I am sure King George, Hitler, Stalin and Mao are smiling in the graves and
know that Connecticut Governor Dannel Malloy will be a great dictator just
like they were.
And of course without their guns the people of Connecticut won't be able to
do much about it.
Source
Conn. governor signs sweeping new gun bill into law
Tribune newspapers and wire reports
11:44 a.m. CDT, April 4, 2013
Connecticut Governor Dannel Malloy today signed a tough new gun law that, among several key provisions, restricts sales of the sort of high-capacity ammunition clips that a gunman used to massacre 26 people in minutes in a December attack on a school.
Lawmakers in the state's Democratic-controlled House approved the measure, which supporters described as one of the toughest such laws in the United States, early on Thursday morning. The Senate approved the measure hours earlier.
The House debate stretched past midnight, with opponents of the law arguing that it infringed on the rights to gun ownership protected by the Second Amendment of the U.S. Constitution and that efforts to prevent attacks such as the Newtown, Conn., school shooting should focus on providing better mental-health services.
Connecticut's law passed hours after Maryland's House of Delegates on Wednesday approved their own gun law, which also limits magazine size and requires that gun buyers be fingerprinted.
The Connecticut law also requires background checks for private gun sales, expands the number of guns covered by the state's assault-weapons ban and establishes a $15 million fund to help schools improve security infrastructure.
It bans specifically the sale of ammunition clips that hold 10 bullets or more and requires owners of such clips to register them by January 1, 2014. After that date, owning an unregistered high-capacity clip will become a felony offense.
The legislation was proposed after the Dec. 14 slayings at Sandy Hook Elementary School in Newtown, Conn., in which a gunman used clips that held 30 bullets to fire off 154 rounds in less than five minutes.
"The content of this legislation speaks for itself as really the strongest gun control legislation in the country," House Speaker Brendan Sharkey, a 50-year-old Hamden Democrat, said in a statehouse interview. "The details of this package, when reviewed by other states, will be a terrific blueprint for how to do this in a comprehensive way."
Newtown school massacre
Passage came more than three months after gunman Adam Lanza, 20, stormed into the Newtown school and mowed down students and teachers, reviving debate over gun control. Connecticut joins New York and Colorado in tightening firearms limits in the wake of the tragedy. Maryland’s House of Delegates passed a similar measure yesterday.
In Washington, congressional action on the issue has been stymied by opposition from the National Rifle Association, the nation’s biggest gun-rights lobby. President Barack Obama went to Colorado yesterday to praise that state’s new restrictions, and plans to visit Connecticut next week to pressure Congress
"Colorado is proving a model of what's possible," Obama said in Denver. "It's now been just over 100 days since the murder of 20 innocent children and six brave educators in Newtown, Connecticut, an event that shocked this country."
Lanza carried 10 30-round magazines into Sandy Hook, court documents show. He reloaded six times and fired 154 bullets from his Bushmaster AR-15-style semiautomatic rifle in less than five minutes, according to the documents. The measure approved yesterday bans sales of the weapon and similar models.
Lanza's victims front and center in debate
This week, some parents of Lanza's victims handed out pictures of their children to lawmakers who met April 1 to review the limits proposed in an accord hammered out by legislative leaders. Family members sought an outright ban on possession of high-capacity magazines, rather than the registration requirement that’s part of the final measure.
During one of the most emotional moments of the six-hour Senate debate yesterday, John McKinney, the Republican leader who represents Newtown, explained why he pins a green ribbon and a guardian angel on his lapel.
"I try to put it on my jacket every day to remember those that we've lost because I stand here, I stand here as their voice," McKinney, 49, said. He then read the names of each of the Sandy Hook victims, his voice wavering a times. Six of the 14 Republicans in the chamber voted for the measure.
Before the voting began, activists on opposite sides of the issue sparred verbally in the Capitol’s hallways.
A poll released on Thursday found that 91 percent of U.S. voters support regulations requiring all gun buyers to undergo background checks. However, 48 percent of all respondents and 53 percent of those owning guns said those checks could lead to the government's confiscating legally owned weapons.
That Quinnipiac University poll of 1,711 registered voters was conducted from March 26 to April 1 and had a margin of error of 2.4 percentage points.
Vote makes 'everyone in this room a criminal'
"I don’t want 30-round magazines that can wipe out our children," said Dan Garrett, 53, of Hamden, speaking to a group of men wearing Connecticut Citizens Defense League stickers. Greg Kozeman, 44, of New Britain said improving mental-health access is a better solution than tighter gun limits.
Earlier, gun-rights advocates filled statehouse lobbies.
"The vote on this bill will make everyone in this room a criminal," said Warren Stevens, 58, a Plantsville gun owner. He wouldn’t say what type of guns he owns or how many.
“It is no business of the state what I own,” he said. "Their authority does not extend into my house."
Connecticut, with a long history of weapons production, is still home to six gunmakers. The companies include Sturm Ruger & Co., Connecticut Shotgun Manufacturing Co., Colt Defense LLC, Stag Arms, Charter Arms, O.F. Mossberg & Sons Inc., and Ammunition Storage Components LLC, which makes 30-round magazines. Some have threatened to leave if the new limits pass.
The industry employs about 7,300 people in the state and contributed $119 million in tax revenue in 2011, according to the Newtown-based National Shooting Sports Foundation, a trade group. Charter Arms calls the region “the cradle of the American firearms industry.”
Reuters and Bloomberg
Less Culpable, but With Longer Sentences
This New York Times article doesn't mention that Patrick Bearup is also the son of a man who ran against Sheriff Joe Arpaio.
Is that why Patrick Bearup received a death sentence and the other guys didn't????
Source
Less Culpable, but With Longer Sentences
Joshua Lott for The New York Times
By FERNANDA SANTOS
Published: April 5, 2013
PHOENIX — Members of a white supremacy group descended on a home here 11 years ago to scare a man into paying back the $200 his roommate had accused him of stealing. The attack ended in the man’s death.
Jeremy Johnson. Mr. Johnson, Ms. Nelson and Mr. Gaines killed a man in Phoenix, but brokered plea deals and were able to avoid trials. They could all be out of prison by 2028.
Three of the four people who were eventually arrested brokered plea deals, avoiding a trial. The roommate, Jessica Nelson, 37, who instigated the beating, and a skinhead recruit named Jeremy Johnson, 30, who pummeled the man, Mark Mathes, with a baseball bat, could be out of prison in four years. Sean Gaines, who shot Mr. Mathes as he was thrown naked from a car onto a county road, is scheduled for release in 2028, at the age of 47.
Only one of the perpetrators, a young man who by all accounts was not directly involved in the killing, received the death penalty. Patrick Bearup, 36, who helped dispose of Mr. Mathes’s body and severed one of its fingers to retrieve a ring, was convicted of kidnapping and first-degree murder.
Such cases, in which a defendant with lesser culpability draws the harshest sentence, are not uncommon in Arizona, and elsewhere around the country. Of the six inmates executed in this state last year, four were equally or less culpable than co-defendants implicated in the same crimes, according to Dale A. Baich, the supervisor of the capital habeas unit in the federal public defender’s office, which handles appeals of capital cases in federal court. (Prison records show that three of those four co-defendants have been released.)
In many of the 32 other states that carry the death penalty, similar stories unfold as prosecutors, when deciding whom to charge, weigh the cost of mounting a capital trial, which can reach $1 million, against the likelihood of a conviction.
In 2011 in Ohio, Gov. John R. Kasich, using his clemency powers, commuted to life in prison the death sentence of a man convicted of killing two people. The governor, a Republican, said it was unclear if he had been the one to actually commit the murders. Another Ohio inmate, John Getsy, was executed in 2009 for killing the mother of his intended target in a murder-for-hire plot, despite a clemency recommendation by the state parole board, which said that other participants in the crime, including its architect, had not been sentenced to die. (The governor at the time, Ted Strickland, a Democrat, overruled the board.)
Mr. Bearup’s case was one of 135 pending capital cases in Maricopa County in 2006, more than the combined number of cases in the next three jurisdictions at the top of the list: Los Angeles County and Clark County, Nev., each with 36; and Harris County, Tex., with 17.
“In an ideal world, the prosecution would have ironclad proof against all the co-defendants to be able to pick the worst for the death penalty, but we have an inequitable system, a bargaining system,” said Richard Dieter, the executive director of the Death Penalty Information Center in Washington, which tracks the number of executions across the country.
“If you give the prosecution some help,” Mr. Dieter said of defendants in such cases, “you’ll get something out of it.”
In 1972, the Supreme Court voted 5 to 4 to invalidate all death penalty laws in the country because they had been too arbitrarily applied. One of the concurring justices, Potter Stewart, wrote that the Constitution could not “permit this unique penalty to be so wantonly and freakishly imposed.” States moved to rewrite their statutes, narrowing their definition of first-degree murder or the number of aggravating factors used to define a capital crime. The idea was to make sure the death penalty would be reserved for the worst of the worst.
In an interview, the Maricopa County attorney, Bill Montgomery, who was elected in 2010, said his prosecutors, who handle most death penalty cases in the state, abide by a guiding principle: “Is this a case where the death penalty would be a just punishment in light of how we’ve handled similar cases,” based on the “brutality of the particular case in question?”
It is not a “side-by-side” comparison, he said, but a decision based on whether the evidence can prove a capital crime and whether the death penalty is supported. (His office currently has 68 pending capital cases.)
Defense lawyers have long argued that the state’s statute leaves too much of the decision in prosecutors’ hands.
In a motion filed before the state’s Superior Court last month, Susan L. Corey and Garrett Simpson, public defenders in Maricopa County, which accounts for 63 percent of the inmates on Arizona’s death row, said the problem was that the law was too broad.
They pored over more than 200 first-degree murder cases from 2010 and 2011 to check if the aggravating factors — the state has 14, up from 6 in 1973 — separated the most egregious from the rest. What they found was that virtually every one could have been tried as a capital murder.
“The point I’m trying to make is, it can’t be random,” Ms. Corey said.
Sometimes, money determines whether a defendant’s life is on the line. Last year, Greg McPhillips, the deputy attorney in Mohave County, in northwestern Arizona, said in a motion that because of a “budgetary crisis,” the county could not afford to try more than one death penalty case at a time. He gave up on seeking the death penalty against a man facing charges of first-degree murder, child abuse and sexual assault in the 2010 death of his infant son, choosing instead to pursue a capital case against a man accused of killing a teenage girl and injuring her mother.
“Do people who commit equally heinous crimes get the same results? The answer is unquestionably no,” said Christopher Dupont, a lawyer in Phoenix who has served as a consultant in death penalty cases in several states, including California and Nevada. “It’s a total mystery who is going to face the death penalty and who is not.”
Mr. Bearup’s case was dogged by challenges from the start: an inexperienced lawyer, an implausible defense of not being there for the attack and a decision to represent himself at sentencing and offer no mitigating evidence which jurors could weigh against the death penalty.
Last summer, he filed a motion to waive all legal challenges to his sentence. Judge Warren J. Granville, who had presided over Mr. Bearup’s trial, ordered a doctor to assess his competency. The doctor’s diagnosis of bipolar disorder was challenged by the prosecutor. A hearing is scheduled for May 10.
Judge Granville, as the statute requires, had reviewed the legality of Mr. Bearup’s sentence, which he affirmed, though not before rebuking Andrew Thomas, the former county prosecutor, for pursuing a capital case against a man who “even under the state’s theory, did not cause the physical death” of Mr. Mathes. (Mr. Thomas was disbarred last year, over malicious criminal and civil charges brought against political opponents.) “Justice,” Judge Granville wrote, “was not done for Mr. Bearup.”
From death row, Mr. Bearup has been studying to become a pastor, a course he is set to finish as a motion challenging his conviction is due, in June. It is his last chance at challenging his conviction in the state courts.
Bulletproof vests for elected officials???
Hmmm, I wonder, do the crooks at the Arizona Legislature think us serfs are tired of them robbing us blind and micromanaging our lives. Like their attempts to flush Prop 203 down the toilet?
Maybe that's why Republican Bob Thorpe said he wanted to provide Democratic and Republican members safety options.
Source
Arizona lawmaker cancels bulletproof vest demo
By Bob Christie Associated Press Mon Apr 8, 2013 1:38 PM
PHOENIX — An Arizona lawmaker invited a bulletproof vest retailer to do a demonstration at the state Capitol but canceled the event on Monday after a legislative lawyer advised him that making a sales pitch to lawmakers on state property was improper.
Freshman Republican Rep. Bob Thorpe called his idea a “rookie mistake” and said he instead plans to provide contact information for the retailer to fellow members of the Arizona House and Senate.
“In the future, before I set something like this up I’ll certainly go out and I’ll talk to some folks that have been around longer than me and just make sure that I’m not doing something that might look like it was inappropriate,” he said.
Thorpe said he wanted to provide Democratic and Republican members safety options in light of the shooting of U.S. Rep. Gabrielle Giffords in Tucson in 2011 and the recent fatal shooting of a Texas prosecutor and his wife. He sent the email to all House and Senate members last Thursday inviting them to visit the Capitol basement on Wednesday to be fitted for a vest if they wanted to buy one.
“In the wake of Tucson shooting, I have been researching body armor in order to inform our members about the costs and options for those wishing to purchase a vest for their personal use, for example, at town halls, parades and other public events,” the email said.
Thorpe was criticized by Democratic state Rep. Ruben Gallego, a former Marine who served in the Iraq war
“We’re here to be in the public, and it’s not our job to be paranoid all the time thinking that someone is out to get us,” Gallego told abc15.com. “I think the best defense is actually to have a good, well-trained police force and some good gun laws.”
Thorpe said he’s not suggesting that lawmakers come to work armed, as some have done in recent years. He just said he believed fellow legislators might feel safer in some situations with body armor.
Thorpe said he understands that some might criticize the move, especially since the Legislature has rejected every effort to tighten gun laws in Arizona in recent years. But he said his view is that mental health issues are behind most violent events, like Giffords’ shooting.
“I support people owning guns and doing that lawfully, but we’ve got some wackos out there,” he said.
Thorpe said he’s supporting a stalled effort in the state Legislature to appropriate $250,000 to expand a program to train teachers, first-responders and others to recognize people having a mental health crisis and intervene. Giffords’ attacker, Jared Lee Loughner, suffered from mental illness.
While rejecting gun control measures, he said he’s open to more action on keeping the mentally ill from obtaining guns.
“I’m very interested in trying to pass some piece of legislation which would cause our government officials, whether its teachers or law enforcement, to keep track of people where’s there’s red flags being raised,” he said. “And that certainly didn’t happen with Loughner.”
Bulletproof vests for elected officials???
Source
Arizona Legislature invited to … a body armor party?
In the wake of Newtown, the state of Connecticut on Thursday enacted what some are calling the strongest gun laws in the nation, including limits on the size of magazines, a ban on armor piercing bullets and universal background checks.
“Democrats and Republicans were able to come to an agreement on a strong, comprehensive bill,” Senate President Don Williams, a Democrat, said as the bill awaited a final vote. “That is a message that should resound in 49 other states, and in Washington, D.C., and the message is we can get it done here and they should get it done in their respective states and nationally in Congress.”
Meanwhile, in the state of Arizona, a legislator on Thursday offered a response to our own massacre.
“In the wake of Tucson shooting, I have been researching body armor in order to inform our members about the costs and options for those wishing to purchase a vest for their person use, for example, at town halls, parades and other public events,” Rep. Bob Thorpe wrote, in an e-mail to fellow legislators. “These vests have prices ranging from about $600-$800 and options that include their weight and comfort, bullet stopping ability and colors.”
You’ve heard of Tupperware parties? Thorpe, a Flagstaff Republican, has invited members of the Arizona Legislature to a body armor party. Next Wednesday, a representative of AZ Tactical will be on hand in basement of the Arizona House to extol the virtues of various vests and take orders.
“Mr. (Mike) Arthur is offering the same discounted prices to our members as he provides to members of law enforcement …,” Thorpe wrote.
“These vests are rated for a five year life but it is my opinion that legislators could wear them much longer because the five year life assumes almost daily law enforcement use. Prior to placing an order, you will be measured for the proper size vest.”
Next up: Uzi sales in the Senate. Which, by the way, earlier week strafed proposals to expand background checks, limit the size of magazines and bar those convicted of domestic violence from possessing guns.
The Senate also rejected a bid to require basic firearms-safety training in order to carry a concealed weapon.
Thus, the need, I suppose, for legislative body armor — to protect our leaders from the public.
If only there were a way to protect the public from our leaders…
Background checks on knife purchases????
Time to require background checks on knife purchases????
And perhaps limit knife sales to knives with blades under 2 inches in length with dull blades. Society will be a safer place if people can only have dull butter knives, and only cops and government rulers are allowed to have sharp steak and other assault knives.
I'm just joking, but I wouldn't be surprised if some phoney
baloney Arizona Libertarians I know try to say I actually believe that rubbish.
Source
Student charged in Texas college stabbing attack
Associated Press Wed Apr 10, 2013 7:54 AM
CYPRESS, Texas — A 20-year-old man from suburban Houston has been charged in a stabbing spree at a Texas community college that injured at least 14 people.
Sheriff’s officials say Dylan Quick is charged with three counts of aggravated assault in the Tuesday attack at Lone Star Community College in Cypress. The city is about 20 miles from Houston.
The Harris County Sheriff’s Office says in a statement that Quick used a “razor-type knife” to cut his victims, and pieces of the blade were found at the scene.
The sheriff’s office says Quick told investigators he’d had fantasies about stabbing people to death since he was in elementary school.
Investigators also say Quick indicated he’d been planning the attack for some time.
Rep. Bob Thorpe tries to protect his fellow crooks from us serfs???
I think I already posted the original version of this article. This version seems a bit longer and makes the legislative critters at the Arizona State Capital look more like the crooks and tyrants they are.
The only good news about this article is that the crooks at the Arizona State Legislator seem to realize that they are crooks and need to protect themselves from the people they pretend to serve while they rob us blind.
Last if Rep. Bob Thorpe really is a "Tea Party" members who wants to protect us from the other government crooks, why is he trying to help protect his fellow crooks???
I suspect Rep. Bob Thorpe isn't really a "freedom fighter" and just ran on the "Tea Party" platform because it would help him get elected.
Source
Posted on April 9, 2013 3:30 pm by Laurie Roberts
Rep. Bob Thorpe looking for protection — and not just from bullets
In the wake of Sandy Hook, the state of Connecticut last Thursday enacted some of the strongest gun laws in the country, including limits on the size of magazines, a ban on armor piercing bullets and universal background checks.
Meanwhile, in the state of Arizona, a legislator on Thursday offered a response to our own massacre.
“In the wake of Tucson shooting, I have been researching body armor in order to inform our members about the costs and options for those wishing to purchase a vest for their personal use, for example, at town halls, parades and other public events,” Rep. Bob Thorpe, wrote, in an e-mail to fellow legislators. “These vests have prices ranging from about $600-$800, and options that include their weight and comfort, bullet stopping ability and colors.”
You’ve heard of Tupperware parties? Thorpe invited the Arizona Legislature to a body armor party. On Wednesday, a salesman from Arizona Tactical was supposed to be on hand in the House basement to offer discounts and take orders on the latest in tactical fashion.
Alas, legislative lawyers put the kibosh on Thorpe’s sale-a-thon. It’s seems you’re not supposed to use the state Capitol to sell bulletproof vests. Or anything else.
Now Thorpe is apparently steamed that his “internal” e-mail invite – the one sent out on his public e-mail account — wound up in the hands of the media.
“I’d love to know who leaked my email to the press, because I want to present them with a ‘Members Only’ jacket, as a reminder that some things, like my internal e-mail invitation, are intended for members only,” the Flagstaff Republican wrote in an e-mail on Tuesday.
Like his first e-mail, this one made it to my inbox within 15 minutes of his sending it.
Thorpe is a freshman legislator who made headlines earlier this year for his bill to require students to sign a loyalty oath before they could graduate from school — a bill he withdrew once somebody explained to him that it was blatantly unconstitutional. He’s a Tea Party guy who ran on a platform of protecting the U.S. Constitution and the rule of law.
Including, presumably, the law that says the Arizona Legislature is a public body – not the Augusta National Golf Club. And the one that says e-mail sent out on a government account is government business.
Or put another way: the public’s business.
Thorpe didn’t return my call to discuss public records and body armor and such. Pity, as I would have liked to ask him if that Members Only jacket would be outfitted in Kevlar.
In his Tuesday e-mail, Thorpe takes a shot at Democratic Rep. Ruben Gallego — whom he suspects of “leaking” his e-mail – and notes that he arranged to have the body armor salesman come to the Capitol after a Democratic legislator told him she’d requested a police presence at a recent town hall meeting.
“She was concerned about her personal safety,” he wrote. “By the way, I sent out my e-mail invitation to all the House and Senate legislators, both Democrats and Republicans, because of my concern for the safety of all our members.”
Given his concern for safety, Thorpe might want to take up the cause for banning the sort of ammunition that would blast right through those bulletproof vests he’s hawking.
Sadly, his Senate colleagues rejected a ban on armor piercing bullets last week, along with a ban on high-capacity magazines and a call for universal background checks.
The irony wasn’t lost on Democrats.
“There are just so many other things that we should be working on and not just focused on our own personal safety but the personal safety of the public and for the children in our schools,” said Gallego, D-Phoenix.
“It’s is sad to see that we are almost at the 100th day of our session and yet we have not had a comprehensive discussion on gun violence for our constituents of Arizona,” Sen. Anna Tovar, D-Tolleson, told me.
For his part, Thorpe has provided his fellow legislators with the name and number for his body armor salesman. “His store is about a 10-minute drive from the Capitol and he’d like to try and arrange a time where perhaps 5 (or more) legislators can come in at a time for a joint briefing in one of their classrooms,” he wrote.
No doubt, Thorpe’s pal will have plenty of takers.
In addition to strafing other gun bills last week, the state Senate also rejected a bid to require basic firearms-safety training before you can carry around a concealed weapon.
Thus, the need, I suppose, for legislative body armor — to protect our leaders from the public.
Now, if only there was a way to protect the public from our leaders…
Constitutional Safeguards??? Don't make me laugh!!!!!
F*ck the Constitution, the police are going to commit whatever crimes they want to commit.
And of course as long as the mayor and city council of New York allows this illegal activity there ain't jack sh*t we can do to stop it.
Of course that is why the Founders gave us the Second Amendment. So when our government masters refuse to obey the law, the people have a means to force them to obey the law.
Of course in New York State the people's right to own guns has pretty much been flushed down the toilet by these same tyrants who allow the police to terrorize us.
And of course this isn't limited to New York State or New York City, it is happens all over the USA.
Source
An Assurance of Constitutional Safeguards
Faiza Patel
April 9, 2013
New York City has become safer over the last decade. Yet relations between the police and minority communities have become ever more strained.
Much of the tension stems from the N.Y.P.D.’s stop and frisk policy, which disproportionately targets black and Latino men. Muslim communities are troubled by the NYPD’s intelligence operation, which collects information about their daily lives that often seems to have no link to terrorism or crime.
Oversight of N.Y.P.D. activities like stop and frisk and the surveillance of Muslims shouldn't require decades of litigation.
An inspector-general could help the police ease these concerns and hew closer to constitutional requirements in their efforts to keep the city safe.
Crucial constitutional protections — like the requirement of equal treatment and the need for reasonable suspicion before searching someone — have been codified into specific rules for the N.Y.P.D. But we have little assurance that they are followed.
As part of the 2003 settlement of the first stop and frisk lawsuit, Commissioner Raymond W. Kelly issued an order forbidding the N.Y.P.D. from relying on race, color, ethnicity or national origin as the determinative factor in undertaking action. Yet since these rules were adopted, the stop and frisk program has grown 450 percent, with nearly five million people — 81 percent of whom are minorities — stopped, questioned and searched.
These numbers have led many to ask whether the police are following the racial profiling ban. An inspector general would be ideally situated to audit the records of stop and frisk encounters for compliance.
Similarly, the N.Y.P.D.’s surveillance of Muslim communities has raised questions about police fidelity to the prohibition on religion-based targeting and to a 1985 consent decree that restrains their monitoring of First Amendment activities. Documents recently filed in this case show that the N.Y.P.D. has informants or undercover officers in at least 30 area mosques. Interested citizens cannot delve into police files to evaluate whether the widespread use of informants was justified or a reflection of biases. But an inspector general can do just that.
The lawyers challenging these practices know the difficulty of ensuring that police comply with rules and have asked for court-appointed police monitors to do so. We should not have to wait for decades of litigation to obtain oversight of N.Y.P.D. activities.
On these and other police operations, an inspector general would serve as front-end protection against illegality. Periodic reports from the inspector general would increase much-needed, impartial public information about police practices, helping elected officials perform their own oversight duties.
And, while an inspector general’s recommendations are not binding, the experience of the F.B.I. and the Los Angeles police, among others, shows that they can be highly influential in shaping lawful and effective law enforcement practices.
As the nation’s premier police department, the N.Y.P.D. should embrace the best practices developed by its peers and commit to working unreservedly with an inspector general to create an even better police force.
Oakland Mayor Jean Quan is a liar who will say anything to get elected!!!
Like most politicians Oakland Mayor Jean Quan is a liar who will say anything to get elected!!!
Source
Quan flubs crime stat, again
Post has been updated as of 5:50 p.m.
Oakland Mayor Jean Quan has gained a reputation for citing crime statistics that don’t always add up or making statements to the press she later says were taken out of context.
It’s happened again.
In an interview with KCBS radio broadcast on Monday, Oakland’s mayor said the following:
For the last 2 months, violence in Oakland has been way down. It seems to come in these spurts. So like for six weeks there had been no murders east of High Street in East Oakland.
Problem is, there have been seven homicides east of High Street over the past six weeks, according to Shine in Peace, an online journalism project launching soon that’s tracking shootings and homicides in Oakland and noticed Quan’s statement.
“There’s no six-week period in 2013 where there were no homicides east of High Street,” said Susie Cagle, the project director.
Cagle said the homicides over the past six weeks included the following:
- Lionel Ray Fluker, 54, killed on April 4 near MacArthur Boulevard and Seminary Avenue.
- Qiunn Boyer, 34, died on April 4, two days after being shot near Keller Avenue and Hansom Drive.
- John Sunny Davis, 31, killed on Mar. 31 near 68th Avenue and Avenal Avenue.
- unidentified, killed on Mar. 31 near 70th Ave. and Hawley Street.
- unidentified, killed Mar. 31 on the 8900 block of International Boulevard.
- Noe Garcia, 28, killed on Mar. 2 near Apricot Street and Blenheim Street.
- Trisha Forde, 34, killed on Mar. 2 near Apricot Street and Blenheim Street.
Sean Maher, Quan’s spokesman, said the quote to KCBS was taken out of context in two important ways. Quan was only talking about gang-related homicides because she was discussing the effectiveness of Ceasefire, an anti-gang prevention program, Maher said.
Secondly, the mayor was talking about a specific period of time, Feb. 22 through Mar. 30. During that period, only the Mar. 2 double homicide killing Forde and Garcia occurred east of High Street in East Oakland — the target area of the gang-prevention efforts, Maher said. Police have said that homicide was not gang-related, he said.
Maher acknowledged that the period of time Quan referred to was only five weeks.
“Unfortunately, the KCBS report cuts their interview in a way that can be misleading,” said Maher. “Obviously, the mayor is aware of the recent spate of homicides that began on Easter Sunday.”
Cagle said her project’s data corroborates what Maher said. But she noted that there were five homicides east of High Street on Mar. 31 through Apr. 4. She said that hardly conveys success in reducing homicides.
“It seems like an odd thing to even be publicizing,” she said.
The IRS is monitoring your Facebook and Twitter accounts???
According to this