Legal Pub

The Unemployed And Abduction Victims Have Begun Fighting Back!

2012-01-23T07:42:00.006-06:00

Today's news contains some silver linings. The number of unemployment claims has dropped to the lowest level since 2008. The number of new jobs created in the U.S. has inched up in the right direction. And, a nine year old girl demonstrates why it is essential that children refuse to be victims. With great bravery, Calysta Cordova avoided a horrible tragedy by escaping her abductor. Consequently, Jose Garcia, 29, is now arrested on charges of allegedly kidnapping the nine year-old girl. KMGH

Calysta Cordova, was snatched Thursday as she walked home from her school in Colorodo. Garicia's truck broke down so he made the Calysta hitchhike with him to a gas station in Colorado Springs. Calysta ceased a moment of opportunity and ran into the station and told an employee to phone her uncle. The attendant say her bruised face and called 911. Calysta refused to go with Garcia and shouted, "I ain't goin' nowhere. I'm waiting right here for my mama."

Apparently Calista had two black eyes and bruises on her cheek. When she shouted in the station, her abductor ran away. Suspect Jose Garcia, 29, was arrested at a bus stop several miles away. He is accused of abducting and abusing the child. Garcia apparently was the girl's next-door neighbor.

The economy and victims starting to fight back is great news. Perhaps 2012 will be a great year after all.

Update 1-24-12: A North Carolina woman has caught the spirit of fighting back. Victoria Alexis Jones was in her home with two small children when 40-year-old Lucio Miranda allegedly broke in. When Miranda refused to leave and was about to grab her, Victoria beat him senseless with a wooden bed post. "...The only thing I knew to do was to protect and defend my family. It just so happened I have an old bed with a solid wood oak post, and it was loose."

This Storing Everything On The Cloud Is Getting Dangerous...

2012-01-19T15:05:00.004-06:00

Storing so much data on the cloud may be getting a bit dangerous. For example, while one may buy an IPAD app, the application just provides a means to access the program which is located on the internet cloud. Most do not realize the limitation of their purchase until they try to use the program when they are out of WiFi range.

The cloud allows the sale of a service as opposed to an actual product. Consequently, there are shared resources, software, and information that is provided to multiple personal users. Cloud computing generally refers to technologies that provide computation, software, data access, and storage services with the end-user not having possession or knowledge of the physical location and configuration of the system that delivers the services. The concept can best be thought of as purchasing a link to another computer which houses the program that you wish to use.

The advantage of cloud computing is that one can access and use a program without taking up valuable hard drive space. In addition, in theory the program being used is screened for viruses before one gains access to the program. The down side is when you are not connected to the internet, you suddenly discover that your smart phone is not quite as bright as you thought.

So just where is the cloud? Well, Virginia, Santa Clara County in the San Francisco Bay Area of California is the most likely bet. Situated in Silicon Valley, the cloud can live among all of the high technology computers. (Shockley Semiconductor Lab was the first to develop silicon semiconductor devices which gave birth to the term " Silicon Valley." Today, large technology companies such as Google, Symantec and Intuit all reside in the area. So next time your child points up to the clouds, correct him and point to the west coast.

We Support The Protest As The Proposed Law Is Too Broad As Written

2012-01-18T07:05:00.003-06:00

Law makers apparently agreed. The bill has been scrapped for now and sent to committee for revamping.

PhoneDog Claims Tweets Are Worth More Than Two Cents`by Elaine Hirsch

2012-01-17T10:03:00.002-06:00

Just how much is a tweet worth? The online world is watching an interesting legal case that raises questions about social media tools, such as Twitter. PhoneDog’s lawsuit, seeks an answer to the question of who owns social media accounts and how much value they provide.

PhoneDog, a popular mobile phone site, hired former employee Noah Kravitz (“Kravitz”) as a product reviewer and video blogger in April 2006. For over 4 1/2 years, Kravitz pushed written and video content to PhoneDog’s users via the Twitter account, “@PhoneDog_Noah.” PhoneDog claims that during the course of Kravitz’s employment, he generated a following of 17,000 Tweeters on the handle “@PhoneDog_Noah.” (PhoneDog v. Kravitz, No. C 11-03474 MEJ (N.D. Cal.)) (Amended Complaint p. 4). While a trivial Twitter account may seem to have no defined value in the business world, MBA Online opines that 73% of US-based companies use social media outlets as a main marketing resource. Twitter accounts, Facebook profiles, and Linkedin pages are potential sources of revenue and their misuse could cost a company millions of dollars.

Kravitz resigned from PhoneDog in October 2010. Eight months later, PhoneDog sued Kravitz, alleging that when he resigned, PhoneDog asked him to stop using the Twitter account “@PhoneDog_Noa” and that Kravitz refused to comply. Instead, he simply changed the handle to “@noahkravitz,” and he apparently continued to use the “@PhoneDog_Noah” Twitter account as a dummy account to prevent others from using it. Furthermore, PhoneDog alleges that Kravitz used the new handle to communicate with the 17,000 followers he generated during his tenure at PhoneDog.

PhoneDog asserts in its lawsuit that the Twitter account name “@PhoneDog_Noah” and the followers who tweeted with Kravitz under this name are the property of PhoneDog. Consequently, PhoneDog claims that Kravitz’s communications with the 17,000 followers are impermissible because such communications constitute misappropriation of trade secrets, interference with prospective economic advantage and conversion. PhoneDog is seeking $340,000 in damages, based on $2.50 a month per follower for eight months.

Kravitz's moved to dismiss the complaint; however, the trial court sustained PhoneDog’s trade secret and conversion claims. The court dismissed the interference claims as “conclusory and failing to meet the plausibility standard.” (Order on Defendant’s Motion to Dismiss Pursuant to FRCP 12(B)(1) AND 12(B)(6) at p. 11). Consequently, two claims: misappropriation of trade secrets and conversion apparently have no merit.

Neither PhoneDog nor Kravitz own the Twitter account “@PhoneDog_Noah.” At best, PhoneDog and Kravitz have a license to use the account. See Twitter's TOS: ("All right, title, and interest in and to the Services . . . are . . . the exclusive property of Twitter and its licensors"). The district court held that it could not decide at this moment who had a property interest in the account. This is understandable, given that this issue was barely touched on in Kravitz’s motion to dismiss, and the brief argument was muddled in subject matter jurisdictional issues.

Second, PhoneDog claims that the 17,000 Tweeters make up a customer list. A customer list under California law is a trade secret when efforts are taken to make the customer list a secret. Cal. Civil Code § 3426.1(d). The “customer list” here is not secret; people sign up on Twitter for free to chat with the reviewers on PhoneDog and other websites. PhoneDog did nothing to compile the list. Consequently, the alleged customer list cannot be misappropriated or converted under California law.

Some novel legal issues could be decided. The 9th Circuit is known for its creativity. Therefore, PhoneDog has a chance of winning, despite what the defense feels is a weak legal position. Could precedent be created in the social media world, as it relates to ownership of social media accounts and the value of of a Twitter follower?

A letter from PhoneDog to its fans indicates that it probably used a cost approach to value the 17,000 Twitter followers at $2.50 each per month. The CEO of PhoneDog stated that it had invested in Kravitz by sending him to trade shows and conferences all over the world and hired PR agencies to increase PhoneDog’s and Kravitz's exposure on media outlets.. PhoneDog appears to think it bought the Twitter followers by virtue of investing in Kravitz. Kravitz thinks PhoneDog could have bought the followers on ebay for a penny each.

Ultimately, PhoneDog bears the burden of proving both liability and damages. Even if PhoneDog is not successful, this case will likely cause employers to take unprecedented measures to preserve ownership over their social media sites.

Editor's note: Elaine Hirsch is affiliated with the MBA Online. Phone Dog's Twitter address is: https://twitter.com/#!/Phonedog.

Captain Francesco Schettino Another Gilligan?

2012-01-16T07:39:00.003-06:00

The captain of the cruise ship that capsized off Tuscany may be no little buddy, but he sure sounds like he made a Gilligan like mistake. Apparently the misguided captain made an unauthorized, unapproved deviation from the ship's programmed course. "Human error" or "Major Screw Up" it still resulted in the grounding of the ship and at least six people dieing.

Costa Crociere chairman and CEO, Pier Luigi Foschi, openly criticized Captain Screw-up who may be charged with manslaughter as well as abandoning ship before passengers were safe. (This is a violation of Italian navigation code.)

The Costa Concordia apparently breached it's hull when it hit a reef Friday night. The ship capsized into the port area of Giglio. 4,200 people on board were evacuated. Coast Guard officials recently suspended the search because the ship was making sounds that might be consistent with shifting on the rocks.

Video inside the ship

Sixteen people remain missing.

Update 1-19-12: Violinist Sandor Feher has been identified as one of the dead. Feher was last seen ready to get into a lifeboat. But for some reason, Feher turned back to get something -- and never returned.

Post Divorce Suggestions ~by Viper

2012-01-09T09:34:00.006-06:00

This article could have been called, "How to Stabilize A War Zone After Divorce." In fact, it was the title until editors vetoed the suggestion. How the title could be any more clear is beyond mere mortal comprehension. Face facts. Divorce is war. Post divorce, the war zone still exists, so the need to demilitarize the area is essential to survival. Legal Pub has a decent proposal to reduce domestic violence. LINK. But here are some practical suggestions to the newly divorced who are still angry at the ex.

Start with the understanding that yes, your ex probably is Satan reincarnated. Yes, your ex deserves to feel your pain. Yes, your ex probably provokes every fight and is responsible for every problem in the world including the national debt. Feel better? Understand, that the reality of the situation is that your angry is a serious obstacle to your own recovery and happiness.

Anger perpetuates an emotional connection to someone who no longer loves you. When a short phone call ruins your day or when you lose your temper because your ex is 15 minutes late, or whenever you vent to a friend, it empowers your ex and destroys your life. How does the vicious circle end? Put it in the past and move on with your life. This requires you to recognize the repetitive pattern of behavior which triggers your adverse response. Once you recognize the stimulus, you can fashion your own response such as a smile and a warm feeling of content that you are no longer married to this person. Once you master this concept, you can then gently steer the conversation back to amicably settling the issue (which usually involves your children. After all, if you don't have common children, there should be little or no interaction with your ex necessary after a divorce.) When discussing matters with your ex, stick to the business at hand. There is no reason to discuss any other topic. Never touch your ex and never use profanity. Think of your ex as an adverse business colleague. Be tough but respectful, stay on topic and absolutely no threats or violence.

Furthermore, want to show your ex what they are missing? Improve yourself both mentally and physically. Get in shape physically. Start a new hobby and make new friends. Develop a pleasant personality, one that is slow to anger and eager to help others. In other words, recreate yourself. There is no better way to prove that you are worthy of respect than becoming a better parent and a better person.

Editor Note: Viper can be found on Vicious Divorce: LINK.

How Many More Amanda Cummings Must Die Before Bullying Is Forever Banned? ~by Legal Pub

2012-01-04T17:54:00.008-06:00

In the past, Legal Pub warned of the dangers of bullying and the need for stricter punishment. LINK. How many victims must die before the problem is finally addressed by the schools and the local authorities? ANSWER BLOWING IN WIND. One thing is certain, 15-year old Amanda Diane Cummings won't be around when the answer becomes apparent. The Staten Island teenager Monday evening after she jumped in front of a bus while carrying a suicide note. The suicide occurred on Hylan Boulevard. Amanda was sophomore at New Dorp High. According to Keith Cummings, Amanda's uncle, she had been bullied by other student. Bullies allegedly stole her jacket, phone, and shoes. Cruel, inappropriate comments were also posted on Amanda's Facebook. Cummings wants to file a lawsuit against the bullies. "Kids can't do this to each other," explained Cummings to the media.

Bullying has become an epidemic in this country. As social websites become more popular, they have become a playground for illegal slander and harmful taunting. According to a 2010 New York Times article, 20% of all teens reported being victims of cyberbullying. Furthermore, 2010 statistics reveal that there are about 2.7 million students being bullied each year by about 2.1 students taking on the roll of the bully. Many states have bullying laws in effect. However, few of the states offer guidance on how to target bullying on the internet. Greater awareness and stricter punishment for bullying of all types may be the only real hope for some deterrence. Will the message be heard? Perhaps the answer is truly blowing in the wind.

Update 1-6-12: And now adults are compounding the problem with excuses. About a month ago a Tennessee teen who was gay, Jacob Roberts, committed suicide after being bullied. Now a proposed Tennessee law could offer bullies protection if they did it in the name of religion. Legislative Protection?

The proposed change would allow students to speak out against homosexuality without punishment if the comments are made because of religious beliefs. The bill is supported by the Family Action Counsel of Tennessee. Family Action.

David Fowler, a former Republican state senator, told the press that the "... purpose is to stop bullying, not create special classes of people who are more important than others." But would such a change in the law create more gay bullying which would lead to more devistating fates such as the one suffered by Jacob Rogers? Jacob Rogers.

Will this send a message that hatred is acceptable? Associated Press.

Walmart Groper Needs To Be Caught And Punished

2011-12-30T12:59:00.003-06:00

Let's give the world a gift for the New Year by helping police apprehend the creep who groped (sexually assaulted) a girl inside a Minnesota Walmart on University Avenue in Fridley. The pervert is around 30 years-old. This guy is so sick, he groped the girl with her mother and a sibling near by. The crime which occurred in the electronics department was captured on security cameras throughout the store. The man stalking the girl for five minutes before he assaulted her.

The suspect is a white male with an average build and sparse facial hair. He was wearing a duck-brown colored hooded jacket and a black stocking hat with red flames. A similar incident might have occurred recently in Roseville. Anyone with information about the crime or the suspect is encouraged to call the Anoka County Sheriff's Office. Let's put this guy behind bars.

Can A Catholic Employer Control An Employee's Personal Life?

2011-12-29T07:57:00.005-06:00

It seems to all come down to whether a Catholic employer can control an employee's personal life; or at least that's how it seems. Christa Dias was a technology coordinator at Holy Family and St. Lawrence Catholic schools in Cincinnati, Ohio. She claims that she was wrongfully terminated because she became pregnant through the utilization of artificial insemination. Fired

The schools position has been less than consistent. Initially, the school reportedly fired Dias for being pregnant while single. They later apparently changed their reason to being pregnant from artificial insemination. Ironically, both reasons are contrary to Catholic teaching as well as her employment contract. But one would have to question how the schools would address the immaculate conception of Mary had she been an employee. (Edit comment)

Dias responded by suing the schools for discrimination. While it is not clear whether her attorneys will argue inconsistencies in theology, perhaps they should. The outcome of the case will likely hinge upon a similar case pending before the U.S. Supreme Court. Case on hold. In the interim, what does the contract say?

In sum, it requires the teacher to "comply with and act consistently in accordance with the stated philosophy and teachings of the Roman Catholic Church and the policies and directives of the School and the Archdiocese."
This becomes problematic when you consider Section 2376 of the Catechism of the Catholic Church which reads:

"The gift of a child"

"Techniques that entail the dissociation of husband and wife, by the intrusion of a person other than the couple – donation of a sperm or ovum, surrogate uterus – are gravely immoral. These techniques – heterologous artificial insemination and fertilization – infringe the child’s right to be born of a father and mother known to him and bound to each other by marriage. They betray the spouses’ ‘right to become a father and a mother only through each other.' "

Defendant schools claim Dias' dismissal was not discriminatory; they contend it is simply because she violated a legal contract. Dias' attorneys; however, argue that the same standards are not enforced on male sperm donors. Furthermore, given that 90% of Catholics have used birth control of one sort or another, one may assume there are teachers that have used birth control. Were such teachers also fired for violating Catholic policy? (Don't even get us started on Priest who bend the rules when it comes to young alter boys...)

The Telegraph claims that Jennifer Cox was fired from Atomic Weapons Establishment in Britain for missing work due to pregnancy. Cox's case will be decided after the new year. Women argue that they want the same freedom that men take for granted. They want the ability to make choices in their personal lives without the risk of being singled out or fired in the work place. On the other hand the employers argue nondiscriminatory reasons for their personnel decisions. In the mean time, Catholic employers might be best suited to make decisions based upon old school theology. After all, wasn't Mary a single woman who became pregnant by unconventional means? Would the board advocate firing the mother of God based on a contractual violation?

Feel free to comment below or Twitter your feelings concerning this controversial case: LINK

Mike Plumadore Arrested In Association With the Murder of Aliahna Lemmon?

2011-12-27T08:10:00.009-06:00

For those concerned about the missing 9-year-old Indiana girl, Aliahna Lemmon, the worst nightmare has come true. Aliahna was found dead in Allen county. Mike Plumadore, a family friend, was watching her before she disappeared. Plumadore was apparently charged yesterday with Aliahna's murder according to Allen County sheriff's spokesman Cpl. Jeremy Tinkel.

Plumadore, had been watching Aliahna and her sisters before she was reported missing late Friday. Apparently, Aliahna and her sisters were staying there because their mother had been sick with the flu. Aliahna's stepfather works at night and sleeps during the day. Plumadore was reportedly a family friend.

Plumadore was not on Indiana's registered sex offenders list. A criminal records search suggests that he has convictions in Florida and North Carolina for trespassing and assault. Emergency workers searched Saturday for Aliahna around the mobile home park, where she was last seen. Search dogs and FBI agents were at the park and the girl's home on Monday. Tarah Souders, 28, told The Journal Gazette that her daughter had vision and hearing problems, attention deficit disorder and night terrors. Plumadore reportedly said that he left the three girls in his mobile home about 6 a.m. Friday in order to buy a cigar. A store's surveillance video confirms his presence at that time.

Plumadore claims that when he got back all three girls were still there. He smoked his cigar and went back to sleep. Plumadore allegedly woke up about 10 a.m. at which time he discovered that his door was unlocked and that Aliahna was missing. Aliahna's 6-year-old sister allegedly told Plumadore that Aliahna had left with her mom. Plumadore claims that he first learned Aliahna was missing after he spoke with her mom about 8:30 p.m. Tarah Souders indicates that miscommunication between the two of them caused the delay in reporting the disappearance.

Contrast the quick arrest in this case to the stagnate April Tinsley case. LINK.

Update Afternoon: Plumadore allegedly confessed to bludgeoning the 9-year-old girl to death with a brick. He then dismembered her, hiding her head, hands and feet at his home and dumping the rest of her remains nearby. A police affidavit further indicates that Michael Plumadore killed Aliahna Lemmon on Thursday.

It should be noted that charging does not amount to guilt. Mike Plumadore is to be presumed innocent unless otherwise proven in a court of law.

Update 12-28-11: The girls allegedly stayed with Plumadore for about a week while their mother recovered from the flu. Their stepfather apparently worked days. Thank God the younger children were not harmed. (IndyStar.com)

Feel the need to twitter your thoughts? LINK.

Things Might Disappear But People Should Not!

2011-12-20T07:39:00.011-06:00

It is understandable that things sometimes disappear. As we age, things seem to get misplaced more often than we care to admit. But people are not suppose to get misplaced. When Lauren Spierer disappeared in the college town of Bloomington, Indiana, a sense of fear shivered through campuses all across the nation. LAUREN SPIERER LINK. Now another young college girl has disappeared. Aisha Khan, a 19-year-old Kansas woman is a student at Johnson County Community College. On Friday morning she was studying for finals when she sent a frightful text message that said a drunken man was pestering her. Aisha subsequently disappeared from the Edwards Campus around 11:00 a.m. Friday morning. The Kansas City Star

"There's a creepy guy that just came up to me, and he was harassing me," Aisha wrote in a text message. Faiza Khan, older sister. Khan apparently slapped the drunken man according to her sister.

Volunteers and police officers spent much of the weekend searching the surrounding area. Khan's cell phone and backpack were found on a picnic table near campus. KMBC. Facebook

Khan is 5 feet 2 inches tall, 120 pounds with dark brown hair, brown eyes, and glasses. The searech may be followed on Twitter. Twitter A $10,000 reward is available to anyone with information leading to Khan's safe recovery.

Ayla Reynolds

In an unrelated but equally disturbing event, a twenty month old toddler, Ayla Reynolds, has turned up missing. Ayla was last seen by her father, Justin DiPietro, when he put her to sleep around 8 p.m. on Friday. The following day at around 8:50 a.m., DiPietro called police to report that his daughter had vanished. Investigators and police searched the small city of Waterville, for the toddler who was last seen wearing a soft splint on her left arm, green pajamas with polka dots with the words "Daddy's Princess" on the front. Press conference. The girl may have wondered off or she may have been abducted. Morning Sentinel . Anyone with any information should call the Waterville Police.

Want to twitter about this story? https://twitter.com/#!/Legal_Pub

Update 12-25-11: Aisha Khan has been found. She is alive and well.

Social Security and Chicago Bears Appear in a Downward Spiral?. Update 12-19-11

2011-12-15T14:15:00.005-06:00

With all the problems, Social Security reminds me of the movie, The Bad News Bears. It is common knowledge that Social Security is in financial trouble. Do the math. Social Security spent $49 billion more in 2010 than it took in as tax collections. When 2011 ends, Social Security will have outspend collections by another $46 billion. At this rate, the "Trust Fund" is expected to be depleted by 2036. Without that fund, expect benefits to fall to about three-quarters of current promised levels.

To attempt to offset massive obligations, tax rates have risen repeatedly. What commenced as 2% of the first $3,000 of income (half paid by you, half by your employer) is now scheduled to be 12.4% of the first $110,100 of income in 2012. Furthermore, "full retirement age" is moving up from 65 to 67. Even with the increasing of taxes and the cutting of benefits, Social Security's destruction appears inevitable.

Again, do the math. People are living longer and having fewer children. While the American birthrate has fallen from 18.7 live births per 1,000 population in 1935 to 13.8 per 1,000 in 2009, so has the work force as the percentage of the working age population actually working is down to 63.9% as of November 2011. Just a decade earlier, 66.6% were working. As Social Security no longer pays surplus funds to the Treasury, the Treasury not only loses that source of revenue but it also needs to make up the amounts being redeemed. Consequently, the revenue deficit will continue to mushroom.

So just like the childhood nativity of the lovable kids in The Bad News Bears, Social Security won't last forever. in its current form. The key questions are "What will change?" and "When will it happen?"

Speaking of bad Bears, the Chicago Bears continue their slide both on and off the field. Of course many know of Brian Urlacher's civil controversies LINK. However now, criminal charges against a wide receiver are further perpetuating the team's downward spiral. In fact, as of Thursday, Sam Hurd was in jail after authorities accused him of trying to set up a drug distribution network in the Chicago. Sam was arrested after he allegedly agreed to buy a kilogram of cocaine from an undercover agent.The federal complaint contends Hurd told an undercover agent that he was interested in purchasing five to 10 kilograms of cocaine and 1,000 pounds of marijuana with an intent to distribute.

Sam Hurd (AP Photo)

Hurd is scheduled to appear in Federal Court today. Hurd, a 26-year-old, played for five seasons with the Dallas Cowboys and is now in his first season with the Bears. The Bears have a three-year contract with Hurd. He is of course to be assumed innocent. You can read more at : http://aol.sportingnews.com/nfl/story/2011-12-15/chicago-bears-wr-sam-hurd-facing-drug-charges?icid=maing-grid7%7Cmain5%7Cdl6%7Csec3_lnk1%26pLid%3D120483#ixzz1gdVWhdug

Update 12-19-11: Bears culminated a horrible last seven days by losing again on Sunday. Incidentally, Hurd was also released from the team for "unspecified reasons."

Joe Paterno Termination An Appropriate Ending? ~by Elaine Hirsch 1-22-12 Update

2011-12-07T08:59:00.006-06:00

Joseph Vincent Paterno, is a legendary college football coach. He coached the Penn State Nittany Lions for 46 years and holds the record for most victories out of any Division I football coach. The Big Ten even decided to name it's championship trophy in his honor. However, all the fuzzy feelings about Coach Paterno and his exceptional career came to an abrupt halt in November 2011 when he was fired mid-season, after one of his prior assistants, Jerry Sandusky, was accused of sexually abusing boys.

According to ESPN.com, Paterno apparently claims that he told athletic director, Tim Curley, and university vice president, Gary Schultz, about an alleged sexual assault by the former defensive coordinator. The coach apparently felt that fulfilled his obligations as a supervisor. But this explanation did not sit well with the media or public given the gravity of the accusations against Sandusky.

Sanduky is accused of sexually assaulting a 10-year-old boy in the showers of the Penn State’s football complex. Consequently, their is little sympathy for Joe Paterno who apparently did not go to the police or any other authoritative personnel about the incident. The coach's son, Scott Paterno, apparently told the Philadelphia Inquirer that his father never asked Sandusky about the alleged sexual assault. Assistant coach, Mike McQueary, apparently told a Grand Jury he witnessed Jerry Sandusky sexually assaulting a 10-year-old boy in the showers of the football complex.

The most efficient decision for Penn State would have been if Paterno had offered to resign immediately. Instead, Paterno offered to retire at the end of the season, which resulted in Penn State officials firing him immediately with no reimbursement. The dismissal originally prompted many students to gather near the campus chanting “We want Joe,” as stated by NFL.com. Witnesses said the students knocked over a van and lamppost, were throwing bottles and rocks.However, once students learned of the facts and the alleged victims plight, the protests stopped.

In the end, Joe Paterno was fired because he did too little. He didn't call the police and he failed to make sure the people he told about the incident took care of the situation. Nils Hagen-Frederiksen, a spokesperson for the Pennsylvania attorney general’s office, told ABC News that Joe Paterno is a cooperating witness who testified and provided a truthful testimony. However, the spokesperson also told ABC News that two others may have committed perjury before the grand jury. These individuals legal expenses will likely be reimbursed by Penn State. As if the cost of education is not high enough. One wonders just how much of the expense of such inappropriate behavior will become a burden on students paying tuition.

(Elaine Hirsch writes articles as a guest blogger and for online degree programs. A link to such a program can be found here: LINK.)

Update 12-7-11: Jerry Sandusky is in a Pennsylvania county jail after being unable to post $250,000 bail in cash. Sandusky faces new charges based on the testimony of two new accusers. There are not 10 total accusers. He already faced 40 counts of child sex abuse involving eight young boys over a 15-year span. Sandusky lawyer Joseph Amendola claims his client is innocent. Sandusky and all involved are to be presumed innocent unless otherwise proven in a court of law.

Update 1-22-12: Joe Paterno died today. He was 85.

New Marketing Of Inflight Entertainment?

2011-12-05T12:39:00.006-06:00

What happened to that phrase, "Fly the Friendly Skies?" Perhaps now the marketing slogan should be "Don't Get Too Upset if You Get Caught Being Too Chummy While Flying" using an Australian accent while advocating for Jetstar. Why the warning? An Australian couple was arrested over the weekend for trying to join the "mile high club." The man was 44-years-old and the woman 39-years-old. Saturday Bust.

The man, who apparently didn't finish, allegedly became "abusive" towards cabin crew after the couple was interrupted. The man is charged with disorderly conduct. His mate, however; was released without any formal charges according to Adelaide Now. (Moral: Should the man have exited without comment and then later gone into the restroom alone and finished the job?)

Jetstar claims that they don't allow passengers to "enter the toilet in pairs." If they do, they are asked to come out and if they "... comply there are no further questions asked or action taken." Some may ask what is the harm in allowing such conduct? (Think of the cost of adding extra large plane bathrooms and equipping them with complimentary condoms and vibrators. ) After all, over 90% of travelers would like to join the exclusive club. Twenty percent of all travelers claim to be members. 95% Want In Mile High Club (20% claim they have already joined.) Given the numbers, is there a marketing angle in promoting the mile high club on Jetstar flights? Simply by the numbers, the answer appears to be yes.

But people wishing a crack down on bathroom antics think the potential of in air mishaps is simply too great. It is not just unwanted pregnancies but also the distraction to airline personnel that they fear. For example in November, an off-duty Qantas pilot was allegedly scolded for becoming too familiar with a female passenger on a flight from London to Sydney. Too familiar? Can anyone blame the off duty pilot for making the friendly skies a bit more inviting atmosphere for attractive single women? Again those advocating against bathroom entertainment claim that if such conduct is encouraged, it might lead to a disproportionate number of attractive females being offered private viewings of the cock pit?

Perhaps encouraging membership in the mile high club might lead to over reliance on autopilot guidance and dangerous penetration of restricted air space. However, in this competitive market it may all come down to dollars and cents. In other words, is it more cost efficient for the airlines to return to providing snacks and movies as cheap in flight entertainment or should they simply turn a blind eye to couples sharing a toilet seat?

Update 12-7-11: Alec Baldwin just got kicked off a plane for violating the no cell phone rule. While reports conflict as to what Baldwin was doing with the device, reports of him throwing a temper tantrum after he was told to turn the device off appears to be consistent. LINK.

Did Michelle Parker Become A Victim of Fame or Domestic Violence?

2011-11-29T07:46:00.008-06:00

Did Michelle Parker invite a lesson concerning the true cost of fame? After all, who chooses to voluntarily air their dirty laundry on national television? As most know, Michelle Parker of Orlando is the beautiful former fiance of Dale Smith who recently appeared on an episode of "The People's Court." The couple aired their dirty laundry on the show as they argued over custody of a $5,000 engagement ring. Apparently when the couple broke up Parker threw the ring back at Smith and the ring was apparently lost. (Parker and Smith have 3-year-old twins together.)

Thirty-three-year-old Michelle Parker of Orlando looks more like a model than a typical litigant. She demonstrated looks and wit on the November episode. However, shortly after the taped version of the show aired on November 17, 2011, her SUV was found abandoned. Michelle was no where to be seen and the 40-year-old Dale Smith became a person of interest in the disappearance of this mother of three.

Orlando police are concentrating on Smith and apparently there are no other person's of interest. Smith joined the U.S. Marines in 1996, but was dishonorably discharged as in 2003. While Smith has reportedly refused to take a lie-detector test, that is probably simply because of good advice of counsel given the unreliability of such testing. LINK. Orlando lawyer Mark NeJame and his partner Rajan Joshi are representing Smith. The Orlando Sentinel reports a history of violence associated with the couple. Specifically, the couple was apparently involved in a domestic violence case involving children in 2009. Public records also showed Smith was previously convicted on drug and domestic battery charges.

Dale Smith is to be presumed innocent of all charges unless otherwise convicted in a court of law. In the meantime, Legal Pub continues its quest against domestic violence. LINK. Should anyone have any information concerning Michelle Parker's disappearance, please contact Orlando police.

Update: Police have now named Dale Smith as a suspect. http://www.youtube.com/watch?v=252lV8_OhU0 Hearing Michelle's family on video is heartbreaking.

Time To Protest Black Friday

2011-11-28T08:07:00.003-06:00

The dark side of humanity surfaced on the Friday after Thanksgiving. Apparently a "Black Friday Shopper", Walter Vance collapsed while shopping at a West Virgina Target. He apparently went almost unnoticed as customers continued to shop. (Witnesses claim that shoppers ignored Vance and even stepped over his body in their quest to continue shopping.) Vance, a 61-year-old pharmacist, apparently had a heart condition and died later at the hospital. MSNBC. The Daily News.

"How could you not notice someone was in trouble?" While there may not be a legal obligation to come to rescue someone, what has happened to benevolence, civility and morality in this society? All was not completely lost. Vance's wife reports that six nurses attended to her husband and performed CPR until paramedics arrived. Sunday Gazette Mail.

In other bad shopping etiquette news, a customer at another store pepper sprayed other shoppers in order to purchase a video game that she wanted. Shoppers with pepper spray . The adverse effects of Black Friday are not limited to customers. At another Target store, an exhausted worker got off of work and accidentally drove her car into a canal. Exhausted Target Worker.

Consequently, Legal Pub suggests to all Occupy Wall Street protestors (LINK) that they unify in their support to end Black Friday. While it may be adverse on the economy, at least protestors can get their story straight as to why they are growing facial hair, sleeping in parks and desperately in need of showers.

Jose Pimentel a.k.a. Muhammad Yusuf To Be Left Alone Howling At the Moon?

2011-11-21T09:06:00.003-06:00

How can people become so twisted? Jose Pimentel (a.k.a. Muhammad Yusuf) of Manhattan, "a 27-year-old al-Qaida sympathizer" was apparently plotting to bomb police and post offices in New York City. He also had plans to harm U.S. troops returning home from the Middle East. Apparently, this poor soul had been motivated by terrorist propaganda and as a result developed resentment of U.S. involvement overseas. According to police, Pimentel was in the process of assembling his bombs when he was arrested. Pimentel was allegedly triggered to carry out his attacks by the September 30 killing of al-Qaida's U.S.-born cleric Anwar al-Awlaki.

According to Mayor Bloomberg, at least 13 terrorist plots have targeted New York since 911. Fortunately, no post 911 attack has been successful. However, it remains a mystery how men like Faisal Shahzad, who is serving a life sentence for trying to detonate a car bomb in Times Square in May 2010, and Jose Pimentel, become so demented that they are willing to kill innocent people.

Pimentel, a U.S. citizen originally from the Dominican Republic, has apparently been under surveillance by New York police for at least a year. Authorities have no evidence that Pimentel was working with anyone else at the time of his arrest. Consequently, he has acquired the nick name of "Lone Wolf." Yet, Pimentel's lawyer, Joseph Zablocki, claims his client's behavior prior to the arrest was not consistent with someone trying to conceal some violent scheme. According to Zablocki, Pimentel was not trying to hide anything and that the prosecution's case is flawed. Zablocki claims that Pimentel has a public online profile which is not consistent with someone plotting to commit a terrorist attack. ( Pimentel apparently posted on his website trueislam1.com and on blogs his support of al-Qaida and in the concept of jihad. He also promoted an online magazine article that described how to make a bomb. He also allegedly posted: "People have to understand that America and its allies are all legitimate targets in warfare." ) Nevertheless, Pimentel has been denied bail. He is charged with conspiracy, first-degree criminal possession of a weapon as a crime of terrorism, and soliciting support for a terrorist act.

Horrible Publicity For McDonalds

2011-11-15T12:55:00.005-06:00

We probably all know that fast food may be a bit high in the fat and sodium content to be considered "healthy." But the fast food giant realizes that effective advertising such as using the video of Oscar Robertson making the big shot can mean increased revenue. LINK. But bad publicity can equally decrease business such as when a member of a franchise management team allegedly makes a serious mistake with personnel. LINK. Or when someone gets seriously injured on the premise. LINK.

So what does horrible publicity do to a business? Recent headlines for an Ohio McDonald's may provide the answer. Supposedly, a 13-year-old boy sexually assaulted a five year-old girl in a McDonald's play area in Ohio. While the exact facts are unknown, the Hamilton County Sheriff's office in Ohio has cooperated with local prosecutors in charging a 13-year-old boy with the rape of a 5-year-old girl. The rape allegedly occurred at the McDonald's play area on October 29. The victim's grandmother was in the restaurant at the time. There is no information that McDonald's did anything wrong. In fact, the local owner of the McDonald's, Judson Pickard, is cooperating with investigators and presumably furnished the video surveillance which lead to an identification of the alleged perpetrator. But one can't help but think how such an occurrence could tarnish the family image of McDonald's.

The 13-year-old's parents are also apparently cooperating with authorities as the boy was taken to a to a juvenile detention center. Authorities are expected to rely heavily on the surveillance video in pursuing charges against the 13-year-old defendant. Fox news.com

On the other-hand, the boy denies the charges and will have a juvenile detention hearing/trial on Nov. 22, 2011. sacbee.com
In the meantime, the defendant is to be presumed innocent of all charges unless proven guilty in a court of law.

Would You Like Fries With That by Tim McGraw

Good Girls Don't But Do Rebecca Chandler and Raven Scarlett Larrabee Agree?

2011-11-11T06:43:00.004-06:00

Think before you visit the "girl you met on line." Apparently an 18 year-old Phoenix man traveled to Milwaukee by bus to visit a woman he met online. After he arrived at her apartment, things apparently were bizarre. According to the male victim, he claims that he was tied up with duct tape and rope for two days and repeatedly stabbed several hundred times. These girls may make Tiffany Sutton look gentle: LINK.

The Smoking Gun reports that the 18 year old was found bleeding from his neck, arms and back. He was taken to a local hospital and treated for stab-wounds. In the meantime, Rebecca Chandler apparently admits that she was having sex with the victim but claims that the stabbing was consensual. Chandler apparently told police that her roommate, Raven "Scarlett" Larrabee, was responsible for most of the stabbing. There is a question of whether one or both of the women may be involved in satanic or occult activities. According to the New York Daily News, interesting reading material apparently found in the residence included “The Necromantic Ritual Rule Book,” “The Werewolf’s Guide to Life” and “Intro to Sigilborne Spirits.’NY DAILY news.com

Both women have been arrested and are awaiting charges. They both, however, are to be presumed innocent of all charges unless otherwise proven in a court of law.

Ledell Peoples Loses Control Over Halloween Candy While Glen Parrish and Justin Bieber Simply Lose Control of The Situation?

2011-11-07T09:06:00.017-06:00

Sometimes people are just ridiculous when it comes to control. Maria Adams, 49, was allegedly stabbed multiple times on Halloween weekend by a friend who was upset that his bag of candy was missing. Maria was apparently in the home of Ledell Peoples when she was stabbed with "several steak knives," according to the Chicago Tribune. Chicago Tribune.
Ledell Peoples, 55, should have known better. If not, if he is convicted of first degree murder and aggravated domestic battery, Peoples may have a long time to learn in jail. NBC Chicago.

Peoples apparently thought Adams took the bag of candy. He allegedly attack Adams who attempted to defend herself by throwing plates at Peoples. Adams was transported to Stroger Hospital Saturday night where she died after several days of being in critical condition.

In an unrelated but perhaps equally stupid incident of losing control, Glen Parrish was found dead in a bed at a UCLA Theta Chi fraternity house Saturday afternoon. The 18 year old's cause of death is under investigation. Despite being in the fraternity house during the weekend, Parrish was not enrolled in UCLA at the time of his death. Alcohol and drugs are suspected but not yet confirmed. The Daily Bruin Toxicology reports should be available in a few days. The death is being treated as accidental at the current time.

Then there is the Mariah Yeater (20) and Justin Bieber (17) saga. One of them is making a huge miscalculation and may be about to lose control of their own destiny. Mariah accuses Justin of fathering her child and Justin uses the President Clinton denial "I did not have sex with that woman." Mariah's accusations go beyond paternity of her four month-old son. She claims Bieber was “aggressive” and refused to wear a condom. She told "The Insider" that "(h)is whole demeanor changed.” Supposedly the intercourse occurred in a backstage bathroom at the Staples Center in Los Angeles following a concert in October 2010. Tristyn Anthony Markhouse Yeater was born in July. Yeater claims she told him to wear a condom but he refused. Bieber denies fathering the child and has agreed to submit to a paternity test when he returns from Europe. He voluntarily agreed to the test. Rumor has it he will sue Yeater as soon as the results come back negative. Consequently, we should soon know who made a huge miscalculation.

Update 11-14-11: Just what is it about Halloween candy? Kelly Sanchez, a fifth grade school teacher, confiscated Halloween candy from a 10-year-old 5th grader at Zellwood Elementary school. The student apparently became so upset she threatened and attacked her teacher, according to NBC Miami. Alleged attack and threat.

The girl was arrested and faces a felony battery charge.

Update 1-16-12: While we never saw the DNA results, apparently Ms. Yeater apologized to Mr. Bieber about fabricating the story. Now try saying that fast five times...

Is the Karen Johnson Swift and Sky Metalwala Disappearance More Fuel For the Fire? Update 11-29--11

2011-11-04T13:16:00.011-05:00

Too many times the existing family law/dissolution laws have appeared to spawn violence. LINK. Let's hope Tennessee is not the site of another such tragedy. We certainly don't need another fiasco like some of those in the recent past. LINK.

Karen Johnson Swift, 44, of Dyersburg, Tenn., was reported missing on Sunday by her estranged spouse. (Karen filed for divorce in October of this year according to MYFoxMephis.com.) Her white 2004 Nissan Murano was later found on a nearby road. However, neither Karen or her cell phone have been located. According to Dyer County Sheriff Jeff Box, the investigation is being treated as a missing person case. To date there is no confirmation of any foul play. A recent helicopter search using a heat-sensor failed to turn up any clues. The search is continuing to fan out.

Karen Johnson Swift is 5 feet 5 inches tall with green eyes and blonde hair. She weighs about 140 pounds. Anyone with information is asked to contact the Dyer County Sheriff's Office at (731) 285-2802.

Update 11-5-11: Supposedly Halloween weekend, Karen Johnson Swift " went to bed with her daughter, and when the girl woke up around 6 a.m., her mother was gone." Karen's car was found near her home with flat tires. A neighbor, Marty Lamb, discovered her abandoned car. Police are investigating the possibility of a serial abductor or murderer in the central and west Tennessee regions. There have been other cases of missing women in the area. In any event, it is unlikely she willingly disappeared.

Karen's cell phone records indicate that someone apparently used her phone to access the Internet around 5:00 a.m. Her husband has been interviewed by police and isn't considered a suspect at this time. Karen Johnson Swift filed for divorce October 11, 2011 but was apparently still living with her husband at the time of the disappearance.

On the surface the case shares enough similarities with the disappearance of Sue Waller in Missouri that the husband is possibly a person of interest. Furthermore, Karen's husband has yet to address the media. In the interim, Karen's husband is presumed completely innocent and deserves to be treated as such.

Update 11-10-11: Police have found some of Karen Johnson Swift's clothing. Her Halloween costume was found in the car and a pair of jeans and a gray zip-up were found in some brush not far from her car. DNA from her mother confirms that the DNA on the clothes is Karen's. (The Dyer County Sheriff's Office has not publicly confirmed this information.) To date aerial helicopter searches have been unproductive. Her marriage has been described as "pretty volatile." David Swift has been interviewed by police, but is not officially a suspect or person of interest. A Facebook post recently indicates that David and family "...want her home and love her very much." WMC-TV. In what appears to be an unrelated matter, John E. Hogshooter, a neighbor of the Swifts was arrested on an outstanding felony warrant for animal cruelty. (Hogshooter is accused of poisoning two dogs.) Dyersburg State Gazette. Authorities have not found any items connecting Hogshooter to Swift's disappearance and do not consider him a suspect.

Karen Swift Update 11-29=11: So far, no luck in the search despite searches by:

. Dyer County Sheriff's Deputies, Sheriff's Investigators, Sheriff's Tracking Team

. Tennessee Highway Patrol Strike Teams, Aviation Unit, Cert Team, and many troopers.

. Tennessee Bureau of Investigation Special Agents, Crime Scene Unit, and Crime Lab.

. Tennessee Department of Corrections Fort Pillow Bloodhound Unit

. Lauderdale County Sheriff's Bloodhound Unit

. Scott County Missouri Sheriff's Search and Rescue Dogs including Cadaver Dogs

. Shelby County Tennessee Sheriff's Search and Rescue Unit with Dogs including Cadaver Dogs

. Dyer, Lake, Obion, Lauderdale, Gibson, & Henry Rescue Squads with sonar & drag equipment.

. Dyer County, Millsfield, Bogota, Lenox, Bonicord and Finley Fire Dept's.

. Dyer County Emergency Management

. Personnel on horseback and many other local volunteers.

If you have information, contact the Dyer County Sheriff's Department at 731-285-2802. Crime Stoppers is offering a cash reward for information. 731-285-TIPS (8477).

Update 11-8-11 Sky Metalwala: Another disappearance is suspicious of being related to domestic turmoil. Sky Metalwala, a two year-old who is the subject of a custody battle, has disappeared. (Sky is pictured up above on the right hand side.) The 2-year-old Washington state boy is missing after his mother allegedly left him in her stalled car on a city street. The boy's mother, Julia Biryukova and her four year old daughter walked to a gas station leaving the child unattended in an unlocked car. Sky Metalwala is apparently no stranger to being left alone. Sky had previously been left alone in a car when he was just 3 months old. Apparently his parents left him in their sport utility vehicle in a Target parking lot for 55 minutes. The parents retrieved him after police arrived and asked for the vehicle's owner to be paged. Redmond police cited both parents with reckless endangerment. Charges were recently dismissed after both parents completed 40 hours of community service and 10 weeks of parenting classes.

But the recent disappearance of the toddler from the Bellevue area comes on the heels of a custody fight between his parents, Julia Biryukova and Solomon Metalwala. They couple separated in March 2010 and since then have been the subject of protective orders, allegations of abuse and questions of sanity. A recent mandatory mediation provided for Metalwala to have some visitation with Sky and his older sister. Biryukova consented to have her vehicle and home searched. In the mean time, the daughter has been placed in protective custody.

The couple separated in March 2010. A couple month later, Metalwala filed for divorce and Biryukova filed for a protection order on behalf of herself and their two children. Biryukova claims Metalwala has anger issues. Metalwala claims his estranged spouse has mental health problems and was involuntarily committed to a mental clinic in 2010. But a social worker with state Child Protective Services reported that Biryukova is in good mental health and is an appropriate caregiver.

Update 11-9-11: Police apparently failed to find a gas can near Biryukova's vehicle. Furthermore, they were able to start her car. Allegedly Biryukova has refused to take a polygraph whereas Metalwala submitted to a polygraph. So far, there are no official suspects but foul play is suspected.
Sky Metalwala Update 11-29-11: Police are suspecting that Sky may not have even been in the car the day his mother reported him missing. Sky's father openly questions whether Julia Biryukova has their son hidden somewhere.

Medial Plica Syndrome Unlikely Caused By Auto Accident ~by Dr. B.

2011-10-31T06:49:00.006-05:00

I was recently asked if a young woman's medial plica syndrome was caused by an automobile accident. While the answer is "probably not," the explanation is perhaps more useful than the answer. The medial plica of the knee is a thin, well-vascularized intraarticular fold of the joint lining, or synovial tissue, over the medial (inner) aspect of the knee. Medial plica irritation of the knee is a common source of anterior knee pain; however, it is rarely associated with a single event of trauma. The inflammation in the vast majority of cases occurs because of chronic irritation to the medial plica either due to excessive exercise or chronic trauma.

Furthermore, while patients may complain of discomfort over the anteromedial portion of the knee with periodic popping or pseudo-locking, the individual usually maintains a high level of function in the joint. Such patients exhibit discomfort upon rolling the plica fold of the tissue over the anteromedial (front inside) portion of their knee. While patients often wish to blame the discomfort on a single bruising to the knee, the typical patient exhibits tight hamstrings and weak quadriceps. This chronic imbalance is the likely culprit of the continued irritation and inflammation. It is well known that chronic plica problems can develop when the medial plica is irritated by certain exercises that involve repeatedly bending and straightening the knee, such as aerobics, biking, using a stair machine, or jogging. As a result, the development of medial plica syndrome is more likely the result of chronic irritation caused by the muscle imbalance as opposed to a single bruising of the knee. In patients with multiple injuries, multiple surgeries or chronic irritation over the medial aspect of the knee, the medial synovial plica may become very thick and fibrotic causing it to catch over the medial aspect of the medial femoral condyle (thigh bone.) [ Links: , ]. The catching over the medial aspect of the medial condyle typically explains the report of popping or crepitation.

All most all patients improve with physical therapy and/or a steroid injection. Arthroscopic surgery is extremely rare and should not be performed until all nonsurgical alternatives to treatment have been exhausted. Nonsurgical measures can remedy most cases of plica syndrome by reducing inflammation. Anti-inflammatory medications such as ibuprofen or aspirin typically help. Ice massage may also be beneficial. To restore muscle balance, a treating physician should insist on exercises to strengthen the thigh muscle (quadriceps) and stretch the hamstrings. Moreover, an arthroscopic resection of the medial plica should only be performed in the rare case that the plica is actually damaging the articular cartilage of the medial femoral condyle. This is not the typical case and therefore the option of surgery is rarely appropriate in the absence of concrete indications. For additional details read "Medial Plica Irritation: Diagnosis and Treatment by Chad J. Griffith and Robert F. LaPrade of the Department of Orthopedic Surgery University of Minnesota. LINK ***. Chad Griffith opines that 95 percent of people have a medial plica but only a small percentage of people will experience pain from their plica. Few will require surgery because almost everyone responds to a therapy program emphasizing hamstring stretching and quadriceps strengthening. Also consider:

Plica: Pathologic or Not? [J Am Acad Orthop Surg. 1993]

Medial plica and degeneration of the medial femoral condyle. [Arthroscopy. 2006]

Did Brenda Harding Expect Tristen Hagen To Take Their Relationship Ending Like A Man Even Though He Was Only 15?

2011-10-25T12:04:00.003-05:00

Brenda Harding apparently made a huge mistake. Instead of protecting a friend's 15 year old step son from harm, the 30 year-old Harding apparently led the boy down an adult path which ultimately ended in the teen losing his life. Tristen Hagen, the 15 year old, apparently took his own life after the the Canon City, Colo. woman terminated a sexual relationship with him. The tragic ending is that Hagan is dead and Harding is sentenced to 90 days in jail and 10 years to life on probation. In addition, Harding is now on the official sex offender registry and is not to have unsupervised contact with anyone under the age of 18. This presents a bit of a problem since Harding has herself two under aged children. KRDO.

How does such a relationship all start? Tristen Hagen's stepmother was apparently a friend of Harding. Westword. Harding at some point agreed to be Tristen's caregiver. Somehow the relationship went a skew when Brenda allegedly began having sex with Tristen during a time in June of 2010 when Tristen was living in Brenda's care. When Tristen's father, Michael Hagen began to suspected an inappropriate relationship between his son and Harding, he asked her to stop. It is not clear when the sexual part of their relationship ended, but in April of 2011, Tristen Hagen took his own life.

Tristen Hagen's autopsy revealed he had overdosed on a mix of painkillers and muscle relaxants. District Attorney Thom LeDoux told the court that the boy could not deal with the relationship ending and that is why such legal prohibitions exists. Perhaps this tragedy will make women think twice before they let a teen become infatuated based upon sexual pleasure which likely lasted but a few seconds.

Economic Woes Cause Men to Cheat? Oh Really! Take Moammar Kadafi As An Example... ~by Helen

2011-10-21T09:12:00.006-05:00

I refuse to sugar coat reality and I sure as hell don't advocate giving men more excuses for their irresponsible behavior. In the past I have clearly explained why women are entitled to alimony. For those who need Cliff Notes, it is because most men are scum. LINK. The evidence supports my conclusion that men cheat. INFIDELITY As a result, men get what they deserve. That is why it becomes so disappointing that money is being wasted to provide men with additional excuses for their lame behavior. Let's just all concede the fact that men will cheat for any reason, so direct your research toward something worth while like curing cancer.
Why am I so worked up? Well, a new study claims that the recession (I am not talking about diminishing male hairlines) has increased men's sexual appetites -- at least when it comes to "sex with the other woman."The November issue of the Journal of Experimental Social Psychology, suggests that men are cheating at an alarming rate because of the economy libido boost . Stress Leading To more Sex?

Omri Gillath of the University of Kansas, rationalizes that when faced with a threatening environment, males can't help but seek short-term mating strategies to ensure their genes survive. (Now, I didn't really care much for Darwin, but his theory would advocate eradicating such neanderthal men through natural selection. If the theory really worked, we would not have the need for this article.) "We're biologically wired to reproduce, and the environment tells us the best strategy to use to make sure our genes are passed on... When the environment is secure and you have enough food and things are working the way you would like them to, people are more likely to invest in their existing kids and stay with their current partner or prefer long-term mating strategies... But if the environment is dangerous and your chances of survival are low -- if there is a famine or more enemies then people will adopt short-term strategies which allow them to reproduce more," said Gillath Short-term strategies to reproduce more.

Gilliath's conclusions are completely unreliable. (First it was performed on men whose very nature defines unreliability.) Second, the study was conducted by showing some cavemen images of death and then showing them sexual images. Gillath found that men's heart rates increased more when they were first presented with the idea of their own death before viewing sexual images. This is so intuitive that it should go unstated. Neanderthal men get excited with almost any stimulus including violence and dirty pictures. It all becomes very mathematical. Death plus dirty pictures is always greater than dirty pictures alone.

Third, how dare Gillath contradict the Dr. Drew Show. He recently had Simone Bienne author of "Men Going Through A Sex Recession," opine that the bad economy has cause male libido to decline. “Stress is the biggest libido zapper we know, and for a man, it's specifically cash flow and work-related issues that can bring his drive way down.” They are all wrong. A depressed economy doesn't reduce the frequency of men whoring around... it simply reduces the number of men who get caught cheating. The reason is that men become to cheap to take their mistress to expensive trendy res truants and women have less financial ability to hire detectives to nail their butts in the act of cheating.

Male sex drives has nothing to do with economic woes. Such financial woes become cited as lame excuses for failure to pay spousal maintenance and child support but it has nothing to do with the increase in men cheating. Furthermore statistics can be misleading. 3,000 survey responders to Shape and Men's Fitness magazines from 2009 concluded that 17% more women are having sex more often than the average man during the recession. women having sex 17 percent more. Perhaps that just means more women have realized that wasting money on men is useless and thus have come to prefer a partner of the same sex.

Based on my experience, increase in women's libidos is due to them conquering archaic sexual norms and alleviating stress and anxieties by sexual release. This may be telling their spouse what they need or finding fulfillment with a lover. But keep in mind, when a woman stays from a relationship, it is almost always the man's fault for failing to fulfill her emotional needs. When a man cheats, it is only to satisfy his desire for physical pleasure. Furthermore, when a woman has sex it is almost never to "spread her genes." Women understand the need for contraceptives and the natural selection process which could ultimately make scum bag men extinct... just like Moammar Kadafi who finally got what he deserved.

Moammar Gadhafi's 42-year tyranny ended when he was dragged wounded out of a drainage ditch and executed by his captors. While violence is never the answer, Gadhafi's death exemplifies the need to eradicate the lack of responsibility that has been allowed to breed contempt, hatred and further self-perpetuation.

Update 10-26-11: Andrea Syrtash actually advocates a form of "cheating" by females to save their marriages. LINK. Might it have saved Gadhafi's life? Doubt it.

One, Two, Three, Four... What Are We Protesting For?

2011-10-16T14:53:00.007-05:00

Alarmingly, few actually demonstrating in New York know the reason for the protest. That is unfortunate when you realize that as a consequence of their reasonless protest more than 80 people have been arrested. Those arrested appear to articulate no particular reason for the protest with the exception of possibly the generic canned response, "corporate greed."

Furthermore, when you ask the protesters for a reason why two police officers were hurt ( one hospitalized for a head injury), again they are at a loss for explanations. Are the police over paid? Are they part of corporate greed? Give me a break. 42 people were arrested in Times Square after being warned repeatedly to disperse. Three others were arrested trying to take down police barriers. Two dozen people were arrested at a Citibank branch after they refused a manager's request to leave. (Was it Citibank that forced the protesters to spend money that they did not have? ) Five others were arrested for wearing masks. (If you have nothing to hide and are proud to be seen protesting, than why do you want to hide your identity?)

10 people were loaded into a police van from Manhattan park after police repeatedly told them the park closed at midnight. (In these times of recession, should the City really have to pay overtime to the police so they can protect protesters violating the law?)

And the movement of ignorance is spreading. On October 15, 2011, Occupy Vancouver protest boasted 2000 participants. When asked why they were protesting, some agreed, "America is greedy." Others shared the most common reason given by American Protesters, "I dunno."

Here is a little suggestion for protesters. If you want to end capitalism, have the guts to come out and state what you really want. If you want a socialistic society where everyone makes the same amount regardless of their job or the quality of the work, than say so. Vote your conscious. If you can't get the candidates you want elected, than either try again or move to a socialistic country that has the economic and political system you want. If that is too tough for you, than protest in such a fashion that the rest of the country doesn't have to pay for your little temper tantrum that you insist in exhibiting in public. And by the way, find some leaders who can articulate what the heck you are protesting for. Us veteran protesters from the Vietnam War days are embarrassed by your lack of goals, organization and ability to use the English language.

Update 10-19-11: “Don’t blame Wall Street. Don’t blame the big banks. If you don’t have a job and you’re not rich, blame yourself.” Herman Cain

Update 11-1-11: Former Marine Scott Olsen suffered a skull fracture after an Oakland protest turned violent the night of Oct. 25. More than 15 local public safety agencies were called in to assist the Oakland Police Department, including the San Francisco Sheriff’s Department. Activists claim to have identified at least three San Francisco deputies in video shot during the raid. Read more at the San Francisco Examiner: LINK.

Update 11-3-11: More violence in Oakland. A protest shut down the Port of Oakland in support of the Occupy Wall Street movement started off peaceful. However, after dark it became violent after several protestors broke into a vacant building. Police in riot gear arrested dozens of protesters after several downtown windows were broken and sprayed with graffiti. In addition several fires were set. At least four protesters were hospitalized. One protestor fought with a police officer. Several officers were also injured but there is no report of them needing medical attention.

Update 11-14-11: New York City Police raided Zuccotti Park around 1 a.m. Tuesday morning. They evicted protesters, cleared the park and arrest those that stood in their way. Police said that the 2-month-old camp must be temporarily emptied for cleaning, citing "health and fire safety" hazards.

Free Florida Breast Exams A Phoney Scheme To Fondle Women Or Just An Attempt at Philanthropy?

2011-10-13T06:55:00.006-05:00

Phillip Winikoff may have always wanted to be a doctor. Or on the other hand, maybe he has just always been a pervert. In any event, it is hard to forget what he did in 2006 which resulted in him being charged with three counts of sexual battery, two counts of practicing medicine without a license, two counts of simple battery and one count of using the title of doctor without a license.

Back in 2006, the then 76 years old went door to door offering free breast exams. Winikoff definitely looked the part. Grey hair, black "doctor's bag" and a sympathetic ear. To make matter even better, he went door to door in an apartment complex. (A doctor who makes house-calls!) Apparently, Winikoff knocked on a 36-year-old woman's door. He said he was from the local hospital and was offering free breast exams. to residents of the Lauderdale Lakes apartment complex. The scheme may have worked had he planned a bit more carefully. Allegedly after Winikoff completed a thorough breast exam on the 36 year-old, he moved on to the genital exam without putting on a glove. (This is a dead give away for any woman who has ever received a pelvic exam!) The woman called police. Meanwhile, Winikoff moved on to his next patient (alleged victim.) Winikoff offered his services to a 33-year-old woman who also lived in the same apartment complex.

When police received a complaint, Winikoff was arrested for fondling two women's breasts and genitals while masquerading as a doctor. Mitigating circumstances apparently include that the exams were free. Ironically, now five years later the prosecutor and defense counsel have finally reached a plea agreement to recommend to Broward Circuit Judge Sandra Perlman. The Sun Sentinel . Broward County Sheriff's Office

Surprise! Surprise. It turns out that Winikoff was not licensed to practice medicine. Although he did have experience helping women in his role at a local automobile dealership as a shuttle driver, his job description did not involve breast or genital exams. In the absence of a plea agreement being accepted by the judge, Winikoff could face up to 55 years in jail. Winikoff Criminal Complaint

Herman Cain May Be A Little Smarter Than What You Think ~ by Blond Bombshell Update 11-11-11

2011-10-08T09:03:00.020-05:00

Well, I finally heard it. "That Cain ain't exactly a rocket scientist." Well I hate to break it to you Einsteins, but he really is...

Here are some things you may not know about Herman Cain:

He’s not a career politician (in fact he has never held political office). He’s a pizza guy. But he is also a banker guy, a computer guy and a rocket scientist guy.

He has a bachelor’s degree in Mathematics.

He has a Master’s degree in Computer Science.

He worked as a mathematician for the Navy, where he worked on missile ballistics. (That actually makes him a rocket scientist). Mr. Cain has also served as a computer systems analyst for Coca-Cola and Vice President of f Corporate Data Systems and Services for Pillsbury. (This is a top job in the computer world!) Cain accomplished all of this before reaching the age of 35. After reaching the top of the information systems world, he changed careers by taking charge of 400 of Pillsbury’s poorly performing Burger King restaurants in the Philadelphia area. After nine months of learning the business from the ground up, cooking hamburger and cleaning toilets, he turned them into money makers for the company within three years.Cain was then asked by Pillsbury to take charge of their Godfather’s Pizza chain (which was on the verge of bankruptcy). Cain helped the franchise turn a profit in 14 months.

In 1988 Cain facilitated the purchase of the Godfather’s Pizza chain from Pillsbury. As the owner of the restaurant chain, Cain has risen to the top of the leadership hierarchy once again.. Cain has also served as chairman of the National Restaurant Association which interacts with government on behalf of the restaurant industry. Next Herman Cain went to work for the Federal Reserve Banking System advising them on how monetary policy changes would affect American businesses.

Cain has also served as the chairmanship of a regional Federal Reserve bank. This is only one step below the chairmanship of the entire Federal Reserve System (the top banking position in the country). This position allowed him to see how monetary policy is made from the inside, and understand the political forces that impact the monetary system.Cain is also a writer and a speaker. He has also hosted a radio show on WSB in Atlanta (the largest talk radio station in the country).

Herman Cain says stop complaining and start working your way up. He leads by example, his father was a chauffeur and his mother was a maid. Yet he has risen to the top of several different fields. When you add up his accomplishments in his life, it is hard not to be humbled by his qualifications for presidency. If elected, I have no doubts he will return America to the top.

Update 10-17-11: Herman Cain joked with crowds in Tennessee that part of his policy would be to build an electrified fence on the Mexican border that could potentially kill anyone trying to enter the country illegally. "That's a joke, David," he told NBC's David Gregory on "Meet The Press." "That's not a serious plan."

Update 10-19-11: “Don’t blame Wall Street. Don’t blame the big banks. If you don’t have a job and you’re not rich, blame yourself.” Herman Cain

Update 11-1-11: Do you know how one can tell that Herman Cain is now considered a serious threat to win? The attack has started. Cain is the subject of reports that female employees at a restaurant trade association accused him of sexual harassment in the 1990s. Twenty years ago, Supreme Court Justice Thomas, an African-American, was accused similar allegations but was nonetheless still confirmed. Cain, like Thomas, was the victim of a “high-tech lynching” due to his conservative beliefs. Back in May, Cain predicted that liberals and Democrats would find a way to attack him because of his conservative views. He even mentioned Justice Thomas at that time. Washington Examiner. Regardless of the claim, let's face it, it was over 15 years ago. Furthermore, settlements of such claims are common regardless of the merits do to the cost of defense. This is not new news, so why bring it up now?

It serves to distract Cain, who was just starting to raise the money to be a true rival to former Massachusetts governor Mitt Romney. Furthermore, Cain was gaining in the polls. The Des Moines Register Iowa Poll of the 2012 election was released late Saturday, and Cain lead at 23 percent, while Romney is in a statistical tie at 22 percent. Ron Paul was at 12 percent, Rep. Michele Bachmann at 8 percent, Texas Gov. Rick Perry and former House speaker Newt Gingrich at 7 percent, and former senator Rick Santorum at 5 percent.

So why now? It's obvious. Because his opponents are scared!

Update 11-3-11:  Who cares that some coworkers made claims of sexual
harassment over 12 years ago. Anyone can make claims. If they had
any real substance, they would have pursued maximum
compensation in court.  They didn't.  Move on.
According to an Indiana poll, likely Republican voters in Marion
County said  they would vote for Herman Cain if the party’s presidential
primary  election were held today according to the WISH-TV/Franklin
College Poll. NO matter what, Cain sounds
so much better than the other choices...
Update 11-11-11:  I was asked if the sexual harrassment

allegations affect electablity.  Well, even if true, the

allegations aren't really that bad.  Furthermore, it is

finally refreshing to find a politician in Washington

who prefers women to little boys!

Are Jeremy Irwin and Deborah Bradley Being Scrutinized With A Critical Eye? Update 10-26-11

2011-10-07T07:52:00.015-05:00

The parents of Lisa, Jeremy Irwin and Deborah Bradley better read our story about Kate and Jerry McCann. Their daughter was allegedly snatched and authorities turned a critical eye toward the parents. LINK. The McCanns learned the hard way that the parents of a missing child are always "person's of interest." Lisa, the daughter of Irwin and Bradley, was apparently snatched from her crib late Monday night or early Tuesday morning. The couple claim that some one took their daughter and all three of their cell phones. Yesterday, there was a claim by Kansas City police spokesman Steve Young that Jeremy Irwin and Deborah Bradley "stopped cooperating" with authorities. The couple had been working with police since the disappearance.

The parents countered with a statement read by Irwin's sister, "we have never stopped cooperating with police... We've been cooperative from day one, and we continue to assist the police with the investigation." Police appear to be troubled with the parents claim that the perpetrator also stole their cell phones. Police say they have no suspects. But in this day and age when cell phones can be traced, one suspects police know more than what they are letting the public know.

During the parents' news conference Thursday, Irwin and Bradley said they frantically searched their home for any sign of their daughter. They said they found an open window, an unlocked front door, lights in the house on. Later they discovered that their three cellphones were missing.

Authorities believe they have done everything reasonable to locate the child. Police "will continue tracking leads as we get them or develop additional information." In the meantime, one suspects that the police have a hunch about something...

Update 10-8-11: The Deffenbaugh Industries Johnson County landfill, located about 23 miles from the Irwins' home has been searched twice with no positive results.

Update 10-13-11: Firefighters were lowered into a receptacle designed to hold rainwater and other liquid at an abandoned home about 5 blocks from where Lisa disappeared. The receptacle was subsequently drained with no results. Kansas City police continue to deny the rumor that the baby's mother, Deborah Bradley, is preparing to be charged in connection with the child's disappearance.

The baby's aunt, Ashley Irwin, complained to ABC News that it was "inevitable" that Bradley would be arrested because police were spending too much time focused on the family. foxnews.com

Video has surfaced which appears to show Deborah Bradley and perhaps another man buying baby wipes and wine perhaps five hours before Lisa disappeared. NBC LINK.

CNN COPY OF Surveillance Video & Clerk Interview.

In our view, all persons of interest are presumed innocent and should be treated as such.

Update 10-14-11: Sources suggest that the man in the video is Deborah's brother. The family has offered a reward of $100,000 for Lisa's return.

Update 10-17-11: Deborah put Lisa down around 6:40 p.m. She apparently checked on her and she was standing in her crib so she tucked her back in. Then Deborah and a next-door-neighbor mom apparently shared some wine and chatted outside on the front stoop. Bradley told PEOPLE that she may have had more than five glasses of wine. Her friend left about 10:30 p.m., and later said that she saw the lights in the house go dark. But Bradley doesn't remember if she turned off the lights.

In the mean time, a man found a backpack containing diapers and baby wipes near a vacant home near the Irwin's residence. Soiled diapers were also found in a wooded area across the street from the house. The National Guard searched a wooded area previously searched. So far, no real leads as to Lisa Irwin's whereabouts.

Update 10-24-11: Surveillance footage of a mystery man may support the parents claim. "Good Morning America," has video that shows a man dressed in white leaving a wooded area, at 2:30 a.m. There may also be one or more witnesses who saw a suspicious man that night perhaps carrying a baby.

Update 10-26-11: All searches to date have failed to reveal any real evidence. The parents and the authorities are all apparently puzzled. In the mean time, a prayer vigil was held for Lisa Irwin on Sunday according to family attorney Cyndy Short.

Anthony Garcia Promotes High Protein Snack Or Just Another Pervert?

2011-10-02T09:20:00.002-05:00

Talk about disgusting food ideas. A supermarket and its employee maybe in trouble for providing samples of what was referred to as high protein "Greek Yoghurt." Allegedly, Anthony Garcia, an employee of Sunflower Markets in New Mexico, was arrested for providing a female shopper a yogurt sample tainted with his semen. The 29 year old victim reported the taste as "gross and disgusting" and spit it out onto the floor. She also apparently told police that it "tasted like semen." It is expected that Garcia, age 32, will plead guilty to federal charges stemming from the incident. However, unless he does plead guilty on October 6, 2011 in U.S. District Court, Garcia is to be presumed innocent.

Garcia faces two-count felony indictment charging him with adulterating food and lying to federal investigators. He initially plead not guilty. He is currently in jail without bail. He could serve up to a maximum of five years in prison on the false statements count and a maximum of three years for the yogurt. Garcia is represented by John Van Butcher. Albuquerque Police Department.

In the meantime, things look bad for Garcia. Subsequent DNA tests apparently confirm semen. Furthermore, Garcia has a history of legal problems. He apparently exposed himself and masturbated in 2001 police believe Garcia outside an apartment complex and LBJ Middle School. In 2004, he was arrested and convicted of walking around Walmart near Interstate 40 for a half hour, with his penis hanging out of his pants. Last year a female jogger accused Garcia of exposing himself. Garcia claimed he was urinating. Garcia is also accused of child molestation before he was hired by Sunflower.

Consequently, the incident may also trigger civil liability. A supermarket manager allegedly told the 29 year old victim that the sample "was a Greek yoghurt. People love it has lot of protein on it.” So far three women, including the 29 year old victim have sued for damages arising out of them allegedly being provided with semen-tainted food samples at Sunflower Markets. Sunflower Markets is founded by Michael Gilliland. Keep in mind, at this point these are merely allegations and nothing is proven until a court hears the case or accepts a plea. In the civil cases, liability is expressly denied unless otherwise proven.

All suspects are Presumed innocent unless otherwise proven in a court of law.

Kelly Armstrong Appears Missing In Kokomo Update 1-10-12

2011-09-28T07:50:00.005-05:00

It is hard to ignore. Sure there is no proof of foul play. Yet something seems "missing." And it is not just the businesses that have closed down in Howard county. No, it seems that some one is missing. Kelly Armstrong, a 27 year-old mother from Kokomo, Indiana has apparently been out of touch with her family for about six weeks according to her sister, Shelly Rush of Logansport. But not everyone thinks anything is wrong. Kelly Armstrong lives with her boyfriend, Travis Funke. Together, they have an eighteen-month-old child. According to Rush, she has been unable to get a definitive answer from Funke as to her sister's whereabouts.

Rush decided to play detective. She visited several of her sister's local hangouts and now believes that nobody has seen Armstrong in about six weeks. Rush even asked Kokomo Police to conduct a welfare check at Armstrong's home. Rush subsequently filed a missing person report. According to Rush, police have not been able to serve Funke with a warrant despite the fact that he is supposed to be home on "house arrest."

In the meantime, Kokomo police are keeping quiet. But that does not require the public to do so. Consequently, if anyone has seen Kelly Armstrong, a 5'2" 120lb woman with the auburn hair and brown eyes, call the Kokomo police at 765-459-5101.

Update 1-10-12: Armstrong has been missing since August of 2011. Authorities have searched Armstrong's home. They apparently found a blood-stain on the carpeting. It is not public knowledge whether the carpet stains are related to Armstrong's disappearance.

In the meantime, Travis Funke is to be presumed innocent of all suspicions other than of being a jerk.