The problem isn't the Patriot Act, it's the people that passed it.
If the Founders were here I suspect they would tell us that is why they gave us the Second Amendment.
Of course just a few days ago a good number of Congressmen and Senators said they were SHOCKED that NSA and the Homeland Security were spying on Americans.
Of course that was just 100 percent political BS to help them get re-elected next time around.
Sadly the members of Congress and the Senate don't work for the American people, they work for the entrenched government bureaucrats like the folks in the NSA, CIA, and Homeland Security. And of course this vote shows their loyalty to the bureaucrats in the NSA, CIA, and Homeland Security.
Source
House votes to continue NSA surveillance program
Wed Jul 24, 2013 4:02 PM
WASHINGTON — The U.S. House of Representatives has voted to continue the collection of hundreds of millions of Americans’ phone records in the fight against terrorism.
The chamber rejected a measure to end the program’s authority. The vote was 217-205 on Wednesday.
Republican Rep. Justin Amash had challenged the program as an indiscriminate collection of phone records. His measure, if approved by the full House and Senate and signed by the president, would have ended the program’s statutory authority.
The White House, national security experts in Congress and the Republican establishment had lobbied hard against Amash’s effort.
Libertarian-leaning conservatives and some liberal Democrats had supported Amash’s effort.
The vote was unlikely to settle the debate over privacy rights and government efforts to thwart terrorism.
Fountain Hills gets its 1st marijuana clinic
Source
Fountain Hills gets its 1st marijuana clinic
By Edward Gately The Republic | azcentral.com Wed Jul 24, 2013 9:46 PM
Scottsdale resident Todd Middleman plays bass guitar four nights a week in a local rock band called the Instant Classics.
The 45-year-old suffers chronic pain as a result of a spinal-cord injury he suffered when a car door fell on him at work.
“I’m holding a relatively heavy guitar and the pain gets pretty bad after a four-hour show,” Middleman said. “I tried multiple medications when my back got hurt and literally nothing worked. The first thing that worked was medical marijuana and I’ve used it ever since.”
Middleman was one of the first patients at the northeast Valley’s first medical-marijuana dispensary — Nature’s AZ Medicines Inc. in Fountain Hills.
The dispensary’s Monday opening at 16913 E. Enterprise Drive was emblematic of medical marijuana’s pervasive reach less than three years after Arizona voters sanctioned it.
State Department of Health Services officials said Wednesday that there are 43 dispensaries operating statewide; of those, 22 are in Maricopa County.
Scottsdale resident Mark Steinmetz opened the Fountain Hills dispensary, as well as another with the same name at 2439 W. McDowell Road in Phoenix.
Nature’s AZ Medicines won’t have a monopoly on the northeast Valley for long.
Scottsdale’s first medical-marijuana dispensary, near Pima Road and Via de Ventura, has received final approval from the Arizona Department of Health Services, but hasn’t announced an opening date.
In addition, a dispensary is close to final approval in Cave Creek.
The Fountain Hills dispensary garnered opposition from Mayor Linda Kavanagh and parents worried that it would make access to marijuana easier for children and teenagers.
On its first day, it drew eight patients, and Middleman was the first patient on its second day.
Different ailments, ages
The dispensary resembles an upscale medical office, with a reception area, a patient-consultation area with a high-definition monitor displaying various medical-marijuana selections and prices, as well as shelves displaying rolling papers, pipes, bongs, vaporizers and other paraphernalia. The entrance remains locked at all times and an armed security guard sits at the front desk.
“They’ve taken it to a whole other level; this is dispensary chic,” Middleman said. “The guys here seem really informed; everybody’s really friendly and out to help you.”
Dispensary manager Doug Shaughnessy said the first day went well and patients were “in and out of here, and they felt secure.
“They came with different ailments and different age ranges but all local residents of Fountain Hills and nearby communities. It’s been just all very positive feedback, glad to see us here so they can continue to confidently get some medicine to treat what is bothering them on a daily basis.”
As for parents’ concerns about children obtaining access, Shaughnessy said “all we can do is warn (patients) and make sure that they take the proper precautions to store the medication in a safe area.”
Douglas Roemer owns Showcase Plastics, the business next door to the dispensary. He said it will be a “great addition to the community.”
“We are a little lacking on businesses right now, so I think this is going to be an excellent income stream from the taxes generated by this,” he said. “It seems like a very good business to be here to add to the town coffers.”
‘Strained selections’
The dispensary offers many “strained selections,” or types of marijuana grown to address various ailments and patients’ needs. The selections include N.Y. Diesel, Blue Widow, Dead Head OG, Sweet Deep Grapefruit and Sour Grape.
Josh Ford, a “budtender” at the Fountain Hills dispensary, acts as a patient-care service provider, assessing patients’ symptoms and recommending medical-marijuana strains for their ailments.
“A lot of patients have been taking prescription medications for years and they’re just not getting what they want out of it,” he said.
Middleman purchased one-eighth of an ounce of N.Y. Diesel, which cost $65, and a medical-marijuana brownie at a cost of $15.
“I just want to smoke it and feel better,” he said of the marijuana. “The people who are complaining about it aren’t aware of the culture of it. I don’t come here, buy marijuana and then head to the schools to sell it to kids. I don’t want to share it with anybody, frankly.”
Mexico’s drug war boils over again
Enrique Pena Nieto is losing the drug war like is predecessor, Felipe Calderon
Source
Mexico’s drug war boils over again
Associated Press Wed Jul 24, 2013 2:55 PM
MEXICO CITY — Mexico’s rough western state of Michoacan, producer of avocados and waves of migrants, is proving just as painful a thorn in the side of President Enrique Pena Nieto as it was for his predecessor, Felipe Calderon.
Coming off a stunning success with the capture of Zetas cartel leader Miguel Angel Trevino Morales, Pena Nieto almost immediately was plunged back into the bloody reality of Mexico’s drug war this week as gunmen believed to be working for the Knights Templar cartel staged a coordinated series of ambushes on federal police convoys Tuesday.
Attacks continued on Wednesday, wounding at least five federal police officers. The death toll from Tuesday’s clashes stood at 20 gunmen and two federal police. About 15 people were injured in the attacks, in which gunmen hijacked trucks and buses to block highways.
Pena Nieto sent thousands of troops and federal police to the area two months ago seeking to regain control of the state from the Knights Templar, just as his predecessor periodically deployed forces to Michoacan, which is Calderon’s home state. While residents initially cheered the latest arrival and some recently formed self-defense groups agreed to put down their arms, the calm was short-lived.
The cartel’s deep local roots and proven capacity for violence could make Michoacan the graveyard of Pena Nieto’s pledge to reduce drug violence.
“They are challenging the Mexican state on an equal footing,” said Edgardo Buscaglia, a senior scholar at Columbia University who studies organized crime in Latin America, noting that in many areas of Michoacan the Knights Templar gang is the de-facto law. “You have state vacuums in Mexico that are not covered by any kind of institutional framework … and the cartels are moving in to capture pieces of the state.”
The government has defended its plan to restore order, even though officials have never made very clear what that plan is.
“We know that for certain we are on the right path to regaining public safety, even though it’s quite clear that won’t be easy,” Michoacan state Gov. Jesus Reyna said after Tuesday’s attacks.
So far the government doesn’t seem to have a different strategy than Calderon’s for the complex, bloody, multi-sided battle in Michoacan that pits the pseudo-religious Knights Templar against police, vigilante groups and the rival New Generation Jalisco cartel. New Generation, which authorities say is aligned with some vigilante groups, is looking to take over Michoacan by casting itself as a cartel interested only in moving drugs and criticizing the Knights Templar for their kidnappings and extortions of everyday people.
Vigilantes tired of crime are fighting back with self-defense groups they call “community police.” The emergence of such groups has been one factor in the new flare-up of violence.
“They’re ambushing federal police and us, the community police,” said Misael Gonzalez, a leader of vigilantes in the town of Coalcoman, one of whose squad members was killed in clashes with the Knights Templar earlier this week. “They’re desperate and surrounded.”
On Wednesday, dozens of masked gunmen took over the police headquarters in the Michoacan city of Aquila, brandishing assault rifles and wearing white T-shirts with the slogan “For a Free Aquila” — the same slogan that has been used by self-defense squads that have sprung up in a half dozen Michoacan towns since February to try to kick out the Knights Templar.
Aquila city council secretary Regulo Hernandez Chavez said about 40 gunmen had seized the town police headquarters in the pre-dawn hours.
“They took some of the (police) rifles and some of the patrol cars,” Hernandez Chavez said. “We’re trying to establish communication with them.”
Such self-defense squads have arisen in a line of towns along the border with the neighboring state of Jalisco, home to the New Generation gang.
“Every day there are more towns rising up in arms,” Gonzalez said.
New Generation, meanwhile, appears to be waging a public relations campaign against the Knights Templar. In a video released in late May, about 50 masked gunmen posed with assault rifles as man’s voice said: “We are proud to say we are a cartel … but we don’t kidnap people or extort money from them and that is why we’re asking President Enrique Pena Nieto to leave us alone and let us do our work.”
Michoacan authorities have said they can’t confirm the source of the video.
“They are marketing themselves to the federal government — ‘We are only selling drugs … go after the other guys, who are committing all the violence,’” Buscaglia said.
Pena Nieto’s administration delivered its first major blow against an organized crime leader last week, when Mexican marines captured Trevino Morales, the notoriously brutal leader of the feared Zetas cartel. The troops intercepted a pickup truck carrying him and two other men, along with $2 million in cash, on a dirt road in the countryside outside the border city of Nuevo Laredo, which has long served as the Zetas’ base of operations.
Yet Pena Nieto has said he doesn’t want to target drug lords, which was the strategy under Calderon, and instead will focus on crime prevention and reducing violence.
Former presidential candidate Cuauhtemoc Cardenas, whose father and son both served as governors of Michoacan, said the current situation in the state reflects the same problems under Calderon: a lack of intelligence work.
“Talk to people in any town, and they’ll tell you that such-and-such is happening here, and that so-and-so lives behind that hill or over on that farm,” Cardenas said. “If they’ll tell you that, if they’ll tell the doctor or the veterinarian or the farmer or the neighbor, then the authorities should certainly know that.”
Comedian shocked the sheriff? Off-color jokes stir controversy
Source
Comedian shocked the sheriff? Off-color jokes stir controversy
By Joel Rubin and Robert Faturechi
July 25, 2013, 8:08 a.m.
The Los Angeles County Sheriff's Department apologized to anyone who might have been offended by a comedian's racist and off-color stand-up routine at a luncheon and said it will be "reviewed."
About 600 to 700 people, many in uniforms, attended the Sheriff's Day Luncheon, where comedian Edwin San Juan delivered a 30-minute performance that was filled with sexually explicit and racist humor, people in attendance said.
"He managed to insult every ethnic group," said one attendee, who requested that his name not be used. "There was a lot of cringing and nervous laughter.... I was sitting there thinking, 'Are you kidding me?'"
The event was hosted by a law enforcement association and was not an official Sheriff's Department event.
"If anyone was offended, that was not the intent and certainly apologies are extended," Baca's spokesman Steve Whitmore said, adding that he wasn't at the event so he couldn't comment on the specifics of the routine.
San Juan could not be reached to discuss the performance, but posted two photos of himself with Baca on his Facebook page. He also linked to a Times story about the controversy, saying only: "WOWZERS ?!"
On Twitter, he said, "Best one yet!" in response to another comedian's tweet wondering if San Juan's favorite Bob Marley song is "I Shocked the Sheriff."
In a photograph posted on San Juan's Twitter and Facebook pages, Baca and William McSweeney, chief of the agency's detectives, are shown smiling with San Juan as they present him with a plaque.
Whitmore said he spoke to Baca, and the sheriff said he "became concerned that people would complain" but decided to give the comedian the plaque anyway "to thank him for volunteering to come to the luncheon."
Baca "wants to remind everyone this is a comedian," Whitmore said. "No one in the department would say this."
San Juan, who described himself on his Twitter feed as Filipino, made fun of the accents of Asians, Indians and other ethnic groups, the attendee said.
Among other things, San Juan made jokes evoking stereotypes about Koreans and used the N-word in a joke in which he mocked a thick Filipino accent.
But one Sheriff's Department official who attended the lunch said the event sends a mixed message:
"It is perplexing that, as much as we fight racism on the department, the sheriff would embrace and seemed to condone the completely racist monologue. The sheriff even presented him with a small trophy of appreciation afterward."
The event in Montebello was hosted by the Peace Officers Assn. of Los Angeles County, a nonprofit group that works "to advance the interests of public safety and professional law enforcement in Los Angeles County," according to its website.
joel.rubin@latimes.com
robert.faturechi@latimes.com
Senate pushes sanctions on nations aiding Snowden
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Senate pushes sanctions on nations aiding Snowden
Associated PressBy BRADLEY KLAPPER | Associated Press
WASHINGTON (AP) — U.S. sanctions against any country offering asylum to Edward Snowden advanced in Congress on Wednesday as the 30-year-old National Security Agency leaker remained in a Moscow airport while Russia weighed a request for him to stay permanently.
The measure introduced by Sen. Lindsey Graham, R-S.C., demands the State Department coordinate with lawmakers on setting penalties against nations that seek to help Snowden avoid extradition to the United States, where authorities want him prosecuted for revealing details of the government's massive surveillance system. The Senate Appropriations Committee approved the proposal unanimously by voice vote as an amendment to next year's $50.6 billion diplomacy and international aid bill.
"I don't know if he's getting a change of clothes. I don't know if he's going to stay in Russia forever. I don't know where he's going to go," Graham said. "But I know this: That the right thing to do is to send him back home so he can face charges for the crimes he's allegedly committed."
Venezuela, Bolivia and Nicaragua have offered Snowden asylum since his arrival at Moscow's Sheremetyevo airport a month ago, shortly after identifying himself as the source of a series of news reports outlining the NSA's program to monitor Internet and telephone communications. It was believed he would then fly to Cuba. The U.S. then canceled his passport, stranding him, with Russia yet to authorize his request for temporary asylum or allow him to fly on to another destination.
Snowden wants permission to stay in Russia, his lawyer said Wednesday after delivering fresh clothes to his client. It's unclear how long the Kremlin will take to decide on the asylum request.
Graham said Snowden's revelations have had "incredibly disturbing" implications for national security.
The Obama administration says the surveillance has foiled a number of terrorist plots against the United States. It says the public outing of its programs are helping terrorist groups change their tactics.
The case also has sparked tension between Moscow and Washington at a sensitive time, less than two months before President Barack Obama's planned talks with Russian President Vladimir Putin in Moscow and again at a G-20 summit in St. Petersburg.
White House press secretary Jay Carney said Wednesday the U.S. was "seeking clarity" about Snowden's status. The head of the Senate Foreign Relations Committee, Sen. Robert Menendez of New Jersey, warned that "providing any refuge to Edward Snowden will be harmful to U.S.-Russia relations."
The relationship is already strained by a Russian crackdown on opposition groups, American missile-defense plans in Europe and the former Cold War foes' opposing views of the civil war between Syrian President Bashar Assad's regime and rebels.
Greg Stanton seeks to end pension ‘spiking’ - Yea, sure!!!!!! - Trust me!!!!!
I suspect that Phoenix Mayor Greg Stanton is just shoveling the BS in this article to get votes.
Phoenix Mayor Greg Stanton seems to be owned by the police and fire department unions.
When Phoenix Mayor Greg Stanton was running for Mayor he promised to end a sales tax which goes mostly for public safety, or the police. That promise was a LIE.
I suspect that Phoenix Mayor Greg Stanton claim that he wants to end spiking is just another lie designed to help him get reelected.
Source
Mayor seeks to end pension ‘spiking’
By Craig Harris The Republic | azcentral.com Wed Jul 24, 2013 10:15 PM
Phoenix Mayor Greg Stanton and two City Council members have asked the city manager to end a policy that allows pension “spiking” by police officers and firefighters, but no changes are imminent because the city must honor its labor-contract obligations until next fiscal year.
The practice of pension spiking in Phoenix, disclosed by The Arizona Republic in 2010 and earlier this year, has allowed a few senior public-safety retirees to become millionaires by adding the value of some unused benefits into final salary calculations, substantially elevating their annual pension payments. The practice is prohibited for most other city employees.
“We want to end any of the abuses in the system,” Stanton said in an interview this week with The Republic.
The mayor said he wants to change the practice, put in place at least a decade ago by city management, through labor negotiations that will begin later this year between City Manager David Cavazos and public-safety unions.
A police-union official said if the city takes away pension benefits, then Phoenix must increase other forms of compensation for public-safety officers. The firefighters’ union president said upper-level managers are typically receiving the large pensions, which puts rank-and-file employees in a negative light with the public.
The city allows public-safety officers at the end of their careers to cash in unused sick leave and vacation, deferred compensation, payment for emergency shifts, bonuses, and vehicle and cellphone allowances, counting all as compensation. The inflated compensation significantly increases or “spikes” annual retirement benefits — and the cost to taxpayers. All public-safety employees are allowed to spike, though the most costly cases have been top managers at the high end of the pay range.
The Republic in early May reported that the spiking, which may violate state law, allowed 10 retirees to boost their lump-sum retirement benefits to more than $700,000 each through the Deferred Retirement Option Plan. All also receive annual pensions greater than $114,000 a year, and some also cashed out additional unused sick leave and vacation for more than $100,000 each.
Stanton spoke to The Republic about ending the practice after he sent a memo to Cavazos last week calling for a handful of fiscal reforms and compensation enhancements for some exceptional city employees.
The memo took to task “executive level” employees who, it said, have abused the pension system and “given a bad name to all employees.” But the City Council and City Manager’s Office until now have allowed the pay spiking to occur for all other public-safety employees as well through contract negotiations with labor groups.
Councilman Sal DiCiccio, a vocal critic of spiking, said the city could immediately end the practice for upper-level public-safety managers because they are not subject to union contracts.
“The people at the top are the beneficiaries of spiking, and they’re winning,” he said. “Everyone on the bottom doesn’t win and it’s taking their money away.”
The memo to Cavazos said spiking “inflates costs, harms the city’s long-term financial health and seriously undermines public confidence that the city’s compensation for employees is fair.” It was signed by Stanton and council members Thelda Williams and Daniel Valenzuela.
The letter is the most aggressive public stance Stanton and the two council members have taken on pension reform for public-safety officers, many of whom supported Stanton’s 2011 mayoral campaign. It also comes after the Goldwater Institute, a Phoenix-based conservative watchdog group, in late May threatened to sue the city if Phoenix did not end the legally questionable policy allowing pension spiking.
“We are very glad to see that the mayor is asserting that pension spiking is unacceptable,” said Jon Riches, an attorney for Goldwater. “But it is still our position that the practice of pension spiking is illegal.”
Riches said his organization continues to do research on a potential lawsuit against the city.
State law says “unused sick leave, payment in lieu of vacation, payment for unused compensatory time or payment for any fringe benefits” cannot be used as compensation to compute retirement benefits.
State law also says that only “base salary, overtime pay, shift differential pay, military differential wage pay, compensatory time used by an employee in lieu of overtime not otherwise paid by an employer and holiday pay” may be used to calculate pension benefits.
A prospective Arizona retiree’s ending pay and length of service are key components in determining the amount of the public pension. Salary spiking, therefore, increases pensions.
Cavazos said he does not believe the city is breaking the law by allowing pension spiking, but he added, “That does not mean it’s the best practice.
“What we need to do is focus on the relationships we have with collective bargaining — we have contracts in place,” Cavazos said.
Cavazos cited an opinion by the city’s legal department that employees are receiving a higher salary in exchange for a “lessened benefit package,” and therefore that counts as the “definition of compensation” by state law.
However, public records obtained by The Republic show Phoenix has calculated pension benefits for public-safety officers by counting pay in lieu of vacation accrual and pay in lieu of sick accrual (unused sick leave), and other fringe benefits such as vehicle and cell-phone allowances.
DiCiccio believes state law is clear and that what the city is doing is illegal.
“What the city of Phoenix is doing in allowing pension spiking is robbing taxpayers,” DiCiccio said. “It needs to stop altogether.”
The city’s public-safety retirement cost is budgeted at roughly $129 million this fiscal year. In fiscal 2003, the city paid $7.2 million. Investment losses have been one of the biggest reasons for the increased cost, though pension spiking also has contributed.
Joe Clure, president of the Phoenix Law Enforcement Association, said the union of more than 2,000 members never would have agreed to the practice of pension spiking had officers thought it was illegal.
Clure said if city managers do not like the way public-safety officers receive pension benefits, they should find other ways to compensate officers.
“Unless you are willing to talk about an alternative pay and benefits package, then you fundamentally believe police officers make too much money,” Clure said. “I don’t think they do.”
Pete Gorraiz, president of the United Phoenix Fire Fighters Association, said it was curious that Stanton would send out a letter six months before labor negotiations started. But, he added, firefighters will come to a “reasonable agreement” with the city.
Arizona Taxi drivers now subject to random drug testing
Source
Arizona Taxi drivers now subject to random drug testing
Posted: Wednesday, May 8, 2013 11:31 am
By Howard Fischer, Capitol Media Services
For the first time ever, drivers of taxi cabs and limousines in Arizona will soon be subject to random drug testing.
Gov. Jan Brewer on Tuesday signed legislation which will require those who own or lease out taxis and other vehicle for hire to screen applicants for drugs at the time they are hired or allowed to lease one of the vehicles. That is on top of an existing requirement for a criminal background check.
And drivers also will be subject to random tests at least once a year.
The measure takes effect later this year.
Kevin Tyne, director of the Department of Weights and Measures, stressed this is not some new government program with the state going out and stopping drivers. Instead, he said it's designed to make the owners of these vehicles more responsible.
But he said it is up to them to decide what to do with that information: Nothing in the new law prohibits a company from hiring or refusing to fire a driver who tests positive. That mirrors the existing laws on background checks, with no prohibition against hiring certain felons.
Tyne said, though, this is a big step for Arizona.
"Nearly every other jurisdiction that regulates and oversees and licenses 'for hire' vehicles like taxis and liveries and limousines have some sort of a basic drug testing requirement,'' he said. "Arizona was noticeably absent in that regard.''
He said many people use taxis and limousines, both local residents and visitors.
"Patrons ought to have some basic sense that the driver has at least been drug tested,'' Tyne said.
The legislation is unrelated to the mishap Saturday where five people riding in a limousine on the San Mateo Bridge south of San Francisco were killed in a fire. The cause of the blaze remains under investigation and there has been no indication at this point that the driver, who also was burned, was in any way responsible.
California officials said it appears the vehicle, which was licensed for eight passengers, had one more than the permitted number. There appears to be no similar laws in Arizona governing how many passengers can be in any particular vehicle.
Government snooping is going too far
Source
Government snooping is going too far
By Editorial board The Republic | azcentral.com Fri Jul 19, 2013 5:43 PM
The conflicting interests of national security and public safety on the one hand and individual liberty on the other both have sound arguments that can trump one another.
But these are fast-changing times where these interests are concerned, and a couple of the arguments on the security side are losing credibility.
Such as: If you haven’t done anything wrong, you have nothing to worry about.
Or: The program is extremely limited in scope and narrowly tailored.
Ever since former National Security Agency contractor Edward Snowden began releasing his cache of stolen state secrets, questions about the extent of spying by federal agencies have multiplied. The more we learn about what the feds have learned about us, the more this story is turning against federal snooping.
Last week, top NSA officials testified before the House Judiciary Committee on the hot-button program dedicated to collecting “metadata” from every telephone call made in the United States — a program far more extensive than previously understood.
If the Obama administration has its way, it could grow to include government databases of credit-card purchases, hotel records and Internet use. The committee was not impressed.
“You’ve already violated the law as far as I am concerned,” John Conyers, the panel’s ranking Democrat, told the NSA officials.
Conyers’ provocative declaration was seconded by Republicans, many arriving at the same conclusion: Government snooping agencies are going too far.
Metadata collection is not the exclusive preserve of federal agencies, nor is it restricted to records of telephone calls. As technologies such as image capturing become more sophisticated and cheaper, local police agencies are buying systems that allow them to record and store vast data files on vehicles, including their license plates and their locations at given times.
Since 2005, police agencies in Arizona have purchased such surveillance systems, including Mesa, Peoria, Chandler and Phoenix, as well as the Arizona Department of Public Safety.
Calculated strictly in terms of return on investment, the purchases can turn a healthy “profit.” Mesa bought a system in 2005 for $25,000. Since then, the city has used its image-capturing system to recover more than $2 million worth of stolen vehicles.
Does that justify a program that gives the government knowledge of your every coming and going?
We have reached an age in which an incident not captured on video is seen as the exception, not the norm. You mean with all those people around, no one had a phone camera running?
This “self-surveillance” culture, which has evolved naturally as technology advances, has proved invaluable at times. The images and video produced in the wake of the Boston Marathon bombing come to mind.
The distinction between government databases and information held in private hands was raised at Wednesday’s Judiciary hearing. Why not ask phone companies to retain their own metadata longer, asked Rep. Peter King, R-N.Y. The NSA fellows said they would think about that.
Think about it they should. Americans have a right to expect their government to act to keep them safe from foreign-sponsored harm. That federal duty is enshrined in the Constitution.
Also enshrined in the Constitution is the right to the pursuit of liberty.
There is a tipping point between the two contrasting interests. The intersection of technology and the insatiable desire of governments to exert control tells us we are teetering toward the side of the government simply knowing too damned much.
Chandler Vice Mayor Lowell Huggins arrested
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Former Chandler Vice Mayor Lowell Huggins arrested in gunshot incident, police say
By Thomas Hawthorne The Arizona Republic-12 News Breaking News Team Wed Jul 24, 2013 1:30 PM
Lowell Huggins, a former vice mayor of Chandler, was arrested Tuesday after being accused of disorderly conduct, according to a court document.
According to Huggins’ wife, the 70-year-old said he attempted to shoot himself after he and his wife argued about financial issues, the document states.
Huggins and his wife had been arguing when he told her to call 911 before walking into their backyard, police said. When his wife was on the phone with an operator, she heard a gunshot from the backyard. Moments later Huggins returned to the home and told her he had tried to shoot himself in the chin.
Officers responding to the call persuaded Lowell to leave the home, but he refused to be handcuffed and was subsequently forced into handcuffs, police said. A small handgun was found in his front pocket, police said.
It is unknown whether Huggins injured himself.
Huggins, who left his final term in office in January 2009, went down in municipal history as the only person to serve three terms as vice mayor. He served on the council from 1988 to 1996 and was re-elected in 2000 and 2004.
A resident of the city since 1956 and a Chandler High School graduate, he is a former Chandler police officer and worked as a barber since 1960.
Police body cameras won't stop police crimes
Do you really think a cop is going to turn on his camera when he plans to beat up somebody or illegally search them???
The only way to make the cops honest is to give them cameras which are on 24/7 and which the video can't be erased or edited.
The real purpose of these cameras is not to help protect the public from crooked cops, but to help the cops collect more evidence which can be used to convict people of crimes.
Source
Scottsdale arming officers with body cameras
By Haley Madden The Republic | azcentral.com Fri Jul 26, 2013 8:23 AM
The Scottsdale Police Department is starting to implement a new on-the-body video camera into its standard protocol for officers.
About two months ago, the department purchased 10 Axon Flex body cameras and equipped police officers throughout the downtown Scottsdale area with them. Officers can wear them on their hats, glasses or collars and it gives them the option to record any and all incidents throughout their shifts, said Sgt. Mark Clark of the Scottsdale Police Department.
“There have been studies that have found that when officers are using cameras to videotape contacts, that both the officer’s behavior and the person’s they’re contacting behavior is better because they know they are on camera,” Clark said.
The cameras and software cost nearly $10,000, or about $995 for each, Clark said.
When an officer presses the record button, the camera automatically records the 30 seconds before he or she hit the button and then continues filming from there. The camera is always on before the officer hits the record button because they may not have anticipated needing it before the incident, said Steve Tuttle, a spokesman for Taser International.
The Axon Flex camera is a flexible, lightweight product made by Scottsdale-based Taser International Inc.
Tuttle said the idea for the on-the-body camera came nearly a decade ago when the company added cameras to the x26 Taser.
Officers were missing a lot of recording opportunities because not every incident required the use of a Taser. Taser International realized that putting the camera on the officer’s head would allow a better range of evidence and a more consistent point of view.
In collaboration with sunglasses maker Oakley, the Taser team designed the Axon Pro, their first model. The Axon Pro was a small camera that looked much like the Axon Flex and could be attached to sunglasses. While the camera had several helpful components, such as GPS and video playback, Tuttle and the Taser team knew it was ahead of its time.
“We came up with three big issues and that was size, wires and the comfort,” Tuttle said. “You need to find smaller, down-sized equipment when dealing with law enforcement.”
Nearly two years ago, the Axon Flex was born. The new camera lost the immediate playback capability, but instead, a Bluetooth system that could send the video back to the officer’s cellphone was put in place.
From 2011 to 2012, the Lake Havasu City Police Department conducted a case study that measured how effective the Axon Flex cameras were in the department. After six months, the study showed an officer’s chances of receiving a complaint decreased by 58.2 percent when wearing the camera.
In Scottsdale, officers were chosen to participate based on their area of coverage and if they had an interest in trying out the camera.
Brian Amrine, a Scottsdale police officer since 2002, has been using the camera for about six weeks.
“It’s business as usual, it’s just that I have the ability to record my contacts,” Amrine said.
Amrine said he thinks occasions will arise when the camera will affect how either party acts, possibly preventing them from doing something they might later regret.
“If there is an incident and it is captured on video, then that is certainly able to be released,” Clark said. “It will add to the transparency of what we do as a police department.”
Clark explained that a DUI officer recently had a complaint filed against him. He was wearing the Axon Flex camera and because he recorded the encounter with the citizen, he was able to clear his name. The complaint was dismissed.
Overall, the officers involved in the trial have given positive feedback, Clark said.
“The good side of the camera is that it may capture evidence pertinent to criminal and civil cases that will help convict guilty suspects while protecting innocent victims,”
Amrine said. “The camera can be a big aid to officers in writing their reports and assisting those in the legal field.”
While Amrine sees the camera’s benefits, he does have a few concerns.
“I’ve had citizens turn away from me when I have the camera on and make statements that ‘Big Brother’ is watching in yet another way,” Amrine said. “One thing that I know is that no matter how much benefit the cameras have, there will always be those that are against them.”
While there are competing opinions on the camera, the goal is simple: keeping both sides honest.
“There was a Cambridge University study that showed not only did it improve behavior, but it reduced use of force,” Tuttle said. “It’s improving behavior on both sides of the badge and that is now being documented.”
The Scottsdale Police Department’s trial period is expected to last about a year and based on the overall success, the department will decide if it wants to purchase more of the cameras.
About Taser
Brothers Tom and Rick Smith joined forces in 1993 to create a non-lethal, lifesaving weapon after their friends were gunned down in a road-rage incident.
The two started working with Jack Cover, who created the first Taser in 1970, and together they developed the Air Taser 34000. They established Air Taser Inc. and began selling their Tasers in late 1994.
About four years later, the company changed its name to Taser International Inc. to represent the company’s worldwide market. Its headquarters is near Scottsdale Airpark, and the company continues to provide non-lethal weapons and on-the-body cameras to police agencies worldwide.
More information: taser.com.
A jobs program for Scottsdale Police Officers
A jobs program for Scottsdale cops????
Think of it as a jobs program for off duty Scottsdale cops
The ordinance requires establishments ... with felony incidents to hire off-duty peace officers. If any establishment is found in repeated violation of the ordinance, it could be forced to shut down.
The money cops pay into their union dues gets results and in this case it seems it caused the city of Scottsdale to pass a government welfare program for cops.
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Latest draft of Scottsdale public-safety ordinance for bars unveiled
By Edward Gately The Republic | azcentral.com Fri Jul 26, 2013 8:45 AM
The latest draft of a proposed public-safety ordinance prompted by two stabbings at a downtown Scottsdale nightclub addresses concerns raised by residents, bars and other establishments.
However, concerns remain among some establishments in regard to the ordinance’s widespread applicability and extensive new requirements. Businesses with an occupancy of fewer than 50 patrons are not subject to the ordinance.
The newest version of the ordinance was presented Wednesday at the second public-outreach meeting, in the community room of the Scottsdale District 3 Police Station.
A third meeting has been scheduled for 6 p.m. Aug. 8 in the Pinnacle training room of the Scottsdale Human Resources building, 7575 E. Main St., east of City Hall.
The ordinance requires establishments to file new public-safety plans, includes minimum standards for security personnel and requires those with felony incidents to hire off-duty peace officers.
If any establishment is found in repeated violation of the ordinance, it could be forced to shut down.
The ordinance is the result of Mayor Jim Lane, other city officials and downtown bar owners coming together to examine the issue of safety in the aftermath of the January fatal stabbing of Tyrice Thompson outside Martini Ranch, 7295 E. Stetson Drive. He was a bouncer there.
A second stabbing occurred at Martini Ranch in June.
“We’re not trying to be overreaching,” Lane said. “We want a cooperative environment.”
Erik Love, a bartender at the Rogue Bar in south Scottsdale, said the ordinance shouldn’t be “such a unilateral approach, but should be taken on a case-by-case basis.”
He also said it’s a “little heavy-handed to demand that we spend $10,000 or $15,000 over three months (on off-duty peace officers) because we have one issue when we’ve never had one before.”
“There are some issues with certain establishments in town, and we keep hearing their name, and yet they keep having issues, so they need to concentrate more on the problem than they do with just the folks who are running a business,” he said.
John Miller, a partner with Papago Brewing Co., at Scottsdale and McDowell roads, had numerous concerns about the “unintended consequences to small establishments,” including the cost of having to hire off-duty peace officers if “some idiot comes in off the street and pulls a knife.”
The latest revisions include:
The applicability portion no longer includes a business that “provides live entertainment.” It would apply to any establishment, such as a bar, nightclub, restaurant, bowling alley or arena, that engages in one or more of the following activities: serves liquor consumed on the premises, provides a DJ, is a strip club, is a teen dance center or uses a promoter.
All security personnel would be required to receive training provided by the Police and Fire departments within 30 days, as opposed to 60 days.
Security personnel who complete the training would be required to carry proof of it and present it to any Scottsdale police officer on demand.
The meat and potatoes of the ordinance remain intact, including:
Requiring a minimum number of security officers per number of patrons for establishments with at least 50 patrons during peak hours.
Establishments with two or more public-safety incidents within a one-week period or three or more incidents within a month are required to hire at least two off-duty peace officers to supplement security personnel during peak times for at least three months.
Sonnie Kirtley, chair of the Coalition of Greater Scottsdale, said the ordinance is a good start.
“I was really pleased to see that they made corrections that we recommended,” she said. “The one that the employees not wait (60 days) to get training is excellent.
“We would like to see the violations increased; $500 (for a first violation) for a bar is really cheap.”
Police raid Phoenix compassion club
Don't these pigs have any REAL criminals to hunt down??? You know real criminals that hurt people like robbers, rapists and muggers. Not harmless pot smokers.
Source
Police raid Phoenix compassion club
By Matthew Longdon and Jason Sillman The Arizona Republic-12 News Breaking News Team Thu Jul 25, 2013 9:37 PM
Phoenix police arrested at least five people at a Phoenix “compassion club” Thursday night where marijuana was illegally sold as if it were a medical dispensary, said Sgt. Steve Martos of the Phoenix Police Department.
A police investigation into marijuana sale lead officers to the location at 43rd Avenue and Dunlap Road, Martos said. Customers gave “donations” to the store, Vapor Lounge, and in return got marijuana edibles and liquid THC, illegal substances in Arizona, Martos said.
Compassion clubs are unregulated places where people exchange medical marijuana. Sometimes these clubs advertise themselves as medical marijuana dispensaries although they are not certified. The clubs opened in the Valley after medical marijuana advocates became frustrated by the long delay between the state Medical Marijuana Act passing in 2010 and dispensaries opening.
On July 20, Phoenix police raided a compassion club near 32nd Street and Cactus Road where three people were arrested.
Police seized medical marijuana plants and edible products containing the plant at the Arizona Vapor Room Dispensary that had no signage outside the building.
From the July 20 raid, Kenneth George Winans, 52, Hernan Andre Vega, 40, and Jeremy Lee Buford Skidmore, 34, face charges of illegal control of an enterprise, possession of marijuana for sale and possession of narcotic drugs for sale, Phoenix police said. Skidmore also faces a charge of possessing a firearm during a drug offense, police said.
Montini loves cops and unions
For some reason Montini seems to love union thugs and police officers, which many times are the same.
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EJ Montini | azcentral opinions
Institute insults first reponders -- again
Posted on July 25, 2013 5:10 pm by EJ Montini
Institute insults first reponders — again
This time around the high-priced suits at the Goldwater Institute waited until the funerals had been held before publicly trashing first responders.
That isn’t how the institute operated in May.
Back then the folks at Goldwater didn’t seem to understand the etiquette of tragedy, the decorum of honoring sacrifice.
After the deaths but before the funerals of Phoenix Firefighter Brad Harper, who was crushed between two vehicles while fighting a fire, and police Officer Daryl Raetz, who was killed by a hit-and-run driver while investigating a possible DUI accident, one of Goldwater’s senior staff members posted an article on the pensions of first responders on the think tank’s website.
The headline read: “Pension systems looting the taxpayer.”
I can’t imagine a person with any sense of deportment suggesting that first responders like Harper and Raetz were “looters.”
And I certainly couldn’t imagine them suggesting such a thing before those two brave young men were buried.
But that was a few months ago. Lessons were learned.
The institute waited a little longer this time.
It kept quiet until the last of the public funerals for the 19 hotshots who died in the Yarnell Hill Fire had been held and the big public memorial services were over.
The Goldwater people apparently figure enough time has passed and it now is okay to ridicule a group of local first responders.
This week the institute sent out a press release concerning a lawsuit it filed involving part of the contract between the city of Phoenix and its police officers. It reads in part:
“The Goldwater Institute is challenging the city’s contract with the Phoenix Law Enforcement Association (PLEA), the local police union, arguing that release time violates the gift clause found in the Arizona state constitution. Earlier this year, a judge issued an injunction against the practice, finding that release time likely is unconstitutional. Nearly all 50 states contain gift clauses in their constitutions, which means a final win by the Goldwater Institute in this case could prevent taxpayers across the country from being scammed by government unions. “
Police, firefighters and other “government unions” are scamming us?
To scam means to swindle, to defraud.
Are we supposed to believe our cops are robbers?
The “release time” mentioned in the institute’s statement refers to a negotiated agreement between the city and the union in which some union officials are freed from police duty to pursue union work.
The city knew exactly what it was getting into. No one tried to hide anything. Contract negotiations are an exchange of proposals, a complex, multi-faceted form of give and take.
I don’t see release time as a “gift,” but that is something for the courts to decide.
Besides, the institute’s lawsuit isn’t simply about release time.
The folks at Goldwater disdain public service unions. They’ve tried for years to do break them, attacking their pensions, their contracts.
A bigwig at Goldwater, speaking of public service pensions, once told a reporter from The Arizona Republic, “It’s nice they have figured out a way to rob us.”
The lawsuit involving release time goes before a judge Friday and the Goldwater folks are very excited about the possibility of getting on TV. The institute included a “note to national networks” in its press release saying Goldwater has an in-house studio from which it could produce an “immediate remote satellite feed hook-up.”
That’s very convenient, but I believe it would make better television if a nationally-televised segment was filmed out on the street. There are plenty of good locations in Phoenix.
All around the city, in many different neighborhoods, there are memorial markers noting the sites where police officers and firefighters have lost their lives in the line of duty. There are dozens of them.
If the top dogs at the Goldwater Institute believe our first responders are looters, scammers and robbers they should stand beneath one of those memorials and say it.
Even police pay has limits
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Even police pay has limits
By Editorial board The Republic | azcentral.com Thu Jul 25, 2013 6:43 PM
Police officers — indeed, all first responders — perform dangerous, difficult work for which they justifiably should earn fair, even generous, compensation from the citizens they protect and serve.
But there are limits. Or should be.
In fiscal 2003, taxpayers in Phoenix spent $7.2 million toward public-safety pension plans. This fiscal year, the tab is $129 million. It is expected to grow further, and fast. Should taxpayers simply accept whatever costs they are instructed to shoulder? Or should there be limits?
The limits question gains still more clarity when a couple of related issues are thrown in:
Pension “spiking” is one. The practice allows soon-to-retire officers, especially supervisory officers, to add the value of unused benefits to their base salary to spike their retirement income. As reported by The Arizona Republic’s Craig Harris, pension spiking has allowed a handful of retired police and fire officials to become millionaires.
It scarcely seems wrong for taxpayers to wish to limit that practice, which on its face appears to violate Arizona law prohibiting “unused sick leave, payment in lieu of vacation, payment for unused compensatory time or payment for any fringe benefits” to be used to compute retirement benefits.
Yet it has taken years for City Hall to take pension-spiking reform seriously. And, even now, Mayor Greg Stanton has declared his intent to end spiking ... when the current contract expires in another year. If it’s illegal, a contract doesn’t protect it.
The other cost issue is union-negotiated “release time” for union activities, which allows sworn officers to conduct union business on city time.
However dubious or unjustified, release-time clauses in union contracts are fairly common, although evidence shows that Phoenix’s primary police union has thoroughly abused it by lobbying the Legislature in opposition to City Council-set policies, campaigning for candidates and urging unrest against the police chief, according to Goldwater Institute litigator Clint Bolick, who sued to stop the practice.
If they want to do that on their own time, the First Amendment protects them. But doing it on the taxpayers’ dime? That’s an affront.
In April, a Maricopa County Superior Court judge found that using taxpayer money to fund union activity was not in the public interest and ordered an end to release-time activity on the part of the Phoenix Law Enforcement Association, or PLEA.
According to Judge Katherine Cooper, the practice cost taxpayers $852,000 a year, thus diverting “resources away from the mission of the Phoenix Police Department.”
The union is appealing.
Pension spiking and release time for PLEA officers are, obviously, related issues. They involve contracts between public-sector unions and city officials that raise troubling questions about who, if anyone, represented the interests of taxpayers during negotiations.
If PLEA had not so obnoxiously abused the release-time benefit, it is possible it may have escaped the scrutiny of critics, even the spending hawks at Goldwater.
Which brings us back to the question of limits. Do taxpayers have a right to ask for reasonable limits on what they pay their first responders? The line-of-duty officers who risk their lives on their behalf?
It is not an easy question to ask, considering the jeopardy public-safety officers face every day.
But here is the part of the equation that union officials and their abettors at City Hall are missing: By defending the indefensible, they are making the answer to that question easier for taxpayers every day.
Criminal shot in marijuana robbery!!!
Of course you can blame the insane "war on drugs" for this madness.
If marijuana were legal, you could buy a pound of pot for what you pay for a pound of potatoes or carrots. And of course if marijuana were legal we wouldn't have gun fights over people trying to steal this harmless weed.
When marijuana is re-legalized, like it was before 1937, insane crimes like this will stop overnight.
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Police: Phoenix homeowner shoots intruder in face
By D.S. Woodfill and Jaclyn Schultz The Arizona Republic-12 News Breaking News Team Fri Jul 26, 2013 7:28 AM
A home intruder took a bullet in the face after breaking into a house full of marijuana plants in a north Phoenix neighborhood, police said.
Phoenix Police spokesman Sgt. Tommy Thompson said the suspect broke in along with several others by smashing through a sliding glass door with a rock at about 12:30 a.m. Friday.
The intruder, a 32-year-old man, then tried to kick in a door to the bedroom. That’s when the homeowner fired a gun several times through the door, striking the suspect in the face, authorities said.
Thompson said police suspect the robbers were after the marijuana plants.
Thompson said the homeowner is also under investigation after the incident. Thompson said he had a legal marijuana card, but the 45 to 50 plants found in the house exceeded the legal limit of 12 plants.
The bullet entered the suspect’s cheek and exited the other side, possibly taking out several teeth, Thompson said. The name of the suspect has not been released.
When police arrived, the suspect was on the ground near the bedroom door, he said. His accomplices fled after the shots were fired and police are still looking for them.
The suspect was taken to the hospital and is good condition, he said. It’s not clear if the homeowner knew the suspects.
SWAT teams love the war on drugs
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Rise of the Warrior Cop
By RADLEY BALKO
On Jan. 4 of last year, a local narcotics strike force conducted a raid on the Ogden, Utah, home of Matthew David Stewart at 8:40 p.m. The 12 officers were acting on a tip from Mr. Stewart's former girlfriend, who said that he was growing marijuana in his basement. Mr. Stewart awoke, naked, to the sound of a battering ram taking down his door. Thinking that he was being invaded by criminals, as he later claimed, he grabbed his 9-millimeter Beretta pistol.
The police say that they knocked and identified themselves, though Mr. Stewart and his neighbors said they heard no such announcement. Mr. Stewart fired 31 rounds, the police more than 250. Six of the officers were wounded, and Officer Jared Francom was killed. Mr. Stewart himself was shot twice before he was arrested. He was charged with several crimes, including the murder of Officer Francom.
The police found 16 small marijuana plants in Mr. Stewart's basement. There was no evidence that Mr. Stewart, a U.S. military veteran with no prior criminal record, was selling marijuana. Mr. Stewart's father said that his son suffered from post-traumatic stress disorder and may have smoked the marijuana to self-medicate.
Early this year, the Ogden city council heard complaints from dozens of citizens about the way drug warrants are served in the city. As for Mr. Stewart, his trial was scheduled for next April, and prosecutors were seeking the death penalty. But after losing a hearing last May on the legality of the search warrant, Mr. Stewart hanged himself in his jail cell.
The police tactics at issue in the Stewart case are no anomaly. Since the 1960s, in response to a range of perceived threats, law-enforcement agencies across the U.S., at every level of government, have been blurring the line between police officer and soldier. Driven by martial rhetoric and the availability of military-style equipment—from bayonets and M-16 rifles to armored personnel carriers—American police forces have often adopted a mind-set previously reserved for the battlefield. The war on drugs and, more recently, post-9/11 antiterrorism efforts have created a new figure on the U.S. scene: the warrior cop—armed to the teeth, ready to deal harshly with targeted wrongdoers, and a growing threat to familiar American liberties.
The acronym SWAT stands for Special Weapons and Tactics. Such police units are trained in methods similar to those used by the special forces in the military. They learn to break into homes with battering rams and to use incendiary devices called flashbang grenades, which are designed to blind and deafen anyone nearby. Their usual aim is to "clear" a building—that is, to remove any threats and distractions (including pets) and to subdue the occupants as quickly as possible.
The country's first official SWAT team started in the late 1960s in Los Angeles. By 1975, there were approximately 500 such units. Today, there are thousands. According to surveys conducted by the criminologist Peter Kraska of Eastern Kentucky University, just 13% of towns between 25,000 and 50,000 people had a SWAT team in 1983. By 2005, the figure was up to 80%.
The number of raids conducted by SWAT-like police units has grown accordingly. In the 1970s, there were just a few hundred a year; by the early 1980s, there were some 3,000 a year. In 2005 (the last year for which Dr. Kraska collected data), there were approximately 50,000 raids.
A number of federal agencies also now have their own SWAT teams, including the Fish & Wildlife Service, NASA and the Department of the Interior. In 2011, the Department of Education's SWAT team bungled a raid on a woman who was initially reported to be under investigation for not paying her student loans, though the agency later said she was suspected of defrauding the federal student loan program.
The details of the case aside, the story generated headlines because of the revelation that the Department of Education had such a unit. None of these federal departments has responded to my requests for information about why they consider such high-powered military-style teams necessary.
Americans have long been wary of using the military for domestic policing. Concerns about potential abuse date back to the creation of the Constitution, when the founders worried about standing armies and the intimidation of the people at large by an overzealous executive, who might choose to follow the unhappy precedents set by Europe's emperors and monarchs.
The idea for the first SWAT team in Los Angeles arose during the domestic strife and civil unrest of the mid-1960s. Daryl Gates, then an inspector with the Los Angeles Police Department, had grown frustrated with his department's inability to respond effectively to incidents like the 1965 Watts riots. So his thoughts turned to the military. He was drawn in particular to Marine Special Forces and began to envision an elite group of police officers who could respond in a similar manner to dangerous domestic disturbances.
When A strike force raided the home of Matthew David Stewart, one officer was killed.
Mr. Gates initially had difficulty getting his idea accepted. Los Angeles Police Chief William Parker thought the concept risked a breach in the divide between the military and law enforcement. But with the arrival of a new chief, Thomas Reddin, in 1966, Mr. Gates got the green light to start training a unit. By 1969, his SWAT team was ready for its maiden raid against a holdout cell of the Black Panthers.
At about the same time, President Richard Nixon was declaring war on drugs. Among the new, tough-minded law-enforcement measures included in this campaign was the no-knock raid—a policy that allowed drug cops to break into homes without the traditional knock and announcement. After fierce debate, Congress passed a bill authorizing no-knock raids for federal narcotics agents in 1970.
Over the next several years, stories emerged of federal agents breaking down the doors of private homes (often without a warrant) and terrorizing innocent citizens and families. Congress repealed the no-knock law in 1974, but the policy would soon make a comeback (without congressional authorization).
During the Reagan administration, SWAT-team methods converged with the drug war. By the end of the 1980s, joint task forces brought together police officers and soldiers for drug interdiction. National Guard helicopters and U-2 spy planes flew the California skies in search of marijuana plants. When suspects were identified, battle-clad troops from the National Guard, the DEA and other federal and local law enforcement agencies would swoop in to eradicate the plants and capture the people growing them.
Advocates of these tactics said that drug dealers were acquiring ever bigger weapons and the police needed to stay a step ahead in the arms race. There were indeed a few high-profile incidents in which police were outgunned, but no data exist suggesting that it was a widespread problem. A study done in 1991 by the libertarian-leaning Independence Institute found that less than one-eighth of 1% of homicides in the U.S. were committed with a military-grade weapon. Subsequent studies by the Justice Department in 1995 and the National Institute for Justice in 2004 came to similar conclusions: The overwhelming majority of serious crimes are committed with handguns, and not particularly powerful ones.
The new century brought the war on terror and, with it, new rationales and new resources for militarizing police forces. According to the Center for Investigative Reporting, the Department of Homeland Security has handed out $35 billion in grants since its creation in 2002, with much of the money going to purchase military gear such as armored personnel carriers. In 2011 alone, a Pentagon program for bolstering the capabilities of local law enforcement gave away $500 million of equipment, an all-time high.
The past decade also has seen an alarming degree of mission creep for U.S. SWAT teams. When the craze for poker kicked into high gear, a number of police departments responded by deploying SWAT teams to raid games in garages, basements and VFW halls where illegal gambling was suspected. According to news reports and conversations with poker organizations, there have been dozens of these raids, in cities such as Baltimore, Charleston, S.C., and Dallas.
In 2006, 38-year-old optometrist Sal Culosi was shot and killed by a Fairfax County, Va., SWAT officer. The investigation began when an undercover detective overheard Mr. Culosi wagering on college football games with some buddies at a bar. The department sent a SWAT team after Mr. Culosi, who had no prior criminal record or any history of violence. As the SWAT team descended, one officer fired a single bullet that pierced Mr. Culosi's heart. The police say that the shot was an accident. Mr. Culosi's family suspects the officer saw Mr. Culosi reaching for his cellphone and thought he had a gun.
Assault-style raids have even been used in recent years to enforce regulatory law. Armed federal agents from the Fish & Wildlife Service raided the floor of the Gibson Guitar factory in Nashville in 2009, on suspicion of using hardwoods that had been illegally harvested in Madagascar. Gibson settled in 2012, paying a $300,000 fine and admitting to violating the Lacey Act. In 2010, the police department in New Haven, Conn., sent its SWAT team to raid a bar where police believed there was underage drinking. For sheer absurdity, it is hard to beat the 2006 story about the Tibetan monks who had overstayed their visas while visiting America on a peace mission. In Iowa, the hapless holy men were apprehended by a SWAT team in full gear.
Unfortunately, the activities of aggressive, heavily armed SWAT units often result in needless bloodshed: Innocent bystanders have lost their lives and so, too, have police officers who were thought to be assailants and were fired on, as (allegedly) in the case of Matthew David Stewart.
In my own research, I have collected over 50 examples in which innocent people were killed in raids to enforce warrants for crimes that are either nonviolent or consensual (that is, crimes such as drug use or gambling, in which all parties participate voluntarily). These victims were bystanders, or the police later found no evidence of the crime for which the victim was being investigated. They include Katherine Johnston, a 92-year-old woman killed by an Atlanta narcotics team acting on a bad tip from an informant in 2006; Alberto Sepulveda, an 11-year-old accidentally shot by a California SWAT officer during a 2000 drug raid; and Eurie Stamps, killed in a 2011 raid on his home in Framingham, Mass., when an officer says his gun mistakenly discharged. Mr. Stamps wasn't a suspect in the investigation.
What would it take to dial back such excessive police measures? The obvious place to start would be ending the federal grants that encourage police forces to acquire gear that is more appropriate for the battlefield. Beyond that, it is crucial to change the culture of militarization in American law enforcement.
Consider today's police recruitment videos (widely available on YouTube), which often feature cops rappelling from helicopters, shooting big guns, kicking down doors and tackling suspects. Such campaigns embody an American policing culture that has become too isolated, confrontational and militaristic, and they tend to attract recruits for the wrong reasons.
If you browse online police discussion boards, or chat with younger cops today, you will often encounter some version of the phrase, "Whatever I need to do to get home safe." It is a sentiment that suggests that every interaction with a citizen may be the officer's last. Nor does it help when political leaders lend support to this militaristic self-image, as New York City Mayor Michael Bloomberg did in 2011 by declaring, "I have my own army in the NYPD—the seventh largest army in the world."
The motivation of the average American cop should not focus on just making it to the end of his shift. The LAPD may have given us the first SWAT team, but its motto is still exactly the right ideal for American police officers: To protect and serve.
SWAT teams have their place, of course, but they should be saved for those relatively rare situations when police-initiated violence is the only hope to prevent the loss of life. They certainly have no place as modern-day vice squads.
Many longtime and retired law-enforcement officers have told me of their worry that the trend toward militarization is too far gone. Those who think there is still a chance at reform tend to embrace the idea of community policing, an approach that depends more on civil society than on brute force.
In this very different view of policing, cops walk beats, interact with citizens and consider themselves part of the neighborhoods they patrol—and therefore have a stake in those communities. It's all about a baton-twirling "Officer Friendly" rather than a Taser-toting RoboCop.
Corrections & Amplifications
The Consumer Products Safety Commission does not have a SWAT team. An earlier version of this article incorrectly said that it does.
Mr. Balko is the author of "Rise of the Warrior Cop," published this month by PublicAffairs.
A version of this article appeared July 19, 2013, on page C1 in the U.S. edition of The Wall Street Journal, with the headline: rise ofthe warrior cop.
Border statistics demanded by Arizona's congressional delegation
I guess the goons in the BP are only going to tell us the statistics that makes them look like heroes!!!!
Of course they didn't even ask for the statistics on the "war on drugs". Despite the "war on drugs" being almost 100 years old, since the passage of the "1914 Harrison Narcotics Tax Act" you can go to almost any high school in American and buy any illegal drug you want.
Source
Border statistics demanded by Arizona's congressional delegation
By Daniel González The Republic | azcentral.com Sat Jul 27, 2013 12:19 AM
Several members of Arizona’s congressional delegation have called on Homeland Security Secretary Janet Napolitano to release data the government collects about immigrants crossing the border illegally but refuses to make public.
The demands for more information about illegal immigration along the southern border follow an article in The Arizona Republic published July 21.
The article reported that the Department of Homeland Security routinely points to data about the number of Border Patrol apprehensions as a measure of success in reducing illegal immigration. However, the DHS refuses to release or discuss other information gathered on how many migrants evade capture, how many are caught multiple times, and what percentage of migrants successfully enter the U.S. illegally.
Republicans and Democrats from the Arizona delegation expressed concern that the refusal to release data about illegal crossings creates an incomplete and possibly misleading picture of border security. The information is particularly important now as Congress debates an overhaul of the nation’s immigration system. Part of that overhaul includes giving undocumented immigrants a pathway to citizenship contingent on improvements in border security.
“This important article illustrated the fact that one of the most devastating contributors to an unsecure border is the shortage of information,” U.S. Rep. Matt Salmon, R-Ariz., wrote in a July 25 letter to Napolitano.
His letter, prompted by the article, asks for DHS data and studies pertaining to border-crossing recidivism rates, apprehensions and the effectiveness of several strategies the government used to deter illegal immigration and drug trafficking, including fencing, vehicle barriers, electronic alert systems and additional Border Patrol agents.
Rep. Paul Gosar, a Republican, and Rep. Ann Kirkpatrick, a Democrat, also said they plan to contact the DHS asking that more information about illegal border crossings be released.
“In Congress, there is finally a bipartisan, common-sense effort to address immigration reform. Let's seize this moment, it's good for Arizona,” Kirkpatrick said in an e-mail. “I expect a rigorous debate around measurability standards and what constitutes a secure border. Let’s make sure we have all the data and information in front of us, so we can craft good and fair policy.”
Republican Reps. David Schweikert and Trent Franks and Rep. Ron Barber, a Tucson Democrat whose district includes Arizona’s southeastern border with Mexico, said they believe the DHS needs to do a better job of sharing information to ensure that border security is achieved.
“I have been raising this issue since I went to Congress one year ago,” Barber said in an e-mail. “As a ranking member of the Oversight Subcommittee of the Homeland Security Committee, I have questioned officials of the department about their poor communications with the American public and repeatedly called for greater transparency and accountability.”
Barber said he has filed amendments to a border-security bill pending in the House that would require the DHS to hold public meetings to provide critical information to border residents, other community members and the media. The bill would require the DHS to develop a comprehensive strategy for securing the border.
“This process must be followed as DHS develops its border-security strategy and establishes credible and honest measurements of success,” Barber said in the e-mail.
DHS acting press secretary Peter Boogaard said the department would respond directly to members of Congress requesting information about illegal border crossings, “not through the media.”
He said, however, that the DHS relies on multiple methods to measure border security, “each of which paints a different portion of the overall border-security picture and each of which informs tactical decision making.
“In line with this broad focus, the Administration has made significant investments in border security on a number of fronts,” Boogaard said in a written statement. “While no single metric can individually assess the state of border security, the dozens of metrics we use every day clearly demonstrate significant progress and improved quality of life at the border.”
The Republic article by reporter Bob Ortega reported that the DHS has refused to respond to the newspaper’s request for data on the number of migrants who were turned back after crossing the border illegally or got away from the Border Patrol and thus were able to successfully enter the U.S. illegally.
The Border Patrol releases information on the number of apprehensions by agents, but not on the number of migrants apprehended more than once or how many of those apprehensions are the same migrant caught multiple times. The Border Patrol does not release data on “turn-backs” or “got-aways” — people detected by agents or surveillance equipment but not caught.
The article also showed that the DHS has refused to release the same data to outside researchers, including a panel of leading statisticians, economists and demographers at the National Academy of Sciences that conducted a taxpayer-funded study on illegal immigration at the request of the DHS.
The DHS also has refused to release the results of a 2007 report by the Homeland Security Institute that studied border-crossing recidivism and the likelihood of apprehending migrants attempting to cross the border illegally, the article reported. That study, which has been updated annually, also was federally funded.
The article quoted critics who say the DHS’ failure to fully release information about illegal border crossings makes it difficult for outside researchers to analyze the effectiveness of the department’s strategy for securing the border at a time when spending on border security has soared. In the past seven years, the DHS has spent more than $106 billion on border security.
The immigration bill passed by the Senate in late June, and now languishing in the House, would provide an additional $46 billion in border-security spending and add 19,200 more Border Patrol agents along the Mexico border over the next eight years, doubling the current number.
The additional spending and agents would be used to achieve the bill’s goal of achieving an effectiveness rate of “90 percent,” meaning the DHS would capture or turn back nine migrants for every person who got away and successfully entered the country illegally.
Brian Rogers, a spokesman for Sen. John McCain, R-Ariz., said McCain has “long been troubled by the failure of DHS to develop and make public appropriate metrics to measure our success in border security.”
“This lack of disclosure has exacerbated the lack of trust in DHS and this Administration,” Rogers said in an e-mail.
McCain and Arizona’s other senator, Republican Jeff Flake, helped add language in the immigration bill passed by the Senate that includes provisions that require the Border Patrol to report to Congress on a biannual basis objective metrics to help Congress and the public determine how successful the Border Patrol is at apprehending illegal border-crossers.
When he was a member of the House, Flake also tried to get the DHS to develop better ways to measure border security.
“It’s going to be impossible for Congress to tackle immigration reform without achieving operational control of our southern border, and the federal government can’t achieve operational control if they aren’t even using it as a metric,” Flake said in a press release in November 2012, after the House passed a bill requiring the DHS to create for congressional approval a strategy for gaining operational control of the northern and southern U.S. borders.
Judge to decide if Phoenix Police have to obey the law
For some odd reason the Phoenix Police think they are above the law and don't have to obey it.
Of course if we were to do the same thing and say we didn't have to obey the drug laws because they are unconstitutional we would be instantly thrown in jail for breaking the law.
Source
Judge to rule on pay for Phoenix officers’ union work
By JJ Hensley The Republic | azcentral.com Sat Jul 27, 2013 9:03 AM
The long-running dispute about whether Phoenix police employees should be compensated for work they do on behalf of a labor union is finally in the hands of a Maricopa County Superior Court judge.
Those involved, including two competing conservative think tanks and one representing the police union and Phoenix, presented their final arguments Friday before Superior Court Judge Katherine Cooper, who cut off several of the attorneys during their presentations to ask the same question: Why should I rule in your clients’ favor?
The city’s agreement with the Phoenix Law Enforcement Association, approved on a split council vote last year, authorizes the labor group to place six police officers in full-time roles with the union and allows a bank of hours those union officials can offer to other officers to perform union work.
The bank of hours includes more than 1,800 for training and conferences, and the contract authorizes full-time union employees to receive straight-time pay when they work overtime. Estimates put the cost of the practice at about $850,000 each year.
Cooper enjoined the practice before the union’s contract expired last year, following a lawsuit from the Goldwater Institute, and she again halted “release time” after a new contract was approved in 2012 that reauthorized the practice.
Goldwater sued the city and the union, arguing that the practice violated the state Constitution’s gift clause. The gift clause requires that public entities receive substantial benefit from any public money they spend.
The trio of attorneys representing the city, police union and conservative-advocacy group Judicial Watch argued that the City Council has the authority to approve such agreements. The attorneys told the judge that the release-time payments are a pittance compared to the entire labor agreement and that release time is part of the union members’ overall compensation package, like an insurance policy, which they should control.
The Goldwater Institute has invoked the gift clause in the past five years to oppose shopping developments, financing for a professional hockey team and tax incentives for an aquarium in Tempe.
State law prohibits public entities from making donations, grants or subsidies to private corporations or associations. But the Arizona Supreme Court has ruled that public bodies do not violate the clause if the expenditure has a public purpose and does not amount to an abuse of the government’s discretion.
Putting payments to police officers in the same category as tax incentives to real-estate moguls seems odd to supporters of the union’s position, but Goldwater Institute attorney Clint Bolick told Cooper on Friday that release time clearly fits the clause’s definition.
“Release time is a gratuity for PLEA,” Bolick said. “Release time is owned by PLEA, controlled by PLEA and used for the benefit of PLEA. As a result, it must be analyzed under the gift clause.”
The Phoenix Law Enforcement Association, the labor union that represents the majority of Phoenix officers and negotiates the contract with the city, has had the agreement allowing release time in place for 37 years, Mike Napier, the group’s attorney, told Cooper.
Other jurisdictions around the nation take different approaches to allow officers time off to represent one another during grievance proceedings, to respond to emergencies such as an officer-involved shooting and to conduct negotiations with city officials.
Some cities, including Chicago and Los Angeles, allow labor groups to reimburse the city for the union release time, according to court documents the Goldwater Institute filed. Houston and Fort Worth, Texas, have a bank of release-time hours to which officers can donate vacation time.
In Dallas, where Phoenix Police Chief Daniel V. Garcia rose to the rank of assistant chief in a 33-year career, the leaders of the largest labor group request “business leave” from their supervisors to conduct union business and are paid for their time through union dues.
After Cooper’s initial injunction, Phoenix officials proposed a system that would require full-time union officers to create a log of their hours and activities and that would require the union to reimburse the city for hours spent doing work that was not determined to be for a public purpose.
The union rejected those proposals, and the contract was approved through 2014 with few changes.
Attorneys for the union, the city and Judicial Watch said Cooper would need to determine that the City Council abused its discretion when it kept release time in the contract.
“Do not substitute your judgment for that of the council,” Napier said.
Cooper didn’t indicate when she might rule on the case.
Pot use inches higher in Scottsdale district
I'd rather have the kids smoking pot then drinking booze. It's much safer.
Source
Survey: Pot use inches higher in Scottsdale district
By Mary Beth Faller The Republic | azcentral.com Fri Jul 26, 2013 8:35 AM
The results of a survey on teen drug use showed a decline in alcohol, cigarette and prescription-drug use but an uptick in marijuana use in the Scottsdale Unified School District.
The district also reported more violations of its drug policy in the first part of the 2012-13 school year compared with the year before, and school officials surmise that is due to increased use of marijuana.
The Arizona Youth Survey 2012, released in the spring, found that among eighth-, 10th- and 12th-graders in the Scottsdale district, about 19 percent reported using marijuana in the previous 30 days, up from about 18 percent reported in the 2010 survey and 14 percent in 2008.
For lifetime usage, about 34 percent had tried it, compared with about 32 percent in 2010 and 28 percent in 2008.
Marijuana was the only substance that showed an upward trend, and Scottsdale’s rates were slightly higher than the statewide rates.
Drug violations in schools increased from 90 incidents in 2011-12 to about 120 in 2012-13, according to district data.
Alcohol is by far the most-used drug in Scottsdale, as well as statewide. About 58 percent of those polled in Scottsdale said they had tried alcohol, down from about 60 percent in 2008 and 2010. Thirty-day use has been steady over the last three surveys at about 36 percent.
Milissa Sackos, executive director of student services for the Scottsdale district, reported the results this spring to the governing board.
“We were very pleased,” Sackos said of the overall picture. “There’s still a lot of work ahead but we’re moving in the right direction.”
The good news is that most general risk factors, such as access to handguns and drugs, family conflict and academic failure, declined statewide and locally. And most “protective factors,” such as school and community engagement and family attachment, increased.
John Balles, a psychologist and clinical services coordinator for the district, credits the Positive Behavioral Interventions and Supports system with helping to boost protective factors. That system will be used in 19 district schools this year.
“PBIS helps to increase school connectedness, and as students feel more connected to school, they’re less likely to engage in risky behaviors like using drugs or alcohol or binge drinking,” he said.
The positive-reward system also was credited for a decrease in tardiness, unexcused absences, and alcohol and cigarette violations this past school year compared with the previous year.
Balles said the schools work with law enforcement to promote education on marijuana, as well as all drugs.
School officials also talk to students.
“We get good information from our students on the best time to educate them about not using marijuana and the best way to deliver that message,” he said.
Statewide, the survey showed that lifetime use of alcohol, cigarettes, smokeless tobacco, cocaine, inhalants, methamphetamine, heroin, ecstasy, prescription medication and over-the-counter drugs decreased from 2008 to 2012. The survey also showed declines in binge drinking, driving while drunk or getting into a car with someone who was drunk.
Statewide, the number of teens who had ever tried marijuana decreased from 2010 to 2012, but was higher than in 2008.
In addition, statewide 30-day use of marijuana was nearly the same as in 2010, and up from 2008. About 12 percent of respondents said they got the drug from someone with a medical marijuana card.
The survey polled about 63,000 eighth-, 10th- and 12th-graders in 349 schools across the state.
--------------
Drug use in schools
The Arizona Youth Survey 2012 results, released this past spring, showed these results for Scottsdale Unified School District teens, and for teens statewide.
Ever tried marijuana: 34 percent in SUSD/29 percent statewide.
Used marijuana in past 30 days: 19 percent/14 percent.
Ever tried alcohol: 58 percent/52 percent.
Used alcohol in past 30 days: 36 percent/28 percent.
Ever tried a cigarette: 25 percent/29 percent.
Smoked a cigarette in the past 30 days: 11 percent/12 percent.
Stop Russia’s affront
If you ask me there isn't much difference between putting people in prison for being gay and putting people in prison for smoking marijuana.
Both are victimless crimes that harm no one. Well other then offend a few religious nut jobs who would love for the government to force their religous beliefs on the rest of us.
Source
Stop Russia’s affront
Fri Jul 26, 2013 6:32 PM
Russia’s new anti-gay laws are an affront to human rights. They classify anything deemed “homosexual propaganda” as pornography and permit the state to arrest/fine anyone, gay or straight who denies homosexuality is evil. Russian police may arrest and detain gay, lesbian, or pro-gay tourists. Adoption of Russian-born children by anyone in a country with same sex marriage is banned.
Economic pressure is the only way to back Putin down. We must ask our national leaders to condemn the anti-gay pogrom and demand repeal of the laws before the 2014 Winter Olympics in Sochi.
If the laws are not rescinded, we must ask the Olympic Committee to boycott the Games rather than inject millions into Russia’s economy. If the Games proceed and Putin’s actions are not condemned, it will appear that Putin is being rewarded for his anti-gay stance. What group will he next ostracize and outlaw in his push for power?
— Susan Hurley, Mesa
A good alibi won't keep you out of prison???
State inmate Deon Patrick hopes for freedom as co-defendant exonerated
Air tight alibi??? Don't make me laugh. You were at work when the murder occurred, have time cards to prove it along with 6 witnesses, and a video tape.
Don't think you have an airtight alibi, some prosecutor will get a dumb jury to convict like like they did to Deon Patrick.
I have posted a number of articles of innocent people like Deon Patrick who had air tight alibis but were still framed by the police and convicted of murders or other crimes they didn't do.
Last but not least the bogus confession given by Deon Patrick sounds like on that was obtained using the "9 Step Reid Method"
Source
State inmate Deon Patrick hopes for freedom as co-defendant exonerated
By Steve Mills, Chicago Tribune reporter
July 27, 2013
MENARD, Ill. — On the day late last month that an exonerated Daniel Taylor walked out of the state prison here, Deon Patrick held an emotional farewell meeting with his close friend, expressing hope that he, too, would be freed soon.
After all, both were sentenced to life in prison without the possibility of parole for a 1992 double murder. The cases against them and six co-defendants were built on confessions in which all eight incriminated each other.
Patrick and his lawyers believe that the fatal flaw in Taylor's case — that he was being held in a police station lockup when the murders took place — would unravel Patrick's conviction as well since the cases were so tightly intertwined through the interlocking confessions.
In a lengthy interview this week at Menard Correctional Center in southern Illinois, Patrick struck a bittersweet note, elated for his friend but frustrated that he remains locked up.
"It was hard to watch him leave," said Patrick, 41, who has been imprisoned for about half his life. "But by the same token I wanted this to happen because it meant finally somebody was listening."
Patrick finds himself in the same position as other inmates whose co-defendants had been exonerated — left behind but not without hope.
After death row inmate Aaron Patterson was pardoned by then-Gov. George Ryan in 2003, co-defendant Eric Caine waited eight years until his release, even though both cases were built on confessions obtained by the police through torture. Just this week the Chicago City Council approved a payout of $10 million to Caine to settle his wrongful-conviction lawsuit.
Herbert Whitlock was released in 2008, four years after co-defendant Gordon "Randy" Steidl was set free, despite the fact that the evidence against both in a 1986 double murder in Edgar County in east central Illinois depended on witnesses whose testimony had been undermined.
For Patrick, much like in those cases, the lion's share of attention had long been directed at Taylor, whose alibi that he was in custody at the time of the murders was unusual and powerful.
After Taylor's release June 28, Cook County State's Attorney Anita Alvarez said her office began an in-depth review of Patrick's conviction and vowed to work with urgency since Patrick remains in prison.
Alvarez's words are cold comfort for Patrick, though. He said he had watched with dismay as prosecutors fought for close to two decades to keep Taylor in prison, despite police records showing he was locked up when the murders occurred.
"It sometimes makes you wonder how they do the things they do and then go to sleep at night," Patrick said in a small prison room separated by glass from a reporter.
Patrick is a thick-set man with gray creeping into his neatly trimmed beard. He has a deep voice, and his dark eyes sometimes give him an almost baleful expression. But that is belied by the easy smile that frequently breaks out across his face and his warm manner.
Patrick recalled how after the death of his mother when he was 16 he spent a lot of time on the street, at one point picking up a robbery conviction that sent him to a boot camp for four months.
"It changed the course of my life," he said of her death. "It made me have to become grown when I wasn't ready for it."
Patrick was 20 when he was arrested with Taylor and six others for the fatal shootings of Jeffrey Lassiter and Sharon Haugabook in Lassiter's apartment, not far from Clarendon Park on Chicago's North Side.
Patrick said he asked police to call a lawyer who had represented him on another case but they refused. [5th Amendment rights??? You ain't go no stinking 5th Amendment rights around cops!!!] He said the detectives and a prosecutor, Assistant State's Attorney Joe Magats, pressed him to admit his role in the murders but that he repeatedly refused.
"I'm telling them I didn't know nothing about the crime," he said.
Patrick said the detectives showed him statements from some of his co-defendants implicating him in the murders and even brought some of them into the interrogation room and told him they had identified him as being involved in the crime. Still, Patrick said, he insisted he was innocent. After about 30 hours in custody, though, Patrick said he started to lose all hope of ever being released and signed a four-page confession that Magats wrote out for him. [This sounds like a typical confession obtained using the "9 Step Reid Method". The police question the suspect for many long hours, and get this promise to let them go home after they sign a confession. Yea, sure they get to go home - home to prison. But the pressure exerted by the cops is usually enough to get the confession and for the cops all they care about is the confession so they can get another raise by saying they solved another crime.]
"It was a mental strain, the threats of never seeing your kids again, the threats of going to death row," Patrick said.
Magats, who also took Taylor's longer formal confession, now is a deputy chief of the criminal prosecutions bureau, a high-ranking post in the state's attorney's office. He declined to comment for this story through an office spokeswoman.
In the confession, Patrick identified himself as a member of the Conservative Vice Lords street gang since he was about 9 and said that he, Taylor and two others went inside Lassiter's apartment while four other teens stayed outside and acted as lookouts. According to Patrick's confession, co-defendant Dennis Mixon gave him a gun and Patrick shot Lassiter. Mixon then shot Haugabook, the confession said.
Taylor's confession, though, claimed that Patrick shot both victims.
"The sole piece of evidence against Deon was his confession. There wasn't any physical evidence. And nothing else," said Nicole Auerbach, Patrick's attorney. "And what we know now is that this couldn't possibly have happened the way they said it happened."
Patrick said he could not offer police an alibi after his arrest two weeks following the murders because he could not recall where he was that night. Later, though, he said he remembered he had been at the home of a friend's sister watching a football game on TV.
At Patrick's trial, his attorney did not call the friend's sister as a witness to support his alibi, and Patrick did not testify in his own defense. Years later, the woman provided Patrick an affidavit confirming his alibi.
Patrick was convicted by a jury. Prosecutors sought the death penalty, but he was sentenced to life in prison.
Three of the co-defendants either had their charges thrown out or were acquitted at trial, but Taylor, Mixon and two others were convicted with Patrick. The two others received shorter sentences and are free. But Mixon, who is serving a life sentence, has since admitted taking part in the murders and absolved the other seven of involvement. He has even named another man as an accomplice in the killings.
Prison, according to Patrick, has been "miserable." He missed his two young children growing up and has had few visits from his family or friends. His hopes were raised when a 2001 Tribune investigation, while focusing largely on Taylor and uncovering additional evidence of his innocence, suggested that the entire case was flawed. But prosecutors continued to fight.
Patrick's hopes were raised again when Alvarez's predecessor, Dick Devine, launched an investigation into the prosecution in response to stories in the Tribune. But Patrick said officials from the office tried to get him to implicate another man in the murders and showed no interest in his claim of innocence. Documents that were later turned over to Taylor's attorneys suggested Devine's inquiry was focused on preserving the convictions.
"It was almost like we were back at the police station," Patrick said of the officials who talked with him at the time. "They were yelling."
Now, Patrick has a newfound hope. After Taylor's goodbye, he said he turned off his TV and began studying his case again. By chance, that same day he received in the mail a copy of a new appeal that his lawyers were filing. What's more, he learned that Alvarez's conviction integrity unit would review his case after throwing out Taylor's conviction. He was reluctant to be optimistic, he said, but hope crept in anyway.
He has begun to let himself daydream about seeing his children — now adults — in the outside world. He has also let himself think of seeing Taylor again.
"I know that one day I'll be able to be out there with him," Patrick said.
smmills@tribune.com
It's impossible to fire a crooked police chief????
Glendale Police Chief Greg Dominguez threatens to burn down store and kill employees
It's impossible to fire a crooked police chief????
Sounds like it.
Glendale’s assistant police chief Greg Dominguez threatened to burn down Spanky’s Smoke Shop in Peoria for selling “stuff” to his son. Assistant police chief Greg Dominguez also threatened to kill a store employee.
If a civilian threatened to burn down the Glendale City hall and kill the mayor of Glendale for giving the Coyotes millions of our tax dollars that civilian would be in prison right now. But when the Glendale police chief does the same thing it's no big deal.
Source
Board: Glendale's former assistant police chief should be reinstated
By Miguel Otarola The Arizona Republic-12 News Breaking News Team Thu Jul 25, 2013 5:32 PM
Glendale’s former assistant police chief should get his job back, so said a personnel oversight board Wednesday after reviewing his demotion.
The city’s Personnel Board voted 3-1 to recommend Greg Dominguez’s reinstatement after a four-and-a-half hour appeal hearing that ended at 10:45 p.m.
Dominguez was bumped down to commander in April following accusations that he threatened to burn down Spanky’s Smoke Shop in Peoria for selling “stuff” to his son. That stuff, Dominguez later said, was the synthetic drug known as “spice.”
The police report said Dominguez returned to the store and threatened to kill an employee if the store kept selling to his son. Dominguez was off-duty during the incidents and did not announce he was an officer, said David Leibowitz, spokesman for the Glendale chapter of the Fraternal Order of Police. Leibowitz added Dominguez was not wearing his police uniform or driving a patrol car.
In addition to his demotion, Dominguez was suspended for five days without pay by Chief Deborah Black in April following a internal affairs investigation.
The board listened to arguments from the city attorney and Dominguez’s lawyer, Neil Landeen, as well as testimony from Black Wednesday night. In the end, those voting in favor of Dominguez said the punishment was too harsh.
The personnel board hears appeals regarding disciplines, according to the Glendale city website. It is made up of five residents appointed by Glendale City Council.
The board’s recommendation will go to City Manager Brenda Fischer, who began her position earlier this week. Fischer has the choice of upholding Black’s demotion or reinstating Dominguez as assistant police chief.
“I’m sure she will want to go forward ... and make a decision sooner rather than later,” said Julie Pendergast, president of the Glendale Chapter of the Fraternal Order of Police.
The police department has two assistant police chief positions. Currently Rick St. John is the only sitting assistant chief and the other position is unfilled. Commander Matthew Lively is serving in the interim.
Dominguez has served with the Glendale Police Department for 28 years, according to the department’s website.
Leibowitz said Wednesday’s recommendation was still not a reason for Dominguez to celebrate.
“This is not time for a victory lap. This is an intermediate step,” he said. “(Greg) is obviously very grateful to have the opportunity to have the city manager decide this case.”
Justin Harris, president of the Glendale Law Enforcement Association, called the personnel board’s decision, “the right call.”
Department officials did not return several calls requesting interviews.
“He is not looking to avoid responsibility of what happened,” Leibowitz said. “He just loves his job.”
ACLU to court: Begging in Arizona is not a crime
Source
ACLU to court: Begging in Arizona is not a crime
Citing First Amendment, group sues to stop panhandling arrests
• Howard Fischer Capitol Media Services
PHOENIX - The American Civil Liberties Union wants a federal judge to block police in Arizona from enforcing a law making begging a crime, calling it an infringement on free speech.
ACLU attorney Dan Pochoda said the measure is unconstitutional because it makes people subject to arrest not because they are loitering, but because of what they are saying. He contends asking someone for money is no different from politicians seeking support on the same public streets.
The lawsuit is most immediately aimed at the city of Flagstaff which, in an effort to help local merchants, has used the law to arrest hundreds of people. Pochoda wants those arrests halted.
But he also wants U.S. District Judge Neil Wake to rule the state law itself is void, making it unenforceable anywhere in Arizona.
Attorney General Tom Horne declined to comment.
"It's being reviewed," he said. And Kimberly Ott, spokeswoman for Flagstaff, said city officials would have nothing to say until the council gets a chance to review the lawsuit next month.
The law has been on the books for years. But it was not until 2008 when Flagstaff police, responding to complaints by merchants, started to use it to have undercover officers make arrests.
Police admit the idea is to sweep the streets of panhandlers early in the day, before they can cause more problems later. The department even said Operation 40, as it has been called - both after Interstate 40, which bisects the city, and the 40-ounce bottles of beer popular with some - has resulted in an overall decrease in crime.
Pochoda said police remain free to arrest those who commit specific crimes. What they cannot do, he said, is this kind of pre-emptory approach.
"There's no doubt that peaceful begging is speech, fully protected under the First Amendment," he said.
His position is backed by a 9th U.S. Circuit Court of Appeals ruling in 2006 striking down a Las Vegas ordinance banning soliciting for money in particular areas of that city.
The judges in that case acknowledged the ordinance was designed not so much to stop the begging but to control "the secondary effects of solicitation." But the appellate court said the law was invalid because it affected only a particular kind of speech, in this case, begging.
Two years later, U.S. District Judge Roslyn Silver used that to strike down a Cave Creek ordinance making it illegal to stand on or near a road to beg or solicit a job.
"It prohibits solicitation speech, but not political, religious, artistic or other categories of speech," Silver wrote.
"It also prohibits solicitation on the topics of employment, business or contributions, while allowing solicitation of votes or ballot signatures."
Pochoda, in his request for an injunction, said the state law, and the way it is enforced, has the same problem.
"A solicitation to vote for a candidate or attend a concert, join an organization or eat at a particular restaurant, delivered in the same manner and tone as that for money, would not result in violation or arrest," he told Wake in the request for the injunction.
No date has been set for a hearing on the injunction request.
"There's no doubt that peaceful begging is speech, fully protected under the First Amendment."
John McCain is against the "military police state"???
Kyrsten Sinema votes to support the military police state???
John McCain is against the "military police state"???
That's probably as accurate as Hitler saying he loves Jews.
And allegedly anti-war, anti-police state Kyrsten Sinema
seems to have turned into a supporter of the military industrial complex
and the police state.
Kyrsten Sinema voted against the bill which would have curbed the NSA surveillance operations.
Kyrsten Sinema when she was an Arizona elected official tried to flush Arizona's medical marijuana program (Prop 203) down the toilet introducing a bill that would have slapped a 300 percent tax on medical marijuana.
Source
McCain: More transparency on NSA
By Dan Nowicki The Republic | azcentral.com Sat Jul 27, 2013 7:51 PM
U.S. Sen. John McCain says last week’s narrow U.S. House vote on the National Security Agency’s phone-record collecting demonstrates the need for President Barack Obama’s administration to better explain the controversial anti-terror program to an anxious public.
The Republican-controlled House voted 217-205 Wednesday to defeat an amendment that would have drastically curtailed the NSA’s snooping practice, which has rattled privacy advocates and civil libertarians across the political spectrum since it was disclosed in early June.
“I think it’s a combination of right and left, but I think it’s a little more than that. And that is, there’s suspicion out there,” McCain, R-Ariz., told The Arizona Republic. “Because I don’t think there has been enough communication with the American people as to exactly what they’re doing and what they’re not doing. In other words, it concerns all of us that the government might be invading our privacy. So there’s going to have to be legislation that calls for greater transparency and sharing of methodology without compromising our ability to defend this country.”
The split in Arizona’s House delegation illustrates how the NSA issue has blurred traditional partisan and ideological lines. Republican U.S. Reps. Paul Gosar, Matt Salmon and David Schweikert joined Democratic U.S. Reps. Raúl Grijalva and Ed Pastor in voting to curb the NSA surveillance operation. Democratic U.S. Reps. Ron Barber, Ann Kirkpatrick and Kyrsten Sinema [looks like the allegedly anti-war peacenik Kyrsten Sinema now supports the police state and military industrial complex] and Republican U.S. Rep. Trent Franks opposed the amendment to essentially kill the program, which was developed as part of the war against terrorism that followed the Sept. 11, 2001, attacks on the World Trade Center and the Pentagon.
“I doubt if there would have been that vote on Sept. 12, 2001,” McCain said.
In other developments:
McCain is continuing to push bipartisan legislation that over four years would phase out the $1 bill and replace it with a $1 coin. He argues the transition would modernize U.S. currency while saving taxpayers billions of dollars and reducing the deficit.
But a gossip columnist for the Hill, a Washington, D.C., newspaper, last week asked him about one constituency that has been cool to the coin idea: strippers and exotic dancers who collect dollar bills as tips during their stage performances.
“Then I hope that they could obtain larger denominations,” McCain told The Hill, eventually adding, “Fives, tens, one hundreds!”
On Friday, McCain clarified to The Republic that he weighed in only when “pressed about the predicament” by the media.
“I was asked about it. ... I don’t frequent those establishments,” McCain said. “I don’t presume to know what’s best. I think I’m an expert on a lot of national-security issues, but that’s one that I’m not really well-versed in.”
McCain’s “a la carte” cable television bill got a boost last week when U.S. Sen. Richard Blumenthal of Connecticut announced that he would sign on as its lead Democratic co-sponsor.
McCain this year revived legislation that would encourage cable and satellite TV providers to offer customers the ability to purchase only the channels they want to watch instead of having to buy an expensive bundle. The bill, which faces stiff resistance from the influential telecommunications industry, remains a longshot to become law, but Blumenthal’s participation could help its chances in the Democrat-controlled Senate.
“We’re having a lot of fun with it,” McCain said. “We’re making those lobbyists earn their salaries.”
Nowicki is The Republic’s national political reporter.
John McCain and Barack Obama working together???
And it ain't about good government. It's kind of like the typical "I will vote for your pork if you vote for my pork" line.
Or you could think of it like the Crips and the Bloods working together corner the heroin market in South Central Los Angeles.
[Not that I have anything against heroin, I think it should be legalized]
Sadly ever since Barack Obama got elected he pretty much has been a clone of both George W. Bush and John McCain.
Source
Barack Obama and John McCain: Washington's newest odd couple
Posted: Sunday, July 28, 2013 1:14 pm
Associated Press
There was no conciliatory phone call, no heart-to-heart talk to soothe the tensions. No one knows exactly when President Barack Obama and Republican Sen. John McCain went from bitter rivals in the 2008 presidential campaign and foes over health care and national security to bipartisan partners.
Yet in recent months, an alignment on high-profile domestic issues — not to mention an eye on their respective legacies — has transformed Obama and McCain into Washington's most unexpected odd couple. The Arizona senator is a regular visitor to the West Wing and in near-daily contact with senior White House officials.
McCain, in an Associated Press interview, said that he and Obama "trust each other." White House chief of staff Denis McDonough, among the Obama advisers who speak regularly with McCain, praised the lawmaker as a "refreshing" partner who "welcomes a debate and welcomes action."
Like any good business arrangement in the nation's capital, the secret to the new Obama-McCain alliance ultimately comes down to this: Both sides believe that working together is mutually beneficial and carries little political risk.
For Obama, the senator has become a rare Republican backer of important elements on the president's second term agenda, including immigration overhaul, stricter background checks for gun buyers, and perhaps a fall budget deal.
In return, McCain has secured increased access to the White House and an opportunity to redeem his reputation as a Capitol Hill "maverick." That image was tainted when McCain tacked to the right during his failed 2008 presidential run against Obama.
"I've told the people of Arizona, I will work with any president if there are ways I can better serve Arizona and the country," McCain said. "That seems to be an old-fashioned notion but it's the case."
Indeed, the level of attention lavished on a functional working relationship between the Democratic president and the Republican senator underscores how rare such partnerships have been during Obama's tenure.
Lawmakers, including some Democrats, long have chafed at Obama's distant dealings with Capitol Hill and his supposed lack of understanding about how Congress operates.
It's unlikely that Obama and McCain's partnership will lead to a larger detente between the White House and congressional Republicans. While McCain may have sway over some like-minded members of the Senate Republican caucus, he has considerably less influence with his party's more conservative wing, particularly in the GOP-controlled House.
Still, the White House is hopeful that forging policy breakthroughs with McCain and other Senate Republicans will isolate the House GOP and perhaps persuade them to act.
The first test of that strategy probably will be the White House-backed immigration overhaul. McCain helped write and shepherd the bill through the Senate last month. Its future in the House is deeply uncertain.
The administration also will try to work with McCain ahead of impending budget battles, McDonough said, given that the senator and the White House agree there is a negative impact from across-the-board federal budget cuts, particularly on the military and defense industry.
McDonough said it's not just a shared view on policy that has made McCain an attractive partner to Obama on these and other issues. It's their mutual disdain for Washington meetings that never move beyond the standard talking points.
"Part of what's great to work with him is his impatience with that," McDonough said. "You can kind of get into the meat of the matter very quickly"
Obama and McCain were never close during the president's brief tenure in the Senate. While McCain is a creature of Capitol Hill, Obama largely saw Congress as a stepping stone to bigger things. The relationship deteriorated during frequent clashes in the 2008 presidential campaign, and it often appeared during Obama's first term like it would never recover.
In 2010, the two sparred during a televised negotiating session on health care. McCain chastised Obama for brokering deals behind closed doors, to which the president snapped, "We're not campaigning anymore. The election is over."
McCain replied: "I'm reminded of that every day."
White House advisers still bristle over McCain's accusations that the administration covered up details of last year's deadly attacks on Americans in Benghazi, Libya, as well as his relentless criticism of former U.N. Ambassador Susan Rice's role in that alleged effort.
McCain's criticism contributed to Rice's decision to withdraw from consideration as Obama's secretary of state. She now serves as White House national security adviser, a post that does not require Senate confirmation.
McDonough acknowledged that McCain's role in keeping the Benghazi controversy alive has been a source of frustration. But he credited the senator with largely shelving his criticism of Rice once she joined the White House staff.
"The way he's worked with her since she became national security adviser speaks to his interest in making sure that even where we disagree, we're finding a way to work together when we can," McDonough said. "I know the president has appreciated that."
McCain said his stronger ties with the president on domestic issues won't keep him from challenging the president on national security issues, including Syria, where McCain backs a more aggressive U.S. response than does the administration. But he said there's a way to strike an appropriate balance.
"He is the president of the United States," McCain said. "You can strongly disagree and still be respectful."
Low-level staff have access to ‘invasive’ surveillance
Greenwald: Low-level staff have access to ‘invasive’ surveillance
Yea, sure - You have nothing to worry about unless you are a criminal. Your emails and phone calls are safe from the prying eyes of government bureaucrats - honest!!!!
Source
Greenwald: Low-level staff have access to ‘invasive’ surveillance
By Aaron Blake, Published: July 28 at 10:57
Glenn Greenwald, the journalist who has worked with Edward Snowden to reveal sensitive national security information, said Sunday that low-level National Security Agency staff and contractors have access to a powerful and invasive tool that can provide them the e-mails and phone calls of basically anybody — up to and including the president.
“The NSA has trillions of telephone calls and e-mails in their databases that they’ve collected over the last several years,” Greenwald said on ABC’s “This Week.”
He then detailed the program, which he said only require an e-mail or an IP address to return data on Americans.“It searches that database and lets them listen to the calls or read the e-mails of everything that the NSA has stored, or look at the browsing histories or Google search terms that you’ve entered, and it also alerts them to any further activity that people connected to that e-mail address or that IP address do in the future,” Greenwald said.
Greenwald, who is set to testify on Capitol Hill on Wednesday, suggested intelligence officials are lying when they say low-level staff have no such access to that information. He said he “defies” intelligence officials to deny the program’s existence.
“It’s an incredibly powerful and invasive tool — exactly of the type that Mr. Snowden described,” Greenwald said.
Appearing on the same show, Senate Intelligence Committee Ranking Member Saxby Chambliss (R-Ga.) cast doubt on Greenwald’s reporting.
“I was back out at NSA just last week, spent a couple hours out there with high-level and low-level NSA officials, and what I have been assured of is there is no capability … at NSA, for anyone without a court order to listen to any telephone conversation or to monitor any e-mail,” Chambliss said.
Chambliss also said any access that low-level staff had to such personal information would be accidental.
“In fact, we don’t monitor e-mails. That’s what kind of assures me is that the reporting is not correct. Because no emails are monitored now,” Chambliss said. “They used to be, but that stopped two or three years ago. So I feel confident that there may have been some abuse, but if it was it was purely accidental.”
A push in Mexico City to legalize marijuana use
Source
A push in Mexico City to legalize marijuana use
By Fernando Gómez Mont and Jorge G. Castañeda, Published: July 26
Fernando Gómez Mont was Mexico’s interior minister in the administration of Felipe Calderón. Jorge G. Castañeda was minister of foreign affairs in the administration of Vicente Fox.
Last year, voters in Colorado and Washington state approved initiatives legalizing the recreational use of marijuana. While the details are being worked out, those watching the developments are in not only the United States. Mexico, too, is taking note, having paid an enormous price waging a costly — and, to a certain degree, futile — years-long crusade against drugs in consonance with the international community’s punitive approach.
A growing number of Mexicans are asking logical questions: Why should their leaders follow a path that provokes violence, generates human rights violations, erodes the country’s image abroad and costs a fortune — mainly to stem the northern flow of drugs? Why spray and uproot marijuana fields in the hills of Oaxaca, search for tunnels in Tijuana and incarcerate “weed” traffickers in Monterrey if consumption is made legal in parts of the United States? Why deploy such an enormous effort to deter drug trafficking if Washington does virtually nothing to stop the flow of firearms to Mexico — and has concluded that it can, and should, prevent migrants from Mexico and Central America from entering the United States? If Congress can “secure” the border against people, using walls and drones, why can’t it do the same against drugs or guns and, in the process, respect Mexico’s right to design its own policies?
These sentiments are part of the reason for a change in Mexican attitudes toward drugs in general and marijuana in particular. Two former presidents — Ernesto Zedillo and Vicente Fox, who both vigorously fought drug trafficking and consumption while in office — have concluded that this approach is doomed and that a better policy would include decriminalizing marijuana use and commerce. Then-President Felipe Calderón called on the U.N. General Assembly last year to change its focus, eliminating the perverse incentives that strengthen transnational organized crime and gravely affect the rule of law and democracy in some countries.
Mexico is a highly conservative country whose population remains largely opposed to legalizing marijuana. But an increasing number of business, political and academic leaders are shifting their views. The city council of Mexico City, which has authority to legislate health and law enforcement issues, is contemplating a measure that would, in effect, allow the regulated possession and use of marijuana. Already, Mexicans can legally possess five grams of marijuana, an amount much smaller than what is commonly sold, bought or shared. Effectively decriminalizing marijuana would be in line with liberal attitudes in the capital and laws that rest on the firm belief that the right to privacy includes certain personal choices, even — or especially — when not shared by the majority.
We and other former cabinet secretaries — Pedro Aspe, finance minister to Carlos Salinas, and Juan Ramón de la Fuente, health minister to Zedillo — have joined with Mexico’s leading public intellectual and a prominent social activist to push for legalization in Mexico City. The four of us occupied senior posts directly related to the drug issue in Mexico’s previous four administrations. Along with Héctor Aguilar Camín, editor of the monthly Nexos, and Maria Elena Morera, founder of México Unido Contra la Delincuencia (Mexicans United Against Crime), we are encouraging Mexico City authorities to proceed promptly.
For practical and political reasons, our effort is limited to decriminalizing the use of marijuana in the federal district, though some believe that the same case can be easily made for other drugs in the whole country. A reform that restrains its effects to marijuana is achievable; going furtherdoes not seem feasible today. Another reason for moving slowly, though firmly, is the impact this decision would have on the relationship between Mexico and the United States.
President Enrique Peña Nieto opposes legalization but seems open to a broad debate and to whatever consensus would emerge — locally, nationally or regionally. He may accept Mexico City’s decision even if he doesn’t like it, much as President Obama seems to have resigned himself to the Colorado and Washington legislation. Mexico has ratified treaties banning illicit substances, but these international agreements allow governments to set their own policies within certain limits; consider Dutch and Portuguese leniency. The United States should support its neighbor as it seeks leeway for its own stance, even if that conflicts with U.S. policy.
Mexicans have paid a high cost in the struggle against drugs. We know that this war cannot be won. This fight should be waged by physicians rather than armed forces. Decriminalization of marijuana is not a silver bullet, but it would be a major step away from a failed approach. Mexico City is the place to start, thanks to the example set in Colorado and Washington state.
NYC Mayor candidate likens "stop and frisk" to suspicions that killed Trayvon Martin
NYC Mayor candidate likens "stop and frisk" to suspicions that killed Trayvon Martin
Source
Thompson Likens Police Stops to Suspicions That Killed Trayvon Martin
By MICHAEL BARBARO
Published: July 28, 2013
William C. Thompson Jr., a Democratic candidate for mayor, likened the policies of the New York City Police Department to the suspicions of George Zimmerman, the man who killed Trayvon Martin, in an unusually personal and provocative speech on Sunday, saying that both had led to injustice for young black and Latino men.
“Here in New York City, we have institutionalized Mr. Zimmerman’s suspicion with a policy that all but requires our police officers to treat young black and Latino men with suspicion, to stop them and frisk them because of the color of their skin,” Mr. Thompson said at the AbundantLife Church in Prospect Heights, Brooklyn.
The remarks were by far his most forceful of the campaign on the contentious issue of stop-and-frisk policing, a widely used tactic that the city’s police force has credited with reducing gun violence, even as a growing number of elected officials have criticized it as overused and abusive.
Of what Mr. Thompson said were the 600,000 blacks and Latinos stopped by the New York police in 2011, he said a vast majority were innocent — “profiled as Trayvon was profiled.”
“If our government profiles people because of skin color and treats them as potential criminals, how can we expect citizens to do any less?” Mr. Thompson asked, as members of the small storefront church loudly applauded him and occasionally interrupted with cries of “amen.”
Mr. Thompson said he had endured criticism for declaring, after Mr. Zimmerman’s acquittal on July 13, that Mr. Martin, an unarmed teenager, was killed because of his skin color. But he reiterated that belief again on Sunday.
“Trayvon Martin did die because he was black,” Mr. Thompson said. Of that, there is no doubt.”
But he added, “the verdict in Florida was a verdict — but it was not the verdict.” He called on New Yorkers of all races to engage in a spirited and thoughtful discussion about the shooting and its meaning.
“Let the verdict of these days instead be this: that in protest on our streets, in quiet conversation with our families, or in the halls and chambers of our government, we will ask the hard questions, face the hard truths and honor our fathers’ and mothers’ dreams.”
Revealers of government secrets share how their lives have changed
After the whistle: Revealers of government secrets share how their lives have changed
Government of the people, by the elected officials and appointed bureaucrats, for the elected officials, appointed bureaucrats, government employees and special interest groups that helped get them into power.
Sorry Mr. Lincoln, that's how your speech should have been written. The way government really works, is while our rulers are elected by the people, they end up serving the government bureaucrats that work for them, along with the special interest group that helped them get into power.
Source
After the whistle: Revealers of government secrets share how their lives have changed
By Emily Wax, Published: July 28 E-mail the writer
The former high-ranking National Security Agency analyst now sells iPhones. The top intelligence officer at the CIA lives in a motor home outside Yellowstone National Park and spends his days fly-fishing for trout. The FBI translator fled Washington for the West Coast.
This is what life looks like for some after revealing government secrets. Blowing the whistle on wrongdoing, according to those who did it. Jeopardizing national security, according to the government.
Who is Edward Snowden?: A 30-year-old government contractor has been charged with espionage for recent leaks of classified intelligence. He has vaulted from obscurity to international notoriety, joining the ranks of high-profile leakers such as Daniel Ellsberg of Pentagon Papers fame.
Heroes. Scofflaws. They’re all people who had to get on with their lives.
As Edward Snowden eventually will. The former NSA contractor who leaked classified documents on U.S. surveillance programs is now in Russia, with his fate in limbo. The Justice Department announced last week that it won’t seek the death penalty in prosecuting him, but he is still charged with theft and espionage.
Say he makes it out of there. What next, beyond the pending charges? What happens to people who make public things that the government wanted to keep secret?
A look at the lives of a handful of those who did just that shows that they often wind up far from the stable government jobs they held. They can even wind up in the aisles of a craft store.
Peter Van Buren, a veteran Foreign Service officer who blew the whistle on waste and mismanagement of the Iraq reconstruction program, most recently found himself working at a local arts and crafts store and learned a lot about “glitter and the American art of scrapbooking.”
“What happens when you are thrown out of the government and blacklisted is that you lose your security clearance and it’s very difficult to find a grown-up job in Washington,” said Van Buren, who lives in Falls Church and wrote the book “We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People.” “Then, you have to step down a few levels to find a place where they don’t care enough about your background to even look into why you washed up there.”
The Apple Store employee
“Let’s sit in the back,” Thomas Drake says when choosing a booth at Parker’s Classic American Restaurant in downtown Bethesda during his lunch break from Apple. “I have a lot to say. I was a public servant. That’s a very high honor. It’s supposed to mean something.”
Drake was prosecuted under the World War I-era Espionage Act for mishandling national defense information.
His alleged crime: voicing concernsto superiors after the Sept. 11, 2001, attacks about violations of Americans’ privacy by the nation’s largest intelligence organization (the NSA) and later, in frustration, speaking to a reporter about waste and fraud in the NSA intelligence program. (He says he revealed no classified information.)
He lost his $155,000-a-year job and pension, even though in 2011 the criminal case against him fell apart. The former top spokesman for the Justice Department, Matthew Miller, later said the case against Drake may have been an “ill-considered choice for prosecution.”
Drake, now 56, is tall and lanky and dresses as though he’s ready, at any moment, to go on a gentle hike. He is the type of person who likes consistency. He went to work at Apple the day after the charges against him were dropped, surprising his co-workers who thought he would at least take a day off. In 2010, he got an adjunct professor job at Strayer University but was fired soon after, he says, while he was under government investigation.
“I was just blacklisted,” he said, adding that he started his own company but has only had minor work. “People were afraid to deal with a federal government whistleblower.”
Drake long planned to be a career public servant. He enlisted in the Air Force in 1979 and flew on spy planes and once was a CIA analyst and an expert in electronic intelligence missions. On Sept. 11, 2001, he reported for his first day of work as a senior executive at the NSA’s Fort Meade campus, and shortly thereafter, he voiced “the gravest of concerns” regarding a secret domestic surveillance program that, he says, was launched shortly after the attacks.
Who is Edward Snowden?: A 30-year-old government contractor has been charged with espionage for recent leaks of classified intelligence. He has vaulted from obscurity to international notoriety, joining the ranks of high-profile leakers such as Daniel Ellsberg of Pentagon Papers fame.
In 2006, he was reassigned from the NSA to be a professor at the National Defense University, but he was forced to leave in 2007 when his security clearance was suspended.
Ironically, he was teaching a class called “The Secret Side of U.S. History.”
Now working at the Apple Store and living in Howard County, he is extremely grateful for his hourly wage retail job. He has no choice. He has massive legal debts and a son ready to go to college.
Last year, he was working when he spotted an unlikely customer: Attorney General Eric H. Holder Jr., who came in to check out iPhones.
Drake introduced himself and asked: “Do you know why they have come after me?”
“Yes, I do,” Holder said.
“But do you know the rest of the story?,” he asked.
Holder quickly left with his security detail, Drake said.
“It’s not every day you get to talk to the chief law enforcement officer of the land about your case,” Drake said, “or at least try.”
The author in Oregon
Sometimes Washington is just the last place you can stand to be.
Sibel Edmonds was once described by the American Civil Liberties Union as “the most gagged person in the history of the United States.” And she was a regular on Washington’s protest circuit.
She was fired from her work as a translator at the FBI for trying to expose security breaches and cover-ups that she thought presented a danger to U.S. security. Her allegations were supported and confirmed by the Justice Department’s inspector general office and bipartisan congressional investigations, but she was not offered her job back.
She also published a memoir, “Classified Woman — The Sibel Edmonds Story.”
Then last summer, Edmonds, 43, decamped with her 5-year-old daughter and husband to Bend, Ore., which is known as the sunny side of the state. The July weather is 77 degrees without humidity, and there are 33 independently owned coffee shops and nine microbreweries.
“I am touring every single one. Plus, we don’t even have air conditioning here,” she said. “We open the windows and feel the breeze.”
For years before she left, Edmonds found Washington’s atmosphere suffocating. Many of her neighbors in Alexandria were lobbyists and contractors, who she says stopped talking to her after her name appeared in the newspaper.
Luckily, her husband of 21 years is a retail consultant and can live anywhere. She says that most whistleblowers have spouses who work in the same agencies, which typically puts pressure on their marriages.
She is still dedicated, she says, to the cause of exposing injustice and making information free. She spends hours running “Boiling Frog Post: Home of the Irate Minority,” a podcast and Web site that covers whistleblowing and tries to create broader exposure for revelations. She is also founder and director of the National Security Whistleblowers Coalition.
“I think in the current climate, Congress and Washington is a last resort,” she said. “We are going directly to the people and focused on releasing information. And I don’t have to do that from Washington.”
Who is Edward Snowden?: A 30-year-old government contractor has been charged with espionage for recent leaks of classified intelligence. He has vaulted from obscurity to international notoriety, joining the ranks of high-profile leakers such as Daniel Ellsberg of Pentagon Papers fame.
The alienated fly fisherman
“The connection is really bad, it must be the NSA surveillance program,” Richard Barlow says jokingly when speaking to a reporter on his cellphone from his motor home outside Yellowstone National Park.
“I’m out here with the grizzly bears,” he says. “But this is where I’m comfortable. I’m a 58-year-old seriously damaged, burned-out intelligence officer.”
Barlow says he suffers from chronic PTSD, which makes it hard for him to deal with stress and sometimes other people. He finds comfort in his three dogs: Sassy, Prairie and Spirit.
His supporters say that shouldn’t be surprising considering what he went through.
Barlow started his career as a rising star tasked with organizing efforts to target Pakistan’s clandestine networks for acquiring nuclear materiel. He won the CIA’s Exceptional Accomplishment Award in 1988 for work that led to arrests, including that of Pakistani nuclear scientist A.Q. Khan.
He testified before Congress under direct orders from his CIA superiors, but he says he later became the target of criticism from some people in the CIA who were supporting the mujahideen (including Osama bin Laden at the time) in efforts to push the Soviets out of Afghanistan.
He says he chose to leave the CIA, and in early 1989, he went to work as the first weapons-of-mass-destruction intelligence officer in the administration of President George H.W. Bush. Barlow continued to write assessments of Pakistan’s nuclear weapons program for then-Defense Secretary Dick Cheney. He concluded that Pakistan already possessed nuclear weapons, had modified its F-16s to deliver these weapons and had continued to violate U.S. laws.
The intelligence would have legally precluded a sale of $1.4 billion worth of additional F-16s to Pakistan.
But in August 1989, Barlow learned that the Defense Department had asserted that the F-16s were not capable of delivering Pakistan’s nuclear weapons. Barlow said that Congress was being lied to, and he objected internally.
Days later, he was fired.
“Back then I was disgustingly patriotic and I thought the government is allowing Pakistan to develop and spread nuclear weapons and I got destroyed for trying to stop it,” he said.
He was 35 at the time. His marriage to his 29-year-old wife, who also worked at the CIA, was shattered.
After a 1993 probe, the inspector general at the State Department and the CIA concluded that Barlow had been fired as a reprisal. The Defense Department maintained that the Pentagon was within its rights to fire Barlow. A 1997 GAO report largely vindicated Barlow, and his security clearances were restored. But, he says, he was unable to get rehired permanently by the government because his record was smeared.
He eventually found some work as a consultant, helping to start and run the FBI’s counterproliferation program out of Sandia National Laboratories.
Meanwhile, he has been trying for years to collect the $89,500 annual pension and health insurance that he thinks he is owed.
Who is Edward Snowden?: A 30-year-old government contractor has been charged with espionage for recent leaks of classified intelligence. He has vaulted from obscurity to international notoriety, joining the ranks of high-profile leakers such as Daniel Ellsberg of Pentagon Papers fame.
Much of what he tried to report about Pakistan’s nuclear program is common knowledge today, and several national security bestsellers have included his story, including George Crile III’s 2003 book “Charlie Wilson’s War: The Extraordinary Story of the Largest Covert Operation in History,” which describes Barlow as a “brilliant young analyst who gave devastating testimony.”
Today, the consulting work has dried up. He has run out of money and thinks he is about a month from being homeless.
“I served my country for 23 years. I could go get a job for $10 at Wal-Mart,” he said. “But that’s not the issue, the issue is where’s my money?”
Despite efforts by senators and various legislative committees to get him compensated for his loss, the issue has never been resolved, for political and bureaucratic reasons.
He thinks part of the problem is that there’s no structure to compensate whistleblowers in the intelligence field. He also says that the Obama administration has criminalized whistleblowing on levels he’s never seen before.
Today, he spends his days in the wilderness, fly-fishing and bird hunting with his dogs.
The advocate
It’s 8 a.m. on the 11th floor of a K Street office building, and Jesselyn Radack, 42, is trying to tame her curly blond hair with a straightening iron.
“Our PR people said, ‘Straight hair is serious hair,’ ” she said, laughing. “But it is like 100 degrees outside.”
Radack is an attorney and former ethics adviser for the Justice Department. Her supervisor told her to find another job after she disclosed after Sept. 11 that the FBI interrogated John Walker Lindh, known as the “American Taliban,” without an attorney present. Her case was closed in 2003, and prosecutors never identified a potential charge against her.
Today, Radack is a mother of three and director of national security and human rights at the Government Accountability Project, a whistleblowing advocacy organization.
That means she’s an advocate, attorney and, it turns out, therapist of sorts for whistleblowers who come to her “bankrupt, blacklisted and broken,” she says.
“Once you are labeled that way, you are just radioactive,” she said.
And she can certainly empathize.
Before she decided to make her disclosure, she says she suffered from horrible insomnia. She also has long suffered from multiple sclerosis, and the stress caused flare-ups of her disease.
“I had this knowledge and had to do something,” she said on a recent afternoon at her brick home in Tenleytown. “After law school, I thought the government wears the white hat and is on the right side of the law. I never expected to be a whistleblower.”
But the Yale Law School graduate saw something she thought was wrong and felt compelled to report it.
After her case went public, she noticed a chill in how she and her family were treated. She took her children to the “tot shabbat,” or sabbath celebration for young children, at Temple Sinai in Northwest Washington and noticed that no one would sit near her and her family. It turns out that some of the people she blew the whistle on also attended her temple. The situation got so bad, she said, she had to talk to the rabbi about it.
“We’re inside the Beltway, and it’s a small city,” Radack says. “It’s like high school. They just freeze you out.”
Secret surveillance court overhaul is urged
Personally I suspect the program has ALWAYS been unconstitutional and never should have been created. But even if the program is constitution, which I doubt, this article points out some flaws.
the Justice Department submitted 1,789 requests to "conduct electronic surveillance." One was later withdrawn, and each of the rest was approved by a judge
Blumenthal has described the court as "broken. It is unaccountable, secretive and one-sided."
Source
Secret surveillance court overhaul is urged
By David G. Savage
July 29, 2013, 5:00 a.m.
WASHINGTON — When the Foreign Intelligence Surveillance Court began in 1978, it was seen as a smart compromise aimed at protecting both national security and civil liberties.
Before, the FBI under Director J. Edgar Hoover or the U.S. attorney general could use secret wiretaps to compile damaging dossiers on perceived enemies, including politicians and activists. Under the new law, the FBI or the CIA had to go before a judge of the special court if it wanted to wiretap an "agent of a foreign power" in this country, such as a Soviet spy.
These days, the Foreign Intelligence Surveillance Court is more often seen as a good idea gone sour.
As the U.S. government has shifted away from tracking spies or known terrorists to detecting potential plots linked to terrorism, the judges on the court have been called upon to make momentous decisions, such as approving the mass collection of records and data.
Critics say the judicial process has gone awry. The judges, who once served as a check on the government, now serve as a secret and secure rubber stamp for wide-ranging surveillance policies, they say.
"This court has evolved to serve a very different role than when it began," said Jennifer Granick, a lawyer at the Stanford Center for Internet and Society. "It is now making secret interpretations of the law, and no judge, and no court, should play that role."
She was referring to leaks last month that revealed how the government's surveillance has expanded in the last decade. One document released by intelligence analyst Edward Snowden showed that a judge on the secret court had approved an order that required a unit of Verizon to turn over all its phone records for a three-month period.
This revelation surprised many, but not those inside the government. Since 2001, Congress has authorized federal agents investigating "international terrorism" to obtain business records that are "relevant to an authorized investigation."
This read as though it referred to records involving known terrorists or at least suspicious people with links to terrorists.
Instead, the Justice Department under President George W. Bush and now President Obama decided this meant the National Security Agency could collect and store all the dialing records of phone calls made in this country because they might prove relevant to a future terrorism investigation.
The mass collection policy was approved by a judge of the Foreign Intelligence Surveillance Court in a secret hearing with only the government's lawyers present.
This has prompted calls in Congress and elsewhere for changes in the court. Some cite a need for a better mix of judges than those currently serving, who are almost all Republican appointees. Others want to include an advocate who takes the other side and argues for privacy and civil liberties.
"This process needs an adversary," retired Judge James Robertson, who served on the special court, told an oversight board hearing this month. "A judge needs to hear both sides of a case."
By law, the court is made up of 11 U.S. district judges, all of whom are appointed by Chief Justice John G. Roberts Jr. They rarely meet as a group. Instead, a judge comes to Washington and serves for a week at a time at the federal courthouse to review and act on the government's requests for surveillance.
Last year, the Justice Department submitted 1,789 requests to "conduct electronic surveillance." One was later withdrawn, and each of the rest was approved by a judge, according to a report sent to Congress.
In addition, the government sought 212 orders for "certain business records." The special court "did not deny, in whole or in part, any such application" last year, the Justice Department said, but there were "modifications" to 200 of those orders.
Rep. Adam B. Schiff (D-Burbank) and Sen. Richard Blumenthal (D-Conn.) are proposing measures to change how the judges are named and to require the court to issue unclassified versions of its opinions.
"I think these judges take their jobs very seriously, but we need a more effective set of checks and balances," Schiff said. "Right now, 10 of 11 were appointed by Republican presidents." [Yea, and President Obama, a Democrat, is more or less a carbon copy clone of Republican President George W. Bush.]
Schiff proposes that the judges be nominated by the president specifically for the court and confirmed by the Senate. "If they came before the Senate, we would get a better understanding of how they view the 4th Amendment" and its protection against unreasonable searches, he said. [Yea, like the Senate gives a rats *ss about the Fourth Amendment]
Blumenthal has described the court as "broken. It is unaccountable, secretive and one-sided."
In recent week, lawyers for the Bush and Obama administrations have come to the defense of the special court and its judges. The judges bring a "healthy skepticism" to requests for surveillance, said Steven Bradbury, a top Justice Department lawyer under Bush.
"I want to correct the erroneous claim that the FISA court is a rubber stamp," Robert Litt, counsel for Obama's director of national intelligence, said in a speech at the Brookings Institution. He said the judges made sure each request for surveillance "complies with the law." [Yea, so approving 1,789 of the 1,789 requests to "conduct electronic surveillance" isn't a rubber stamp???]
But University of Virginia law professor Christopher Sprigman, like Granick, says the problem goes beyond how the judges are appointed or how they handle specific requests for wiretapping. He says the major decisions on the nation's surveillance policies should not be made behind closed doors in a one-sided proceeding.
The leaked court orders reveal a mass collection policy that "has no limits," he said. It could include all credit card records or all travel records, he said.
"We need a public debate if we are going to switch to a mass surveillance policy," Sprigman said. "Congress needs to decide — in public — whether it is worth surveilling everyone. This shouldn't be decided in a secret court." [Congress doesn't need a public debate on the best way to side step the Constitution, it needs to start obeying the Constitution!!!]
david.savage@latimes.com
What part of the Constitution makes prostitution a FEDERAL crime????
Yea, if these children are being held as slaves and forced to work as prostitutes that certainly is a crime. I suspect that should be a crime enforced by the state governments, not the Federal government.
Source
FBI says it arrested 150 in three days for child prostitution
10:50 a.m. CDT, July 29, 2013
WASHINGTON (Reuters) - The FBI arrested 150 people across the United States for holding children against their will for prostitution, a three-day weekend sweep that officials on Monday called the largest-ever operation of its kind.
The suspects were arrested in 76 U.S. cities and are expected to face state and federal charges related to sex crimes and human trafficking, FBI and U.S. Justice Department officials said at a news conference.
FBI agents and local police recovered 105 children during the operation at truck stops, motels, casinos and other places where they were held against their will for prostitution, officials said.
Children who are most vulnerable to being exploited for sex crimes are between 13 and 16 years old without strong ties to family members, officials said.
"We are trying to take this crime out of the shadows and put a spotlight on it," said FBI Assistant Director Ronald Hosko.
Paradise Valley high-school students will be required to wear ID badges
What's next? Will the Jewish students be required to wear a badge with a yellow star on it???
If you ask me I would say it is a violation of the 5th Amendments, forcing kids to wear badges that have their photos and names on them.
Well yea, in addition to a violation of the 13th Amendment,
because basically the state of Arizona is forcing the kids into
slavery by requiring them to go to high school until they are
16, which is a violation of the 13th Amendment.
Per the 13th Amendment you can only force people into slavery
when they have been convicted of a crime, allowing the government
to sent them to prison as a slave for punishment of the crime they
were convicted of.
Source
Paradise Valley high-school students will be required to wear ID badges
By Amy B Wang The Republic | azcentral.com Mon Jul 29, 2013 1:20 PM
Starting this school year, all high-school students in the Paradise Valley Unified School District must wear identification badges at all times while on campus.
The new policy is part of an increased “sight security” effort, said PVUSD student services Director Jim Lee. The district’s five high schools and one alternative school will require wearing the badges — affecting about 11,000 students total.
“It’s kind of a safety and accountability measure of who should be on campus,” Lee said. “If a staff member is having an interaction with a student on campus, they can verify who they’re talking to.”
The district already issues photo-identification cards to all of its high-school students at the beginning of each school year. This year will be no different, except the photography companies taking student photos will provide lanyards free of charge, Lee said.
In the past, school officials required students to carry these identification cards with them at all times and students had to produce them if asked. Now, if they don’t wear the badges, they will face a series of warnings that differ at each high school.
Students had mixed reactions to the new policy.
Wyatt Wagner, an incoming junior at Shadow Mountain High School, said he has heard of people posing as different students on campus.
But even though he can see why the district would want to require badges, Wagner thinks it will be too much for schools to enforce the rule.
“I heard about it a couple months before school ended,” Wagner said. “Nobody’s going to actually follow through with it. There’s going to be too much trouble going on.”
“I don’t think it’s really that much of a big deal to have it on you,” said Nick Anderson, a senior at Shadow Mountain High School. “But also, 16- to 18-year-olds should be able to be trusted to be at your own school at your own time.”
Paradise Valley’s new policy is similar to one the Scottsdale Unified School District adopted last year, with mixed success. Not wearing badges in Scottsdale meant a dress-code violation for students, and the district reported that dress-code violations were up 900 percent this year.
Republic reporter Mary Beth Faller contributed to this article.
Corporate welfare at Tempe Town Lake!!!!
Corporate welfare at Tempe Town Toilet!!!!
I have these problems with
Tempe Town Toilet
or
Tempe Town Lake
as the royal members of the Tempe City Council call it.
1) A large part of the time the park is not open to the public, but used for events to raise money for the royal rulers of Tempe. And these events are expensive to attend and most of the working class people
that live in Tempe can't afford to attend the events, despite the fact that these people
were forced to pay for
Tempe Town Toilet
with their hard earned tax dollars.
2) These events cause huge traffic jams and parking problems in the downtown Tempe area
3) When these events are concerts they routinely keep people awake late at night in the entire downtown area, and as far north as Roosevelt Road in Scottsdale which is also Continental Drive in Tempe. I am not sure how far south the concerts can be heard.
Also check out:
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Source
Tempe to weigh revising Town Lake plan
By Dianna M. Náñez The Republic | azcentral.com
Tue Jul 30, 2013 12:10 AM
The Tempe City Council took a leap of faith more than a decade ago when it sank $44.8 million into building a 2 1/2-mile-long lake in the desert.
The council hoped that risking the debt to create high-profile waterfront property would pay off in the long run for Tempe, then a landlocked city desperate for new development.
But 14 years after the lake opened in 1999, city finance officials say Tempe is faced with a reality check that Town Lake is far from reaching the city’s development goals.
Tonight, the council is expected to consider revising a financing plan for Town Lake.
City finance officials have said the revised plan would give developers a financial break on their share of costs tied to the man-made lake
, make private development more affordable
and, ultimately, advance Tempe’s plans to secure sufficient lakeshore private development to ease the hefty public costs of maintaining Town Lake.
But critics argue that taxpayers have long carried the financial burden for private lake development.
The new plan offers no guarantee that economic breaks for developers will actually spur construction, argue Joe Pospicil and Art Jacobs, two longtime Tempe residents who regularly question city finances and criticize lake expenses.
If approved, the revised plan also would shift the burden of paying for a new west-end lake dam, which the city has estimated will cost at least $37.4 million, to Tempe taxpayers, freeing developers from sharing the expense to replace the dam.
Approval of the city proposal would mark the second time a Tempe City Council, aiming to drive development, has tweaked the original 1995 lake-financing plan in favor of developers. The first was in 1997.
Mayor Mark Mitchell said he believes the proposal merits more time in the public realm so that council members may gain sufficient community feedback.
But it remains to be seen whether Mitchell’s colleagues agree that the council has a responsibility to arrange future forums for the public to question and comment on the proposal.
As of Monday, the proposed changes were included on the agenda for today’s council meeting.
The finance proposal is not set for a two-hearing process, which would have allowed for public comment at the first hearing and then required a vote and a second opportunity for public comment at a future council meeting.
That means the council could choose to approve the revised Town Lake financing plan with little opportunity for public input.
But before the council agenda was posted on the city’s website Friday, Mitchell said he still had questions about the financing plan.
“When we initially developed the lake, we had a plan, but it’s a working document,” he said. “We might change it, we might not. (But) we’ll have enough time to thoroughly review (any formal changes).”
Mitchell said he expects staff today to merely explain the long-term impact of the proposed changes.
The proposed finance changes were triggered by an economic reality check, Roger Hallsted, the city finance analyst for the Rio Salado Community Facilities District, told The Arizona Republic.
“From all of our original projections, (we were) thinking really by about this time ... the lake would be built out,” Hallsted said.
Tempe’s goal is for private development on 120 acres to generate assessment fees covering 60 percent of annual operations costs.
But a Republic analysis last year revealed that in the 13 years since the lake was filled, private development still only covered about 20 percent of operation and maintenance costs, well below the 60 percent envisioned in the original city plan.
Tempe taxpayers have and continue to pay the majority of the $2 million to $3 million in annual costs for operations and maintenance as well as most of the bill for the $44.8 million in original construction costs.
Private investment has spurred construction of about 24 acres of condos, high-rise office and commercial space around the lake. Town Lake supporters blame the recession for slower-than-expected development.
The proposed changes to the financing plan are aimed at making land surrounding Town Lake more attractive to private development, Hallsted said.
If the council approves the changes, Town Lake developers would pay less toward their share of payments for the original construction costs.
The proposal emanated from Tempe’s Enhanced Services Commission, Tempe Finance Manager Ken Jones said.
The commission includes representation from Jones; Town Lake developers; Nancy Hormann, the president of the group that manages the downtown Tempe district; and Arizona State University, which owns and is attempting to develop acres of lakeshore property.
A Republic review of public records from the commission meetings shows that commission members have spent the past year discussing development and maintenance plans for the lake.
At a January meeting, Jones asked for “the logic behind asking the council to cover the cost of replacing the dams,” according to public records of the meeting.
Hallsted said shifting the cost of the dams from being a shared debt with private developers to a taxpayer-only-funded cost is the result of the original rubber dam deteriorating years earlier than expected.
“These new dams, at $38 million to $50 million, if we were to put that in at the true cost, just the (Town Lake) infrastructure replacement budget would have gone from $531,000 (annually) to $2 million,” he said.
The city had to face facts, he said, that it would have to shoulder the dam’s cost rather than “bankrupting every single (lake) property owner,” Hallsted said.
The commission questioned whether it’s “more expensive to build at the lake than anywhere else in the Valley” and whether the city was “willing to offer an incentive to level the playing field,” according to public meeting records.
The commission recommended a plan that would lower an annual “holding fee” of sorts that developers pay until they build on their lake property.
If the revised plan is approved, that fee would be reduced from the current 5 percent to the rate of inflation, which is currently 2.2 percent, Hallsted said.
The financing proposal also includes lowering the annual interest rate developers pay over the 25 years they are allowed to pay back their share of lake construction.
The current interest rate is 5 percent, and the proposal would lower it to 3.64 percent, Hallsted said. He added that the proposal calls for the council to make the rate reduction retroactive to July 1, 2009.
If the council approves rolling back the fee, developers that have built existing commercial and residential development at the lake would receive credits on biannual debt payments they are currently making.
While critics worry that taxpayers are funding too much of the cost for Town Lake, Hallsted reasons that the revised plan will establish a realistic financing plan for the lake and encourage development that will help pay a greater share of the lake’s annual operations and maintenance costs.
“The key thing,” he said, “is being fair to the citizens, but try to make it more enticing for developers to come in.”
The NSA hears and sees everything you do!!!!!
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