Well, All We Can Say Is That's Kentucky ~ by Legal Pub

 Coots have been accused of being Kooks before the latest incident! The responses has always been, "well this is Kentucky." The recent death of Jamie Coots, the "snake-handling" pastor, in Kentucky has raised the constitutional issue of separation of church and state.  Jamie Coots was a pastor at the Full Gospel Tabernacle in Jesus Name in Middlesboro, Kentucky. Coots died after being bitten by a rattlesnake during a weekend church service.  Coots was handling rattlesnakes as part of the celebration.  It is expected that the late pastor's son Cody Coots plans to carry on the tradition.

"And these signs shall follow them that believe; In my name shall they cast out devils; they shall speak with new tongues; They shall take up serpents; and if they drink any deadly thing, it shall not hurt them; they shall lay hands on the sick, and they shall recover."

Mark 16:17-18

If Mark's portion of the Bible tells folks to handle serpants, should it be legal to do so? Members of the Pentecostal Church of God apparently think so. Is dancing with poisonous snakes during church services. and worse than Kevin Costner in Dancing With Wolves?  If bit, do the faithful have a right to rely on God to heal them?  The Commonwealth of Kentucky seems to say snake handling is illegal.  KRS §437.060 state that any person who displays, handles or uses a snake in connection with any religious gathering shall be fined $50 to 100. So the Kentucky legislature says poisonous snake-handling is illegal but we won't slap you with a penalty as severe as the bite.  Sounds like a speeding ticket or an overdue library book fine, if  you ask us here at Legal Pub. To us the real question is whether a state has authority to regulate a practice that is primarily faith-based. Our Constitution's First Amendment states: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." The 14th

Does Kentucky have the power to regulate religious activity under the police power of a state? Some conduct can be regulated for the protection of society. In Lawson v. Commonwealth, Kentucky's Supreme Court considered the snake-handling statute and held that the state could properly regulate the time, place and manner of religious exercise where the regulation is necessary for the safeguarding of the health, good order and comfort of the community. In other words, if Kentucky folks are dumb enough to be around snakes, then we may just fine them one handful grab into the Sunday collection plate.

Woody Allen... Funny or a Total Joke? ~by Legal Pub

Woody Allen is no stranger to laughter.  After all, Allen was once considered a rising actor whose movies almost guaranteed delivery of levity to the audience.  Now it seems, that Allen himself is the but of jokes.  Although any statute of limitations has run on possible criminal prosecution, Allen apparently remains convicted in the court of public opinion.

How shocked were you when Dylan Farrow alleged that Woody Allen sexually abused her in 1992?  No criminal charges were ever brought against the appropriately named "Woody;" however, the gossip never subsided.   Allen recently attended a matinee of the Broadway show “After Midnight.” Despite Allen's wife Soon-Yi Previn and their two daughters being present, old "Woody" was the butt of an audience member joking,  "I think he did it!”

Woody Allen apparently ignored the comment and went about his business. Perhaps memory of the allegations would have faded but for Dylan writing an open letter in the New York Times just 13 days before Valentines Day. The letter alleged that Allen had molested her when she was seven years old. Allen wrote his own rebuttal for the Times the following week in which he stated that this would be his "final word" on the subject.  Despite the rebuttal, Dylan subsequently published an essay in The Hollywood Reporter which in essence called Allen's rebuttal "outright lies." 

So what remains of Woody Allen's legacy?  Time will only tell... or the next person to publish another story.

A Time To Kill? More Than A Movie... ~by Legal Pub

The issue of flying unmanned drones to kill enemies is controversial but flying manned air planes to kill is not? Sometimes the whole rhetorical debates lack the insight of commons sense.  Killing is killing.  It is either justified or it is not! Fast forward to the latest dilemma. An American is overseas.  He is an active card carrying member of al-Qaida. This individual is openly planning attacks against Americans overseas.  Yet the Obama administration is wrestling with whether to kill him with a drone or with armed soldiers.  (Photo Courtesy of AP)

Drones seem more efficient; however, under its new stricter targeting policy issued last year, is it legal?
The CIA drones can monitor him but as he laughs at the cameras they can do nothing because he is a U.S. citizen.   The Justice Department is trying to build a case against him while he plans to kill others. The American citizen turned terrorist is allegedly in a country that refuses U.S. military action on its soil.  That particular country has made no effort to go after the suspect. President Barack Obama's new policy mandates that suspected terrorists overseas can only be killed by the military. That means no CIA intervention.  It also probably means no punishing the terrorist.

The suspect is an al-Qaida facilitator.  He has been associated with deadly attacks against U.S. citizens overseas.  He continues to openly plan attacks against citizens overseas using explosive devices as a means of terror.  Yet the Defense Department debates whether the man is dangerous enough to merit the bad publicity of  killing an American without due process of law and the potential international fallout.  At least one member of the Pentagon recommend lethal action; however, one is not enough. The suspected terrorist is well-guarded and in a fairly remote location.  Any half ass attempt by our military would b dangerous and not likely successful. Consequently, the suspect smiles at the unarmed CIA drones as they fly by and defiantly communicates non-verbally with the middle digit of his left hand. The suspect is a little bit too comfortable under the current policy against drone strikes.  Perhaps it's time to use an unbanned technique of law enforcement like the smart bullet that travels around obstacles. Perhaps the bullet could be rhetrofitted with a powerful sedative that could induce a Rip Van Winkle sleep instead of death. Then in 20 years when he awakes he can plead the statute of limitations defense in court.

Raul Ochoa Apparently Needs To Learn That Incest Is Not Best! `by Legal Pub

Raul Ochoa is a 52 year-old California man with a major problem.  Ochoa admitted last week to enslaving a close relative as a "sex slave."  Apparently Ochoa has been satisfying his desires by sexually taking liberties with a developmentally disabled relative for 14 years. The victim is now reported to be around 28 years old.  The abuse started at age 13.  Ouch Ochoa, ouch! This one is going to leave a mark... a permanent mark on your criminal record.

Ochoa entered a plea deal last week which will require him to serve up to 22 years in jail.  The advantages of the plea is that his victim won't have to go through the trauma of testifying at trial. The victim was 13 when she was first abused by Ochoa. The abuse apparently came to the attention of authorities when the victim escaped in 2012.  Only recently has the media publicized this tragic case.  Mercury News .

Ochoa and the girl apparently built a plywood shed in the backyard. The shed was subsequently used as a place to sexually abuse the young lady.  Ochoa also had the victim working for his landscaping firm.  She was home schooled and generally kept away from socializing. Reportedly, Ochoa raped the girl in the shed tow or three times a week.  He prevented her from leaving the house without his supervision and he monitored her cellphone and texts.  Both Ochoa's wife and the girl apparently were physically abused.  It is not known if Ochoa's wife or any of the other children in the household knew of the sexual abuse.

Ochoa allegedly telephoned the victim from jail to persuade her not to cooperate with police. Ochoa's mother may also have been asked to speak with the victim.  "(Ochoa's mother) is trying to track me down and intimidate me into saying that I lied... (Ochoa) has convinced her that I lied about the abuse. Both (Ochoa) and (Ochoa's mother) believe that if I do not cooperate, the criminal case will be dismissed," the victim wrote in a restraining order petition.

A new restraining order prevents Ochoa from contacting the victim or three of her relatives.  The victim was allegedly subjected to repeated sexual and physical abuse from 1999 until 2012.  Allegedly, "...through the use of emotional and psychological pressure as well as sexual abuse, forced to participate in horrific acts for an extended period of time," according to Deputy District Attorney Ryan Wagner.  For more information see: KTRK reports 

Cop Shoots Fellow BART Officer ~by Legal Pub

The job of a law enforcement officer is tough enough without worrying about friendly fire.  That applies to all law enforcement including Bay Area Rapid Transit police in California. Nevertheless, Tom Smith, a Bay Area Rapid Transit police officer is accidentally shot and killed by a fellow officer Tuesday. Apparently, the officers were conducting a search at a home in the East Bay city of Dublin, CA when the accident occurred around 2 p.m. BART Police officers were following up on a crime that was committed at an apartment in Dublin which was BART property. 

While inside the apartment, an unnamed BART officer fired a shot which wounded fellow officer Sgt. Tom Smith who later died at a hospital.  Details of the shooting have been slow to emerge..

Sgt. Tom Smith, Jr., was a 42-year-old veteran with more than 20 years of experience in law enforcement. The officer who fired the shot had more than 10 years experience. Both officers were apparently wearing bulletproof vests.  The officers were apparently in the apartment to serve a warrant for a suspect who was wanted in connection with several robberies on BART property. Apparently, when the officers knocked on the apartment's door, no one answered.  The door was unlocked so the police entered with guns drawn per police protocol.  

Sgt. Smith's body was removed from the hospital late Tuesday in a casket draped in an American flag. Police saluted the casket as it was placed in the Coroner's van. This was the first death of an officer in the line of duty in the BART  history.  The Dublin Police Department is continuing to investigate the accidental shooting.

Anthony Bosch Portrait of A Mole? ~by Legal Pub

Major League Baseball continues its crusade to destroy its own reputation.  In the past we discussed Barry Bonds in depth.  LINK. We may have even been one of the first sources to take a critical look at steroids in baseball. Mitchell Report Link.  Yet we still recognize that steroids have been often a scapegoat. Benoit Link.  Unfortunately, baseball just doesn't know when to quit. But that will not stop 60 Minutes from piling on in an attempt to stimulate ratings by making star witness, Anthony Bosch a household name.  Bosch is the leagues weapon against Alex Rodriguez. Bosch claims that he designed and administered an elaborate performance enhancing program for Rodriquez beginning  in 2010.

Anthony Bosch was the founder of a Florida anti-aging clinic, Biogenesis.  He claims that Rodriguez paid him $12,000 per month to provide him with banned drugs (including testosterone and human growth hormone.) Bosch also claims that he cooperated with Major League Baseball in part because he feared for his life. Rodriguez's suspension of 211 games has been reduced by an arbitrator to 162 games plus all playoff games next season. Nevertheless, Rodriguez's lawyers plan to file a suit in federal court to overturn the arbitration ruling.

Commissioner Bud Selig said, "In my judgment his actions were beyond comprehension," Selig said on the show. "I think 211 games was a very fair penalty." Of the 14 players suspended as a result of the Biogenesis investigation, Rodriguez was the only one to appeal the ban. Credibility may be an issue. Bosch himself is no saint.  He was once fined $5,000 for practicing medicine without a license. Furthermore, Rodriguez never failed a drug test during the period in question. Bosch claims he personally injected Rodriguez  because he was afraid of needles. (If Rodriguez can shoot up in front of a federal judge, does that further destroy Bosch's credibility?)  Since the Joint Drug Agreement and Collective Bargaining Agreement requires confidentiality from both sides, why all the publicity now? Rodriguez's lawyer, Joseph Tacopina criticized Major League Baseball for participating in the 60 Minutes segment; however, it appears Tacopina also had his 15 minutes of fame in the same broadcast.

The players' association, initiated an appeal on behalf of Rodriguez.  The players association expressed its disappointment in the public airing of the issues.  "It is unfortunate that Major League Baseball apparently lacks faith in the integrity and finality of the arbitrator's decision and our Joint Drug Agreement, such that it could not resist the temptation to publicly pile-on against Alex Rodriguez..  MLB's post-decision rush to the media is inconsistent with our collectively-bargained arbitration process, in general, as well as the confidentiality and credibility of the Joint Drug Agreement, in particular... As a result, the Players Association is considering all legal options available to remedy any breaches committed by MLB."

The 38-year-old Rodriguez has denied he ever using banned substances after 2003.  (A-Rod's hypocracy can only go so far as he apparently admitted in 2009 that he took steroids from 2001-03.)  60 minutes purported to show a  redacted document consistent with a payment from "A-Rod Corporation" to Bosch's lawyer.  (The nearly $50,000 payment was apparently returned.  Why?  Did the league pay Bosch more to talk? Admittedly, MLB is paying Bosch's attorney fees and paying for personal body guard security.)  Bosch also claims that A-Rod's folks suggested that he "leave town" until the case was over. (Colombia was allegedly suggested as a nice destination or an extended vacation.) Bosch also claims that his ex-girlfriend received a text that said Bosch would not live until the end of the year.  (If Bosch is such a great guy, why did his girl friend leave him.)

A lawyer allegedly advised Bosch to "align" with MLB because he needed some one as "powerful as Alex."  (But if Bosch is so great at making up performance enhancing concoctions, why did he not take his own medicine and thus become a super hero of standing up to the slugger?)


Baseball and Bosch struck a deal in exchange for testimony. The deal was presumably better than anything offered by A-Rod.  Is Bosch a dealer who suddenly developed a conscious or is he just a willow bending in the direction of whatever side looks sunnier? Only time will tell what effect this will have on the so called integrity of the America's past time... performance enhancement!

Time To Leave Letourneau Alone?

Pink Floyd made the song, "All We Are Is Just Another Brick in the Wall" very popular. The song said, "teacher, leave those kids alone."  Made sense at the time.  But now maybe it's time to leave some of the teachers alone. After all, people get in trouble for suspended drivers licenses all the time without making headline news, even in Seattle.

To be fair, Legal Pub has taken its shot at a few educators. Bad Judgment.  Teacher Trouble. But maybe it is time to give some of the teacher's a break.  Unfortunately for former teacher Mary Kay Letourneau, every misstep she makes is potential headline material.   As you may recall, Letouneau was the former teacher who was arrested after she had sex with a 12-year-old student.  This Burien teacher's photo was plastered in the media back in the 1990s when she was convicted of raping a sixth-grade boy. Letouneau was 34 at the time. She served a prison sentence and then married her former student, Vili Fualaau in 2005 when he was 22.

Now the former teacher reportedly was booked into the King County Jail early Monday for failing to appear in court for a suspended driver's license.  Bail was reportedly set at $5,000.


Letourneau did her time.  She even married the "victim."  Isn't it time for the media to leave her alone?