Judge Reprimanded for Jailing Guy Who Gave Him the Raspberry

I think I’m with the judge on this one, even if the state supreme court said he screwed up.

Municipal Court Judge Emery Toth was reprimanded last month for violating the New Jersey Code of Judicial Conduct by "speaking disrespectfully and intemperately to a litigant" and for abusing his contempt power by throwing the litigant in jail after he responded.  The litigant had escalated matters, though, by using certain well-known gestures and that time-honored salute, the "raspberry."

The defendant, a cab driver named Esmanuel Buldoni (a.k.a., oddly, "Luis Martinez"), had been charged with three traffic violations.  He was in prison at the time of his arraignment, possibly because he had failed to show up for a prior court date, and so the exchange took place over a video link to the courtroom.  After Buldoni pleaded not guilty, he and the judge got into a dispute over why exactly Buldoni was in prison at the time.  After a short exchange, Judge Toth ended the argument.  "I don’t want to have an Oprah Winfrey conversation with you," he said.  "All right? . . . I’ll give you a trial date next week.  See you around.  Goodbye."

According to Toth, Buldoni then made the "raspberry" sound and gestured with his middle finger in a way that Toth said he interpreted as meaning "kiss off."  The kiss-off does not seem to have been a big deal, but the raspberry was not to be endured:

 

http://www.law.com/newswire/cache/1202433825070.html

Jury set to decide if boy’s death was intentional or accidental

Posted: Oct 16, 2009 8:02 AM EDT Friday, October 16, 2009 8:02 AM EST

Ken Taylor

By ERICA ESTEP
6 News Anchor/Reporter

ROGERSVILLE (WATE) — A Hawkins County jury is scheduled to begin deliberations Friday morning in the trial of a Morristown man accused of strangling his foster son.

Ken Taylor is accused of intentionally choking to death his foster son, Jordan Shelton, 16, in October 2007. His defense attorney has said Taylor was defending himself and the death was accidental.

Taylor is charged with first degree murder, but the jury could find him guilty of a lesser charge, including:

• Second degree murder
• Involuntary manslaughter
• Reckless homicide
• Criminally negligent homicide
• Attempted aggravated child abuse
• Attempted aggravated assault
• Aggravated child abuse
• Aggravated assault
• Reckless aggravated assault
• Reckless assault
• Assault
• Child abuse

In its closing statement to the jury Thursday, the state said Taylor strangled Shelton for three to five minutes and continued to apply pressure after he was limp.

Defense attorney Herb Moncier argued that Taylor had a right to restrain the out-of-control teen and protect himself, his family and his property when Shelton knocked him down.

http://www.wate.com/Global/story.asp?s=11325572&clienttype=printable

Civil Rights Law –

or civil liberties – derive themselves in the original Bill of Rights, the first ten amendments to the Constitution, and have been expanded since with the several amendments to the Constitution, most notably the 13th through 15th Amendments, though many might argue that for the first time in American history, our civil liberties are no longer expanding, but might, in fact, be narrowing with the Patriot Act. Civil liberties deals primarily with those constitutional amendment that give Americans the right to freedom of religion, speech, to peaceably assemble, to carry arms, to be free of discrimination, and the rights to be free of search or seizures without probable cause. Each of these will be discussed in further detail in other sections.

http://www.legal-definitions.com/civil-rights-law/civil-rights-overview.htm

Federal Civil Rights Statutes

Title 18, U.S.C., Section 241
Conspiracy Against Rights

This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).

It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.

Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.

http://www.fbi.gov/hq/cid/civilrights/statutes.htm

Tags: fraud , childrens services , family law , custody , divorce , social workers

Owner of Tennesse Salvage and Demolition Company Pleads Guilty to Environmental Crimes

Company Violated Clean Air Act and Defrauded the United States  Sept.29, 09

WASHINGTON—The owner of a Chattanooga, Tenn., salvage and demolition company, Watkins Street Project LLC, pleaded guilty today in federal court in Chattanooga, Tenn., for conspiring to violate the Clean Air Act and to defraud the United States.

Gary Fillers of Chattanooga, Tenn., pleaded guilty before U.S. District Judge Collier for the Eastern District of Tennessee to one criminal felony count for conspiring to violate the Clean Air Act’s “work practice standards” related to the proper stripping, bagging, removal and disposal of asbestos.

According to the charges, Fillers and other indicted and unindicted co-conspirators, engaged in a year-long scheme in which substantial amounts of regulated asbestos containing materials was removed from the former Standard Coosa Thatcher Plant without following the Clean Air Act and the regulations governing Environmental Protection Agency (EPA) notification requirements; removing all asbestos prior to demolition; and stripping, bagging, removal and disposal of such asbestos.

“Work practice standards under the Clean Air Act are designed to protect workers from the harmful effects of asbestos,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Conspiring to violate these work practice standards will not be tolerated and those who do can expect to be prosecuted.”

“Exposure to asbestos can cause cancer and other serious respiratory diseases,” said Maureen O’Mara, Special Agent-in-Charge of EPA’s criminal enforcement program in Atlanta. “Those who put the public health at risk will be vigorously prosecuted.”

Fillers faces up to five years in prison and a fine of up to $250,000 or twice the gross gain or loss to the victims. Today’s plea is related to the indictment of Watkins Street Project LLC, Mathis Companies Inc., Donald Fillers, James Mathis and David Wood. All of these defendants pleaded not guilty to related conspiracy, Clean Air Act, false statements and obstruction of justice charges on Sept. 14, 2009. Trial is currently set to begin on Nov.18, 2009, before Judge Collier.

Asbestos has been determined to cause lung cancer, asbestosis and mesothelioma, an invariably fatal disease. EPA has determined that there is no safe level of exposure to asbestos.

This case was investigated by EPA special agents and investigators with Chattanooga-Hamilton County Air Pollution Control Bureau. The case is being prosecuted by Assistant U.S. Attorney Matthew T. Morris and Todd W. Gleason, of the Justice Department’s Environmental Crimes Section.

09-1058

Environment and Natural Resources Division

Nashville, Tennessee – DHS Case Manager Charged with Rape by Coercion | DUI Checkpoints & Crime on the Road

 

Nashville, Tennessee – DHS Case Manager Charged with Rape by Coercion | DUI Checkpoints & Crime on the Road

Letalvis Cobbins found guilty in Christian – Newsom murders

KNOXVILLE (WATE) — The jury has found Letalvis D. Cobbins guilty of the murders of Channon Christian and her boyfriend, Christopher Newsom, in 2007.

Cobbins faces the possibility of the death penalty because he was convicted of facilitation of first degree felony murder in 35 counts.

The jury found Cobbins not guilty of five counts including the murder of Newsom during his rape, the murder of Christian during Newsom’s rape and three counts of aggravated rape of Newsom.

The jury will return Wednesday at 9:00 a.m. for the sentencing hearing.

The jurors worked about 10 hours Monday and on Tuesday morning before reaching a verdict. They never asked Judge Richard Baumgartner any questions during their deliberations.

About the jury and the charges

The jury is made up of six women and six men. Six are black, five are white and one is Asian.

The jurors had 18 counts of murder alone to consider in this case. They had to reach a verdict on each count. Click here to read the verdict forms.

The jury in this case is also the sentencing jury and it has the final say on the sentence.

If jurors couldn’t agree on the death penalty sentence, they could discuss lesser sentences such as life without parole.

Families grateful for verdict

After the verdict was announced, Deena Christian said, "I’m very relieved and very grateful," adding "A guilty for one was a guilty for both."

Deena said she felt Channon and Chris "both got justice today." Before the first verdict was read, she said, "I don’t even know if I was breathing."

She said despite her belief that the jury would find Cobbins guilty, "You never know what’s in someone else’s mind and heart."

Deena said no matter what sentence the jury gives Cobbins, "It won’t make a difference to me." She added that the sentencing will be difficult.

"I feel sometimes that someone somewhere is holding me up because I couldn’t do it on my own," Deena said.

About the crimes

The other suspects who are charged with murder in the case are: Lemaricus Duvall Davidson (Cobbins’ half brother), George Giovanni Thomas and Vanessa Coleman, who was Cobbins’ girlfriend.

Those three could also face the death penalty if they’re convicted. They’re being tried separately.

http://www.wate.com/Global/story.asp?s=10984873

http://www.wate.com/Global/story.asp?s=10984873&clienttype=printable 

Letalvis Cobbins found guilty in Christian – Newsom murders

Letalvis Cobbins found guilty in Christian – Newsom murders

Posted: wnRenderDate(‘Tuesday, August 25, 2009 6:50 AM EST’, ”, true); Aug 25, 2009 6:50 AM EDT Tuesday, August 25, 2009 6:50 AM EST Updated: wnRenderDate(‘Tuesday, August 25, 2009 12:30 PM EST’, ”, true); Aug 25, 2009 12:30 PM EDT Tuesday, August 25, 2009 12:30 PM EST

Letalvis Cobbins

KNOXVILLE (WATE) – The jury has found Letalvis D. Cobbins guilty of the murders of Channon Christian and her boyfriend, Christopher Newsom, in 2007.

Cobbins faces the possibility of the death penalty because he was convicted of facilitation of first degree felony murder in 35 counts.

The jury found Cobbins not guilty of five counts including the murder of Newsom during his rape, the murder of Christian during Newsom’s rape and three counts of aggravated rape of Newsom.

The jury will return Wednesday at 9:00 a.m. for the sentencing hearing. 

The jurors worked about 10 hours Monday and on Tuesday morning before reaching a verdict. They never asked Judge Richard Baumgartner any questions during their deliberations.

About the jury and the charges

The jury is made up of six women and six men. Six are black, five are white and one is Asian.

The jurors had 18 counts of murder alone to consider in this case. They had to reach a verdict on each count. Click here to read the verdict forms.

The jury in this case is also the sentencing jury and it has the final say on the sentence.

If jurors couldn’t agree on the death penalty sentence, they could discuss lesser sentences such as life without parole.

Families grateful for verdict

After the verdict was announced, Deena Christian said, “I’m very relieved and very grateful,” adding “A guilty for one was a guilty for both.”

Deena said she felt Channon and Chris “both got justice today.” Before the first verdict was read, she said, “I don’t even know if I was breathing.”

She said despite her belief that the jury would find Cobbins guilty, “You never know what’s in someone else’s mind and heart.”

Deena said no matter what sentence the jury gives Cobbins, “It won’t make a difference to me.” She added that the sentencing will be difficult.

“I feel sometimes that someone somewhere is holding me up because I couldn’t do it on my own,” Deena said.

About the crimes

The other suspects who are charged with murder in the case are: Lemaricus Duvall Davidson (Cobbins’ half brother), George Giovanni Thomas and Vanessa Coleman, who was Cobbins’ girlfriend.

Those three could also face the death penalty if they’re convicted. They’re being tried separately.

http://www.wate.com/Global/story.asp?s=10984873

Three Dead in Dyersburg Shooting

Incident Appears to be Murder-Suicide

Updated: Monday, 03 Aug 2009, 10:18 AM CDT
Published : Sunday, 02 Aug 2009, 10:09 PM CDT

• FOX13 Memphis

Dyersburg, Tenn. – Three people are dead in Dyersburg after a father accused of child abuse apparently shot and killed his daughter and one of her protective custodians, then turned the gun on himself.

According to Capt. Steve Isbell with Dyersburg Police, officers were called to the 800-block of Blake Cove just after 7:30pm Sunday.

46-year old Todd Randolph, his wife 45-year old Susan Randolph and a 15-year old girl were found with gunshot wounds. Todd Randolph and the teenage girl were pronounced dead at the scene. Susan Randolph was airlifted to The Med and was released Monday morning.

Investigators determined that the teen’s father, 34-year old Christopher Milburn, approached the Randolph home and opened fire. Milburn was found dead about a block away with a self-inflicted gunshot wound.

Dyersburg Police and the Department of Children Services had launched an investigation into allegations of abuse last week involving Christopher Milburn and his 15 year old daughter. Department of Children Services had placed the 15 year old into the care of the Randolph family pending the outcome of the investigation.

http://www.myfoxmemphis.com/dpp/news/tennessee/080209_Three_Dead_in_Dyersburg_Shooting

Public officials call for major changes in family law

Public officials call for major changes in family law

 REALLY DID THEY JUST FIGURE THIS OUT? AND HOW LONG TILL THE OTHER 49 STATES REALIZE IT?

Center for Judicial Excellence leads the way for Family Court Reform in California

OAKLAND — One by one, parents around the Bay Area are beginning to step forward to share heart-wrenching stories of the injustices they experienced in California’s family court system.

These parents have joined with thousands of others statewide to reform the family courts and protect child victims of violence and sexual abuse from judicial decisions the parents say place children in harm’s way.

“I’m living proof this is happening today,” said Susan, a California Family Court litigant and mother whose daughter was placed with her accused molester. “The family courts crisis is a plague and it’s destroying peoples’ lives.”

About 58,000 children per year in the U.S. are ordered into unsupervised contact with physically or sexually abusive parents following divorce, according to experts at the Leadership Council on Child Abuse & Interpersonal Violence.

Many people concerned about the systemic problems with family court attended a daylong public forum Thursday at the Alameda County Conference Center.

Some compared the family court crisis to the Catholic Church sexual abuse scandals because of what they call an institutional level of collusion of harm against children. Event organizers said they hoped the forum would inspire families who have survived traumatic family court ordeals to come forward in order to shed more light on the breakdown of the family court system.

Participants, including family court litigants, child advocates and the general public, gathered to discuss the family court crisis and take a closer look at problems and solutions. The forum’s session featured public testimony by speakers and a panel of legal experts and attorneys who gave free general legal advice about how to best protect themselves in the family court.

The event was organized by the Center for Judicial Excellence in partnership with UC Berkeley Boalt Hall School of Law, California Protective Parents Association, Justice for Children, California Safe Child Coalition, Child Abuse Solutions and the Incest Survivors Speakers’ Bureau.

Their collective goal was to push to improve the judiciary’s public accountability and strengthen and maintain the integrity of the courts.

In addition, the center produced a documentary, Family Court Crisis: Our Children at Risk, and screened a 12-minute clip at the forum.

The American Judges Association found that approximately 70 percent of batterers succeed in convincing authorities that the victims of their abuse are unfit or undeserving of sole custody.

Alameda County Supervisor Gail Steele and actress Nancy Lee Grahn from ABC’s “General Hospital” are family court reform advocates and also participated in the panel discussions.

Steele announced a new initiative to help better protect vulnerable children in family court. It includes her support of the passage of new proposed legislation by Assemblyman Jim Beall, D-San Jose, and Assemblywoman Fiona Ma, D-San Francisco, to reform family court. Her initiative also calls for the passage of Sen. Mark Leno’s request for a legislative audit of Marin and Sacramento Family Courts. She also is pushing for ombudsman positions to be created in the Alameda County District Attorney’s Office, where parents can go for help and to plead their case.

“The system has to change in California and across the country,” Steele said.

Grahn did not talk in detail about her $1 million family court battle but said her experience was “maddening and perplexing.”

She was upset to learn that some laws were unfair and that some court procedures were abusive and treated children like hostages or assets that need to be divided up.

After a three-year ordeal, Grahn finally gained custody of her 11-year-old daughter. She now works with community organizations and travels the state to meet with lawmakers and inform them about the about pitfalls of the family law system.

“I met people who were in similar or worse situations,” Grahn said. “There are thousands of women who were protective parents and their children were taken away and handed over to their abusers.”

For more information visit, www.centerforjudicialexcellence.org

© 2009 Bay Area News

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