Monday, July 30, 2007

Failure to Preserve Constitutional Separation of Church and State Result in Ronald Marquez Death? Exorcism Update

Ronald Marquez of Phoenix, Arizona was killed by Police officers as they attempted to break up his exorcism of a young girl. The young girl is believed to be the granddaughter Marquez. He was choking her when the police used stun guns to subdue him. Shortly thereafter, Marquez died. Ronald Marquez was 49 years old.

The girl's mother was in the room during the exorcism. She was also injured by the police during their struggle with Marquez. A relative of the girl reported the exorcism to the police and also informed them that an unsuccessful exorcism had also been attempted last Thursday.

"The purpose was to release demons from this very young child," said Sgt. Joel Tranter.

A bed had been pushed up against the door. Officers forced the door open to see Marquez choking his bloodied granddaughter. The mother is a 19-year-old woman who was also in the room, chanting "something religious," Tranter said.Officers used the stun gun several times on Marquez. He initially appeared unharmed; however, after he was handcuffed, he stopped breathing. Marquez's daughter and granddaughter lived in the house with Marquez. Now the question remains, was this a privileged religious ritual or a crime? Keep in mind exorcism is grounded in Christiananity. St Francis performed a famous exorcism of demons at Arezzo.
Update 8-8-07: Biblical cites supporting exorcism provided in comments by J.J.

Saturday, July 28, 2007

Marriage Strike Advocates New Banner? Update:1-24-12

Marriage Strike? Catch and release may be the theme of the marriage strike advocates. But what does marriage strike really mean? Posters have shared with Legal Pub that the movement started in California where alimony laws led to disastrous results for some men who were ordered to support their ex-spouses indefinitely. (This was despite their wives cheating on them and their ex living with another man or woman.) As a result, these men (and a few women) vowed to never remarry until divorce laws became fair to both sides. The movement spread to individuals who have never been married. The movement continues to gain momentum as it has spread across the country. The Bush administration tried to minimize the financial burden of marriage by reducing the "marriage tax" penalty, but it still exists today. It has never been about not supporting one's children. Obligations to support children is a given. (Marriage strike advocates who are parents tend to be great fathers and mothers who are active in their children's lives.) The movement is, however, about the law treating men and women as equals. Today, there is no logical reason why either sex should have to support an ex who is able bodied. The availability of alimony should be limited to case of financial hardship caused by disability.

Update: 8-29-07: Women may also benefit from the Marriage Strike. A recent study shows that after marriage men do less housework than when they lived with the woman!
Update 10-2-07: By Bob P. I am a marriage strike advocate and self educated financial counselor. Legal Pub allowed me to post my analysis of the financial penalties of those who do not believe in the marriage strike. Suppose a single working woman with 3 children makes $30,000 a year and a man makes 150,000 a year. The woman, because of the earned income credit will pay $0 in taxes and the man approximately $39,000. Together, their tax is $39,000. Now the cost of that little piece of paper known as a marriage license is as follows: Joint income 180,000 total tax is $44,724 which is $5,724. (This analysis is post Bush tax cuts which tried to reduce the marriage tax. The unmarried woman in the example may actually qualify to get additional money from the IRS which would just further increase the marriage penalty ) Have college bound children? A single parent who marries may lose college scholarship and financial aid due to a marriage even though the new husband (step dad) has no financial obligation to support his wife's children. Possible cost of the little piece of paper in this case could be over $100,000. Bob P.

Update 10-8-07
In a study of 9,011 British civil servants, those with the worst close relationships were 34 percent more likely to have heart attacks or other heart trouble during 12 years of follow-up than those with good relationships. That included partners, close relatives and friends according to a study in Monday's Archives of Internal Medicine. 'OK, being married is in general good, but be careful about the kind of person you have married.' The quality of the relationship matters," said author Roberto De Vogli, of University College in London. Over the following 12 years, 589 participants had heart attacks or other heart problems. Those with the highest negative scores on the questionnaire had the highest risks, even taking into account other factors such as obesity, high blood pressure and smoking. James Coyne, a University of Pennsylvania psychology professor who also has examined the health impact of social relationships, said De Vogli's results "make intuitive sense."

Update 4-14-09. Some information concerning unfair alimony. LINK.

Update 1-24-12:
A study published in the Journal of Marriage and Family has found that the physical and emotional benefits of marriage do not outweigh the benefits of just living together. Science Daily. The study by Cornell University's College of Human Ecology, followed 2,737 single men and women from the National Survey of Families and Households for six years. 896 of those folks either married or moved in with their partners. Compared to those who stayed single, both married and cohabitating participants experienced the same increase in well-being (based on questions about their happiness.

Vicious Pit Bull Attack! Why not to be like Mike

Want a good reason not to be like Mike? Mike Vick apparently participated in vicious dog fighting. For most that is reason enough. Some question why vicious dogs are so bad. In Covington, Oklahoma, they answered that question when a pit bull dog had to be shot by a Garfield County sheriff's deputy after the dog attacked this town's mayor (Jim Postier) and a little boy.

The dogs knocked Jim Postier over and he hit his head on the asphalt road. Postier was flown by medical helicopter to St. Anthony Hospital in Oklahoma City for treatment of a fractured skull. Denise Kibbe said she and her teenage children were held hostage behind a fence for several hours while the dogs were running rampant. A 6 or 7 years old boy avoided injury by tucking his knees under his body and putting his hands over his head. The boy sat still until the dogs left him alone.

The Mayors son, also named Jim Postier, fought off the dogs with a long metal pole until his father (the mayor) regained consciousness. Sheriff's deputy Dennis Voth shot one dog three times in the head as it was coming toward him. William Palmer, the dogs owner, claims the female dog had always been docile and friendly. Palmer plans to euthanize the other dog that participated in the attack.

There have been too many pit bull attacks. For example, in November of 2006, a 10 year old boy in Illinois was critically injured as a result of being attacked by three pit bulls that escaped from a home and attacked six people. Police shot and killed the dogs, but not before the damage was done.

Pit Bulls are dangerous. They can become psychotic with little or no warning. Animal advocates do not want to outlaw them, fine. Pass a law that anyone who keeps such animals should be treated as if they are harboring alligators. If they attack someone, strict civil liability, mandatory $100,000 fine and criminal liability up to 5 years in jail. With such a law in place, let us see how confident such owners are that their pit bull will never bite anyone.

Friday, July 27, 2007

Recent Photo of Ponytail Bandit or Mild Manored School Teacher? Compare FBI Photos to Morgan Michelle Hoke Photo. Who is The Real Ponytail Bandit

Could this woman in black be the Pony Tail Bandit?
The Ponytail Bandit always wore a cap during her bank robberies. (This woman is wearing a cap.) The Ponytail Bandit in red is estimated to be in her 20s. (This woman looks to be in her 20's.) The FBI thinks the woman in the red is responsible for at least three bank robberies in Austin, Texas and for similar robberies in Roseville, California, and Lynnwood, Washington. The Ponytail Bandit wears a baseball cap and has shoulder-length blond hair pulled back in a ponytail. (This lady typically wears her hair in a ponytail. The hair is darker, but in the age of hair dye, that could be a disguise.)

The female suspect typically slouches with her arms folded. (This woman is exhibiting similar posture and has her arms folded.) "In each of the robberies, a woman entered the bank, verbally demanded money, and then left the bank on foot," according to the FBI. (This woman is on foot.)

Looks like a possible match. But look what happened the last time the FBI jumped to conclusions in Boston? Well, Federal Judge Nancy Gertner
ordered the government to pay a record judgment of $101.7 million because agents withheld evidence that would have kept four men from spending decades in prison for a murder they apparently did not commit. The case involved the 1965 murder of Edward "Teddy" Deegan who was shot in an alley.

The Judge opined that Boston FBI agents knew mob hitman Joseph "The Animal" Barboza lied when he named Joseph Salvati, Peter Limone, Henry Tameleo and Louis Greco as Deegan's killers. Tameleo and Greco died while in prison. Salvati and Limone spent approximately 30 years incarcerated before they were exonerated in 2001. Salvati, Limone and the dependents of the deceased suspects sued the federal government for malicious prosecution.
"What I've been through - I hope it never happens to anyone else," said Limone who is now 73.

Judge Gertner said FBI agents Dennis Condon and H. Paul Rico not only withheld evidence of Barboza's lie, but allegedly told state prosecutors they had confirmed Barboza's story. The government argued that federal authorities had no duty to share information with state prosecutors. Judge Gertner disagreed and awarded $26 million to Limone, $29 million to Salvati, $13 million to Tameleo's estate and $28 million to Greco's estate.

So is this another photo of the Ponytail Bandit? No, but she probably could use the money!

Update 2-14-08: Morgan Michelle Hoke is pictured in the above photo taken in Thailand. She is alleged to be the real Ponytail Bandit. But doesn't the mild mannered teacher look like a closer fit to the FBI photos?

Update 6-19-08: Morgan Michell Hoke had good news recently. The so-called “Ponytail Bandit” had one of the cases against her dismissed in California last month. Morgan Hoke is accused of a string of bank robberies in the Austin area, California and Washington state. A judge in Los Angeles dismissed the case against her there. She is expected to be tried in federal court in Sacramento later this year.

Desperate Daters (Grunke and Radke) In Wisconsin Attempted to Fornicate With A Corpse?

More proof that men in Madison, Wisconsin apparently need severe help when it comes to dating. (Ian, offer of God is a Woman are your ready to help them?) Three desperate, perverted men actually attempted to dig up a young woman's corpse just to have sex with the body! As sick as this is, an appellate court has held that the charges of attempted sexual assault must be dismissed because Wisconsin has no law against necrophilia. The trial court judge initially dismissed the charges against brothers Nicholas and Alexander Grunke and Dustin Radke. These young men were all 21 years old. Wisconsin lawmakers never intended to criminalize sex with a corpse according to the District 4 Court of Appeals.
The three men saw the woman's photo in her obituary. They went to a cemetery in Cassville and dug up the body of Laura Tennessen, 20, who had been killed in a motorcycle crash. They ran off after a car drove into the cemetery. (They never completed their plan.) The men were charged with attempted third-degree sexual assault and misdemeanor attempted theft charges. Grant County Circuit Judge George Curry dismissed the sexual assault charges and Prosecutors appealed. Sen. Dale Schultz has now introduced legislation Wednesday that would make having sex with a corpse a felony with punishment of up to 6 years in prison. The same penalty would apply to anyone who intentionally disturbs a burial site.

Thursday, July 26, 2007

Margaret Ruth "Maggie" Hilbrands Dies in Softball Accident. Please Advocate for Safer Softballs and Baseballs. Andy Buff, Cayden Huel, Brandon Patch

Margaret Ruth "Maggie" Hilbrands lost her life this week in Grand Rapids, Michigan. She was 12 years old. While taking infield practice, she missed the ball and got hit in the head. She lost consciousness and died a day later in the hospital. Legal Pub believes this may be a needless death because the game is supposed to be "softball." Whether a safer ball would have prevented Maggies freak death is debatable. Yet, to this day they play the game with balls that have a compression that makes the ball harder than is necessary. Before sport's nuts jump all over me as an "outsider," I have coached class A and class B traveling softball teams for over 15 years. I am proud to claim former players who have gone on to excel in college. Even though the core of the ball has been reduced to .37, there is no reason it can not be further greatly reduced.
Maggie was hit by a ground ball during an infield drill. Granted, it was a freak injury to an artery. However, this came only days after the death of minor league baseball coach, Mike Coolbaugh. Mike was killed by a batted baseball. (Baseballs are even more dense than Softballs.) Maggie died at DeVos Children's hospital. Her mom, Jan Hilbrands did not blame anyone. However, if Mrs Hilbrands starts directing blame toward the manufacturers of the ball and the associations that govern play, perhaps they will create a safer less dense ball. Maggie was going into the seventh grade at Christian Middle School. Her team Lowell Extreme has scheduled a memorial tournament in Maggie's honor. That is great. Now in her honor, please ask the manufacturers why a less dense ball should not be used to play this great sport known as "softball." Even if it could not have prevented Maggie's death, it may save some future player form serious injury.
Update 8-6-07: Reader comments have added some statistics of injury. Judge for yourself.

Update 8-10-07: A reader comment has referred to a medical examiners report that in his opinion the hardness of the ball may not have been related to the fatal injury.

Andy Buff

Update 9-29-07
Andy Buff an 11-year-old boy was hit with a baseball as he squared to bunt. He was hit in the chest by the ball, lost consciousness, and his pulse stopped. Fortunately, quick work from two medical professionals who had sons playing in the Greenville County tournament saved Andy from death. A 2005 article by Dr. Michael A. Yorio and Dr. Tom Marino of the University of Maryland Sports Medicine call such injuries, commotio cordis ("sudden cardiac death after a chest blow without physical damage to the heart.") The doctors wrote that blunt trauma to the chest from a hard ball is transmitted to the heart. If it occurs at the wrong time during a heartbeat, it disrupts the organ's electrical system and triggers a change from a normal rhythm to a fatal arrhythmia. Thank God that two professionals were present this week to save Andy Buff. Perhaps someone will hear the call to use lower compression and lower core balls in sports.

Update 11-05-07 Anyone listening yet? In Florida, Cayden Huels (age 4) died after he walked in front of a "pitch-back net and was hit in the chest by a baseball.
Cayden Huels was a victim of a sudden heart disturbance "commotio cordis". "It has to be a specific location and carefully timed in the cardiac cycle," said Dr. Barry Maron, a cardiologist with the Minneapolis Heart Institute Foundation. An autopsy Friday showed Cayden died of ventricular fibrillation caused by a blunt impact to the chest, said Harrison Cowan, a medical examiner's investigator in Tampa.
Update 4-28-08: Story about a woman who injured her eye from a thrown softball. LINK.
Update 10-29-09: A Helena District Court jury has awarded actual damages of $850,000 to the family of Miles City American Legion baseball player Brandon Patch. Brandon died six years ago after he was hit in the head with a baseball batted from an aluminum bat. The verdict was against Hillerich & Bradsby for failure to place warnings on the bat. However, the jury decided the bat was not defective. Hillerich & Bradsby make Louisville Slugger aluminum baseball bats. Patch's attorney Joe White unsuccessfully argued that the bat in question has a defective design because it can hit a ball so fast you can't see it. Helena District Judge Kathy Seeley presided over the case. It would have set a much better precedent if the manufacturer of the ball had been targeted.

Braddy Solution to Reduce American Troop Mortality in Iraq

Lt. Gen. Ray Odierno, the top day-to-day U.S. commander in Iraq, blames Iran for the improvement in the resistance in Iraz. There was a slight decline in the number of American troops killed this month. (60+ U.S. troops have died so far in July.)

Odierno apparently thinks fresh U.S. troops will reduce the casualties. I want to improve and refine his suggestion as follows:

Bring home all of our fine men and women and replace them with a crack unit made up of all U.S. murderers and rapists under the command of Harrel Franklin Braddy. His first assistant officers should be Steven Hayes and Joshua Komiserjevky (in charge of door to door home invasions in search of terrorists) Zhenli Ye Gon (in charger of international transport logistics- smuggling) James Madison (Mad Hatter in charge of finance and currency. Also packing of supplies, since he has a fondness of suit cases) and Mark Goudeau the Baseline killer in charge of base security.

Everyone wins. Our great military comes back home to their families and loved ones. The U.S. rids itself of the burden to house, feed, educate and reform these "animals." The convicts escape the death penalty and will get a new perspective on freedom. The terrorists will examine criminals who share their "love of violence" and will be forced to become preoccupied with confronting these individuals on their own soil. Few people will grieve when 100 such murders or rapists lose their lives over in the middle east.

I bet some would even be willing to send Lindsay Lohan over with their to provide the entertainment.

It is a win, win situation for all involved. Please write your congressman.

Hardened Criminals like Harrell Franklin Braddy, Mad Hatter and Lindsay Lohan Do Not Deserve All of the Headlines

Not another story about hardened criminals Harrell Franklin Braddy, the Madder Hatter, or even Lindsay Lohan. This story comes out of New Jersey where victim, Daisy Valdivia, has reported that someone stole her backyard pool. The pool held 1000 gallons of water. It was stolen without leaving behind a splash, drip or trace. Valdivia discovered that her family's hip-high, inflatable, 10-foot (3.05-meter) diameter swimming pool was stolen Wednesday.

The theft occurred between 1 a.m. and 5 a.m. If anyone saw the thief, please contact the New Jersey State Police or the FBI. For that matter also sign him or her up to a contract because anyone that can make 1000 gallons of water disappear without a trace has a David Copperfield like career ahead of them.

Wednesday, July 25, 2007

Is Prison Reform for Convicts like Joshua Komisarjevky and Steven Hayes a Waste of Tax Payer Dollars? Update

Is any argument that criminals can be reformed now moot? Lindsay Lohan fails rehab and commits her second DWI. James Madis,The Mad Hatter, (on probation for murder) gets caught robbing a bank, Harrel Franklin Braddy, was out on parole when he apparently threw a child into an alligator pit. Now, Joshua Komisarjevky (age 26) and Steven Hayes(age 44) , both parolees with long criminal records, were arrested in Cheshire , Conn on charges alleging they broke into a doctor's home, forced a withdrawal of cash from a bank and set fire to the house. The doctor's wife and two daughters were killed in the fire.Both Komisarjevky and Hayes have multiple convictions for burglary and were out on parole at the time of this incident.

(Muldoon Photography)
As for prison education working, how smart could these thugs be? The suspects were caught driving the family's SUV as they left the burning home. The brilliant thugs had taken one of the hostages (assumed to be the wife ) to the bank to force a withdrawal. They apparently returned to the home and set it on fire. They were caught driving the families SUV shortly after setting the home on fire.

Jennifer Hawke-Petit (48), Hayley Petit (17) and Michaela Petit (11) all apparently died in the course of this tragic crime. Dr. William Petit Jr., 50, was severely injured in the attack but survived.

Joshua Komisarjevky, and Steven Hayeswere charged with arson, assault, burglary, kidnapping, robbery, and sexual assault. Bail is $15 million each. Additional charges (including murder) are likely.

Dr. Petit, 50, is a specialist in diabetes and endocrinology at the Joslin Diabetes Center Affiliate at The Hospital of Central Connecticut in New Britain. Jennifer was a nurse and co-director of a health center at a private boarding school. The waste of three lives and the injury and the emotional trauma to Dr. Petit is inexcusable and warrants revisiting the archaic belief that prison reform and early parole make for a better society. When does the madness end?

Short official answer: State officials claim they will re-examine their parole policies. However, Robert Farr, chairman of the Connecticut Board of Pardons and Parole, said neither suspect had a history of violent crimes. Both were free on parole after serving prison time for burglary convictions in 2003. They spent time last year in the same halfway house in Hartford this spring. (Great so not only did prison fail to reform them, it made them become violent!)
Update 10-5-10: Steven Hayes, 47, was convicted of capital felony, murder, sexual assault and other counts by a jury that heard eight days of testimony.

Tuesday, July 24, 2007

Our Favorite Screw Up, Lindsay Lohan Arrested for Second DWI?

Lindsay Lohan was apparently arrested again for drunk driving early this morning. Lindsay joins the two time losers club with her second DWI in less than three months. She was picked up by the L.A. County Sheriff's Dept. Lindsay is now a proud 21-year-old with two DWIs! How proud her mom must be!

Lohan still faces charges of DWI and misdemeanor hit and run as a result of her Memorial day mistake. The arresting officer is also reporting that Lindsay had some cocaine in her possession. Apparently at the time of the arrest, Lindsay was chasing the mother of Lindsay's former assistant in her car.

Lindsay has been through rehab and even voluntarily wore a SCRAM alcohol monitoring bracelet for a couple of weeks. So much for reform and rehabilitation.

Update 5-25-10: Lohan left the Beverly Hills courthouse Monday wearing an alcohol monitoring device. She will be subject to weekly random drug tests. Its possible that she won't be able to go to Texas to work on a film that had been scheduled. Missing last weeks court date because she claimed she was stuck in Cannes, France, after her passport was stolen, was not a good move. Lohan is on probation for drunk driving and Judge Marsha N. Revel has order Lohan not to consume alcohol, to wear an alcohol monitoring bracelet and to submit to random drug testing every week in Los Angeles. Lohan must also attend a weekly alcohol treatment program. Next hearing is July 6.

Update 9-21-10: Judge Fox has revoked Lindsay Lohan's probation. According to her Twitter, Lohan acknowledged admitted that she failed a recent drug test and that she was "prepared to appear before judge Fox next week."

Alleged Meth King Busted? Zhenli Ye Gon Arrested

Meth is now a problem world wide. The perception is that use of Meth is more acceptable in the U.S. That is a horrible commentary on the state of the war against drugs. Fortunately, U.S. federal agents took a step toward fighting the problem when they arrested arrested alleged methamphetamine trafficker Zhenli Ye Gon. Ye Gon was arrested in a restaurant in Rockville, Md. He was meeting with a lawyer at the time of his arrest. This arrest will involve a complicated application of extradition laws involving both Mexico and the U.S. Ye Gon is a Chinese-Mexican businessman. He is charged with organized crime, drug trafficking and weapons charges, according to Mexican officials. Mexico wants Ye Gon extradited to stand trial. Ye Gon apparently prefers to be tried in the U.S.

Meanwhile, back in Mexico City, Ye Gon's mansion was the site of North America's largest seizure of cash alleged to be associated with illegal drug operations. DEA spokesman Garrison Courtney confirmed that Ye Gon was arrested on drug smuggling and money laundering charges.

In March, Mexican agents found more than US$207 million in dollar, peso and euro bills in a home owned by Ye Gon. The money is believed to be associated with the world's largest networks for trafficking pseudoephedrine (main ingredient in methamphetamine and S udafed!) Ye Gon contends the chemicals were legitimate and intended for use in prescription drugs. Ye Gon did not resist arrest. Ye said,"Only the United States can provide the most comprehensive procedural safeguards concerning what is happening on the Mexican side." Ye Gon will likely apply for political asylum in the U.S. Rogelio de la Garza is Ye Gon's lawyer in Mexico. Apparently, Ye Gon contends the some of the money in his home was being stored there on behalf of the ruling party in Mexico. (Play the conspiracy defense.)

Whether he is tried in the U.S. or in Mexico, if guilty, then I hope Ye Gon is GONE for good! However, keep in mind all suspects are presumed innocent until otherwise proven guilty in a court of law. Ye Gon has a very good lawyer so a conviction is not a given as he could be innocent.

Monday, July 23, 2007

Capture of Mad Hatter Bandit a.k.a. James G. Madison?

No, the Ponytail Bandit was not captured. But the FBI thinks they got the "Mad Hatter Bandit."

(The two of them could have been Bonnie and Clyde.) Reports coming from Mount Laurel, New Jersey indicate that the FBI thinks they may have their man. James G. Madison is thought to be the serial bank robber known as the "Mad Hatter." James G. Madison, age 5o, was apparently released in 2005 after spending eighteen years in prison for the death of his girlfriend. (Madison was convicted of the January 1986 manslaughter of Terry Wells.)

Well's body was discovered in a suitcase rcovered from the Passaic River. Madison apparently struck Wells with a lamp during a fight. Madison was paroled in May 2005 after serving 18 years of a 40-year sentence. Madison was arrested this week on suspicion of robbing a Union Township bank. FBI Special Agent Sean Quinn believes the robbery to be attributed to the "Mad Hatter." Madison is to appear in U.S. District Court in Newark. 17 banks are believed to have been robbed by the "Mad Hatter" between last year and Sunday's robbery of a Bank of America branch. The most recent robbery netted $3,000. (Hardly a recipe to get rich.) The mad hatter was typically described as "a middle-aged man of average height and build. He sometimes wore a flannel shirt, sometimes a blazer. But he always wore a baseball cap, a fishing hat, or a military hat. (That is why he is the "Mad Hatter," silly. But this is no "Alice in Wonderland" story by Lewis Caroll.)
Sunday the robber wore a yellow baseball cap without any other disguise. A bank employee saw a black Nissan Altima's license plate. Madison's live in friend lent him her Altima on Sunday morning (apparently not to go to church.) When he got home, she saw him counting $20-, $50- and $100-dollar bills (maybe he got that from the church collection?) On Monday, they arrested Madison. The "Mad Hatter" was nearly apprehended after he robbed a Montclair bank in May. He threw the money in a storm drain when red dye exploded in the money bag. (Maybe this explains why the obese man really got stuck in the storm drain?) Madison may not be the Mad Hatter. There is always the chance that publicity sponned some copycat robberies.

The Star-Ledger of Newark apparently was the first to report this story.

As always, Madison is presumed innocent until proven guilty.

Is Mark Goudeau Arizona's "Base Line Killer ?" Update: Wendy Carr Says No. Update 9-15-09

Mark Goudeau, a former "MOST WANTED" star is charged with twenty crimes, including sexual assault, arising out of an alleged September 2005 attack on two sisters. During the police investigation of the Baseline Killer (a serial killer named for a Phoenix street where many of the early attacks took place) the police stumbled on to Goudeau who is accused of sexually assaulting two sisters. Goudeau, age 42, lived near the place where several attacks occurred between August 2005 and June 2006. Goudeau was arrested on September 6, 2006. Apparently Prosecutors plan to show that Goudeau's DNA links him to the September 2005 attack on the sisters in South Phoenix Park.

The first trial began today and is expected to last several weeks. A second trial on nine murder counts has not yet been scheduled. Goudeau has pleaded not guilty to all charges. DNA will play a critical part in the first trial.

Update 7-29-07: Mark Goudeau's wife, Wendy Carr, denies her husband is the Baseline Killer. She told the A.P. there is no way Goudeau is the serial predator who attacked 24 people and killed nine. "Mark is not slick enough to be pulling the wool over anybody's eyes. I don't think I would have been as happy as I was if there was weird stuff happening," she said. Wendy claims her husband is a victim of police "racially profiling."

Goudeau is innocent until otherwise proven guilty.

Update 12-20: Goudeau has been sentenced to 438 years in prison for the sexual assaults of two sisters. Mark Goudeau still faces trial in the slayings of eight women and a man. Goudeau had maintained throughout his trial that he was innocent despite allegedly being identified by both sisters as their attacker. DNA apparently was consistent with him being the perpetrator at least as to the rape of one of the sisters. Goudeau (43) is accused of being "Baseline Killer." .

If convicted of murder, Goudeau could get the death sentence. A Blog devoted to Mark Goudeau's innocence can be found here: LINK

Update 9-15-09: Is a possible lawsuit against the police in the works? See comment 9-14-09 from Mike and the link.

Scantily Clothed Tiger Time Lawn Care Workers Legally Increase Business or Open Door for Liability?

A lawn care business in Memphis Tennessee apparently believes sexuality sells service. Often, products have been associated with sexy actresses. But Tiger Time Lawn Care has extended this philosophy to the service industry by offering customers bikinis clad women to mow their lawns. Not surprisingly, passing cars honk and yell their appreciation, and we speculate they are not showing their interest in the lawn. Blair Beckman, 21, is one such employee. She apparently likes working in the sun. Apparently some customers sit back, have a cold drink and watch their lawn being mowed. Lee Cathey is the owner of the business. Lee apparently is willing to offer leaf raking on similar terms in the fall. (Photo courtesy of WXIA T.V.)

To date, there apparently has not been any interest in a male version of the bikini lawn cut.

Legal Pub's questions if there is an accident caused by a distracted motorist, does Tiger Time Lawn Care become liable in damages? How about liability for sexual harassment by customers or those passing by?
Update 12-31: Happy New Year to our male readers. Fox Video Link.

Sunday, July 22, 2007

Stuck in a Tight Situation? 200 People Stuck in Arch

I have no known phobias. But when I last went up into the pod in the St Louis Arch, I felt very uncomfortable in the transporting pod. When at the top, it was crowded and as much as I dreaded the trip back down in the pod, I could not wait to get down from the stuffy Arch. A few weeks ago I took my kids to the Arch and did not go up to the top in the pod. Perhaps I had a pemonition of what was to come? ("Final Destination 3?")

This weekend, approximately 200 people were trapped inside the 630-foot Gateway Arch for about two hours. Apparently a power outage Saturday caused the trauma. Two trams filled with about 40 people each apparently stalled. Mike Maris is the deputy superintendent of the Gateway Arch and he provided estimated that about 100 other people were stranded at the top of the monument. Evacuation of the south tram took about two hours.Power was restored to the north tram. This allowed stranded visitors to avoid having to use the stairs to evacuate according to Capt. Steve Simpson, a spokesman for the St. Louis Fire Department. Rescue crews treated two people. One was given oxygen and the other was diabetic. Apparently most folks were in good spirits, but I bet they were relieved to be back on the ground.

The 630-foot-tall structure is operated by the National Park Service. Since 1966, the Arch has been a very popular tourist attraction.

Saturday, July 21, 2007

OxyContin Executives Fined For Not Publicizing How to Obtain a Heroin-Like High?

In southwest Virginia, a Judge has made a decision which may cause a few folks to scratch their heads. The order requires Purdue, the maker of OxyContin, and three executives to pay $634.5 million dollars in fines for failing to publicize the painkiller's risk of addiction. At first blush U.S. District Judge James Jones fine on the company and its lawyer (Howard Udell), former president (Michael Friedman) and former chief medical officer (Paul Goldenheim) sounds like a fair civil penalty. But a closer look at what transpired in the three-and-a-half hour hearing, raises some concern.

First this was a criminal sentence not a civil fine. Granted, there was testimony from several witnesses who said their lives were permanently changed by addiction to OxyContin (oxycodone.) If the pill is crushed to poweder its absorption is greatly expedited which magnifies the risks associated with the drug. But the pill was designed to be swallowed whole and digested over 12 hours. (That is how doctors instruct the pill to be taken.) However, if you crush the pill, it can produce a heroin-like high. Testimony reveal that if it is crushed and then swallowed, snorted or injected a heroin like effect occurs.
The number of deaths associated with OxyContin allegedly increased nearly five times from 1996 to 2001. Sounds bad. But the number of OxyContin prescriptions increased nearly 20 times according to the U.S. Drug Enforcement Administration. (Stop! That means that the number of deaths per prescription actually significantly decreased!) The DEA alleges that in 2002, the drug caused 146 deaths and contributed to another 318. (While any death is one too many, from a statistical standpoint, these are not huge numbers when you consider the number of prescriptions for OxyContin being written for severe debilitating pain.The drug comes with warnings and with any drug their are some recognized risks and complications)

In May, the three executives apparently tacitly admitted to informing doctors that OxyContin was less addictive and less subject to abuse than other pain medications. Formally, they each pleaded guilty to a misdemeanor count of misbranding the drug. (That is negligence opening up civil redress if they had knowledge to the contrary. However, negligence in failing to warn is usually left up to the civil trial lawyers and not typically criminally prosecuted unless there was intent to harm others.) The three individuals were fined a total of $34.5 million and each placed on three years probation. Each executive must also perform 400 hours of community service relating to the prevention of drug abuse. (Purdue was placed on 5 years probation.)

Former New York City Mayor Rudolph Giuliani helped the defendants negotiate with federal prosecutors. (Probably should have left the negotiations up to Howard Shapiro.) Several speakers called for jail terms for Friedman, Udell and Goldenheim. Defense attorneys argued that the three executives were given criminal convictions because of their job titles, not because they themselves promoted OxyContin as a drug with little addiction potential. Defense attorney Howard Shapiro said in court, "They are not here today because of any acts of misconduct on their part." (Again, with criminal law, the law usually requires intent to break the law. I doubt these suits had such intent.) Assistant U.S. Attorney Randy Ramseyer argued, "We cannot bring those people back. It's not something this case can do."

Dillie Walker and Joyce Walker of Bay City, Mich., testified that OxyContin has enabled them to function despite chronic pain. The drug continues to be legally prescribed for moderate to severe pain. Purdue has put in place training and monitoring programs to prevent overpromotion of OxyContin.

In sum: Purdue's three executives were personally criminally prosecuted, convicted, and sentence in part for their failure to inform the doctors and the public that if they crushed OxyContin and then swallowed, snorted or smoked it, an addictive heroine like high would result by speeding up its ingestion. (What a great how to instruction for those illegal street using drug users. ) Yes, it is addictive and should only be used for moderate to severe pain. But it is FDA approved and only available by prescription. And, I have yet to see a prescription that instructed that Oxycontin should be crushed and then swallowed, snorted or smoked.

Update 11-9-07: Marianne Skolek, the mother of a young woman who is believed to have died from from heart complications associated with oxycontin use is continuing the attack on Purdue executives. Link here.

Update 9-3-10: Pennsylvania treatment center offered to pay for a link. We didn't charge them since they asked the proper way. Such treatment centers offer a real benefit to those addicted. Please visit to learn more about this facility.

Friday, July 20, 2007

Michael Vick's Association with Dog Fighting and Animal Cruelty Destroys His Marketablilty? Update 8-14-09

Watching Michael Vick play quarterback for the Atlanta Falcons used to be a pleasure. I emphasize used "to be" because now when I think of Michael Vick, I think of everything that is wrong with famous athletes today. Who knows how Michael Vick's indictment (charges of operating a dogfighting ring) will end up? But at least one good thing has happened. The public has increased its awareness of animal cruelty. Canine death matches are barbaric, inhumane and illegal.

55 pit bulls were taken from NFL quarterback Michael Vick's property. It is estimated that there are thousands of canine death matches held each year in the United States.
Humane Societies, animal control agencies and police have all cooperated in raids on dogfighting. Seized dogs inevitably are euthanized. Carcases of dogs, bloody walls and flooring are common place at such matches. Dogs that lose their fight often are shot, electrocuted, or burned.

It is not uncommon for these raids to confiscate drugs, weapons and gambling money. Sgt. David Hunt of the Franklin County (Ohio) Sheriff's Office says, "There's only been one where we didn't find drugs."(Hunt testified before Congress last year.) Dogfighting is a federal felony. Vick has been indicted in Richmond, Va., in federal district court and is charged with transporting fighting dogs across state lines and engaging in dogfighting. Vick, if convicted, could be sentenced to six-years in prison and a $350,000 fine.
Vick is innocent until proven guilty. But even before his trial, I have destroyed any of his memorabilia that I owned and hopefully, I am not alone.
Update 7-20-07: Nike apparently agrees. They have apparently suspended the release of Vick's most recent signature shoe. Let's keep the protest rolling...

Why stick with Vick? In April, Vick failed to appear on Capitol Hill to lobby for increased funding for after-school programs as scheduled. Vick's publicist blamed it on
playing in teammate Warrick Dunn's charity golf tournament, then missing a connecting flight. AirTran has an endorsement deal with Vick. AirTran admitted that the flight from Florida was late getting into Atlanta, causing him to miss his 8:35 p.m. connection, but Vick was booked on a 10:50 p.m. flight and he failed to show.

Vick had a chance to be Superman. He should have been the Michael Jordan of Football. Instead, he will forever in many minds be associated with animal cruelty.

Update 8-14-09: Vick having served his time in jail has been given a second chance by the NFL. Vick has signed to play for the Philadelphia Eagles for 1.6 million dollars this year. Next year he will receive in excess of 5 million dollars. Perhaps crime does not pay: but the NFL sure does!

Thursday, July 19, 2007

Gloria Ramirez and Anthony Moya Practicing Cryogenics of Just Trying to keep a Fetus Cool?

It is hot in Lubbock, Texas; however it is even hotter for Gloria Ramirez who is being scrutinized by Child Protective Services. Investigators arrived at Ms. Ramirez home after she had called the funeral home about a casket for a 4 month old fetus. The fetus was found in the refrigerator in a baby wipe box. (Not Legal Pub's idea of "Chilling." ) Wednesday, a judge ordered seven young children removed from the Ramirez home. The home was infested with rats and filled with garbage. A 4 feet high stack of dirty diapers was found in closets.

On July 7 decaying food, trash bins overflowing, and dirty mattresses with no sheets were allegedly discovered by Child Protective Services. The youngest of the children was 11 months. The children were treated for head lice and two for suspected dehydration. Anthony Moya, is the 40-year-old father of the six younger children. It is anticipated that both Ramirez and Moya will be charged with child endangerment.

A city code enforcement inspector cited the home for 37 violations, including unsafe wiring, no hot water heater, holes in exterior walls and no proper connection to public sewer and water systems. Ramirez is represented by attorney Lisa Ratzke. Judge Blair Cherry told Ramirez and Moya that the agency's goal is to reunite the family.

In May 1999, CPS took the oldest daughter and Ramirez' son because of alleged physical neglect. The parents completed a program and regained custody in October 2000. (If the course had been graded, I wonder what their grade would have been?)

Update 5-6-09: Ramirez, a 28-year-old mother of nine, is on trial for multiple counts of child endangerment and one count of injury to a child after police allegedly found her seven children in a poorly maintained home in July 2007. Ramirez youngest children, twins, were taken from her three days after their birth last May. Ramiriez is currently expecting another child. And the hits just keep coming...

Wednesday, July 18, 2007

Mariane Pearl Attempts to Hit Terrorists Up Style By Seizing Assets

Mariane Pearl wants to strike back at the terrorists where it hurts them most, their pocket books. If it was only so easy as to gain access to their bank accounts. Despite the odds, Daniel Pearl's widow has sued a dozen alleged terrorists and Pakistan's largest bank. Mariane's pleadings in Brooklyn Federal Court blame the alleged terrorists for the torture and murder of her husband. Daniel Pearl was a reporter with the Wall Street Journal when he was abducted and killed in 2002. Pearl was kidnapped in Karachi while researching a story on Islamic Militants. Pearl's mutilated body was found buried in a shallow grave in the Eastern outskirts of Karachi. (His murder inspired the book pictured at the left, Who Killed Daniel Pearl.)

The lawsuit alleges that the bank financially bankrolled the terrorists. A key burden will be to prove that the Habib Bank Limited of Karachi knowingly provided financial services for al-Qaida and other terrorists. The suit seeks unspecified damages. Khalid Shaikh Mohammed, al-Qaida No. 3 leader, is also a named defendant. He is currently imprisoned as a mastermind of the Sept. 11, 2001 terror attacks. An Islamic charity banned earlier this year by Pakistan, the al-Rashid Trust, is also a named defendant. The suit alleges that the trust was a front for Mohammed and al-Qaeda. The bank agreed earlier this year to improve policies aimed at detecting abuses thought to be associated with terrorism and money laundering.
Kidnappers used Pearl's cell phone to threaten plaintiff Mariane Pearl, who was searching for her husband. Pakistan has convicted a few men associated with the murder. Ahmed Omar Saeed Shaikh was sentenced to death in July 2002 and three associates were sentenced to life in prison. Mohammed is currently held in Guantanamo Bay, Cuba. He may have personally beheaded Pearl. (If he did, this lawsuit will answer the question posed by the title of the book.)


Does Harrel Franklin Braddy Belong with the Gators?

Does Harrel Franklin Braddy deserve to spend some solitary confinement with the Gators. (Legal Pub is not talking about time with a National Championship Football team.) Harrel Franklin Braddy had been released early from prison for "good behavior." He had served 13 years of a 30 year sentence for attempted murder. (Was it working with reptiles?) He became friends with Shandelle Maycock and her 5 year old daughter, Quatisha. Back in November of 1998, Braddy was asked by Maycock to leave her home. Braddy allegedly responded by choking Maycock until she was unconscious. Braddy then forced Maycock and her daughter into his car. Maycock apparently regained consciousness, and jumped with her child out of the moving car.

Braddy allegedly caught the woman and put her in the trunk. Maycock never saw her daughter again. Braddy then apparently drove to a section of the Everglades (Alligator Alley) and dropped the five year old in the marsh. She was killed by alligators.

Braddy's trial had been delayed for almost years because of several changes in his representation. His attorney, G.P. Della Feram, declined to comment. Braddy escaped from the courthouse after trying to strangle a Miami-Dade corrections officer in 1984. Consequently, security remains high. Braddy was convicted of first-degree murder, attempted murder, kidnapping, burglary and escape. He faces the death penalty.

Update: Edit. Maycock was 22 at the time of the crime. Braddy is now 57. He is described as a well built 6' 220 lb paralegal. Yes, a paralegal. He has used the prison system to study law. Not surprisingly, it is anticipated that he could tie up a decision to execute him many years in the Appellate Courts. So much for reform...

Tuesday, July 17, 2007

Ian Coburn's Latest Blog Story Updated 7-24-07

Ian Coburn, author of God is a Woman Dating Disasters has a new story about his days on the road at

Ian is a frequent reader of legal pub and a good contributor in the comment section. Since he refers readers to this site, turn around is fair play.

Legal Pub

7-24-07 Update: God is a Woman was ranked number one two days ago on the Canadian Best Seller list in the category of Humor. It is holding in the top ten. Congratulations Ian.

Big Game Hunter Sought in Murder of His Wife

Police are searching for David Munis, a Wyoming National Guardsman with sniper training, in the murder of his wife, Robin. David had been requested by police to stop harassing his estranged wife just before the shooting. Robin was singing with the band in Old Chicago Restaurant and Bar when she was shot in the head from a weapon apparently fired from the parking lot.

David Munis has been described as a "big game hunter." Legal Pub has no information as to the size of his estranged wife. David is innocent until proven guilty.

Update 7-18-07: As police closed in, David Munis took his own life.

British Lawyer Takes on Global Warming?

Lewis Gordon Pugh, a 37 year old British lawyer/swimmer, wanted to bring global warming to the attention of politicians around the world. In order to demonstrate his point he swam a kilometer in the waters of the North Pole. It took him 18 minutes and 50 seconds in below-freezing water. He was armed only with cap, goggles and Speedo briefs (not legal briefs or memorandums.) His point is that it is a tragedy to be able to swim at the North Pole. Pugh is a well trained athlete who has completed swims in waters from the Antarctic to the Indian Ocean. Legal Pub cautions our readers not to try this form of protest unless they want to experience cryogenics first hand.

Monday, July 16, 2007

For One of the luckiest Women in America, Is Everything Now Going Down Hill?

Lindsay Lohan's downward slide with lady luck apparently continues. The Web site claims it will publish nude photographs of Lindsay taken by her boyfriend, Calum Best. Allegedly, Lohan claims someone broke into her computer and stole the photos of her naked. Leslie Sloane Zelnik, Lohan's publicist, indicates lawyers are involved. (Big surprise there!)

Earlier this summer, the internet was filled with photos of Lohan and Vanessa Minnillo in suggestive positions with knives. Even earlier, photos of Lohan allegedly doing cocaine were floating about the internet.

Roman Catholic Scandel Settlement Likely to Bring More Claims?

A $660 million settlement has been reached between the Roman Catholic Archdiocese of Los Angeles and over 500 alleged victims of sexual abuse. Is this the end or just the beginning? Is there evidence of actual abuse for each of these alleged victims or is this just an attempt to buy peace? Cardinal Roger Mahony is expected in court before Judge Haley Fromholtz to formalize the settlement. The A.P. has quoted Mahony as stating, "There really is no way to go back and give them that innocence that was taken from them. The one thing I wish I could give the victims ... I cannot," he said."Once again, I apologize to anyone who has been offended, who has been abused. It should not have happened and should not ever happen again."

Update 7-18-07
The Archdiocese of Miami has settled a claim by a former alter boy against Rev. Anthony Mercieca. This is the same priest who allegedly also had inappropriate contact with former U.S. Rep. Mark Foley. (The settlement was unrelated to Foley's case.) The alter boy's claim arose out of conduct in the 1970s when he was 13 years old.

As you may recall, Foley resigned from Congress after his computer messages to young male page became public knowledge. Foley's lawyer claimed that Foley was alcoholic, gay and had been molested as a boy. Mercieca admitted some inappropriate massaging of Foley but denied having sex with Foley. Mercieca is now retired. He was represented by Attorney Alfred Grech.
The lawsuit was settled for a confidential sum. The Plaintiff's attorney was Jeffrey Herman.

Confidential settlements have also been reached involving former South Florida priest, Neil Doherty. Doherty's attorney was David Bogenschutz. Under Florida law, there is no statute of limitations if the victim is under 12. Criminal charges are still pending against Doherty.

If you were a former alter boy and no member of the clergy ever made a pass at you, does that mean you were not attractive? Does being ignored as such constitute rejection which warrants compensation? If so, the line for compensation may get longer than communion on Christmas Eve...

Saturday, July 14, 2007

What's D'Amata? Never Too Late to Start Over; Not Even at 70 Years Old

Good parents come in all shapes, sizes and ages! Nancy Grace will soon be a new mother. Similarly, Former Senator Alfonse D'Amato, who will be 70 years old, will soon be a new father.
D'Amato, who turns 70 on Aug. 1, is expecting a child in February. D'Amato's relatively young wife, Katuria D'Amato, is 41. The former Senator went on record as saying, "If you had told me this prior to getting married, I would have said you're out of your mind," The D'Amatos will have been married three years as of next week. The New York Republican has four adult children from his previous marriage and 14 grandchildren.

Friday, July 13, 2007

Teens Growing Up Too Quickly is Not Always a Bad Thing?

I have heard many adults complain that kids are growing up too quickly. But here is an example where it may be a good thing. A new study out of Washington suggest that teens are becoming more and more like married people. (They are having less and less sex!) The study indicates that fewer high school students are having sex and when they do, it is more likely that they are using condoms. It is good news that the teen birth rate has hit a record low. More teens then ever are graduating from high school. Ed Sondik , director of the National Center for Health Statistics said, "The implications for the population are quite positive in terms of their health and their well-being." This means the risk of sexually transmitted diseases is lower. The birth rate in the 15-19 age group was 40 per 1,000 in 2005 down from ten years ago.

Update onTragic Death of Four Year Old at Great America Amusement Park and 16 Year Old in Oshkosh (Update 12-7-07) Kaitlyn Lasitter

Tradegy can strike any where. Even at a place that is suppose to be a fun safe haven for children from the dangers of urban life. A 4-year-old boy drowned in the wave pool at the Paramount Great America amusement park in Santa Clara, California and a 16 year old fell from a ride in Oshkosh, Wisconsin.

Lifeguards pulled the unconscious boy from a two-foot-deep section of the "Great Barrier Reef." Bill Lentz, Great America 's general manager, indicates that the wave pool contains 355,000-gallon of water. It opened Memorial Day. Waves simulates the sensation of an ocean (California apparently does not have enough ocean. In the past wave pools have been common in places like the midwest where oceans are "something you see on post cards and in movies.)

The park apparently provides life vests and inner tubes for visitors to use in the wave pool. (Generally inner tubes are forbidden at most wave pools for safety reasons!) The pool does not have age or size restrictions. No public information has been released as to who was supervising the four year old at the time of the accident. Lifeguards and Great America emergency workers administered CPR on the child until paramedics took over.The boy died at Kaiser Permanente Medical Center in Santa Clara.

We should all join in mourning the loss of this child, for the world has been robbed of what he may have contributed had he had the opportunity.

Update: 7-14-07

Yolanda Flores, mother of the child, blames the Great America amusement park in Santa Clara for the drowning of her 4-year-old boy. Flores apparently let her 4-year-old boy, Carlos Alejandro Flores, play unattended. She claims there were only four life guards on duty not six as Park officials contend. Carlos drowned in two feet of water and according to mom was discovered by his 8 year old sister, Jasmine.

Great America policy requires six life guards; however, they advocate adult supervision of one's own child.

Elizbeth Mohl

Update 7-15-07
Tragedy strikes in Oshkosh, WI. A 16 year old teen, Elizabeth K. Mohl, fell from a festival ride and died. The ride, Old Glory, used a crane to hoist up a person in a sling. At the top, the person pulls a ripcord which drops the person while they swing back and forth. Unfortunately for Elizabeth, the ride malfunctioned.

Kaitlyn Lasitter

Update: 7-24-04 LOUISVILLE, Ky., July 13 (UPI) -- Randall and Monique Lasitter, parents of Kaitlyn Lasitter, have filed a suit against Six Flags Kentucky Kingdom theme park because their daughter's feet were severed on a ride. The suit is filed in Jefferson Circuit Court. Plaintiff's seek money damages and a restraining order to bar the theme park from dismantling the ride. Doctors at Vanderbilt University Medical Center in Nashville reattached Kaitlyn Lasitter's right foot, but the left one could not be saved. Thirteen year old Kaitlyn Lasitter remains hospitalized and Legal Pub wishes her a speedy recovery.

Update 12-7-07. Congratulations to Kaitlyn Lasitter. She has taken a big step on the road to recovery as yesterday she took her first steps with a prosthetic limb. God's speed, young lady. Thousands of people are praying for your swift recovery.

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