Insurance Companies Cringe As 100 Year Rain Hits South Western Indiana ~by Walter P. Rat

Insurance companies cringe as the hundred year rain devastates South Western Indiana. A hundred year rain is defined as six inches of rain in 24 hours. Vermilion and Vigo County accumulated 6.9 inches of rain in about seven hours. The result is wide scale flooding and power outages. The U.S. Coast Guard and Indiana National Guard are on the scene to help with water rescues from vehicles and homes. This historic flooding continues to ravage portions of central Indiana with many areas praying that levys will hold.

A barrage of thunderstorms early Saturday morning dumped as much as 10 inches of rain on already saturated ground, prompting severe flooding in areas primarily south and west of Indianapolis. The worst of the flooding appears to be in Brown, Morgan, Johnson, Monroe, Shelby, Clay and Vigo counties.

It is now much easier for Midwest residents to understand the suffering of hurricane victims. Many of the affected home owners are without flood insurance.

Should Citizen Apathy And Lack of Sympathy in Hartford Be Held Accountable If Angel Arce Torres (Pedestrian) Dies? by Legal Pub

Should apathy and lack of sympathy in Hartford be punished? Angel Arce Torres, a 78-year-old man was a hit-and-run victim in Hartford, a city of 125,000 people. Torres laid motionless on a busy city street and drivers and pedestrians did nothing! One driver stops then gets back into a line of traffic. Another man on a scooter circles the victim then drives away. Streetlight surveillance captures the disappointing lack of humanity. Police chief Daryl Roberts said, "We no longer have a moral compass.... We have no regard for each other."

Police hope to identify the hit and run driver and make an arrest. But how about arresting the bystanders who did nothing? Angel Arce Torres is in critical condition. If he dies, his blood is not only on the hit and run driver, it is on everyone who did nothing. All that evil needs to succeed is for good people to do nothing.

If anyone saw a tan Toyota with a dark Honda chasing it in Hartford, please contact the Hartford police.

A new James Pence Video appears to be right on point when it comes to apathy and a new form of terrorism. Video

Did Thieves Motivated By Mathematics Steal Crucifix in Detroit? ~ by Legal Pub

Thieves who stole an 8-foot statue of Jesus Christ off a crucifix on the Church of the Messiah in Detroit were most likely mathematics enthusiasts. Why? Well, did you hear the story of the small boy who started third grade at a public school. He was failing math so his mom switched him to another public school. Again he failed third grade math and his mom enrolled him in parochial school. At the end of the semester he had an "A." The mother asked her son why he suddenly did so well at math. The son responded, "when I first went to the school and saw the priest in charge of the school, I saw they had a man nailed to a plus sign. That made it pretty clear that they took math serious at St. Catherine."

Contrary to Legal Pub's theory, police think the thieves may have stolen the statute thinking it contained copper that could be sold as scrap. But that theory is crap because it is made of plaster.

The Rev. Barry Randolph said the statue looks like copper, but it is only plaster. In the past few months, thieves have damaged copper pipes and stolen aluminum gutters at the church. The congregation has dwindled over the years from about 350 members to about 50.
The church has made a public plea for help. "It is so crazy," Randolph said. Yes, Reverend, a crazy way to motivate kids to do better in math.

Should Drew Peterson Move To Dismiss Weapons Charges? Update 7-31-08 by Legal Pub

This is intended for legal scholars. It is not about Stacy Peterson, nor is it about whether D.P. is guilty of murder. A poster questioned whether the weapons charges were legitimate. On or about 5-21-08, Peterson was arrested for having an illegal weapon. The weapon had been seized shortly after Stacy's disappearance. One gun had a barrel 3/16 of an inch too short. D.P. claims he owned this gun while he was a police officer and therefore he should be excused. Charges remain pending. Joel Brodsky issued a press release: "The allegation is that Drew Peterson had ... an AR-15 assault rifle that had too short of a barrel. According to Illinois law, the barrel of a rifle may not be shorter than 16 inches. State police say this particular ... barrel ... was 3/8 of an inch too short. This weapon ... was used by Drew while he was a Bolingbrook, Ill. police officer. Under Illinois state law, police officers are exempt from barrel length requirements for duty weapons... Authorities seized the weapon ... while Drew was a sergeant and a member of the SWAT team... He did not resign until after the weapons were seized..."
Consider the following Motion to Dismiss...

Now comes the Defendant, ... and pursuant to 725 ILCS 5/114-1, and the inherent authority granted under People v. Newberry, 166 Ill. 2d 310 (1995) moves this Court to enter an order dismissing the above referenced charge. In support of this motion the Defendant states:
1. Defendant is charged with Unlawful Use Of A Weapon under 720 ILCS/24(a)(7)(ii), to wit: having possession of a rifle, a Colt Sporter Lightweight AR-15 .223 Caliber Serial# SL025365, with a barrel length less than 16 inches in length on November 1, 2007.
2. On November 1, 2007, there was in full force and effect a law enacted by the Congress of the United States which states at 18 USCS 926B: (Exhibit “A”)
“§ 926B. Carrying of concealed firearms by qualified law enforcement officers (a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b). (b) This section shall not be construed to supersede or limit the laws of any State that--(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or(2) prohibit or restrict the possession of firearms on any State or local government property... (c) As used in this section, the term "qualified law enforcement officer" means an employee of a governmental agency who--(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;(2) is authorized by the agency to carry a firearm;(3) is not the subject of any disciplinary action by the agency;(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and(6) is not prohibited by Federal law from receiving a firearm.(d) The identification... is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.(e) ..."firearm" does not include--(1) any machine gun (as defined in section 5845 of the National Firearms Act [26 USCS § 5845]);(2) any firearm silencer (as defined in section 921 of this title [18 USCS § 921]); and
(3) any destructive device (as defined in section 921 of this title [18 USCS § 921]).”
3. The Law Enforcement Officers Safety Act of 2004, exempts qualified law enforcement officers from the application of state laws regarding carrying of concealed firearms.
4. Drew Peterson was a “qualified law enforcement officer” within the meaning of 18 USC 926B on November 1, 2007.
5. On November 1, 2007, Defendant Drew Peterson had photographic identification issued by the Village Of Bolingbrook Police Department required by 18 USC 926B.
6. The firearm identified in the complaint is not any type excluded by 18 USC 926B(e). It is not a machine gun, does not have a silencer, and is not a destructive device as defined by 18 USC 921.
7. The firearm was shipped or transported in interstate commerce since its manufacture at Colt’s factory in Hartford, Connecticut and its seizure by the Illinois State Police in Will County, Illinois on November 2, 2007.
8. The firearm identified in the complaint is capable of being carried in a concealed manner.
9. That since the enactment of this statute on July 22, 2004, Congress has preempted the laws of the individual states and their political subdivisions concerning law enforcement officers accountability to state and local firearms laws.
10. Congress has made it legal for qualified law enforcement officers to conceal and carry any weapon, (other than a machine gun, a silencer equipped gun, or destructive devise), despite any state or local law to the contrary, preempting and superseding all such state and local laws.
11. As a direct and necessary corollary of the right to carry such a weapon in a concealed manner is the necessary right of the said officers to possess, transport, and store said firearms while they are not carrying them.
12. Therefore, Defendant was entitled by Federal law to carry, possess, transport and store said weapon despite contrary state law.
13. Because of this federal exemption, Defendant is immune from prosecution for Unlawful Use Of A Weapon under 720 ILCS/24(a)(7)(ii) for possession of said weapon on November 1, 2007. This Court lacks jurisdiction to prosecute the Defendant for the state offence of Unlawful Use Of A Weapon under 720 ILCS/24(a)(7)(ii). Consequently, the complaint fails to state an offence for which the Defendant can be charged and convicted.
WHEREFORE, Defendant Drew Peterson prays that this Court enter an order dismissing the the charges against him with prejudice and discharge his bond without further delay.

If Joel A. Brodsky and Andrew Abood file such a motion, should the judge dismiss the charges? What do you think?

Update 7-31-08: Joel Brodsky on behalf of Drew Peterson moved to dismiss the charges based on Law Enforcement Safety Act of 2004 enacted by Congress as 18 U.S.C. Sec. 926b (LEOSA.) On 7-30-08, Circuit Judge Richard C. Schoenstedt ruled that Peterson was a qualified law enforcement officer under LEOSA. He further ruled that the Peterson maintained a right to carry a concealed firearm pursuant to LEOSA. The court did not yet make a definitive ruling on whether Peterson can still be charged with possessing an illegal firearm regardless of the protection he is afforded under LEOSA. Since this was a motion to dismiss a charge pending pursuant to a Bill of Indictment presented by the Grand Jury, "the burden is on the defense to show this Court by a preponderance of the evidence that even taking matters in the best light for the State, as a matter of law the Bill of Indictment is so insufficient that it must be dismissed. For the defense to be successful at this stage, this Court would be required to make certain assumptions on behalf of the defense, and against the State as to the intent and meaning of LEOSA. Given the burden as described, this Court declines to do so. " (In sum, the charge survives for now, but it looks like the State won't be able to meet it burden at trial on the gun charge.)

Update 8-18-10: The UUW Gun case is set for hearings on Peterson's motion to dismiss on Monday August 23

Enough is Enough! $7 Million Dollars To Persecute Polygamist Parents Is Ridiculous! ~ by Legal Pub

Perhaps to no surprise of any lawyer in America (except for Nancy Grace) the children have been returned to their polygamist homes. But at what cost? Removing 460 children from the polygamist compound and then reuniting them with their families ended up costing Texas tax payers $7 million. (Based on estimates from the state Department of Family and Protective Services.) Was it worth it to be so wrong?

Almost any lawyer who has tried CHINS cases anticipated that the children would be ordered to return to their families. After all, this should be the ultimate goal of any such case. However, it occurred earlier than perhaps some anticipated because the Texas Supreme Court found that the state did not have enough evidence to show that abuse was happening at the compound. Despite not having evidence of true abuse, the State continued to fight to retain custody and determine parentage through DNA testing. (One suspects that another motive was for the State to gather DNA evidence to prosecute certain leaders for their polygamist beliefs.)

The $7 million price tag does not include more than $500,000 spent by local government agencies involved in the April 3 raid of the compound owned by the Fundamentalist Church of Jesus Christ of Latter Day Saints. Child welfare officials claim a "pervasive pattern" of sexual abuse through forced marriages between underage girls and older men. On the other hand, members have denied that any sexual abuse occurred. One can only suspect that their is a ring of truth to members claims that they are being unfairly prosecuted because of their religion.

Apparently, legal costs are in excess of $2.2 million. While oil is the toast of Texas, it appears that this is an unnecessary burden on the tax payers of Tom Green County and Schleicher County, where the ranch is located. According to Judge Ben Woodward, neither county has the money to cover the legal costs.

Additional costs were incurred before the Texas 3rd District Court of Appeals. (The appeals court overturned the district court's ruling that the children should remain in state custody.) To show what a huge waste of resources this has been, $7 million would pay for 137 police officers at a salary of $51,060 or it could fund 180 new teachers at the average statewide salary of $38,857. CPS responded to questions of the cost with a statement that CPS "has one purpose in this case: to protect the children. Our goal is to reunite families whenever we can do so and make sure the children will be safe."

But what were they thinking? This was the largest removal of the children in the nation's history. It was their chance to make headlines. And what is the recourse for a wrongful taking? Nothing. CPS is immune. That in and of itself is a source of the problem.

District Judge Barbara Walther, decided last month that the state would retain custody of the children, also ordered DNA testing. Some 599 DNA samples were taken. What was the probable cause for such an order? DNA from only 36 adult males were obtained. CPS will soon have DNA results which one speculates will be given to prosecutors to make their case against key individuals.

The Texas Supreme Court ruled that the state had no right to seize the 460 children. However, CPS, will use other means to monitor the FLDS. Think back to 1953. Arrests of more than 400 FLDS members in Short Creek on the Utah-Arizona state line occurred. About 200 children were snatched from crying parents and placed in foster care. The raid backfired and Governor Pyle was voted out of office in the next election.

Polygamy is wrong. But this country has a Bill of Rights which calls for freedom of religion and separation of Church and State. Our country was founded so that those fleeing religious persecution had a place where they could be free to worship in the religion of their choice. Some where down the road, our local government has become so paternalistic that constitutional issues such as due process of law (innocent until proven guilty) have been abandoned in the pursuit of the greater good. In the words of Patrick Henry, "Is life so dear or peace so sweet as to be purchased at the cost of chains and slavery... I know not what course others may take, but as for me, give me liberty or give me death."

Is Kevin Wayne Faulkner An Innocent CarJacking Victim Falsely Accused Of Murder? ~by Georgia Peach

Kevin Wayne Faulkner, 33, says that he has been falsely accused of fatally shooting a man and dumping his body. Faulkner maintains that he too is a victim. Faulkner apparently did in fact report that his van had been carjacked prior to being arrested on Saturday. (Faulkner is currently held in the Houston County jail without bond. He is charged with felony murder and aggravated assault.) So what exactly happened on the night that the lights went out in Georgia? What we do know is that the body of Emmanuel Antonio Dawson, 22, was found east of the railroad tracks along the shoulder of Houston Road off Ga. 247 on Friday evening. Dawson died of a bullet wound to the head. We also know that early Saturday morning, Faulkner reported to Fort Valley police that a family member's blue Chevrolet conversion van was carjacked in Warner Robins. We also know that the van was discovered at a gas station on U.S. 341 in Fort Valley. It contained traces of blood in the passenger seat. (Is there a gas station video showing who got out of the car?)

Faulkner apparently told police that he was giving Dawson a ride when they stopped at a Warner Robins convenience store. A third person got in the van, and carjacked the vehicle. The carjacker supposedly dropped Faulkner off at a Fort Valley hotel and drove off with Dawson. Police did not buy Faulkner's story and arrested him on Saturday. Faulkner is accused by prosecutors of killing Dawson in a drug-related robbery. (Dawson was killed by a small-caliber bullet to the head.) Speculation is that Dawson was dealing drugs and that Faulkner was a customer. But can that be proved? Is Faulkner's story plausible? If so, did they arrested the wrong guy?

Authorities ask that anyone who may have seen a blue van in Warner Robins, Georgia after 4 p.m. Friday to please contact the sheriff's office at 542-2085 or 542-2080.

Update 4-8-11: Faulkner was arrested May 31. The state is represented by District Attorney George Hartwig. Debra G. Gomez, a Macon attorney, is representing Faulkner. A jury has been selected.

Update 4-9-11: Give the defense some credit for doing their homework. Prentiss Jackson, in jail on a murder charge himself, testified that his half-brother is a cousin of the victim. Jackson testified that while he was incarcerated with Dwayne Crew, he heard Crew say that he (Crew) shot Dawson in the back of the head. If true, reasonable doubt seems to be present. Read: http://www.macon.com/2011/04/08/1518814/wr-murder-case-continues.html#ixzz1J1sc0KpR

A Houston County jury found a Perry man guilty of felony murder in the killing of another man for crack cocaine and cash in 2008. Kevin Wayne Faulkner, 37,  was also found guilty of armed robbery and possession of a firearm during the commission of a crime in the shooting death of Emmanuel Antonio Dawson, 22, of Warner Robins.  He was found not guilty of malice murder, another charge of felony murder and aggravated battery.  Superior Court Judge Katherine K. Lumsden presided over the trial.

In 2014 the Appellate Court affirmed the conviction.

Tatum O'Neal Breaks Down On The Road To Sobriety After Hitting a Crack In New York? ~by Legal Pub

Sobriety can be an elusive target. This may be true for Tatum O'Neal, an Academy Award-winning actress. Tatum was arrested Sunday for allegedly buying crack cocaine in New York. She was charged with criminal possession of a controlled substance. Tatum O'Neal may have an insanity defense. After all, she is the ex-wife of tennis star John McEnroe. (They have three children and one can imagine that they argue every one of their mom's every day rulings in their sibling disputes.)

Unfortunately for Tatum, the 44-year-old actress, wrote a 2004 memoir about her long road to sobriety. One questions if she will write about the latest detour. Apparently in New York crack is so common that possession of a controlled substance is only a misdemeanor.

Did everything happen too fast for Tatum? At 10, she won an Oscar in "Paper Moon."
She is the daughter of actor Ryan O'Neal and seemed to have the world by the tail. Her marriage to McEnroe was perhaps the first hint of bad judgment. Nevertheless, she seemed back on track in 2004 when she wrote of her quest to reach sobriety. Let's hope the sequel will be better then the original.