The War on Cops: Blame the Courts, Not the Police.

Posted on July 26th, 2010 Tina

It is not yet August, and 94 police officers have been killed in the line of duty this year, 87 by the mid-year mark (June 30), and seven more in July.  That’s an increase of 43% since 2009.  But another fact emerging from the statistics is even more chilling: gun killings of officers have more than doubled in the last twenty-four months, rising 22% in 2008 – 2009, and a staggering 41% in 2009 – 2010.

That is an increase of 63% in just two years.

Those numbers are only fatalities.  Attempted murders — including nonfatal gunshots, stabbings, attacks with vehicles, and other aggravated assaults — aren’t counted.  In Tampa Bay, where I live, four police officers were actually shot last month, in two separate incidents in the last week of June.  Two officers survived serious gunshot wounds.  Two others, David Curtis and Jeffrey Kocab, did not.  Kocab’s wife, Sara, who was nine months pregnant with their first child when her husband was gunned down, delivered a stillborn baby a few days ago.

Then she got up the next day and went from the hospital to court to face her husband’s killer:

Profile in Courage: Sara Kocab (on the right) in Court

Over the weekend, Chicago buried the third cop ambushed in that city in recent weeks. Also over the weekend, a policeman was shot dead in Detroit, bringing the year’s total there to three.  Warnings have appeared in the Chicago media alleging that more cops will be targeted.  This is especially troubling because all the recently murdered officers were felled in surprise attacks.

Just days after [Michael] Bailey’s death, there is a new warning. The police department has acknowledged that both District 3 and District 6 in Chatham, near Officer Bailey’s home, have received phone call threats against its officers. Text messages containing the gist of the threat and a warning have been circulating among officers there.  “More police officers will be shot&gang bangers in the area are passing the word&every night they will be ambushing police in the Chatham area. Please pass along this info and please be safe,” reads one of the text messages.

Imagine the response if “gang bangers” were targeting anyone other than police.  We have come to expect this and even accept it.  The nation’s top Justice Department official, Eric Holder, has said nothing about the slaughter of cops (he is, after all, a man with a history of pushing clemency for cop killers).  The President, who singled out individual police for public excoriation, somehow can’t seem to find the time to recognize these officers’ sacrifices, even when the murdered police hailed from his own hometown and lived lives steeped in the community volunteerism the President claims to value.

Other than covering crime scenes and funerals, the media has remained almost entirely silent about the war on cops — except when they’re pointing fingers at the police.  But what’s really driving this war?  Even the most cursory survey of cop killings offers a single, extremely obvious answer: courtroom-bred, free-range, grudge-bearing recidivism.  A culture of excessively lenient sentencing emboldens thugs and is papered over by opinion-makers who wouldn’t dream of criticizing the sentencing judges or even the “gang bangers” themselves.

After all, newspaper columnists and reporters wouldn’t want to lose their all-important insider status.  Invitations dry up when you ask the wrong questions, and who wants to blame poor youth when there’s a cop, any cop at all, to finger?

So, at best, you get schizophrenic reporting, like this seemingly promising article by the Chicago Sun-Times.   The reporters flirt with a few facts but end up defaulting to a blame the cops mantra:

This is the story of why they won’t stop shooting in Chicago.  It’s told by the wounded, the accused and the officers [not so much by the officers] who were on the street during a weekend in April 2008 when 40 people were shot, seven fatally.  Two years later, the grim reality is this: Nearly all of the shooters from that weekend have escaped charges. “You don’t go to jail for shooting people,” says Dontae Gamble, who took six bullets that weekend, only to see his alleged shooter walk free.  “That’s why m————- think they can get back on the streets and kill again. You feel me?”

OK, Dontae, so there are no consequences for shooting people.  Who do we blame for this?

So far, not one accused shooter has been convicted of pulling the trigger during those deadly 59 hours from April 18-20 of that year, a Chicago Sun-Times investigation has found.  Only one suspected triggerman — a convicted armed robber caught with the AK-47 he allegedly used to blow away his boss — is in jail awaiting trial.

And why is that?  Why does it take two+ years to bring an accused killer to trial?  Might there be something wrong with the courts?

Oh goodness, no.  That couldn’t be. Or if there were, reporters couldn’t possibly investigate, because then they might not get invited to boozy lunches with important lawyers and politicians and judges.

It must be the police’s fault.  Cue, curtain left:

The Chicago Police Department’s batting average for catching shooters has fallen to an alarmingly low level. Detectives cleared 18 percent of the 1,812 non-fatal shootings last year. They were slightly better in catching killers — 30 percent of murders were cleared in 2009.  But here’s the catch: When police “clear” a case, that doesn’t always mean a suspect got convicted — or even charged.  Sometimes police seek charges against a suspect, but the state’s attorney won’t prosecute without more evidence. Other times, the shooter is dead, or the victim refuses to testify after identifying the shooter. Cops call those “exceptional” clearances.

Except . . . it’s not “cops” who make up this lingo, or this accounting system, or these statistics.  It’s not as if your front-line street cop wakes up in the morning and says, hey, here’s how I’m gonna enforce the law today.  Police brass and other political appointees, D.A.s, judges: they’re the ones who make the decisions.

But the Sun-Times reporters make it sound as if the only people with any agency, or any responsibility, in the entire justice system are the street cops.

This is the way the vast majority of reporters report crime: they simply don’t bother to look behind things like failed clearance numbers and ask why it’s so hard to satisfy the current status quo for removing known, armed, violent, recidivist felons from the streets.

They don’t bother to ask why evidence that would have sufficed for a conviction twenty years ago isn’t good enough today, or why prosecutors don’t try to bring every charge possible against known, dangerous offenders.  Reporters certainly don’t go to the guy in the black robe and ask why that convicted armed robber who “blew away his boss” with an AK-47 was out on the streets in the first place.

That type of question is considered off-limits, whereas no question about even the greenest police recruit is off-limits.

How many times do judges even have to say no-comment?  You don’t have to not comment if you don’t get asked anything in the first place.

Better to just criticize police.

The Sun-Times story continues with one “gang banger” shooting another “gang banger” who claims he’s too afraid to testify but isn’t too afraid to try to get money out of the government’s victim compensation fund.  Next, the reporter spends an inordinate amount of time following the victim around town as he pontificates against the police while bragging that he has forgiven (and refused to testify against) the thug who shot him.  After recovering from his wounds (doubtlessly on the public dime), then wasting months of police and courtroom resources, Willie Brown changed his testimony but suffered no consequences:

‘I could be Willie the Rat, but I don’t care about s— like that,” Willie Brown said while rolling a joint near Sheridan and Wilson in the Uptown neighborhood.  Brown is 28. He lives in a run-down high-rise and walks with a limp because he got shot in the leg.  He said he was a bad kid, a teenage Vice Lord and stickup man who did prison time for robbing a corner store with a toy pistol in 2003 while high on weed and angel dust. He had the munchies that day and was looking to steal “wam wams and zoom zooms” — prison talk for snacks — when a police officer saw the gun poking from Brown’s waistband and arrested him. He was paroled in 2007.

Did the reporter even bother to check Brown’s real record?  His arrest record?  Just took his word for it?

On April 18, 2008, Brown took a bullet in his upper right thigh outside 1012 W. Sunnyside. He was the 10th person to get shot on that bloody April 2008 weekend.  “That was a horrific moment,” Brown said.  He says he saw the guy who shot him.  Heck, he even talked to the alleged shooter, Darnell Robinson.  Brown was on his way to buy beer about 11:30 p.m. that Friday when Robinson and his brother stopped him in the street.  Robinson supposedly asked, “What is you?” — street slang for “What gang are you in?”  Brown said he told them about his past Vice Lords affiliation.  Robinson said he was in the “Taliban” before he started shooting, according to Brown.

Nice.  Every Chicago cop’s spouse knows that this is what their husband or wife is walking into, every day.

Police arrested Robinson, who was 31 at the time and had been behind bars for residential burglary and selling drugs. Brown identified Robinson as the shooter, and the case headed for a trial.  Robinson, who claimed he was innocent in jailhouse interviews with the Sun-Times, sat in Cook County jail for 13 months until prosecutors had to let him go because Brown changed his story several times.  Why did Brown’s story change? Because “my momma told me to,” he said.  “I did it so he could go home. I’m not no stool pigeon,” Brown said, recounting his story while scarfing down McNuggets at a McDonald’s in Uptown.  “I don’t have anything against him — it’s like he never shot me. I wouldn’t want to see the m———– sitting in jail because that [jail] is hell. I spared that dude. That’s all I did. I did it for my mom.”

How touching.  Our tax dollars support this behavior from beginning, to middle, to violent, bloody end.  This is how cops and other innocent people end up getting shot on the streets.  How about interviewing the judge or parole board officer who let Robinson go free the last time?  Brown?  How about reviewing their real records, step by expensive, bloody step through the courts?

But at least Brown screwed the system “for his mom.”  I wonder if Hallmark makes cards for that.

Brown said he sometimes bumps into Robinson on the street.  “I talked to the guy. He said he was sorry. I said, ‘Forget about it. Don’t worry about it.’ . . . I feel like I should have forgiven [him] for they know not what they do. He needs to be happy and thank God like I did. Everybody should go by that code.”  And in that moment — as Brown talked about forgiveness as his brand of nonviolent street justice — Robinson walked into the McDonald’s with two friends.  “There he is. That’s him right there!” Brown said.  The accused shooter and the victim awkwardly shook hands and hugged — each assuring the other, “We cool.”  Robinson nervously asked if reporters at the table were police officers. Robinson said repeatedly that he didn’t shoot Brown, but he wouldn’t talk more about it unless he was paid $30. Then he disappeared down Wilson Avenue, heading east toward the lake.  Brown said he and Robinson have a simple understanding: “Don’t f— with me. I won’t f— with you.”

Yes, until the next time.  Why didn’t the prosecutor go ahead with the trial anyway?  The public is sick of this.  Or throw Brown in jail alongside Robinson, for lying and changing his story, for false accusations?  How about making Brown pay for his hospital bills if he won’t cooperate with the prosecution?  Would anything short of zero tolerance guarantee that either of these felonious buffoons will live to old age, or at least not kill anyone besides themselves?  And: “forgiveness [is] his brand of nonviolent street justice”???

Among all the prayers this tableau summons, one can only pray that the reporter was attempting irony.

The newspaper article ends with another drug dealer (this one shot, self-admittedly, in a “deal gone bad”) who complains that the cops didn’t do a good enough job investigating his case (though it is a judge who dismisses the charges).  Funny how even the worst thugs know which side of the bread is buttered and kiss up to judges.

So, in the final analysis, courtroom failures don’t exist and the police are responsible for snitching, for the culture of no-snitching, for the lack of evidence, for the rejection of evidence, for being too tough, for being too weak, for responding to crimes, for not responding . . . for merely existing while some thug sits in McDonald’s stuffing his face, pontificating his views on police performance at a reporter who is hopefully just pretending to hang on his every word:

[Repeat felon and shooting victim Dontae] Gamble also said authorities should have done a better job of investigating, putting together a stronger case and getting their facts straight since a judge might not believe a guy like him.

This would be laughable if police weren’t dying.

It’s too bad the Sun-Times reporters spent all their time eliciting opinions from people like Dontae Gamble and Willie Brown instead of focusing on the one striking fact buried amidst all the street-gang high-fives and sentimentalist clap-trap, because this fact explains entirely why police are dying on Chicago’s streets and elsewhere.  It should have been the starting point for the article they should have written:

Shooting victims in Chicago are almost as likely to have a long rap sheet as the shooters. In 2008, 72 percent of murder victims and 91 percent of accused killers had arrest histories, according to police statistics.

Long rap sheets.  Recidivists all.  If 91% of accused killers in Chicago have long arrest histories, it is not the police who are to blame for their presence on the streets: it is the courts and corrections systems that repeatedly cut them breaks and cut them loose.  The recent killer of two police in Tampa had a long rap sheet, as did the man who shot the two other officers who survived, as did the man who shot another Tampa cop last year, as did all the known cop killers in Chicago, and Detroit, and in Oakland and Seattle and L.A.  And so on and on and on.

~~~

The media may have dropped the ball on the war on cops, but thanks to the internet there are other sources of information from police themselves and police-turned-bloggers.  This article, by Dave Smith at PoliceOne blog is worth a thousand afternoons with the likes of Dontae Gamble.  And this column, by Chicago Sun Times columnist Michael Sneed, counters several ill-times, ham-handed screeds by Sneed’s anti-cop colleagues at the paper.

View the original article here

Two Tampa-Area Police Dead, Two Others Wounded: It’s Time for a Citizen’s Review Panel . . . of the Courts

Posted on June 29th, 2010 Tina

The Tampa Bay area is reeling from four police shootings, two fatal, two non-fatal only because the officers were wearing bullet-proof vests.

This morning, Tampa officers Jeffrey Kocab and David Curtis were killed at a traffic stop.  David Curtis was the father of four young children.  He worked the overnight shift so he could spend more time with his children.  Jeffrey Kocab was about to become a father: he leaves behind a wife who is nine months pregnant.

Jeffrey Kocab                          David Curtis

Even in death, David Curtis is continuing to serve.  His organs are being harvested today to save the lives of people he never met.  In the next few weeks, Jeffrey Kocab’s wife will bury her young husband and give birth to his child.

~~~

Of course, the person being sought in these murders has a long record and should have been in prison:

Police said they are looking for Dontae Rashawn Morris, 24, and Cortnee’ Nicole Brantley, 22, but have not named them as suspects.  Morris was released from state prison in April after serving two years on a drug conviction in Hillsborough County, records show.  In October 2005, he was arrested by Tampa police on charges of attempted first-degree murder, aggravated battery with a firearm and robbery. He was found not guilty.

Morris spend nine months in prison, starting in 2004, for several cocaine charges.  Upon release, he was quickly re-arrested and charged with murder, aggravated battery with a firearm, and robbery.  Some judge or jury acquitted him.  Why, I wonder.  Surely, with multiple gun charges, and an attempted murder, there was evidence.  Police did manage to put him away again after the murder acquittal — on yet more drug charges accumulated over two years.  He went back to prison in 2008 and got out two months ago.

Why didn’t the murder charges stick in 2005?  Why wasn’t Morris’ cumulative — and accumulating — record considered in sentencing him?  Now two police are dead, and while it is premature to draw any conclusions, I hope the question gets asked: What happened in the courts that enabled a repeat offender, a violent gun felon, a man charged with a previous murder, to be walking the streets of Tampa last night?

[The] incident began about 2:15 a.m. when [Officer David] Curtis pulled over the Toyota, which was missing a tag, near 50th Street and 23rd Avenue, police spokeswoman Laura McElroy said. The passenger was wanted on a misdemeanor warrant out of Jacksonville for a worthless check, so Curtis called for backup and Kocab came to the scene.  Both officers were shot in the head at close range as they approached the passenger side of the Toyota. . .

Somebody in the courts, or the prosecutor’s office, or the city council, or the state legislature, needs to step up and announce a top-to bottom review of the choices made that put this killer back on the streets, not once, not twice, but three times (not counting the inevitable juvenile record).  People crawl all over themselves to create citizen review boards whenever a police officer makes any kind of mistake.  Why shouldn’t the same be done with our courts, especially when officers get killed, but also whenever someone else gets killed by a predator who should have been in prison?

Meanwhile, in Lakeland, an hour outside Tampa, two other policemen are alive today thanks only to their bulletproof vests.

Deputy Paul Fairbanks

Deputy Michael Braswell

Deputies Paul Fairbanks and Mike Braswell were shot multiple times after stopping Matthew Tutt, who is described as a “21-year old . . . with a long criminal history.”  Another repeat offender who should have been in prison.  He was killed by police at the scene, but his presence on the streets that night ought to be the subject of another citizen’s review.  The fact that, by the grace of God, the officers were saved by their vests doesn’t change the fact that Tutt tried to murder them:

Tutt fired seven times, according to the sheriff’s office. Three of those bullets hit 58-year-old Deputy Paul Fairbanks III — in the stomach, left wrist and left elbow, Judd said. Deputy Mike Braswell, 32, was hit in the right hand, twice on the chest and once in the right thigh.

Ironically, there will probably be a review of the officers’ actions in shooting Tutt.  But there will be no review of the court’s decision to allow Tutt to be out on the streets, armed and dangerous, when he might have been in prison instead.  So long as we challenge and micromanage police actions while handing out free passes to the rest of the justice system, it’s the police who will continue to suffer and die.

View the original article here

Idiocracy

Posted on June 24th, 2010 Tina

Just when you think the stupid barrel’s run dry:

Yes, that is a wanted poster inked onto the arm of defendant Tyree Gland, on trial for killing a young girl, Deandre Brown, in a drive-by shooting.

The real joke?  Our rules of evidence.  Gland’s lawyer has demanded that the tattoo be concealed from jurors because it might “unfairly prejudice” them.  In other words, it might lead jurors to believe that Gland is the type of person who puts out hits on police officers.

The judge rejected the defense’s request.  This threat against an officer of the law will not be brushed under the carpet, like so many others.

But it makes one think: how many times a day does some guilty person walk because a different judge has granted an equally inane demand to suppress facts?

View the original article here

Another Problem With Hate Crime Laws Is That They Make No Sense

Posted on July 30th, 2010 Tina

Unless, that is, you subscribe to the the notion that sticks and stones and fists and kicks don’t hurt nearly as much as name-calling.  From the N.Y. Daily News, which, like every other newspaper in the country, wouldn’t be covering this garden-variety Florida assault if it were not being labeled a hate crime:

David McKnight, 22, was playing the song “Wasted” by Gucci Mane when, he says, he was confronted by 14-year-old Joshua Lamb, WFTV.com reports.  “The argument involved the black male suspect saying, ‘You shouldn’t be listening to rap music because you’re white,’ ” said Palm Bay police spokeswoman Yvonne Martinez.  When McKnight, who is Caucasian, refused to turn off the music, Lamb and a group of friends assaulted him.  “I couldn’t get away fast enough,” McKnight told WFTV. “One of them spit on me, punched me, knocked me down … I got a couple of kicks in from a couple of them.”  McKnight told police Lamb was with at least seven others.  “I told him to drop it. I was like, ‘Just drop it, let’s go, there is eight of you and one of me. Just drop it,’ ” McKnight said. “And he says, ‘I’m not dropping anything.’ Bam! [He] punched me.”  McKnight did not retaliate and, according to the police report obtained by The Smoking Gun, he “fled before any further battery could take place.”  But WFTV reported that he suffered a swollen eye, broken toe, concussion and choke marks around his neck in the fight.

This account raises questions.  Why did the reporter use the term “didn’t retaliate” to describe a victim trying to avoid serious harm while being randomly attacked by a gang of young men?  Why was only one man charged in the assault?

It’s difficult to avoid the conclusion that Joshua Lamb was the only assailant charged because only Joshua Lamb’s assault can be “counted” as a hate crime, also that the other physical attacks on McKnight are being deemed inconsequential precisely because there’s a so-called “hate crime” to trumpet.

That’s the problem with these laws: if you insist that “hate crime” is “worse than other crime,” as our Attorney General is so fond of saying, you’re already half-way to dismissing “non-hate” acts as inconsequential.  Thanks to the existence of hate crime laws, the fact that Joshua Lamb said something stupid to a total stranger is officially of more consequence than the fact that he and a gang of his peers ambushed and punched, kicked, and choked a man, sending him to the hospital.

If Lamb had committed the same crime against a black youth, he probably would not face many consequences: the assault, severe as it was, would merely be filed away as one of the hundreds of thousands (millions?) of non-hate crime assaults that largely get dismissed by prosecutors and the juvenile courts.

If Lamb had not uttered some belligerent teenage nonsense while assaulting McKnight, the same would probably occur: a slap on the wrists in juvenile court, at the very most.  The New York Post, and virtually every other paper in America, certainly would not be reporting the story.  Lamb would not be facing prison time.

And, quite creepily, if McKnight were a female, and Lamb had attacked her while spouting sexist slurs, instead of spouting schoolyard anti-white taunts while attacking a white man, it wouldn’t count as hate . . . though if Lamb had called a male victim “bitch” while kicking him, it might count as anti-gay bias.  Hate crime laws inevitably normalize certain types of hate speech in order to promote the “principled opposition” of other types.

So we now have a legal system that — in practice — minimizes crimes like striking and kicking a person while maximizing the consequences for select types of speech.  And once you get in the practice  of deeming some types of people more important; others things naturally follow, including playing down anything done to the “less important” victims, like normalizing calling a woman “bitch” as you punch her, or normalizing black-on-black crime.

Hate crime laws actually codify prejudice.

Joshua Lamb would have faced no more than a first-degree misdemeanor charge if he had jumped McKnight without expressing his opinion of rap music first.  The maximum sentence for this crime in Florida is one year of incarceration or probation (likely the latter, at the very most).  Now he faces a possible five years in prison because of an opinion he expressed regarding rap music while incidentally beating a total stranger.

Doesn’t this simply reinforce Lamb’s perception that what he thinks about rap music is the important thing?

~~~

Wasted, by Gucci Mane, the song David McKnight was listening to when he was attacked — the song Joshua Lamb felt enough prejudice over to commit a so-called “hate crime” to defend his racial right of ownership  — is littered with hateful slurs and degrading references . . . directed at women, of course:

I don’t wear tight jeans like the white boys
But I do get wasted like the white boys
Now I’m looking for a bitch to suck dis almond joy
Said she gotta stop sucking ’cause her jaw’s sore
Gotta bitch on the couch, bitch on the floor . . .

and so on.

How unsurprising.  Good thing hating women isn’t ever hate crime.  It would simply be impossible to fit it in the headlines.

View the original article here

School Pride offers an asbestos education

As America begins to realize the staggering risks associated with asbestos exposure, an informative and inspirational response has come from an unexpected source. NBC began a primetime show this fall called School Pride, a makeover series focusing on the reconstruction of schools across America.

After the success of Extreme Makeover Home Edition, School Pride is a welcome addition to a growing list of makeover shows. Audiences have been able to watch the dramatic transitions of wardrobes, properties and relationships for several years now. School Pride offers a new educational spin on change while focusing on safety and health hazards in our nations’ school buildings.

Asbestos has been used for decades in building construction. A fire deterrent and additive for building materials, asbestos has been an integral part of shipbuilding, munitions manufacturing and other large US industries. In the nineteen eighties, however, health risks were clarified and asbestos use began to fade.

Today, the World Health Organization includes asbestos in its list of top carcinogens. The US Environmental Protection Agency has defined and described regulations or asbestos use in its Clean Air Act, which covers promoting and maintaining the quality of air in America.

However, thousands of school buildings still in use nationwide were constructed prior to qualified education or standards associated with asbestos. As these facilities receive continued wear and tear, the materials begin to break down, creating potential risks of asbestos exposure.

Asbestos fibers are responsible for many severe respiratory illnesses including asbestosis and the rare cancer mesothelioma. Once inhaled, the fibers can begin a mutation process in the lung lining or lining of other abdominal cavities that leads to mesothelioma. Mesothelioma has no known treatments and is characterized by a long latency period, often being diagnosed decades after exposure. Many believe the latency periods for patients exposed to asbestos prior to safety regulations has begun to peak.

Mesothelioma case numbers are on the rise around the world. With the number of children and faculty members moving through American schools each year, school buildings are a prime target in the fight to eliminate asbestos related diseases.

School Pride is a welcome show for anti-asbestos groups, asbestos related illness lawyers, and families concerned about their children’s exposure risks.  Viewers who have been aware of asbestos dangers are looking forward to the additional publicity and education. Many hope the School Pride hour will spark conversations to put an end to asbestos related illness all together.

This entry was posted on Wednesday, November 24th, 2010 at 6:25 AM and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.

View the original article here

The Green Mile Syndrome: David Lee Powell Was Not Innocent. His Victims Are Not Hateful.

Posted on June 23rd, 2010 Tina

Someone claiming to be cop-killer David Powell’s cousin has written me, accusing Powell’s victims and the justice system of various sins.  Unsupported allegations like these too often pass for debate over the death penalty in the mainstream media.  Therefore, it’s worth a look, though the slurs Powell’s cousin tosses at the victims ought to just be trash canned.  See here and here for my previous posts on Powell.

The writer, John Struve, makes several assertions about minutiae of the appeals process — assertions that should be taken with a very large grain of salt, for he offers no proof.  It’s not as if the courts didn’t revisit these cases in detail: that is why it took 30 years to execute Powell.  It’s not as if Struve lacks access to the court documents.  But he feels no need to back up his claims, and in this, the media has unfortunately trained him to need no proof as he says everything and anything about the case against Powell.

For, while a technical error or defense-biased evidentiary rules can blow a strong case for the prosecution, the defense suffers no consequences for repetitively and flagrantly lying.  Many activists and defense lawyers feel that such lies are an honorable act — a sort of noble rot that produces the always-desired outcome of avoiding consequences for crime.

If Mr. Struve would like to send actual documentation backing up any of his assertions here, I’ll post it.  But his claims sound like the type made loudly and repetitively — in cases like Troy Davis’ in Georgia — that lazy reporters reprint without looking into the original court records, or the prosecution arguments, or the trail of appeals.

John Struve’s letter:

You are all so short sighted. The fact still remains that the dying Ralph Ablanedo, when asked who did this, said, ” a girl” and “That damn girl.”

Powell’s female accomplice was the driver.  Powell opened fire not once, but twice on officers.  Ablenado’s dying words are being misrepresented, which is an awful thing to do.

Several officers testified at Sheila’s parole hearing in 1982 stating that she was a future danger to society and that she did all the shooting and threw the grenade. Unfortunately, this information was not released to us, the family, until 2002, and the prosecutors at that time thought it would be easier to get the death penalty for a man than a woman. He had already exhausted all of his appeals by this time.

Actually, the female accomplice testified that Powell thrust a grenade at her, but she wasn’t able to deploy it right.  I’m sure the officers testified that the she should never get out of prison.  I would be very surprised if they testified that she “did all the shooting.”  Struve appears to be accusing these police of lying in their original testimony in the Powell trial — a serious allegation.  Defamation of character is actionable.

Incidentally, if this case were tried today, changes in the law would make it easier to hold all offenders responsible for a crime in which someone is murdered.

Now a human being that had definite reasonable doubt of guilt has been murdered.

Not true.

Just like Cameron Todd Willingham.

The Powell case has nothing to do with the Willingham case.  The Willingham case, in which a man was executed for setting the fire which killed his three small children, is another cause celebré, thanks to wildly biased and strangely querulous reporting in the New Yorker.

Why is it that New Yorker editors seem to thrill at watching predators prey on the great unwashed?

Meanwhile, back in the real world, forensic scientists are revisiting the Willingham case.  But cherry-picked claims about the fire itself, which constitutes the much-publicized defense, ignores other forensic evidence and the actual testimony that put Willingham behind bars (and you can buy expert witnesses to say anything — they charge by the act, as do many professionals).

I’m not going to bother to link to anything regarding Willingham.  The local news reporting, read in total, explains the controversy.  Virtually everything else should be read with a highly critical eye.  Embarrassingly, even Wikipedia places the word “alleged” before prosecution testimony that passed courtroom muster while allowing defense testimony which failed to pass muster to be stated as fact.  Pretty unprofessional of them, but that’s typical of reporting in these cases.

It’s death by a thousand cuts for the truth. Back to John Struve:

I am 33 years old, so my cousin David had been in jail my entire life.

Officer Ablenado has been dead for the last 33 years of his sons’ lives.  Shame on Struve for attempting to insert himself into that tragedy.

Once it came to a point where justice had failed due to officer and political vengeance

Again, defamation?

that caused the truth to be buried, we realized that we needed to embrace that David was guilty of this single act.

And then there was the auto theft, petty theft, stockpiling weapons, drug dealing, over 100 bad checks — yeah, he was a boy scout carrying hand grenades and automatic rifles around in a car, serially ripping off innocent people by the scores.  Come on.

Maybe not the one who pulled the trigger, but definitely responsible as the law of parties would suggest. He took that responsibility, although up to his murder, always stated that he has no recollection of what happened that dreadfully fateful night. All we wanted was for his life to be spared. Please read his story at letdavidlive.org before jumping on the “eye for an eye” human written testament of justice bandwagon dated over 2000 years ago.

Crying “vengeance” is offensive.  Struve doesn’t know these people.

If killing 100 evil people means that even 1 is innocent, then that indicates that the entire system is dysfunctional. Just think if it were you or someone you loved that was truly innocent. Now, my only hope is that the Willingham and David’s cases serve as martyrs to help us move from the 18th century into the new world where people actually think instead of seek blood for blood. Since David was put to death, then you should

See, we are all vengeful.  Bloodthirsty.  If I had a dime for every time some bloated defense attorney wannabe accused me of wanting innocent people to suffer . . . I still wouldn’t have enough money to buy enough earplugs.

all believe that Officer Leonardo Quintana should be held to the same standards. [?]   The unredacted Key Point report specifically states that his reckless tactics were what caused the police sanctioned murder of a defenseless individual, Nathaniel Sanders III. And unlike David, he had a history of reported violations prior to committing his murder. I used to be a huge proponent of the death penalty, but as I go through life, as I probably would have felt during the Spanish Inquisition, I question the tactics that we, as a society, use to punish individuals for acts of behavior “outside” that of what is considered the norm.

Behavior “outside” that of what is considered to norm? Is Struve equating blowing away an innocent public servant and trying to murder several others (whom Powell shot at, and missed) with, say, changing radio stations or hairstyles?

My brother is a Texas State Trooper. If he were killed in the line of duty or otherwise, I would not want the death penalty for the accused. If he were to murder someone on the taxpayer’s dime or not, I would not want him to receive the death penalty. Now we mourn. Next we move forward with our efforts to abolish the death penalty 1st in Texas, then in the entire United States. NOTE: What do you do when it is later found out that someone WE executed is found to be innocent? Go to their grave and pour some Mickey’s on it?

Nice.  Struve places his feelings above the officer’s family’s, makes himself the center of attention, accuses the real victims of heinous, animalistic rage, defames scores of police officers, and then accuses society of failing to live up to his standards of morality.  So much of this activism is a sickness, parading around as morality.

I wonder if this John Struve is the same person who sent me an anonymous e-mail celebrating the recent murder of Chicago Officer Thomas Wortham?  The sentiment sounds similar.

I welcome any suggestions for identifying anonymous e-mails.

~~~

You don’t have to support the death penalty (I don’t) to be disgusted by what passes for activism and reporting on death row cases.  An enormous, fact-free myth system has been built up around allegations that innocent men fill our prisons and molder nobly on death row.  This “Green Mile” syndrome, indulged by politicians and priests and professors — and more journalists than you could shake a forest of redwoods at — well, it has consequences.  It abuses the real victims, because they are falsely accused of everything from ransacking the justice system to being simply evil.

Careless reporting gives careless people free reign.

Consider the Troy Davis case. It has also become a cause celebré.  The Atlanta Journal Constitution has reported ceaselessly on the activism for Davis and editorially advocated for him.  Yet, nowhere in their reporting (unless there are articles that have never appeared on-line) have they bothered to mention the subject of forensic evidence withheld by the original trial court on a technicality, evidence that strongly supports Davis’ guilt.  Nor have they addressed the case made by prosecutors who were (quite unusually) freed up to discuss evidence against Davis after the Supreme Court made an unusual decision to revisit that evidence.

Nor have they mentioned efforts by Davis’ lawyers to keep physical evidence from being considered as the case gets revisited, thanks to the Supreme Court’s actions.  No, you couldn’t possibly trust the public with information about the real issues at stake in the Davis case, and other death row appeals.  Atlanta readers — by far the largest audience of Davis supporters — know nothing of any of this, unless they read Savannah papers:

Black shorts evidence:  After months of wrangling over evidence and legal issues, attorneys for the state’s attorney general’s office last week asked permission to submit Georgia Bureau of Investigation reports concerning “blood examination on pair of black shorts recovered from (Davis’) mother’s home on Aug. 19, 1989.”  They also asked to submit a report of DNA typing of the item.  Davis’ lawyers cried foul, urging Moore not to allow the evidence which they called “untimely” and “of questionable probative value.”  They argued it would “clearly prejudice” (Davis’) ability to rebut the contents of the report.  The jury hearing Davis’ 1991 trial never heard about the shorts after Chatham County Superior Court Judge James W. Head barred them from evidence because of what he found was police coercion of Davis’ mother, Virginia Davis, when she arrived near her Sylvester Drive home Aug. 19, 1989.  Police seized the shorts from a dryer while searching for the murder weapon.

And this must-read from the Chatham County D.A., published last year in the Savannah Morning News:

Chatham County’s district attorney explains why he’s not concerned that an innocent man may be put to death.

Many people are concerned that an innocent man is about to be put to death. I know this, and I understand it. I am not likewise concerned, however, and I want to explain why.

The only information the public has had in the 17 years since Troy Davis’ conviction has been generated by people ideologically opposed to the death penalty, regardless of the guilt or innocence of the accused.

While they have shouted, we have been silent. The canons of legal ethics prohibit a lawyer – prosecutor and defense counsel alike – from commenting publicly, or engineering public comments, on the issue of guilt or innocence in a pending criminal case.

Now that the U.S. Supreme Court has ruled, the case is over, and I can try to tell our side.

First , Davis’ advocates have insisted that there was no physical evidence in the case. This is not true.

Crime lab tests proved that the shell casings recovered from the shooting of Michael Cooper at a party earlier in the evening were fired from the same weapon as the casings recovered from the scene of Officer Mark MacPhail’s murder. Davis was convicted of shooting Cooper.

And, while it isn’t physical evidence, consider the “testimony” of Officer MacPhail himself: When he comes to the rescue of a homeless man being harassed and pistol-whipped, the officer ran past Sylvester Coles on his way to catch Davis. This makes Davis the only one of those two with a motive to shoot Officer MacPhail. Yet Davis’ lawyers argue to condemn Coles for shooting MacPhail. Why would he?

In fact, Davis’ advocates are eager to condemn Coles based on evidence far weaker than their characterization of the evidence against Davis. Where is their sense of fairness? This is the same Sylvester Coles who promptly presented himself to police, and who was advised by counsel to tell all that he knew – with his lawyer not even present. Which he did. No lawyer who even faintly suspects a client of criminal conduct would let him talk to the police without counsel.

Second , they claim that seven of nine witnesses have recanted their trial testimony. This is not believable.

To be sure, they’ve produced affidavits; a few handwritten and apparently voluntarily and spontaneous, except for concluding with “further the affiant sayeth not.” Who wrote that stuff? The lawyers, perhaps?

The law is understandably skeptical of post-trial “newly-discovered evidence.”

Such evidence as these affidavits might, for example, be paid for, or coerced, or the product of fading memory.

If every verdict could be set aside by the casual acceptance of a witness’s changing his mind or suggesting uncertainty, decades after the event, it is easy to see how many cases would have to be tried at least twice (perhaps ad infinitum).

Thus the law sets strict standards for such “newly discovered” evidence.

For example, it cannot be for a lack of diligence that the new evidence was not discovered sooner, and the defendant is expected to present that evidence at the earliest possible time.

Yet these affidavits were not offered in a motion for new trial until eight days before the first scheduled execution in 2008 seventeen years after Davis’ conviction. If this affidavit evidence was so compelling, why didn’t they rush to seek a new trial in 2003 when they had most of the affidavits they now rely upon? Or collect those affidavits earlier?

Each of the now-”recanting” witnesses was closely questioned at trial by lawyers representing Davis, specifically on the question whether they were in any way pressured or coerced by police in giving their statements or testimony. All denied it.

And while an 80 percent recantation rate – the first in the history of the world ? – may seem to some as overwhelmingly persuasive, to others of us it invites a suggestion of uncanny coincidence, making it very difficult to believe.

Third , they claim that their “newly discovered evidence” (i.e., the recantations) hasn’t been adequately considered by the courts. This is not true.

The affidavits, in various combinations, had already been reviewed by 29 judges in seven different types of review, over the course of 17 years, before Tuesday’s ruling by the U.S. Supreme Court.

The state Parole Board halted the execution in 2007, saying they wouldn’t allow a possibly innocent man to be executed. Then, after more than a year of reviewing all of the evidence on both sides, and hearing from every witness Davis’ lawyers presented – including Davis – they refused to grant clemency.

The trial was fair. Davis was represented by superbly skilled criminal defense lawyers. He was convicted by a fair jury (seven black and five white). The post conviction stridency we’ve seen has been much about the death penalty and little about Troy Davis.

The jury found that Davis, after shooting another man earlier in the evening, murdered a police officer who came to the rescue of a homeless man Davis had beaten. Mark MacPhail had never even drawn his weapon.

A more complete discussion of these – and other – points can be found at Chathamcounty.org/vwap/html [link gone]
Spencer Lawton Jr. is Chatham County District Attorney.

Why would the AJC be so coy, essentially misleading an audience of millions on crucial elements of physical evidence in a controversial case?  Because what they are doing is not reporting: it is advocating for Davis.  Ditto Davis supporters like the Pope, Bob Barr, Jimmy Carter and Desmond Tutu — none of whom, I’m sure, bothered to reach out to Officer MacPhail’s family.

As I’ve said before, oppose the death penalty on grounds of universal ethics, or opposition to state-administered death, but when you make a faux hero out of a murderous, worthless criminal like Troy Davis, you are doing so at the cost of the humanity and dignity of the real victims.

Slain Officer Mark Allen MacPhail’s Children

Officer Mark Allen MacPhail’s Website

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Burglary is Not a Non-Violent Crime: In Oakland, It Isn’t Even a Crime

Posted on July 27th, 2010 Tina

Well, OK, that’s not exactly true. But in July, Oakland police announced that, due to budget problems, police will no longer respond to a long list of crimes, including residential burglary where the home invaders are unknown.

I’m sure it didn’t help that the city had to spend so much money responding to the recent liberation of sports shoes and consumer electronics in the name of Oscar Grant.

Shoe Locker Looter Wearing an Oscar Grant Mask

That’s a lot of money that could be spent on doing things like protecting people’s property, going instead to prevent protesters from destroying even more Mom and Pop franchises and delis and phone kiosks and other symbols of oppression.

Maybe there should be an enhanced penalty for premeditated rioting.

Meanwhile, want to train to become a burglar?  Move to Oakland.  Though I don’t recommend living there, because home insurance rates are about to shoot up.  For everyone, of course, not just burglars and looters.  Funny how that works.

I spent way too much time yesterday fruitlessly searching for a comment I’d seen on a police blog, one that perfectly sums up the dangers of lowering the bar on criminal behavior this way.  The commenter, a cop himself, was writing about the war on cops.  He pointed out that virtually every cop killer has repeatedly cycled through the court system, learning along the way that he could get away with practically anything.

Even more troubling, the widespread belief that so-called non-violent crimes like drug trafficking and residential burglary don’t merit prison terms is creating a generation of criminals who not only have no fear of consequences but actually feel entitled to commit crimes.  Whenever they find naive people to support them in their belief in these “rights,” they also feel more entitled to direct their resentment and rage at symbols of law enforcement, namely cops.

We should not underestimate the perniciousness of reinforcing the notion that it is “unjust” to punish people for things like breaking into other people’s houses.

Oakland has actually codified that mindset.

These trends are especially dangerous for women. Back when Georgia was implementing its DNA database by collecting DNA from all felons, not just sex offenders, something really shocking showed up in the first few hundred “hits” (where a felon’s sample matched previously unsolved crimes).  Many men who only had prior records for burglary or drugs or aggravated assault were identified as rapists in stranger rapes that had gone unsolved.

That begs a few questions, questions which, sadly, law professors and criminologists are utterly disinterested in asking.  Too bad, because they’re extremely relevant in the ongoing debate about prosecuting or not prosecuting certain crimes and how we choose to spend our shrinking justice budgets.

For example, how many of these men were previously caught committing rapes but were granted non-sex offense pleas by money-conscious prosecutors who didn’t think they could get rape charges to stick?  In one of his several trips to prison, my own rapist got more time for resisting arrest and B&E than for sexually assaulting another victim — more time for breaking into a window than a woman’s body — thanks to one such money-saving plea.  I’ve got a file cabinet stuffed with other examples of serial rapists — and serial killers — given multiple chances to rape and kill, thanks to routine, money-saving courtroom shortcuts.

They don’t call them “bargains” for nothing.  These types of offenders also now have enhanced abilities to do pre-assault dry runs in Oakland and other places that are ratcheting back law enforcement.

Now, with less enforcement of these lesser crimes, more serious offenders stand to get away with even higher quantities of violent crime.  A sex offender operating in Oakland can rest confident knowing that the police won’t be showing up to investigate his fishing expeditions.  Does anybody believe the that the tiny fraction of burglars who end up in a courtroom in Oakland won’t benefit from the downgrading of this crime?

And what is happening in Oakland is the future for everyone, the logical consequence of decades of pricing justice out of reach — for us non-offenders, that is.  We spend so much on largely useless “rehabilitation” and frivolous appeals that there is no money left to actually enforce the law.  This is how violent recidivists are made, and how cops get killed, and why the rest of us are forced to spend more and more of our money insuring our lives and looking over our shoulders.

In the 1990’s, elected officials were able to turn New York City around by doing precisely the opposite of what Oakland is doing today.  Expect opposite results, as well.

View the original article here

Cop-Killers, Neil Boortz, and, Thank God for the Roberts Court

I get a lot of angry mail from people who are shocked and offended that anybody would deign to advocate for locking criminals up.  You know, using words.

Most of this mail is weirdly personal and tendentiously riffs on a few themes:

I’m for enforcing the law, so I must want innocent people to rot in jail.I’m for locking up predators and thugs, so I must be a vengeful person who daydreams of pulling the switch on fuzzy puppies and other living things.I must hate men, or minorities, or human beings in general, or myself in particular.Furthermore, since I was a crime victim once, I cannot be trusted to express any opinion about the justice system, so I should just shut up, or dedicate myself to apologizing for existing, or make amends for existing by pretending to teach pretend literacy at some pretend prisoner education program.

My favorite angry letter was a recent screed from one of the many registered sex offenders who contact me whenever I write about . . . sex offender registration.  They have an on-line club or something, and there’s a big sign nailed to the door with my name crudely painted beneath a skull and crossbones.

So this sex offender guy writes to tell me that he is “ashamed” of me.  He says that I am a symptom of “a broken education system” because I have PhD. but my ideas suck and I should try to think harder (he clearly doesn’t know much about graduate schools).

He gave me a lot of advice about improving myself.  It’s nice to know that people care.

My least favorite letter arrived from a Ron Paul supporter in Colorado who wrote that he loves to hear about police officers getting killed because they don’t deserve to live.  He was writing in response to a post about several officers killed recently in the line of duty, including two young men killed in front of, or near, their own fathers, who are themselves cops.  None of this moved the letter-writer:

Cops ARE assholes, no doubt about it.  And IT IS ALWAYS a good thing when they get blown away. . . I’m fairly certain most assaults are carried out by police officers.  They are scum of the earth not by coincidence . . . only assholes apply to be cops.

And so on.  There was a lot more of it, fringy, pot-addled, paranoid, extremist rantings to be sure.  But far too many non-extreme people also feel far too comfortable treating cops like they are expendable, or inhuman, these days.

I don’t think the average person could endure very much of the crap that police must endure in their daily soak in the waters of whiny –and yet potentially deadly — criminality.  Imagine having to spend ten or twelve hours a day, every workday, stuck with that irritating, whacked out, stinky, unpredictable guy you avoided on the train this morning . . . and twenty more like him . . . all the while being brow-beaten by a bunch of self-important “criminal defenders” who fancy themselves Atticus Finch while playing a rigged system that flushes violent men back out onto the streets the moment you arrest them.

~~~

Which brings me to Neil Boortz’s unfortunate column in the Atlanta Journal Constitution today. I like Neil Boortz, not sycophantically, but I’ve listened to him on the radio for some twenty years, and he’s one libertarian who doesn’t irritate like most people who subscribe to the weird church of libertarianism (aka — Of course everyone should build their own personal highways to get to work because that’s far better than government taking your money to build highways for everyone).

He, and I, and my sex offender pen pal all feel the same way about the blighted state of education these days, for example.

But today, Boortz published one of those non-argument arguments in defense of the existence of defense attorneys, as if anyone really thinks they shouldn’t exist.  And, quite unfortunately, to illustrate his example of why society (allegedly) doesn’t appreciate defense attorneys enough as they valiantly defend us against the rampant false accusations imposed by the blue meanie police state, he jokingly mentioned the horrific case of Larry Davis (aka Adam Abdul-Hakeem), which ought to instead be remembered as a watershed injustice of the degree of the un-prosecuted murder of Emmett Till or the un-prosecuted murders of James Chaney, Andrew Goodman, and Michael Schwerner.

Only, it was cops who got shot.  Six cops and at least four other men who Davis likely assassinated.  The police were risking their lives trying to arrest Davis when he shot them.  And then, in just one of the innumerable injustices that made much of the late Sixties to early Nineties such a bloodbath, defense attorney William Kunstler not only got Larry Davis off on multiple murder charges and the shooting of six cops but degraded the victims by making Davis a cultural hero — not using superior wit and legal skills, as Boortz implies, but by exploiting a twisted system of government protection that no libertarian should espouse.

Here is Boortz, describing the trial:

Davis hires William Kunstler who, in his closing argument at trial, tells the jury that if they don’t acquit Davis of these murder charges they will one day wake up at 3 a.m. — screaming. Larry Davis kills [sic] six police officers; Kunstler gets him off. Davis goes on to become known as “Hood Hero,” and later as Adam Abdul-Hakeem. Quite a guy. Eventually, as you would expect, the Hood Hero murdered again, and this time was convicted. The prosecutors got it right the second time.

How does Boortz know the prosecutors “got it wrong” the first time?  He doesn’t even barely get the facts straight.  The police weren’t killed, for instance, though several were badly wounded.  The rest of the editorial is a similar flight of fancy: set up defense attorneys as misunderstood victims of society, then praise them for standing up to a government hell-bent on framing and convicting perfectly innocent people for some unknown reason:

The question is not whether or not you did it; it’s whether or not the government can prove you did it.  Trust me, you don’t want to live in a country where your life, liberty or property can be taken away because of political whim or the passions of the majority.

Never mind that six innocent public servants got shot trying to protect the life, liberty and property of people who went on to make a hero of the unrepentant shooter.

Never mind that Kunstler used both politics and passions — pure mob mentality — to win his cases in the highly politicized courts of his era.

Never mind that he valued some types of people over others.  That he unabashedly celebrated the murder of people who were cops.  That he defended leftist and Muslim terrorists while heaping contempt on the “life, liberty and property” of ordinary citizens.  That he refused to defend people whose politics clashed with his own, while pretending to stand for transcendent legal values.

That’s why people hated him, not because he was a defense attorney.

But here is the part of Boortz’ editorial that really makes no sense, coming from a libertarian: William Kunstler was actually for big government standing between jurors and the facts of any case.  He believed the people could not be trusted with the truth, and he shamelessly used an activist system of technicalities to get brutal killers off free — free to deprive other people of their rights.

Above all else, Kunstler represented a system of increasing bureaucratic intrusion into the justice system, not the defense of the boring little people from state power.

~~~

In any case, William Kunstler is dead and buried, and the little people have been winning real victories recently. In a little-noticed trend, the Roberts court has begun to chip away at excessive Kunstler-era exclusionary rules that keep evidence from being heard and considered.  Of course, news organs like the New York Times don’t like this provide jurors and judges with actual evidence and trust their judgment thing, but it is a sign of balance returning to a system in which defense attorneys — you know, those under-appreciated freedom fighters — have managed to tilt the playing field for far too long.

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Mesothelioma Court Case Settlements

mesothelioma court case settlements

If you are already involved in a mesothelioma lawsuit, your lawyer may be advising you to go for a settlement rather than waiting for your day in court. Alternatively, you may be going through the process of choosing a mesothelioma lawyer, and need some more information about your options. What exactly is a settlement, and why would you want one?

What is a Settlement?

In legal terms, this word most commonly refers to situations in which the plaintiff and the defendant agree to resolve the case out of court-either before the trial begins, or during the trial itself. This resolution is made without the help of the courts-a judge does order that a settlement should be reached, and cannot prevent the parties involved from agreeing to settle. Whether or not to agree to a settlement is a decision made by the plaintiff and the defendant involved in a lawsuit.

Why should you settle out of Court?

Your lawyer may advise you that settling your case out of court is the best option for a variety of reasons. They may, for example, feel that your case is not strong enough for you to win a lawsuit that is decided in court. This might happen if you are missing some vital information that means the lawsuit may not be decided in your favor.

Alternatively, you yourself may decide that a settlement is the best option for you-if you would like to get the case resolved more quickly, or if you do not want to put yourself through the stress of going to court.

Another point to consider is simply whether or not it is practical for you to settle rather than waiting through what might be a long, drawn-out court case. Mesothelioma is a devastating form of cancer, and the majority of people with this type of cancer have between one and five years to live after diagnosis, depending on how far advanced their disease is. This means that resolving a lawsuit quickly is often an important factor in deciding whether or not to settle. This is particularly true due to the fact that mesothelioma treatments are expensive, and many people with the disease require ongoing at-home care in addition to treatment. For some people, delaying the resolution of a lawsuit means they may be deprived of care and treatment that might prolong their lives-in such cases, it may be in the best interests of the patient to reach a settlement quickly so that they can get the treatment they need.

None of this means that you absolutely must settle-it does, however, mean that choosing whether or not to accept a settlement requires some careful thought, and discussion with your doctors as well as with your lawyer.

What else should you know about Settlements?

The majority of mesothelioma lawsuits are settled out of court. The dangers of asbestos exposure are very well-known, and there have been many, many lawsuits of this kind. For this reason, most companies are willing to agree to a settlement if you have a valid claim that can prove the responsibility of the company.

One factor to consider is that when you agree to settle, you may receive less compensation than you might if you won your case in court, mainly because you are likely to receive more "damages" money from a court decision than a settlement. The compensation you receive will typically depend on a variety of factors, including how much damage you have suffered as a result of the disease, the expenses involved in your care and treatment, how much income you have lost, and how responsible the defendant is proven to be in your case. The size of the settlement may also depend on the current political climate and the laws in the state where your lawsuit was filed, as well as previous results of settlements and trial verdicts.

When you agree to a settlement, you are effectively agreeing to forgo your right to sue in exchange for a guaranteed outcome. This is another reason why a settlement may be considered a desirable option, even though a smaller amount of compensation might be received-although juries tend to be sympathetic to the plaintiff in mesothelioma lawsuits, there is still no guarantee that the case will be decided in your favor. By agreeing to settle out of court, you are exchanging an uncertain outcome for one which is guaranteed according to the terms of the settlement.

About the Author

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

Mesothelioma Legal Settlements
This entry was posted on Friday, November 26th, 2010 at 10:02 am and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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Mesothelioma Consultation

mesothelioma consultation

Mesothelioma is a very rare kind of tumor that develops in the mesothelium - a membrane that surrounds the chest cavity, the cavity around the heart, as well as the abdominal cavity. The job of the mesothelium is also to protect nearly all of the body's internal organs. Mesothelioma can be benign and although it impacts the effectiveness of the internal organs, the tumor mass can be surgically removed. On the other hand, cancerous mesothelioma usually develops through the exposure to asbestos and over 3000 Americans die from this disease every year. According to mesothelioma doctors, the death rate for mesothelioma will peak within a decade, with a 3-1 ration between men and women who contract the disease.

Anybody who was ever employed in the construction industry where asbestos was used, or within any industry for that matter where they were exposed to this product should seriously consider consulting with a mesothelioma doctor. Even if patients do not display any of the typical symptoms of problems related to asbestos exposure, they should realize that many of these symptoms would only develop decades after exposure.

The initial diagnosis of the disease may or may not be through mesothelioma doctors. If patients are suffering from lung or abdominal problems, they might first consult with an ordinary doctor who looks through his or her past and finds the link between the complaints and asbestos. The doctors will look for telltale signs such as work history, facial and neck swelling, high levels of CEA in the lungs, and others. A biopsy will be required to confirm a mesothelioma diagnosis and once this is confirmed, the patient's next step is to find the best mesothelioma doctor available.

Mesothelioma is a rare condition and only doctors who are familiar with asbestos related diseases can give patients the best treatment available. An early diagnosis is very important as the disease spreads rapidly and patients should feel very comfortable with their treating physicians.

To find the best mesothelioma doctors around, patients should consider contacting hospitals or treatment centers that deal with lung disease. Ideally, these institutions will do regular research relating to mesothelioma and the doctor will specialize in this field. New developments are taking place in the medical industry every day and any good mesothelioma doctor will be aware of these new trends and treatments. While some patients are told that there is no cure for the disease, many are finding answers with some of the best mesothelioma doctors out there who manage to keep abreast with current research.

About the Author

Nick Johnson is a lead counsel with Johnson Law Group, a law firm with principal offices located in Houston, Texas. Mr. Johnson specializes in representing cases involving mesothelioma. Contact Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

Mesothelioma Treatment is Costly Kazan Consultation is Free

Tags: accident, asbestos, attorney, chicago,, construction

This entry was posted on Friday, November 26th, 2010 at 9:53 am and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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Study shows palliative care extends survival

The New England Journal of Medicine recently published a report composed by researchers at the Massachusetts General Hospital which advocated palliative care treatment as a method of survival extension. The study, lead by Dr. Jennifer Temel, stated that “integrating palliative care early in the treatment of patients with advanced lung cancer not only improved their mood and quality of life, it also extended their lives.”

Dr. Temel believes that similar studies in other care facilities could help doctors to better understand the potential roles for palliative care regimens in many types of cancer, including mesothelioma.

Pleural mesothelioma, a rapidly progressing and aggressive cancer of the lining of the lung is almost always caused by exposure to asbestos fibers. While the disease is relatively rare in comparison to other common health issues, it affects the families of some three thousand Americans each year. Mesothelioma is a terminal cancer with a prognosis which rarely exceeds eighteen months of survival. As such, the vast majority of mesothelioma patients receive primarily palliative care.

Palliative care refers to treatment methods aimed at increasing patient comfort without attacking the cancer itself. Often, mesothelioma patients are too weak to survive radical treatments intended to injure or eradicate malignant tumors. Additionally, the aggressive, recurring nature of the cancer has proven incredibly resistant to curative treatment approaches. In most cases a combination of surgery, chemotherapy and radiotherapy are used to control pain, stop bleeding, reduce swelling, and destroy malignant tissues responsible for discomfort. Palliative care works to improve a patient’s quality of life, and to ensure comfortable end of life care.

Massachusetts General Hospital Center for Thoracic Cancer specializes in palliative care treatments. The center delivers “individualized, compassionate care and the most advanced treatments for patients with thoracic cancers,” which include thymoma, lung cancer, esophageal cancer and mesothelioma among others. Massachusetts General Hospital staff are renowned for their exceptional care of both mesothelioma and lung care patients. Dr. Temel’s recent contribution to The New England Journal of Medicine contends that palliative care may provide more complicated benefits than previously believed.

This entry was posted on Thursday, October 7th, 2010 at 4:26 AM and is filed under News. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.

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Fire at Remington Arms Plant in Connecticut May Reveal Asbestos

Mesothelioma Law Blog: Fire at Remington Arms Plant in Connecticut May Reveal Asbestos Mesothelioma Law Blog« Mesothelioma Cancer Causing Asbestos Uncovered in 7 Virginia Beach Schools |Main| Study suggests radical surgeries produce better results »

Fire at Remington Arms Plant in Connecticut May Reveal Asbestos A weekend fire at the Remington Arms plant in Bridgeport razed three buildings which are suspected by fire officials of containing asbestos.

The fire took four ladder companies, six (fire) engine companies, and five hours to knock back. Until the flames were extinguished, black, oily smoke clouded the sky – the result of machines used to manufacture ammunition which, during their lifetime, coated the floorboards of the three buildings with oil.

Beginning life as the Union Metallic Cartridge Company, the building – which went up in 1867, and was added to many times after – likely contains a number of toxic ingredients besides asbestos, but the asbestos is the most disconcerting to the firemen who fought the fire and the Bridgeport residents who breathed the smoky air on Saturday, August 28.

Asbestos was a very common ingredient in any number of building products during most of the last century, up to about the mid-1970s. Contained in drywall, drywall patching compound, wall insulation, pipe insulation, sheet and tile flooring and flooring glues, the product was valued for both its insulative qualities and its resistance to chemical degradation.

That value fell, however, when health officials, manufacturers and government officials all began to observe a trend of asbestos-related diseases emerging in the public sector, most notably mesothelioma.

Mesothelioma, a cancer of the mesothelial tissues that surround and protect the lungs, heart and abdominal organs, occurs most often as pleural mesothelioma (in the lungs). After a long period of dormancy, which can extend to as much as half a century, mesothelial cancer becomes highly aggressive, forcing doctors to deliver prognoses that offer patients little more than a year to live.

There is no cure, and palliative, mainstream treatments like surgery, radiation and chemotherapy – used separately or in combination to reduce pain and improve breathing – do not extend lifetimes by more than a few months. In fact, many mesothelioma sufferers are so debilitated, by the time they are diagnosed, that many doctors fear using any mainstream treatment, and patients will often opt for peripheral therapies like aromatherapy, acupuncture and massage.

Fortunately, no one was injured in the Remington Arms fire, but the U.S. Environmental Protection Agency (EPA) and the Connecticut Department of Environmental Protection (DEP) have been to the site conducting air quality tests to determine if asbestos has been released, and how much.

The cause of last week’s fire, like others in the past, is suspected as arson, since the buildings in question have been vacant for quite a long time. The three buildings now being demolished as a result are only part of a larger complex.

The city estimates the cost of cleanup at about $11 million, though no one has specified whether this includes asbestos remediation. The buildings’ former owner, according to city officials, currently owes millions of dollars in unpaid taxes.

According to Bridgeport Mayor Bill Finch, who described the buildings as a public health hazard, his administration has been “aggressively pursuing” the buildings’ owner to pay taxes and fund building demolition.

Remington, a private company, is the oldest company in the U.S., and has headquarters in Madison, North Carolina. In 2009, Remington became a subsidiary of Freedom Group, which was taken public by investment firm Cerberus Capital Management.

SourceSeptember 11, 2010 in Asbestos | Permalink

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November 2010SunMonTueWedThuFriSat 123456789101112131415161718192021222324252627282930    Recent PostsN.Y.'s high court tosses asbestos suitMesothelioma Cases Rising in the United KingdomDisagreement over the use of surgery to treat mesothelioma patientsAsbestos group wants research not reviewMesothelioma Testing May Predict Cancer Development and Improve Prevention EffortsMesothelioma Treatment Improved with the Addition of Tomudex to Cisplatin TherapyFemale Mesothelioma Patients Live Longer After Surgery Test May Detect MesotheliomaStudy suggests radical surgeries produce better resultsFire at Remington Arms Plant in Connecticut May Reveal Asbestos CategoriesAnti Cancer TreatmentAsbestosAsbestos BillsAsbestos CasesAsbestos CleanupAsbestos CompensationAsbestos DangersAsbestos DeathsAsbestos in the WorkplaceAsbestos SettlementsAsbestos WisconsinColorado MesotheliomaConnecticut AsbestosCrocidolite AsbestosDetecting MesotheliomaErie County AsbestosFight Against CancerFiji AsbestosGeneral Mesothelioma NewsGeorgie AsbestosIllinois AsbestosLegal QuestionsLegal RightsLondon AsbestosMaryland AsbestosMasschusetts AsbestosMesotheliom ResearchMesothelioma AnswersMesothelioma CancerMesothelioma CasesMesothelioma CompensationMesothelioma LawMesothelioma law verdictsMesothelioma LawyerMesothelioma LawyersMesothelioma Legal NewsMesothelioma SettlementsMesothelioma StoriesMesothelioma Treatment OptionsMinnesota Minnesota MesotheliomaMissouri AsbestosNew Jersey MesotheliomaNew York AsbestosOhio ResearchPitsburgh MesotheliomaPreventing MesotheliomaSouth Carolina MesotheliomaTelomerase Gene SequenceTennessee MesotheliomaTexas Mesothelioma AttorneysUK AsbestosUncategorizedUnderstanding MesotheliomaVermont AsbestosVermont Asbestos LawVirginia AsbestosMesothelioma News From Topix.netBlog Created ByLawyers CourtOther Legal BlogsDUI SarasotaKent Washington Personal InjuryRenton Personal InjuryLynnwood Personal InjuryBellevue Personal InjuryEverett Personal Injury LawyerCriminal Tax BlogSecurities Law NewsSacramento DUI LawTax Litigation BlogSearch Engine BlogsExecutive SEO MarketingSearch Engine WatchSearch Engine LowdownGoogle BlogYahoo Search BlogSEARCH MARKETING NEWSSubscribe to this blog's feedAdd me to your TypePad People listOther Legal SitesChicago Medical MalpracticeClearwater DUI AttorneyKirkland Personal Injury LawyerChicago Personal InjuryPolk County Drunk Driving LawyersOrlando DUI Law FirmWashington Auto Accident AttorneysRenton Family LawyersFort Wayne Slip & FallDUI ExpungementDeer Park LawyerChicago LawyersSecurities Arbitration AttorneysMinnesota LawyersPalm Springs DUIChicago AttorneysIllinois Tax AttorneyChicago Securities LawSeattle Car Accident LawyerChicago Illinois AttorneyNew York Construction LawyerChicago Shareholder DisputesCalifornia DUI LawyersIllinois Antitrust LawyersWashington Accident AttorneySeattle Personal InjuryChicago Eminent DomainChicago Corporate LawyersPortland Real Estate LawIowa Injury LawyersChicago Business LawLegal DirectoryChicago Securities LawyerChicago Wills AttorneyChicago Probate LawyersChicago LawyersLegal News FeedsLaw Firm ConsultantChicago Tax LawyersAttorney SEOOther SitesChicago Gutter CleaningHospitality TrainingCredit InsuranceSun ProtectionChicago Career CoachWest Palm Beach BankJackson Hole ContractorsBoston LimousinesSun HatsChicago Web DesignArchivesNovember 2010October 2010September 2010August 2010July 2010June 2010May 2010April 2010March 2010February 2010More...

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Hepatic Mesothelioma

hepatic mesothelioma

Cancer is a disease in which the body cells grow uncontrollably because their normal regulatory mechanisms have been damaged. There are literally hundreds of different types and subtypes of cancer however the majority form solid tumours in specific areas of the body. The most common cancers are skin cancer, breast cancer, lung cancer, bowel cancer and prostate cancer. Unfortunately the disease is very proficient at spreading through the blood and the lymphatic system and so in advanced cancer cases it is not uncommon to see secondary tumours in far off areas of the body.

The Genetics of Cancer

One of the most important breakthroughs in cancer research came in the late 1970s when scientists discovered that all types of cancer begin with the genetic material within normal body cells becoming damaged. Every cell contains genetic information in the form of more than 90,000 pairs of genes which work together to control the activities of the cell. A cell can become cancerous when specific genes, such as those that control division, become damaged beyond repair. How and why genes become damaged is still a hot topic for research however it would seem that faulty genes are either inherited or they are caused by carcinogens (cancer-causing agents), for example sunlight and cigarette smoke.

Our body cells are continually exposed to carcinogens however in the majority of cases cancer doesn't develop. There are a number of reasons why this is so, for example:

· Cells can normally repair their own damaged genes so that they continue to function properly. · More than one gene has to be damaged in order for cancer to develop.
· The body's immune system can normally kill any cancer cells before they get the chance to multiply and form a tumour.

The Causes of Cancer

Although most cancers appear to be caused by several factors, including genetic/inherited ones, a main environmental cause can often be identified for a particular cancer i.e. smoking cigarettes is commonly associated with lung cancer.

Approximately 35% of stomach cancer and prostate cancer cases are related to diets of unhealthy foods with little or no fresh fruit and vegetables. 30% of lung, breast, colon, cervical and throat cancers are related to tobacco products such as cigarettes and cigars. 10% of skin cancer cases are related to the sun and UV rays. 7% of lymphoma, leukaemia, bone cancer and liver cancer cases are related to viruses such as Epstein Barr, HIV, Hepatitis C etc. Pesticides and chemicals, or occupational factors figure into 4% or mouth, throat, stomach and lymphoma cancer cases. Approx 3% of stomach, colon and liver cancer have been linked to excessive consumption of alchohol.

Aging and Cancer

Cancer is most common among older people, largely because their cells have had more time to accumulate genetic damage, but also because the body's defences against cancer, particularly the cells and proteins of the immune system, gradually become less efficient with age. In addition a cancer that began earlier in life may not be diagnosed until old age because it can take years for some types of cancer, most noticeably prostate cancer, to grow large enough to produce noticeable symptoms.

Because life expectancy has increased dramatically over the last 50 years it means that cancer is now one of the most common causes of death in the developed world, second only to coronary heart disease.

Cancer treatment today

For over 2000 years, doctors have attempted to cure cancer by surgically removing visible tumours. For some localised cancers radiotherapy is very effective and this treatment is often combined with surgery with the aim of achieving a cure. Treatment with anti-cancer drugs, known as chemotherapy, may be used instead of or in combination with surgery to destroy cancers that have unfortunately already spread around the body.

New therapies for the treatment of cancer that are currently being assessed include inactivating the damaged genes so that they no longer send messages to the cell, and boosting the body's natural immune system so that it has the ability to destroy any cancerous cells. These therapies are still in the experimental phase however both the American Cancer Society and the National Cancer Institute of the UK, i.e. Cancer Research, are working towards making them viable treatment options for future generation.

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Andrew Daigle is the owner, creator and author of many successful websites including CancerAbout, a Cancer Resource site and a Mesothelioma Lawyer Resource site.

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Andrew Daigle is a successful author. Visit http://www.depositarticles.com to read more articles from Andrew Daigle.

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What can affect life Expectancy of Mesothelioma Patients?

There are various factors that can affect the prognosis and life expectancy (survival) of mesothelioma patients. Some of the factors have greater affect on the survival of mesothelioma patients than others. The common factors that influence survival and life expectancy of a mesothelioma patiets are:

Type of mesothelioma:

Generally three types of mesothelioma are common and they are pleural, peritoneal (lining of abdomen) and pericardial (covering of heart is known as pericardium) mesothelioma. There can also be other uncommon types of mesothelioma like testicular mesothelioma. Pleural mesothelioma is the commonest type which affects the pleura or the lining or the coverings of lungs. Generally patients with pleural mesothelioma lives longer, because it is the commonest form of mesothelioma and most of the research and treatment studies are done on pleural mesothelioma in compare to other less common types.

Age of patient at diagnosis:

Most (more than 75% of total) of the mesothelioma cases occur in older age group of 55 years or above. But recent reports suggest that the average age of onset of mesothelioma is declining, may be due to mesothelioma occurring in secondary exposure to asbestos. Mesothelioma occurring in older individuals may succumb to the disease earlier than younger patients due to associated chronic and severe diseases like heart disease or chronic lung disease. The general health condition of older people also less favorable for better prognosis and better life expectancy.

Smoking:

Smoking can reduce the life expectancy of mesothelioma patient to a great extent, especially in pleural mesothelioma patients. Smoking can affect the disease process in a negative way. The ill effects of smoking on health are well known to all.

The period taken to develop mesothelioma after exposure to asbestos also affects the prognosis and life expectancy of mesothelioma patienst. Sometimes it may take more than 30 years after the last exposure to asbestos to develop mesothelioma. The long latency period can cause difficulty in diagnosing the disease as well as delay in diagnosis. Most of the cases of mesothelioma are diagnosed when it is in the last stage when it may not be amenable to surgery. If diagnosis is in the late stage generally the treatment is only palliative to reduce suffering.

Psychological aspect:

The psychological status of the mesothelioma patient can influence the life expectancy (at least to some extent) of mesothelioma patient, as is the case in most of the chronic and serious diseases. A patient with sound psychology to withstand the serious disease like mesothelioma can have a positive effect on the outcome.

Other associated chronic and serious diseases as well as the type of symptoms mesothelioma produce can affect the prognosis and quality of life of patient.

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Importance of Hiring a Mesothelioma Attorney who Specializes in Asbestos Lawsuits

Expert Asbestos Attorneys

It is often the case that individuals diagnosed with mesothelioma or other asbestos related lung disease were actually exposed many years in the past from products or activities of corporations that have long since disappeared. Some have entered into bankruptcy and set up trusts for their asbestos related liabilities while others have merely been consumed by other corporations in transactions that are not only confusing, obscure but sometimes downright impossible to comprehend.

Mesothelioma attorneys who specialize in handling asbestos lawsuits are experts in untangling these corporate relationships to determine who has succeeded to the liabilities of the corporation that was initially legally responsible for the product or activity that contributed to the onset of these asbestos related diseases. The lawyers at Clapper, Patti, Schweizer & Mason will not sit by and let corporations relieve themselves of liability by entering into transactions that muddy the water so bad a normal person would be at a loss to determine where those liabilities were transferred to. We take pride in the fact that we have successfully brought to light corporate liabilities asbestos defendants have attempted to hide from the public.

If you have a history of asbestos exposure and have been diagnosed with mesothelioma, we strongly suggest you work with a firm that only handles asbestos litigation and are experts in getting you help as quickly and painlessly as possible.  We work tirelessly to shine light on those responsible in our efforts to reach just compensation for your injuries, and have a long history of success.

This entry was posted on Tuesday, September 28th, 2010 at 7:38 am and is filed under asbestos attorneys. You can follow any responses to this entry through the RSS 2.0 feed.

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