Tuesday, April 22, 2014

Ferry Tales Can Be Sad ~by Legal Pub

A Korean ferry sunk a week ago, as a result at least 104 are confirmed dead and perhaps another 200 missing.  .It took divers almost four days to find a way into the submerged ferry.  Meanwhile, family members pray for a miracle that would defy logic.   Logic dictates that only heartbreak awaits the families of the people still missing from the submerged ferry.  Jindo island is about an hour's boat ride away, much too far for any survivor to have swam.  Now the island serves as a temporary home for the human remains that are waiting to be identified. Approximately 250 of the more than 300 occupants of the ferry were students from a high school, near Seoul, Korea.  The teens were on their way to the tourist island of Jeju when the ferry apparently capsized.

Post accident criticism has centered on the captain and his crew.  The captain allegedly first told passengers to stay in their rooms.  Allegedly the captain waited over a half hour before giving an evacuation order.  By the time the order was given, the ferry known as the Sewol, sank into the sea. When the ship tilted, it is believed that many passengers became trapped inside their rooms. President Park Geun-hye publicly expressed his displeasure, "What the captain and part of the crew did is unfathomable from the viewpoint of common sense. Unforgivable, murderous behavior." Furthermore, Captain, Lee Joon-seok, and two crew members have been arrested on suspicion of negligence and abandoning passengers. Four other crew members have apparently been detained.

Is there a defense? Captain Lee is 68 and not inexperienced.  Lee claims he delayed issuing an evacuation order because the passengers would have drifted away in the strong current before help arrived. Even if true, why did he not order the passengers to wait on the deck?  On the deck, would they have a better chance to survive? Just how long did it take for rescuers to arrive? Legal Pub has been told that more than 200 rescue boats, 35 aircraft, and 13 fishing boats participated in the rescue efforts.  Unfortunately, their primary role has been limited to recovery of bodies.

Why the ferry sank in the first place has not been discussed.  Prosecutors have speculated that the ship made a sharp turn before it began to tilt. The third mate was steering at the time of the accident.  She apparently had not navigated in this particular area before. Captain Lee claims he was not on the bridge when the accident happened. The third mate is believed to be Park Han-gyeol; however, prosecutors have yet to confirm her identity.

Quite simply, there is no happy ending to this Ferry Tale.

Monday, April 14, 2014

Megan Huntsman, Mother, Murderer or None of the Above? ~by Legal Pub

Horrifying.  Nothing short of horrifying. While marriage strike advocates tell tales of the horrors of marriage LINK, nothing compares to this Pleasant Grove, Utah story. Seven dead babies were found in cardboard boxes in a garage.  How can such tragic sickness exist in this day and age?

Megan Huntsman, 39, is suspected of giving birth to the children between 1996 and 2006.  She was apparently booked on Sunday into the Utah County Jail with six counts of murder. It wasn't clear why their are six counts and not seven. No one seems to know a motive.

Darren West, Huntsman's estranged husband, made the discovery while cleaning out the garage.  Huntsman was recently released from prison and is not believed to be aware of the killings.   West had been in prison on drug-related charges. (West pleaded guilty in federal court in 2005 to two counts of possessing chemicals intended to be used in manufacturing methamphetamine.  In August 2006, he was sentenced to nine years in prison, but appealed the term three times. West maintained his innocence and said he never had any intention to manufacture meth.)  It is believed that West and Huntsman were together when the babies were born.
Utah medical examiner's are investigating the cause of death.

Huntsman also has three daughters - one teenager and two young adults - who lived at the house. Huntsman moved out several years ago and it is unclear where Huntsman has since been living. The investigation continues.  The whole story has yet to be revealed.  It is difficult to comprehend how no one noticed that Huntsman was pregnant.  At this point, NO ONE is guilty!  ALL our innocent until proven otherwise in a court of law.

Fed Ex Bus Crash Investigation

Investigators are trying to determine why the Fed Ex truck crashed into the bus.  Ten people were killed in the Orland, California crash.  So far, no evidence has been made public that confirms that the FedEx truck involved was already on fire when it hit the charter bus.  The bus was carrying 44 Southern California high school students and their chaperons.  The National Transportation Safety Board is also investigating the crash.

Frazier Has Left Planet Earth

Consistent with an insanity theme, Frazier Glenn Cross has demonstrated the degree of insanity that warrants public attention.  Apparently, Cross, a.k.a. Miller shot and killed three people on Palm Sunday in two separate incidents at Jewish centers in Overland Park, Kansas. Two men were reported shot dead around 1 p.m. at the Jewish Community Center.   A woman was subsequently shot and killed at Village Shalom retirement center in Overland Park.   Frazier can be described as white 73 year old scum with a history of being involved with the KKK. To make matters worse, he has even had his conical hat thrown into the political arena. At least one of his commercials were antisemitic to say the least.


Saturday, March 29, 2014

Jeffrey Tyrone Savage, 35, of Chesapeake is the Virginia truck driver who killed a sailor aboard a Naval destroyer a few days ago.  It turns out that Savage has served prison time for Voluntary manslaughter in 2009.  Savage also was convicted in Virginia in 1998 for possession with intent to distribute crack cocaine.  Savage served nearly five years in federal prison.  He was apparently in a halfway house as recently as 2012. However, it is unclear why the recent shooting took place and Savage is not talking since he was killed by Navy security forces aboard the USS Mahan.  Savage had taken the gun from a petty officer and used it to kill Petty Officer 2nd Class Mark Mayo. 
Navy investigators have found no indication Savage had any previous relationship with the ship or with Mayo.  Best we can tell, Savage drove his tractor onto base, walked onto a pier and climbed up a ramp toward the ship.  He was confronted by security where he took a gun and shot Mayo. Why was Savage even allowed on the installation the night of the shooting or even on the base?

Something is missing from the story!  Savage used a Transportation Worker Identity Credential to access the base but that card doesn't authorize base access!  One would need additional documents to gain entry.   Documents Savage apparently didn't have! Savage worked for Majette Trucking. The company has only a handful of trucks that carry refrigerated goods.
What was behind this murder?  Unless the Navy starts talking, we may never know.

Sunday, March 16, 2014

"Where Is Z Plane, Boss?"

Fantasy Island revisited?  Tattu always called out" Z plane, boss, z plane."  So where is Tattu when the world is searching for the Malaysia 777 missing for the past nine days?  Malaysia Airlines Flight 370 made an abrupt left turn and was last tracked flying over the Indian Ocean.What does it mean to our expericenced legal staff?  One or more of the pilots was in on the hijacking!

While 25 countries search for debris, perhaps they should instead be searching for where the plane landed. Otherwise, why would those in the cockpit divert the path of Flight 370?  Should these folks be labeled as prsons of interest?

Tracking the flight path leads to the conclusion of deliberate action.  If so, the mens rea element of intent would be satisfied for a conviction.  The plane made a sharp,  deliberate turn just after it last communicated with Kuala Lumpur air traffic controllers. The turn occurred before the crew had to communicate with Vietnamese controllers. Furthermore, the dramatic left turn was preprogrammed into the plane's navigation computer which requires extensive piloting experience. Consequently, it appears that someone knew what they were doing. Nevertheless, hijacking has not been completely ruled out.  But why divert a plane headed to Beijing?

Were any of the passengers trained pilots?  Someone had to fly this beast. One passenger may have had flight programming experience but everything seems to still points toward the programming occurring in the cockpit.  So where is the Plane?   Look no further than 
ar Islands

Thursday, March 6, 2014

Even Success At Money Has A Price~by Legal Pub

28-year-old Autumn Radtke appeared to have it all.  Great looks, youth and money!  The holy trinity to some.  But the CEO of  First Meta, a virtual currency exchange, is dead and some folks wonder why.   (First Meta allows users of virtual currencies such as Bitcoin to trade and cash out currencies.First Meta Exchange became popular when Jon Matonis publicized First Meta’s receiving of nearly $500,000 in venture capital from Silicon Valley’s Plug and Play Tech and Singapore’ National Research Foundation. First Meta Exchange differed from Mt. Gox because First Meta would accept all different types of virtual currencies both centralized and decentralized.  Bitcoin was one of several options that First Meta offered to its customers. First Meta was thought to have huge potential profitability.) Autumn was found dead in her home in Singapore. To be clear, there was no suspicion of "foul play," meaning officers do not suspect murder which tends to mean either suicide or natural causes.  I doubt it is the latter.

28-year-old Autumn Radtke, an American, was found dead in her Singapore home last month. The official cause of death was "unnatural." That could, of course, technically mean an accident, misadventure, or suicide. Radtke's company, First Meta, expressed its surprise and grief in what appears to be a canned statement that the company is "shocked and saddened by the tragic loss."  But should the death have been so shocking?  Bitcoin has been under scrutiny since the recent collapse of the Mt. Gox exchange in Tokyo. Postings on Autumn's Facebook express her belief in the potential of virtual currencies. Yet she also
linked an article on entrepreneurs suffering depression, commenting above the link: "everything has its price."

Indeed, Autumn may have unfortunately paid the price of the pressure which comes with ascending to the throne of the holy trinity so quickly.  Investigatory scrutiny is never pleasant at any age.  Unfortunately, the world will never know how far this shooting star might have ascended but for the tragic loss of her life.  R.I.P. Autumn.

Wednesday, February 26, 2014

Well, All We Can Say Is That's Kentucky ~ by Legal Pub

 Coots have been accused of being Kooks before the latest incident! The responses has always been, "well this is Kentucky." The recent death of Jamie Coots, the "snake-handling" pastor, in Kentucky has raised the constitutional issue of separation of church and state.  Jamie Coots was a pastor at the Full Gospel Tabernacle in Jesus Name in Middlesboro, Kentucky. Coots died after being bitten by a rattlesnake during a weekend church service.  Coots was handling rattlesnakes as part of the celebration.  It is expected that the late pastor's son Cody Coots plans to carry on the tradition.

"And these signs shall follow them that believe; In my name shall they cast out devils; they shall speak with new tongues; They shall take up serpents; and if they drink any deadly thing, it shall not hurt them; they shall lay hands on the sick, and they shall recover."

If Mark's portion of the Bible tells folks to handle serpants, should it be legal to do so? Members of the Pentecostal Church of God apparently think so. Is dancing with poisonous snakes during church services. and worse than Kevin Costner in Dancing With Wolves?  If bit, do the faithful have a right to rely on God to heal them?  The Commonwealth of Kentucky seems to say snake handling is illegal.  KRS §437.060 state that any person who displays, handles or uses a snake in connection with any religious gathering shall be fined $50 to 100. So the Kentucky legislature says poisonous snake-handling is illegal but we won't slap you with a penalty as severe as the bite.  Sounds like a speeding ticket or an overdue library book fine, if  you ask us here at Legal Pub. To us the real question is whether a state has authority to regulate a practice that is primarily faith-based. Our Constitution's First Amendment states: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." The 14th

Does Kentucky have the power to regulate religious activity under the police power of a state? Some conduct can be regulated for the protection of society. In Lawson v. Commonwealth, Kentucky's Supreme Court considered the snake-handling statute and held that the state could properly regulate the time, place and manner of religious exercise where the regulation is necessary for the safeguarding of the health, good order and comfort of the community. In other words, if Kentucky folks are dumb enough to be around snakes, then we may just fine them one handful grab into the Sunday collection plate.

Tuesday, February 18, 2014

Woody Allen... Funny or a Total Joke? ~by Legal Pub

Woody Allen is no stranger to laughter.  After all, Allen was once considered a rising actor whose movies almost guaranteed delivery of levity to the audience.  Now it seems, that Allen himself is the but of jokes.  Although any statute of limitations has run on possible criminal prosecution, Allen apparently remains convicted in the court of public opinion.
How shocked were you when Dylan Farrow alleged that Woody Allen sexually abused her in 1992?  No criminal charges were ever brought against the appropriately named "Woody;" however, the gossip never subsided.   Allen recently attended a matinee of the Broadway show “After Midnight.” Despite Allen's wife Soon-Yi Previn and their two daughters being present, old "Woody" was the butt of an audience member joking,  "I think he did it!”
Woody Allen apparently ignored the comment and went about his business. Perhaps memory of the allegations would have faded but for Dylan writing an open letter in the New York Times just 13 days before Valentines Day. The letter alleged that Allen had molested her when she was seven years old. Allen wrote his own rebuttal for the Times the following week in which he stated that this would be his "final word" on the subject.  Despite the rebuttal, Dylan subsequently published an essay in The Hollywood Reporter which in essence called Allen's rebuttal "outright lies." 
So what remains of Woody Allen's legacy?  Time will only tell... or the next person to publish another story.