When Push Comes To Shove

Well, California has done it again! Is it a club house or a jail house? That is the question the U.S. Supreme Court has pondered and the result is the high court does not like 'bunking' now known as overcrowding that has prompted the release of over 33,000 prisoners this year. Whatever you want to call this issue, it is a disaster residing inside our state prisons and once released presents another set of intanglible problems set upon society to solve or endure. In fact, the state of our state prisons is classified as cruel and unusual punishment; a tenet that is part of our Constitution found in the Eighth Amendment that literally ends with these words: "…nor cruel and unusual punishment inflicted." Our prisons are over 200% capacity leaving health and medical services in the wings for these inmates.

Drug addicts and low-crime offenders populate the prisons, as well as those serving life sentences under the Three-Strike law, so it's time to stop the "dramatic showdowns in court," said Douglas Berman, an Ohio State University law professor. Mark Leiman, a UCLA public policy professor states in the HUFFPOST LOS ANGELES May 24, 2011, "If they [California prison officials] don't want the federal courts messing with their prisons, then run decent prisons." Mr. Berman, an expert on sentencing laws clearly sees the errors of California: the Three-Strike law, longer sentencing - all add fire to the meltdown of our prison system! The fear, according to Justice Antonin Scalia is there will be "more criminals on the streets." The real fear should point to our legal system that has clearly failed.

Already there are hunger strikes occurring at this writing. "Inmates in at least 11 of California's 33 prisons are refusing meals in solidarity with a hunger strike staged by prisoners in one of the system's special maximum-security units, official said Tuesday," writes Sam Quinones with the latimes.com on July 1, 2011. "More than 400 prisoners at Pelican Bay are believed to be refusing meals...," he states.

What's going on here? Have we as citizens lost our minds? Have we reduced ourselves to the same status as Iraq's prison system, or better yet China's prison system that is notorious for human rights violations? Everyone knows that Pelican Bay is one of the most horrendous prisons systems built to house the worst of the worst in our society- the most incorrigible. But wake up, these prisoners, albeit some are partakers of horrific crimes, are suffering the basics of human existence. They are staging a round of hunger strikes throughout the prison system, announced over their web site, http://pelicanbayprisonproject.org/aande.htm complaining about the most extreme conditions that are likened close to torture. Can you imagine trying to keep your mental balance when confined to "cells that have no windows and are soundproofed to inhibit communication among inmates... 22.5 hours a day?"

On Sunday, a radio talk show host was talking about this issue that prompted this blogger to dig around online and find out "What going on?" The person being interview, whose name and affiliation was missed, talked about similar starvation strikes in Ireland's prison system for similar reasons.

From news clippings, it seems those imprisoned at Abu Ghraib, excluding water-boarding, of course, may have more Constitutional rights than those in our state prisons and with better living conditions. At least those is Abu Ghraib are allowed to matriculate with each other and apparently they were allowed to keep their faith current in some fashion, whether it was their dress or their ability to pray daily. The interviewee talked about Pelican Bay's treatment of prisoners under current conditions stating it will eventually cause mental disorders. Is this the intent of our prison systems? Not really, but what then? The intent of this isolation, in part, is to prohibit exchange between rival gangs, yet according to the interviewee the gangs are putting aside their differences and banding together on this very serious issue. Enough is enough! Further blogs on this subject will ensue!

To Bond or Not to Bond, or Who's on First?

Nina Salmo Ashford who Chairs California United for Public Safety recently published an article in the Fox & Hounds Daily, July 13, 2011 titled, "Time To Think Outside The Cell Block." In this article she runs parallel ideas regarding the AB 109's "realignment" plan that mandates release of 39,000 California prisoners over the next three years to the proposed post-conviction surety bonds (same as a bail bond) that will presumably protect California citizens from these zombies, excuse me prisoners, about to descend on California.

The theory behind the post-conviction bond is accountability, whereby linking the defendant's compliance to the "terms of his or her probation. If the defendant fails to comply…" well, you know the rest of the story - back to jail where they started in the first place! Oh yes, we forgot to mention the bail bondsman who probably posted the original bond before they were sentenced and sent to state prison. Now the bondsman has the opportunity to post another bond; a post-conviction bond. What an opportunity for the bondsman or so you would think.

She further remarks the post-conviction bond – really the bondsman "would track and return the offender to court – at the expense of the bail agent, not taxpayers." Hey, bondsman already to this to protect their bond from forfeiture. What a nightmare. Now the bondsman has to worry if the person shows up for a probation appointment! It was easier to worry over a simple court appearance. Think a little more clearly on the subject, Miss Ashford; you are asking the bondsman to micro-manage the state's over-crowding problem and the state’s "ill-thought-out sentencing laws" according to Vijay Das, Guest Commentary for the Contra Costa Times, who posted on July 1, 2011 an article on prison overcrowding. He sites "California's draconian sentencing laws" as the main culprit for this AB 109 ruling to exist per overcrowded conditions (See the real story: HUFFPOST LOS ANGELES on California Inmate Release). The post-conviction bond is just another excuse for the lawmakers to put their head in the sand, ignore logic and reason, while they profess to be politically correct in their convictions (no pun intended) that correctional institutes correct the inmate.

The post-conviction bond proposal is full of challenges. One challenge might come from the ACLU. Yes, the American Civil Liberties Union that might balk at the whole concept: put an individual in an overcrowded prison, don’t provide adequate housing or medical attention, release the same individual, perhaps a low-crime offender- a drug addict, expect him or her to 'pick up the pieces' of their disheveled life, make every and all rehabilitation requirements, as well as all probation meetings
without a hiccup. It's a prescription for failure and now the draconian laws may effect a heavier sentence than originally handed down when failure occurs. My crystal ball sees a revolving door and a vortex so strong that many will fail as fast as they are released despite gaining a post-conviction surety bond.

Amish man arrested for Sexting a Minor.

On the tail of Representative Anthony Weiner's scandalous sexting is another lesser known 21-year-old, Indiana Amish man, Willard Yoder who sent more than 600 texts that included “nude pictures and videos to a 12-year-old girl, soliciting her for sex, according to CBS affiliate WKRC.” The article suggests that Mr. Weiner's recent actions were, in part responsible for Yoder’s action: a monkey-see, monkey-do parallel.

Sexting is the fastest growing crime on the internet, but didn't the internet begin with porn? Sexting has emerged because this new technical age makes social interaction via mobile phones, such as the iPod Touch that has high speed connectivity and populates the vast cyberspace in seconds. However, sexting has huge implications for both teens and Senators alike, although it is a gray area of the law. Sexting does not fit the parameters of child pornography. However, teens innocently passing suggestive photos mobile-to-mobile could fall into this gray area of child pornography, despite the fact they are children themselves. Further, those who send and those who receive these messages or suggestive photos can be charged with distribution of child pornography! There have been cases of school administrators who have intercepted sexting evidence from their students only to face charges of possession, child pornography.

Here's the big ALERT for everyone on this subject from parents to teachers and even writers on the subject of sexting: Be aware, you could be implicated without your knowledge or participation of text-sexting. Parents need to advise their iPhone toting teens about this social phenomenon. Remember, juvenile bail bonds do exist, as well as juvenile court.

To further the point about sexting and its legal implications a search for 'sexting' on Google in this case, directed the inquirer to a single webpage where the actual domain name sexting.com is for sale: what – no bidders? The webpage then states you must be 18 years or older to enter the site that warns of many explicit photos ahead, of course, you have the option of entering or exiting. After having just completed a cursory research of sexting with the implications of this word fresh on the forefront, this blogger exited the site quickly without pursuing information worthy of telling the blog readers; information such as, how does this site prove you are actually 18 years or older?

It seems the lesser educated person – even a teen viewing the webpage could be marked as a trafficker in child pornographer or better yet, an internet trafficker of pornographer, if curiosity won out and the viewer decided to enter the site. Be aware and be careful! It would be rather cavalier to say Big Brother is Watching You, but in the case of sexting, everyone is watching.

Criminal charges for child pornography have very strict parameters and the law is explicit on punishment. In the state of California sexting laws may result in state prison, as well as having stigma of a felony criminal charge attached to you forever. However, sexting in the case of teens who innocently exchange risqué photos of themselves does not quite fall into the category of child pornography, since it is not published for sale and does not show explicit sexual acts (we hope) and exposure of minors private areas that pedophiles, for instance, peruse the web for their exploitative pleasure. This is why it is termed a gray area!

Singer George Michael Says Put Me In Jail

Singer George Michael told a judge this week that he deserved to go to jail for his behavior as a celebrity. To which Lindsay Lohan said, "Will you shut up? You'll ruin it for everybody.” -- Leno

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National Lampoon chief arrested in alleged $200-million Ponzi scheme

The chief executive officer of National Lampoon Inc., the comedy brand behind "Animal House" and the "Vacation" movie franchise was arrested early Wednesday in West Hollywood in connection with an alleged $200-million Ponzi scheme, federal authorities said.

Timothy Durham, 48, is accused in a federal grand jury indictment of defrauding investors through his loan company and using the money to support expensive homes and cars, a 100-foot yacht and travel on a personal jet.

The arrest and indictment come two years after the FBI raided two of Durham's businesses -- Obsidian Enterprises of Indianapolis and Fair Financial of Akron, Ohio. Also named in the 23-page grand jury indictment were business associates James F. Cochran and Rick D. Snow.
All three each face 12 counts in connection with securities and wire fraud. Durham, who could not immediately be reached for comment, is scheduled to appear Wednesday afternoon in U.S. District Court in Los Angeles.

Shortly after purchasing Fair Financial in 2002, Durham and Cochran began to alter the business, the indictment said.

"Instead of using the majority of the money that Fair raised from investors through the sale of investment certificates for Fair's consumer financing business, Durham and Cochran began using investor money to make loans to themselves, to their family, friends, and acquaintances, and to businesses they owned or control," the indictment stated.

Durham became CEO of National Lampoon in 2009 after his predecessor, Donald Laikin, was arrested and charged in 2008 with allegedly manipulating the stock of the Los Angeles-based company.

Durham had sought to revive the flagging brand and its now-shuttered "National Lampoon" humor magazine.

Durham became CEO of National Lampoon in 2009 after his predecessor, Donald Laikin, was arrested and charged in 2008 with allegedly manipulating the stock of the Los Angeles-based company.

Durham had sought to revive the flagging brand and its now-shuttered "National Lampoon" humor magazine.

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Muslim On Muslim Violence In Northridge

Two security guards were arrested after Cal State Northridge police said they brought pistols to the campus Saturday evening, the latest incident in an ongoing feud between rival groups of Muslims vying for control of two San Fernando Valley mosques.

Members of the Muslim Assn. of San Fernando Valley had a permit to hold an event at one of the banquet rooms on the campus, said Capt. Scott G. Vanscoy of the Cal State Northridge Police Department. But rivals who said they were from the Islamic Center of Northridge showed up with security guards who allegedly tried to intimidate people from entering the gathering.

Fereydoun Mohajerifar, 47, of Glendale and Jose Maria Lopez, 32, of Canoga Park each were booked on suspicion of bringing a firearm on a university campus, Vanscoy said. Both men said they worked as security guards. Police were investigating whether the men worked for a security company. No bail amount was set.

Four others were removed from the campus and subjected to a weeklong stay-away order, Vanscoy said. None of the four were Cal State Northridge students or affiliated with the event at the campus banquet hall. Their names were not released.

The incident took before the event at the banquet hall when a half-dozen people were found in the parking lot late Saturday afternoon passing out flyers and attempting to serve what appeared to be court documents on members of the rival group, Vanscoy said. A threat, which was not detailed by authorities, allegedly was made to one of the members of the group in the university parking lot.

Vanscoy said police investigators have learned there was ongoing friction between the groups but that there had not been past problems involving use of CSUN facilities.

The conflict between the two rival groups escalated about a year ago. Los Angeles Police Department officers have been called several times to each of the rival groups' mosques and have taken reports on accusations of battery, witness intimidation, trespassing, verbal threats and disturbing the peace but no criminal charges were filed in any of those cases.
In January, The Times detailed the bitter dispute between the two sides, each made up mainly of Pakistani and Afghan immigrants who are battling in court over leadership elections and greater openness at the Granada Hills mosque and an older satellite center in Northridge.

The fight has gotten increasingly bitter as both sides have engaged in heated rhetoric, including which group is more American in dress, accent and behavior. The parties also have traded accusations of radicalism as each side tries to discredit the other.
Defendants in the court case are the Islamic Center's two imams, Qazi Fazlullah and Qari Yousuf, along with board members and supporters, many of whom emigrated from Afghanistan or Pakistan's Pashtun region. The plaintiffs are mainly from Karachi, Pakistan's largest city, and from the country's Punjab region.

A dissident group accuses the mosque leaders in a lawsuit of methods that "resemble Taliban-style tactics one might presume to exist only outside the boundaries of the United States."

The suit also quotes a threatening, profane voicemail message it says was left for one of the plaintiffs, in which the caller allegedly said, "Don't … with us. We are Pashtuns. We will kill you."

GIBSON PLEADS GETS 3-YEAR PROBATION, ANGER CLASSES, COMMUNITY SERVICE

Actor Mel Gibson 55, appeared in the LAX Courthouse on Friday and pleaded no contest to a misdemeanor spousal battery charge, closing his high-profile domestic violence case involving his ex-girlfriend.

Gibson thanked the judge and the prosecutor as the hearing ended.

The judge sentenced Gibson to 36 months' probation and to complete a 52-week domestic violence counseling program and 16 hours of community service.

“He maintains his innocence,” his attorney told the judge. “He feels a plea is in the best interest of his children.”

He’s being served with a protective order Friday, which requires him to not harass or intimidate Oksana Grigorieva, his ex-girlfriend.

The actor-director's latest legal trouble began last year when Grigorieva, the mother of his daughter, accused him of threatening her with a gun and punching her at his Malibu home.

Secret recordings of Gibson engaging in a series of racist, profane rants were leaked to the celebrity website Radar Online. In the recordings, Gibson appeared to confirm Grigorieva's allegation of violence, telling her: "You … deserved it."

LAPD Search Sheen Home for Guns: Called Routine.

Los Angeles police say they have searched Charlie Sheen's Sherman Oaks home for guns that might be in violation of a temporary restraining order that was obtained last week by his estranged wife, Brooke Mueller.

Police service representative Stacy Ball at the Van Nuys station says officers arrived at Sheen's Sherman Oaks home late Thursday afternoon and conducted a search for several hours that concluded around 10:30 p.m. She says officers retrieved one weapon, an antique gun.
Ball says such searches are routine in which a person is subject to a restraining order.
Authorities say Sheen was cooperative.

Sheen later tweeted the LAPD were AWESOME. Absolute pros! they can protect and serve this Warlock anytime!

A lawyer for Sheen said a "tip" was phoned in that Charlie Sheen had firearms on the premises, which prompted the search, according to Today MSNBC.

Yesterday Sheen filed a $100,000.000 lawsuit against Warner Brothers reportedly seeking damages for his firing from the hit TV series Two and a Half Men.

No Jail for Lohan Today: April Hearing Set

Lindsay Lohan arrived for a court hearing Thursday a half hour late and rejected a plea deal offered by prosecutors -- one that would have sent her back to jail.

Lohan made fashion news by wearing what looked like a nude latex mini with black tights and stiletto booties.

While the dress seemed inappropriately sexy for the proceedings, could Lohan have picked the skin-tone shade to indicate she's got nothing to hide? After all, she refused to plead guilty—leading the judge to schedule a pretrial hearing for April 22.

The actress told a judge she agreed to a delay in her case until a preliminary hearing next month.

The judge had told Lohan he would send her to jail if she accepted the plea bargain. She'd been on probation when a jewelry store accused her of taking a $2,500 necklace. Lohan is on probation from her drunk driving conviction. She is accused of stealing a necklace from a Venice jewelers.

The jewelers sold the store surveillance video reportedly for $20,000 anda Lohan ios threatening a lawsuit because of it.

Mel Gibson To Plead “No Contest” To Avoid Jail

Actor Mel Gibson is expected to plead no contest to a charge of battery and avoid jail time for the domestic abuse claim made by his ex-girlfriend. Gibson and ex-girlfriend Oksana Grigorieva, who is the mother of his infant daughter Lucia, have been at odds for well over a year, leading them to end their affair in April, 2010. Since then, they have waged a bitter custody battle over Lucia and made claims and counterclaims against each other.

Gibson punched her and knocked out her teeth during an argument in January, 2010. Last summer, audiotapes of a man widely believed to be Gibson were posted on celebrity website Radaronline.com, and on them, the man rants at Grigorieva making racial slurs and sexist comments.

For his part, Gibson has claimed that Grigorieva used the audiotapes to try to extort a better settlement from him over their break-up – a deal that has been reported to be valued as high as $20 million.

The tapes damaged Gibson's Hollywood career, which already had suffered a major setback following anti-Semitic remarks he made during a drunk driving arrest in 2006.

Lohan Back In Court For Jail Hearing

Lindsey Lohan is in Judge Keith Schwartz’s courtroom now,

Yesterday her lawyer failed to make a deal with the judge that promised Lohan jail time if she copped a plea. Prosecutor Danette Meyers wanted Lindsay to get 6 months in jail, But, Lohan’s lawyer was hoping the judge would make a better offer. Apparently that didn't happen.

Speculation is Lohan will opt for a jury trial risking a longer jail term if found guilt in the alleged necklace theft.

The Venice jewelery strore sold the surveilence video of Lohan for $20,000, and some are saying it conflict the prosecutions case.

Bell's Bello Post Bail

Former Bell Councilman Victor Bello was released on bail early Wednesday morning after more than five months behind bars.

Bello's release at about 4 a.m. comes a few weeks after a judge agreed to reduce his bail from $190,000 to $100,000.

Bello is among eight current and former Bell city officials who were arrested in September and charged with corruption and misappropriation of funds. He was only one who remained behind bars.

The reduction of bail provided more "attractive terms" for Bello's son-in-law to secure his release, said Bello's attorney, Leo J. Moriarty.

The bail amount was approved by the Los Angeles County district attorney's office and a judge on Tuesday.

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"Since Mr. Bello is now free from custody, he will not need to insist upon a speedy trial," Moriarty said, noting that additional time will be spent planning Bello's defense.
On Tuesday, the people of Bell overwhelmingly voted to recall the entire City Council and elect a nw Mayor and four members of council.

Parking Rage Attacker Released on $100,000 Bail.

A 35-year-old New York City man with an extensive police record is accused of severely beating a woman over a parking space has apologized to her family.

Oscar Fuller offered the apology outside court Monday after a grand jury indicted him on a felony assault charge.

The incident left Lana Rosas in a coma with permanent brain damage. The 25-year-old Bronx woman was holding a parking spot in Manhattan for her boyfriend when Fuller drove up and demanded that she move.

Authorities say when she refused, the two argued.

Prosecutors say Fuller hit the 4’11” woman so hard she "flew off her feet." Fuller says she attacked him and he was defending himself.

So far no surveillance video has surfaced.

The Queens resident is free on $100,000 bail. He's due back in court April 7. His lawyer said he will plead not guilty..

Lohan Video Of "Theft" Confuses

The prosecution of actress Lindsay Lohan, accused of stealing a necklace from a Venice jewelry store, took another bizarre twist when surveillance video of the actress in the store was sold and "Entertainment Tonight" posted images on its website.

The development is a potential headache for prosecutors because the video is crucial evidence against the actress. Sources close to the case said the development could bolster claims by Lohan's defense attorneys that the store wanted to make money by accusing Lohan of stealing the necklace.

"There has been a tremendous amount of media speculation about an incident which took place on January 22, 2011 at a Venice, California jewelry store named Kamofie and Company," said a message placed on the website that plans to stream the video. "Many individuals want to be able to see the video streams from the jewelry store’s surveillance cameras, and we have obtained the exclusive license for them. The tapes speak for themselves."

Still images of the video on the "Entertainment Tonight" website show Lohan in the store but do not show her stealing the necklace.

Lohan has been charged with stealing a $2,500 necklace from the store. The felony grand theft case is by far the most serious in a string of charges she's faced. A conviction could bring her significant jail time. She has pleaded not guilty.

Law enforcement sources told The Times that the case against Lohan includes the store surveillance video showing the actress wearing the necklace. Paparazzi photos taken days later also show the actress wearing the necklace. The case file also includes statements from people who were inside the store at the same time as Lohan, said the sources, who spoke on the condition that they not be named because the case is ongoing.

Lohan has been in and out of court and rehab over the last two years. She spent three months at a rehab center in Rancho Mirage under orders from Los Angeles County Superior Court Judge Elden S. Fox, who spared the actress jail time in October after Lohan had tested positive for drugs while on probation in a DUI case. If she is convicted in the necklace theft, she could serve jail time for that crime and also be eligible for additional detention for violating her probation.

Riverside County prosecutors said they are still considering whether to file charges against Lohan for allegedly shoving an employee at the Betty Ford Center last year. The rehab center employee reported that Lohan had assaulted her but has since said she does not want to press charges.

Job's Not over Until Paperwork is Done

Inmates at the Des Moines County jail in Burlington may have to begin paying for toilet paper. The county is facing a more than $1.7 million deficit in this year's budget and the Board of Supervisors gave department heads the option of cutting costs or facing the possibility of unpaid furloughs or layoffs.

The county also is moving forward with a $1 million bond issue later this month, leaving department directors to make up the balance.

County Budget Director Cheryl McVey says billing inmates for toilet paper could save more than $2,300.