Monday, March 31, 2008

Legal Pub, Look! No Hands! Why? Dr. Khurana Pontificates And Surfer Dude Translates ~by Surfer Dude 2012 Scientific Update

Why Hands Free? An obvious reason for laying down your cell phone is it frees up your hands so that you have better balance while boarding. Similarly, on land, it allows you to be more creative with your hands during a date. Perhaps another reason is offered by a recent study by some intellectual dude, Dr Vini Khurana. The good Doc suggests that cell phone use increases a cell phone user’s risk of brain cancer. That is a gnarly thought and as a life long member of A.A. the thought of being a user does not leave me warm and fuzzy inside.
This Dude’s scribbling was submitted to the IoS in October. What this intellectual community is verbalizing is what some of us beach bums always suspected, – that using cell phones for 10 years or more can double the risk of brain cancer.

Now what does a surfer like me know about cancer? Nothing other than all the dudes say that if you smoke too much, inhale 20 lbs of asbestos daily or flash a nuclear reactor for three years, that you may get the dreaded disease. But what the egg heads say is that cancers typically take at least a decade to develop. This makes it hard to prove what really caused a given person’s cancer. Now if you are 90 years old and regularly use a cell phone, I really don’t think you are going to give a rats ass about this study. On the other hands, younger folks may want to pay attention.
Now the French are not my favorite dudes. Their surfing sucks and their rep is one of not being too friendly to yanks. Yet to their credit, earlier this year, the French government warned their peeps against cell phone use by children. (How many of us see teens with their cell phone glued to their glowing head?) The Croats and the European Environment Agency have also called for reduction of cell phone use and radiation from phones.
Why listen to this egg head? Professor Khurana is a neurosurgeon. (That is a brain surgeon you teens whose brain has already been reduced to moron status by the cell phone radiation.) Dr Khurana has received 14 awards, published more than three dozen scientific papers, reviewed more than 100 studies on cell phones, and he is either really smart or very well connected with the establishment. More important, the dude has instant credibility because he has a cool brain surgery website.

Should we throw our cell phones away? No way. They can save lives in emergencies. But it probably makes sense even to us members of the beach community to minimize our exposure with less talk time more hands free with the device away from our head whenever possible. Let me emphasize that a growing number of egg heads think this is a dangerous situation and that makes me want to share the news with others. Dr. Khurana puts his warning in perspective: "It is anticipated that this danger has far broader public health ramifications than asbestos and smoking." Professor Khurana, also suggested to the IoS that three billion people now use cell phones which is three times as many who smoke. The Cancer Society says smoking kills five million worldwide each year. Alleged exposure to asbestos in Britain is thought to kill more people then British traffic accidents.
The Mobile Operators Association basically disagree with Dr. Khurana's study and suggests it does not present a “balanced analysis" of the published science. They also claim it is contrary to more than 30 other independent expert scientific reviews. Of course, some non surfers and non aviators still claim the world is flat.

Lesson: For all of you hot chicks, pay attention. Next time a guy in a bar gives you his cell phone and drops the pick up line, “I will call you.” Tell him no thanks and giving him back his nuclear reactor (cell phone.) Or better yet, pick up a land line and call Surfer Dude and I will take you to a beach bonfire.
-Surfer Dude

Update: It was unintentional, but the comments have morphed into "pickup lines" and "ice breaking openers." Enjoy.

Update 5-31-11: Recent literature on cell phone usage has caused us to ignore the chatter for a while. Radiation from cell phones may possibly cause cancer, according to the World Health Organization. The agency now lists mobile phone use in the same "carcinogenic hazard" category as lead, engine exhaust and chloroform. 31 scientists from 14 countries, including the United States, made the decision after reviewing peer-reviewed studies on cell phone safety. The team concluded that personal exposure was "possibly carcinogenic to humans."There was some evidence of increase in glioma and acoustic neuroma brain cancer for mobile phone users. They have not been able to draw conclusions for other types of cancers.

Update 5-10-12:   There are 303 million cell phone subscribers in the United StatesThere are approximately five billion cell phone subscribers in the world. A study proving that cell phone use causes brain cancer or other harmful health effects would cause a lot of litigation.  India, recently announced a plan to require manufacturers to prominently display the level of radiation emitted by cell phones. There is also local support in the United States to prevent construction of cell phone towers near schools. Cell phones emit a electromagnetic radiation called radiofrequency (RF which comes in the form of  ionizing and non-ionizing.)  To date, heating of body tissue is the only proven biological effect of RF energy.

The amount of RF energy absorbed from the phone is called the specific absorption rate (SAR) which is regulated by the Federal Communications Commission (FCC). The current SAR limit is 1.6 watts per kilogram of body weight.  Does RF energy from cell phone use affect the brain and other tissues in the head which in turn causes cancerous (malignant tumors such as gliomas) and noncancerous brain tumors (for example acousitc neuromas, menigiomas, and parotid gland tumors)? 
Radiation emitted by cell phones is much lower than that emitted by x-rays, gamma rays, or even microwaves. Although exposure to high levels of RF radiation can cause harmful health effects, it remains unclear whether the lower levels of RF radiation emitted by cell phones are similarly dangerous. Epidemiology studies are difficult because of the lengthy latency period between RF exposure and the onset of brain tumors. Conclusive long-term data about cell phone related RF exposure may not be available for another generation. However, a recent Swedish study in 2011, found an increased risk for gliomas, a malignant brain tumor type, particularly as the latency time and cell phone hour usage increased. On the other hand, a Europeon study conducted solely on children and adolescents with brain tumors suggested that cell phone users were not statistically significantly more likely to develop brain cancer than nonusers.

The June 2010 Interphone Study suggested that the risk for gliomas, acoustic neuromas, meningiomas, and parotid gland tumors were associated with cell phone use based on a decade of research. Specifically, while the study found no statistically significant correlation between cell phone usage and the increased incidence of malignant brain tumors, it did find a possible link between the development of one type of nonmalignant brain tumor, gliomas, and heavy cell phone use. The study proclaimed a 40 percent increase in risk for gliomas for people who used their cell phones for an average of 30 minutes per day over a 10 year period.

In May of 2011, 31 scientists from 14 countries met at the International Agency for Research Center (IARC) of the World Health Organization (WHO) in Lyon, France.  The scientists reviewed studies associated with cell phone RF exposure and concluded that RF electromagnetic fields may be “possibly carcinogenic” to humans based on an increased risk for gliomas.  Their conclusion relied heavily upon the review of hundreds of scientific journals articles regarding RF energy.  However, the United Kingdom’s Health Protection Agency (HPA) recently announced that there is “no convincing evidence that RF fields cause genetic damage or increase the likelihood of cells becoming malignant.” Yet the HPA cautioned, that long-term effects of cell phone radiation are still unknown, as cell phones have only been in use since the 1990s: " [o]ne can’t know what the long-term consequences are of something that has been around for only a short period” said Anthony Swerdlow, who chaired the HPS review group. The HPA also stated that “excessive use of mobile phones by children should be discouraged.”
 Participation bias and/or other methodological limitations may cause the results of the study to be questioned.
Personal injury suits based on the health risks associated with cell phones often fail because of a lack of proof on causation.  Many courts conclude opinion testimony as to causeation is scientifically unreliable. For example, in Reynard v. NEC, 887 F. Supp. 1500 (M.D. Fla. 1995), the court granted summary judgment to the defendants because the plaintiffs’ evidence did not satisfy their burden of showing an issue of material fact regarding causation and did not satisfy the evidentiary requirements under Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). A similar result occurred in Newman v. Motorola, Inc., 218 F. Supp. 2d 769 (D. Md. 2002), aff’d Newman v. Motorola, Inc., 78 Fed. Appx. 292 (4th Cir. 2003). Plaintiff's experts to date have struggled to prove the reliabity of theri opinion necessary to comply with Daubert standards.

State courts rarely get to address the issue because federal regulations appear to preempt state law. See Farina v. Nokia, Inc., 625 F.3d 97 (3d Cir. 2010); Murray v. Motorola, Inc., 982 A.2d 764 (D.C. 2009).  However, in Pinney v. Nokia, Inc., 402 F.3d 430 (4th Cir. 2005), the U.S. Court of Appeals decided to let the state claim to go forward. 

Until there is definitive scientific proof establishing a causal link between long term cell phone use and cancer, plaintiffs’ will struggle with litigation. The good news is that more studies are on their way and hopefully the controvery will be resolved one way or the other.    

Friday, March 28, 2008

Did Ram Ayodhya Assault An Indian Witch Or Did He Exercise Legal Self Help In A Breach Of Warranty Claim? ~ by Blond Bombshell

It is time to end prejudice. Witches worldwide need to unite and preserve our rights. The latest example of ignorance occurred in New Deli. An Indian woman was tied to a tree after being accused of being a witch. She was beaten by a mob. The incident was captured with television footage courtesy of perhaps another witch. :)
Nishant Tiwari, a cop in northeastern India, said that when he arrived the so called witch (that means woman) was tied to a tree. The ladies hair was partially cut. She had been repeatedly slapped but thanks to magik, she had no serious injuries. The Indian witch is pictured in the photo courtesy of IBN.

Six (a number significant in magik- magic for the uneducated) people were arrested. Ram Ayodhya could face up to seven years in prison for his role in the attack. But Ram thinks he has a defense. Supposedly he told police he was justified in beating the woman because he paid her to use magic to improve his wife's health. When his wife's condition deteriorated, Ram accused her of performing black magik. (Simple breach of warranty claim?) A crowd gathered and helped tie her to the tree. Ironically, CNN-IBN reported that the incident took place near the local police station.
Guess the local police was a little low on MOJO that day...

Thursday, March 27, 2008

Is Divorce As Simple As One, Two, Three For Robin Williams and Marsha Garces Williams? ~ by Legal Pub

  1. The Cinderella storybook 19 year marriage of Robin Williams and Marsha Garces Williams is apparently over! Consistent with the statistic that women initiate 80% of all divorces, Marsha Garces Williams filed a petition for dissolution of marriage on March 21 in San Francisco Superior Court. Grounds? Irreconcilable differences! Surprise. Surprise. Take yourself back almost twenty years ago to once upon a time. Back then, Garces Williams worked as a nanny for Williams' son Zachary. (Zachary is Robin's previous wife, Valerie Valardi.)

  2. The two star struck lovers, Robin and Garces Williams fell in love, married and had two children, Zelda and Cody. How could lovable "Mork" or "Patch Adams" become so irreconcilably different?

  3. My all time favorite professor from Dead Poet Society has no comment. His agent Mara Buxbaum will only confirm that the couple is apparently splitting. Marsha Garces William's lawyer, of course, sees no need to comment.

Has Divorce simply become too easy?

Wednesday, March 26, 2008

Thomas Beatie First Male To Be Pregnant? D.B. Cooper Hijacker Parachute Discovered? Which is More Bizarre? ~by T.J.

Thomas Beatie claims he is 5 months pregnant. How? Supposedly he used to be a woman who went through a sex change several years ago but he kept his/her reproductive organs. Allegedly, he and his wife went to several fertility specialists until they found one who was willing to help them with this "pregnancy." His neighbors think it is a hoax. Legal Pub suspects it may be legit. LINK. Credit KATU for breaking the story. Update 4-5-08: An ultrasound has confirmed the pregnancy. Oprah Video Link!

Perhaps even more bizarre, in Amboy, Washington, a buried parachute may have been discovered which was used by skyjacker D.B. Cooper back in 1971. D.B. Cooper jumped from an Northwest Orient Airlines 727 with a 25 pound money bag containing 200-thousand dollars back on Thanksgiving eve 1971. Children allegedly found the parachute buried in a field that their father had recently plowed for a road. The chute is white, conical shaped, and deteriorated. Seattle FBI Agent Larry Carr will clean it and see if it has a label which which matches the companion chute left behind by Cooper in the plane.

In 1980, a family found 58-hundred dollars of the loot on a Columbia River beach, near Vancouver. It is speculated that the money bag traveled down the Washougal River, which is upstream from the beach, miles from where this parachute was recently found.
Other evidence discovered over the years according to KOIN News 6 includes Cooper's clip-on tie and clasp. FBI forensics experts apparently used it to extract the hijacker's DNA and perhaps fingerprints.

Finally, want to hit the Taliban where it counts? You can donate toys to Afghani children by following this link : LINK

Update D.B. Cooper 12-7-11:
Investigators are attempting to link fingerprints left behind on the airplane with fingerprints obtained from the toothbrush of L.D. Cooper. The suspect's niece, Marla Cooper, alerted authorities about her suspicions. Suspicions about Relative. Marla says her uncle was injured when he visited her family's home in Sisters, Ore. the day after the hijacking. However, her uncle claimed that his wounds were from an automobile accident. The mystery should soon be solved by the fingerprint analysis.

Tuesday, March 25, 2008

Virginia Tech Massacre Victims Offered Settlement That May Facilitate Closure ~ by Legal Pub

Legal Pub takes this opportunity to encourage families of those killed in the Virginia Tech shootings to accept the proposed settlement. Seung-Hui Cho ruined a lot of young lives that fateful April 16, 2007 day. LINK However, the proposed settlement gives a chance to help facilitate closure. Families of those killed have apparently been offered $100,000 each under a settlement the state is proposing to prevent lawsuits. Medical and counseling expenses would be provided to the families of the 32 killed and dozens of surviving victims under the plan. Participants may not publicly discuss the proposal but the apparent terms of the settlement have leaked out to the press.

Families would also have the opportunity to discuss the shootings with Governor, Timothy M. Kaine and university officials. Families apparently have until March 31 to accept or reject the proposed settlement in exchange for waiving any possible suit against the state and Virginia Tech.
The state can withdraw the proposal if not enough parties family members agree to the settlement.

In addition to the $100,000 lump sum payments to each of the families of those killed, another $800,000 would be reserved for the injured for reimbursement of expenses not covered by insurance for medical, psychological and psychiatric care for victims and their immediate families. In October, the families and surviving victims received payments ranging from $11,500 to $208,000 from the Hokie Spirit Memorial Fund. The proposed settlement would keep the fund open to accept contributions for at least five more years.

Litigation is uncertain and quite frankly, it may be almost impossible to prove that the State and University were negligent back at that time. Now, for each subsequent case, the standard of care may grow more stringent. Legal Pub wishes the best to the families, faculty and the Governor.

Monday, March 24, 2008

Corinne Bailey Rae's Husband Jason Rae Dead, Emilio Navaira Injured, Corazon Aquino With Cancer & Orit Greenberg Sues Oprah Winfrey, What A Weekend?

What an Easter weekend. The husband of soul singer Corinne Bailey Rae was discovered dead. Yorkshire police arrived at an apartment in the Hyde Park area of Leeds in northern England on Saturday, where they found the body of a 31-year-old man. They later identified him as Jason Rae. Drugs are suspected to be involved in the ordeal. A drug related arrest has apparently been made.

Singer, Emilio Navaira, was critically injured Sunday when his band's bus crashed in the metro area. Navaira and his band Rio had performed at a Houston nightclub on Saturday night. At about 5 a.m. Sunday, the bus slammed into traffic barrels on Interstate 610 northbound in Bellaire. Navaira was one of eight passengers on the bus who were injured. Navaira was apparently in critical condition at Memorial Hermann Hospital in intensive care. He apparently had surgery Sunday to remove a blood clot in his head and is a medically induced coma. Navaira has been married twice and has five children ranging in age from 2 to 18. Navaira ( a Democrat) toured with Texas Gov. George W. Bush during his 1998 re-election bid and sang "Juntos Con Bush (Together With Bush)." Wish him a speedy recovery.
Up date 4-17-08 Emilio Navaira has been upgraded to fair condition.

Former Philippine President Corazon Aquino apparently has colon cancer according to here daughter, Kris. Corazon Aquino is 75. She succeeded dictator Ferdinand Marcos in 1986 and became a symbol of democracy. She has remained active in social and political causes.

Finally, Oprah Winfreys most recent weight gain may not be her only problem. A woman has filed a lawsuit claiming that she was injured in a dash for seats at the Oprah Winfrey Show. Orit Greenberg seeks approximately $50,000 in damages. Did Harpo Studios fail to control the audience on Dec. 5, 2006 as the lawsuit alleges? Allegedly, audience members were told to sit wherever they wanted. Did this instruction lead to the crowd pushing Greenberg down a flight of stairs causing "severe and permanent injuries?" Harpo Studios does not comment on pending litigation, so their version of the story is yet to be heard.

Finally, for Legal Pub bachelors, Pam Anderson should be back on the market soon. After getting married, filing for divorce and then calling the divorce off, Ric Salomon apparently agrees with Pam that their marriage should be annulled. The grounds for the annulment are fraud. Neither party elaborated; however, no sane person would! (Future story topic?) Who is ready to be the next to pass through Pam's life?

Friday, March 21, 2008

Have Animals Inflicted Revenge Upon Humans With Judy Kay Zagorski, Kaleb, and Maxine Killingback Being Targets? ~ B.T. Update 5/09

So this is Good Friday? I would hate to see a bad Friday! Off the Floriday keys, Judy Kay Zagorski, 57, died on a boat after a spotted eagle ray leaped from the water and hit her. Zagorski apparently died when she fell backward and hit her head on the boat deck.
Judy Kay Zagorski of Pigeon, Michigan was either sitting or standing in the front of the boat as her husband piloted the vessel at about 25 mph out. Apparently the odds on getting hit a sea by a leaping ray is rather remote...
In other news, on Wednesday a three year old boy (Kaleb) is bit by a rattlesnake on a Texas beach. Doctors gave him serum antidote and performed surgery to relieve pressure in his leg. He is expected to survive. LINK

Maxine Killingback got bit by a rat in her toilet! Actually there may have been as many as 3 rats in her London toilet. LINK
Have a good Holiday weekend! B.T.
Update 5-28-08: A wild elephant trampled through a village in northern India on Thursday, killing at least seven people. 24 others were hurt before the female elephant was killed. The village of Bhudaheda is located near Jim Corbett National Park. Locals tried to frighten her away by beating drums, but I guess that just ticked her off.
Update 5-27-09: A white tiger mauled a zookeeper to death at a New Zealand Wildlife Gardens Wednesday. A group of tourists witnessed the attack. The attack took place at the Zion Wildlife Gardens near Whangarei. Two zookeepers were cleaning an enclosure at the park, when one of two white tigers lunged at a keeper according to Sarah Kennett, spokeswoman for Northland Police. Zoo staff tried to pull the tiger off the man but failed. The tiger was subsequently euthanized.

Wednesday, March 19, 2008

Vicki Van Meter, Record Setting Pilot As a Teen, Loses The Battle With Depression ~ Legal Pub

What happens to those who reach lofty goals so quickly in life? What happens when one reaches some tremendous goals at an early stage but even larger dreams fail to materialize? Let's go back to the early 1990's. Vicki Van Meter was an 11 year old pilot who made headlines for piloting a plane across the United States. In 1993 at age 12, she flew from the U.S. to Europe. Her life long dream was to be an astronaut but it never happened. At age 26, she apparently took her own life. (Above Photo Courtesy of A.P.)

According to official reports, Van Meter died Saturday of an apparently self-inflicted gunshot wound but in my view, she may have been a victim of her own success. Vicki's body was found in her Meadville, Pennsylvania, home a day after the shooting. According to family members, she had been battling depression with some apparent success of late. Her brother, Daniel Van Meter said, "(s)he was unhappy, but it was hard for her to open up about that, and we all thought that she was coping."

Vicki once said as a teen, "If you put your mind to it, you can accomplish anything." But Vicki's dream was to become an astronaut when she grew up. She earned a degree in criminal justice from Edinboro University in Pennsylvania. Vicki spent two years with the Peace Corps in Moldova. Van Meter more recently was an investigator for an insurance company. She apparently had recently applied to graduate schools to study psychology, but she never became an astronaut.

All this success in just the sixth grade. Van Meter's record was broken by a 9-year-old in 1994. Her record was subsequently broken by a nine year old girl. (The obsession over children pilots ended in 1996 when 7 year old Jessica Dubroff, her father, and the flight instructor all died in a crash in Wyoming. After the crash, Congress passed a bill banning record-setting attempts by unlicensed pilots.)

Corinne Van Meter said Vicki, "led a full and interesting life. ... She had more guts than any of us could ever imagine." One suspects that Corinne is right. The battle to conquere depression is real difficult fight which is often misunderstood. In Vicki's case, what came first, unfulfilled dreams or the depression remains a mystery for the public. What is certain, Vicki had so much more life to live that her early exit can only be explained by the belief that her next stop needed good young pilots. Vicki, R.I.P.

Links: Biography

Tuesday, March 18, 2008

Play the Victim, My Dear Dina Matos McGreevey? Or Modern Day Threes Company In Governor McGreevey's Suite?

Once a month? Once a week? Every night? How often must one have sex to have what’s considered a healthy love life? Some argue that there’s no set number. However, government experts define a "sexless marriage" as one in which couples make love no more than 10 times a year. A 2003 Newsweek magazine study concluded that between 15% and 20% of couples fall into this category. That’s enough for experts to label it an epidemic. Whether former New Jersey Gov. Jim McGreevey and his wife Dina met that definition may be subject to debate. But the happy couple is apparently pictured here at his coming out party courtesy of the A.P
As McGreevey and friends begin to kiss and tell, it is beginning to appear that he may be fed up with his wife Dina Matos McGreevey playing the victim. McGreevey alleges that he and his wife used to engage in three-way sex with his ex-aide and driver. Dina Matos McGreevey flat out denies the allegation. But former aide, Teddy Pedersen, told the New York Post he had threesomes with the McGreeveys in the late 1990s during Dina and Jim's courtship. According to Pederson, supposedly the three ways continued after the couple's marriage in 2000. Pedersen allegedly regularly sharing a hotel room with the McGreeveys during out-of-town business trips. (Perhaps they were just trying to hold down the budget?)

Dina Matos McGreevey issued a statement acknowledging that Pedersen had a long "close relationship" with her former husband, but called his sexual claims "completely false."

Who could forget how in August of 2004, Dina stood silently beside her man while he publicly declared himself "a gay American?" McGreevey admitted to having an office-compromising affair with a male staff member. He announced his intention to resign. The couple are now in the process of divorcing.

Jim McGreevey admits, "This happened, this happened in the past, and now, we need to move on with our lives," the former governor said in a written statement. "For all our sakes, particularly our daughter, we need to close this chapter and look toward the future... I still hope Dina and I can resolve our issues privately."
29-year-old Teddy Pedersen also told The Star-Ledger that he had threesomes with the McGreeveys for about two years during their courtship and into their marriage. According to Pedersen, the trysts ended when McGreevey was elected governor in 2001.

With a pending McGreevey divorce, can the Sptizers be far behind?

Monday, March 17, 2008

Saint Patricks Day Brings McCartney Matrimonial Closure, Halle Berry a 1 day old Daughter and Nicholas Hadzick A Naked Rampage Resulting in Jail Time

For Saint Patricks day, it is rather slow. While Paul McCartney awaits his 50 million dollar divorce decision, Halle Berry, 41, celebrates Sunday's birth of her daughter. Gabriel Aubry, the baby's 32 year old father is the envy of males around the globe. The two have been dating for two years. Berry told Oprah Winfrey last year that playing a mother in her latest movie, "Things We Lost in the Fire," convinced her she was ready for motherhood.
Berry may be a "Marriage Strike Supporter" because she insists that she has absolutely no plans to marry in the immediate future. Berry won the best-actress Oscar for 2001's "Monster's Ball." She also won an Emmy and a Golden Globe for 1999.

Speaking of birthday suits, Nicholas Hadzick of Freeland got arrested in his. This Luzerne County man is jailed for allegedly committing vandalism while naked. Nicholas Hadzick is accused of causing thousands of dollars in damage. Supposedly, Hadzick targeted the Willow Valley Resort and a near-by 24-hour grocery store. Perhaps inebriation contributed to the naked rampage? According to store manager, Jeff Frymyer, "He did quite a bit of damage to our store. Anything he could throw, he threw."

Hadzick is 30. He may turn 31 still in jail. Hadzick's bond is set at $200,000. He faces numerous charges, including risking a catastrophe, open lewdness, and public drunkenness.

Lesson: Have a safe Saint Patrick's day and keep your clothes on. That way, nine months later you won't be contributing to world overpopulation or going on a naked rampage. As a special treat, in the comments section are dueling comedians providing St. Pat's jokes. Perhaps Ian Coburn will join them. Thanks R.K. and Surfer Dude.

Saturday, March 15, 2008

John Ritter Malpractice Claim Settled In Part, Tried In Part! Doctors Lee and Lotysch Vindicated ~ Legal Pub

Many of us grew up watching John Ritter in Threes Company. It is almost hard to imagine a juror not knowing the popular deceased actor. In a recent medial malpractice trial, John Ritter Estate's lawyer argued that doctors Matthew Lotysch and Joseph Lee who treated John Ritter the night of his death "clearly" committed malpractice by failing to order a chest X-ray and instead using "incorrect treatments" that led to his death. Images Video

Defense attorneys argued that the actor's death could not have been prevented, and their clients treatment was within the standard of care. Plaintiff's attorney Moses Lebovits accused Dr. Joseph Lee of making several mistakes on the night of Sept. 11, 2003, at Providence St. Joseph Medical Center in closing argument. Ritter had become ill on the set of the sit-com "8 Simple Rules for Dating My Teenage Daughter." He was taken to Providence Saint Joseph's across the street from the Burbank studio complaining of chest pain, nausea and dizziness. Ritter is survived by his widow Amy Yasbeck and his daughter Stella as well as his children from his first marriage to Nancy Morgan: Carly, Tyler, and 27-year-old Jason.

Civil suit was filed Sept. 3, 2004, against Providence Saint Joseph Medical Center, the Burbank Emergency Medical Group and several doctors. The recent Glendale Superior Court trial death with the claim against radiologist Matthew Lotysch -- who allegedly failed to detect the actor's enlarged aorta and Lee who subsequently treated Ritter. Plaintiff's counsel argued that,
"It only takes common sense to know that they should have taken a chest X-ray." Counsel also argued that Lee should have gotten a more complete medical history about Ritter and the severity of his chest pain. Lee wound up using an intra-aortic balloon pump, which Plaintiff's counsel called "absolutely the wrong treatment."
Ritter apparently had a large ascending aortic aneurysm with a severe dissection and died shortly after the procedure. Lawyers for the two doctors countered that proper procedures were followed. Stephen Fraser, attorney for Lotysch, argued that the plaintiffs' expert witnesses used "flawed science." A chest X-ray had allegedly been ordered on Ritter before Lee even arrived at the hospital and Dr. Lee had no reason to believe the X-ray hadn't been done.

Fraser concluded final argument by asking the jury to "imagine if all the resources that were expended in this trial were spent on trying to cure aortic disease. A lot of good could have been done." Outside court, Fraser told reporters that Ritter had a rare condition that was going to be fatal no matter what was done. "The reality is Mr. Ritter had an extraordinarily rare presentation of a very rare disease and there was nothing that could have been done differently," he said. He also argued that the amount of money sought by the family would be "catastrophic" for the doctors.

Prior to this trial, the Ritter family had already received more than $14 million in settlements, including $9.4 million from the hospital where Ritter died, according to the Los Angeles Times.

At the conclusion of deliberation on Thursday, their was no verdict. On Friday, the jury returned a verdict in favor of both doctors and justice was served in show biz fashion.
Update: Great story from Ms. Calabaza at concerning her famous brother and his rise to success following the American Dream. I encourage all to read it.

Friday, March 14, 2008

Daniel J. Collins Allegedly Told His Children To Stab And Kill Boots The Family Tuxedo Type Cat ~ by T.J.

Daniel J. Collins is apparently a 39 year old man with incredibly poor judgment. Apparently Mr. Collins of Muncie, Indiana, told his children on Sunday that he wanted them to "learn how to kill." This is a rather bizarre request of children who are visiting a father's home. If it were rural Indiana, one might suspect he was going to take his children out to the farm to watch chicken or steers begin the process of becoming food. But no, apparently Mr. Collins saw fit to give his 11-year-old son a knife to try to kill the family cat.

The boy apparently had a humane heart and tried to save the cat by hiding it under a sofa. The rather clever son put ketchup on the knife to look like he had carried out his father's request. However, apparently good old Dad was not fooled by his son and so he apparently forced his daughter to hold the knife and guided her hand into stabbing the cat. Muncie police Detective Jami Brown, the chief detective in the case, has apparently filed a charging affidavit accordingly.

According to police, Collins ended up stabbing and strangled the cat himself. Collins then supposedly asked his son to throw the carcass in the trash. Apparently, the children told family members about the incident the next day and blamed it on their fathers drinking. Apparently the children live with their grandparents. Charges are pending in Delaware County and bail is set at $40,000. Collins faces charges of one count of animal cruelty and one count of battery. Collins also faces two counts of neglect of a dependent.

The battery charge against Collins alleges that his daughter was injured when Collins held her hand to guide the knife.

Boots was an 8-month-old tuxedo-type cat. She had all 9 of her lives ahead of her at the time of her death.
Update 3-29: The HSUS: "The Humane Society of the United States, the nation's largest animal protection organization, wrote to Delaware County Prosecuting Attorney Mark McKinney today, calling for aggressive investigation and prosecution, if warranted... The HSUS monitors incidents of cruelty across the U.S. and provides input to prosecutors in more than 200 cases annually."

Thursday, March 13, 2008

Stronger Roofs May Save Hundreds of Needless Deaths in Rollovers ~ by a Trial Lawyer

Six murders in L.A. and it is a public outrage. Over two hundred people die in roll over accidents because of faulty roofs and there is virtually no publicity. The hypocrisy should stop. You will probably never publish my article because I am a Trial Lawyer who represents injured people and you are usually on the side of the defense. But if you get a conscious, maybe some day my comments will be seen in print.
Auto manufacturers consistently deny any connection between roof strength and the safety of occupants. Admittedly, it is difficult to find a regulator who will offer a Plaintiff favorable testimony that there is a direct correlation between the two. But safety advocates and trial lawyers have used common sense logic to show that roofs crush too easily in rollovers. The result of weak roofs is that people become severely injured or to die. Such tragedy is needlessly. On Wednesday, a sobering report added an arrow in the Trial Lawyers quiver. The Insurance Institute for Highway Safety report concludes that more than 200 deaths in 2006 could have been prevented in rollovers if SUVs had stronger roofs.

The National Highway Traffic Safety Administration (NHTSA) hasn't upgraded its roof strength standard since 1971. Statistics show that a SUV is more than twice as likely as cars to roll over. NHTSA estimates that upgrading the roof strength standard may only save 13 to 44 lives a year. However, IIHS President Adrian Lund counters, "What we do know from this study is that strengthening a vehicle's roof reduces injury risk and reduces it a lot."

According to the institute report, if SUVs such as the 1999-2004 Jeep Grand Cherokee or Chevy Blazer had roofs as strong as the top-rated Nissan Xterra, there would be 57% less risk of serious injury or death in a single-vehicle rollover. The 1996-2001 Ford Explorer also had one of the weakest roofs. IIHS collected data from 12 states but tested only models without stability control or side-curtain air bags as standard equipment. (Stability control and side air bag curtains significantly help prevent rollover injuries.) The testing of select vehicles was designed to prevent vehicle differences from skewing its results according to the IIHS.
The auto industries comments? Steve Kozak, Ford safety engineer, points out that stability control and side-curtain air bags, tensioners in seat belts, and seat-belt reminders all significantly reduce the risk of rollover injuries. Chrysler spokes persons argue that the Grand Cherokee had a lower fatality rate in rollover crashes than the Xterra last year. But IIHS spokesman Russ Rader responds that their study controlled for factors that influence the chance of a rollover so it could isolate the link between roof strength and injury risk.

The Alliance of Automobile Manufacturers, which represents major automakers except Honda, calls the IIHS report "flawed."

The 212 deaths in 2006 that IIHS said may have been prevented with stronger roofs should have reduced fatalities in 11 SUV models by about one-third. Rae Tyson of NHTSA noted that NHTSA is working on a proposed rule to upgrade roof safety. But NHTSA advocates more strongly for seat belt usage.

Significant cases?

"Roof crush" injuries remain a major source of litigation. In the 1980s, 20-year-old Kelly Sue Green hit a horse in Oregon. The horse landed on her Pinto's roof and collapsed the roof into Kelly's head. A jury ordered Ford Motor to pay Green's husband $1.475 million.

More recently, 18-year-old Tyler Moody rolled a 2003 Ford Explorer Sport crushing the roof. His family's attorney, Clark Brewster, argued in 2006 that the crash compressed his body causing "positional asphyxiation." A $15 million verdict was returned; however, it was overturned by U.S. District Court Judge Claire Eagan. Brewster is apparently going to retry the case in June. Ford said: "Our heartfelt sympathy goes out to the family, but this accident was a result of reckless driving. Tyler Moody was an exceptional young man, but unfairly blaming Ford for the driver's mistakes only compounds the tragedy."

The current standard? NHTSA proposed upgrading its roof strength standard in 2005. NHTSA recently solicited comments on a tougher proposal which involves testing both sides of a vehicle's roof. The current standard adopted in 1971 requires that roofs be able to hold more than 1.5 times the vehicles' weight. (The standard became applicable to SUVs and pickups in 1991.) The NHTSA 2005 proposal would require the roof to support two times the cars' weight. A new proposal may increase the standard to require roofs to support up to three times the vehicles weight.

Who can help with rollover cases? For expert analysis, consider consulting Carl Nash, a former NHTSA official who works as an expert witness in rollover cases.

Editors note: The name of the author has been with held as this is not intended as an advertisement. This article should be considered the opinion of it's author.

Wednesday, March 12, 2008

Jamiel Shaw Jr. Murder By Hispanic 18th Street Gang Must Trigger The War Against Gang Violence ~by Legal Pub

Jamiel Shaw was an outstanding high school football player who also ran track. Jamiel had good grades and stayed out of trouble. His future was so bright, he was being recruited by Stanford. Gang members ended that future when they pulled up in a car and asked him if he was in a gang. Before Shaw could tell them "no," he was murdered in the streets of Los Angeles. Jamiel Shaw Sr. heard the shots from inside his house and tried to call his son's cell phone to know avail. Watch dad describe

This young man not only had a good dad, he also had an outstanding mom. Army Sgt. Anita Shaw was notified of her son's murder while serving her second tour in Iraq. Anita Shaw has returned to Los Angeles to bury her son.

In the mean time, Pedro Espinoza, a 19-year-old member of the Hispanic 18th Street Gang, was arrested and could face the death penalty if convicted. Espinoza is scheduled to be arraigned March 25. Espinoza was apparently not a novice when it came to crime. Espinoza was released from jail one day before this murder. The previous charge? Assault with a deadly weapon. According to Los Angeles Police Chief William Bratton, a second suspect who was with Espinoza at the time of the shooting is also being sought.

Shaw is not alone. During a three week period of gang related shootings in L.A. a man was gunned down as he held a 2-year-old baby. In another incident, a 13-year-old boy was shot to death last week as he picked lemons from a tree. In a third incident, a 6-year-old boy was shot in the head while riding in the car with his family (two were arrested for that shooting Los Angeles Mayor Antonio Villaraigosa describes the shootings as random. In the mean time, relations are apparently strained between the black and Hispanic communities. "There's no denying that some of the crime in this city is a direct result of hatred, animosity, racial animosity, ethnic differences," Bratton said.
Shaw will be missed both off and on the grid iron. He was a junior at Cathedral where he ran for 1,052 yards with an average of 14.2 yards per carry. Off the field, he will be missed even more by friends and family. May his death serve as a rallying cry that starts an official war against gangs. If gang shootings result in strict enforcement of the death penalty or life in prison without parole, one of two things may happen. Either gangs will become less attractive option and thus gang crime be deterred or murders will be permanently removed from the community.
Update 7-20-08: Pedro Espinoza, a 19-year-old who allegedly is a gang member was charged in the March 2 death of Los Angeles High School football player Jamiel Shaw Jr. The Defendant pleaded not guilty to murder. Espinoza was arrested March 7 and charged March 11. A few days later, Jamiel Shaw Jr. had his funeral and was laid to rest. Espinoza remains jailed without bail. If guilty, this is a step in the right direction in the war against gang violence. Keep in mind, all suspects are innocent until proven guilty.

Update 3-5-10: In order to post any further comments on this particular thread, you will need to email Unfortunately this is necessary on this thread due to spamming.

Tuesday, March 11, 2008

Governor Spitzer's Wife Must Be a Saint As She Stands By His Side Despite His Apparent Involvement With Prostitution Update 3-13-08 ~ by Legal Pub

Client number 9 a.k.a. Governor Spitzer is in trouble. Prosecutors have unsealed an affidavit that involves Spitzer and a prostitute in a Washington hotel room last month. Spitzer is a Democrat which of course prompted James Tedisco, Republican minority leader in the New York State Assembly to suggest that the Governor resign.

Tedisco said, Spitzer's push to reform government "loses all validity if he was involved in something illegal like that." Spitzer took office in January 2007 after serving eight years as the state's attorney general. Spitzer has not been charged with any crime. The Governor, is married with three children. His family was at his side at his press conference when he confessed to a personal indiscretion and acting "in a way that violates my obligations to my family, that violates my or any sense of right and wrong."
He did not take questions. Watch Spitzer's apology

Could he be innocent? Spitzer was caught on a federal wiretap. The prostitute, identified only as "Kristen" worked for the Emperors Club. The club apparently charged between $1,000 and $5,500 an hour. It operated in New York; Los Angeles, California; Miami, Florida; London, England; and Paris, France. Temeka Rachelle Lewis is accused of working as a booking agent for the club.

The real question, when will one of the family members of these politicians say enough is enough? It must take a special person to stand by a spouses side when such allegations become public. I sincerely doubt that most spouses would tolerate such indiscretion.

Update 3-12-08: Speculation is that Spitzer may have spent between $4500 and $80,000 for services rendered. That had to put a hurt on the family budget!

Update 3-13-08: An affidavit states "Client 9" paid $4,300 for 2½ hours and arranged to meet at Washington's Mayflower Hotel, with some of that a deposit on a future session. He also paid for train tickets, cab fare, mini-bar and room service charges for "Kristen." Kristen is apparently 5' 4", 109 pound brunette who appears to be Ashley Youmans a.k.a. Ashley Alexandra Dupre. The Governor may have used the Empire Club services as many as 8 times. While the alleged breach of trust and violation of his marriage vows are inexcusable, one must admit the Governor has good taste in women. Legal Pub projects that Ashley will go on to profit from this exposure while the ex- Governor (he has officially resigned) will struggle to keep his family.

Friday, March 7, 2008

Eve Carson Murdered Near North Carolina Campus By a Hoover Crip Gang Members? Lauren Burk Shot Near Auburn Campus by C. Lockhart ? Update: 7-4-08

Eve Carson was murdered without cause.

Eve was the president of the North Carolina student body who was the victim of a random shooting. Thousands of students gathered for a candlelight vigil in the campus pit. Chapel Hill Police Department confirm that Carson, 22, had been shot in a neighborhood about a mile from campus on Thursday. Her body was found lying in an intersection. Her blue 2005 Toyota Highlander was found about a mile from where her body was discovered. Her vehicle may have been stolen during the incident. Carson was a native of Athens, Georgia and a pre-med student. She had her whole life ahead of her.
Update 3-8-08:
If you have any information on this case, call NC WANTED toll free at 1.866.43.WANTED (1.866.439.2683)
The noose around Carson's killer is tightening. Police in Chapel Hill are releasing two surveillance photos of a possible suspect taken at an ATM machine in Chapel Hill. Photos were taken as the suspect used Eve Carson's ATM card. Police released the above photo of a a suspect in a baseball cap. Police have also released a photo at a convenience store.
Update 3-10-08: The hat worn by the suspect is green with an orange star. It appears to be the hat of the Hoover Crips gang. (Vintage Houston Astro's cap and hooded sweatshirt.)Enhanced photo's reveal one and perhaps two back seat passengers. Eve Carson dedicated her life to helping the less fortunate. If it turns out that gang bangers took her life, then I hope it is not in vain and law enforcement dedicates itself to eradicate gangs not just in North Carolina but nationwide.
Update 3-13-08: An anonymous tip led to the arrest of Lawrence Alvin Lovette Jr. He is believed to be the back seat passenger in the vehicle at the ATM. Lovette is 17 according to Durham police Lt. Robert McLaughlin Jr. Demario James Atwater was previously arrested on Wednesday. Atwater was charged with first-degree murder. It appears that Lovette was driving the car in the ATM photos. Atwater was apparently the shadowey figure in the back seat. LINK Lovette's myspace: LINK Good work to the police and all those offering tips. All suspects are innocent until proven guilty.

In Alabama, Lauren Burk, a female student from Georgia was found fatally shot on a road near the Auburn University campus Tuesday night. The investigation did not initially result in any arrests. The 18 year old freshman from Marietta Georgia was found wounded on Alabama Highway 147 around 9 p.m. Tuesday according to reports. Her car was discovered set on fire.

Update 3-7: Legal Pub has learned that the body of Ms. Burk was found on what Auburn students refer to as "College Street." It is in the middle of everything, only a small block from campus. In other words, she was not found on some deserted Highway.
Update 3-8: A press conference on Saturday morning in Auburn named a suspect. A Fox affiliate indicated that a prime suspect led police on a high speed chase. This suspect may also be responsible for armed robberies in Newnan, GA and Phenix City, Alabama. The suspect is Courtney Lockhart, age 23. WRBL TV reports that Lockhart was charged with Burk's murder. The CBS affiliate indicates that "investigators have recovered evidence" apparently connecting Lockhart to Burk's death. Lockhart is to be presumed innocent until otherwise proven. Courtney Lockart's photo can be seen here: PHOTO LINK

Update 3-10: Lockhart is charged with capital murder during a kidnapping; capital murder during a robbery; and capital murder during an attempted rape. According to WRBL News 3, Lockhart admitted he committed at least five armed robberies in the area in recent weeks.
Lockhart is also wanted in connection with an attempted carjacking and armed robbery in Newnan, Ga. He faces charges of armed robbery, aggravated assault, kidnapping, possession of a firearm by a convicted felon and possession of a firearm during the commission of a felony.
So much for prison reform.
Update 5-1-08 Remembering Eve. You tube of Carolina Weekly after she won the student election. LINK
Update 6-28-08: Search warrants reveal the final terrifying moments of Eve's life. According to a confidential informant, Eve was kidnapped while studying at home. She was forced into her own vehicle so that the killers could access her ATM account. She was then shot multiple times in an attempt to cover up the crime. Superior Court Judge R. Allen Baddour released six warrants naming suspects Laurence Lovette, 17, and Demario Atwater, 22. Both suspects have been charged with the first-degree murder of Eve Carson. Lovette is represented by attorney, Karen Bethea-Shields, who of course objects to the hearsay in the warrants.
Jonathan Brown represents Atwater.

One warrant alleges that Lovette and Atwater entered Carson's home through an open door, kidnapped her and used her pin to withdraw $1,400 from the ATM. Carson's Bank of America receipt was found near her vehicle after her death. A shoe print was also apparently on the receipt. According to the warrant,
Carson was shot multiple times by Lovette and later by Atwater. Agent Brian Flemming of the State Bureau of Investigation said two separate weapons were used in the shootings. (That appears consistent with the informant's story.)

Update 7-4-08: The autopsy report can be read here: AUTOPSY Note: no alcohol in blood stream.

Update 6-8-11:
With regard to Eve Carson murder, Demario James Atwater, 23, received his federal life in prison sentence in Winston-Salem. He plead guilty to charges related to Eve Carson’s death. He was sentenced to life in prison on two counts and 10 years in prison on three counts. He was also ordered to pay more than $212,900 in restitution.

Thursday, March 6, 2008

Patrick Swayze and Randy Pausch Afflicted With Pancreatic Cancer But Share Optomistic View Of Life Lessons ~ by Legal Pub Update 9-15-09

"Dirty Dancing" star Patrick Swayze was apparently diagnosed in late January with pancreatic cancer. That is an aggressive cancer that may mean that he has less then a few months to live according to the National Enquirer. CNN has also confirmed the diagnosis but not necessarily the prognosis. Apparently, Patrick, 55, has been traveling to Stanford University's prestigious cancer center in Palo Alto for radical chemotherapy. Swayze apparently remains optimistic that the treatments will be successful. Swayze's doctor, George Fisher, states that Patrick has a very limited amount of the disease and appears to be responding well to treatments. Dr. Fisher adds that all reports stating a time frame for Patrick's life expectancy are erroneous.
According to The National Cancer Institute, there will be 37,680 new cases of pancreatic cancer in 2008 with 34,290 deaths in the U.S. According to their statistics, only five percent of patients live more than five years after being diagnosed. Swayze and his Doctor are optimistic as to his prognosis.

According to Perez Hilton, Swayze has " been at rehearsals for a new cheer leading movie at Century City studio frequently lately, and ... if he is gravely ill, he is hiding it very well."
Pancreatic cancer has also inspired an inspirational speech by Randy Pausch. The speech Pausch gave to Carnegie Mellon is a great guide on how to live life the right way and to stay optimistic. Randy encourages others to follow dreams, live life to the fullest, be honest, be humble, and most importantly have fun. I encourage all to follow the link to a better life.

Paush's advice on achieving one's childhood dreams can truly change any one's negative attitude into a positive disposition! Thanks Randy.
Update 5-28-09: Randy Pausch gave an inspirational speech at Carnegie Mellon's graduation ceremony on 5-19-08. It is worth listening too! LINK
Update 7-25-08: Randy Pausch passed away early this morning at his home in Virginia. His battle with pancreatic cancer has now come to an end. Randy was wise beyond his 47 years of age. He wanted to be remembered as a healthy energetic father. Let us honor that memory.
Update 7-29-08: Donations to help fight pancreatic cancer may be sent in Randy's memory to LINK
Update 9-15-09: Patrick Swayze lost his battle with pancreatic cancer last night. May he rest in peace.

Wednesday, March 5, 2008

Margaret Jones A.K.A. Maragaret Seltzer Lied, As Did Lauren Cleri And Well Over 50% Of All Women? ~ by JIll

Women lie. Some are good at it. Some ar not. Cyndi Hoffman, the sister of author Margaret B. Jones has tattled on her. Margaret Jones, who claimed that she was a foster child in South L.A., really grew up with her family in Sherman Oaks. Ironically, the March 4, 2008 memoir of "Margaret B. Jones" received good reviews. Perhaps, Cyndi was a bit jeolous of her sister's success and went to the press to set things right. "Love and Consequences," a critically acclaimed autobiography about growing up among gangbangers was made up. Margaret Jones is really Margaret Seltzer. She is not a half-white, half-Native American who grew up in a foster home. She is a white woman who was raised with her biological family in Sherman Oaks. She graduated from Campbell Hall, an exclusive private school in the San Fernando Valley.

Seltzer's admission that she is a fake was provided to the New York Times, which last week published a profile of Seltzer using her pseudonym. Seltzer's lie was unmasked when her sister Cyndi Hoffman, 47, notified the memoir's publisher, Riverhead Books. (Congratulations Cyndi on your 10 minutes of fame for turning in your sister! Bet your future family holidays are fun...)

But according to a New York Post article, no one should be surprised about this lie as females lie "more cleverly and successfully than men" about everything from infidelity, cosmetic surgery, barhopping and shopping binges. "Women lie as a survival technique, but also to get what they want," said Susan Shapiro Barash, author of "Little White Lies, Deep Dark Secrets: The Truth About Why Women Lie."

Lauren Cleri, 26, admitted on a Fox T.V. show that she had cheated on her NYPD cop husband. However, she failed a polygraph, and lost $200,000, by answering "yes" when asked if she believed she was a good person.

Barash interviewed 500 women and concluded:

* 75 percent lie about how much money they spend.

* 50 percent harbor "mixed feelings about mothering."

* More than 60 percent cheated on their husbands.
*More than 80 percent believe in "beneficial lying."

So, honey, if you are reading this, when I told you that I loved you on Valentines Day, don't assume it was true because you forgot to hook me up a lie detector test.

Love Jill

Tuesday, March 4, 2008

Score Card Needed To Determine the Alleged Roles of Shawna Nelson, Ken Nelson and Michelle Moore In The Death of Heather Garraus?

Rather than focus on the six people shot in Memphis, our attention turns to Shawna Nelson. (Photo at left courtesy of A.P.) Judge Roger Klein told her that she carried out the murder of Heather Garraus "... with great planning and deliberation... You deserve to serve every day of the sentence I will impose." Nelson shot Heather Garraus, 37, on January 23, 2007. Heather was a Weld County sheriff's dispatcher. Nelson apparenlty had an affair with Garraus' husband, Ignacio Garraus, who was a Greeley police officer. Ignacio and Nelson apparently had a son together, but Ignacio Garraus ended the relationship a month before the shooting.

Apparently, a masked killer, dressed in black, confronted Heather Garraus in the parking lot of the Greeley credit union. The masked gunman said, "You ruined my life. Get on the ground." Garraus knelt down and was shot twice. Nelson denied that she was the shooter and claimed that she was on her way to a liquor store at the time. Was she, as she claims, just in the wrong place at the wrong time or was she a jealous, vindictive person capable of murder?

Nelson was apparently pulled over shorly after the shooting by her husband, Kenneth Nelson. Later, she was arrested by Greeley police.Nelson claims when Ignacio broke up with her on Dec. 16, 2006, she told Ignacio Garraus she was “done with the drama” of their affair. She claims
she was fine with the breakup. But Shawna apparently sent angry text messages and e-mails to the Garrauses. Nelson claimed she was angry Ignacio Garraus had no intention to raise Christian, his son with Nelson. Text messages allegedly labeled Heather Garraus a “psycho (@@@@@)” and challenging her to a fight. Nelson claimed these were sent in response to a voice mail from Heather Garraus. Nelson claims when she first got pregnant by Ignacio Garraus in 2004, he suggested an abortion. On the night of the murder, Nelson said she decided to go to the liquor store and that she didn’t know why her husband stopped her just short of their house a few minutes after the murder.

Michelle Moore, entered a plea last week concerning a charge of being an accessory to crime. Moore testified that she and Nelson had discussed how to kill Heather Garraus. Shawna Nelson suggested that she and Moore had a romantic relationship. Moore denied the relationship. Shawna Nelson suggested that Moore was not accurate.

Apparently, Shawna's husband, Ken Nelson, was a Weld County sheriff's deputy at the time of the shooting. He was apparently accused of evidence tampering for allegedly handling the gun believed to be the murder weapon. (He had nothing to do with the murder itself.) Both Ignacio Garraus and Ken Nelson have resigned from their law enforcement jobs.

Monday, March 3, 2008

Riley Taylor, Caffey Family, and Kevin Underwood All Had a Bad Weekend ~ by L.T. Update Legal Pub 3-10-08

Three Legal Pub stories with a common theme, "tragic death." One an accident (Riley Taylor shooting), one premeditated rage (Caffey family slaying) and one psychotic idiot (Kevin Underwood). For the survivors of the victims, it is simply tragedy. (Underwood, the alleged psychotic killer is pictured to the left.)

In Griffin Georgia, tragedy struck when Riley Taylor, a former Fulton County sheriff's major accidentally shot and killed his wife, Denise Taylor apparently while handling a gun. Riley Taylor, 54, was at a family function when his weapon accidentally discharged striking his 54 year old wife. Griffin police spokesman Cpl. Bryan Clanton said Denise Taylor died at Grady Memorial Hospital in Atlanta. The shooting was purely an accident. No criminal investigation will be done. LINK

Riley Taylor Update 3-6-08: According to family members, Riley Taylor was attempting to render a handgun safe when it discharged. Apparently, Riley Taylor had his son Jason's loaded weapon. (Jason is also a police officer.) Apparently the hammer was stuck in the “half-cocked” position. Apparently while attempting to fix the problem, the handgun discharged and Mrs. Taylor was struck in the hand. Apparently the bullet then passed into her chest. Apparently Riley's hand was not on the trigger. The Griffin Police Department and the Spalding County Coroner’s Office concluded that the death was an accident. Editorial: This site is not necessarily an advocate of gun control. However, gun safety and avocation to treat every firearm as if it were loaded is a worth while goal if it prevents accidents. Cloud writer has provided links in the comments to other forums for those who may wish to discuss this accident.

Caffey Family Attacked By Daughter And Her Friends?

Charlie James Wilkinson, 19; Charles Allen Waid, 20; Bobbi Gale Johnson, 18, along with an unnamed 16 or 17 year old female are suspects in a murder arising out of anger because the 17 year olds parents would not let her date one of the other suspects. The unnamed 16 or 17 year old apparently actively participated in the murders. The suspects are being arraigned on three counts each of capital murder.Bond was set at $1.5 million for each of the four. According to OfficerTraylor, the 17 year old had been dating Wilkinson. The 17 year olds parents, Penny Caffey and Terry Caffey disapproved of the relationship. Apparently while the Caffey family was sleeping, the mother, Penny Caffey, 37, was shot and stabbed. Tyler Caffey, 8, was also stabbed. Mathew Caffey, 13, was shot and stabbed. The home was then set on fire. The girl's father, Terry Caffey, was shot in the head but he crawl 300 yards to a neighbor's home (Carl Johnson) where 911 was called. Terry Caffey is expected to live.
Caffey Update 3-3-08: Graphic details are being released which includes allegations that the 16 or 17-year-old daughter allegedly had sex with her boyfriend after he helped kill her family. This East Texas town may never be the same. According to Rains County Sheriff's Department, Charlie James Wilkinson, allegedly told investigators his girlfriend wanted her parents dead because they forbade their relationship. (If true, it is a shame and a sick tragedy that the only way these kids thought they could be together was to kill her parents.)

CAFFEY UPDATE 4-7-09: All 4 defendants apparently pled guilty; Bobbi Gale Johnson received 2 sentences of 40 years. Erin Caffey received 2 life sentences + 25 years. The boys sentence is not currently known.

Kevin Underwo
od Alleged Cannibal Will Travel

Kevin Underwood, 28, is a former grocery stocker who claimed Internet pornography turned on his cannibalistic fantasies. When found guilty, he showed no emotion. The victim's Family members appeared satisfied with the verdict. But no punishment will ever bring back Jamie Rose Bolin. The memory of the young Bolin girl's body being found in a plastic tub in Underwood's apartment still haunts law enforcement.Judge Candace Blalock instructed jurors to return on Monday morning to determine the penalty. Prosecutors will seek the death penalty, while the defense will plea for life. Rose Fox, Jamie's grandmother, said, "He made his choice... He's a monster in human form... I was for mercy. And then when I found out what he really did to her ... . He showed her no mercy."

Attorney Greg Mashburn said, "His plan is to butcher someone like an animal."In closing, Defense attorney Matthew Haire did not dispute Underwood's guilt. But called Underwood, "a lonely, very troubled, reclusive young man." (No kidding, Matt?)

3-10 Update: Jurors deliberated for nearly 8 1/2 hours and returned a recommendation that Kevin Underwood, 28, be put to death for killing Jamie Rose Bolin. He was convicted last week of first-degree murder. Underwood, who showed no emotion as the verdict was read. He is will be formally sentenced on April 3. Underwood's videotaped confession admitted that he fantasized about torturing and killing a person and cannibalizing the body. However, no evidence was presented that any cannibalism took place. The girl's body was found in a plastic tub in his apartment with her head nearly decapitated.