A New York woman, Margery Tannenbaum, was re-arrested today for further charges due to her posting a Craigslist ad under the guise of her nine year old daughter’s rival that said, “I need a little affection”.  Of course, this resulted in a number of phones being made to the child of those who stood ready to provide this perverted affection.

Her lawyer declined to comment on the specifics of the case, but said that his client is a good person.  In the meantime, another mother across town is surely living in fear of the phone ringing and probably taking monumental efforts to protect her little girl.  Tannenbaum pleaded not guilty when she stood before a judge in May and once again today when she was charged with child endangerment.  She was released without having to post bail.

In a world where kids go missing every day, many of whom are featured on nightly news programs, to purposely place an electronic ad simply because of a rivalry between nine year olds is unthinkable.  Whether or not this woman did it, the ad exists and someone had to have placed it - and it certainly wasn’t the child.  Because the two families happen to be neighbors, it’s doubtful there’ll be a block party this Fourth of July.

Now for the kicker - Tannenbaum was once a social worker and is a licensed psychologist.

The family who was the target of this Craigslist campaign has said that at no time did their daughter answer any of the incoming calls from the twenty-plus men who answered the ad.  Tannenbaum apparently used her own email address and then replied to those interested with the family’s phone number.

This comes on the same day another meddling mother was in the headlines.  This time, the cyberbullying mom, Lori Drew, who relentlessly harassed a young girl on MySpace had her conviction thrown out by a federal judge.  This woman’s hoaxes are what many say led to a 13 year old girl’s suicide.  For now, she’s no longer facing a prison sentence of up to three years nor a $300,000 fine, which her lawyer argued was excessive considering her convictions were misdemeanors.

It was this week in 1972 the U.S. Supreme Court ruled capital punishment was both cruel and unusual, especially due to some states’ “capricious and arbitrary” ways of employing the death penalty.  The Court ruled race placed too large a role in determining who lived or died.  It didn’t stop there, however.  The Court recommended new legislation be instituted so that the death penalty might become constitutional again and went on to say legislation should directly address racial problems regarding capital punishment and that new guidelines should be put into place.  This, of course, wasn’t what opponents of the death penalty wanted, but for many, it was a start.

Then, in 1976, a substantial new study revealed over 65% of Americans not only supported the death penalty, but wanted it made constitutional again.  The Supreme Court heard the majority loud and clear and after having been satisfied of the changes it had strongly encouraged some four years earlier, the death penalty was once again deemed constitutional by the U.S. Supreme Court.

Interestingly, the first execution only a year later was commissioned via the firing squad.  Gary Gilmore, a Utah killer, faced the squad and in a split second, his life was over.  Still, many groups, including Death Penalty Focus, a group committed to abolishing the death penalty once and for all, insist racism is still too big a priority of those deciding the lives of others.   Further, it also reiterates the many who were convicted and executed, only to be found innocent later due to DNA or other evidence not available prior to the execution.  Currently, nearly 130 people across the country who were facing execution dates have been found innocent and not only taken off death row, but released from prison completely exonerated.  To date, there are over 3,300 prisoners who are on death row awaiting conviction.

It becomes difficult to reconcile those who adamantly insist the system is racist, especially since almost 45% of those currently on death row are white.  African Americans follow with slightly less than 42% of the total death row population, followed by Latinos (11.3%), Native Americans (1.10%) and Asian (1.10%).

With so much crime in today’s headlines, each story more evil than the one before, the odds of the death penalty being deemed unconstitutional again in the near future are practically nil.

A story came out last week about a teen who was suing a tattoo artist for inking over 50 small stars on her face.  Kimberley Vlaeminck, who’s eighteen, says she requested only three small stars be tattooed to her face and that she fell asleep as the artist proceeded to work his magic.  Okay - that’s the first red flag.  As one who had a couple rebellious moments in her youth and is now the proud owner of a small cowboy hat on her ankle, I can tell you no one sleeps through it - especially when the needle is all over the face area.  Granted, it’s not unbearable, but it’s not comfortable either.  I’m not sure anyone believed that, except for maybe the girl’s father who happened to be furious when he saw his daughter post-tattoo.

The girl said she lied because her father was more than a little upset and felt she was going to be in big trouble if she owned up to it.  I doubt she anticipated international interest along with her face being plastered all over the world via the internet.  Unfortunately, she’s also risked the reputation of the tattoo artist who was only doing what was requested of him.  She chose to walk ten miles to tell a lie when two

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steps for the truth would’ve more than sufficed.  Either way, her father was bound to be upset.  I think it’s fair to say any young girl’s father would be upset upon discovering his little girl is now adorned with a tattoo (again, I know from experience).

So now this young woman has in essence gone from one threatening to sue to one who’s now at risk of being sued for the possible damage to the reputation of the tattoo artist.  My guess is he will surely be researching what legal remedies are available to reestablish his reputation, whether they’re civil or possibly even criminal remedies.

As bad it must have been to reveal her new look to her father, I’m wondering how exactly she’s going to explain these stars on a first date.  Surely it’s going to be distracting to look in her eyes over the dinner table when one’s so distracted by the stars that surround them.

A new study released earlier this month revealed that 60% of bankruptcies are filed due to overwhelming medical bills.  What’s incredible is that of those bankruptcies 75% of the filers have health insurance!  This revelation speaks volumes to those who insist the insurance industry needs no overhaul.   Harvard Law School, Harvard Medical School and Ohio University participated in this report and the results were published in the American Journal of Medicine.  Dr. David Himmelstein, an advocate of a U.S. insurance overhaul and a member of the Harvard Medical School staff says that those of us without a bank account to rival Warren Buffet are only “a serious illness away from bankruptcy”.  He goes so far to say that health insurance offers little, if any, protection for middle-class America.

Other findings in this study include:

• The proposals that are now being considered by the Obama White House will not likely help a vast majority of Americans.
• Expanding private insurance won’t prevent financial catastrophe for hundreds of thousands of Americans.
• Of the 170 million Americans who have health insurance through their employers, many will find themselves with none by year’s end due to employers cutting their own costs.
• 25% of all insurance companies cancel coverage immediately after a disabling illness occurs and is filed, another 25% do so within the twelve months following the claim.

No one is immune from bankruptcy, either.  The study found that most were educated, owned their homes and had successful careers.  Further, the numbers reflect a 50% increase from bankruptcies filed in 2001. 

For many who were asked to pay thousands of dollars after the insurance paid, such as those with injuries or who were diagnosed with Diabetes or other illnesses, the payments were just too much.  Many hospitals and physicians asked patients to make payments that rivaled their automobile or in some instances, those that surpassed even the patient’s mortgage payments.

President Obama continues to work on solutions to the ever-deepening concerns and fears for health care in this country.  Until these problems are met head on and with a consistent solution across the board that will address insurance, bankruptcies and job losses, these numbers won’t be declining.

This week marks the capture of the last member of the Symbionese Liberation Army, or SLA, who had

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skipped out before she could stand trial in 1976.  Kathleen Soliah, who when arrested had changed her name to Sara Jane Olsen, was one of the women who played a role in not only kidnapping Patty Hearst, but who is also at least partly responsible for several murders and bank robberies.

After being showcased on America’s Most Wanted in 1999, several people who lived in the St. Paul, MN area called in tips that finally brought her out of hiding and back into the spotlight to stand trial.  After having gone from hostage to SLA member, Patty Hearst drove the getaway car during a bank robbery in California where one woman was killed during the heist.  She was the one who said Soliah was in the bank when the bank customer was killed.  A few months later, a bomb was placed under a police car but never detonated.  It didn’t take long to figure out the SLA was behind it as well.  During this time, Soliah patiently waited for the right time to make her escape.  Before she ever stood trial, she’d dropped off the radar.  When she was arrested in MN, she was the epitome of an American soccer mom and doctor’s wife.  She led several local charities and was a community advocate for many projects within the St. Paul area.  With her pleasant domesticated life and the fact she is an excellent mother and wife, it was difficult to reconcile this woman with the one in the 1970s who played such a big role in so much destruction and tragedy.

After she was brought back to California, her lawyer managed to work out an agreement with the district attorney that meant her only having to serve five years in prison.  The Board of Prison Terms decided it wasn’t an acceptable sentence and promptly upped it to fourteen years.  Naturally, a judge overturned it later and said the board abused its discretion.  But this first sentencing had nothing to do with the deal her lawyers would have to negotiate for her role in the bank robbery.  She ended up with an additional six years.  She’s still in prison, but should be set free within the next twelve months.

Seems the Supermax Prison in Colorado seems to be dominating the headlines these days.  Richard Reid,

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also known as the Shoe-Bomber, was convicted in 2003 of trying to detonate a bomb on an American Airlines scheduled to land in Miami.  Because of a weeks-long hunger strike, prison officials have now decided medical intervention was required to prevent him from killing himself.  He is reported to still be on his hunger strike, despite being intravenously fed and hydrated.

He filed a federal lawsuit that claimed he wasn’t allowed to follow his Sunni Muslim faith since being in custody.  Despite requests from the prison for the judge to dismiss the suit, a US District judge has refused to do so.  He’s currently in the prison’s medical wing and will likely remain there until he abandons his hunger strike, if he ever does.

Reid isn’t the only notorious prisoner who’s in the prison’s custody and making headlines.

Ted Kaczynski, also known as the Unabomber, was convicted of crime in 1996 after having been the target of a 15-plus year manhunt.  He sent 16 bombs, killed three people and injured 23.  He’s now going to court in an attempt to prevent his personal diaries from being auctioned.  He’s already lost one court battle, but it’s now up the Supreme Court to decide the fate of these documents, should he decide to appeal.  If he does choose to appeal, he only has until Monday to do so.  If he loses there, his diaries will be auctioned and all of the proceeds will go to his victims.  It’s said there are close to 40,000 pages that he handwrote over the years.  Along with the diaries, the hoodie jacket and sunglasses that were drawn in the now-familiar sketch that was used in a worldwide distribution in an effort to locate him before his capture are also expected to be sold.  Creepy as it sounds, you can be sure there are many who would pay a pretty penny to own these things.

Surely there are ulterior motives behind their motives.  Reid is likely doing his best to further his cause with his hunger strike and for all anyone knows, there’s some hidden message in every move he makes that some extremist is deciphering.  Kaczynski is probably less likely concerned with who sees his personal thoughts before his capture and is more upset with where the money from this sale will go, or rather where it won’t go.  Either way, neither of these two will ever see the light of day as free men.

This week marks an especially significant time in the American justice system. Because of one man who couldn’t afford an attorney after being charged with burglary, the entire legal landscape was changed

Clarence Gideon

forever.  Clarence Gideon was arrested on June 3, 1961 and was charged with burglarizing a pool room in Florida.  He wasn’t allowed allowed legal counsel for his very brief trial, even though he’d asked for one.  At that time, there were no rights for the accused and they weren’t allowed the benefit of a lawyer during any questioning or subsequent trials if they couldn’t pay for his services.

Gideon insisted he was innocent in his efforts to defend himself, but was still found guilty.  After arriving in prison, he handwrote his own appeal using a prison pencil and a pad of paper.  In his appeal, he spelled his reasons why he was entitled by the constitution to legal representation.  He certainly shook things up because an appeals court felt his appeal had merit.   His appeal also caught the attention of Abe Fortas, a well known and respected lawyer who eventually became a Supreme Court justice.  The two paired up and took the case all the way to the top.  The Supreme Court agreed that a fair trial couldn’t exist if the accused wasn’t allowed proper representation, despite his financial standing.  It said every defendant was entitled to assistance in presenting his case.  Gideon v. Wainwright became a historical case and as a result, the Miranda rights were written and are now a part of every arrest in this country.

Later, Gideon, with the help of an attorney, was retried and acquitted of the burglary.  Clearly, this case marked a turning point in the legalities our justice system.  Hollywood agreed.  If you’re interested, you should see the movie made in 1980 that starred Henry Fonda.  Gideon’s Trumpet was nominated for several awards that year and is well worth seeing.

A new study released this week revealed that one half of all males who are arrested test positive for some kind of illegal drug(s). Although this is alarming, it’s not really surprising since there have long been links established between crime and drug abuse. There were ten major U.S. cities involved in the study and 3,924 men tested. In some cities, such as Chicago, the numbers were near 90% and in some cases, multiple substances were found. Other statistics include:

Marijuana is the most common drug found, with the exception of Atlanta where cocaine was found most often.

Heroin was found most often in men from Chicago and reveals an increase of 9% over the past year for a total of 29% in this most recent study.

This only highlights arguments proponents of court enforced drug rehabilitation programs have said for years. Advocates say the opportunity exists for every judge in the country to order counseling and rehabilitation instead of incarceration. They say recidivism rates are dramatically lowered when one completes rehab programs and is often the only chance many have at entering any kind of treatment facilities.
Still, the costs for those who don’t complete rehab amount to wasted taxpayer dollars and further, taxpayers must then foot the bill for housing those who, as part of their sentences, must go to jail if they fail to complete treatment. Many say drug courts only delay jail time for those adamant about not stopping their drug use.
For now, it’s often left up to the judge who determines sentencing whether or not to send an offender to rehab. With such a close eye on how limited monies are spent, many judges feel obligated to choose jail over rehab. Today’s release of these new statistics might change that, though. Even when one who is ordered into rehab doesn’t complete treatment, there remain six who do complete treatment and avoid jail time altogether.
One suggestion includes nationwide admissions guidelines with clear guidance on who is and isn’t eligible (such as no arrests for major drug trafficking). For more information on the cities’ individual statistics, see this USA Today report.

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This is another one of those stories that has so much wrong with it, I’m not sure where to start.  During a closed session last week, the Orange County, CA Board of Supervisors chose to award an illegal immigrant over $4 million dollars because of a beating he received while in prison.  Oh, and Fernando Ramirez was serving time in prison because he’d been accused of molesting a five year old girl, yet pleaded guilty to non-sexual battery. He sued, they settled.

How does a bankrupt state justify such a decision?  This wasn’t anything that doesn’t happen across this country on a daily basis and it’s no secret child molesters are targets.  To be sure, this beating was brutal.

Fernando Ramirez

Ramirez suffered brain damage, can’t walk without assistance and now has the mental capacity of a four year old.  There’s a tragic irony in his mental capacity since the little girl was only five when she was abused by Ramirez.

Another infuriating aspect is the fact the Board of Supervisors chose to make this decision that will affect its constituents behind closed doors and now refuses to comment on their decision.  Just where exactly where will this four million dollars come from?  Taxpayers, certainly.  One thing’s for sure, we know where it is:  the prisoner’s family who may or may not even reside in this country.  The OC Register reports this is the largest settlement ever paid by Orange County.  The second largest payout was for just over $600,000 to a prisoner’s family.  The prisoner died after a scuffle with prison guards.

Ramirez’s lawyer says the settlement will ensure his client’s medical needs will be covered the rest of his life, says the settlement was fair and credits the Board for doing the right thing.  There are few who agree this was the right thing to do.  The little girl’s family didn’t sue the county, yet she’ll carry this with her as she grows into an adult.  My guess is her family thinks it couldn’t be any further from the right thing to do.

Although not yet confirmed, it’s likely one of the U.S. Supreme Court’s most liberal justice’s will be publicly announcing his retirement in the very near future.  Justice David Souter’s imminent resignation allows President Obama to make his first appointment and will certainly select another liberal to step up to the plate and replace Souter.

Ironically, President H. W. Bush selected Souter in 1990 with the expectation of his taking a more

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conservative view.  That didn’t happen and soon, Souter was siding with other liberals on everything from stem cell research, abortion rights and campaign finance reform.  He’s also chosen to vote whenever possible on restricting the death penalty.

With the usual split within the Supreme Court, President Obama’s selection will most likely keep those gulfs in place.  Depending on his selection, it’s probable, as is usually the case; his selection will remain on the bench for many years after his presidency has ended.

Perhaps Justice Souter’s most pivotal decision was in 2000 when he voted to allow the presidential recount to continue, thus allowing President George W. Bush to claim the presidency.  It’s been said this decision nearly resulted in his resignation in 2000 and that he was disappointed of his colleagues’ actions and called them “transparent” and “crudely partisan”.

Although Justice Souter hasn’t confirmed or denied his intent, both NBC and NPR are reporting their respective sources have confirmed June 30^th as his retirement date, which gives President Obama precious little time to select his replacement.  Souter filled the seat that was vacated by William Brennan.

On a personal note, Jeffrey Toobin wrote of Justice Souter, in his book The Nine, that he’s “low-tech”, refuses to use email, answering machines, televisions and cell phones.  He’s never married and once found himself on The Washington Post’s 10 Most Eligible Bachelors.