Did Kate and Gerry McCann Learn That Parents Are Always a Suspect in Every Child Disappearance Case Now? Update: 5-26-10

Kate and Gerry McCann deny any involvement in the disappearance of their daughter Madeleine. After being named by Portuguese police as suspects in their daughters disappearance, the couple flew home from Faro in southern Portugal with their 2-year-old twins. The couple wanted "to consider the events of the last few days, which have been so deeply disturbing."

Portuguese police named the McCanns as suspects in Madeleine's May 3 disappearance, but did not confiscate their passports. Allegedly, forensic testing revealed traces of the child's blood in the McCann vehicle. The traces of blood were missed in previous testing! The McCanns returned home with the consent of the police.

"We have played no part in the disappearance of our lovely daughter Madeleine," Gerry McCann before the family left for their home. The McCanns have not been charged.
The McCanns say Madeleine vanished from a hotel room in southern Portugal while she and her siblings were sleeping. The McCanns at the time were eating at a nearby restaurant. A previous suspect was Robert Murat, a British man who lived near the hotel. Murat was never charged and insists that he was innocent.

"We thought we were in our worst nightmare but now it just keeps getting worse and worse," McCann was quoted as saying in an interview with the Sunday newspaper, The News of the World. (The McCanns are innocent!)

Update: 9-11-07 The story on DNA
Attorney-General, Pinto Monteiro, has met with Carlos Pinto de Abreu, attorney for the McCanns. New searches were to be conducted south of the Ocean Club where Madeleine disappeared. (There is an area of wasteland and a place where roadwork was being performed. The reliability of DNA evidences is directly proportionate to sample size. What is the DNA evidence that has supposedly been found by the Portuguese investigators?
Portugal newspapers have that “biological fluids” with an 80 per cent match to Madeleine’s DNA were found underneath upholstery in the McCanns’ rented Renault Scenic. Sky News claimed an even more reliable DNA sample was found in the car.

So what does the presence of Madeleine's DNA in the car mean? If it was from a hair follicle or skin cells, probably nothing since it could have stuck to the clothes or personal affects of a family member. The most important issue is the size of the sample. A substantial amount of material is less likely to be from accidental contamination.
Can a DNA sample tell if the donor was alive or dead?
A DNA profile generally does not change just because of death. If DNA has degraded, that can be consistent with death but it may also be due to exposure to the elements.
What is the significance of an 80% match?
That means only 16 of the 20 markers usually used for such analysis matched. Also, twins Sean and Amelie could share a high percentage of the same DNA characteristics. (All three children were apparently born through IVF and it is unknown whether the couple’s sperm and eggs were used.) An 80% match does not mean much in the scientific world. Stay tuned...
9-17-07 Update: Richard Branson, chairman of Virgin Group, pledged $200,000 on Sunday to help the British couple attempt to clear their name. Charges have never been filed!
9-26-07 Update: Does the photo taken in Morocco show Madeleine McCann? The photo was taken in a place about 210 miles from where Madeleine was last seen.

10-8-07 Update: The McCanns have apparently hired their own DNA expert to review the DNA evidence found in the vehicle. The Government is apparently claiming a DNA match as high as 97% but it is not clear what sample size was used. An innocent hair sample might account for a 99.9% match but mean little since it could have been transported on the clothing of the defendants. In the meantime, British and Spanish reporters claim to have found the girl suspected of being Madeleine McCann. London's Evening Standard claims the girl is actually a 5-year-old from the village of Zinat in Morocco.

Update 11-8-07 Apparently beautiful, Kate McCann, 39, was named an official suspect by the Portuguse police so that they could question her according to family spokeswoman, Justine McGuinness. (She is beautiful, who would not want to question her?) Police allege that blood found in a car used by the McCann's 25 days after Madeleine was taken is grounds for their suspicion. McCann was apparently questioned for 11 hours. Gerry McCann, who, like his wife, is a doctor, was also to be questioned. Gerry McCann's sister, Philomena, told ITV news that Kate McCann has been offered a plea of two years or less in jail if she admits to accidentally poisoning the child according to ABC News . Don't look for a confession she is innocent!
Update 11-29-07 Preliminary results of U.K. DNA analysis apparently remains inconclusive. No complete DNA profiles implicate the McCanns.... Tests are still underway and if they are also inconclusive, the case against the McCanns should disappear. In related news, ex-cop Danie Krugel tracked a "forensic route" he believed her kidnapper took from the family's Portuguese apartment through alleyways, roads and paths down to a nearby beach. He used dna and G.P.S. positioning to attempt to plot the abductors route. His findings may support the theory that Madeleine was taken out to sea by boat.
Update 2-21-08: Reports of spotting Madeleine alive in France turned out to not be accurate!

Update 8-6-08: The McCanns are no longer suspects according to the Portuguese police. (They should have listened to Legal Pub along time ago!) Britain's Daily Telegraph and The Sun newspapers both reported that an email obtained by the Portuguese investigators revealed a possible connection between Madeleine's disappearance and a pedophile ring. The email was from a London-based Metropolitan Police intelligence officer to Leicestershire police and states: "intelligence suggests that a pedophile ring in Belgium made an order for a young girl three days before Madeleine McCann was taken."

Update 2-26-10: Carlos Moreira, 65, claims that on the morning of May 4, 2007, he witnessed a blond girl sitting in the back of a truck, wearing pajamas similar to what Madeleine wore. Madeleine vanished from her family's holiday suite in southern Portugal. Kate and Gerry McCann both told police they left their three children sleeping in the hotel while they dined at a nearby restaurant. They returned to find their twins, Sean and Amelie, asleep, but Madeleine, almost 4 years old was gone. Will this develop into a lead?

Hallmarks "That's Hot" Paris Hilton Satirical Card A Commercial Appropriation of Identity?

First, Paris is hot. (This time of year it is in the 90's.) Paris Hilton not only has sizzling looks, but she also apparently has a temper. Hilton is suing over a Hallmark card that uses her picture and the catchphrase "That's hot." Hilton suit against Hallmark Cards Inc. in U.S. District Court seeks an injunction and unspecified damages. The card, "Paris's First Day as a Waitress" depicts Hilton's face on a cartoon waitress serving a customer. "Don't touch that, it's hot," says the cartoon waitress.
Hilton owns the trademark "That's hot," since Feb. 13, 2007. (Paris, waitresses have been saying this ever since I can remember!)

Hilton claims commercial appropriation of identity, invasion of privacy, misappropriation of publicity, false representation that Hilton endorses the product, and infringement of a federally registered trademark.
Damages would be calculated from profits on the $2.49 cards. Hilton is represented by an excellent attorney, Brent Blakely.

Hallmark claims the card is a parody, which is normally protected under fair-use law according to Hallmark spokeswoman Julie O'Dell. "These cards take a satirical look at news and gossip surrounding these public figures, including Paris Hilton, and we do not believe Hallmark has violated any of Ms. Hilton's rights."

Paris, even if you win the lawsuit, your entitlement to the profits may be offset by the increased value it brings to your popularity. One would think you might be honored by the card which is in the collection of those with other famous figures. You might want to consider taking your new alcohol free lifestyle and getting some publicity through some charity work. It is not like you need the money right now...

Update 9-11-09: Paris once again demonstrates that she has brains (as well as a good legal team) and beauty. A recent hearing in California before three judges at the 9th Circuit Court of Appeals granted Hilton the opportunity to pursue her case against the company. The panel recected Hallmark's claim that the cartoon was of a generic woman and not Paris Hilton. Judge Diarmuid O'Scannlain said, "The basic setting is the same: we see Paris Hilton, born to privilege, working as a waitress. (Hilton) has at least some probability of prevailing on the merits before a trier of fact."

Surfer, Emery Kauanui Jr. (Flying Hawaiian) Dies in Atttack... Update 9-6-08

Pub talk turns to another surfer who was attacked and this poor soul died. But it was not another shark attack. This time it was one or more persons who apparently killed Emery Kauanui Jr., a professional surfer. The initial arraignment for those charged was scheduled for Sept. 10.

Allegedly, four young men who the press have apparently labeled the Bird Rock Bandits (a local gang or group of friends depending on who you talk to) were accused of being responsible for the beating of Emery Kauanui Jr. on May 24 in La Jolla. Kauanui, 24, apparently died four days after the fight on May 28. Seth Cravens, 21; Eric House, 20; Matthew Yanke, 21; and Orlando Osuna, 22, are all initially charged in connection with the beating. All have pleaded not guilty. Initially, Kauanui and Eric House fought. But Seth Cravens apparently delivered the fatal blow to Kauanui after the fight between Kauanui and House had apparently ended.

The dispute began back at a night club. Genny Grosso, was an ex girl friend of Emery. She apparently asks him to go to the bar. When he does,Genny speaks to Eric House. Emery apparently got jealous and spilled a beer on Eric. (Whether it was intentional or accidental as reported by NBCSandiego.com is disputed.) The two young men are thrown out of the bar.
Kauanui left the club and was driven home by Genny. Cravens, Osuna, House and Yanke apparently followed Kauanui to his home. (Emery apparently called House or visa versa. Either way, a fight was arranged.)

When House arrived, he was encouraged to fight Kauanui. Kauanui came out of the house and by most accounts, Emery Kauanui beat Eric House in the fight. House lost one of his teeth. The fight apparently was over at that point. Hank Hendricks may have pulled Genny off of Kauanui and House when they were on the ground. Apparently as Kauanui and House were getting up off the ground, Cravens punched Kauanui. According to witnesses, the punch from Cravens apparently knocked Emery Kauanui into a tree. (Cravens has a reputation of being a real strong guy with a devastating punch.) Four of the young men left the scene. House remained at the scene looking for his tooth. Kauanui was taken to a hospital where it was initially thought that he would be okay. Unfortunately, Emery Kauanui's condition deteriorated and he died four days later. Criminal cases are still pending against all five young men. All but one of the five charged is out on bond. All five have plead not guilty.

Update 5-20-08 Preliminary hearings are determining whether there is enough evidence to try these young men as a gang. The comments below contain summaries of some of the testimony. Cravens may have been the only "gang want to be."

Update 6-21-08: Judge Einhorn decided on May 22, 2008 that these five did not constitute a criminal street gang. Like it or not, he is not going to change his mind. These five will be tried as individuals and not as a gang.

Legal Pub reminds everyone that all suspects are innocent until proven guilty. Until there is a trial, no one knows who, if anyone, is guilty.

Update 6-30-08: Eric House, 21; Orlando Osuna, 23; and Matthew Yanke, 21; plead guilty to involuntary manslaughter and misdemeanor battery. Henri "Hank" Hendricks, 22, plead guilty to a felony of being an accessory after the fact. It is believed that the charge will be reduced to a misdemeanor. Seth Cravens, 22, re-entered a not-guilty plea after his attorney rejected a plea offer from prosecutors. Back in May, Judge Einhorn found the men could not be prosecuted under gang statutes because the group wasn't formed specifically to commit crimes.

May these young men learn from their mistakes and may Emery R.I.P.

Update 9-6-08: Co-defendants, Eric Matthew House, left, Hank Hendricks and Orlando Sandoval Osuna were sentenced on Friday, Sept. 5, 2008 in San Diego. The four have been sentenced to between 90 and 349 days in jail for their respective roles in the death of Emery Kauanui. Hank Hendricks sentence was the least do to his limited role. He will spend up to 90 days in jail. Hopefully these young men grow from this awful experience and that Emery Kauanui's death serves to educate others about the senselessness of violence.

Update 11-7-08: Mary Ellen Attridge, Cravens attorney argued that there was no evidence that the right-handed Cravens knew that one punch with his left hand could kill someone. Deputy District Attorney Sophia Roach argued that there was evidence of a group beating. She argued there was some evidence of kicking and hitting, that culminated in Kauanui being hit by "an incredibly forceful blow" to the head. Cravens is charged with voluntary manslaughter and involuntary manslaughter. Closing arguments were held today.

Update November 18, 2008: Superior Court Judge John Einhorn read the jury's guilty verdict for most of the charges against Seth Cravens, including 2nd degree murder. Cravens will next appear at a sentencing hearing scheduled for January 12, 2009.

Searching for Larry Craig's Smoking Gun (Piece of Toilet Paper) May Take More Than A New Toyota Tundra With Navigation System

In the quest to cover stories of interest, Legal Pub's journey sometimes take us coast to coast in search of facts and opinions. Fortunately, sometimes information can be obtained fr0m a local trip to libraries or computer data bases. This takes time and sometimes it takes reliable transportation. For example, now that Larry Craig is seeking to withdraw his guilty plea, fellow Republicans and news people are now diligently scrambling to discover the "piece of toilet paper" that Craig was allegedly trying to pick up when he was busted in the bathroom sex sting. Craig now says he may not resign if he can withdraw his guilty plea. The ethics committee is continuing to investigate the complaint against Craig. While Legal Pub may not find the "infamous piece of toilet paper" this author now has reliable personal transportation and a navigation device to help with the search.

Thanks to contributors like Surfer Dude, Ms. Calabaza, Colleency, didyoustoptothink (Ian Coburn), L.S., Ralph, Ron, Blond Bombshell, Iron Mike, Secret L.A. Reader and hundreds of emails, the information keeps pouring in for the benefit of our readers. A similar contribution was made possible by Bruce Andree of O'Brian Motors in Urbana, Illinois. Thanks to Bruce, Legal Pub had the opportunity of reviewing the new Toyota Tundra Crew Cab Limited. The full size truck was equipped with a navigation system and back up camera. The navigation system is excellent in helping find almost any location (but still no luck in locating the piece of toilet paper Senator Craig was bending down to pick up when he put his hand under officer Karsnia's bathroom stall.) Court houses, liabraries and even air port bathrooms show up in the navigation system but the toilet paper did not!

The back up camera is wonderful and truly promotes safety. Suppose scantily clad Tiger Time Lawn care mowers are performing duties in their bikinis in your yard. What a great way to keep them in focus while backing up without getting slapped by your significant other. After driving the truck, the decision to buy one was a no brainer. Literally, even a pro wrestler whose pathology reports come back showing as much post concussion brain damage as Chris Benoit would recognize this truck as the top dog in it's class. Curtain side air bags, stability control, back up camera and hands free cell phone operation all make driving a little bit safer. While the process began with researching the truck for purposes of a review, Bruce Andree and Jim Turner of O'Brian Motors gave me such a great deal purchase of the truck was inevitable.

If you are ever in the midwest and are interested in a vehicle, ask for Bruce Andree. Mention Legal Pub and I am confident that he will do you right.
( Legal Pub does not accept advertising and it's editors have no financial interest in Toyota, O'Brian Motors or any other car dealership.)

Just When We Thought Our Children Were Safe, Mattel Recalls More Toys.

I have always advocated that boys should not play with Barbie Dolls. Now the The Consumer Product Safety Commission, in cooperation with Mattel, may agree and extend the warning to both boys and girls when it comes to certain toys manufactured in China. Mattel is recalling 844,000 toys that contain excessive levels of lead paint. This is the third such recall of Chinese-manufactured toys by Mattel. Mattel apologized to consumers and said that it is investigating its vendors and testing its toys. 11 additional types of toys had been discovered that needed to be recalled.

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"We've promised consumers that we'd tell them efficiently and openly if we found any additional affected toys, and that is what we are doing today," said Mattel.

Three Fisher-Price brand toys and various Barbie accessory were recalled, with Barbie toys being the majority of the affected toys. (No Barbie dolls were actually recalled.)

Mattel also recalled 8,900 units of Big Big World 6-in-1 Bongo Band toys and 90,000 units of Geo Trax Locomotive Toys, all manufactured in China in 2006 and 2007.

Blame Rising Crime and Violence on Hip Hop Music?

In Colorado Springs, the police are blaming rising violence on Hip Hop Music and they want to do something about it. Are popular songs like "No Problem" by Lil Scrappy, inspiring violence? Lil Scrappy raps, "But you don’t want no problem, problem." Clubs formerly found in New York, Chicago, Memphis, Oakland, are now everywhere. But after a rise in shootings and murders, the police are blaming gangsta rap for violence and rising gang membership.Colorado Springs police publicly condemned the music in a news release after a killing in July. They have warned nightclub owners that their places might not be safe if they play gangsta rap. "We don’t want to broad-brush hip-hop music altogether... but we're looking at a sub component that typically glorifies, promotes criminal behavior and demeans women,” said Lt. Skip Arms. Club owners such as James Baldrick, who runs Dirty Limelight, apparently finds the city's conduct discriminatory as it is disproportionately affects Hispanics and African Americans. There have been 19 homicides in Colorado Springs in 2007 compared with 15 in 2006. On April 17, a stray bullet killed a man during a fight between two groups who had left Eden Nite Club. After a fight at a local concert on Memorial Day, a man was killed in a nearby liquor store parking lot. On July 9, Diontea Jackson-Forrest, a football star, was shot and killed. The suspect was involved in an altercation at Eden before the shooting.

Every Day is Labor Day When It Comes to the Labor of Love

When it come to Love, every day is Labor Day. The inevitable push-pull between man and woman is perhaps exemplified by a joke courtesy of regular poster Surfer Dude.


Husband: Please.

Wife: Leave me alone!
Husband: It won't take long.
Wife: I won't be able to sleep afterwards.
Husband: I can't sleep without it.
Wife: Why do you insist on such things?
Husband: Because I'm Hot.
Wife: You get hot at the darnedest times.
Husband: If you love me I wouldn't have to beg you.
Wife: If you love me you'd be more considerate.
Husband: You don't love me anymore.
Wife: Yes I do, but now is not the right time.
Husband: Please...come on
Wife: Alright, I'll do it.
Husband: What's the matter?
Wife: I can't find it.
Husband: Oh, for heaven's sake, feel for it!
Wife: There! Are you satisfied?
Husband: Oh, yes.
Wife: Is it up far enough?
Husband: Yes, that's good.

Wife: Now go to sleep and from now on when you want the window open, get up and do it yourself.

Need more proof? In Moscow, a woman set fire to her ex husbands penis as he sat naked watching T.V. The couple had been divorced for 3 years but continued to live in the same residence. From his hospital bed, the man described his pain and described his burning member as looking like a torch. Ah yes, back in the U.S.S.R. boys, you do not know how lucky y0u are boys. Back. Back. Back in the U.S.S. R.