Haditha Update: Wired Magazine Reports Use of Live Internet Video

Wired is reporting on the use of a live two-way video stream during testimony in the Article 32 investigations of Marines charged with murder in Haditha,Iraq. Wired does a good job of explaining the technology, but falls a bit short on the law. The hearings held for the Marines are all Article 32 investigations not courts-martial. This is a critical distinction for the law.

At an Article 32 investigation, a witness will be produced if her presence is relevant and she is reasonably available. “Reasonably available” is defined as the witness being located within 100 miles from the situs of the investigation and the “significance of the testimony and personal appearance of the witness outweighs the difficulty, expense, delay and effect on military operations of obtaining the witness’ appearance.” R.C.M.405(g)(1)(1)(A). Essentially a witness must be at the hearing unless his commanding officer determines the cost, difficulty, expense, or effect on military operations outweighs the necessity of his presence.

At a court-martial the determination is different. Under United States v. Shabazz, 58 M.J. 585 (N.M.Ct.Crim.App. 1999), remote video testimony was not allowed, as it violated the accused’s rights under the Sixth Amendment. The court in Shabazz noted some of the problems with the Video Teleconference (VTC) testimony. The most notable of the problems was the fact that it appeared that a person was talking to, or coaching, the witness while she was testifying. This also raises questions about whether she may be looking at documents or testifying from her memory. This would all be important if she were testifying in the courtroom. For a witness is, generally, not allowed to testify while referring to a document.

While VTC or other technologies may be useful in the courtroom, their time may not yet be upon us.

yojoe out

Nevada Supreme Court Issues Opinion: Judge Halverson is Back

The Nevada Supreme Court, on 27 July 2007, issued its opinion in Halverson v. Hardcastle. The result: Judge Halverson is back.

Judge Halverson petitioned the court for a writ of quo warranto to challenge the authority of the chief judge, Chief Judge Hardcastle, to take away her criminal caseload, form a committee to evaluate her conduct, and to bar Judge Halverson from entering the courthouse. That is correct, the chief judge had issued an order prohibiting Judge Halverson from entering the courthouse. The Nevada Supreme Court eventually rules that the chief judge exceeded her authority when she banned Judge Halverson from the courthouse, but was within her authority to establish the committee and remove Judge Halverson from the criminal docket.

Judge Halverson brought her own bodyguards, to block the court’s personnel – five bailiffs, a videographers, and a clerk – from entering her chambers. During this attempted entry, Judge Halverson called 911.

For a number of years, Judge Halverson had been a clerk with the Eight Judicial District in Las Vegas, Nevada. For a number of years she had been the clerk for the chief judge. Four days after Chief Judge Hardcastle ascended to her current post, she fired then-clerk Halverson. As she was no longer a clerk Judge Halverson, ran for judge, and won. Actually, she won the second time. The first time she ran against Judge Gerald Hardcastle, now-ex-husband of Chief Judge Hardcastle, and father of their difficult child.

As a result of her loss during her first run, she brought a complaint alleging Chief Judge Hardcastle had impermissible campaigned for her husband. The Standing Committee of Judicial Ethics and Elections Practices agree, and issued an opinion admonishing Chief Judge Hardcastle to not campaign on behalf of her husband.

After Judge Halverson took the bench the real problems started. These are among the complaints against Judge Halverson:

• Bailiff complains judge makes him massage her feet and back
• Judge would put staff members under oath and ask them questions
• Judge put her husband under oath to ask if the house was clean
• Judge’s mother asked if the bailiff was her “servant”
• Judge fell asleep during her first criminal trial
• Judge spoke to criminal juries, outside the presence of accused and counsel for both parties
• berated lawyers for not contributing to her election fund (she dismisses this on the basis that no lawyers contributed so she could not be discriminating against any individuals)
• Judge would call staffer “the evil one,” “bitch,” “the elf,” and “the Antichrist”
• Judge fired her assistant Ileen Spooner, which resulted in a defamation suit against the judge

(Note: these are only allegations, but come from formal complaints and sworn affidavits – as the author does not wish to become a named defendant)

Judge Halverson’s problems do not end at the courthouse. Apparently, she married her current husband while he was on parole, and she was a law clerk. There is also a pending judgment against her for $42,000. Faziola v. La Macchia, aka Halverson, No. A497569 (Dist. Ct. Clark County Nev.). And, the county has been after her to clean her residence, which contained a large amount of trash in the backyard, overgrown weeds and shrubs, a near-collapsed shed, mosquito-ridden slime in the swimming pool, and the porch and two tents pitched on the driveway were choked with empty oxygen bottles.

It is staggering to consider the judicial resources waisted on this matter. And, as for elevating the legal profession, and the esteem of judges, this could not be worse. Wait, with Judge Halverson at the helm of her scooter and back in the courthouse, it could get much, much, worse.

yojoe

USC: The Best Team in the History of College Football

According to Stanford‘s new coach Jim Harbaugh, the Men of Troy are,

“There is no question in my mind that USC is the best team in the
country and may be the best team in the history of college football.”

Coach Carroll was happy but demurred. The Trojans are the unanimous preseason pick to win the Pac-10, for a 5th year in a row. The Trojans picked #1 in the nation by Rivals, Scout, Athlon, and Phil Steele, after finishing #2 in recruiting in 2007.

Fight On!

yojoe

Loss of JaMarcus Russell Will Not Stop LSU Dominace of SEC

The Tigers must replace the overall first pick in the NFL draft, JaMarcus Russel, their offensive coordinator, and get a new mascot. No problem.

At quarterback they will have Matt Flynn, with Ryan Perrilloux as the backup. They will have the help of Early Doucet and Jacob Hester. Gary Crowton is the new offensive coordinator. Mike IV is the new mascot. All supported by a defense that is outstanding, some say the best in the nation, led by Glenn Dorsey.

Although Rivals.com has them 3rd preseason, this is a joke. West Virginia ahead of LSU, no way. It is true that the Mountaineers have an easier schedule, but that should not derail LSU for the game we have been waiting for with the Trojans of USC. The biggest test for LSU will be on October 6 when they play Florida. The other game to watch is the match up with the Tide on November 3, where they will face their old head coach Nick Saban.

The only thing that can stop the Tigers is Snoop Dogg if he takes out Les Miles.

Fight On!

yojoe

Nick, we though you were “not going to be the Alabama coach.”

Laser to be Developed for Use by United States Army: Destroys Rockets, Artillery Shells, and Mortar Rounds

The laser is to be mounted on the HEMTT and will be capable of destroying rockets, artillery shells, and mortar rounds.

Heavy Expanded Mobility Tactical Truck (HEMTT)

The initial contract has been awarded to the Boeing Company to develop a control system for a solid-state laser to be mounted on the HEMTT. The control system, known as a rugged beam control system (BCS), will used to accurately point the laser beam on an enemy target, be it a rocket, shell, or mortar round. The Army has chosen a solid-state laser over the chemical laser because the former is lighter and does not require the constant supply of chemical fuels.

Boeing is one of several companies building an airborne laser weapon (ABL) to be used by the military. The ABL uses a chemical oxygen iodine laser mounted in the nose of a modified 747, patrolling at high altitudes, to track enemy missiles during the boost phase and fire a burst to destroy the missile over the launch site.

Both of these systems fall under the High Energy Laser Technology Demonstrator (HEL TD) Phase I, which seeks to demonstrate that mobile, solid-state laser can be an effective counter to enemy projectiles. The program will eventually transform into a full-fledged Army acquisition program.

yojoe out

“You know, I have one simple request. And that is to have trucks with frickin‘ laser beams attached to their heads! Now evidently my cycloptic colleague informs me that that cannot be done. Ah, would you remind me what I pay you people for, honestly? Throw me a bone here!What do we have?”

Dr. Evil

Supreme Court or YouTube: Scott v. Harris

Scott v. Harris, 127 S.Ct. 1769 (2007), involves a 42 U.S.C. § 1983 action against a state police officer. Harris was involved in a high-speed chaise, during which he was being chased by the police. Deputy Scott pulled Harris over by hitting the rear of his car, known as Pursuit Intervention Technique, attempting to get him to come to a stop. Harris lost control, crashed, and thereafter found his limbs inoperative.

Harris sued Deputy Scott on the theory that hitting the back of his vehicle was excessive force resulting in an unreasonable search under the Forth Amendment. The 11th circuit held that Deputy Scott was not entitled to immunity, because the law was sufficiently clear at the time to give reasonable law enforcement authorities fair notice that ramming a vehicle under the circumstances of this case was unlawful.

The Supreme Court found that the threshold question of whether Deputy Scott violated the Fourth Amendment was resolved, in large part, by the video from the patrol car taken during the chase. The Court determined that Deputy Scott’s actions were reasonable to terminate the dangerous high-speed chase, which threatened the lives of innocent bystanders. Deputy Scott’s actions did not violate the Fourth Amendment even when it placed the fleeing driver at risk of injury or death.

Justice Stevens authors a dissenting opinion, in which he call into question the driving prowess of this fellow justices,

Had they [the justices] learned to drive when most high-speed driving took place on two-lane roads rather than on superhigh-ways—when split-second judgments about the risk of passing a slow-poke in the face of oncoming traffic were routine—they might well have reacted to the videotape more dispassionately

It leaves one wondering how Justice Stevens drives.

Here is the YouTube connection. On the Supreme Court’s website there are links to pdf. versions of the Court opinions, and in the Scott case there is a link to the video. (Scott is #37). It looks just like a clip from a Fox program on deadly police chases. What will the future hold for electronic evidence? Will the Supreme Court, or any other court, begin to post pictures of victims, video of the trial, or forensic results?

yojoe

UCLA Assistant Coach = Burglary Suspect

Eric Scott, an assistant coach for FUCLA UCLA was arrested on suspicion of residential burglary. After posting $50,000 bail, he was released from the Norwalk station. Scott had played for the Bruins from 1995-1997.

Fight On!

yojoe

Michael Vick: Indicted and no Need to Report to Falcons Camp

Micheal Vick, quarterback for the Atlanta Falcons, was indicted by a federal grand jury for his sponsorship of a dog-fighting enterprise. NFL commissioner Roger Goodell, ordered Vick to not report to the Falcons training camp. Commissioner Goodell wrote:

“While it is for the criminal justice system to determine your guilt or
innocence, it is my responsibility as commissioner of the National
Football League to determine whether your conduct, even if not
criminal, nonetheless violated league policies, including the Personal
Conduct Policy.”

That does not end the problems for Mr. Vick. He has also been removed from the Nike website, which is one of his major sponsors. Undoubtedly, PETA will continue its push to have Vick remove from the NFL and to have Nike discontinue its sponsorship of Vick.

NBA Referee Betting on Games

Tim Donaghy, ex-NBA referee was characterized by league commissioner, David Stern, as a “rouge . . . criminal.” Donaghy had been a referee in the NBA for 13 years, prior to his resignation in early July. The FBI is investigating Donaghy for betting on games that he officiated, and providing information to others about games.

Though no charges have been filed against Donaghy, his lawyer says he is contemplating a plea. This may indicate that he intends to cooperate with authorities. This, in combination with Commissioner Stern being unable to say if other referees were being investigated, leads one to believe Donaghy is not an isolated case.

We will see if Commissioner Stern returns any of the $1,665,000 in fines paid by Mark Cuban, owner of the Dallas Mavericks, for his statements that were critical of league officials, How dare Cuban be critical of a referee who is a degenerate gambler with significant gambling debts, betting on the game he is officiating, and passing information to other gamblers about games.

yojoe out

Notre Dame Coach Charlie Weis Jury Verdict: You Are Fat

After two hours of deliberation, the jury returned a verdict: Weis is fat. And, it is not the fault his doctors.

Now back to more important issues like convincing Jimmy Clausen that his hair sucks. ND is setting itself up well for next season. No need to worry about the Trojans and the great camp they have been having, They should concentrate on losing a record 10th bowl game.

yojoe

American Adults More Scientifically Literate Than European or Japanese Adults

A recent study shows that Americans are more scientifically literate than Europeans or Japanese. But, at 28% we still have some way to go. On the bright side, that figure was 10% in the 1990’s. Must be the increased CO2 that has facilitated this increased learning.

Links to the underlying study and the data used in the study.

yojoe

Google’s $4.6 billion plan for an open wireless Internet

In a brilliant lobbying move, the search company promises the government loads of cash in return for a better wireless Web.

read more | digg story

Boba Fett May Find Work With the IRS: Bounties Double Under 26 U.S.C. § 7623

The Tax Relief and Health Care Act of 2006, (26 U.S.C. § 7623), provides additional incentives for those who come forward with information about individuals or other tax entities who have underpaid their taxes. The IRS has had an informant-reward program since 1954, but the provision was not used extensively by qui tam lawyers (a.k.a. bounty hunters) because the government was free to deny a reward, or bounty. Under the new law, a whistleblower can file an appeal with the U.S. Tax Court to enforce her right to a reward. This reward may be up to 30% of the ammount recovered by the IRS.  The jurisdictional minimum for the new law is $2 million, including taxes, interest, and penalties.

yojoe

Dark world of dogfighting exposed

No matter how Michael Vick’s indictment on charges of operating a dogfighting ring is resolved in court, allegations against the NFL star have forced mainstream America to confront the grisly image of canine death matches.

read more | digg story

USC v. LSU: Snoop Dogg v. Les Miles

A few weeks ago LSU coach Les Miles, made some derogatory statements about The USC Trojan’s competition in the Pac-10:

“I would like nothing better than to play USC for the [national]
title,” Miles reportedly said in a speech to a heavily pro-LSU
gathering in New Orleans. “I can tell you this, that they have a much
easier road to travel. They’re going to play real knockdown drag-outs
with UCLA and Washington, Cal-Berkeley, Stanford — some real
juggernauts — and they’re going to end up, it would be my guess, in
some position so if they win a game or two, that they’ll end up in the
title [game].

Trojan fan Snoop Dogg was not happy with Coach Miles failing to give the Men of Troy the proper amount of respect, and described the comments by Coach Miles as “bitch-ass” and follows with a number of F-bombs.Snoop made these comments on a California radio station. The audio is here.

Notre Dame: Coach Weis "I Looked at Myself and Saw a Disaster.”

The latest news out of Troy details the 0630 preparation-camp workouts and the competition between USC veterans like Terrell Thomas, Lawrence Jackson, and Sedrick Ellis who wear weight vests during workouts. And, how 5-Star Everson Griffen was the fastest of the D linemen. Top news from Notre Dame. Coach Weis is in court testifying about seeing him himself on television and thinking “I looked at myself and saw a disaster.”

Proving the doctors were unsuccessful in Weis’s gastric-bypass surgery should not be difficult, just look at the coach.
– preseason #1, the JDB looking to be the 3rd QB in 6 years to win the Heisman.

– just hoping that Weis does not eat Jimmy Clausen (aka Deryck Whibley)

USC v. LSU: The Game We Have Been Waiting For

As the fall approaches one’s mind turns to only one thing: college
football. And college football means the return of the Men of Troy.
Coming into the 2007 season the Trojans are ranked #1 in the nation.
Followed closely by LSU. The Trojans and Tigers have been at the top of
college football for the past few years, yet they have not matched up
on the field since 1984. If all goes well that will be rectified this
season.

v.

MQ-9 Reaper to Deploy to Iraq

Reaper to deploy to Iraq. The MQ-9 Reaper will arrive some time in the fall of 2007. Here are some of the characteristics of the Reaper:

Speed: 300 mph

Ceiling: 50,000 feet

Endurance: 14 hours of flight time when fully loaded

Armament: 14 Hellfire missiles – or 4 Hellfire missiles and (2) 500-pound JDAMS

yojoe

Haditha Update: Investigating Officer’s Report ICO LCpl Justin L. Sharratt

This is a copy of LtCol Ware’s report into charges against LCpl Sharratt. Here is an excerpt:

“Finally, to believe the government version of facts is to disregard clear and convincing evidence to the contrary and sets a dangerous precedent that, in my opinion, may encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and mission in Iraq. Even more dangerous is the potential that a Marine may hesitate at the critical moment when facing the enemy . . . LCpl Sharratt’s actions were in accord with the rules of engagement and use of force. Accordingly I recommends that the Charge and specifications be dismissed . . .”

Osprey to go to Iraq

The Marines will begin sending the MV-22 Osprey into combat beginning in September 2007.

yojoe

Haditha Update: LtCol Chessani and LCpl Sharratt Results of the Article 32

The investigating officers (IO) for LtCol Chessani and LCpl Sharratt have returned with their recommendations. In LtCol Chessani’s case the recommendation is to continue to a court-martial for dereliction of duty. In LCpl Sharratt’s case it is recommended that no charged be sent to court-martial.

The charges against LtCol Chessani stem from his alleged failure to investigate the deaths in Haditha. The report stated that LtCol Chessani “failed to thoroughly and accurately report and investigate a combat engagement that clearly needed scrutiny.” His Article 32 investigation was filled with some interesting events. Including the chief-of-staff invoking his 5th Amendment privilege and refusing to testify. LtCol Chessani explained that he did not feel a need to investigate, because his “men are not murderers!”

The case against LCpl Sharratt could be over if the commanding general, Gen Mattis, accepts the recommendations of the investigating officer. The investigating officer indicated that he deemed the Marines more credible than the residents of Haditha, who said the killings were executions. There were numerous problems with the evidence in this case, including NCIS losing a briefcase seized at the scene that contained AK-47 rifles and Jordanian passports.

Thus far in the Haditha matter, we have had the following Article 32 investigations:

• Capt Stone – IO recommends no charges and superiors failed to act on the same information.
• LCpl Sharratt – IO recommends no charges.
• LtCol Chessani – IO recommends charges for dereliction of duty.

It is interesting to compare the outcomes with the investigating officers. In the case of Capt Stone and LCpl Sharratt, the investigating officers, Maj Mann and LtCol Ware were both judge advocates (lawyers in the Marine Corps). In the case of LtCol Chessani, the IO was Col Conlin, an infantry officer and former battalion commander. Take this into consideration before comparing this to the Duke case.

yojoe out