Saturday, November 21, 2009

Liberian President Ellen Johnson Sirleaf Encourages Counseling For Parents of 8 Year old Rape Victim


Back in July, Legal Pub carried a tragic story which illustrated a clash between culture and the law as it pertained to the victim's parent's reaction to the crime. As you may recall, an 8-year-old Liberian girl was allegedly sexually assaulted by four boys when she was lured into a storage shed and forceably raped. (The oldest boy was 14 years old.) At that time of the crime, the parents had felt shamed by their daughter and blamed her for being victimized. The parents did not want the matter prosecuted. Now, in a not unexpected turn of events, the girls parents are now themselves arrested for alleged child abuse. The father, 59, and mother, 47, were arrested in Phoenix and charged with seven counts of child abuse.

This article is not to infer that the parents reaction to the crime was the sole reason for the charges. Afterall, incidents forming the basis of the charges include numerous referrals to Arizona Child Protective Services dating back to 2005. But one can not ignore the possibility that their public comments after the rape served as a catalyst for the charges. But what role does culture play in determining the fairness of these charges? The defendant parents are refugees from the West African nation of Liberia. It is alleged that they used sticks, wires and their fists to disipline their daughter. (Legal Pub has been told that this is not uncommon in the homeland of Liberia. ) Allegedly, the suspect parents also allowed their daughter to wander their apartment complex alone at night, begging for food. KTVK's coverage But on inquiry, one suspects it was within the norm of their homeland to allow children of such age to wander in their villiages in search of handouts of food and clothing.


Liberian President Ellen Johnson Sirleaf commented that the parents' reaction after the rape was wrong and that they needed counseling. (In some parts of Africa, women often are blamed for being raped for enticing men or simply being in the wrong place at the wrong time. Girls who are raped often are shunned by their families. In recent years, Liberia has made efforts to combat rape under Liberian President Ellen Johnson Sirleaf’s leadership.) Given the cultural differences one must wonder if education of the parents concerning our cultural norms is preferable to punishment. Indeed, the filing of formal criminal charges against the parents makes one wonder what cultural counseling these parents will get behind bars if they are convicted?
In the mean time, Child Protective Services have custody of the girl. Prosecutors charged Steven Tuopeh,the 14-year-old Liberian refugee, as an adult. Three other boys — ages 9, 10 and 13 — were charged in juvenile court. Could the victim's parents who are facing charges of child abuse end up joining the alleged perpetrator in jail?

Monday, November 16, 2009

Dustin Reader Suspended For Supporting His NFL Team?


Some times, school authorities lack common sense. That seems to be the case with Ashley Payne (story below) and with Dustin Reader, a young Cincinnati Bengals fan. Dustin Reader was suspended from school on Nov. 9 because of this haircut. Dustin says his hair cut is not offensive nor is it gang related. Justin says his hair cut merely expresses his support for his beloved team. (Incidentally, Cincinnati had a big win over the Pittsburgh Steelers on Sunday so the haircut could become even more popular.


School officials in the Ohio city of Hamilton said they prohibit extreme and distracting hairstyles. Seems like school officials simply don't believe in freedom of expression. Shouldn't kids have some rights? Sure, schools need to prohibit outfits advertising gang affiliation. And profanity, certainly that is inappropriate. But a hair cut? Come on, school officials. Get your priorities in order.

Thursday, November 12, 2009

Teacher Ashley Payne Experiences Facebook Related Pain?


At what point does a teacher give up the right to have her own life outside of the classroom? That seems to be a question that extends to both sides of the controversy surrounding Ashley Payne. The Facebook account of Payne, a language arts teacher at Apalachee High School in Georgia, launched a controversy concerning the private life of teachers. School administrators questioned the material she posted on her Facebook page which included pictures of her trip to Europe. She also posted comments about a game she plays with friends. (Photos show Ashley holding beer mugs and glasses of wine. The game was "Bitch Bingo.") Payne claims that none of the material was inappropriate. However, she says she was pressured to resign because a parent complained about a picture of her holding a drink in her hand.

Payne is now suing to get her job back.

Barrow County Schools officials responded to the former high school English teacher's lawsuit by saying that the 24-year-old teacher jumped at the chance to resign after officials told her she could be suspended because of photographs and profanity on her Facebook page. According to school officials, Payne quit before officials could explain the school's disciplinary process or her right to a personnel hearing.
Has their been a violation of the Georgia Fair Dismissal Act? It is clear that no one told her she was entitled to a hearing or that a suspension would not have lasted more than 10 days, according to her attorney, Richard Storrs. However, the schools response is equally clear, "...these disclosures were precluded by Plaintiff's request to resign." It is the school's position that a teacher who resigns is not entitled to a hearing.

School district officials are seeking to dismiss the suit. Payne is seeking compensation for back pay with reinstatement of her job. The rest of us are interested in what if any rights teachers have with regard to their private lives. If a teacher can be disciplined for being photographed with an alcoholic beverage, can they also be disciplined for drinking in public? Is the same true for school officials at the Christmas Party at an administrator's home?
Update 11-16-09: Ashley, if you want to give us an update, please email legalpub@legalpub.net.

Tuesday, November 10, 2009

Judgment Day For John Muhammad In Front Of His Maker


Every dog has its day. There is no exception, not even for John Muhammad, the mastermind behind the Washington-area sniper attacks of 2002. Muhammed is scheduled to face the music tonight unless a last minute stay is granted. Otherwise, he will die by lethal injection at a state prison near Jarratt, Virginia. Throughout two trials, Muhammad has maintained his innocence despite testimony to the contrary from his young accomplice, Lee Boyd Malvo.


Prosecutors theorize that John Muhammad intended the killings to cover up his real goal of killing his ex-wife Mildred and gaining custody of his three children. (FOR THOSE NOT FAMILIAR WITH THIS ALL TOO COMMON THEME, READ LEGAL PUB'S PROPOSAL TO REDUCE DOMESTIC VIOLENCE. LINK. ) Mildred Muhammad, ex-wife of the alleged "D.C. Sniper" feels guilty as she knows that John's anger was really directed at her. She has no plans to visit John before the execution. On the other hand, John Muhammad's other ex-wife, Carol Williams, told Larry King that she plans to visit him in prison with their son Tuesday before the execution. While John Muhammed maintains his innocence, his peers have found him otherwise. After tonight, your ultimate appeal shall rest in the hands of your maker.
Update 11-11-09: Sniper John Allen Muhammad utter not one single last word as he was executed. He has taken to the grave answers about why and how he plotted the killings of 10 people that terrorized the Washington, D.C., area in October 2002. May God have mercy on his sole.

Saturday, November 7, 2009

Why Women Like Men With The Bad Boy Edge ~by Secret L.A. Reader


First, I never dreamed I would submit an article to "Legal Pub." But I got hooked on this site and I really am tired of being asked by men, "Why don't you ever give a nice guy a chance?" So from here on out, L.P., I am just going to refer the inquisitive to your site.


Why are most of us women not attracted to "nice guys?" Get a clue! In my observation, most "nice" guys are not as nice as they like to think. In fact, the majority of "nice guys" are whiny, close-minded, judgmental, spineless, controlling, and weak. Most of us independent women don't find such traits to be "nice" or "attractive." The type of man most of my peers are attracted to have the following traits: decisive, action oriented, determined, aggressive, intelligent and successful. Unfortunately sometimes those traits also come with a "liar" and a "cheat" attached. But who can say no if you are attracted to them?


"Nice guys" tend to be needy and boring. I hate boring. A person succeeds at dating when you give the opposite sex what they truly want. Most women want a man who will stand strong and remain in control of himself. Young women may want an OCCASIONAL COMPANION who wants to have fun. But they almost universally do not desire some full time clinging, whining snivelling leach. Codependency is not a turn on, guys! Young women want EXCITEMENT. We want to have fun with impulsive, thrill seekers that have the "player's edge." Males that exude testosterone inspire desire and that leads to passion. Games and lies are just sometimes an unfortunate part of the wild ride.


"Nice guys" project neediness. They create an impression that they need a mother rather than a lover. Men that go out of their way to please a women will be used and soon rejected. In sum, once a man allows a woman to have the upper hand in the relationship, she loses respect for him. Once respect is gone, sexual attraction fades quickly. The man gets kicked into "The Friend Zone" and from there fellows, it is terminal.


Want a woman? Be the guy that never allows a woman to control him in any way. A good relationship evolves only after attraction. Once trust and decisions making protocols develop over time, only than is marriage an appropriate topic. Than the rules of the partnership can be discussed and negotiated before any permanent union. Fortunately for a few of you nice guys, women's taste in men mature as women age. As choices in lifestyle, dress, and career change, so does the type of partner that a mature woman seeks. Over time, the woman transitions and begins to look for a husband and father. More emphasis is placed on honesty, work ethic, family values, and responsibility. Don't be confused, women still don't want a weak, whiny, judgmental, superior acting man. It's just that a mature woman is willing to compromise some of the bad boy traits in exchange for stability.


But short of marriage, why SHOULD any woman be attracted to a "nice" guy? Before I started reading this forum, I thought there must be some sort of law about it or why would people discuss "nice guys" on Legal Pub? Well I can't find a legal statute any where, so why should I be treated like a criminal just because I prefer thrill seeking, impulsive men that the public labels as "bad boys?" Sometimes, guys, I like what I like and that simply is not most of you. And before you condemn me, I have my own career, my own money and even more importantly, I am attracted to "MARRIAGE STRIKE" guys.

Friday, November 6, 2009

Major Nidal Malik Hasan Likely Suffered From Vicarious Trauma or Compassion Fatigue.


13 were shot to death and about 30 others wounded by Major Nidal Malik Hasan. Why? Certain clues are now being discovered that hopefully will lead to prevention of such future incidents. CNN published surveillance video from a 7-11 in Fort Hood that shows Hasan at the cashier's counter at about 6:20 a.m. on the morning of the shooting. He was dressed in traditional Arab garb. He ate his routine breakfast. There were no overt signs that he was about to shoot people. But what lurked beneath the surface?

The owner of the store knew "Major Nidal." Hasan was born in Virginia but was of Jordanian decent. Hasan asked the store owner whether he planned to attend Friday Islam prayers, to which the owner replied that he was too busy. While Hasan was a major in the Army, since 2001, he had been telling his family that he wanted to get out of the military because he had been taunted after 911. Hasan was scheduled to deploy to Iraq. According to his cousin's quote in the New York Times, "He was mortified by the idea of having to deploy... He had people telling him on a daily basis the horrors they saw over there."

Others such as Staff Sgt. Marc Molano, knew Hasan as a psychiatrist who treated soldiers for Hasan for post-traumatic stress disorder (PTSD). While some find it hard to believe that Hasan could do such a thing, it was clear that he did not support the cause in Iraq. Shootings


One can only imagine all of the horror stories from soldiers who have come back from Iraq and Afghanistan that were shared with Hasan. Such trauma is also known as vicarious traumatization or compassion fatigue. (Attorneys sometimes see family members of loved ones who have been vicariously traumatized by a family member's severe injuries. But of course they don't go and murder a bunch of people!)


With Husan, there were clues that things were not right. Hasan received his appointment to the Army as a first lieutenant in June 1997 after graduating from Virginia Tech with a degree in biochemistry. Six years later, he graduated from the Uniformed Services University of the Health Sciences' F. Edward Hebert School Of Medicine in Bethesda, Maryland. He did an internship and then a residency at Walter Reed Army Medical Center. In 2003 he was promoted to captain. In 2009 he was promoted to major. In 2009, Hasan completed a fellowship in disaster and preventive psychiatry. He had been awarded the National Defense Service Medal, the Global War on Terrorism Service Medal and the Army Service Ribbon. Hasan had never been deployed outside the United States. But something was not right. Hasan posted internet comments where he compared suicide bombers to a soldiers who fall on a grenade to save the live of others. And there was the legal clues. Hasan sought legal advice to try to get out of the Army.


President Obama called the shootings "tragic" and "a horrific outburst of violence."
Texas Gov. Rick Perry ordered that all flags in the state be lowered to half-staff as a tribute to the victims. What do the rest of us say? How about: "Thanks for those who have served our county in our armed forces. We truly appreciate your service and sacrifice. For those who do not want to continue to serve, here are your discharge papers. For any citizen who does not want the freedoms of our great nation, here is a plane ticket and a permanent visa to the country of your choice."
Update 11-9-09: Reports have surfaced that Hasan attended the same Virginia Mosque that a couple of the 911 terrorists apparently attended. The deceased victim of the Ft. Hood massacre include: Michael Cahill, 62, a physician's assistant; Maj. Libardo Eduardo Caraveo, a psychologist from Woodbridge, Virginia; Army Staff Sgt.; Justin DeCrow, 32, from Plymouth, Indiana; Capt. John Gaffaney, a psychatricc nurse from San Diego, California; Spc. Frederick Greene, 29, from Mountain City, Tennessee; Spc. Jason Dean Hunt,22, from Tipton, Oklahoma; Pfc. Michael Pearson, 22, from Bolingbrook, Illinois; Capt. Russell Seager, 51, from Racine, Wisconsin; Pvt. Francheska Velez, 21 from Chicago, Illinois; Juanita L. Warman, from Havre De Grace, Maryland; and Spc. Kham Xiong, 23, from St. Paul, Minnesota.

Wednesday, November 4, 2009

Is Anthony Sowell Without A Soul?


When will we ever learn? Tolerating such conduct in society must become a memory of the past. If this story doesn't warrant mandatory chemical castration for convicted rapists, than perhaps nothing will.* Investigators have discovered that the Cleveland, Ohio home of a "convicted sex offender," Anthony Sowell, has been the resting place of at least 10 bodies. (Apparently Sowell had been previously charged with rape but convicted of attempted rape.) Anthony Sowell, may be responsible for 11 deaths. Cleveland Police Chief Michael McGrath hopes there are no bodies but they will continue to search in order to make sure. Sowell, 50, is charged with five counts of aggravated murder. He is also charged with rape, felonious assault and kidnapping.


Sowell was arrested Saturday after police discovered the decomposing bodies of five females inside his home and another woman's body outside the house. Four more bodies were discovered Tuesday buried in the yard. A skull wrapped in a bag was also found in a bucket in the basement. The victims have yet to be identified. Of the first six bodies discovered, five are believed to have been strangled. Sowell was convicted for a 1989 rape and was imprisoned from 1990 to 2005. Since his release from prison, Sowell apparently has lived at the home where the bodies were found. Cuyahoga County Sheriff's Office checked on Sowell regularly. They last checked on him September 22 to confirm his address. But about a month ago, a woman accused Sowell of rape and assault. The New York Times published a neighbors complaint that police were not proactive enough. Specifically, the Times reported that Fawcett Bess, 57, the owner of Bess Chicken and Pizza, said that about two weeks ago, he found Anthony Sowell in the bushes naked and standing over a battered, naked woman. Bess called 911, and an ambulance soon took the woman away. Bess was disappointed that the police did not show up until two hours later. Bess claims the police never interviewed him. Perhaps it was this woman's complaints that triggered the issuing of warrants which led to the grizzly discovery. New York Times Link.


Sowell apparently only works as a "scrapper." He finds scrap metal and takes it to junk yards to sell. If convicted, it sounds like Sowell will be looking for future employment behind bars.


Sowell must be considered innocent unless otherwise proven in a court of law.
* Even France is considering mandatory chemical castration for convicted rapists.
*Poland is also considering adopting such laws for certain sex offenders. LINK.
Update 11-5-09: The body count now is officially 11. Tonia Carmichael, a 52-year-old woman who had been missing for about a year, is the first body identified.
Tonia was last seen on November 10, 2008. She disappeared from Warrensville Heights. Her vehicle was found in Cleveland.
Update 11-09-09: To date, the following victims have been identified: Tonia Carmichael, 52; Telacia Fortson, 31;Tishana Culver, 31; and Nancy Cobbs, 43.