KOCKOUT GAME

This is NOT a game. This is pure moronic criminal behavior by weak, ignorant, stupid, cowardly PUNKS. Criminal charges may include Hate crimes, attempted murder, depraved murder (if a death results) among others.

GEORGE ZIMMERMAN AND SPIKE LEE

George Zimmerman may have once again felt the cold click of handcuffs this week, but the negative impact of the “Zimmerman Effect” has been felt by more than George and the women in his life. Remember when Spike Lee casually retweeted what he thought was George’s address, but it happened to be the address of an elderly Florida couple instead? Upon discovering the error of his ways, Lee immediately removed the tweet, but it was too little too late for Elaine and David McClain, who soon found themselves incessantly harassed by the anti-Zimmerman faction. In March, Lee apologized and settled for $10,000.00, but according to the McClains, the harassment, including death threats, have continued, in particular in the aftermath of Zimmerman’s controversial acquittal. Now, in their latest lawsuit against Lee, the couple claims the settlement only covered damages through the March 2012 settlement date and did not include suffering which occurred afterwards. While the court filings are silent as to the amount of damages the couple seeks, they are allegedly over the one million dollar mark. Lee has filed a motion to dismiss, arguing the lawsuit violates the terms of the settlement agreement by filing in Florida, but more importantly, the settlement brought an end to all issues between the McClains and the filmmaker. The McClains had one bite of the apple and it netted them $10,000.00.

OJ SIMPSON STAYIN IN VEGAS

The Juice is loose! And, he’s talking! For the first time since OJ Simpson ran afoul of the legal system back in the 90s, OJ Simpson took the stand in his own defense this week as he fights for a new trial in his sports memorabilia robbery conviction. At issue is whether attorney Yale Galanter gave OJ the best possible defense or whether he fumbled in the end zone, resulting in OJ’s stiff 9-33 year prison sentence. OJ’s new legal team filed a habeas petition, in which they outlined numerous claims of ineffective assistance of counsel and conflict of interest, 19 of which the Judge agreed to hear. These petitions are filed regularly by inmates and the majority are given short shrift by the Court, but something about OJ’s petition clearly caught the Judge’s attention enough to grant a hearing. OJ will not only have to prove his lawyers botched his trial, but also that the outcome would have been different, but it is going to be a case of he said/he said with conflicting testimony from OJ himself and Galanter. While his former attorney is scheduled to take the stand today, OJ testified he went to a Palace Station hotel room in Vegas only AFTER speaking with Galanter and getting the go ahead.  (Please NOTE, the Attoreny Client Privilige is now TERMINATED). He also claims Yale never shared a plea offer with him, which would have had him cooling his heels in a Vegas cell for only one year and Galanter did not allow him to testify in general, but specifically about his drunkenness on the day his sting went down. Of all of his arguments, the never shared plea offer is probably the strongest as all defense attorneys have an obligation to share every plea offer with his or her client, no matter if they are for or against it. It is up to the client, with guidance from the attorney, to make the decision whether to accept or reject a plea. While these ineffective assistance claims generally go nowhere, even after a hearing, if OJ is able to convince the Judge Galanter kept that plea to himself, he may just have a shot. Interestingly, Galanter’s local counsel, Malcolm LaVergne was firmly on OJ’s  side as he testified about Galanter’s handling of the case, including his “my way or the highway” attitude. LaVergne claimed Galanter was not open to suggestions, did not share legal information with Simpson and was more concerned with the media than the legal implications of the charges on Simpson. I am sure after OJ testified he felt very, very good and that lasted until his former Attorney Galanter took the stand and blew OJ up.   What happens in Vegas stays in Vegas, and aint no way Vegas is letting the Juice to leave.

 

GUN CONTROL:

 

The Obama regime did nothing with respect to gun control since his inauguration.   Now, after Aurora and finally Newtown, everyone is all of a sudden focused and concerned and seeking ways to stem the 10,000 per year deaths in the US associated with gun violence.    The Constitution has been interpreted and affirmed by the US Supreme Court in holding the 2^nd Amendment protects an individual’s right to possess a firearm for traditionally lawful purposes and for self-defense – (see Texas and Florida especially).  Most States require a criminal check before issuing a handgun or a rifle.  Most States require a license to carry a handgun in a concealed holster or carry-bag.  Here, in order to obtain a license, the applicant must complete a course of study, take a written test and pass a shooting test – (all of which is accomplished in ONE day).  There are questions about one’s mental health and propensity for violence leading to any restraining orders all of which can easily be fudged.  There are usually 3 issues in any shooting like Newtown, 1.  The shooter, 2.  The gun and 3   The environment in which the gun was obtained.   For gun purposes, the clip is usually the single factor which can transform a hunting gun like a bushmaster (Newtown) to an assault rifle.  Limits on the capacity of clips for rifles and handguns and the banning of assault type rifles I predict, will be impacted and restricted by the new laws to come.  Even today, stores like Bass Pro Shops and various shooting ranges are virtually unable to order any new clips until the smoke settles with respect to the Newtown aftermath.  As in Newtown, access to the guns was not a deterrent and new laws may require all rifles and handguns to be locked in a safe with trigger locks.  However, if that is the case and a person has the gun for home self defense, the time it would take to access the gun with the ability to fire will make this process meaningless.  Lastly, our nation’s ignorance with respect to mental health and treating our citizens who are suffering from it, will need to be addressed if we are serious about avoiding another Newtown massacre.  As other nations like the UK, Scotland, Australia, Spain and Japan have virtually banned handgun ownership, the number of gun related deaths is miniscule – has the time come for our great nation to distinguish the right to form a militia to protect our State by assuring citizen firearm ownership?  This will be determined by the power of the NRA and the power of the rural States v. the big City Slickers.  If nothing is done soon, you know this will all fade away.

Rutgers, Clementi And Now Hemdal – Any Differences?

Shades of Rutgers University and Tyler Clementi.  Here, 16 year old Anders Hemdal was caught on a school trip abroad, actually on board, having sex with his girlfriend.  The act was video-taped by another student who then released the tape around the school.  When Anders asked the school for help, he was suspended for 4 days without a hearing (required under PA law) along with his girlfriend and the videographer.  The videographer has been charged in juvenile court and those proceedings are sealed.  Anders is now suing the Schuylkill Valley School District for violation of his due process rights, to have his record expunged and for legal fees plus.  When more intelligent minds address this issue, I guarantee there will be a sealed, secret settlement.  The school district acted horribly.  Is this not bullying?

 

Monster Engergy Drink Sued For Caffeine Overdose

Monster energy drinks are sold in 24 ounce cans and contain 7 times the amount of caffeine in 12 ounce colas.  The FDA allows soda to contain 71 miligrams of caffeine per 12 ounces to be safe however, energy drink manufacturer’s are not bound by the FDA caffeine guidelines since their drinks are sold as diet supplements.  Most Significant, the Monster drinks contain a Warning Label which says “NOT RECOMMENDED FOR CHILDREN AND PEOPLE WHO ARE SENSATIVE TO CAFFEINE.”  14 year old Anais Fournier allegedly drank 2 Monster energy drinks in a 24 hour period and died due to “cardiac arrhythmia due to caffeine toxicity.”  The parents have sued Monster and Monster has advised they will vigorously litigate this one.  The FDA is considering putting caffeine limits on makers of energy drinks based on data showing since 2004 there have been 5 deaths and 37 adverse reactions to Monster drinks.   Parents have a loser case here and Monster will prevail.  Parents should have sued the FDA.

Another Sense of Self-Entitlement For A Kennedy

Oh to grow up a spoiled asshole with a sense of complete entitlement and Oh how his father would have been humiliated by the conduct of his son.  We all have read stories over the years of babies being stolen from maternity wards.  The aforementioned conduct has lead to strict procedures for the removal of newborns and include child alarm bracelets.  Seems ole Douglas Kennedy (son of the late Sen. Robert F. Kennedy and nephew of President JFK) decided at 7:30 PM he wanted to have a chat with his newborn outside of the hospital, so without seeking permission he removed the alarm bracelet and attempted to take his infant outside of the facility.  During the brief walk his inexperience in handling infants was apparent as witnesses say they saw the infants head bobbing up and down – and this was not a heavy metal concert.  Thankfully, security was alerted and  his mission was thwarted.  During the course of preventing Dougy from taking his infant outside, seems Dougy kicked a nurse and twisted the arm of another nurse.  Of course, the defense suggests it was only after nurses were physically attempting to remove the infant from his arms that he instinctively sought to protect his child and reacted the way he did.   After Kennedy was criminally charged, seems the Kennedy spin machine began attacking the nurses involved and in response, the Nurses told their story to NBC Today Show and hired Civil Personal Injury attorneys.   The defense that the Nurses approved of the removal is completely inconsistent with hospital protocol which mandates a Supervisor sign off and numerous forms being filed, etc.  Westchester County is very conservative and the Kennedy name today is NOT what it used to be.  Make a deal fast Bro.

Yogo In Schools – Excercise or Religious Teaching?

The School’s goal is to promote health by providing a great workout while students also get a chance to burn calories, improve flexibility, relax and reduce stress.  The mandatory yoga classes meet twice a week for 30 minute sessions.  Can you sit Indian style?  I cannot.  In any event, part of the session involves meditation and breathing aligned with a series of poses designed to increase mental focus, circulation and sweating however, it is precisely the spiritual overtones in yoga which are objected to.  Since Yoga has its formation in eastern mysticism and Hinduism, there is an acknowledged connection with religious and spiritual beliefs and again, this is what the parents are objecting to and threaten with litigation.  “Some” parents claim the program is unconstitutional by using taxpayer funds to promote Ashtanga yoga and Hinduism.  A non-profit foundation named Jois Foundation funded the project with $500K plus and this foundation is also alleged to have a religious mission which seeks the protection and promotion of religious freedom, the sanctity of life, traditional marriage, parental rights and other civil liberties.  2 families have pulled their children from the program and 2 is not significant.  I would not want to be the Superintendant of this school.  Dicey issues at best and we have discussed over the years the separation of church and state especially when public funds are being used – see recent discussion of Jesus Cheerleaders.   Seems if the classes are toned down with any religious rhetoric, the program will survive.

Warrantless Cell Phone Searches Heading To Supremes

WARRANTLESS CELL PHONE SEARCH

 

Who would have thought a Supreme Court opinion written by Justice Scalia would lend support to a PRO-privacy argument gearing up in the Fifth Circuit?! In January, Scalia wrote an opinion in a case finding police installation of a GPS device on a car for 28 days violated the Fourth Amendment. Following this ruling, police have had to come up with other ways to track suspects without a warrant and they thought they did so by changing the technology and accessing the location data stored in mobile phones. Not so fast. The government appealed a 2010 decision in which the court ruled against warrantless disclosure of cell data as violative of the Fourth Amendment, resulting in a showdown in the Court of Appeals between the Obama Administration and the ACLU and Electronic Frontier Foundation. The feds claim they should be able to track suspects via phone records for 60 days without a warrant because a cell phone customer “has no privacy interest” in GPS records since the information is “voluntarily conveyed” to the cell phone company. However, the ACLU and EFF argue if tracking a vehicle for 28 days is a search, a 60 day cell phone track clearly falls into the same category. Indeed, tracking one’s whereabouts on a cell phone is even more intrusive than via a car as phones are always with their owner in both public and private spaces. This is not the first time this issue has made its way to the courts. The Sixth Circuit ruled in August warrantless cell phone tracking is legal, but district courts in Pennsylvania and Texas ruled the process unconstitutional. Whatever happens in the Fifth Circuit, privacy concerns and emerging technology are hot button issues ripe for the Supreme Court. Law enforcement obtains an incredible amount of useful information through surveillance and in cases where a warrant must first be obtained, it is not such an onerous process that the investigation would be jeopardized if it had to go through the courts first.  A recent congressional inquiry found major wireless carriers received more than 1.3 MILLION requests for subscriber data from law enforcement alone in 2011! Big Brother is clearly watching and tracking our whereabouts.  How you like that?

 

Avis Car Rental Sued by Person claiming discrimination for not being gay

Lynn Evenchik of Arizona claims in her class action lawsuit against Avis car rental she was discriminated against for NOT being gay. Evenchik secured a $300 one week rental in San Diego, but did not receive the 20% group discount offered to members of two gay organizations. Avis claims she could have received a discount through other affiliations or she could have even joined the gay groups as they are open to everyone. Evenchik begged to differ and stated in her papers Avis’ gay discount violated California’s Civil Rights Act, prohibiting discrimination based upon sexual orientation, and the state’s Business and Professions code. Although Avis attempted to have the case dismissed prior to discovery, the court is allowing it to go forward – for now – opining there is no evidence Avis offered Evenchik a similar discount nor is there evidence membership in either of the gay organizations was offered to her when she rented the car. The Unruh Civil Rights Act specifically outlaws discrimination based upon sex, age, race, color, creed, etc. and has been seen in action barring ladies nights at California clubs. However, Avis’ discount was not meant solely for gays because they are gay. It was meant for members of gay organizations, who can be gay or straight. If a AAA discount was offered and Evenchik was not a member, would she be able to claim she was subject to discrimination? And, on a $300 rental, Evenchik is fighting over a 20% discount of $60. It cost her more to file her complaint in district court than she would have saved by obtaining the gay or any other discount. This case has nothing to do with sexual orientation or discrimination and everything to do with a disgruntled customer trying to save a buck. See ya – Dismissed!