Historic Hate Crimes Legislation Signed

Historic Hate Crimes Legislation Signed

President Barack Obama signed the historic Matthew Shepard and James Byrd Jr Hate Crimes Prevention Act yesterday. The bill extends the definition of federal hate crimes to include attacks motivated by sex, sexual orientation, gender identity, and disability and empowers federal authorities to help local law enforcement investigate hate crimes.

In his remarks yesterday, President Obama said, “In the most recent year for which we have data, the FBI reported roughly 7,600 hate crimes in this country. Over the past 10 years, there were more than 12,000 reported hate crimes based on sexual orientation alone. And we will never know how many incidents were never reported at all…no one in America should ever be afraid to walk down the street holding the hands of the person they love. No one in America should be forced to look over their shoulder because of who they are or because they live with a disability.”

The law is named for two men who were slain in alleged hate crimes in 1998. Matthew Shepard, a gay university student, was murdered in Wyoming, and James Byrd, Jr., an African-American man, was dragged to death by white supremacists in Texas. Previously, the federal hate crimes law only covered attacks motivated by race, color, national origin or religion.

Judy Shepard, mother of Matthew Shepard wrote, “The legislation went through so many versions and so many votes that we had to constantly keep our hopes in check to keep from getting discouraged…But with President Obama’s support and the continually growing bipartisan majorities in the House and Senate lining up behind the bill this year, it became clear that 2009 was the year it would finally happen.”

The Senate passed the legislation last week on a 68 to 29 vote. The bill passed in the House on October 8 with a vote of 281 to 146.

Media Resources: Feminist Daily Newswire 10/23/09; Remarks of President Barack Obama 10/28/09; Statement of Judy Shepard 10/29/09

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

Foster father convicted of voluntary manslaughter in foster son’s death

KNOXVILLE, Tenn (WVLT) — A Hamblen County stepfather has been found guilty of the lesser offense of voluntary manslaughter in connection to the November 2007 death of his foster child Jordan Shelton, 16.

Kenneth Taylor was also found guilty of reckless aggravated assault, a lesser charge than the aggravated child abuse count he also faced.

if

Taylor’s attorney, Herb Moncier, had argued throughout the trial that Taylor put Shleton in a headlock out of self-defense when the boy went out of control after Taylor caught him smoking.

But, prosecutors contended it was an intentional act and said he should be convicted of first degree murder.

After seven hours of deliberations the jury disagreed convicting him of the lesser charges.

According to the Tennessee Code, Voluntary Manslaughter carries a penalty of three to fifteen years in prison.

Taylor will be sentenced on November 25th.

Stay connected to Volunteer TV News and VolunteerTV.com for continued coverage of this developing news story.

http://www.volunteertv.com/home/headlines/64567967.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

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