Thanksgiving was really good. I had a great time hanging with the family. Of course between courses, we had a long discussion about the Penn State situation. Then just as the Penn State Drama begins to simmer down, (I will not rehash the last 250 or so comments, the most ever on this blog, just click the link above.) Syracuse University fires its long time Assistant Coach Bernie Fine. Now originally Syracuse put him on paid leave, but another person has come forward to announce he was molested by Fine and a tape of Fine's wife is offered where she admits she had sex with a the then 18 year old ball boy who claims Fine molested him until he was 28...,(really, 28? Okay that is going to provide some fodder for the defense.) This story is getting more sordid by the day, yet I am so very unimpressed with yet another major University refusing to let the legal system do its job and waiting before casting dispersions upon someone based on what so far appears to be fairly flimsy "facts." My big question is "How are these guys ever going to get a fair trial??"
OK onto another Scary College Professor story. This one involves Professor Grant D. Smith an eEngineering
Prof from Univ. of Utah who, while flying first class to Boston, takes out his laptop and begins to watch alleged Child Porn!! Fellow passengers in First Class take out their phones and take pictures of what he is watching, they then send those pics to a family member who then calls the cops to report Smith to the authorities, where he is arrested at Logan Airport. This ought to be interesting. There are like 10 crimes here. Smith possession of Child Porn, using a cell phone while in mid air (aren't you supposed to turn them off? I don't know any more I haven't flown in a long while but this article in Sunday's NY Times makes me think you still must power off.) Possession by the picture taker/witness, transmission in interstate commerce to the friend, the friends receipt and possession of child porn, his transmission to police of same. Interesting no?? Smith's defense team will not be allowed to have the photos to see if they are real or nor how they could have gotten on his laptop because the government restricts the access to these photos to include not allowing the defense to have them. Of course the Just-Us Dept. lawyers can have them anytime they want and send them where they want to "test them"etc.
So far it appears that the state is prosecuting, however I think this will soon be taken federal as the penalties for possession of child porn carry such harsh jail times that the possessor prosecuted by the feds, will face far more time than the person doing the molesting will as the molester only is prosecuted in state. Further proof that criminals have no lobby in Congress.
In this case, Smith faces an uphill battle given the photos taken, but then again, we should know not to jump the gun on these things. At least Univ of Utah has a sane approach. The Professor is placed on Admin. leave, until the case is completed, then if guilty he is fired. Seems reasonable, let the courts run their course then decide. Wish Penn State and Syracuse would have shown similar trust in the judicial system to let it do its job.
As for Smith, I would eschew the usual suspect criminal attorneys and get one that works significantly in Cyber-sex crimes. The area is becoming an important sub-specialty of Criminal Law and he will need that expertise to help him avoid a very VERY long jail term.
I remember sending my boys to college campuses in the summer to learn from the college coaches how to play soccer. We also sent them to scholastic camps at Northwestern, Princeton and to the World College in Italy to learn debate skills. I spoke to my sons about those experiences and about whether those were positive experiences. Both acknowledged they were. I asked about the relationships between the participants and the teachers and both said they saw nothing inappropriate, but that the opportunity for abuse is always there, especially in Summers on large campuses with few people around but with lots of buildings. I think if there is any fall out from these scandals, it has to be how parents are going to determine if they can trust the adults with whom they entrust their children. I have no answer, but I think we really need to look into the supervisory relationships, staffing, dorms, and other things before we send the kids into even the most prestigious opportunities.
In another Cyber/ Interent Crime related story, Yahoo provides us with the 25 dumbest passwords. If you use one of these passwords, you are either asking to get hacked or you are a moron. I mean really a password called "Password"? 123456? ABC123?? Who are you the Jackson 5??.
A strong password is made up of letters that do not spell out a word, and those letters should be a mix of Upper and lower case letters. Add some numbers and some signs ie: (!@!@#$#%$%^&). Hence Hb3%eI2* would be a fairly strong password. (Now PLEAASSSEEEE don't use that as a password...) Sigh...
Lastly I thought you would all get a kick from this story about how it is illegal to hail a cab for someone you aren't traveling with in NYC. It is a little known law but it provides a cop with probable cause to stop you and even if that PC escalates to search you. The law was aimed at the Squeggy men. There are some decent underpinnings to the law, but I think it lends itself to selective prosecution defenses. It might be a trite over-broad and vague too.
Anyway, flame away all you rush to judgment types out there. For those who have a few ideas on how to judge what camps and opportunities are safe for kids please leave a comment. For any one with ideas on Safety of Identity please share your knowledge.
Happy Thanksgiving.
Showing posts with label Internet Crimes. Show all posts
Showing posts with label Internet Crimes. Show all posts
Monday, November 28, 2011
Saturday, October 16, 2010
Stuff Even I Can't Make Up: Blabbing Bimbos, USHLS Keep Cartoons Characters Safe From Child Sex Abuse, Moonlighting Is Okay for Judges As Long As They Remain Unfunny and Surprise! Someone Got Angry in an Anger Management Class..
For a little light reading, I thought I would take you for a short tour of what I found funny (that's to read funny strange not funny HA HA! I will admit there is some overlap however)
1. For the last time People, If you are going to "Kiss and Tell" DON"T DO IT ON THE INTERNET!!!
Exhibit One: A woman fighting for child support admits on Facebook that her child is not her husband's.
To quote our friends at ABA Journal News "...one mom posted photos of her children during a custody battle, eliciting a comment from a friend that they didn't look much like her husband. Her response: That's because they're not his." That was smart...
Exhibit Two: Another Duke University Sex Scandal.
An apparently Jock sniffing College Co-ed from Duke University decided it would be a cute idea to make a "Power Point Presentation" of her sexual hi-jinx while an undergrad at Duke University. She ranked 13 lovers, all jocks (many Lacrosse players btw) and was very "explicit" in her descriptions of the guys and the activities she and they engaged in. She sent it by e-mail to three friends and "Surprise" it got sent all over the net!!!
(Yeah like she didn't mean to leak it so that she would get the obligatory book opportunity and Playboy spread.)
I think the kids at Duke may have too much time on their hands. How in the hell do they keep getting that US News and World Report Ranking given that they can't seem to shut up??? What ever happened to discretion being the better part of Valor?? In the interest of truth in journalism, I admit, I could have been subject number 12... okay maybe not but a guy can dream can't he?? (You can read the whole report and see the pictures with blackened out faces here)
2. Your United States Bureau of Homeland Security: Keeping "Toon Town" Safe for Cartoon Kids. Now if they could only protect America.
Radley Balko of the "Agitator", one of my favorite bloggers, has put the only headline I could think of on a case of Simpson cartoon characters in sexual positions causing a conviction for Possession of Child Pornography (yeah you read that right.) In his blog post
I read the press release from the US Justice Dept. trying to decipher the real reason they brought this prosecution... If it weren't so true of the way some of these folks think, I'd have laughed. Here is the Money Quote: “We aggressively use our investigative authorities to protect our communities from those who seek to sexually exploit children for their own perverse gratification,” said Leigh Winchell, special agent in charge of ICE Homeland Security Investigations. “HSI continues to dedicate resources to identify those individuals who engage in this type of criminal behavior and ensure they are brought to justice.”
I am so very happy no moreTOON TOWN characters will be sexually exploited for someone's perverse sexual gratification, now could you use some of these funds you WASTED on this prosecution to freaking solve a crime in MY HOMELAND?? You know, a real crime not a cartoon crime... Maybe find some guy like, oh I don't know... OSAMA BIN LADENmaybe??? Where is Bob Hoskins when he is really needed
While on this same topic, If you happen to be a boss (say the Editor of "Innovation" at the Chicago Tribune, maybe it is not a good idea to use company e-mail to distribute a link to a website that has a fake newscast showing women in various stages of inebriation and undress... I'm just sayin'.
In this time of political correctness, all employers need to be more "sensitive", still I can't help feeling like this guy would still have a job if he wasn't always sending these kind of weird things out.
Hattip: NY TIMES
3. Judges in NY have not received a raise (Not even cost of living) in almost two decades. That is not only inconceivable but downright unfair to them and to the citizens (A well funded judiciary is essential to a nation of laws.) So to fix the problem, we gave them a raise right? NOOOOOO!
We will now allow them to "Moonlight". I can see it now:
Attorney: I have another witness your Honor
Judge: I'm sorry, I have to give the Katz kid a piano lesson at 5:15 on the dot. Otherwise I won't be able to tutor the Smith kid in Math at 6:30. Oh by the way, your decision on that stay of the death penalty? I won't have it done till tomorrow afternoon...
Attorney: Uh Your Honor, my client is due to be executed at 12AM tonight...
Judge: Hmmm well maybe if I skip dinner I can finish it by 11:45PM.
Oh yeah it seems that one job a judge can not have is doing "stand up" comedy... Has anyone read some of the decisions they write... KIDDING IT WAS A JOKE... REALLY... :)
Hattip: ABA Journal News Today.
4. From the Bureau of "I Don't Think She Gets It" comes this little ditty "Woman Stabs Another Attendee at Anger Management Class"
That's right, Faribah Maradiaga 19, stabbed a fellow classmate in her anger management class.
Wanna know what they were arguing about??
Men?
Kids?
Obamacare?
Here is your money quote: "A dispute over the value of a video on anger management being shown to the class sparked a war of words..." I guess that video wasn't as good as they thought it might be.
Okay and for those of you who stuck around this long, My old blogger friend Ken Lammers who was a defense attorney and is now a prosecutor (KENNY KENNY KENNY) has been touted as one of the "Hot Law Enforcement Types."
Oh yeah, If you liked this post, let me know. Leave a note on here or on Facebook.
And on a more serious note, if You or someone you know has been accused of Assault, Child Pornography Possession, or Sexual Harassment at work or at school, it is no laughing matter. It is also nothing to handle without the help of a good lawyer. I am more than willing to speak to anybody who needs help with this or any myriad of legal problems. You can reach me here
1. For the last time People, If you are going to "Kiss and Tell" DON"T DO IT ON THE INTERNET!!!
Exhibit One: A woman fighting for child support admits on Facebook that her child is not her husband's.
To quote our friends at ABA Journal News "...one mom posted photos of her children during a custody battle, eliciting a comment from a friend that they didn't look much like her husband. Her response: That's because they're not his." That was smart...
Exhibit Two: Another Duke University Sex Scandal.
An apparently Jock sniffing College Co-ed from Duke University decided it would be a cute idea to make a "Power Point Presentation" of her sexual hi-jinx while an undergrad at Duke University. She ranked 13 lovers, all jocks (many Lacrosse players btw) and was very "explicit" in her descriptions of the guys and the activities she and they engaged in. She sent it by e-mail to three friends and "Surprise" it got sent all over the net!!!
(Yeah like she didn't mean to leak it so that she would get the obligatory book opportunity and Playboy spread.)
I think the kids at Duke may have too much time on their hands. How in the hell do they keep getting that US News and World Report Ranking given that they can't seem to shut up??? What ever happened to discretion being the better part of Valor?? In the interest of truth in journalism, I admit, I could have been subject number 12... okay maybe not but a guy can dream can't he?? (You can read the whole report and see the pictures with blackened out faces here)
2. Your United States Bureau of Homeland Security: Keeping "Toon Town" Safe for Cartoon Kids. Now if they could only protect America.
Radley Balko of the "Agitator", one of my favorite bloggers, has put the only headline I could think of on a case of Simpson cartoon characters in sexual positions causing a conviction for Possession of Child Pornography (yeah you read that right.) In his blog post
Worst. Prosecution. Ever.Radley describes a prosecution where the only "Images" were cartoon characters... Better get rid of any "Fritz the Cat" videos you downloaded.
I read the press release from the US Justice Dept. trying to decipher the real reason they brought this prosecution... If it weren't so true of the way some of these folks think, I'd have laughed. Here is the Money Quote: “We aggressively use our investigative authorities to protect our communities from those who seek to sexually exploit children for their own perverse gratification,” said Leigh Winchell, special agent in charge of ICE Homeland Security Investigations. “HSI continues to dedicate resources to identify those individuals who engage in this type of criminal behavior and ensure they are brought to justice.”
I am so very happy no moreTOON TOWN characters will be sexually exploited for someone's perverse sexual gratification, now could you use some of these funds you WASTED on this prosecution to freaking solve a crime in MY HOMELAND?? You know, a real crime not a cartoon crime... Maybe find some guy like, oh I don't know... OSAMA BIN LADENmaybe??? Where is Bob Hoskins when he is really needed
While on this same topic, If you happen to be a boss (say the Editor of "Innovation" at the Chicago Tribune, maybe it is not a good idea to use company e-mail to distribute a link to a website that has a fake newscast showing women in various stages of inebriation and undress... I'm just sayin'.
In this time of political correctness, all employers need to be more "sensitive", still I can't help feeling like this guy would still have a job if he wasn't always sending these kind of weird things out.
Hattip: NY TIMES
3. Judges in NY have not received a raise (Not even cost of living) in almost two decades. That is not only inconceivable but downright unfair to them and to the citizens (A well funded judiciary is essential to a nation of laws.) So to fix the problem, we gave them a raise right? NOOOOOO!
We will now allow them to "Moonlight". I can see it now:
Attorney: I have another witness your Honor
Judge: I'm sorry, I have to give the Katz kid a piano lesson at 5:15 on the dot. Otherwise I won't be able to tutor the Smith kid in Math at 6:30. Oh by the way, your decision on that stay of the death penalty? I won't have it done till tomorrow afternoon...
Attorney: Uh Your Honor, my client is due to be executed at 12AM tonight...
Judge: Hmmm well maybe if I skip dinner I can finish it by 11:45PM.
Oh yeah it seems that one job a judge can not have is doing "stand up" comedy... Has anyone read some of the decisions they write... KIDDING IT WAS A JOKE... REALLY... :)
Hattip: ABA Journal News Today.
4. From the Bureau of "I Don't Think She Gets It" comes this little ditty "Woman Stabs Another Attendee at Anger Management Class"
That's right, Faribah Maradiaga 19, stabbed a fellow classmate in her anger management class.
Wanna know what they were arguing about??
Men?
Kids?
Obamacare?
Here is your money quote: "A dispute over the value of a video on anger management being shown to the class sparked a war of words..." I guess that video wasn't as good as they thought it might be.
Okay and for those of you who stuck around this long, My old blogger friend Ken Lammers who was a defense attorney and is now a prosecutor (KENNY KENNY KENNY) has been touted as one of the "Hot Law Enforcement Types."
Oh yeah, If you liked this post, let me know. Leave a note on here or on Facebook.
And on a more serious note, if You or someone you know has been accused of Assault, Child Pornography Possession, or Sexual Harassment at work or at school, it is no laughing matter. It is also nothing to handle without the help of a good lawyer. I am more than willing to speak to anybody who needs help with this or any myriad of legal problems. You can reach me here
Saturday, March 14, 2009
Seems We White Collar Criminal Defense Attorneys Are a Hot Date Commodity. Why? Cause we are IN DEMAND. Who Knew? You Should!!
I found this little tidbit about finding wealthy guys for "gold digging" girls. It says that if you want to find wealthy guys hang out with lawyers...But not just any lawyers. No only Bankruptcy and White Collar Criminal Defense Lawyers. I just told my wife I am a hot commodity... she seems somewhat shall we say nonplussed...
Whether of not you are a "golddigger" White collar criminal defense lawyers are a good group with which to hang out. They are bright tough, and if you get one that is not afraid to try a case, interesting. The best of us know that the most important thing we can do is keep our clients out of the paper and unindicted. Hence the time to find a White Collar Criminal Defense Lawyer here on Long Island or in New York City, is as soon as you realize you could be (not may be or are) in trouble. Often you will be surprised to learn how few Nassau and Suffolk County Criminal Defense Lawyers are really White Collar Criminal Defense Lawyers. You need a Criminal Lawyer who is just as comfortable in State as in Federal court and you need one who knows how to conduct a money investigation as well as handle the criminal courtroom and the public.
I have taken on Ponzi scheme cases, as well as stock frauds. wire and mail frauds, and of course their by-product money laundering cases. I know that handling the press and getting a good face on the client in the court of public opinion is very important. Hence we work with our own Public Relation staff, media people and social workers to present our client well in the media and to the court. Judicious use of jury selection experts and a team approach to investigation and trial is another key aspect of what I think makes my firm different from most other Long Island (and even many New York City) White Collar Criminal Defense firms.
An additional worry for many White Collar Defendants is that even if they survive the criminal prosecution, they face lower standards for losing their licenses. Lawyers, Brokers, CPA's and even Notaries need to look for lawyers who have handled not only criminal cases, not only White Collar Criminal cases but also lawyers who have appeared before Grievance committees, NASD and SEC boards and the state education department. They need to find attorneys who have helped others hold onto the licenses after those individuals have been accused or even investigated for crimes.
Now a sentencing expert is not going to help Bernie Madoff too much. But when a White Collar Criminal Defendant is looking for a criminal defense team, especially in the federal Second Circuit (which encompasses New York Brooklyn Queens Nassau and Suffolk Counties), they should also be concerned with how much that trial lawyer knows about the Federal and State Sentencing guidelines. Working the guidelines and understanding the cases (such as Booker and FanFan and their progeny) is a key to avoiding lengthy prison sentences.
In all, I really enjoy working on White Collar Criminal Defense cases in New York and on Long Island. They provide a tremendous legal challenge and a personal challenge too. They require I reinforce to the jury that the clients are not bad people and that they are the same as those before whom they are called. They are just men and women who were trying to make an honest buck when a roof caved in.
It is also important to keep before the jury, that it is not the job of the white collar defendant to stop people from making mistakes with their money, it is their job to offer legitimate opportunities, explain the risks accurately and then let the chips fall where they may.
If you or someone you love is charged with a White Collar Crime whether in New York City or in Nassau or Suffolk counties, I would love to consult with you, or them, about it to see if we may help.
You can call us at 516-741-3400 24/7or reach out to us on this blog.
Whether of not you are a "golddigger" White collar criminal defense lawyers are a good group with which to hang out. They are bright tough, and if you get one that is not afraid to try a case, interesting. The best of us know that the most important thing we can do is keep our clients out of the paper and unindicted. Hence the time to find a White Collar Criminal Defense Lawyer here on Long Island or in New York City, is as soon as you realize you could be (not may be or are) in trouble. Often you will be surprised to learn how few Nassau and Suffolk County Criminal Defense Lawyers are really White Collar Criminal Defense Lawyers. You need a Criminal Lawyer who is just as comfortable in State as in Federal court and you need one who knows how to conduct a money investigation as well as handle the criminal courtroom and the public.
I have taken on Ponzi scheme cases, as well as stock frauds. wire and mail frauds, and of course their by-product money laundering cases. I know that handling the press and getting a good face on the client in the court of public opinion is very important. Hence we work with our own Public Relation staff, media people and social workers to present our client well in the media and to the court. Judicious use of jury selection experts and a team approach to investigation and trial is another key aspect of what I think makes my firm different from most other Long Island (and even many New York City) White Collar Criminal Defense firms.
An additional worry for many White Collar Defendants is that even if they survive the criminal prosecution, they face lower standards for losing their licenses. Lawyers, Brokers, CPA's and even Notaries need to look for lawyers who have handled not only criminal cases, not only White Collar Criminal cases but also lawyers who have appeared before Grievance committees, NASD and SEC boards and the state education department. They need to find attorneys who have helped others hold onto the licenses after those individuals have been accused or even investigated for crimes.
Now a sentencing expert is not going to help Bernie Madoff too much. But when a White Collar Criminal Defendant is looking for a criminal defense team, especially in the federal Second Circuit (which encompasses New York Brooklyn Queens Nassau and Suffolk Counties), they should also be concerned with how much that trial lawyer knows about the Federal and State Sentencing guidelines. Working the guidelines and understanding the cases (such as Booker and FanFan and their progeny) is a key to avoiding lengthy prison sentences.
In all, I really enjoy working on White Collar Criminal Defense cases in New York and on Long Island. They provide a tremendous legal challenge and a personal challenge too. They require I reinforce to the jury that the clients are not bad people and that they are the same as those before whom they are called. They are just men and women who were trying to make an honest buck when a roof caved in.
It is also important to keep before the jury, that it is not the job of the white collar defendant to stop people from making mistakes with their money, it is their job to offer legitimate opportunities, explain the risks accurately and then let the chips fall where they may.
If you or someone you love is charged with a White Collar Crime whether in New York City or in Nassau or Suffolk counties, I would love to consult with you, or them, about it to see if we may help.
You can call us at 516-741-3400 24/7or reach out to us on this blog.
Thursday, January 29, 2009
Maybe You Are Wondering Where I Am.
I have not posted for nearly 10 days. I have a bad habit of going on "walkabout". I get the urge to write and then after a month or so, it goes away, I have little new to say or too little time to say it well.
I am in the second phase now. I have too little time to say what I want to say well. I am not sure who said it first, but I think it was Winston Churchill who said, " I am sorry for the long letter but I didn't have the time to write a short one." It takes time to write well. I do not write as well as others.
I have also been tied up with the case of the AGAPE WORLD INC. alleged Ponzi scheme. I am representing one of the Vice Presidents of the company and the man who called the authorities on behalf of his fellow VP's and employees of Agape World when he confirmed the President of Agape Nicholas Cosmo was stealing and running a Ponzi Scheme. I hope to have a lot to say on my blog this weekend on this matter. Meanwhile, I am thankful for the folks who follow me on Twitter and who call or send notes or e-mails wishing my client and I good fortune. I may add a few links later.
For anyone who is interested you can see me speak on Criminal Motion Practice at the Young Lawyer Section of the NYS Bar Association tomorrow from 9:30 to 10:30 in their CLE Bridge the Gap seminar. It is a highly attended seminar and I think you may enjoy it.
I will be back in a couple of days.
I am in the second phase now. I have too little time to say what I want to say well. I am not sure who said it first, but I think it was Winston Churchill who said, " I am sorry for the long letter but I didn't have the time to write a short one." It takes time to write well. I do not write as well as others.
I have also been tied up with the case of the AGAPE WORLD INC. alleged Ponzi scheme. I am representing one of the Vice Presidents of the company and the man who called the authorities on behalf of his fellow VP's and employees of Agape World when he confirmed the President of Agape Nicholas Cosmo was stealing and running a Ponzi Scheme. I hope to have a lot to say on my blog this weekend on this matter. Meanwhile, I am thankful for the folks who follow me on Twitter and who call or send notes or e-mails wishing my client and I good fortune. I may add a few links later.
For anyone who is interested you can see me speak on Criminal Motion Practice at the Young Lawyer Section of the NYS Bar Association tomorrow from 9:30 to 10:30 in their CLE Bridge the Gap seminar. It is a highly attended seminar and I think you may enjoy it.
I will be back in a couple of days.
Sunday, October 12, 2008
Catching Up: A Week of My Favorite Posts... by Others!
Ok, just because I am in trial, (in Queens County NY) doesn't mean I am not keeping up with my reading. It is my writing that goes to pot.
Anyway, I want to get this post up, so no more small talk:
1.Over at Sentencing Law and Policy Blog, Prof. Berman had three interesting posts that make my list this week:
A. USSC is considering alternatives to incarceration... It is about time. It is a lot cheaper to spend 60K to rehab a person, than 25 a year for 10 years to incarcerate them. Article here
B. Berman also points out that the sheep we elect to office are creating gulags for sex offenders through zoning laws. Someone has to tell me Why the concept of having paid for his crime doesn't apply to sex offenders. Especially since we keep enlarging the definition of sex offender.
C. Then there is the story on how Florida wants to stop clusters from happening. That doesn't mean they want to allow convicted Sex offenders to live anywhere, just that they don't want too many in any one place. Trouble is, that will lead to banishment.
Money quote:
2. Staying with the Sex Offender theme Sex Crimes Blog:
A. has an article on the ACLU suit against Allegany County which has a sex offender "banishment law" where they say that a sex offender (no definition)must live 2500 feet away from places where children might congregate.
B. Prof. Yung also blogs about a NIMBY (Not in MY backyard)protest and petition drive that seeks to keep a sex offender rehab out of a Utah neighborhood. The rehab would be a football field away from a daycare "center".
C. Finally, we have the most ridiculous application of the Adam Walsh Act. A law meant to protect a child from child pornography will now cause the child to have to register, because she sent a nude picture OF HERSELF to a boy. Oh my God, How will this affect Disney stars????
Money Quote:
That is because they are stupid. They only want to pander to crazed voters who they misled into believing there was a problem where one never existed. They haven't solved a real problem in so long that it is no wonder the courts are left to sort this garbage out. I have a case like this in Suffolk County NY. A Florida cop, broke the law and got a minor to send porn to him (the cop was pretending to be 14). Nevertheless, it is according to the District Attorney a crime. What is really absurd is that given the age difference, the boy and a real girl could have sex but not talk about it or simulate it over a computer?!? This garbage has really made the law appear foolish...
Ok there were a lot of other good stories about sex crimes, but we must move on.
3. There is a prolific blogger out there by the name of Radley Balko. He writes The Agitator and offers posts to Reason magazine's Hit and Run blog too. Radley was focused on Law this week:
A.This post at The Agitator leads to a story about a man who could not afford to keep up his lawn in his gated community. He had gotten hit with a 600 a month ARM increase and his adult daughter and two grand kids had to move in when they lost their home. Still the community board chose to spend nearly 1000 dollars on legal fees instead of helping the neighbor get his lawn in gear (He needed to resod the lawn which went brown in the Florida Sun when his sprinkler broke). They actually put the guy in prison. Sounds like debtor prison all over again. What was this judge thinking? I remember when I was at Legal Aid,District Court Judge Mike Steinberg fined a guy 20 dollars and then he paid the fine himself...Oh yeah, at 24k a year average cost to incarcerate someone, it should take about a month before it would be cheaper for the county to sod the home itself than keep the man in jail. Given his age and health, it could cost them more far sooner.
B. Not satisfied with lambasting stupid legislators, Balko also picks on a stupid judge, Mark Rusch, who in a capital murder case, had to be removed from the case because he signed a search warrant for police to search a lawyers office to get incriminating evidence against the lawyer's client... Then he had the evidence brought to his home where he and prosecutors handled it!!!! Where the heck did this idiot go to law school? And how the hell did he pass the bar exam? That is Constitutional law 101!!
Radley rightly asks:
C.Finally over at Slate Magazine, Balko tears apart what appears to be Obama's criminal justice policy. Namely block grants that neither Congress nor the President can oversee. Two grants he has named are for:
a)Neighborhood policing (which was a failed Clinton initiative that Bush phased out.)The Neighborhood policing initiative took $8 Billion Dollars and reduced crime by less than one(1%)percent and
b)the other is the Byrne grant for Drug Eradication which in fact took drugs off the streets but focused on low level pushers and favored numbers. This led one rouge cop to falsely arrest pretty much all the black people in his town on trumped up charges. I wish I had any hope that some of the Criminal Defense Lawyers supporting Obama were going to serve in his Justice Department or that he was going to name one to the Supreme Court...hmm on second thought...
Ok that's 9 stories. That is about all I have time for now. I hope to have some more tomorrow.
In the meantime, Jets won, blog's updated, and I am ready for more cross examination. All and all, a pretty good weekend.
Anyway, I want to get this post up, so no more small talk:
1.Over at Sentencing Law and Policy Blog, Prof. Berman had three interesting posts that make my list this week:
A. USSC is considering alternatives to incarceration... It is about time. It is a lot cheaper to spend 60K to rehab a person, than 25 a year for 10 years to incarcerate them. Article here
B. Berman also points out that the sheep we elect to office are creating gulags for sex offenders through zoning laws. Someone has to tell me Why the concept of having paid for his crime doesn't apply to sex offenders. Especially since we keep enlarging the definition of sex offender.
C. Then there is the story on how Florida wants to stop clusters from happening. That doesn't mean they want to allow convicted Sex offenders to live anywhere, just that they don't want too many in any one place. Trouble is, that will lead to banishment.
Money quote:
White says he would like to have sexual offenders housed in a designated commune-like facility in Hillsborough County. The facility would be gated, well marked and a good distance from churches and schools. "Along the perimeter of that facility you could have the postings and the markings that this is a certified sex offender location -- please keep children so many feet away and children beware," White said.
2. Staying with the Sex Offender theme Sex Crimes Blog:
A. has an article on the ACLU suit against Allegany County which has a sex offender "banishment law" where they say that a sex offender (no definition)must live 2500 feet away from places where children might congregate.
B. Prof. Yung also blogs about a NIMBY (Not in MY backyard)protest and petition drive that seeks to keep a sex offender rehab out of a Utah neighborhood. The rehab would be a football field away from a daycare "center".
C. Finally, we have the most ridiculous application of the Adam Walsh Act. A law meant to protect a child from child pornography will now cause the child to have to register, because she sent a nude picture OF HERSELF to a boy. Oh my God, How will this affect Disney stars????
Money Quote:
State Rep. Jay Hottinger, R-Newark, wrote the state's Megan's Law bill, the predecessor of the Adam Walsh Act, and said this case was not something the legislature envisioned.
That is because they are stupid. They only want to pander to crazed voters who they misled into believing there was a problem where one never existed. They haven't solved a real problem in so long that it is no wonder the courts are left to sort this garbage out. I have a case like this in Suffolk County NY. A Florida cop, broke the law and got a minor to send porn to him (the cop was pretending to be 14). Nevertheless, it is according to the District Attorney a crime. What is really absurd is that given the age difference, the boy and a real girl could have sex but not talk about it or simulate it over a computer?!? This garbage has really made the law appear foolish...
Ok there were a lot of other good stories about sex crimes, but we must move on.
3. There is a prolific blogger out there by the name of Radley Balko. He writes The Agitator and offers posts to Reason magazine's Hit and Run blog too. Radley was focused on Law this week:
A.This post at The Agitator leads to a story about a man who could not afford to keep up his lawn in his gated community. He had gotten hit with a 600 a month ARM increase and his adult daughter and two grand kids had to move in when they lost their home. Still the community board chose to spend nearly 1000 dollars on legal fees instead of helping the neighbor get his lawn in gear (He needed to resod the lawn which went brown in the Florida Sun when his sprinkler broke). They actually put the guy in prison. Sounds like debtor prison all over again. What was this judge thinking? I remember when I was at Legal Aid,District Court Judge Mike Steinberg fined a guy 20 dollars and then he paid the fine himself...Oh yeah, at 24k a year average cost to incarcerate someone, it should take about a month before it would be cheaper for the county to sod the home itself than keep the man in jail. Given his age and health, it could cost them more far sooner.
B. Not satisfied with lambasting stupid legislators, Balko also picks on a stupid judge, Mark Rusch, who in a capital murder case, had to be removed from the case because he signed a search warrant for police to search a lawyers office to get incriminating evidence against the lawyer's client... Then he had the evidence brought to his home where he and prosecutors handled it!!!! Where the heck did this idiot go to law school? And how the hell did he pass the bar exam? That is Constitutional law 101!!
Radley rightly asks:
Good to hear the judge was taken off the case, but shouldn’t this guy be removed from the bench?
C.Finally over at Slate Magazine, Balko tears apart what appears to be Obama's criminal justice policy. Namely block grants that neither Congress nor the President can oversee. Two grants he has named are for:
a)Neighborhood policing (which was a failed Clinton initiative that Bush phased out.)The Neighborhood policing initiative took $8 Billion Dollars and reduced crime by less than one(1%)percent and
b)the other is the Byrne grant for Drug Eradication which in fact took drugs off the streets but focused on low level pushers and favored numbers. This led one rouge cop to falsely arrest pretty much all the black people in his town on trumped up charges. I wish I had any hope that some of the Criminal Defense Lawyers supporting Obama were going to serve in his Justice Department or that he was going to name one to the Supreme Court...hmm on second thought...
Ok that's 9 stories. That is about all I have time for now. I hope to have some more tomorrow.
In the meantime, Jets won, blog's updated, and I am ready for more cross examination. All and all, a pretty good weekend.
Sunday, October 05, 2008
Craig's List is a Hotbed of Online Prostitution: So Who Knew??
This must be the week for Prostitution on blogs. Instapundit sites this article about the (sewer/treasure trove{?}) that Craig's List Erotic Service Section has become in the search for "sex on the run." I think the comments below the article are interesting however.
For example:
"Posted by whb on October 5, 2008 at 2:53 a.m.
It is illegal to pay to have sex, but it is legal to pay to watch people who are paid to have sex, i.e., a porno film.
As porno films are legal to buy and watch, they should therefore be legal to make (can't have one without the other).
So, all these professionals should advertise for a co-star in an upcoming film and set up a camera at the meeting location. This should legitimize the transaction, and the police can then focus their attention on something worthwhile."
I have had this thought myself a number of times. There are issues that the "service provider" would have to resolve but it is an interesting idea. (Let me know what you think in the comments section.)
Anyway, the comments to the article seem to indicate that even in "Bible Belt" Tenn. people get the idea that maybe law enforcement ought to be doing something other than chasing down randy adult men (and the adults who make money off of meeting their sex drive).
What these citizens do not realize (and I am surprised the Instapundit doesn't point out) is that these Prostitution stings are funded by good 'ole Uncle Sam. That's right, special funding is coming from the Justice Department (by way of The Trafficking Victims Protection Act of 2000, to local police departments that arrest these people. That puts cops off the street and takes local police department eyes off of the real crime in their cities and towns.
What's worse is The William Wilberforce Trafficking Victims Protection Reauthorization Act also known as HR.3887. This little baby wants to federalize the crime of prostitution. Can you imagine the increase in the US Justice Dept. budget if we did that?? Where will we get the personnel to deal with important stuff like Terrorist, Organized crime and Wall Street criminals? The scary thing is a version of the bill passed the House 405-02 in 2006! In fact the Justice Dept. opposes HR.3887
It is all part of the Neo-con game of keeping the Religious Right enraptured. No money expenditure is too large if it makes some televangelist happy...
Friday, March 21, 2008
Well I think we finally have a plan
Well I think I finally have a plan for this blog. I have wanted to mesh both blogs for a while. (Long Island (Criminal) Trial Law and That Lawyer Dude.) I also wanted to kind of start over for a bunch of reasons. I was trying to get the thing redesigned but my time for this is kind of limited. SOOOOO:
I have decided that I will be moving "That Lawyer Dude" to a new site (sorry blogger but this isn't working anymore)then I've decided that the new "That Lawyer Dude" will continue to be an amalgam of thought pieces and law combined. I will continue to write the blog alone for now, though I am still interested in a group blog.
Since the time table for the move is not set, and since I feel like writing, I am going to start blogging here again. If people start reading me again, great. If not, well at least my thoughts won't keep getting bottled up inside of me.
Now for the few of you who wonder what I have been up to. Well, I have been answering questions galore over at both Lawguru.com and AVVO.com I also occasionally take questions on at Linkedin.com I have also been more active on Solosez and the NYSACDL Listserves. So I have been writing but just not here.
On the office front, I have expanded our Lawfirm to include 2 new lawyers and I am hoping to add one of our "Of Counsels" as a partner.
I have tried a couple of cases and have expanded our practice areas. We now have an active Appellate Practice Group and a fledgling Catastrophic/Medical Malpractice Group. Our Qui Tam (False Claims Act Whistle blower) practice has also picked up substantially, as employees of Iraq-war contractors begin to report employers who cheat our Government and our taxpayers. There appears to be some favorable federal legislation pending on this area and I am hoping that if it passes, our Qui Tam/False Claims Act Practice Group will continue to grow. It is one of the most interesting areas of our practice and frankly very important. After all, anything that cheats our soldiers is abhorrent to me so I feel really good about going after these companies.
Our White Collar Criminal Practice Group is also booming. We have been doing a lot of work in the area of Criminal Trademark Infringement and Counterfeiting. These cases prosecute (mostly in federal court) the alleged illegal theft, retention, and sale of trademarked, patented, and copywritten material. They also usually include conspiracy, money laundering, RICO, and a myriad of other charges. The prosecution can be large or of a small group. The Federal Sentencing guidelines make these crimes much different from other White Collar Crimes.
Because many of these crimes cross international boundries, we have had to add a number of people on the staff who speak other languages. At this time our employees speak Chinese(Mandarin, Cantonese, and Taiwanese), Japanese, Italian, French and French Creole,German,Hindi,Tagalog (Philippines)Erdu & Arabic. We may not all be fluent in all of these languages but I am proud of my colleagues for their efforts
For example we are working on a case which alleges a syndicated was bringing in over 20 million dollars in trademarked NIKE and ADDIDAS clothing; another where a group was illegally obtaining credit card numbers and embossing them on purloined AMEX and VISA cards; a third case where the accused is accused of obtaining and selling first run movies on DVD as they come out and even BEFORE they come out in theaters.
It seems that the federal government is cracking down on these crimes as in part because of greater security at ports a direct result of the changes in prosecution initiatives in the wake of 9-11.
Finally we continue to try cases of the more "traditional" criminal kind. I will be starting hearings on a Murder 2 case (America's Most Wanted highlighted the case here)and I have a Burglary case scheduled for trial in two weeks, following a very interesting assault case.
So, while I will be posting here more regularly until the big MOVE, don't plan on seeing too much too soon. On the other hand, you never know what could happen. Maybe a Governor of a big eastern state will be caught patronizing prostitutes...
I want to keep up with the Q & A posts at LawGuru and Avvo, but I need a place to rant too. Hence I am returning.
I have decided that I will be moving "That Lawyer Dude" to a new site (sorry blogger but this isn't working anymore)then I've decided that the new "That Lawyer Dude" will continue to be an amalgam of thought pieces and law combined. I will continue to write the blog alone for now, though I am still interested in a group blog.
Since the time table for the move is not set, and since I feel like writing, I am going to start blogging here again. If people start reading me again, great. If not, well at least my thoughts won't keep getting bottled up inside of me.
Now for the few of you who wonder what I have been up to. Well, I have been answering questions galore over at both Lawguru.com and AVVO.com I also occasionally take questions on at Linkedin.com I have also been more active on Solosez and the NYSACDL Listserves. So I have been writing but just not here.
On the office front, I have expanded our Lawfirm to include 2 new lawyers and I am hoping to add one of our "Of Counsels" as a partner.
I have tried a couple of cases and have expanded our practice areas. We now have an active Appellate Practice Group and a fledgling Catastrophic/Medical Malpractice Group. Our Qui Tam (False Claims Act Whistle blower) practice has also picked up substantially, as employees of Iraq-war contractors begin to report employers who cheat our Government and our taxpayers. There appears to be some favorable federal legislation pending on this area and I am hoping that if it passes, our Qui Tam/False Claims Act Practice Group will continue to grow. It is one of the most interesting areas of our practice and frankly very important. After all, anything that cheats our soldiers is abhorrent to me so I feel really good about going after these companies.
Our White Collar Criminal Practice Group is also booming. We have been doing a lot of work in the area of Criminal Trademark Infringement and Counterfeiting. These cases prosecute (mostly in federal court) the alleged illegal theft, retention, and sale of trademarked, patented, and copywritten material. They also usually include conspiracy, money laundering, RICO, and a myriad of other charges. The prosecution can be large or of a small group. The Federal Sentencing guidelines make these crimes much different from other White Collar Crimes.
Because many of these crimes cross international boundries, we have had to add a number of people on the staff who speak other languages. At this time our employees speak Chinese(Mandarin, Cantonese, and Taiwanese), Japanese, Italian, French and French Creole,German,Hindi,Tagalog (Philippines)Erdu & Arabic. We may not all be fluent in all of these languages but I am proud of my colleagues for their efforts
For example we are working on a case which alleges a syndicated was bringing in over 20 million dollars in trademarked NIKE and ADDIDAS clothing; another where a group was illegally obtaining credit card numbers and embossing them on purloined AMEX and VISA cards; a third case where the accused is accused of obtaining and selling first run movies on DVD as they come out and even BEFORE they come out in theaters.
It seems that the federal government is cracking down on these crimes as in part because of greater security at ports a direct result of the changes in prosecution initiatives in the wake of 9-11.
Finally we continue to try cases of the more "traditional" criminal kind. I will be starting hearings on a Murder 2 case (America's Most Wanted highlighted the case here)and I have a Burglary case scheduled for trial in two weeks, following a very interesting assault case.
So, while I will be posting here more regularly until the big MOVE, don't plan on seeing too much too soon. On the other hand, you never know what could happen. Maybe a Governor of a big eastern state will be caught patronizing prostitutes...
I want to keep up with the Q & A posts at LawGuru and Avvo, but I need a place to rant too. Hence I am returning.
Sunday, August 05, 2007
Around the Universe...Too Much News!!
Wow it feels like this was a huge week. Here I was in bucolic Woodloch Pines in the Poconos having the time of my life while the world was attacking freedoms and limiting liberty. So lets see what I missed:
1. Judge Okays an "Innocent Pedophile's" Right to Publish Clean Photo's of Children on His Blog.
This article from the ABA tells of how a good scare can completely destroy liberty among those that do not understand freedom.
Self-admitted pedophile Jack McClellan has been going around telling everyone he is ok with sex with little kids and that he is Sexually attracted to these kids... but there are no kids that have stepped up to admit being with him. Hence other than having weird thoughts he hasn't done anything wrong... except to scare the bejesus out of parents in Southern California.
Two parents of youngsters sought to restrain this otherwise homeless sycophant from coming near their children. They sought to stop him from loitering near places where kids gather, and to keep 30 feet away from children. They also sought to stop him from putting and publishing pictures of kids on his website. Now these were not pornographic pictures... these are ANY PICTURES.
I originally didn't think there was a problem with the 30 foot rule, but then again, I was barely awake when I first read this article. Not only is the restraint not limited to a specific child, but it also seems like a prior restraint which could basically keep this guy out of places to eat, receive health care, even use bathroom facilities. The guy sexually idealizes kids, but as far as we can tell hasn't acted on it. This order sets him up for being arrested.
Now the problem is...what if he does. Do you want to be the judge who said we couldn't stop him until he hurt someone?
Evidentially neither did the judge in this case, one Melvin Sandvig of the LA Superior court. The problem of course is that the fear of what this guy could do is juxtaposed against the right of his to both espouse his views and at the same time be allowed the same rights as anyone else with a controversial viewpoint.
What is to stop the Judges from ruling that people who favor guns and gun usage could be effectively banished because they may massacre kids in a school?
Unpopular ideas, even illegal ones, voiced, are not a crime. If we begin to criminalize thought and speech we could easily and quickly become a totalitarian state. Ask anyone who studies Nazi Germany.
This case is not so much about pedophilia as it is about a kind of terrorism. It is actually easier in many ways to defend the active pedophile than it is to go to bat for McClellan. I think the terror of what might happens makes it different. This guy doesn't have the money to oppose the ruling. I wonder if the ACLU will step up to defend his civil rights. It has got to be a tough one. Nevertheless if it were happening here, I would agree to do it. I wouldn't like it, but I'd do it as hard as I can. The constitution, and the law requires it.
Which leads me to my next headline:
2. ABA Journal Ethic's Piece Highlights the Struggle of a Lawyer Who Did the Ethical Thing.
Calling it "The Toughest Call" ABA Journal Editor Mark Hansen recounts the tail of Frank Armani and Francis Belge two assigned counsel who were called on to defend a mass murdering rapist, Robert Garrow.
In conversations with Garrow, the lawyers learned he had killed and raped others and that he knew where bodies of other decedents were. He told them and then they (having the duty to preserve the evidence) went and took pictures of the "graves" and of the dead.
They refused to reveal the information received by them in confidence. They were reviled by the press and by their friends and neighbors for their ethical decision.
Belge went on to leave the practice. Armani slowly rebuilt his reputation in the Syracuse area. Both suffered unfairly for what was clearly the toughest, but the only decision they could make.
This case caused a book "Privileged Information", and a movie "Sworn to Silence." Actor Peter Coyote retells the story of making the film on his website here. If you are interested in the real practice of law, or in ethics, or just want to see a great movie, rent this one. I understand the book (which appears to be out of print) is a fascinating read as well.
By the way, Kudo's on the ABA Journal website . I just found it and I love it!!! Great place to stay up on legal news.
3. House Democrats Wimp Out on FISA Bill: Will Anyone Stand Up and Save the Constitution???
The NY Times reports (here) that the democrat congress refused to stand up to the President once again and agreed to a bill amending the FISA court and to allow greater domestic spying by the executive branch without the benefit of judicial supervision.
The administration wants the right to eavesdrop on conversations that are routed through US routers. They already can eavesdrop on calls not routed through the US. They need a warrant to eavesdrop on calls wholly within the US. But internet calls outside of the US which happen by one of our ISP's are now eligible for warrantless eavesdropping.
Here's the thing. They do not have the ability to differentiate between terror calls and non terror calls. If they listen into non terror calls, they shouldn't be able to use the information, and it should not be stored. I don't trust Gonzoles and company to do that, and apparently neither does anybody else.
Here's another thing. The Dems know that it's unconstitutional, and they had the power to stop it by not bringing it to a vote, They had a bill that was a good one, but the President threatened to veto it. Well that means that the President will be able to go around saying the Democrats refused to act to keep America safe. So they caved in.
Ok maybe we are safe from terror... (maybe) but who will protect us from the Bushies???
4. The Truth About Pot, Weed, Marijuana.
I am not in favor of continuing a drug war which frankly we are losing. I would rather educate and teach, and then tax and let Darwin work out the rest.
In that vein, here and here are two articles that tell you why Pot is bad for you... (1 joint is equal to five cigarettes!!!) Read them. Then try to figure out why you are so suicidal you would introduce this crap into your body.
Consider yourself more educated.
Ok I am back from vacation, lets see if I can get a couple of posts out this week.
TLD
1. Judge Okays an "Innocent Pedophile's" Right to Publish Clean Photo's of Children on His Blog.
This article from the ABA tells of how a good scare can completely destroy liberty among those that do not understand freedom.
Self-admitted pedophile Jack McClellan has been going around telling everyone he is ok with sex with little kids and that he is Sexually attracted to these kids... but there are no kids that have stepped up to admit being with him. Hence other than having weird thoughts he hasn't done anything wrong... except to scare the bejesus out of parents in Southern California.
Two parents of youngsters sought to restrain this otherwise homeless sycophant from coming near their children. They sought to stop him from loitering near places where kids gather, and to keep 30 feet away from children. They also sought to stop him from putting and publishing pictures of kids on his website. Now these were not pornographic pictures... these are ANY PICTURES.
I originally didn't think there was a problem with the 30 foot rule, but then again, I was barely awake when I first read this article. Not only is the restraint not limited to a specific child, but it also seems like a prior restraint which could basically keep this guy out of places to eat, receive health care, even use bathroom facilities. The guy sexually idealizes kids, but as far as we can tell hasn't acted on it. This order sets him up for being arrested.
Now the problem is...what if he does. Do you want to be the judge who said we couldn't stop him until he hurt someone?
Evidentially neither did the judge in this case, one Melvin Sandvig of the LA Superior court. The problem of course is that the fear of what this guy could do is juxtaposed against the right of his to both espouse his views and at the same time be allowed the same rights as anyone else with a controversial viewpoint.
What is to stop the Judges from ruling that people who favor guns and gun usage could be effectively banished because they may massacre kids in a school?
Unpopular ideas, even illegal ones, voiced, are not a crime. If we begin to criminalize thought and speech we could easily and quickly become a totalitarian state. Ask anyone who studies Nazi Germany.
This case is not so much about pedophilia as it is about a kind of terrorism. It is actually easier in many ways to defend the active pedophile than it is to go to bat for McClellan. I think the terror of what might happens makes it different. This guy doesn't have the money to oppose the ruling. I wonder if the ACLU will step up to defend his civil rights. It has got to be a tough one. Nevertheless if it were happening here, I would agree to do it. I wouldn't like it, but I'd do it as hard as I can. The constitution, and the law requires it.
Which leads me to my next headline:
2. ABA Journal Ethic's Piece Highlights the Struggle of a Lawyer Who Did the Ethical Thing.
Calling it "The Toughest Call" ABA Journal Editor Mark Hansen recounts the tail of Frank Armani and Francis Belge two assigned counsel who were called on to defend a mass murdering rapist, Robert Garrow.
In conversations with Garrow, the lawyers learned he had killed and raped others and that he knew where bodies of other decedents were. He told them and then they (having the duty to preserve the evidence) went and took pictures of the "graves" and of the dead.
They refused to reveal the information received by them in confidence. They were reviled by the press and by their friends and neighbors for their ethical decision.
Belge went on to leave the practice. Armani slowly rebuilt his reputation in the Syracuse area. Both suffered unfairly for what was clearly the toughest, but the only decision they could make.
This case caused a book "Privileged Information", and a movie "Sworn to Silence." Actor Peter Coyote retells the story of making the film on his website here. If you are interested in the real practice of law, or in ethics, or just want to see a great movie, rent this one. I understand the book (which appears to be out of print) is a fascinating read as well.
By the way, Kudo's on the ABA Journal website . I just found it and I love it!!! Great place to stay up on legal news.
3. House Democrats Wimp Out on FISA Bill: Will Anyone Stand Up and Save the Constitution???
The NY Times reports (here) that the democrat congress refused to stand up to the President once again and agreed to a bill amending the FISA court and to allow greater domestic spying by the executive branch without the benefit of judicial supervision.
The administration wants the right to eavesdrop on conversations that are routed through US routers. They already can eavesdrop on calls not routed through the US. They need a warrant to eavesdrop on calls wholly within the US. But internet calls outside of the US which happen by one of our ISP's are now eligible for warrantless eavesdropping.
Here's the thing. They do not have the ability to differentiate between terror calls and non terror calls. If they listen into non terror calls, they shouldn't be able to use the information, and it should not be stored. I don't trust Gonzoles and company to do that, and apparently neither does anybody else.
Here's another thing. The Dems know that it's unconstitutional, and they had the power to stop it by not bringing it to a vote, They had a bill that was a good one, but the President threatened to veto it. Well that means that the President will be able to go around saying the Democrats refused to act to keep America safe. So they caved in.
Ok maybe we are safe from terror... (maybe) but who will protect us from the Bushies???
4. The Truth About Pot, Weed, Marijuana.
I am not in favor of continuing a drug war which frankly we are losing. I would rather educate and teach, and then tax and let Darwin work out the rest.
In that vein, here and here are two articles that tell you why Pot is bad for you... (1 joint is equal to five cigarettes!!!) Read them. Then try to figure out why you are so suicidal you would introduce this crap into your body.
Consider yourself more educated.
Ok I am back from vacation, lets see if I can get a couple of posts out this week.
TLD
Wednesday, January 17, 2007
That Lawyer Dude Is Cited in Newsday On The North Babylon "Wilding" or "Hopping" Incident
Big week for being cited by the MSM (Main Stream Media, as opposed to the blogging community)for That Lawyer Dude. First Fox.com and now these two stories in Newsday today.
The topic (sadly) is a wilding incident where three young women attacked another girl for no apparent reason (evidently it had something to do with a boy.)
Though the child who got beaten was not hurt, the incident passed by every one's notice until one of the kids or their friends put it up on the Internet. It went on some one's My Space.com and now it is all over the place.
The three aggressors have been suspended from school and now they are being prosecuted. I must admit if you see the video it looks pretty violent...then again assaults always seems violent. There is hair pulling and pinching and punching and pushing and probably a whole bunch of other stuff too (I think I saw kicking.)
On the other hand, it pretty much looks like every other fight I have ever seen. Whether it is now worth a criminal investigation is really questionable, but now that it is front page news, well we gotta have an investigation. Damn the expense there is a chance to be on a front page (or on Larry King Live.)
Now you maybe wondering why since I was quoted extensively I would be complaining. Well because the only reason anyone cares about this is because it is in the newspapers and on TV. I was shocked to see how little the interviewers (I was also vetted by CNN for their programs but I guess I wasn't willing to make enough out of it to be interesting to their viewers so they had Dr? Laura Schlessinger on to rant about our kids run amok.)
The incident does raise a lot of issues, but the least one is whether these kids need to be prosecuted. The girls have been suspended from school. This is even though the incident did not happen at their school or during school hours. It wasn't even an attack on a girl who goes to their school.
The issues I think are important are:
1. Why would they attack a girl 3 on 1?
2. Why did they film it?
3. After filming it, why did they put it up on one of their web pages?
4. What effect did reality TV playing in this?
5. What effect did violent entertainment (ie video games, TV, Movies etc)play here?
6. What if any responsibility does the hosting website have in this mess?
7. Why aren't the parents of these youngsters monitoring and editing their websites.
That kids fight, well, sadly that happens. Further it is probably age appropriate for 11-14 year olds. If I had been the principal, after I learned they had put the thing on the web, I too would have suspended the girls so that they would not be a distraction to other students. Had the item not appeared on the web and I learned of it I would have ordered peer counseling which has remarkable results on bullying, more than any other counseling I have seen in this age group when done correctly.
What makes this really scary, is the need of the girls to publically humiliate their victim, and to boast of their own violence on the Internet.
Our practice handles a lot of Internet/Cyber Crime. Up until lately that has been limited to Pornography, illegal Internet Gambling, Identity Theft, and of course Sexual Abuse. The addition of children (these are 13 and 14 year old girls) using the net to posit and boast or threaten other children is a burgeoning field. Every week we are getting more and more e-mails and phone calls about cyberstalking and calling people out.
It is in posts on My Space. It is not just on the weirdo sites anymore. It is on YouTube. There has always been a market for "backyard fighting" and such. These wilding incidents are just a push of the limits as to how far we will go to both protect the internet from censorship and to what controls we as adults will use to control our own kids.
For now, I am more a reporter of fact than I am a commentator. As a parent, and a lawyer I will tell other parents they have a right to snoop and check up on the internet use of their kids. Even so, there are limits how successful we can be. Our ability to monitor is difinitively going to be reduced as technology skyrockets. The new I-phones for example will be a huge test for us. When kids have them, even parents who are conscientious can easily loose track and control. Kids understand the technology much better than we do. These new smart phones will give kids access to the internet 24-7-365. Even the best of us cannot monitor that.
If we cannot monitor, what can we do?
*Well, for starters we can force internet companies like YouTube and My Space to take more responsiblity for monitoring their sites.
*We can to the best of our abilities monitor the sites our children use on the home or their personal computors.
*We can require the cellular phone companies provide us with detail bills of whom are children are sending text messages and MMS and other types of messages to.
*We can require e-mail to provide us with passwords to monitor our kids e-mail.
*Most importantly we can require that we talk to our kids. We need to find out if they are miffed at someone or if they are being threatened by someone. We can take phone calls from other parents who say their kid is afraid of our kids seriously. We can refuse to allow our kids to speak to us as they do thier friends. We can require civility.
*We can teach our kids about peace and love and even a higher power. We can stop eschewing formal religion and practice the ethics of the religion we adopt. We can be home when the kids get home, and we can be up and awake when they walk through the door.
Knowing that they will have to face us, and answer a host of imposing questions (like who were you with?, and where were you?, and what did you do?, etc) will be enough to slow most kids down. If nothing else, it's a start.
The topic (sadly) is a wilding incident where three young women attacked another girl for no apparent reason (evidently it had something to do with a boy.)
Though the child who got beaten was not hurt, the incident passed by every one's notice until one of the kids or their friends put it up on the Internet. It went on some one's My Space.com and now it is all over the place.
The three aggressors have been suspended from school and now they are being prosecuted. I must admit if you see the video it looks pretty violent...then again assaults always seems violent. There is hair pulling and pinching and punching and pushing and probably a whole bunch of other stuff too (I think I saw kicking.)
On the other hand, it pretty much looks like every other fight I have ever seen. Whether it is now worth a criminal investigation is really questionable, but now that it is front page news, well we gotta have an investigation. Damn the expense there is a chance to be on a front page (or on Larry King Live.)
Now you maybe wondering why since I was quoted extensively I would be complaining. Well because the only reason anyone cares about this is because it is in the newspapers and on TV. I was shocked to see how little the interviewers (I was also vetted by CNN for their programs but I guess I wasn't willing to make enough out of it to be interesting to their viewers so they had Dr? Laura Schlessinger on to rant about our kids run amok.)
The incident does raise a lot of issues, but the least one is whether these kids need to be prosecuted. The girls have been suspended from school. This is even though the incident did not happen at their school or during school hours. It wasn't even an attack on a girl who goes to their school.
The issues I think are important are:
1. Why would they attack a girl 3 on 1?
2. Why did they film it?
3. After filming it, why did they put it up on one of their web pages?
4. What effect did reality TV playing in this?
5. What effect did violent entertainment (ie video games, TV, Movies etc)play here?
6. What if any responsibility does the hosting website have in this mess?
7. Why aren't the parents of these youngsters monitoring and editing their websites.
That kids fight, well, sadly that happens. Further it is probably age appropriate for 11-14 year olds. If I had been the principal, after I learned they had put the thing on the web, I too would have suspended the girls so that they would not be a distraction to other students. Had the item not appeared on the web and I learned of it I would have ordered peer counseling which has remarkable results on bullying, more than any other counseling I have seen in this age group when done correctly.
What makes this really scary, is the need of the girls to publically humiliate their victim, and to boast of their own violence on the Internet.
Our practice handles a lot of Internet/Cyber Crime. Up until lately that has been limited to Pornography, illegal Internet Gambling, Identity Theft, and of course Sexual Abuse. The addition of children (these are 13 and 14 year old girls) using the net to posit and boast or threaten other children is a burgeoning field. Every week we are getting more and more e-mails and phone calls about cyberstalking and calling people out.
It is in posts on My Space. It is not just on the weirdo sites anymore. It is on YouTube. There has always been a market for "backyard fighting" and such. These wilding incidents are just a push of the limits as to how far we will go to both protect the internet from censorship and to what controls we as adults will use to control our own kids.
For now, I am more a reporter of fact than I am a commentator. As a parent, and a lawyer I will tell other parents they have a right to snoop and check up on the internet use of their kids. Even so, there are limits how successful we can be. Our ability to monitor is difinitively going to be reduced as technology skyrockets. The new I-phones for example will be a huge test for us. When kids have them, even parents who are conscientious can easily loose track and control. Kids understand the technology much better than we do. These new smart phones will give kids access to the internet 24-7-365. Even the best of us cannot monitor that.
If we cannot monitor, what can we do?
*Well, for starters we can force internet companies like YouTube and My Space to take more responsiblity for monitoring their sites.
*We can to the best of our abilities monitor the sites our children use on the home or their personal computors.
*We can require the cellular phone companies provide us with detail bills of whom are children are sending text messages and MMS and other types of messages to.
*We can require e-mail to provide us with passwords to monitor our kids e-mail.
*Most importantly we can require that we talk to our kids. We need to find out if they are miffed at someone or if they are being threatened by someone. We can take phone calls from other parents who say their kid is afraid of our kids seriously. We can refuse to allow our kids to speak to us as they do thier friends. We can require civility.
*We can teach our kids about peace and love and even a higher power. We can stop eschewing formal religion and practice the ethics of the religion we adopt. We can be home when the kids get home, and we can be up and awake when they walk through the door.
Knowing that they will have to face us, and answer a host of imposing questions (like who were you with?, and where were you?, and what did you do?, etc) will be enough to slow most kids down. If nothing else, it's a start.
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