Tuesday, March 20, 2018

When Will School Madness Stop? ~by Legal Pub

When will the madness stop?  Shooting up a school is a cowardly way to deal with one's problems.  Great Mills High School is the latest to experience a shooting.  The school security guard shot and killed an armed student who shot two other students. St. Mary's County Sheriff Tim Cameron said the school resource officer shot the assailant in a hallway just before classes began. The shooter was armed with a handgun.  The gunman was pronounced dead, and the officer was not injured.   A male student, 14, is in stable condition.  Unfortunately, a 16 year-old female student, is in critical condition. 
Suddenly the news is no longer shocking.  After all, this is the 17th school shooting in the United States since January 1!  When does the madness stop?  This involved a pistol, not an assault rifle.  There does not appear to be an easy way to educate young people that this is not an appropriate way to solve problems. A shooter of unarmed students is not a hero.  Seeking counseling.  Seek help.  After that, if you still need to end your own life, end it without harming others.  Perhaps then you will be properly mourned.  But to end your life as a murderer is not only a waste of your life, it is a waste of humanity.  

    Tuesday, January 9, 2018

    25th Amendment v. Fire & Fury ~by Legal Pub

    Politics is a topic Legal Pub prefers to avoid.  But Rule of Law requires educated citizens and electorate.  Consequently, when mainstream media starts to spread misleading information about "law," education is in order. What is all the rage about the 25th Amendment to the United State Constitution?  "Fire and Fury" a controversial book by Michael Wolff indicates that the amendment was brought up "all the time" in the White House.  Steve Bannon suggest it is a plausible way that President Donald Trump may be forced to step down.  So what is this amendment?  On its face, it a mechanism to remove a President who has impaired mental faculties
    More specifically, Section 4 of the 1967 amendment, allows for the vice president plus a majority of either a president's Cabinet or Congress to transmit to the Senate president pro tempore and the House speaker "their written declaration that the president is unable to discharge the powers and duties of his office."  A sitting U.S. president may; however, inform the Senate president pro tempore and House speaker that no such inability exists. The president would then remain in office unless the vice president and a majority of the Cabinet or Congress provides those members of Congress with a written declaration that the president is still unable to discharge the powers and duties of his office.  This puts the matter before Congress.
    Once before Congress, both chambers of Congress must vote on whether the president is able to carry out his duties. A two-thirds vote in both chambers is required to remove the president from office. In reality, it is unlikely that a Cabinet would ever initiate such a proceeding.  Furthermore, nothing in the 25th Amendment contains a means to prevent a sitting president from firing Cabinet members who feel he is unfit to serve.  Consequently, the only likely way to remove a sitting president under the 25th Amendment would be if the procedure was initiated by Congress and had a 2/3 vote of the Congress agreeing to the removal. 
    So, when Steve Bannon says the 25th Amendment is the biggest threat to the Trump presidency, was is all just a ploy to sell books?

    Monday, November 20, 2017

    Roy Moore "No More?" ~~by Legal Pub

    Will Roy Moore drop out of the Senate race?  Probably not since he is not a quitter.  But this is the Democrats chance to prevent the Republicans from advancing their agenda and Doug Jones thinks he can win and he is not alone.  “This is our only opportunity, we need to seize it.” said more than one Democrat when discussing the race between Republican Roy S. Moore and the Democrat Doug Jones. Roy Moore has always been controversial.  Now he has been accused of numerous unwanted advances toward numerous young women and girls, one as young as 14.   The Birmingham News on Sunday ran a front page headline:  “Stand for Decency, Reject Roy Moore.”

    Doug Jones is trying to capture the black vote and moderate white Republicans who are disappointed against the alleged conduct of Moore. Mr. Jones’s is ahead even in counties that voted 65 percent or more for President Trump. The path to victory for Mr. Jones includes capturing Shelby County voter support.  But some of the voters may resist the switch in party affiliation.   “I question why these allegations didn't come out during the primary if they were true,"  exclaimed one potential voter to Legal Pub.  In the end, voters need to decide if the allegations warrant the Republicans from losing the Senate.

    To demonstrate what a large victory this would be, consider that the Democrats did not even put up a nominee for the United States Senate seat that Mr. Jones seems destined to capture.  Polls have Jones leading by 10%.  If this holds true, chalk one up for the power of the press in helping the Democrats recapture a Senate seat.

    Thursday, August 3, 2017

    A Dog's Life of Starvation `by Legal Pub

    This is not unique to Tennessee.  Nino's tale is common in all parts of the country.  The simple truth is that humans sometimes exercise poor judgment when it comes to their pets.  We have all heard of the story of animals being left in a hot car. These stories almost garner as much attention as the death of a child locked in a hot car.  Well, Nino's story is similar but it occurs in a back yard.

    You see, Nino was discovered after law enforcement received a call about a dog left in a backyard.  Authorities discovered that Nino was in bad condition and his survival doubtful. He was literally skin and bones with no visible fat. In sum, Nino was nearly starved to death.  Fortunately, he was taken into the care of the Memphis Animal Services and is now doing well.  The good news is that his appetite, sleep and stamina have returned to normal. .
    The bad news is that the police have arrested Kellen Jones, 27, who apparently was the owner of the dog. Jones allegedly told police that he could not afford to take care of the dog.  (Jones apparently had been away for as much as three months)  Photos suggest it is a miracle that the dog survived.  Jones is charged with felony animal cruelty. Video Link.  He is of course presumed innocent until otherwise proven in a court of law.

    Monday, July 24, 2017

    Charlie Gard Legal Challenge Ends ~by Legal Pub

    Poor little Charlie.  Apparently, his time on this earth is about to end. Chris Gard and Connie Yates, parents of little Charlie Gard are ending the legal fight to obtain treatment.  The legal battle has lasted five months and in the eyes of the parents, "a whole lot of time has been wasted."  In the couples view, the time it has taken to decide the matter in the courtroom has caused irreparable damage and that the chances for recovery are now nil.  The parents were admirably represented by barrister, Grant Armstrong.  The latest medical reports show irreparable damage to the the muscle tissue of and organs of the infant. The couple hope to set up a foundation in Charlie's name that might help similarly situated children.

    Charlie Gard's parents end legal battle saying 'time has run out' for him
     (Picture: PA)

    Connie Yates hugged her husband Chris Gard as she told the court that they had decided it was no longer in the best interests of their 11-month-old baby to pursue an experimental treatment in the U.S.
    Consequently, the legal challenge to keep little Charlie alive has ended. 

    Wednesday, July 12, 2017

    Four Men Who Deserved Better ~by Legal Pub

    Four young men have mysteriously disappeared within days of each other in Bucks County, Pennsylvania.  Are the disappearances related?  If so who is responsible?  While Police don't have all of the answers, they do suspect foul play.  Authorities also believe there is a connection between the disappearances. But what?  So far the police have shared very little specifics with the public.
    We know that 19-year-old college student, Jimi Patrick, was reported missing last Wednesday. Two days later, Dean Finocchiaro, 18, got into a friend's car and no one has heard from Dean in days. Shortly thereafter, 22-year-old Mark Sturgis and 21-year-old Tom Meo, failed to report to their jobs.  Fortunately a cellphone ping associated with Dean led authorities to search a farm owned by Cosmo DiNardo.  In close proximity, Meo's car was found in a shack. DiNardo was charged with a gun related charge and is being held on one million dollar bond.  (He has not been charged with the disappearance of the men.)

    Where there is smoke, there is usually fire. What does DiNardo know about the missing men?  If he has shared anything with the police, they are not telling the public.  But, a million dollar bond seems to send a message that authorities think he knows something about these men.  Nevertheless, all suspects and persons of interest are presumed innocent unless otherwise proven in a court of law. Stay tuned.

    Update 7-13-17:  A mass grave was found with human remains.  Apparently, DiNardo is also accused of attempting to sell a Nissan car belonging to one of the men.

    Friday, June 2, 2017

    Gruesome Twosome in Snohomish County? ~by Legal Pub

    Somethings are just plain gross. What we know is that Deborah Jeanneret, age 50, was stabbed to death and her body was found under a mattress.   Carl Bustard is accused of murder; however, he denies the crime and claims he has an alibi.  Co-defendant Tammie Lewis is alleged to be an accomplice to the homicide.  Bustard's attorney said in court, "My client was not anywhere near the scene where the homicide allegedly took place.” 

    Jeanneret, the victim, and her roommate were allowing Tammie Lewis to live in their residence. However, Bustard who was a friend of Lewis was not welcome in the home. According to probable cause information, Lewis allegedly told police that Jeanneret struck Bustard on the top of his head when he refused to her residence.  Bustard then allegedly retaliated by stabbing Jeanneret. According to Lewis, Bustard allegedly forced her to clean up the mess and help hide Jeanneret's body under a mattress.  The body was apparently discovered almost a week later by a roommate and reported in a 911 call.  (Can you imagine the smell!)

    Bustard was apprehended in Marysville.  In his car, police found nitrile gloves, bleach and an enhanced driver’s license.  Busard’s attorney explained that her client had just returned from a road trip with family and had not been in Everett the day of the murder.  She further argued that the gloves and bleach were for cleaning a boat.  The enhanced driver’s license was for a trip to Canada.
    Nevertheless, the judge found probable cause and set bond at $5 million for Busard.  Lewis is held on $250,000 bond.

    Both Bustard and Lewis are both presumed innocent unless otherwise proven in a court of law!