Earl Wesley Berry, Convicted of Murdering Mary Bounds, Celebrates Supreme Court Stay of Lethal Injection; Bounds Family Irate With Delay?

Like it or not, the Hillary P.s and J.J.s of the world are gaining momentum in their fight against the death penalty. Informal Legal Pub reader polls shows that approximately 55% of those surveyed apparently oppose the death penalty. However, of the 45% of readers in favor of the death penalty, many believe it should be reserved for the most severe and or heinous crimes.

The Supreme Court granted a last-minute reprieve Tuesday to Earl Wesley Berry. Berry was convicted for the 1987 murder of Mary Bounds. (Berry was less than an hour from being executed by injection when the stay was granted.) Mississippi citizens in opposition to the death penalty had apparently written Gov. Haley Barbour on behalf of Berry with out success. The letter writing campaign argued that executing Berry would violate the right to life as declared in the Universal Declaration of Human Rights and constitute cruel and degrading punishment. They further argued that it would be unconscionable for the state of Mississippi to proceed with any lethal injection before the U.S. Supreme Court has established protocols for when, if ever, capital punishment is justified. The Governor apparently did not act. However, the Supreme Court jumped in literally minutes before the execution and granted an emergency stay of execution. (Talk about your dramatic game winning saves...)

Currently, Justices are pondering whether lethal injections are ever constitutional. Death penalty foes such as Sister Donna Gunn, celebrated the Wesley Berry news outside death row in Parchman, Miss. The reprieve was an indication that perhaps all lethal injections will be halted until the Supreme Court rules. Meanwhile families of victims are not happy. The court's intervention upset Mary Bound's family. Charles Bounds, her husband, expressed his disappointment. "Now you want to tell me that we got a fair shake today?" he said at the press conference. Jena Watson, Mary Bounds' adult daughter, was visibly upset at the news conference.

Undoubtedly, the families of Harrell Franklin Braddy and the family of his victim, Quatisha Maycock and her mother, Shandelle await the Supreme Court's final ruling as to whether lethal injection is cruel and unusual punishment under the U.S. Constitution. No matter what the Supreme Court's final decision, one thing is for certain, Braddy will not be executed anytime soon.
* Note: A 2006 Gallup polls showed that 65% were in favor of the death penalty with 07% having no opinion. So are legal pub readers "different" or has public opinion changed because of DNA revealing some convicted criminals were innocent?

Update 4-22-08 With the recent Supreme Court decisions, Wes Berry's execution will be rescheduled in the immediate future.

Update 5-1-08 The U.S. Supreme Court ruled April 16 that the three-drug procedure of Kentucky — that sedates, paralyzes then kills — does not violate the constitutional prohibition of cruel and unusual punishment. After the court's decision, Mississippi Attorney General Jim Hood requested that Berry's execution date be set for Monday, which is Berry's 49th birthday. The Mississippi Supreme Court has not ruled on the request. Berry could become the first convict put to death in the United States since Texas executed Michael Richard on Sept. 25.
Georgia may execute William Earl Lynd on May 6 for the murder of his girlfriend. That is the earliest date that has been approved by a state court. A clemency hearing is scheduled for Monday in Lynd's case. On Wednesday, a federal judge ruled Georgia's method of execution which is similar to Kentucky's does not violate the Constitution. Berry's attorneys filed a motion Tuesday arguing he is "mentally retarded" and "that Mississippi's lethal injection creates a substantial risk of serious harm in violation of the Eighth Amendment because there are no safeguards such as those that Kentucky has in place." Stay tuned.
Update 5-6-08 Looks like the Mississippi Supreme Court has reset the execution for May 21, 2008. (Earl Wesley Berry just celebrated his 48th birthday.)
5-22-08: Yesterday the State of Mississippi executed Earl Wesley Berry. No happy ending for any one here. Best we can say is that it is over.

Boy Failed To Heed Smokey The Bear's Warning About Playing With Matches -by Legal Pub

Today's education of our youth is clearly deficient. Parents depend upon teachers while teachers depend on parents all resulting in certain fundamental truths not being taught. One such truth is "Thou Shall Not Play With Matches." Now a boy, whose name and age are not public knowledge, has apparently admitted to sparking an October 21st fire according to Los Angeles County sheriff's Sgt. Diane Hecht. "He admitted to playing with matches and accidentally starting the fire," she explained.

The child was released to his parents. It is not clear whether the district attorney will file charges. The fire apparently began near Agua Dulce. It was one of 15 major fires that killed 14 people, destroyed some 2,100 homes and blackened 809 square miles from Los Angeles to the Mexican border. Five people have been arrested for arson during that period. Legal Pub believes all should be prosecuted (the child as a juvenile) and that the public should be forced to watch Smokey the Bear who at the end of all films should say, "Arsonists will be prosecuted to the full extent of the law." This boy and his parents may be held responsible in civil court to pay monetary damages for the 21 homes the fire destroyed. Parents, this is your wake up call! Whether the boy is 10 or 14 it will not likely affect the civil liability. It may affect whether he is charged as a juvenile.

Inconsistency in Politics Is Out Of Control

Politics has become real confusing. Take the Republican party. Governor Arnold Schwarzenegger is a rising Republican star who supports the Republican anti drug theme. Yet Yet Gov. Arnold Schwarzenegger is quoted as saying marijuana is not a drug according to a British magazine. (He said it was a "leaf.") A spokesman said the governor was only joking, but Legal Pub has its doubts.

Schwarzenegger told GQ (the British edition of the magazine) that he had not taken drugs. However, the former "terminator" acknowledged using marijuana in the 1970s and was shown smoking a joint in "Pumping Iron" the 1977 documentary. So much for Republican consistency. How about the Democrats?
To be a Democrat as long as you follow some simple rules:

1. You have to be for abortion but against capital punishment.

2. You have to believe that businesses create oppression and governments create prosperity.

3. You have to believe that guns in the hands of U.S. citizens are more of a threat than Nuclear weapons in the hands of Chinese, Iran and North Korean communists.

4. You have to believe the same teacher who can't teach fourth graders how to read is somehow qualified to teach those same kids about sex.

5. You have to believe that self-esteem is more important than actually doing something to earn it.

6. You have to believe the NRA is bad because it supports certain parts of the Constitution, while the ACLU is good because it supports certain parts of the Constitution.

7. You have to believe that taxes are too low, but ATM fees are too high.

8. You have to believe that standardized tests are discriminatory, but racial quotas and set-asides are not.

9. You have to believe that the only reason socialism hasn't worked anywhere is because the right people haven't been in charge.

10. You have to believe conservatives telling the truth belong in jail, but a liar and a sex offender should be paroled.

11. You have to believe homosexual parades should be constitutionally protected but Christmas manger scenes prohibited.

12. You have to believe that it's okay to give Federal workers the day off on Christmas Day .........but it's not okay to say "Merry Christmas."

Ready to vote???

Chaim Lazaros Can Not Possibly Include All of the Real Life Heroes in His Documentary update 11-1

While on a law school campus waiting to judge a Moot Court competition, a costume clad law student passed by and suddenly among the autumn leaves there was time to contemplate what constitutes a hero. What is a hero? We all agree that the firefighters and policeman who were first responders to 911 were all heroes. Arnold Schwarznenegger repeated the phraseology when referring to fire fighters after the recent California fires. President Bush often refers to our military fighting in Iraq as heroes. But are these the only heroes?
How about the people who clean the streets of New York? Near Halloween, people infiltrate Times Square wearing capes, masks and uniforms cleaning the streets of litter. Members of Superheroes Anonymous (allegedly created by Chaim Lazaros) also passes out crime-prevention literature to educate people on how not to become victims. Chaim Lazaros organized the independent super heroes by gathering independent "heroes" together in New York for a documentary he is filming. Members of his group refuse to provide the press with real names so as to protect their identities. Most patrol their own neighborhoods.

So who are these so called heroes? One calls herself Street Hero wears a black mask and is trained in martial arts. She apparenttly tries to teach prostitutes how to defend themselves.
Another, "The Super" fixes faucets and does electrical work for people in need. He wears a red cape, a yellow shirt and a white mask.

Do heroes need to wear a uniform? Legal Pub thinks not. Not even close. There are thousands of teachers that go beyond the call of duty to educate children. There are volunteers manning suicide, drug and alcohol hot lines. Thousands of others work in soup or food kitchens for the poor. Thousands of lawyers offer services pro bono or at a minimal charge. There are doctors and nurses volunteering at indigent health clinics. How about people who stop to aid a stranded motorist? Certainly they are heroes. There are millions who give to charities. Foster parents and adoptive parents are every where.

How about "green" advocates who help to save our environment? Those living in solar powered homes and driving electric or hybrid cars are certainly answering the call of duty. Water conservationists, farmers, crop harvesters... they are all heroes. The list goes on indefinitely.

While the millions of every day super heroes don't wear costumes and are not likely to be included in documentaries like Chaim Lazaros movie, they don't need to be. Philanthropy is alive and well in the United States. Keep in mind that any one who is not currently a super hero is simply a Clark Kent in disguise just waiting to bloom into the next Albert Schweitzer.
Update 11-1: James Zadroga was a New York City detective who had worked at the ground zero. He later died of a respiratory ailment. An autopsy indicated he injected ground-up pills, which lodged in his lungs. AOL joins the debate of what constitutes a hero. LINK

Update 2-16-10: Any further comments or updates on this story need to be sent to legalpub@legalpub.net and they will be posted accordingly.

Surfing Waves Beats Fleeing California Flames Any Day -by California Surfer Dude Edits by Legal Pub

Keep in mind, while my peers may have been attending class in journalism 101 back in the day, I was probably cresting major waives with a rubber band keeping my hair out of my eyes. So excuse my ignorance as I give you a thumbnail sketch of the southern California scene as the Surfer Dude sees it. Hopefully, Legal Pubmeister will provide some of his edits.

The good news: Despite all the negative press, firefighters have done a great job and are true heroes. Thousands of evacuees (temporary homeless dudes and dudettes) returned home on Thursday and Friday. Evacuation orders are no longer in place for most residents of San Diego county. San Diego Mayor Jerry Sanders said Qualcomm Stadium shelter, which had 10,000 people, closed at noon on Friday.

The bad news:

Border Patrol agents near Barrett Junction (east of San Diego) found four bodies along the Mexican border. This is an area that has a rep (reputation) for being the number one place that illegals (illegal immigrants) enter into the U.S. Paul Parker (San Diego County Medical Examiner's Office) is quoted in the local rag sheet (news paper) as it being three men and one woman.

Sunday, a 52 year old dude from Tecate (near Mexican border) was found dead in the remains of his burnt home in San Diego County. Two other bodies were also found in the remains of another home, I believe yesterday. Home owners in this area had all been asked to evacuate.
Best I can count, and math was not popular in my circle on the beach, three have been killed by flames and seven others have died from causes associated with the evacuation. As for names, John Christopher Bain, 58, a mortgage broker, and his wife, Victoria Fox, 55, a teacher, died in Escondido.

50 some firefighters and another 30 or 40 people have been injured in the fires.

How much has burnt?
More than 487,000 acres (about 760 square miles) of trees have been consumed. Over 1,800 homes have been destroyed. They estimate between 20 and 30 thousand more homes may be in jeopardy depending upon the winds and weather. Most fires are contained but a few are only 30 percent contained in San Diego County and the Lake Arrowhead mountain resort area (east of Los Angeles.)

Touring Celebrates

President Bush gawked at the damage in Rancho Bernardo creating great photo ops (opportunities.) Our President declared seven counties a major disaster area, making locals eligible for federal money.

At least 52 firefighters and about 30 other people have been injured.

Los. Angeles.

We used to say, on a clear day U.C.L.A.! Well, with all the smoke and all, even the university was obscured. 21 homes burned
In the Los Angeles area, fire crews worked to tamp out many wildfires, including two that burned 21 homes and are now fully contained.

San Diego officials said Thursday the number of homes destroyed had surpassed 1,400, about 400 more than previously reported. That would bring the number of homes destroyed in the seven affected counties to at least 1,800.

Criminal Intent

Arson has been identified as the cause of the 26,000-acre blaze in Orange County. Five people in San Diego, San Bernardino and Los Angeles counties are guest of the authorities (arrested on suspicion of arson) but I think this relates to only smaller fires. Another dude (suspect), was shot to death as he fled San Bernardino police. He has been identified as Russell Lane Daves, age 27, of Topock, Ariz. Officers apparently thought he was trying to set a fire.

Heading back north in my woody so later,

Surfer Dude

Paris Hilton Still on "Right Track" But Paris Invasion of Rwanda Is Postponed!

Since her brush with the law, Paris Hilton has shared with anyone who will listen her intentions to "do good." She has clearly started down the right path. However, "..due to the restructuring of the Playing for Good Foundation, the philanthropic trip to Rwanda that the foundation had previously planned with Paris has been postponed." Playing for Good Foundation is a children's charity. Andy Gelb, a spokesman for the organization, said he was unavailable for comment. Due to paparazzi, Paris is never too public about her wear abouts or plans.

Paris agreed to turn over a new leaf after serving 23 days in jail for violating probation in an alcohol related reckless driving case. Shortly after the news broke that 26-year-old Paris had promised to use her celebrity status for good causes, it was discovered that Paris planned to visit African (Rwanda) next month. Paris planned to visits to schools and health-care clinics. At the time, Paris told Newsweek, "I'm scared, yeah. I've heard it's really dangerous... I've never been on a trip like this before." (Obviously she has never spent a weekend at the beach with Surfer Dude!)

Paris needs to remember how she felt upon her release and stay true to her words, "There are a lot of bad people in L.A. Before, my life was about having fun, going to parties - it was a fantasy. But when I had time to reflect, I felt empty inside. I want to leave a mark on the world." Yes, Rwanda will leave a mark...

Want to Send Harrell Franklin Braddy or Anyone Else a Tripletz?

Harrell Franklin Braddy was convicted of murder for leaving a 5-year-old girl left to be eaten by alligators in the Everglades. (See 8-28-07 Legal Pub story updated 10-24 )

Harrell Franklin Braddy Gets No Mercy From Miami-Dade Jury As They Recommend Death For Throwing Quatisha Maycock to the Aligators! Update 10-24-07

A jury a few months ago recommended that Braddy be executed. Now that Braddy was sentenced to death last week by Judge Leonard Glick, some folks are relieved while others are outraged. Pending appeals that may last many years, debate on the death penalty and penal reform remains heated. There have been hundreds of comments and perhaps even more emails to legalpub@legalpub.net. It is difficult to personally answer all emails. So, to answer a common email question to those wishing to send appropriate cards to Shandelle Maycock expressing sympathy for the death of her 5 year old daughter, Quatisha, there may be a unique but efficient way to do so. www.Tripletz.com

Tripletz are a series of three custom designed cards, mailed by U.S. Postal Service sequentially for three days, that spell out a message to the recipient. Images can be selected from the Tripletz library of cards, or designed by the sender. Words are printed on the front side of each card. The backside of the first two cards has a message from Tripletz telling the recipient they are receiving a message by way of a three card mailing. Recipients keep the cards to spell out the entire message.

You could choose to let the Governor know whether you think he should stay Braddy's execution or carry out the execution using Tripletz. Similarly, support of any victim or their family could also be arranged through Tripletz.

Legal Pub has no financial interest in Tripletz. Neither does author of God is a Woman, Ian Coburn, but I imagine Ian Coburn could probably think of ways to use Tripletz as a dating tool. Viper could probably give advice on how to use Tripletz to prevent a few divorces. (Marriage strike advocates may be able to use it to prevent a few marriages and keep Viper looking for work!) L.S. might even be able to theorize its use to promote better awareness of crime prevention. With Halloween approaching, if you are like Blond bombshell and want to scare someone, perhaps a Tripletz will do the trick.

While posting comments on Legal Pub about Braddy's sentence probably remains the best way to rub elbows with others, including people who may make a difference, it never hurts to explore other options of communication.

Jeffery Mumani Getst Shafted Chasing Cat; But Robert McDaniel Gets Tied Up While Tiffany Sutton Cuts Has a Pre-dinner Blood Drink Halloween Update

As Halloween approaches, crimes start to reveal a holiday theme. Take for instance Jeffery Mumani in Silver Springs Shore, Florida. According to the AP, he got stuck in an air shaft for 10 hours while trying to either free a black cat or rob a CVS pharmacy. Police apparently found him crying like a child. Firefighters labored for an hour and a half to free him. Once free, Mumani told the Ocala Star Banner that he went into the shaft because he heard a cat inside. (Certainly it must have been a black cat that crossed his path!) Mumani denied attempting to steal prescription drugs and instead said, "I was trying to chase the cat... it's a feline cat - a little animal." (So is that what Oxycontin is being called now?)

Mumani story is less plausible then the typical excuse since he had to remove an air conditioning cover in order to enter the shaft according to Marion County Sheriff's Capt. James Pogue. Mumani began calling for help about 8 a.m. Tuesday. "He was begging the manager to help him out," according to Pogue. Mumani was charged with commercial burglary. Records of the state corrections department apparently indicate Mumani has previous convictions in South Florida for burglary and drug-related crimes. Mumani was convicted in Palm Beach County for possession of Oxycontin, according to a Marion County Sheriff's Office report. (Surprise, surprise, maybe the black cat did not make him do it after all!)

Tiffany Sutton

Continuing with the Holiday theme is Tiffany Sutton a self proclaimed vampire. While Mumani apparently thought he was tied up, he was lucky he was not dating Tiffany Sutton. Tiffany,a 24 year old woman, tied-up and stabbed her lover so she could drink his blood. Tiffany sutton has now been sentenced to 10 years in prison by Maricopa County Superior Court Judge David Udall. Tiffany told the judge that she was sorry for the incident and said she never meant to hurt anyone. Judge David Udall called the crime "especially heinous."

Tiffany was arrested by Tempe, Arizona police in February after she repeatedly stabbed her lover during an alcohol- and drug-fueled sexual encounter. Sutton pleaded guilty to aggravated assault in August. Her boyfriend, 46-year-old Robert McDaniel, agreed to be tied up during sex but no longer consented to being tied up when Sutton pulled out a knife and said she liked to drink blood. Sutton then apparently cut his leg, arm, shoulder, back, neck and stomach. When he escaped, she allegedly chased him with a pickax.

Defense attorney, Elizabeth Houck, told the judge she suffers from a personality disorder that causes instability. (No kidding?) Prison records apparently show Sutton thought she was a vampire for the first several weeks she was in jail. (Thought she was a vampire? Does she not fit the definition?)

Update 10-31 Halloween Update by Surfer Dude:

I had a real scary thought. Suppose Jose Luis Calva (alleged girl friend eater) and Tiffany Sutton (vampire lady) hooked up. They come home from work.
Tiffany: Jose, you look sad, what's eating you?
Jose: Nothing dear, that would be cheating on you and I would never do that! Here, let me turn on the stove, I will cook you, er.. for you.
Tiffany: That's ok. I really am not hungry, I think I will just have a little drink and turn in early tonight. Besides, I know you are tied up at the moment... Surfer Dude

Preppy Killer Robert Chambers Who Strangled Jennifer Levin Is Now Arrested For Selling Controlled Substances -by Legal Pub

Robert Chambers is known as the "Preppy Killer." Chambers served only 15 years in prison despite being convicted of strangling Jennifer Levin, an 18 year old woman, in Central Park back in 1986.(He apparently was tried for murder and plead guilty to manslaughter as the jury deliberated.) On Monday, Chambers was given the opportunity to return to jail after he was arrested on charges of selling drugs and resisting arrest.

While conducting an undercover operation, police allegedly purchased drugs, including cocaine, from Chambers at his residence in Manhattan's Upper East Side. According to police reports, Chambers struggled with officers and thus "resisted arrest."

Chambers was also charged with several counts of selling a controlled substances . Chambers vacation from prison lasted over four years. Chambers' live in girlfriend, was also arrested for sale of a controlled substance.

Why was Chambers originally convicted of murder? Jennifer Levin, was 18 at the time her strangled, partially clothed body was found. Supposedly, back in 1986, Chambers's girlfriend "Alex"broke up with him at Dorrian's Red Hand the night of the killing. She was apparently jealousy of Jennifer Levin. Chambers subsequently left the bar with Levin. Levin's strangled body was found with bruises, bite marks and cuts by a bicyclist beneath an elm tree behind the Metropolitan Museum or Art near Fifth Avenue and 83rd street. Levin died of "asphyxia by strangulation." Chambers apparently watched from a nearby spot as police officers found Levin's underwear some 50 yards away from the body.

So why was Chambers free? Chambers was released from prison on February 14, 2003 after serving only 15 years.

Did Chambers Have any other violations in the last four years?

This is not Chambers first time to return to jail. Police arrested Chambers in 2004 for misdemeanor heroin possession and unlicensed driving. He was sentenced to 100 days in jail and ordered to pay a $200 fine pursuant to a plea agreement. Chambers also apparently has had hundreds of dollars in unpaid parking tickets and has one or more tickets for driving without a license.

Ebay Fraud Attacks Mother Land; Fight Back

Enter User Name:__________
Enter Password: ___________

Fraud is every where! Ebay is no exception. The 'Times Online' is reporting numerous eBay-account hijackings. Once the thief absconds the account, further fraud typically follows. Ebay is so popular with Brits, that there are 20 million British eBay registrants (one third of the population) and crooks. Many of the British accounts have been stolen. Thiefs use the account to sell an item that is never delivered. The crooks then disappear with the proceeds.

Con artists steal the account to get around the ratings system used by purchasers to determine whether a given seller is credible. With a stolen identity, auctions may appear to be hosted by a reputable seller who has completed many successful transactions. However, in in reality, the original owner of the account has no idea about the auction. Apparently, one account stealer had apparently converted over 30 accounts. He was using them to sell cars and other expensive items. (That low mileage 57 Corvette looked like a steal for $10,000. It was!)

How are eBay users' accounts stolen? One method is to use password-snagging e-mail scams, also known as "phishing." (You know folks, your ebay account will become inactive if you don't use the enclosed link and sign in.) Really obvious passwords such as the user's name etc can also lead to scammers gaining access into people's accounts.

EBay offers little protection for buyers or sellers. "Winners" of auctions may find out they are big losers. Original account owners struggle clear their names. While the problem may be worse in the U.K., it needs to be watched out for ever where.

So what can you do? Choose a strong password. Report and then delete any phishing scams, where official looking e-mails request your username and password on an unauthorized site. Forward any suspicious email to SPOOF@EBAY.COM OR SPOOF@PAYPAL.COM.

If you become a target of a scam, make it clear to the police, Prosecutor and/or the Attorney General that you will fully cooperate in the prosecution of anyone attempting to steal your account. Let's put a few of these folks behind bars and see how their computer skills translate to using a manual type writer.

Spoiled Kid Rock (Robert Ritchie) Arrested For Spat With Harlen Akins

Kid Rock (Robert Ritchie) was arrested early Sunday morning after a spat at a Georgia waffle house. Fox 5 News in Atlanta indicated that Kid Rock was eating at approximately 5:15 in the morning when Harlen Akins, recognized a female member of Rock's entourage. A verbal altercation progressed and moved out into the parking lot. A fight allegedly ensued. Kid Rock and his "boyz" apparently left. Police subsequently pulled over Kid Rock's tour bus.

Kid Rock and five passengers were arrested and charged with battery. He posted bond by 5 PM. Akins was charged with felony assault and second degree criminal damage to property.

What ever happened to the lessons we used to teach kids that sticks and stones may break our bones, but names and faces will never harm us?

Update 7-24-08: Singer Kid Rock was sentenced Tuesday to one year of probation, fined $1,000 and ordered to complete 80 hours of community service. In addition, he has to complete 6 hours of anger management courses. He was represented by Darryl Cohen. Kid pled no contest to one count of simple battery, a misdemeanor. Guitarist Jason Krause, received a similar sentence.

Akins was charged with one felony count of second degree criminal damage to property for breaking the window.

Cold Medicine For Children Under 2 Banned by FDA

A few years ago an infant inexplicably died in an Indiana day care setting .A woman was actually prosecuted for child abuse. She reached a plea. An innocedental finding was mentioned by the Doctor performing the autopsy that the baby had been given cold medication that morning. Behind the scenes, there was speculation that cold medicine could cause death in an infant but it never became an issue in the case because of the controversial plea agreement which involved no jail time. Now an FDA advisory panel has voted to ban over-the-counter cold products intended for children under the age of 6.

Dr. John Jenkins, director of F.D.A.’s office of new drugs, urges parents to read labels. The panel concluded that there was no proof that the medicines eased cold symptoms in children. More imortantly, they also noted there are rare reports that they have caused serious harm.
This ban could change the way parents cope with their young children's syptoms. A week earlier, major manufacturers agreed to withdraw more than a dozen cold products labeled for use in infants. However, manufacturers plan to fight the new recommendations which suggests a ban up to age 6.
“We believe these products will remain on the market,” said Linda Suydam, president of the Consumer Healthcare Products Association.


“We need to go back and review all these recommendations that we heard today and decide what the path forward might be,” Dr. John Jenkins. The panel voted, 21 to 1, to ban pediatric cold products for use in children under 2; however, the vote to extend the ban for 2- to 5-year-olds was 13 to 9. Dr. Joshua Sharfstein, Baltimore’s commissioner of health said drug makers and the agency should agree to end the marketing of cold medicines for children under 6.


PediaCare, Robitussin and Triaminic, which are made by Johnson & Johnson, Wyeth and Novartis are some of the products in issue. The panel concluded that there is no evidence that over-the-counter pediatric cold medicines have any effect on symptoms.


“I’m not going to name names among my acquaintances. But people do use these medications to make their children get some sleep,” Ms. Celento-Stamateris said. Approximately 800 pediatric cold products are sold in the United States that use one or more of 39 different drugs. Consumers spend around $500 million every year buying nearly 95 million boxes containing 3.8 billion doses of medicine. This is big business. The business just got smaller and needs to be further reduced.

Update 10-24:Speaking of child safety:

A recent Washington University School of Medicine study reported in the Washington post has found that the risk of accidental death or injury to babies from crib bumper pads exceeds their benefits. Findings were based on Consumer Product Safety Commission data from 1985-2005 that showed 27 deaths attributed to suffocation (or strangulation) from bumper pads or their ties. Health Day News, The Washington Post 10/22/2007

Read Article: The Washington Post

FBI Shows David Copperfield (David Kotkin) Having Money Is Only An Illusion? Nadege Brunacci Learns A Python In A Toilet Is Real? Update 10-30

Legal Pub notes that it is sometimes difficult to distinguish illusions from reality. Judges routinely peer through smoke screens to get to the heart of the legal issues. For the rest of society it is not much different. For example, FBI agents allegedly are investigating a claim of sexual misconduct by Copperfield arising out of an incident that supposedly happened in the Bahamas. The FBI reportedly seized nearly $2 million from Copperfield's Las Vegas warehouse. (How could this be relevant to sexual misconduct? The FBI denies seizing any cash.) Illusionist David Copperfield, like Legal Pub, has to wonder why! The FBI also took a computer hard drive and a memory chip from a digital camera. Again, the investigation apparently originates from an investigation arising out of a complaint by a Seattle woman concerning an incident in the Bahamas. If the allegation is rape, why are the computer hard drive, memory stick and the CASH relevant. (Could this so called investigation be related to Operation Raw Deal and the distribution of steroids? After all, Copperfield looks pretty buff for a magician, but our friends from the muscle sites would probably say he has "no legs." While anything is theoretically possible, it is not likely in the case of Copperfield.)

Copperfield's attorney, David Chesnoff shed little light on the subject. "We understand there is an investigation, are in touch with the investigators, and are respecting the confidentiality of the investigation." CBS affiliate KLAS-TV quoted a source indicating that the cash was in a safe. (Is that illegal? In this day of the Ponytail Bandit, Tree Bandit, the Barbie Bandits and even the Koziks allegedly robbing banks, is it unreasonable to want to keep your cash safe in your own vault?)

David Kotkin, (Copperfield) is 51. He has made a fortune in exchange for stunts such as making the Statue of Liberty disappear and walking through the Great Wall of China. He is a regular at the MGM Grand hotel in Las Vegas. A couple million dollars in cash for him may be like a couple hundred of dollars for the rest of us. Perhaps it was just an illusion of a lot of cash. Perhaps the reports were wrong and no cash was ever seized by the FBI. The Guinness Book of World Records has calculated that Copperfield has sold more tickets in his career than any other solo entertainer. Copperfield is also the most awarded magician in history and the first living magician to receive a star on the Hollywood 'Walk of Fame'. If he does have money, chances are he earned it.

Update 10-20: Again, on what authority do you confiscate the money? Was it faulty initial reporting? Was it just an illusion created in or by the medial. Or is it some how possible that it could involve the fountain of youth formula that Copperfield claims he found on his Island near the Bahamas? Unlikely, but read the quote from Copperfield from an interview. DC: "...We found this liquid that in it's simple stages can actually do miraculous things, brown leaves turn green... Yeah. It is natural. Simple organisms that are near death are rejuvenated. So we don't know about the effects on humans, but we are doing research and development. That is on one of the islands. On the islands around the area, I am checking them to protect them and on one of the islands happens to be a resort. It's available for charter... It is really spectacular."
Does it sound like HGH to anyone else? See Legal Pub 9-25-07 Operation Raw Deal Story. Probably just an illusion or a sales pitch. But if true, could it justify seizing cash? The FBI says no cash was siezed. Copperfield is silent on the subject.
Update 10-30: Grand Jury testimony has supposedly revealed that a 21 year old victim has accused Copperfield of selecting her from the audience and enticing her to go to his Bahama Island to enhance her acting/modeling career. The 51 year old Copperfield is then accused of making her clothes and inhibitions disappear without her consent. Legal Pub remains sceptical. It is doubtful that Copperfield lacks consensual female attention given his popularity and wealth.

Nadege Brunacci

On the other hand, for Nadege Brunacci, a 7-foot-long python in her toilet was no illusion. The New York woman was washing her hands Monday when she saw a slithering python peeking out from her toilet. Most of the serpent's body remained hidden in the pipes. "I turned on the light and screamed," Brunacci is quoted as saying in the New York Daily News. Brunacci apparently slammed down the lid and called for help. Plumbers had to tear apart the apartment's pipes to capture the snake. It's unclear how the Python got into the pipes. (A flushed pet?)

Brunacci says she started using her daughter's potty training toilet and when she brushes her teeth she is always looking over her shoulder. (Ah yes, we regress...)

Update 12-18-10: Due to improper spamming, comment on this thread must be preapproved by sending them to legalpub@legalpub.net.

Woman Fondled By Kidd? Spare the Rod and Spoil the Kidd?

When radio headlines announced that a woman was allegedly fondled by kid, the thought of reverse child molestation immediately came to mind. But this is not just any kid, this is Kidd. New York Police Department announced that a 23-year-old woman filed a complaint against Jason Kidd, the basketball player, after she said she was harassed and groped her at the Tenjune club. Kidd allegedly approached her inside the club and, without warning, grabbed her crotch. She allegedly tried to fight him off. The woman is apparently seeking employment as an actress and has been described as attractive. Kidd's team, the Nets, had no comment.

"This is a young girl and she is very shaken by this, and I have to let the justice system run its course.The DA is working on the case right now,"said the woman's lawyer, Russell Adler.

A spokeswoman for the Manhattan district attorney's office said she could not confirm whether her office was investigating. Adler, of Fort Lauderdale, refused to provide further details about his client's allegations.

Kidd is in a middle of a divorce. He has denied his wife's (Joumana's) allegations that he physically abused her during their 10-year marriage. Kid was involved in domestic violence six years ago when he pleaded guilty to spousal abuse, was fined $200 and ordered to take anger management.

Another spoiled Kidd or a misunderstood athlete?

Linda Darby An Innocent Woman or Reformed Killer -Story Idea by J.J.

On numerous occasions, "man of the cloth" J.J. has suggested that any person, including Harrell Franklin Braddy is capable of reform. J.J. points to Linda Darby as a possible example. Linda Darby (now 64) was convicted of murdering her husband in 1970. Darby subsequently escaped from an Indiana prison. She has been a fugitive for 35 years. She has now been found living quietly in a small Tennessee town. She was arrested Friday in Pulaski, Tennessee.

Linda Darby has been using the name Linda Joe McElroy. While serving life in prison for her husband's murder, Darby escaped in March 1972 from the Indiana Women's Prison in Indianapolis. Darby apparently climbed over a barbed-wire fence. Pulaski police Capt. John Dickey said that Darby was living a quiet life in the town for about 30 years. "This woman has led an exemplary life in Pulaski. There is no record of any criminal activity here whatsoever," said Dickey.

Darby, has waived extradition from Tennessee. Her arrest appears to be the product of Indiana Department of Correction's new Indiana Fugitive Apprehension Unit, which aids in the recapture of convicts. Darby says she does not know who turned her in to authorities. Since living in Tennessee, Darby has been married, has children, and even grand children. Linda Darby maintains she was innocent of the murder of her husband and could not believe she was convicted. She describes her escape and maintains it was the right thing to do because she was innocent.

So much for the profile of an alleged Killer. Legal Pub wrote of Arthur Jackson. Now of Linda Darby. Was Linda Darby innocent of murder or did she reform as J.J. suggests criminals are capable of doing?

Arthur Jackson Was Apparently A Murderer But He was Not A Loner! -Idea by Ms. Calabaza

Ms. Calabaza was reviewing the history of Arthur Jackson (apparently she and Shell were eliminating men from the potential dating pool ) when she made the observation that he was not the stereotypical loner that you might expect to find in such high profile cases. So who was Arthur Jackson? Apparently on the surface he was an Arlington, Texas man accused of killing his estranged wife and two stepchildren. Underwater, he was either a gunshot or a drowning victim, whichever the autopsy shows ended his life first. Legal Pub would have interviewed him for purposes of this obituary, but after he fatally shot himself and drove into Lake Arlington there was little time for an exclusive interview. (Jackson is not to be confused with Scott Javins who is an Indiana resident believed to have been murdered and then deposited in the Wabash Valley River. See story of )

Jackson drove into the water after keeping the police at bay for almost seven hours. When the submerged car was pulled out of Lake Arlington, Arthur Jackson was dead apparently from a head wound. According to Arlington Police Lt. Blake Miller, police had not fired any shots (However, no one apparently asked him if tazers had been thrown into the lake!)

Prior to his death, Jackson dropped off his 3-year-old daughter at an Arlington church. A worker called police after seeing the child and hearing Jackson say he had committed a crime at his house. Fort Worth police went to Jackson's home and found the bodies of his wife, her 13-year-old daughter, and her 10-year-old son.

Police communicated with Jackson by cell phone and by loud speaker. Jackson at one point suddenly drove around the police cars and through a yard. He led police on a high-speed chase culminating in his driving into the lake.

Was Jackson a known risk? Fort Worth police were apparently called to his home at least twice within the last month. In late September, there was a call that the girls were possibly home alone because no one would answer the door. A week ago, the female victim called police and said her estranged husband was knocking on the door, ringing the doorbell and would not go away. Jackson was gone when police arrived. Neighbors say Jackson's houses and lawn were well-kept. According to them, Jackson often played in the yard with his stepchildren. His step children also called him daddy (A common beef among divorce lawyers who represent the real father!) Tommy Talbott, a neighbor summed it up, "He was the friendliest guy around. He was a happy go lucky guy. Every time I saw him, he had a smile."

So who was Jackson? We may never know for sure. He may have been Dr. Jeckel or Mr. Hyde, or perhaps both. All we know for sure,four people are dead, no one is better because of this tragedy, and cars do not float!

Chicago Officer Sylvia Broadway Claims Ban On Associating With Felons is Discriminatory -Topic by Ron

Officer Sylvia Broadway, an African-American Chicago Police officer, claims Rule 47, barring cops from associating with criminals discriminates against black officers. (Rule 47 bars association with one convicted of a misdemeanor or felony.)

Is the rule more restrictive on black officers because of the disproportionate number of African Americans have criminal records? Officer Sylvia Broadway may have violated department rules when she allowed a convicted felon drive her car. Officer Broadway, a 13-year veteran, says she was unaware the man had a criminal record. Broadway responded to the allegations that Rule 47 "... is a deliberate trap has been set for African-American police officers."
(8.4 percent of all black males ages 25 to 29 were in the U.S. prison population, according to a 2004 Bureau of Justice Statistics report, compared with 2.5 percent of Hispanic males that age, and 1.2 percent of white males.)

Broadway is not the first to have allegedly violated the rule.
In 1997, police Supt. Matt Rodriguez retired perhaps because of his association with an ex-con, telling reporters: "I didn't look on him as Frank the felon. He was a friend."
In 2006, former Chicago Police Cmdr. Michael Acosta was sentenced to five months in prison after stealing $4,000 earmarked for honoring police officers. Recordings similarly revealed a close relationship between Acosta and convicted felon John "Quarters" Boyle .

Fraternal Order of Police President Mark Donahue does not have a problem with Rule 47. "The FOP has accepted Rule 47," he said.

Scott Javin Honda Civic Recovered From Wabash River Near Police Station Update 3-30-08 - by Legal Pub

Terre Haute is perhaps best known by outsiders for Larry Bird, Rose Hulman, and the federal penitentiary's that put Timothy McVey to death. Now, it made news late Friday afternoon for the wrong reasons when Indiana police recovered the car of a suspected homicide victim, Scott Javins. The vehicle was literally a few hundred yards from where the police station was located at the time of the death. The car and the victim disappeared on May 24, 2002. Javins has been the subject of posters, t.v. shows, newspaper articles, thousands of rumors, and even web cites (link) for over five years.

Seems like every suspect arrested in Vigo County had "information" as to Scott Javin's disappearance that they would offer prosecutors in exchange for a favorable plea. None of the so called "tips" ever really panned out until recently; nevertheless the legend of how and why Scott Javins disappeared continued to grow. Friday, the mystery of where Javin's car was located ended as divers pulled the submerged 2002 Honda Civic from the Wabash river near the east bank of Fairbanks park in down town Terre Haute. Police would not initially confirm whether the car contained any body parts; however, it clearly did!

Merv and Dorrena Javins, Scott's parents, watched video monitors as they pulled the car from the river. It was covered in mud. Terre Haute Police Chief George Ralston said other sections of the Wabash River had been searched in the past; however, this particular location had never been explored before yesterday. A tip received two weeks ago resulted in two other vehicles being removed Sunday from the river. (Local fisherman Don Kyle, 53, discovered a car and a van in the river two weeks ago and informed local police.)

Vigo County Sheriff John Marvel said a forensic pathologist will begin processing the car. Indiana State Police Officer, Sgt. D.I. Jones opined that the car went in the river a little North of where it was found because it would float for a few minutes. (This would put it close to police head quarters when it went into the river!) Don Kyle concluded by commenting on the local police, "I really think they did their job. Actually, I think that they wouldn't think to look that hard in a place this obvious."

Any tips? Call Wabash Valley CrimeStoppers:812-238-STOP or 812-238-7867

Update 10-11 Vigo County Prosecutor Terry Modesitt officially announced that a skull and some skeletal remains believed to be Javins were found in the car.

Update 10-23: Dr. John R. Mast confirmed the bones and skull were Javins.
Update 12-18: Coronor rules Scott Javin death was accidental. His parents dispute findings.
Update 3-31-08: A comment questions the similarities with the death of Brad Henley. Lt. Jeff Stephens investigated the Henley case. An annonnymous lettee to police suggested Henley's death was no accident. His body was found in his jeep in a pond not far from his home. Rumors speculate that both Javins and Henley may have been recreational drug users who may have upset the wrong people. (These are rumors and not to be taken as facts.) If you know anything about Henley contact the Plainfield Police Department.
If you have any information on the Javin's case which was ruled and accident, share it with the Terre Haute Police. If you want to remain anonymous, share it with Legal Pub.

Jose Luis Calva Craves Fried Leg of Alejandra Galeana? Cannibal or Lover of Fine Food? Update 10-31

Jose Luis Calva, is an aspiring author of horror stories. He may also be a cannibal and a murderer. He is pictured in the A.P. Photo above being treated by paramedics after he was struck by a car while fleeing the Mexican police. Calva is suspected in the gruesome deaths of three women. Police discovered Calva's girlfriend's torso in his closet, a leg in the refrigerator and bones in a cereal box. He may have been responsible for two other mutilation murders as well. Alejandra Galeana, a 30 year old single mother and pharmacy clerk, had been Calva's girlfriend. She was reported "missing " last Friday. (Unfortunately this was too accurate of a description as dismembered parts of her body were found in the apartment.) Jose Luis Calva apparently admitted to police that he had boiled some of his girlfriend's flesh but that he hadn't eaten it yet. Investigators were trying to determine if the chunks of fried meat found in a frying pan in the apartment were human.

Body parts were found spread throughout the apartment (Spreading oneself too thin?) Calva is being investigated in connection with three mutilated bodies had been found in the city.Police found the draft of a novel titled "Cannibalistic Instincts."

Calva was still hospitalized on Thursday. Galeana's dismembered body was discovered in a closet; a leg and flesh from an arm were in the refrigerator, and arm bones were inside a cereal box, the prosecutor's office said. Calva also a suspect in the mutilation killings of an unidentified prostitute in April and an ex-girlfriend, Veronica Martinez. Coincidentally, Veronica Martinez was also a single mother and pharmacy worker. Martinez's dismembered body was found in 2004. Martinez's body was found chopped to pieces on the city's outskirts.

Apparently Jose Louis Calva had similar taste in girlfriends and in food! With real stories like this, who needs fictional Halloween tales?

Update 10-26: Jose Luis Calva was arraigned on Thursday on charges of murder and desecrating a corpse. He refused to make a formal plea, saying "I can't get my thoughts together right now." He previously acknowledged killing 32-year-old girlfriend Alejandra Galeana. Prosecutors think he killed and dismembered two other girlfriends, but have not charged him for those crimes.

"He killed her because he was high on cocaine," said defense attorney Humberto Guerrero Plata. "He didn't eat her, he just cut her body up." Calva told police he cooked the flesh to feed it to neighborhood dogs.
10-31 Halloween Update by Surfer Dude:
Update 10-31 Halloween Update by Surfer Dude:

I had a real scary thought. Suppose Jose Luis Calva (alleged girl friend eaterl) and Tiffany Sutton (vampire lady) hooked up. They come home from work.
Tiffany: Jose, you look sad, what's eating you?
Jose: Nothing dear, that would be cheating on you and I would never do that! Here, let me turn on the stove, I will cook you, er.. for you.
Tiffany: That's ok. I really am not hungry, I think I will just have a little drink and turn in early tonight. Besides, I know you are tied up at the moment... Surfer Dude