When police or prosecutors conceal significant exculpatory or impeaching material, we hold, it is ordinarily incumbent on the state to set the record straight. - Ruth Bader Ginsburg

Friday, May 23, 2008

Supreme Court OKs Racial Profiling

THANKS A LOT VIRGINIA; THE MOST ASS BACKWARD STATE IN THE UNION.

By Stephen J. Fortunato Jr.

Either racial profiling is odious and unconstitutional, with personal and social consequences for communities of color — or it’s not.

On April 23, the U.S. Supreme Court, without any dissent, decided that it was not. The ruling obliquely, but forcefully, slammed the courthouse door on any attempts to challenge this widespread law enforcement practice.

In the case of Virginia v. Moore, the high court saw no violation of David Lee Moore’s Fourth Amendment protection against unreasonable searches and seizures, even though his arrest was the result of a series of Keystone Cop-like miscues and an outright violation of Virginia law.

Here’s how it played out: On Feb. 20, 2003, police officers received a radio call that a man known as “Chubs” was operating an automobile on a suspended license. Apparently, one of the officers knew that David Lee Moore went by the nickname of “Chubs.” The officers pulled over Moore’s vehicle and determined that his license had indeed been suspended. Under Virginia law, driving with a suspended license is not an arrestable offense, and the officers were obliged to issue him a citation for a future court appearance rather than take him into custody. Disregarding this clear legal mandate, however, the officers arrested Moore.

They took him to his hotel room where they searched him and found crack cocaine and $516 in cash.

According to Justice Antonin Scalia’s opinion, no search of Moore was conducted when he was initially stopped because each officer mistakenly believed that the other had already searched the suspect. As Scalia noted — presumably with a straight face — Moore “consented” to a search of his person and his room.

What is not mentioned in the Supreme Court opinion — but what can be ascertained in lower court decisions, including that of the Virginia Supreme Court when it reversed Moore’s conviction — was that the “Chubs” mentioned in the original radio transmission was not Moore but rather a man named Christopher Delbridge.

Also, one of the police officers explained at the suppression hearing that they had ignored Virginia law relative to the issuance of citations in such circumstances because it was “just our prerogative; we chose to effect an arrest.”

But the most important fact in this case — which was ignored by the Virginia courts, the Supreme Court and the few media accounts of this litigation — is that David Lee Moore is African-American. (Portsmouth, Va., is a city of slightly more than 100,000 people, more than 50 percent of whom are black.)

Scalia and his equally myopic and complacent colleagues refuse to address the problem of racial profiling — or “driving while black” — that has been widely discussed in law and political science journals, as well as reported anecdotally by black males, both ordinary citizens and those who enjoy professional or political prominence.

The Moore decision mirrors that of another unanimous Scalia opinion from more than a decade ago, Whren v. United States (1996). In that case, every member of the high court sitting at that time agreed that there was no impropriety, constitutional or otherwise, when plainclothes officers in an unmarked car in Washington, D.C., stopped two young black men for minor traffic violations in order to search for drugs. The officers were members of an undercover narcotics unit and were expressly prohibited by District of Columbia regulations from making traffic stops unless the driver was somehow threatening public safety. The court went on to uphold the validity of pretext stops.

Around the country, scholars, lawyers, community activists and even many progressive law enforcement officers are trying to eliminate the scourge of racial profiling. But read together, the Moore and Whren rulings demonstrate the Supreme Court’s impatience with municipal and state efforts designed to circumscribe arbitrary police behavior often motivated by racial stereotyping.

Stephen J. Fortunato Jr. is a former associate justice on the Rhode Island Superior Court.

Police use Taser in arresting autistic man

I'm shock they didn't shoot and kill the guy, Damn Cops today don't take to the time to find out all the fact, they are just trigger happy.


JAMES CITY - James City County police officers used a Taser gun on a 24-year-old autistic Williamsburg man Thursday after police said he became unruly with employees at Wilson's Leather at the Prime Outlets-Williamsburg shopping mall.

Police responded to the store on Richmond Road around 2 p.m. after employees reported that the man had become argumentative during a dispute over a returned item, according to police spokesman Mike Spearman.

The man, whom Spearman called "large in stature," became combative with police and refused to leave the store. Officers incapacitated him with a single shot from the Taser, placed him under arrest and charged him with trespassing and resisting arrest, both Class 1 misdemeanors.

Police only learned the man suffered from Asperger's syndrome, a mild form of autism, after he had been placed under arrest, Spearman said.

Monday, May 19, 2008

Bad Cops in Virginia


For those who would like to see that the Local Police in VA have been up too, lately all you need to due it to Click the title of this post or click here. how these cops break the law and get off easy and some are just right down stupid.

Sunday, May 18, 2008

Today's Quote

"Who will govern the governors? There is only one force in the nation that can be depended upon to keep the government pure and the governors honest, and that is the people themselves. They alone, if well informed, are capable of preventing the corruption of power, and of restoring the nation to its rightful course if it should go astray. They alone are the safest depository of the ultimate powers of government"

- Thomas Jefferson

Saturday, May 17, 2008

VA Beach Cops Out - Control

A 62-year-old Virginia woman files an $8 million lawsuit claiming deputies beat her while she was in jail.

I wonder,




I wonder what Olds would have gave him. Since she has given a PR Bond to a Female Rapist of a young teen.

Thursday, May 15, 2008

Suit greenlighted by appeal wraps up with settlement

Ryan Taboada and his family checked into a Roanoke hotel on March 27, 2003. When he went outside to get his luggage, a man shot him eight times and stole his van with his 3-year-old daughter still inside.

This week, a Roanoke judge signed an order dismissing the $3 million lawsuit Taboada filed against the owners of Holiday Inn Express on Gainsboro Road, saying the two sides "have compromised and settled their differences."

In between came a decision by the Supreme Court of Virginia that changed the law governing the obligations of innkeepers to their guests.

Alan Gnapp, lawyer for Daly Seven Inc., the company that owns the hotel, declined to comment about the settlement, as did Taboada's lawyer, S.D. Roberts "Rabbit" Moore.

But Richard Samet, a Richmond defense lawyer who has written a legal article on the Taboada case, said the state supreme court decision so broadened the liability of innkeepers that "I don't see how it could not have had an effect on the mediation and settlement of the case."

Virginia Beach lawyer and legal expert Steven Emmert suggested that the high court's precedent-setting decision could have been influenced by the egregiousness of what happened to Taboada. "It was a horrifying situation," he said.

A Florida businessman, Taboada and his family were in town visiting a cousin. When Derrick W. Smith sprayed him with gunfire, it left him temporarily paralyzed, with two collapsed lungs. His daughter was rescued minutes later unharmed after Smith wrecked while being chased by police.

In his lawsuit against the hotel, filed before Smith received a 76-year prison sentence, Taboada accused Daly Seven of cutting back on security at the hotel despite knowing that it operated in a high-crime area and that guests could be in danger of assault.

Daly Seven argued that the company couldn't be held liable because there was no way for the hotel to know Taboada was going to be attacked, and Roanoke Circuit Court Judge Clifford Weckstein agreed.

Taboada appealed, and in 2006 the Virginia Supreme Court unanimously overturned Weckstein's decision, saying Taboada's lawsuit could go forward. The justices ruled that an innkeeper has a duty to protect the safety of guests akin to that of trains and airplanes toward their passengers, and that Daly Seven should have known Taboada could be in danger because of the number of crimes and incidents that had already taken place on the property.




The Judges in VA are running amuck, I tell you these fucking judges are only looking after themselves. That is why we need to judicial reform in VA. All Judges should be elected, not appointed by their friends in the Legislator. What will be and who will be next to be abuse by these fucking assholes.

Wednesday, May 7, 2008

OT: Mother get parenting Classes, after allowing 4 yr to smoke pot

MENOMONEE FALLS - A TODAY’S TMJ4 Exclusive: shocking and sad video. A toddler caught on tape smoking pot with his mother in the same room.

The mother is from Menomonee Falls. She was punished along with two of her friends.

The incident happened back in October, and police have now released cell phone video taken during the incident.

The three adults were all smoking marijuana inside a Menomonee Falls home, but it wasn't the drugs that got them in trouble. It was what police found on one of their cell phones.

The cell phone video shows a 2-year-old boy taking a marijuana blunt and smoking. The video shows his mother's friends teaching him how to do it.

“He's about to do it again. Hold it right here."

The boy's mother, Krystle Weber, was in the room at the time.

“I swear to God, I better not get in trouble for all this," she says on the video.

TODAY’S TMJ4’s Heather Shannon showed the tape to several Menomonee Falls moms. Everyone had the same reaction.

“That poor little baby,” one mom said.

“Oh, that is disgusting,” another mom said.

Amy Schneider is a mother of two with one more on the way. She's appalled at what she saw.

“Instead of a child, he's a form of entertainment, and that is just awful,” Schneider said.

Andrea Holmes also watched the cell phone video.

“I am in shock. I just cannot imagine doing something like that with your child and videotaping it and making a joke of it,” Holmes said.

Krystle Weber, Sean Held, and Dane Ashely were all charged with giving the marijuana to the boy. All three entered guilty pleas.

The criminal complaint says all three were in Ashely’s basement smoking pot when they gave the joint to the toddler, so he could smoke it too. Sean Held told authorities it was “funny” and that he was surprised that the toddler seemed to know how to inhale.

Weber is taking parenting classes, but she still has custody of the boy.

Weber's attorney says his client has maintained complete sobriety since her arrest last fall. "She is gainfully employed and has been doing everything in her power to better her life and the life of her son."

Children's Hospital did run tests on the little boy and they found that he did not have any marijuana in his system.

Judge Olds What she wants in her court room

Another way Judge "asshole" Olds will screw over father is by voiding any other child custody order from another state. Yes she will just ignore it completely.

North Carolina Judge gave my ex-bitch wife sole physical custody with both of us have joint legal custody.


In one of my many so-called hearing in front of this Judge, She simply gave full custody to my ex-bitch wife. No hearing on the matter at all. She completely ignore the NC Court order for custody. Then again this happens alot in VA. Va not accepting other state Legal papers. Judges in VA Need to be elected. not appointed.

Friday, May 2, 2008

Juge Enjoying her Meeting


New AJA president Judge Eileen Olds (Virginia), with (l. to r.) Judge Michael Cicconetti (AJA past president, Ohio); Judge Michael McAdam (AJA past president, Kansas); and Judge Larry Allen (AJA Board of Governors, District 9, Ohio).

AJA Meets in the Great Northwest,

While at this meeting she had to take off, closing her courtroom from Tuesday the 25th thru 28th, so she could basic take a so-called business vacation. Then means for four to five days fathers and mother had to wait for her to get back to decide there visitation and child custody cases. Since we all know it more important for her to live up to her new title as AJA President.

she will have more of these so called business vacations coming up in Amelia Island, Florida May 1 - 3 and in Maui, Hawaii September 7 - 12. they are listed as Educational Seminars, yet they are held in some very nice vacation spots.

It would seem that Judge Olds was quote in the Race Gap, Discrimination in court cases.

her quote

Addressing the problem at the different stages of the criminal proceedings is daunting, said Eileen A. Olds, a judge in juvenile and domestic relations court in Chesapeake, Va., who is black and is president of the American Judges Association.

“There are so many levels within the process,” Judge Olds said. “You start with the police and what they are charging, and you get the magistrate, and who gets bail and who doesn’t, who gets the lawyer and who doesn’t.”

Here is a very interesting quote from the same story.

Judges are reluctant to change their handling of any specific case unless a defendant can show intentional discrimination, which is a tall order, Ms. Davis said. But for a darker-skinned person who may get a harsher sentence, the fact that bias was involuntary is small consolation, she said. “The fact that it’s unconscious doesn’t make the outcome any less difficult, or any more just.”

by that quote it would seem she is telling that if you are black you will get more time and harsher sentence then whites.

I guess things like is what these judges talk about at this so-called Educational Seminars. I'm sure they talk about how to make more money as well. We know that Judge Olds favor money over biology and that if you are a female rapist of young boys you can get a PR Bond in her court. So you can be back out there on the street sexually abuse more boys.



A Fathers Love letter



Nice to know that one can believe in The Father, one that can't be seen or heard, yet the one that can be seen and heard is throw to the curb by the courts. Since many judges feel that a good father is one who isn't here, better yet a dead father.

In todays world a father is nothing more then a ATM machine.