Friday, August 29, 2008

David Duchovny Star of Californication A Sex- Obsessed Man or Just Playing A Role? Tom Cruise Negligent? -by Blond Bombshell

"We need a spicy scoop," the editor said. "Why me?" I responded. "Because Hollywood is where it is at, Shell, baby."

Okay, so here goes my limited scoop: David Duchovny is best known for the x-files. But for those with Showtime, you may recognize him as the star of a series called "Californication." This is a show in which he plays a sex-obsessed man. The show has earned Emmy nomination for casting and cinematography. Ironically, David Duchovny has apparently voluntarily entered a rehabilitation facility for sex addiction.

David's publicist, Flo Grace, has apparently confirmed the rehab report. At 48, with successful treatment, David can look forward to a long happy "sexless" life. I can only imagine that such successful treatment is the goal of his wife Tea Leoni.

On another note, Tom Cruise and United Artists have been sued for several million dollars because of injuries to 12 extras which happened because of a panel malfunction on a WW II type of vehicle. The movie is about Hitler, and Cruise may take a personal hit if the law suit is successful.

That's all the scoop I have, Mr. Editor. If sex and injury don't sell, nothing will!

Thursday, August 28, 2008

Anna Goeldi Unjustly Executed For Practicing Witchcraft! - by Blond Bombshell

This goes under the heading of "duh!" A woman accused of being a witch was beheaded in 1782 in Switzerland. Anna Goeldi was accused of causing a girl to convulse and spit pins. Now 226 years later she was exonerated. (Little good that does for a headless corpse.) Ms. Goeldi was the last woman unjustly executed as a witch in Europe. Before clearing her name, the Swiss consulted with both the Protestant and Roman Catholic churches. (So that is what murderers call confessing one's sins these days...)

Ironically, the Swiss village of Mollis, where Anna Goeldi was executed now houses a museum detailing Goeldi's execution for witchcraft. Such things infuriate a real witch like me. (Want male references for my qualifications?) Goeldi was never a witch. Had she been a real witch, she would have nagged the men to the extent that they were so busy performing honey do's that the men would have had no time for frivolous witch hunts. Goeldi is just another example of ignorant male chauvinistic stereotypes that plagued the U.S. and the rest of the world for all too long. Now I will come off my soapbox, grab my broom and fly off to work in Denver. Real witches have important jobs to get completed before all of the convention delegates sober up!

Wednesday, August 27, 2008

Is Jerico Scott Too Talented For Youth Baseball or Is He Unfairly Being Targeted?

Civil rights issues once again rear its head in sports. Does a nine year old boy have a constitutional right to play youth baseball? The court system in New Haven, Connecticut may end up deciding this question as it pertains to nine-year-old Jericho Scott. (Photo at Left courtesy of A.P.) Jerico Scott is a good right-hand pitcher who can throw a 40mph fastball. The Youth Baseball League of New Haven has allegedly told Scott's coach that Scott could not pitch any more. When Jericho attempted to take the mound last week, the opposing team forfeited the game. The league has eight teams and about 100 players. It intends to disband Jericho's team (Will Power Fitness) and redistribute its players. Jericho's coach, Wilfred Vidro, allegedly resigned over the incident. But Vidro claims that he has not quit and the team refuses to disband. Players and parents protested Saturday requesting that Jericho be allowed to pitch. (Apparently Jerico has never hurt any one and by most accounts is an accurate pitcher.)

Is there a deeper, more sinister plot? Some say Jerico may be unfairly targeted because he turned down an invitation to join the defending league champion team which is sponsored by the employer of one of the league's administrators. The league denies any such reason. League attorney, Peter Noble, claims that the only reason in banning Jericho from pitching is that his pitches are just too fast for a co-ed developmental league of 8 to 10 year olds.

Attorney John Williams may meet with Jericho's parents to discuss legal options. Will a court soon be deciding if playing youth baseball is a right or a revocable privilege?

Tuesday, August 26, 2008

Are Prostitution Johns Just Innocent Parts of a Socioeconomic Currency Sytem? ~by Surfer Dude

Lounging around the beach, the guys all talk about politics. Not who is going to win. Conventions. Why? Because talk of political conventions, spurs the inevitable subject of the oldest profession in the world. Staring at the stars, Surfer Dude tried to enlighten his fellow free loaders as to why prostitution should be legal. While the exact words were lost in the smokey fumes and fine Miller Lite liqueur, the explanation went something like this: When one studies the science behind the bartering system, the element of mens rea (guilty mind or intent) disappears. (My reading of legal pub vocabulary words always impresses my fellow boarders.) Throughout history, men and women have used their bodies to get what they need. For example, Egyptian ruler Cleopatra, created a power base by sleeping with Roman rulers Julius Caesar and Mark Antony. Think about it. Is that any better then the man and woman who were arrested at a motel in Fort Wright, Kentucky for allegedly swapping sex for gasoline? Humans do what humans have to do to survive and even to thrive. Where is the criminal intent in survival? Scientists explain that it is a biological response to barter our bodies for what we want and need.

But Surfer Dude, are there any studies? Boarders are real big on scientific peer review studies. In between all of the booze, smoke and foreign chemicals, my peers like a scientific explanation of their reality. (For example, the effect of a full moon on tomorrow mornings waves.) Leave it to the Big Ten. 475 University of Michigan undergraduates (ages 17 to 26 ) were studied concerning their bodies. The study revealed that 27 percent of the men and 14 percent of the women had offered someone favors or gifts in exchange for sex. (I.e. if I don't got to the beach today and instead do your laundry, will you sleep with me?) Similarly, 5 percent of the men and 9 percent of the women admitted trading sex for freebies. (I will sleep with you if you do my laundry instead of hang out with your dead beat friends.) The conclusion of the study "recognized the value of this socioeconomic currency system." Scientist dude, Daniel Kruger from the University of Michigan School of Public Health has published his study in the April issue of "Evolutionary Psychology." (This makes for great light reading on the beach.)

Given this valuable "socioeconomic currency system," why should it surprise any one that in May of 2008, police arrested a 93-year old man during a prostitution sting? Frank Milio, a 93 year old man, allegedly offered to pay an undercover policewoman money for sex. The cop was disguised as a prostitute. Milio allegedly offered to pay $20 for " services." Milio denied any illegal conduct and is to be presumed completely innocent. (At 93 it is hard to imagine he was intending to do anything besides "flirt." If that is a crime, the jails would be full.)

Another 93 year old man, Carlos Underhill allegedly approached the same under cover officer. He claims he was not soliciting sex but just wanted to talk to the "good-looking girl." (Where is the crime in that?) Underhill apparently just wanted to offer the girl a ride. Police dropped the charges against Underhill, and who could possible disagree with that?

Why pick on 93 year olds? For that matter, why pick on anyone when it comes to the oldest profession in the world? Trading favors for sex is not just something that happens at college or in a prostitution work zone. Studies suggest that some professionals will barter with their bodies. Rocky Fino, is the author of "Will Cook for Sex: A Guy's Guide to Cooking." (Is this not an invitational guide to enter into the world of barter?) Handy men and contractors tell stories of legendary proportions about desperate housewives who flirt with them while scantily clothed. If such a relationship becomes physical is it because of the need to fulfil a fantasy of having sex with a rugged, muscular man or is it just an attempt to barter for services? Experts suggest that it is a programmed biological response. A man who can supply shelter, wealth, security or HOME REPAIRS is deemed attractive and worthy of sexual rewards. So, how can we fault the doctor or the lawyer or the plumber who sleeps with his client? (If he is a vet and sleeps with his patient, then that is another story.) Now, if you are a woman who thinks this is just plain wrong, then date one of the boarders who listened to my explanation last night. Boarders have no clients and for that matter, no job. No need to think we will cheat on you at work (because work is a foreign concept) and you have no worries that we will become work-a-holics and neglect you. Unless, of course you consider laying on the beach 18 hours a day work. Otherwise, go down to the local garage and pickup one of the burly grease monkey dudes.

Monday, August 25, 2008

Consequences of Big Foot Hoax?

The problem with a hoax is that it has consequences. A hoax can be some thing as simple as an intercepted text message claiming to know Obama's running mate or as major as "Big Foot."

Two Georgia men got carried away. They claimed to have found a Bigfoot corpse.
Tom Biscardi, a leader in the group "Searching for Big Foot" apparently fell for the gag. So did many others who watched their t.v. sets awaiting the evidence. However, after a press conference and DNA examination, the men behind the discovery admitted it was "just a hoax, just a big joke." Matt Whitton was one of the pranksters. His claim had instant credibility because he was a police officer. Now he is an ex police officer! The other man Rick Dyer publicly announced that Big Foot "does not exist." While the men likely regret the consequences of their joke, was their five minutes of fame worth it? Only time will tell. Watch to see if there will be a talk show tour and possible movie and/or book deals. If there are such perks, might we be sending the wrong message?

Friday, August 22, 2008

Ryan McDonald Gunned Down By Fellow Student Jamar Siler?

Ryan McDonald, was just a sophomore at Central High school in Tennessee. He lived with his grandmother and suffered from alopecia which has caused him to be bald since age 3. As you can imagine, during the course of his school days he had been a target of much teasing. At 8:00 a.m in the cafeteria, the teasing came to an end as Ryan died from gunshot wounds. Chad Griffin, 15, and Josh Matthews, 14, were close to Ryan when he was shot. Ryan was apparently shot in the abdomen, took a few steps and then fell to the floor. Deputy Chief Bill Roehl reported that a 15 year old suspect identified as Jamar Siler was taken into custody six minutes after the shooting. According to Knox County School System Superintendent, Jim McIntyre, the victim and the suspect were acquaintances. (It is believed that they were classmates.)

Apparently, Jamar Siler, age 15, has been charged with one count of first-degree murder. Siler is being held in a juvenile detention facility without bond. Siler is represented by Mark Stephens, a public defender. After the shooting, the 1,400 student school was placed on lock down and then classes were dismissed. Students were bused to a nearby church where there parents picked them up. The school was scheduled to reopen today with counseling classes available for students. Official explanation of what happened link.

Thursday, August 21, 2008

Does Edward Duncan III Deserve Death For What He Did To Dylan Groene And His Family?

Joseph Edward Duncan III stalked the Groene family and killed four members of the Groene household. Should anything else matter at his trial? Duncan tortured and shot Dylan Groene, a 9 year old child. Testimony from a medical doctor indicated that the boy might have survived the shot to the abdomen had he been timely taken to the hospital. Should that matter when considering whether Duncan deserves the death penalty?

According to a witness, Joseph Edward Duncan III shot the child in the head after accidentally shooting him in the stomach. Dr. Sharon Cooper, a forensic physician, testified the abdominal wound would have produced excruciating pain. The boy's sister, Shasta, described the gruesome physical description of the wound. While Duncan may have had time to get Dylan Groene to a hospital, so what! A videotaped interview of Shasta Groene, 8 , described how she and her brother were raped by Duncan. In December, Duncan pleaded guilty to the 2005 kidnapping of the Coeur d'Alene-area children and the murder of the boy. Duncan also pleaded guilty to murdering the family members.

The children were kidnapped in May 2005. Duncan killed Brenda Groene (their mother); Slade Groene (their 13-year-old brother); and Mark McKenzie (their mother's fiance.)
Duncan, acting as his own attorney in the sentencing phase, suggested in cross-examining Cooper that the girl was exaggerating her brother's injury.

Is this another example of how prison reform fails? Duncan has a history of arrests and convictions which include rape and molestation. He also a suspect in the murder of two half-sisters from Seattle in 1996 and a 1997 murder of a young boy in Riverside County, California.



Are we at the point where we can officially declare attempts at prison reform to be a dead issue?

Update 8-25-08: On Friday a federal jury found Joseph Edward Duncan III eligible for the death penalty for the 2005 kidnapping, torture and murder of 9-year-old Dylan Groene.

Wednesday, August 20, 2008

Public Scare Associating Tap Water With Type Two Diabetes is Premature

Science can be scary. Especially when it is misleading and has the potential to create panic. Recently, type 2 diabetes has been linked to low-level arsenic possibly from drinking water.
Arsenic can get into the drinking water because of pollution associated with the burning of coal or copper smelting. But it can also get into drinking water when certain minerals naturally dissolve. Before anyone stops drinking the water, much more research needs to be conducted. This study of 788 adults authored by Dr. Ana Navas-Acien of John Hopkins Bloomberg School of Public Health in Baltimore simply found that the risk of diabetes in people with low arsenic concentrations in their urine was four times greater than people with lower arsenic levels. While foreign research suggests a link between high levels of arsenic in drinking water with diabetes, this is one of the first studies to suggest a similar correlation with low arsenic levels. (See August 2008 Journal of the American Medical Association.)

Dr. Navas-Acien apparently will start a new study involving 4,000 people. So should we stop drinking tap water? Typically, most public utilities filter tap water to remove arsenic. Also keep in mind that most sea food contains nontoxic organic arsenic. Research suggests that people with type 2 diabetes had 26 percent higher inorganic arsenic levels than people without type 2 diabetes. One hypothesis is that arsenic in general impairs insulin secretion.
Molly Kile, a scientist at the Harvard School of Public Health, wrote an editorial in the journal
in which she explained that urinary arsenic can come from "air, water and food. Kile cautions against a rush to adopt drinking water standards as a result of the study. Kile also correctly points out that diabetes may changes the way people metabolize arsenic. In other words, perhaps people with diabetes simply excrete more arsenic.

The current United States arsenic standards for tap water is 10 parts per billion as of 2001. Public utilities were to comply by 2006. Most of the data was taken in 2003 and 2004 before the lower arsenic standards were required to be implemented. After talking to Surfer Dude, our guest intellectual, he has the following advice:

"Whether you surf in sea water or tap water, it is a good idea not to wipe out and swallow too much water because if you do you will wind up with a belly ache." If another famous surfer, Todd Endris , comes around, perhaps he will add his thoughts about why surfers feel tap water is safer then sea water. One can only suspect it is because there are typically less sharks in tap water.

Tuesday, August 19, 2008

Cheer Leading Is Hazardous to A Parent's Health!

Mixed emotions accompanied my daughter to her first day of junior high as a cheerleader. So why the long face? Oh sure, the uniform looks sharp and one can only imagine how it will boost her popularity and her junior high experience. Yet, one trained in the law can not help but question whether her new found status could end up a danger to her health. Is this an overreaction as J.F., an ex-cheerleader might suggest?

Law teaches logic and reasoning. Consequently legal minds are guided by probability and statistics. What do statistics show? Cheer leading is the most dangerous female sport. It accounts for as much as two-thirds of severe school-sports injuries over the past 25 years. Despite the danger, cheer leading is one of the least-regulated school activities. With over 95,000 high school girls participating in cheer this year, a question remains as to how the activity can be enjoyed safely? Keep in mind, sometimes these injuries are very severe. For example, the University of North Carolina's National Center for Catastrophic Sports Injury Research (NCCSI) reports 67 fatal or life-threatening injuries due to cheer leading since 1982. (Compare that to the dangerous sport of gymnastics which reported only nine catastrophic injuries.) Just how serious is the danger? Cheerleaders suffered more injuries than all other school athletes combined! In fact, cheer leading injuries accounted for 65% of all severe injuries on the high school level. In college it is even worse with cheer leading injuries accounting for 67% of all serious injuries.

The potential danger is getting worse. Cheerleaders who consider themselves athletes are often willing to take greater risks. Currently there are no regulations that require the reporting and accumulation of data concerning cheer leading injuries. In the 1980s, most schools eliminated gymnastics teams due to high liability costs. However, in cheer leading, sideline routines often involve the same type of high-flying acrobatics banned in gymnastics. Furthermore, to make the cheer squad gets more competitive each year as girls start cheer training at younger ages. Parents pay ridiculous sums of money in order to maximize their daughter chance to make the squad. Elite touring squads may even compete year-round.

Is cheer an activity or a sport? If it is a sport, why is it so important that they wear such short skirts? Does it matter? Some day it may make a difference as to safety regulations. While 20 states recognize cheer leading as a sport, it remains mostly unregulated. In Massachusetts legislation is contemplated to requiring specific rules and regulations to be promulgated for cheer training and competition. Massachusetts experienced two cheer leading fatalities: In 2005, Ashley Burns, a 14-year-old from Medford, Mass., died after being thrown into the air and landing on her stomach, causing her spleen to rupture. In 2008, 20-year-old Lauren Chang, died after being kicked in the chest. competition.

Jessica Smith is a spokesman for NCSF. She fell 15 feet while cheering for Sacramento City College when a teammate who was supposed to catch her lost his balance. Smith broke her back in two places. The first step in safety may be to get more coaches certified in safety. Only 30% of the 70,000 cheer leading coaches in the U.S. are currently certified by the American Association of Cheerleading Coaches and Administrators. Certification includes discussions of both legal and medical issues. Spirit organizations have begun to issue some safety guidelines. But such guidelines are almost never mandatory. So what is a dad to do? Smile and take a photo of of the new cheerleader heading off to school in her uniform and hope all of the athletic events for the year are cancelled due to inclement weather.

Monday, August 18, 2008

Mindy Daffern Abducted And Killed By Wallace Bowman Jr.?

Mindy Daffern, 46, was abducted from her family's store at which she worked. After having been missing since Friday, her body has been discovered near Sunset, Texas in Montague County. Surveillance camera videotape showed her abducted at gunpoint by an unmasked man. Wallace Bowman Jr. is the man suspected in her abduction and death. Bowman led police to Daffern's body on Saturday.
Wallace Bowman Jr., 30, faces charges of aggravated robbery, kidnapping and capital murder. Bail has been set at $3 million.

Video of the kidnapping can be seen here:Daffern's kidnapping.
The abductor left in a sport utility vehicle. The abductor seemed oblivious to security cameras and his face obviously helped police identify him. The SUV was discovered at a motel 40 miles away. When apprehended, Bowman was unarmed. In 1996, Bowman was placed on probation for burglary. In 1997 Bowman was sentenced to seven years for aggravated sexual assault. Upon his release in 2004, Bowman apparently failed to register as a sex offender.
Update 11-24-09: Defense attorneys in the capital murder cases against Wallace Bowman Jr. filed for a change of venue. District Attorney Jack McGaughey did not oppose the motion.
The 32-year-old Bowman was indicted for capital murder in the death of Melinda Daffern, a 46-year-old store clerk in Scotland. Bowman is also charged in the murders of James and Karen Frances, whose bodies were found in their home. Bowman also faces a charge of burglary for allegedly taking a gun from the mobile home of James Carsley. Additional charges of kidnapping and robbery are filed in Archer County. Bowman is represented by Joetta Keene of Arlington. The trial is scheduled for March 2010. Prosecutors have not decided on whether to request the death penalty. Keene is a death penalty certified lawyer.
District Judge Roger Towery will ultimately decide where the trial will take place.
Update 5-10-10: Chris Whitaker has updated us at to the case. Apparently the defendant entered a plea agreement and has been spared his life. See Chris comment below for details. Again our deepest sympathy to the family of Mindy.

Friday, August 15, 2008

A Story of John Edwards and Rielle Hunter That Will Likely Never Be Written Update 5-31-12

Photo Courtesy of Washington Post
Q: Does Legal Pub have some relationship with John Edwards?

A: No.

Q: Then why has Legal Pub avoided doing a story on the affair?

A: One will be written; however, it appears to be more of a personal issue then a legal issue.

Q: When?

A: Perhaps soon. But again, you may not like what it is written. Again, it appears more of a personal issue then a legal issue. So if a story would be written, it would go something like this:

It is hard to avoid reading something about John Edwards' political action committee allegedly paying Rielle Hunter a lot of money. ($100,000!) But what is the big deal? Political action committees pay independent contractors to make campaign videos all the time? Granted, what complicates this case is that Rielle Hunter is attractive and is alleged to be John Edward's girl friend. (For those taking notes, admittedly, girlfriends are generally taboo for married politicians.) But that alone does not mean anything illegal occurred. Fine, another source of controversy may be that Rielle was paid an additional $14,000 after she stopped working for the campaign. But there is an explanation. The $14,000 was in exchange for 100 hours of unused campaign videotape. The $14,000 payment was apparently made in April of 2007. But again, this may be just compensation. The $14,000 was paid a few months before the third complication. Specifically, sometime after the $14,000 payment, Edwards' chief fundraiser (Fred Baron) began sending money to Rielle. While this may invoke scrutiny, this in and of itself is not illegal if campaign funds were not used. If it is legitimate compensation, then it may still possibly be appropriate; however, the analysis becomes more complicated. The fourth complication is that Rielle Hunter was pregnant during the time Baron made payments to Rielle. Again, while this makes for interesting press, the baby is apparently not John Edward's child. So why is this public business?

So what shame does Edwards deserve? Edwards has already publicly acknowledged he had an affair in 2006 with Rielle. Obviously, the public humiliation and the effect on his family is real punishment. While morality may be an issue, no laws were broken. Edwards denied any knowledge of the payments by Fred Baron to Rielle. (If the $14,000 payment to Rielle came from Edwards' OneAmerica political action committee fund, those expenditures would be governed by U.S. election laws. Knowingly converting money from a political action committee for personal use could be wrong but to date there is no such evidence. Furthermore, the $14,000 paid to Rielle Hunter could be legitimate compensation for the 100 hours of videotape excerpts that were not part of four short Web videos she had produced in 2006. One can not jump to the conclusion that the political action committee was paying Rielle to be quiet about the affair. The compensation may have been totally appropriate and legal.)
On August 8, 2008, Edwards publicly explained that he ended the affair and confessed to his wife Elizabeth in 2006. While Hunter appeared at campaign events in the final days of December, that does not mean that the affair continued. Rielle was reportedly present at his formal campaign announcement in New Orleans. Edwards and Hunter spent time together in 2006, traveling the world and the country but that does not necessarily mean that the affair continued.

Senator Edwards apparently has no plans to publicly discuss the affair. Understandably, he needs to work on repairing his family. Edwards denies that Hunter was paid to cover up the affair. There is no reason not to take Edwards at his word. Edwards did not know Baron sent money to her. The father of the baby is apparently not Edwards. Another Edwards staffer claimed to be the father of Hunter's daughter who was born in February 2008. A child does not choose its parents and there is no reason for the child to be the subject of public scrutiny.
Baron has explained that no campaign funds were used to make any illegal payments. Hunter apparently was not working for the campaign when Baron started giving her money. John Edwards and Elizabeth Edwards were apparently not aware that Baron was sending the funds. Condone Senator Edward's morals if you like, but don't accuse him of crimes that have not been committed.

Senator Edwards, while your conduct is disappointing, you deserve fair treatment. There is no evidence that you committed any legal offense. Your adultery is best left for you, your wife, your family and for God to judge outside the presence of public scrutiny. Good luck. You are likely going to need it.

Q: I see. My advice to you is don't bother writing the article. It is not what people want to hear.

A: Oh, I see...

Update 5-14-2012:   How about this instead? Rielle Hunter's employment not only cost Senator Edwards the Vice Presidential candidacy, he is now on trial with a possibility of serving jail time.  How could this all come to pass?  Well, despite Hunter's lack of film making experience, she secured a $250,000 contract to make a series of behind-the-scenes documentaries from the campaign trail. While Edwards' aides criticized her work as unprofessional, the job gave Hunter a reason to travel with the candidate while his wife was home in North Carolina fighting breast cancer. When Elizabeth Edwards learned of the affair, Hunter lost her job. But Edwards and his mistress continued to meet on the campaign trail. In the summer of 2007, Rielle became pregnant. 
As Hunter's belly grew, so did the maliciousness of the tabloid reporters.   Hunter tried to hide in North Carolina by moving in with one of Edwards' most loyal aides, Andrew Young.  Within weeks, the Youngs set up Hunter in a $2,700-a-month rental home not far from the Edwards estate. As Edward's child became a reality so did charges for improper use of campaign funds.  Now, Edwards is involved in the trial of the century.
Update 5-31-2012:  John Edwards has been found not guilty on count 3 in the trial on whether the 2008 presidential candidate violated campaign finance laws. The judge has declared a mistrial on the remaining five counts. This means Edwards was found not guilty on the charge involving the contributions from Mellon.

Thursday, August 14, 2008

David Onstott Whispers May Never Be Heard In Trial Concerning Sarah Lunde's Murder

A seasoned old trial attorney once told me on the court house steps, "Beware of jailhouse confessions." Many years later I still struggle to understand the full implications of his wisdom. However, the advice is probably just as applicable to the defense as it is to the prosecution. Take David Lee Onstott as an example. Jurors may soon hear an alleged taped conversation in which David Lee Onstott seems to whisper "I killed her." The conversation was with his mother and Onstott's dispute the validity and authenticity of the tape.

For those keeping score, David Onstott is the 40 year old man charged with attempted sexual battery and first-degree murder of 13 year-old Sarah Lunde. Lunde was murdered in 2005.
The tape is close to inaudible. If Onstott's attorney selected a jury with hearing difficulties, the tape may be worthless. We know his attorney claims that his client never made the statement. Perhaps he is right. Prosecutor Sean Keefe apparently disagrees.

The prosecution theorizes that Onstott came to the house looking for his girl friend (Sarah's mother.) Sarah's mom was not home and for some reason the suspect allegedly strangled the teen. Sarah was found a week later in an abandoned fish pond near her home south of Tampa.

Without the tape, the prosecution's case appears weak. There appears to be no physical or forensic evidence linking Onstott to the murder. A beer bottle that might link hold clues to the murder has apparently not been found.

Onstott's attorney is represented by attorney John Skye. Skye has told the jury "...that somebody did commit homicide on her, and it had nothing to do with David Onstott." Keep in mind there is a difference between facts and evidence. A taped statement in which Onstott allegedly confessed was ruled inadmissible because Onstott was not given access to an attorney. (Keep in mind readers, improper means never justify the end!)
If convicted of first-degree murder, Onstott would likely be sentenced to life in prison. The jury will not know that Onstott was convicted of sexual battery in 1995 as that would be too prejudicial. One could argue that Onstott has not gotten all of the breaks. For example, his arrest may have been influenced in some degree by the highly publicized rape and murder of 9-year-old Jessica Lunsford by John Couey, a convicted sex offender in Florida. Couey was convicted last year and is on death row. Whether that has any real effect on Onstott's trial is yet to be determined.
As always, all suspects are presumed to be innocent unless otherwise convicted.

Wednesday, August 13, 2008

Ms. Calabaza Discovers Curtis Wolfe's Attorney Referral Site

Ms. Calabaza discovered an interesting article about attorney selection and advertising. Attorney Curtis Wolfe wants to improve the way lawyers advertise on the Web. Wolfe claims that even though he practices law, he found it difficult to refer a friend to a divorce attorney. He theorizes that it is difficult for ordinary people to find lawyers. Wolfe claims that sites like can be difficult to use. Limited research on the subject reveals that lawyers sometimes use search-engine optimization and marketing to improve their rank on Wolfe apparently thinks there is a better way for the public to find a lawyer. As a result, he has apparently created a site:"" The site is free for users but apparently not for lawyers whose names appear. Legal Pub suspects that the lawyer who pays the most to be shown for a particular specialty probably gets his name on the top of that list. (Curtis Wolfe is welcome to comment and explain how the system works.)

Experts like Ari L. Kaplan believe that if Wolfe can prove the value in his site, lawyers will gladly pay to be listed. LINK In general, Legal Pub, is not a big fan of lawyer advertising. In the ideal world, lawyers recommendations would be on the basis of client reviews or some sort of objective ranking system. But advertising is here to stay. For those using the link, good luck and let us know how well the referral worked out for you.

(Legal Pub neither endorses nor criticizes the service provided by Curtis Wolfe and welcomes comments from Judges, Attorneys and the public on this site.)

Tuesday, August 12, 2008

Feelings of Winning Can Be Equal To Pleasures of Sex, But At What Costs?

Experts says sex sells. But can merely performing stimulating activities such as reading Legal Pub generate the same feelings? Researchers say yes. Scientists report that some nonsexual things can get our brains the same pleasure as sex. For example, according to experts at Baylor College of Medicine, a baby's smile can activate a region in the mother's brain which produces feelings of euphoria. Similar findings have been reported associated with the euphoria of winning. Not surprisingly, the same can be said of having money! Japanese researchers have attempted to scientifically link money to pleasure centers in the brain. While intuitively it makes sense that getting a raise or promotion at work generates pleasure, hard earned dollars are being spent to prove the relationship.

Anecdotal British research suggests that shopping can also stimulate feelings of pleasure. MindLab International (sponsored by retailer T.J. Maxx) correlates shopping with a euphoric experience similar to kissing. The study suggested that women who were shopping experienced elevated heart rates up to 192 beats per minute while shopping. (This may not only replace the need for sex, but the need for exercise as well!) CNN LINK

Even without such studies, it has long been understood that winning can generate the type of euphoria. But it is, perhaps, only in hindsight, that the costs of those feelings of victory are truely known. For example, in the 1980s, Heidi Krieger won medal after medals for East Germany in the shot put. Krieger claims her body changed into a man after ingesting steroids that coaches said were vitamins. Krieger is now a man and has been renamed Andreas Krieger after a sex change operation in 1997. He claims that he was fed so many steroids by coaches that he suffered physical and emotional problems. Krieger became attracted to women and felt like a man. After her operation, she became a man. Watch Krieger Body Changes. Kriegeris now married and runs an army surplus store.

Steroids in athletics may soon be past history. Speculation is that growth hormone has for the most part taken the place of steroids. Next on the horizon will be performance enhancing gene therapy. If gene therapy becomes a reality, then the pressure to win will have succeeded in conquering man kind. Will such tainted victory still produce the euphoric pleasure that has come to replace sex in a sterile society?

Monday, August 11, 2008

Brenda Bouschet Charged With Child Abuse For Letting Child Hang Out of Sunroof In Parking Lot? ~by Legal Pub Update 5-25-11

What constitutes child abuse? Is there such a thing as unlawful grand parenting. Can there be such a thing as just too much fun? In Marathon, Florida, Brenda Bouschet, a 54 year-old grandmother, was arrested for child abuse concerning her 3 year old granddaughter. Her offense? She was caught driving around the parking lot of a grocery store with her granddaughter sitting on the roof of the car. Monroe County Sheriff's Office deputies responded to a complaint at the Publix store and busted the 54-year-old woman. The grandmother was jailed for about 15 hours. In her defense, the child's grandmother explained that she was driving at "snail-speed" and holding the child's leg. Is it illegal to just give a child some air? It depends how you do it. Was this bad judgment? Yes. Was this an example of letting a child have too much fun? Probably. Was it an over reaction by local police? As the facts develop, it appears to be an over reaction. Especially when you consider the police handcuffed her and took her to jail for over 15 hours.

Perhaps more disturbing, not only did it cost her over 15 hours of her life, it also ruined the family vacation. (Family vacations are not to be taken for granted in these busy, economically difficult times. I know J.F. you never thought you would read that at Legal Pub.)

Now before you all say Legal Pub is getting soft on crime, consider some more facts. Brenda Bouschet was on a two week family vacation. They were in the Publix parking lot in Marathon.
Grandma was entertaining her 3-year-old granddaughter who was being held up through the sunroof while grandma slowly drove around in the parking lot. Other shoppers apparently found this behavior alarming and called the Monroe County Sheriff. The sheriffs report (apparently the basis of stories in mainstream media) omitted the fact that the child was in the sunroof of the 2006 Lexus. Perhaps another omitted fact is that Brenda's adult daughter was apparently in the back seat holding the child. Bouschet denies acting irresponsibly and says she never endangered her grandchild.

Bouschet is no dummy. She is a nurse. While she may have used bad judgment, it does not appear that she actually endangered the child. The family had been out fishing. The car load was waiting for two of their party shopped in Publix. Bouschet apparently opened the windows and the sunroof to cool off the car. Her granddaughter was allowed to stand up in the open sunroof. The car was moving very slow. Folks, not too long ago, children regularly road at high way speeds in the back of pickup trucks. While grandma may not have exercised the best judgement, the legal system has bigger fish to fry then Brenda Bouschet.

Regardless of Legal Pub's analysis, Brenda Bouschet faces charges of child abuse. The granddaughter is back with her mom; however, one can suspect that there will be increased scrutiny to make sure no "do not remove tags" are taken off of pillows in the household.

Update 5-25-11: Once again Legal Pub is proud to present an exclusive update. Comment 30 is Brenda Bouschet's update. One can not help but feel that this unfortunate Grandma had the extreme misfortune of being made an example. Brenda, hope you can make the best of this bad experience.

Friday, August 8, 2008

Blond Bombshell's Guideline For Determining When It Is Time To Dump Your Boyfriend? ~by Shell

The process starts with a trip down memory lane. Ladies, do you remember when the sound of your boyfriend's name sent your heart skipping? The mere sound of his youthful voice on the phone caused butterflies to dance in your stomach. If by chance his hand brushed your arm or leg, your heart pounded sending a flush feeling of purpose into your entire being. But after these feelings leave (usually about 48 hours) you realize that maybe he not the one. (Unless of course you fancy a childish pig.) So how do you know when it is time to dump him? Once again, Shell comes to the rescue with her handy checklist. If the answer to one or more of these questions is yes, send that little cowboy galluping into the sunset.

1. Would you rather stay home and work instead of vacationing with your significant other?

2. Have the butterflies in your stomach turned to mad hornets?

3. Is the relationship more trouble then its worth? (Cost benefit analysis for all you egg head types. If costs outweigh benefits, cut your losses and send that gunslinger packing.)
4. After a conversation with your significant other, do you forget what he attempted to say using those one syllable words he calls a vocabulary?
5. During an argument do you sometimes wonder what he might look like after his arms and legs were painfully torn out of the sockets by a hungry grizzly bear?
6. Do you find yourself looking for a straighter shooter on the internet?
7. Do his compliment consist of telling you how similar you are to his mommy?

8. Do the two of you cry more often than you laugh?

9. Does he have to be reminded to share his toys with you?
10. Does he expect you to pick up his things for him?
11. Do you secretly find yourself wishing that your man would lose his teddy bear?
12. Do you find your self humming him old bedtime songs like, "...a good day doesn't have any rain, a bad day is when I lie in bed and dream of things that might have been?"
With the success of invitro fertilization, LINK, a relationship with a man is no longer a prerequisite to having children. Likewise, women can sell their eggs to couples for $3000 to $7,000. LINK. Consequently, women can afford to be choosy when selecting their relationships. The days of needing a man for Aunt Barbies wedding are over. The biological time clock no longer ticks very loud since invitro fertilization is so successful. So girls, if your man is still childish and selfish, don't feel the need to wait for him to grow up. Wipe that grin off his face by giving him a boot in the rear an let him rock off into the sunset.

Thursday, August 7, 2008

Paris Hilton Shows That Intelligence Can Be Hot While Morgan Freeman's Injury May Be Proof That Divorce Can Be Harmful To One's Health

Has Paris Hilton been hanging out at Legal Pub? In her rebuttal of Presidential candidate John McCain she sounded very intelligent. In fact, she made more sense then Obama and McCain combined. Paris, good for you. Intelligence "is hot!" Keep up the improvements and perhaps some day you will be elected to public office as you already sound the part. (The bikini, by the way, was also a nice visual aid.) Secret has posted the video on her blog: LINK

Is Morgan Freeman another example of why divorce can be harmful to your health? Despite 24 years of marriage, Freeman and his wife, Myrna Colley-Lee, are apparently divorcing. The 71 year-old Freeman is currently hospitalized in serious condition after a one car accident. He apparently broke his arm, elbow and injured his shoulder in Sundays accident. Morgan Freeman was driving a 1997 Maxima belonging to 48 year old Demaris Meyer at the time of the accident. The car apparently flipped at least twice. Freeman is represented by Bill Luckett who told the Memphis Commercial-Appeal newspaper about the pending divorce.

Demaris Meyer apparently was not injured as severely as Freeman. Morgan Freeman won an
Oscar in "Million Dollar Baby." He has also been in "Driving Miss Daisey" and "The Bucket List."

Wednesday, August 6, 2008

2001 Anthrax Cases Officially Solved But Controversy Concerning Bruce Ivins Continues? Marc Keyser Arrested In Unrelated Hoax.

The 2001 anthrax case is officially solved but the controversy will remain. Officials apparently conclude government researcher Bruce Ivins, was the culprit behind the anthrax killings but not everyone agrees. Ivins apparently took his own life last week. Even though the case is officially solved, it will remain open because administrative details remain incomplete.

The FBI is expected to share the evidence against Ivins with survivors and relatives of victims some time soon. Maureen Stevens, the widow of Bob Stevens, the first anthrax victim in 2001 plans to attend the briefing. The evidence against Ivins is believed to include information that in the fall of 2001, Ivins borrowed a machine that may have been capable of converting wet anthrax into dry powder. Lyophilizers machines are not generally used where Ivins worked. (However, this alone does not prove guilt as experts such as Peter Hotez and Richard Spertzel do not believe this machine was necessarily used to create powdered anthrax. In fact, Spertzel believes a more advanced machine would have been needed to produce the powder.)

Besides the machine, there may be DNA evidence linking Ivins to the anthrax attacks. DNA links ? In the scientific community, the case against Ivins is not considered to be strong. Keep in mind, the 2001 mailings of anthrax killed five people and sickened more than a dozen others. AT the time the securtity of our country security was in jeopardy. Was Ivins used as a scapegoat in order to reassure the public and bring closure? It may be hard to tell. Ivins died on July 27 from an apparent suicide attempt two days earlier. Ivins was never publicly charged with any crime. Yet he became a suspect after investigators apparently found DNA evidence from the 2001 anthrax mailings on a flask in his laboratory. Ivins had worked for the bio defense lab at Fort Detrick, where he was trying to develop a better anthrax vaccine. Speculation existed as to whether anthrax was released in order to test a vaccine. Some anthrax-laced letters contained the words, "Take penacilin (sic) now," according to FBI photographs.

Ivins should always be considered innocent because he was never confessed nor was he ever convicted. While the 62-year-old Ivins had been accused by a social worker of harassment and stalking, Ivins apparently had no violence related convictions. Steven Hatfill, another government scientist, had been mistakenly considered a "person of interest" in the anthrax incidents. Hatfill was never charged with any crime. Hatfill actually sued the Department of Justice for false accusation and the case was apparently settled in June. Like Hatfill, perhaps Ivins was also falsely accused. Unfortunately, we may never know for sure because Ivins is not able to testify on his own behalf. In the mean time, the mail must go on.
Update 9-25-08: For those interested, Bruce Ivins, who the government claims killed himself prior to the Justice Department charging him in the anthrax cases, allegedly sent himself the following email last September: "Yes! Yes! Yes!!!!!!! I finally know who mailed the anthrax letters in the fall of 2001. I've pieced it together! Now we can finally get this over and done with."

It also says that he plans on turning information over to his lawyer and that his lawyer would then give it to authorities. The e-mail does not identify the responsible party. The email goes on to say: "I'm not looking forward to everybody getting dragged through the mud, but at least it will be over," the e-mail reads. "Finally! I should have it TOTALLY nailed down within the month. I should have been a private eye!!!!" Perhaps it would have been best had Bruce been a postal inspector because as of today, the controversy continues...
10-30-08 Unrelated: Marc M. Keyser, 66, allegedly sent more than 120 envelopes containing a compact disc that had a packet of sugar labeled "Anthrax Sample" along with a biohazard symbol. The CD was titled "Anthrax: Shock & Awe Terror." Keyser was taken into custody from his home in Sacramento on three counts of sending a hoax letter. None of the packets tested positive for hazardous material.

Monday, August 4, 2008

Does Darrell Johnson Turning Up Alive 30 Years After Being Presumed Dead Provide Hope That Stacy Peterson Is Still Alive?

For those believing that Stacy Peterson is still alive, another example of why society should not rush to conclusions may have surfaced. Specifically, a man, presumed to have been dead for thirty years, has turned up a live. No, this is not the story of John Darwin who turned up five years after he was thought to have died. Rather, this is Darrell Johnson, a man believed to have died in a Colorado flood in 1976. Johnson has turned up alive and well in Oklahoma.

The 63 year-old Johnson did not know he had been counted among the 144 victims of the 1976 Big Thompson Canyon flood. Apparently, Johnson and his family had left their cabin just a few hours before the resort was washed away. How Johnson actually ended up on the victims list remains a mystery. Ironically, Johnson now directs funerals in Oklahoma City.

As for the latest in the Drew Peterson saga, Peterson's attorney had a partial victory on the gun charge. See 7-31-08 update In essence, it appears attorney Brodsky was apparently correct when he argued that federal law protected Drew against the weapons charge. While charges remain, the court's findings make it seem improbable that the State can maintain its burden of proof at trial. As for the telephone taping of Peterson, Legal Pub has been attempting to get the defenses side of the recordings. From what was shared, it is clear that Joel Brodsky is not pleased with how the recordings were created.

L.P.: How about a status report on the so called confidential informants?

Brodsky: If in fact Len Wawczak and Paula Stark are undercover informants who wore an eavesdropping device on Drew Peterson with the approval of the Illinois State Police (ISP), there is one thing that is unforgivably outrageous about this. I am not worried about the contents of the recordings because (A) Drew is innocent and therefore has nothing incriminating to say, and (B) I suspected Wawczak and Stark were working for the ISP for some time, (especially after the revolver Drew legally transferred to them turned up in the hands of the ISP). What is highly disturbing is how the ISP has allowed Drew's children to be severely damaged by the behavior of these informants.

Wire wearing undercover informants are typically closely monitored. Their tapes are reviewed constantly, and they are debriefed on a regular basis so the police can know what they are doing, approve, correct, and direct their behavior. The ISP knowingly allowed, or perhaps even directed, Wawczak and Stark to become close with the Peterson children; Tom (15), Chris (13), Anthony (4) and Lacy (3). These innocent children became very attached to Wawczak and Stark. Lacy, who needs female attention, became particularly attached to, and even loved, Paula Stark. The boys also became quite close with Len Wawczak, whose immature and sophomoric behavior is particularly appealing to the teenage boys. Now these children have to be told that it was all an act. Wawczak and Stark really didn't love them, they were pretending. Worse they were pretending in order to trap their father, who they dearly love, in order to take him away from them. When Lacy, the beautiful 3 year old, asks for Paula, what can Drew tell her? When he tells Lacy that she won't be able to see Stark again, what will happen to that little girl? Her heart will break. When she learns that Stark was only around to work with the police to try to take her daddy away, what will she think? What about the boys. How will they ever be able to trust anyone again when they discover that Wawczak was not really interested in them, but only came around so often to work for the police who are after their dad. The children will be psychologically scarred for life because of what Wawczak and Stark did, apparently with the blessing, support, help, and encouragement of the Illinois State Police. What happened here is nothing less than the state sponsored psychological torture of these children.

By law Drew has to be notified that he was being recorded shortly after the eavesdropping ends. Therefore the ISP had to know that the relationship that they were allowing, and encouraging, Wawczak and Stark to establish with the Peterson children would end in this manner. Yet they allowed this to continue, and made no provision to minimize the extreme collateral damage to the children psychological health. What were they thinking? And the question has to be asked, are there any limits to what is acceptable in the Drew Peterson investigation? Are there any limits, no matter who is hurt and what means are used? Do the ends always justify the means, even when the means leave small children with permanent psychological scars? ...

Friday, August 1, 2008

Anton Dunn A Suspect In Baby Food Internet Fraud?

How stupid is racism? Sometimes it appears beyond imagination. Let's sincerely hope that the allegations against Anton Dunn are false. Anton Dunn is accused of posting on the Internet three videos in which someone looking like him threatens poisoning of baby food. Fortunately, Gerber Products Co. and the Food and Drug Administration have found no evidence of tampering with any Gerber products. Second, authorities believe Anton Dunn was responsible for the videos where he supposedly "boasted about the poisonings and said he could not be caught."
Anton Dunn is a 42 year old New Yorker who should have long been "done" with childhood pranks. Dunn was charged with sending threats in interstate commerce and falsely claiming to have tampered with a consumer product. If convicted he faces up to 10 years in prison. He is represented by attorney Sarah Baumgartel. Gerber (Nestle Nutrition) referred to the incident as a "malicious hoax."

The threats appeared on video entitled "gerbersbabyfoodalert" on YouTube.
In the video, a man in a shower stall identified as "Trashman" claimed Gerber employees at his direction had poisoned bottles of baby food. Authorities believe the man in the video was Dunn however, a mask partially covering the face was worn in some of the video. The man also claimed he was trying to kill black and Hispanic babies, though white babies although white babies may also die. According to the video, "Our main reason for doing this is we're trying to cut down on the black population," What makes this whole story even more bizarre is that Dunn is a person of color who should know the evil of racism. Let us sincerely pray that Dunn is innocent (as he is presumed to be) and that whoever created this Internet hoax realizes the stupidity of generating hatred and fear.