Depressed Markets Top ACORN Investigations

Okay, it's officially an opportunity! When the market is down, your monthly pension contribution buys more. The Dow has declined nearly 40 % since its all time high last year. But if you haven't sold, you haven't lost anything. In fact, if you are fortunate enough to be 10 years away from retirement, this is the time to become financially secure. Buying discounted index funds in times or market depressed stocks can translate into a comfortable retirement. For those at or close to retirement, hopefully you had a large % in cds. An example of the current times is the $42 million dollar Mega Millions jackpot in Michigan. He is considering taking the money in installments rather than getting a smaller, one-time cash payment. State lottery spokeswoman Andi Brancato thinks that may be a first since the game was launched in 2002.
Hang in there. Even if the market falls below 7,800, it will be back. Think of a fire sale and keep investing in your 401 k's and IRAs.

Now for the article. ACORN. ACORN in Indiana. The investigation continues. A preliminary investigation has uncovered approximately 2,000 improper voter registrations in Indiana. Many of these names appear to be dead people. How could a Republican state like Indiana turn democrat so quickly? Perhaps it is more than Obama's charisma. Perhaps it is not. Obama has nothing to do with possible improprieties allegedly associated with ACORN. But it does serve to remind everyone that improper means never justify the ends. Obama will win in 2008. But his supporters should want to win the right way.

Even Democrats are wary that the sheer size of ACORN's operation lends itself to control issues. Huge numbers of new voters are entering the system. The vast majority are Democrats. While technically ACORN's voter reg. projects are non-partisan, they help Democrats disproportionately.

ACORN is also being investigated in Nevada. Allegedly members of the Dallas Cowboys football team were allegedly registered to vote in Nevada. Where will it all stop?

A House Divided That Still Stands! Does Wesley Powell Serve As An Example That The Ignorance Of Prejudice Still Remains?

Divorce shatters lives. It splits homes. Sometimes literally. A Cambodian couple who separated after 40 years of marriage literally split their household in two. (The husband cut the house in half!) The story has been written by May Titthara for The Phnom Penh Post, an English- newspaper in Cambodia. The remaining half of the house is in Prey Veng province of southern Cambodia. Reportedly, the husband and his friends moved his belongings to one side of the house and sawed off the other side. The divorce did not follow the appropriate steps but was effective nonetheless. The wife continues to reside in her half of the home.

On a less pleasant note, a reader has sent in a link to a police video in which the officer apparently makes some racial derogatory comments. Just when you think society has outgrown such distasteful behavior. The Georgia police officer, Wesley Powell, resigned after authorities discovered the profanity, sexual comments and racial slurs. For those interested here is the link: OFFENSIVE COMMENTS.

Skylar Deleon Faces Possible Death Sentence For Murders of Jackie and Tom Hawks Update 10-21-08

It does not seem like much of a defense. But maybe California is different then the Midwest.
Gary Pohlson, the attorney for Skylar Deleon, a former child actor, said his client is guilty of three murders but should not be put to death. Wow. Skylar is accused of throwing Jackie and Tom Hawks off their yacht bound to an anchor. Their yacht, was called the "Well Deserved" but I doubt that figures into the defense strategy.

Pohlson's 15-minute opening statement apparently was designed to prevent the death penalty. But saying, "Skylar is guilty of all three murders" may still be controversial. A concession is not necessarily a guilty plea; however, it may be a distinction without a difference. Pohlson said his client should not face the death penalty because others involved will have different outcomes of their cases. He urged life in prison.

Deleon is accused of killing Tom and Jackie Hawks in 2004 to steal their yacht. He also allegedly killed another man from whom he stole thousands in 2003. Skylar has pleaded not guilty to murder and murder for financial gain. The fall from fame may not have been so far as Skylar imagined. Deleon, 29, allegedly boasted that he was a star on the "Mighty Morphin Power Rangers." However, the best Legal Pub can discover is that he apparently only appeared in one episode. Apparently, Deleon and his former wife, Jennifer Henderson, had a great deal of debt and a bank account containing only $2,619 on the day of the cruise. Orange County prosecutor Matt Murphy told jurors the couple took a cruise showing off their yacht to a possible buyer. According to the prosecution, the couple ended up "begging for their lives." Prosecutors are seeking the death penalty. Henderson was convicted in 2006 of murder for financial gain for her role in the deaths. She is serving two terms of life in prison without parole. Three other men have pleaded not guilty to murder and murder for financial gain and will be tried at a later date.

Deleon also allegedly murdered a man he met in a work furlough program in 2003. Murphy said Deleon got $50,000 from John Jarvi, then drove to Mexico where he slashed Jarvi's throat and dumped his body. Not a favorable fact scenario. While Deleon and the others are presumed innocent until proven guilty, after the opening statements, that presumption as to Deleon may not last for much longer.
Update 10-21-08: Surprise. Surprise. An Orange County California jury has convicted Skylar Deleon of murdering three people, including Mr. and Mrs. Hawks. Deleon was found guilty of three counts of first-degree murder and special circumstances for financial gain and multiple victims. Deleon could be sentenced to death.

Woodstock Residence Suspicious Deaths Bring Back Memories of Orville Lynn Majors The So Called Angel of Death

Ms. Calabaza sent a story about some suspicious deaths in a Woodstock nursing home in Illinois. It brought back memories of a male nurse accused of killing residence in an Indiana town. Orville Lynn Majors in the mid 90's was accused of being "the Angel of Death." Majors, now 48, was a licensed practical nurse in the western portion of Indiana. The Linton, Indiana man (who worked at a hospital in Clinton, Indiana) was convicted of murdering patients at Vermillion County Hospital. He was only tried for six murders: however, he may have been involved in as many as 130 deaths between 1993 and 1995. Prosecution.

Prior to the Majors employment at Vermillion County Hospital, around 26 patients died annually. After Majors began caring for patients, the annual death rate increased to more than 100 per year. (More than one out of every four patients admitted to the hospital died. Almost twice as many patients died when Majors was on duty than with any other nurses.
Majors was the only treating nurse present with seven of the patients who died. Majors was accused of injecting potassium chloride into his patients. The license of Majors was suspended in 1995. In 1999, Majors was found guilty of murdering six patients, and was sentenced to 360 years in prison.

Recently, in McHenry County, publicity of five suspicious deaths at a nursing home, have raised public concern. Woodstock Residence, a McHenry County Nursing home, recently fined nearly $360,000 after regulators alleged that an employee used drug cocktails to ensure residents "would not be bothering her during her shift." The Illinois Department of Public Health concluded that use of drugs like morphine sulfate contributed to 5 deaths in 2006 at the facility. "She won't make it through the day," Marty Himebaugh, a 57 year old worker, allegedly told a co-worker. (Illinois state law prohibits using drugs to discipline nursing home patients or use of drugs for staff convenience.)

Himebaugh, a licensed practical nurse at Woodstock Residence, was fired Oct. 31, 2006. Himebaugh and Penny Whitlock, 59, the former director of nursing at the facility, were indicted in April on criminal charges alleging they endangered the lives of residents. They were not charged with directly causing resident deaths. Prosecutors believed there was not enough evidence to prove any of the patients were killed. (Himebaugh and Whitlock are pictured above courtesy of the Chicago Tribune.)

Himebaugh was charged with four counts of criminal neglect of a long-term care resident, one count of obtaining morphine by fraud and one count of unlawful distribution of a controlled substance.Whitlock of Woodstock was charged with five counts of criminal neglect of a long-term care resident and two counts of obstructing justice. Both women have pleaded not guilty and are presumed to be innocent unless otherwise proved in a court of law!

Woodstock, now Crossroads Care Center of Woodstock is appealing the fines. The facility is represented by attorney Meyer Magence.

Like the Majors case, civil litigation seeking monetary compensation has apparently been filed against woodstock. LINK.

Michelle Allen Arrested For Clowning Around As A Cow?

Michelle Allen apparently made a mistake. Besides having horrible taste in attire, Allen is accused of public intoxication while chasing children and urinating on a neighbors garden. She was arrested in Ohio on September 27, 2008. The above photo is her mug shot. While milk may be good food, it apparently does not mix with alcohol. No one was injured in the incident and of course Allen is presumed to be innocent of all charges.

Mixed Martial Artist Benji Radach K.O.s Man Assaulting Restaurant Employee Whereas Consequences of An Accident May K.O. Ambiorix Burgos

Watching a mixed martial arts contest at BW3s, a comment was overheard saying, "all that fighting is just a waste." Well, maybe not. Benji Radach is a mixed martial artist. MMA. He has a fight coming up with Murilo "Ninja" Rua this Saturday. The purpose of this article is not to plug the Radach fight. Rather it is to share Radach's dinner time story. Apparantly, (once upon a time), Radach was dining at Elmer's Restaurant in Vancouver. Radach saw a man pointing a gun in the face of the counter attendant. So, Radach grabbed the robber's wrist and punched him in the face. Radach interview. Witnesses to this incident include Dennis Hallman, Radach's girlfriend and her sister. "...I just aggressively walked up quietly and fast and grabbed the gun out of her face and wrist-locked him to his back and dropped one big right hand and fractured his jaw and knocked him unconscious and moved him off to the side and saved the day."

If the surveillance camera videotape that if discovered would probably make some money on pay per view! Congratulations Benji!

A contrary example of an athletes behavior in public may be New York Mets pitcher Ambiorix Burgos. Burgos was allegedly driving an SUV when it slammed into two women who later died of their injuries. Burgos may be in big trouble.

Polygraph Questions And Answers With Legal Pub

Reader: Legal Pub, You have tried many jury trials. How is it that you have developed a knack for deciding whether a witness is telling the truth?

Legal Pub: First, thanks for the question. Second, contrary to popular belief, lawyers do not always know whether a witness is telling the truth unless they have impeachment evidence available for contradiction. Impeachment evidence in the form of prior statements or physical evidence is demonstrative evidence of fabrication. Without such concrete evidence, the discussion turns to nonverbal communication which is not always reliable.

The first nonverbal signs often discussed in criminal cases is polygraphs. Unfortunately, the polygraph is not as reliable as many people think. The so called lie detector test measures nonverbal signals such as increased perspiration, increased heart rate, blood pressure, changes in respiration, voice inflection, and/or skin conductivity to identify signs consistent with fabrication. Some polygraphs now measure changes in the pupil thought to correspond with not telling the truth. Other non verbal signs include failure of the witness to look the cross examiner in the eyes. Pupil dilation may also give a clue to the veracity of ones statement. However, like a polygraph, the reliability of such findings is questionable.

Reader: How reliable are polygraphs?

Legal Pub: In my view, they are not reliable and a client should not submit to a lie detector test even if he is innocent because scientific data calls into question the reliability of polygraphs. ("Scientific Validity of Polygraph Testing: A Research Review and Evaluation". Washington, D. C.: U.S. Congress Office of Technology Assessment (1983). ) Advocates may argue that the test is 90% - 95% reliable, but too often the polygraph is just a means to launch an aggressive interrogation. In 1997, 421 psychologists concluded that the accuracy of polygraphs is about 61%. (USA Today LINK).

Our Supreme Court in United States v. Scheffer, concluded: “There is simply no consensus that polygraph evidence is reliable” and “Unlike other expert witnesses who testify about factual matters outside the jurors' knowledge, such as the analysis of fingerprints, ballistics, or DNA found at a crime scene, a polygraph expert can supply the jury only with another opinion...”. An Also, in 2005 the 11th Circuit Court of Appeals stated that “polygraphy did not enjoy general acceptance from the scientific community."United States v. Henderson (May 23 2005).

False positives on innocent people remains a genuine concern. .William G. Iacono, from the University of Minnesota, published a paper titled “Forensic “Lie Detection": Procedures Without Scientific Basis” which concludes that polygraphs may be useful as a tool to induce confessions; however, it not a scientifically credible test.

Polygraph testimony can be admitted by stipulation in many states. Daubert v. Merrell Dow Pharmaceuticals (1993) provides the standard for admitting such evidence if the "underlying reasoning or methodology is scientifically valid and properly can be applied to the facts at issue." Currently no state can force a defendant or witness to undergo a polygraph. In Massachusetts, Maryland, New Jersey, Delaware and Iowa an employer may not require a polygraph either as conditions to gain employment or as a condition to remain employed. The Employee Polygraph Protection Act of 1988 (EPPA) is generally in accord.

Reader: So what is a lawyer to do?

Legal Pub: Ultimately, the real finder of truth is a jury or judge.