Category Archives: Law

September 10, 2017 · 1:00 am

Protective or Not?

Las Vegas Strip, Author David_Vasquez (PD)

Hotel clerk, Danielle Jacobsen, expected a routine shift.  The middle-aged woman approaching her desk looked like any other Vegas tourist.

But Virginia Paris was decidedly out of the ordinary.  Explaining that she had been kidnapped, Paris asked that Jacobsen contact police without alerting her kidnapper who was standing nearby [1A].

“She was like, ‘Uh, I need help.  I’ve been abducted.  I’ve been missing since Friday.  It’s pretty serious, can you please pretend like you’re checking me into a room please and get the cops on the phone and get them here?’ ”

-Danielle Jacobsen on her encounter with kidnapping victim, Virginia Paris [1B]

Despite an Order of Protection, Paris had been kidnapped by her former boyfriend, Joseph Hetzel.  Jacobsen managed to contact Security inconspicuously.  Paris was taken to a room for safety, and Hetzel later arrested.

Orders of Protection

An Order of Protection from Abuse (also, known as a Restraining Order) limits or forbids the subject’s interaction with a particular person.  Such orders commonly arise from allegations of domestic violence, harassment, and/or stalking.

Statistics on Protective Orders have not been publicly available.  But there are thought to be over 1 million in effect in the United States on any given day [2].

Experts disagree on the effectiveness of Protective Orders.  A 2010 analysis in the Journal of the American Academy of Psychiatry and the Law concluded that they do serve a role in managing threats of violence [3].

However, an earlier analysis had determined that Protective Orders were violated an average of 40% of the time.  Some women maintain they were beaten for having obtained a Protective Order. Continue reading →

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July 9, 2017 · 1:00 am

Extra! Extra!

First page of Book of John, part of illuminated manuscript known as Athelstan Gospels (late 9th or early 10th Century), British Library (Cotton MS Tiberius A.ii) (PD)

WARNING:  Graphic Images

The news comes crashing toward us at the speed of light these days.  We cope with it as best we can – ignoring some things, shrugging off others, arguing over (or worrying about) those that strike closest to home.

We can at times be grieved by the news, even wounded by it.  More often, in self-defense, we develop calluses.  Occasionally, we dare to hope.

  • Catholic Church Sex Scandal.   Catholic Cardinal, George Pell, the third highest ranking official at the Vatican, has been charged with multiple sexual offenses by Australia [1].  These involve more than one individual, and are believed to extend back decades.  Pell will be returning to Australia to mount a defense.
  • Mother’s Boyfriend a Threat.  Michael McCarthy, convicted of second-degree murder in the 2015 killing of his girlfriend’s two year old daughter, has been sentenced to life imprisonment by a Massachusetts court [2].  Evidently, Bella was killed because she did not want to go to bed.  Testimony indicated she had been harshly punished before.  Both McCarthy and Rachel Bond, the girl’s mother, were heroin addicts at the time.  McCarthy will be eligible for parole in 20 years.
  • Opioid Epidemic and Child Abuse/Neglect.   Tragically, incidents of this kind are becoming all too common.  The nation’s opioid epidemic is having a direct impact on children.
    • In urban areas, the number of infants born drug-dependent quadrupled between 2004-2013 [3A]. In rural areas, that number increased by a factor of seven, stretching limited hospital and medical resources to the breaking point [3B].
    • As might be expected, the children of addicts are entering foster care at an alarming rate [4].  Often these children live in deplorable conditions for an extended period before the system takes notice.  Trash and vermin, illicit drugs, and drug paraphernalia fill the home.  Milk and food are absent.
  • Preventing Hot Car Deaths. Meanwhile, Bishop Curry, an 11 year old Texas boy, has invented a device that may aid in preventing the deaths of children left unattended in a vehicle [5].  When the “Oasis” detects a child inside a vehicle alone, it texts parents and police while blowing cold air until assistance arrives.  Toyota is exploring the possibilities.

Continue reading →

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June 4, 2017 · 1:00 am

Trafficked, Part 2

Lithograph of Vincent van Gogh's

Lithograph of Vincent van Gogh’s “Sorrow”, Van Gogh Museum, Amsterdam, Photographer/Source pic (PD Art-old-100)

WARNING:  Graphic Images

Four unnamed women who allege they were forced into prostitution at a Maryland hotel have brought separate suits against the hotel where events took place [1][2].  The plaintiffs maintain that the staff of America’s Best Value Inn either knew or should have known that human trafficking was occurring on the premises.

Money Damages

This is among the first suits where money damages for human trafficking are being sought by victims from a “deep pocket” third party not directly involved with the trafficking.

The suit alleges the hotel failed to keep its premises safe.

The owner disputes this, saying that staff noticed nothing suspicious.  After the prostitution ring was uncovered, hotel procedure was though changed.  Rooms are now cleaned after three days, whether there is a “Do Not Disturb” sign in place or not.

Kidnapped

The women’s story is chilling.  As they describe it, the four were kidnapped; injected with heroin; then forced to engage in sex for money with men brought to the hotel.  All proceeds went to Cornelius Briddell, the head of the trafficking operation.

The women were rescued after one of the victims managed to message her boyfriend on Facebook.  Briddell was convicted in 2015, and sentenced to 145 years in prison.   The judge characterized his actions as barbaric.

Claiming to be a man of God, Briddell actually made a show of “forgiving” his victims. Continue reading →

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May 28, 2017 · 1:00 am

Trafficked, Part 1

“White Slave” by Abastenia St. Leger Eberle (c. 1913), Source Journal Publication (PD-ArtlOld-100)

WARNING:  Graphic Images

The website Backpage.com made tens of millions of dollars running “adult” classified ads for escorts and erotic services (many offering children).  Faced with a Senate investigation, a grand jury inquiry in Arizona, and two federal suits in California, the site removed such ads earlier this year [1A].

That has not stopped the trafficking of children.

Amber Alert

Labels like “Amber Alert” and “Lolita” (intended to signal the involvement of children in sexual activity) may have been replaced with phrases like “100% young” and “oh daddy can I be your candy” [1B].  But ads like those under investigation continue to run in the dating section of the site, as well as elsewhere online.

Children in the Sex Trade

The majority of children involved in the sex trade come from poor and dysfunctional families.  According to the Bureau of Justice Statistics, 35% of the underage prostitutes charged nationally are African American.  In some geographic areas, that percentage is even higher.

While it is uncertain how many children are forced into prostitution annually, the National Center for Missing and Exploited Children estimates there was an 800% increase between 2010 -2015 due to the increased sale of children for sex online.

Missing

“Scared and cold,
first night on the streets
Your body hurts
from your head to your feet…

Gotta dollar-fifty,
every penny gotta spend
Make a wrong move…Boom –
your life comes to an end

-Daniel, 16 y.o., “Run Away” [4]

According to the National Crime Information Center, there are some 435,342 children currently missing in the United States.  While custody disputes account for a large percentage of the children reported missing,  the suspicion by law enforcement is that the remaining children – at least those still alive – are being trafficked. Continue reading →

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November 20, 2016 · 1:00 am

Sparrows

WARNING:  Graphic Images

A 7 year old in Pennsylvania shared with her school bus driver that she had been unable to wake her parents [1].  Christopher Dilly and Jessica Lally were discovered to have overdosed.  The child’s younger siblings – ages 3 months, 3 and 5 years old – were found in the home.

Ashley Hutt and Mac Leroy McKiver, a pair of addicts in Washington, have been charged with repeatedly injecting their young children – ages 2, 4, and 6 years old – with street heroin to keep them quiet [2].  The children were living in squalid rat-infested conditions, their home littered with drug paraphernalia.

All seven children have been placed in protective custody.

Where was God in all this?  Could He not have intervened?  Such evil is staggering.  Confronted by it, we cannot help but cry out.

God is not immune to our pain.  Nor is He indifferent.  He suffered for us on the cross, and continues to suffer with us.  We are His children.  Would you not suffer for yours?  Surely, you feel their pain when a young wing is broken or a young dream falters.

This is a fallen world — home both to incalculable evil and amazing good.  We get to choose sides.  That privilege comes at great cost.  But those choosing evil should make no mistake.  God’s eye is on the sparrow…on all the defenseless little sparrows.  And there will be a reckoning.

” ‘Are not five sparrows sold for two copper coins?  And not one of them is forgotten before God.  But the very hairs of your head are all numbered.  Do not fear therefore; you are of more value than many sparrows‘ ” (Luke 12: 6-7).

—
[1]  Washington Post, “A 7-year-old told her bus driver she couldn’t wake her parents. Police found them dead at home.” by Cleve Wootson, 10/5/16, https://www.washingtonpost.com/news/to-your-health/wp/2016/10/05/a-7-year-old-told-her-bus-driver-she-couldnt-wake-her-parents-police-found-them-dead-at-home/?tid=a_inl.

[2]  Washington Post, “Parents injected children with heroin as ‘feel good medicine,’ police say” by Lindsey Bever, 11/1/16, https://www.washingtonpost.com/news/to-your-health/wp/2016/11/01/parents-injected-children-with-heroin-as-feel-good-medicine-police-say/.

Original version posted 10/27/13

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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October 23, 2016 · 1:00 am

Kansas

Dorothy's ruby slippers from the 1938 version of

Dorothy’s ruby slippers from the 1938 version of “The Wizard of Oz”, Author dbking, Source http://flickr.com/photo/65193799@N00/234170351 (CC BY-SA 2.0 Generic)

WARNING: Graphic Images

Dorothy and Toto spent most of the beloved movie classic, “The Wizard of Oz”, trying to get back home to Kansas. But Kansas City has not been a safe place for children for years now.

An investigation by the Kansas City Star has disclosed that police abandoned many child rape and other cases of serious abuse against children [1].  Internal memoranda by the Kansas City Police Dept. describe 148 cases as reflecting gross investigatory negligence, and what can only be characterized as callous disregard on the part of investigating officers.

The Crimes Against Children Unit investigates around 1,000 cases annually. Last summer, prosecutors were unable to proceed on a case it had taken over a year to investigate. Several hundred cases in the Unit were found to be six months old or older.

A Special Response Team was formed in September 2015 to clear these backlogged cases. Half the cases over six months old were found to have been insufficiently investigated. Fifty involving rape, broken bones, and near starvation languished for over a year.

These included cases where:

  • a 4 y.o. rape victim was infected with a sexually transmitted disease;
  • 4 y.o. and 5 y.o. malnourished children were sodomized by a known sex offender who was, also, a household member; and
  • a 12 y.o. runaway was raped by three men, one of whom she was actually able to identify.

Irregularities were uncovered so severe that nearly all the detectives and sergeants of the Crimes Against Children Unit were suspended. Continue reading →

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September 11, 2016 · 1:00 am

Candy from a Baby

National School Lunch Program, Author USDA (PD - Federal agency)

National School Lunch Program, Author USDA (PD – Federal agency)

“ ‘Assuredly, I say to you, inasmuch as you did not do it to one of the least of these, you did not do it to Me’ ” (Matt. 25: 45).

The fraud making headlines these days can run into the billions.  Ten million dollars may not seem an extraordinary amount, by those standards.  Still, it is substantial enough…especially when you realize that the stolen money was meant to feed hungry children.

A dozen people have been arrested in Arkansas for a scheme that drained funds from a federal program to fight hunger.  The program provides dinners, during the school year, and meals at community centers, during the summer months, to underprivileged children who would not otherwise have enough to eat.

The evidence suggests that employees of the Arkansas Dept. of Health Services responsible for administering the program approved wildly inflated claims, some by non-existent entities, in exchange for bribes.

The defendants have been charged with bribery, wire fraud, and money laundering.  Nine have pleaded guilty.  Statutory penalties will apply.  How much restitution may actually be possible has not yet been determined.

Arkansas has one of the highest rates of child hunger in the United States.  More than 275,000 children in the state qualify for free or reduced lunch.  The ten million dollars could have purchased 2.7-3.2 million meals.

An awful lot of milk and cookies never reached the table.  But stealing that food from the children who needed it was as easy as taking candy from a baby.

—

[1]  The Washington Post, “ ‘Mortified’:  Inside a $10M scheme to steal federal funds intended to feed hungry children” by Amy Want, 9/8/16,  https://www.washingtonpost.com/news/powerpost/wp/2016/09/08/inside-a-10m-scheme-to-steal-federal-funds-intended-to-feed-hungry-children/.

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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July 24, 2016 · 1:00 am

Progress

Lawyer Belva Ann Lockwood, Authors Matthew Brady/Levin Corbin Handy, Source Library of Congress Prints and Photographs Division http://loc.gov/pictures/resource/cwpbh.04374/ (PD)

Roger Ailes (founder, Chairman, and CEO of the Fox News Channel) has stepped down in the face of a barrage of sexual harassment complaints by female employees.  An investigation by parent corporation, 21st Century Fox, in response to a lawsuit by Gretchen Carlson, uncovered at least 20 similar claims, capped by that of star anchor, Megyn Kelly [1].

Fox has long been known for a frat boys atmosphere, so this is progress.

When I first thought about becoming a lawyer, there were only 3%-4% women in the American legal profession.  At the first client gala I ever attended, the senior partner introduced me with the words, “This is the shape lawyers come in now.”  At the first golf outing I ever attended, I could not join clients at the bar.  It was restricted against women.

Conservatively attired in the most formal business suits I could find, I was in the early days routinely mistaken for witnesses, court reporters, and women from the services responsible for tracking court dates, until I identified myself as the lawyer on a case.  I was paid less than my male counterparts, often worked longer hours, but made partner at a time that was still a rare achievement for women.

Mind you, Belva Ann Lockwood (1830-1917) had been the first woman lawyer to argue before the US Supreme Court a full century earlier. Continue reading →

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June 19, 2016 · 1:00 am

Honor

WARNING:   Graphic Images

Incest, the least reported form of sexual abuse, exists worldwide.  Even when incest is disclosed to other family members, a family may want to keep the abuse secret from society at large, in the name of so called “honor”.  There can, also, be governmental reluctance to investigate matters considered of a highly personal nature.

This leaves victims without recourse.

Pakistan – Human Rights Violations

Pakistan is just one country where these factors come into play [1].  The UN estimates that 36% of girls and 29% of boys in Pakistan experience sexual abuse.  An estimated 90% of street children have been sexually abused [2].

The situation is complicated by the fact that women have so little power over their own lives, and so few options other than staying in an abusive marriage.  Mothers are, in effect, as trapped as their children.

Despite this (or because of it), both mothers and fathers have been known to participate in honor killings.

Honor Killings

As long ago as 1989, Zein and Maria Isa, a Pakistani couple living in St. Louis, jointly murdered their daughter, a high school senior, for taking a part-time job at Wendy’s, and dating a boy of whom they did not approve [3].  Though the couple claimed Tina had attacked them, this was proven untrue when it was revealed the murder had been recorded.  Zein Isa had been under surveillance as a possible terrorist, and a listening device installed in the couple’s home.

Little has changed in Pakistan.  Earlier this month, 18 y.o. Zeenat Rafique was tied to a bed, then set afire by her mother and brother [4].  Zeenat’s crime was that she had married without her family’s permission. Continue reading →

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June 12, 2016 · 1:00 am

20 Minutes

Brock Turner, a Stanford University athlete with Olympic aspirations, was convicted in March of sexually assaulting an unconscious woman at a fraternity party.  Turner was caught in the act, and chased down by two witnesses.

Though facing up to 14 years in prison, Turner received a six-month sentence [1].  Even this slap on the wrist was viewed as excessive by his father.  Dan Turner had opined, in a letter to the court, that jail time would be “a steep price to pay for 20 minutes of action” [2].

While it is difficult to overstate the sheer stupidity of this remark, the remark itself is extremely revealing.  Clearly, here is a father who taught his son nothing about ethics or morality, since he himself cannot grasp the violation that occurred.  Evidently, women are merely to be viewed as sexual conquests…a convenience – like party favors – particularly if they are unconscious during the assault.

Why should a Stanford man, the cream of the crop (at least in his own eyes), be deprived of sex on demand by a little thing like consent?  A technicality, really.  The girl should have been grateful for 20 minutes of his attention.

What are 20 minutes out of a woman’s life anyway?  All she has to do is open her legs.  How much can that matter?  It’s not as if she has value, let alone rights.

“He will never be his happy go lucky self with that easy going personality and welcoming smile,” the elder Turner concluded.  One cannot help but wonder whether the rape victim will ever be her happy go lucky self again either.

And whether the Turner women view things quite the same way.

—

[1]  A petition bearing 1 million signatures has been submitted to the California state legislature, seeking to impeach Judge Aaron Persky.

[2]  Washington Post, “‘A steep price to pay for 20 minutes of action’:  Dad defends Stanford sex offender” by Michael E. Miller, 6/6/16, http://www.msn.com/en-us/news/crime/%E2%80%98a-steep-price-to-pay-for-20-minutes-of-action-dad-defends-stanford-sex-offender/ar-BBtUZpE?ocid=ansmsnnews11.

 

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