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A Plea Deal In The McKinney Assault Prosecution

We were all told by the media organizations that McKinney’s recent assault on a Capitol police officer was going to be investigated by a Grand Jury this past Monday. Where’s the Indictment you ask? Wonder no more! I have the answer!

A Grand Jury presentation on this matter would take less than an hour and result in a felony assault Indictment. Any second-year law student could get that indictment against McKinney. Since that did not happen I had to find out just what is going on. I have a special talent for that!

Gazing into my crystal ball I saw some hot and heavy negotiations between McKinney’s lawyers and the Justice department. Negotiations made because this suspect and her lawyers see the end of her career in Congress looming and are trying to head that off. McKinney’s lawyers are engaged in some major butt-licking right now in order to save their client’s ass. Oops! I meant seat (in Congress).

It is in fact a felony to strike a police officer but absent serious injuries a misdemeanor plea deal is what we can expect. No trial, no felony record and only token punishment such as probation, fine and public service would be the result. Of course I’d want to buy a ticket to see McKinney picking up trash with a work crew of convicted miscreants along the Beltway.

If McKinney insisted on playing hardball and standing trial she’d most certainly experience a felony conviction and be run out of Congress. I predict a much more subdued McKinney giving a more genuine apology inside a courtroom and agreeing to a plea deal while admitting the crime of misdemeanor assault.

The Winners of Wars Get To Write The History Books.

Such was the case of our Civil War and one of the most malignant presidents this country ever had. The president that made war against the Southern states was a tyrant that destroyed freedom, murdered women and children while sending thousands of Union soldiers to their deaths.

Did Abraham Lincoln really give a rat’s ass about Negro slaves? The real truth was his Emancipation Proclamation was enacted only to cripple the South’s economy to get a military advantage. His own writings make it clear Lincoln was not fond of giving slaves equal rights.

Had the South won that war they would have gotten simple independence from the North. The Southern states would have enjoyed the same form of government without meddling by people hundreds of miles away with different interests and goals. People could have simply voted with their feet when determining where they want to live.

John Wilks Booth was a patriot and a Southern hero. He killed a man who suspended the Constitution he swore to uphold, defend and protect. Lincoln deserved his fate.

I’m certainly not defending slavery, that was wrong, but it was not even a small part of the reason for that awful war. I believe that slavery would have ended soon because it was the right thing to do.

Hate, carpetbaggers and a need for the Klu Klux Klan to protect people from unchecked Black on White terrorism marred the post Civil War reconstruction.

It’s ironic that as the Blacks migrated to the North the first gun control laws were made to keep the newly freed slaves disarmed. That concept was bolstered by the Dred Scott decision from the Supreme Court that showed the North’s real attitude about the freed slaves.

We really only learned two things from that horrible war, might makes right, and the winners get to write the history books any way they want.

The Union was saved. I ask, saved for whom?

A LIFE NOW WASTED…

After Hurricane Katrina ravaged Louisiana and Mississippi there was only one uplifting story from that entire disaster. It was the heroic story of a young New Orleans resident, a then, 20 year-old, Jabar Gibson. Gibson had to escape the rising floodwaters and saw a huge school district parking lot filled with what later became destroyed buses.

Gibson, a quick-witted lad took it upon himself to “borrow” a school bus, fill it with as many people he could and get them all safely to the Houston Astrodome. Necessity made use of the bus a lawful act even though he had no permission to do that. Gibson reacted swiftly, decisively and saved those lucky enough to find their way on the renegade bus.

Gibson seemed to do what FEMA, the state and local governments could not do. Gibson exercised leadership, took decisive action and brought needed and quick relief to as many as 70 victims of that disaster.

I knew his story was suitable for a movie of the week. I immediately went on a mission to find Gibson, get him to L.A. and work out a movie deal. With the help of someone in Houston I was able to accomplish that mission.

The courts record systems in Louisiana were down and my ability to do a background examination was hampered. Gibson did confess a stolen car, joy riding conviction. I did not expect he’d be a saint since he came from poverty and perhaps the most depressed school district in America.

Interest in making a film about Gibson came from Kelsey Grammer, Mike Farrell and Spike Lee. That all ended when Gibson, who had returned to New Orleans got himself arrested with drugs after a police chase on November 25th. Now nobody wanted Gibson’s image for more than a police booking photo. The hope for the financial rewards and a new life for Gibson as a result of a film were for all practical purposes ended.

Gibson got out of jail on bail pending that prosecution and then got himself in yet another jam on January 7th, when he was again arrested carrying 1.7 grams of cocaine, an undisclosed amount of heroin and a Tarus .357-caliber revolver by New Orleans narcotics detectives and federal agents.

Thursday a federal grand indicted Gibson for cocaine and heroin trafficking and possession of a gun while dealing drugs. Gibson made it big, but not in the way I’d hoped.

An Update:
On April 1, 2008 Gibson was released from federal prison. Let's hope he can behave himself and somehow salvage his life as an ex-convict and convicted felon.

Yet another update:
This worthless scumbag got himself in the jackpot again with the feds. Guns and crack netted this loser lots of years when he was sentenced yet again! So long asshole!

MINUTE ENTRY
BERRIGAN, J.
OCTOBER 27, 2010
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA CRIMINAL ACTION
VERSUS NUMBER: 09-249
JABAR GIBSON SECTION: "C"
SENTENCING
APPEARANCES: Edward J. Rivera, Asst. U. S. Attorney
Valerie Jusselin, Counsel for Defendant
Jabar Gibson, Defendant
COURT REPORTER: Karen Ibos
COURTROOM DEPUTY: Kimberly County
Case called; all present and ready.
Deft sentenced to the custody of the Bureau of Prisons for 120 months as to each of Counts
1 and 3 of the Indictment to run concurrently with each other and concurrently with the
sentences imposed in docket nos. 06cr114 and 05cr323, and 60 months as to Count 2 of the
indictment to be served consecutively to Counts 1 & 3.
Upon release from imprisonment, defendant shall be placed on supervised release for a term
of 8 years as to Count 1 and 3 years as to each of counts 2 and 3, all to be served
concurrently.
See J & C for special conditions, etc.
Deft remanded to U. S. Marshal.
Court adjourned.

Ralphs Supermarket Filthy Shopping Carts Part II

Click on the photograph to enlarge!

I said I’d give a progress report on the Ralphs Supermarket located at 910 Lincoln Blvd, Venice CA. I’ll let the picture I took today tell it all. It looks like they took two steps backwards and Ralphs has no interest in protecting their customers from the loathsome bacteria coating their shopping carts.

The bits of plastic and string you see are where the vagrants tie additional garbage pickings when they run out of room in the carts. That’s proof that the carts are in no way cleaned or sanitized before they are returned to service. I guess they need to be shamed into cleaning up!

Who would want to to the food intended for the family dinner table in these nasty shopping carts?

Here's the earlier story with video...

The End Of America As We Knew It…

As our lawmakers debate the alien mess, the stampede of unskilled illiterates illegally crossing our borders has greatly intensified. The logic is simple as a few million illegal aliens waive Mexican flags protesting action against them, the guest worker-amnesty program is sure to happen. American politicians have been intimidated into surrendering rather than deal with riots that will surely happen if any effort is made to secure the borders and deport these economic refugees.

Our health care system will quickly collapse. Social Security, which is in trouble anyway will receive its final deathblow. Low paying jobs for marginally skilled Americans will evaporate. Our schools facing the new burden of millions of additional children will never be able to cope. The prisons will have to let dangerous criminals out to roam the streets because they will have no room. Chaos, lawlessness and a major depression can be the only result.

Either our politicians can protect us from this or they can destroy our way of life. When the Senate returns history will be written. Perhaps the American experiment was destined to fail just like every government system that came before 1776.

Is The Duke University Witch Hunt Winding Down Yet?

Political correctness demands that today’s “victims” never have to exercise personal responsibility. Such is the case of the whore hired to service the lacrosse team’s off-campus party. Yes, I did mean to use that politically incorrect word. The facts seem to support that notion. Twanna Brawley is the standard for a phony hate-crime-rape allegation and it’s beginning to reproduce itself in old Durham town.

The past criminal conduct of the accusing whore is in fact what she is all about. They’ve made a folk hero out of the slut-for-hire in the community as they demonized the entire 47-member lacrosse team.

Grandstanding prosecutor, Mike Nifong has adopted this case to be his re-election campaign showpiece. Why should he pay for advertising when the media is so willing to give Nifong so much free face-time? Why would anyone want a prosecutor who prosecutes his cases in the media instead of a courtroom? Nifong’s barrage of statements about the team members were both libelous and outrageous.

One thing for sure the lads at the party are following strict legal advice by claming up during this which hunt. The DNA evidence speaks for itself along with the suspicious claims of the hooker.

As Sol Wachtler, the former New York State chief judge once said, district attorneys now have so much influence on grand juries that “by and large” they could get them to “indict a ham sandwich.” That’s sad but true, but to convict, proof beyond a reasonable doubt is the standard. Are we going see a huge waste of tax funds and the retirement money of the team member’s parents on a trial that goes nowhere?

Mike Nifong has painted himself so tightly into a corner he can only save face by forcing someone, anyone to stand trial for these allegations no matter how weak or fabricated they turn out to be. I just can’t envision Nifong doing the right thing at this juncture.

But Mr. Nifong, what about this report?

Update...

Britney Spears Is Under Investigation!

That headline conjures images of the Pop Princess wearing handcuffs and doing the “perp walk” with a police escort. It’s also a cheap way for sleazy news organizations to lure viewers and readers.

The L.A. County Department of Children and Family services sent social workers and Sheriff’s deputies to do a routine investigation of the circumstances or the skull fracture suffered by her seven month-old son, Sean.

A state law mandates that hospitals make notifications to the welfare agency anytime a child is injured under parental control prompted the investigation. The investigation proved once again that children are made of rubber or none of us would have ever become adults. No wrongdoing was discovered.

It’s got to be traumatic enough to deal with an injury to a child, get treatment and deal with the welfare bureaucrats. I can’t imagine what it must be like to deal with the speculation, innuendo and hype generated because Britney Spears is a Pop Princess. In the absence of criminal conduct this is really a non-story.

Tourism Industry Damage because of Terrorism Hysteria

We all take vacations to get away from stress, aggravation, and pettiness of our every day life. But if our vacations involve air travel, the programs of the TSA and FAA have taken the fun out of travel for too many people. The result is an industry damaged, perhaps beyond repair.

American news organizations have really aggravated the problem by frightening Americans through countless news stories about security holes in the air travel system. The TSA and FAA respond by annoying passengers with their silly and ineffective petty security procedures. Using highly visible pettiness and inconvenience tactics against passengers to create an illusion of security is the apparent mission of the TSA.

Searching the cargo of airplanes would go unnoticed by millions of passengers and that’s the reason it has never been a priority for the TSA. Airline security has evolved to mere showmanship. The TSA puts on a show for the passengers while squandering tax dollars.

I’m sorry I just can’t swallow a security program fueled by the sensitivities of political correctness rather than profiling potential terrorists. I loathe air travel anymore and so do many of my friends. Any excuse to avoid flying anywhere will do.

One thing for sure fear, lucrative government contract corruption and media brainwashing have taken its toll on the business of air travel. The more people travel, the more they will look to avoid it in the future.

The biggest hit tourism has taken is from international travelers. The USA now has the air travel system to avoid. Here is an article that reflects some of the the loss.

Drugs And Gun Added To Woes Of Swedish Ex-Con after that Malibu Ferrari Crash…

L.A. Sheriff’s deputies reportedly seized a gun, suspected cocaine, several computers as well as vehicles from the Bel-Air home of 44 year-old Stefan Eriksson.

ICE (U.S. Immigration and Customs Enforcement agency) is also engaged in a full-scale investigation of Eriksson over visa issues and the importation of the believed stolen exotic automobiles.

We can expect that the hard drives of Eriksson’s computers will be carefully examined for any and all evidence into his business affairs, lifestyle and sources of money that he had control over.

In addition we can anticipate that ATF will trace the gun found in Eriksson’s home to determine where and to who it was sold by any dealer and how it wound up in an alien, ex-con’s possession.

All the information eventually will be shared with European law enforcement agencies and Interpol for whatever interest they may have in Eriksson’s activities.

Here's the latest from the LA Times...

Is Katie Holmes Best Actress To Play Hero Policewoman Ann Leybourne?

Katie is my pick to play the real life Chicago hero policewoman in my feature film, COME FRIDAY.

Malibu Ferrari Enzo Crash Case Figure Arrested!

This never ending saga that began with the spectacular 162 MPH crash of a rare million-dollar Ferrari Enzo last February in Malibu CA has taken yet another wild turn.

Los Angeles County Sheriff’s deputies arrested Swedish ex-convict Stefan Eriksson, 44, at his Bel-Air home Saturday night. Detectives also served a yet to be determined number of search warrants on property under control of Eriksson.

L.A. Sheriff’s records show that Eriksson was arrested Saturday night in Bel Aire at 9:50 PM. The charges remain unclear but he’s being held without bail. In addition there’s a no bail, USIM Immigration hold on Eriksson should he be released from any local charges.

Eriksson was booked into the Men’s Central Jail just after 9:00 AM this morning. There is a court apperance set for April 11, 2006 @ 8:30 AM in Division 30 located at 210 w. Temple Street, Los Angeles.

An evening update from the L.A. Times...

You Shot Someone In Self Defense Should You Call 911?

Decades earlier the only person allowed to answer emergency phone calls at a police agency was a trained cop. The cities learned they could save a lot of money by hiring civilians to do that job. It was not a good move because the operators had little training and were never up to the task. Frankly too many of these people lack enough basic intelligence to do the job.

Here is how it all works these days. You call 911 and an operator answers the call. The operator then types in basic address information for the dispatcher and the officer’s digital mobile terminal (car computer). The operator tells the dispatcher what’s going on. The dispatcher then tells the officers in the field the information from the operator. The officers only get third hand information to do their job.

The 911 operators are trained to give the simplest of first aid instructions but the juiciest part of the job is drawing out the excited utterances of the callers as well as full confessions. Miranda and the Fifth Amendment don’t apply in this area.

They record every call and those recordings are often a large part of the evidence used to put someone in prison. The 911 operators are rewarded for quickly asking those 20 incriminating questions. Unfortunately the intrigue of this part of the job changes the focus from helping people to encouraging them thoughtlessly babble their way to jail during some crisis.

This 911 call came from young a Phoenix Arizona woman who was living with a local violent felon. The goon made a habit of beating her and threatening her and her children with his Chinese SKS rifle and several handguns he illegally possessed.

A Phoenix homicide detective was investigating the thug for a murder. This frightened woman wanted to tell the detective what she knew but was legitimately afraid to do so.

This night the thug was high on methamphetamine, violent while waving his rifle at this woman and her two children. It ended when the rifle wielding drunken felon was shot in the chest. The woman called 911 asking for that homicide detective and help.

Before it was over the victim lost her job, apartment, car, clothing, all belongings and children while sitting in jail for a year waiting for her murder trial. She was acquitted and set free with only the dirty clothes she was arrested wearing a year earlier.

Sit back and relax as you listen to her call to 911 and ask yourself if making that call was a good idea…

Will The Fruit Of The Poisonous Tree Doctrine Spoil The Pellicano Wiretap Prosecutions?

Certainly not for those who took sweet plea deals to become snitches. Pellicano and the other holdouts may yet find themselves freed because of tainted evidence. The evidence here may have been infected by law enforcement personnel exceeding legal limitations of the laws and rules of investigative searches.

When the cops raided Pellicano they were looking for evidence of threats or extortion involving freelance reporter Anita Busch. The search warrants used were like all warrants. They had to specifically detail what evidence they were going to find and where it would be located.

Searching Pellicano’s files related to other clients should have been off limits for a couple of reasons. For one the investigator’s other files were work product from litigation investigations protected by the lawyer client confidential privilege. The other is that they don’t have a link to the Busch case. These are not insignificant issues.

Was the motivation of the additional fishing expedition searching and computer encryption code breaking beyond the scope of the original warrant? Were the law enforcement raiders tempted to stick their noses into a gossipmonger’s treasure trove of salacious Hollywood cases? That’s a question that will have to be answered by the judge assigned to this case.

There will be Motions To Suppress Evidence on this issue and we can expect a huge fight to over the searches that may prove to undermine the entire case.

Pellicano may have limited funds to litigate these days but there are plenty of other defendants in this case with the deep pockets needed to pay for whatever is required to overcome the scope of the damaging searches.

Should the Judge rule that there is one simple violation of the U.S. Constitution’s Fourth Amendment that led to the Indictments, it will all become fruit of the poisonous tree. As such all evidence uncovered by the misconduct must be suppressed. The prosecution will be over. Should that happen there would be those that say, they beat the case over a technicality. Our Bill of Rights is no technicality.

More Information On That Double Justifiable Homicide in Chicago…

We now have the names criminal histories and street gang affiliations of the two dead thugs. They were Kenneth Elrod, 31, of the 5400 block of West Waveland and Demetri Centera, 31, of the 4700 block of North Kenneth in Chicago.

Elrod and Centera were proud members of the Latin Eagles street gang. They were both career criminals. Elrod was a burglar and drug offender that has been twice sent to prison. Centera has a rap sheet listing no less that 26 arrests for a wide variety of crimes including drugs, disorderly conduct and trespassing.

It turns out that this event began at the Magic Touch Club located 5728 W. Belmont when Elrod caused a disturbance with another man and was removed from the club by the off duty officer. Elrod went home and came back with Centera, guns and extra ammo to exact revenge. They waited for the officer to leave the club and then ambushed him with drawn guns at Belmont and Kilpatrick.

Both offenders committed serious new felonies by possessing firearms because of their past criminal records. The incredibly stupid decision to harm their victim cost these two criminals their lives.

The Albany Park District tactical officer was lucky to be armed, well trained and somehow capable of surviving this deadly assault. The officer’s actions were carefully reviewed by the department and were ruled to be justifiable and proper under department regulations. One thing for sure Chicago is a safer place without Elrod and Centera roaming the streets.

As for the two dead men this seems to be yet another sad example that validates Darwin’s theory of evolution.

Music Producer to plead guilty today in the Pellicano case

Robert Pfeifer, one of the defendants in the Pellicano wiretap case, is scheduled to appear in a Los Angeles federal court this afternoon at 1:30 PM before Judge Fischer to plead guilty.

According to prosecutors Pfeifer threatened in e-mails to flee the country or kill himself rather than face charges and disgrace.

This is yet another indication of a deal to cooperate in the prosecution of others in this growing Hollywood eavesdropping scandal.

When Pellicano sees that he will never get out of prison, many like me believe he will betray all of his clients. Pellicano will then enjoy his retirement in the witness protection program...

3:50 PM an update:
The following is straight from the U.S. Attorney:
This afternoon, before Judge Fischer, Robert Pfeifer pleaded guilty to wiretapping.
Judge Fischer scheduled a sentencing hearing for June 26.
The maximum sentence for the offense is five years in federal prison.

Following the entry of the guilty plea, we agreed that Pfeifer could be released on bond. Judge Fischer subsequently set bond at $1 million. However, Pfeifer will not be released until next week because he must deed over his house to secure the bond.

At today's court hearing, Assistant U.S. Attorney Kevin Lally read the following into the record to support Pfeifer's guilty plea:

FACTUAL BASIS

In July 2000, defendant retained Anthony Pellicano as a private investigator in connection with litigation against his former employer, Z-Axis. Beginning no later than August 2, 2000, Pellicano used an electronic, mechanical, or other device to conduct an illegal wiretap of the telephone of defendant’s ex-girlfriend Erin Finn, who had given a deposition adverse to defendant in the Z-Axis litigation. Defendant was fully aware of the wiretap and discussed with Pellicano the interception of Finn’s telephone calls, including calls between Finn and her attorneys, and the information that Pellicano was obtaining from the wiretap. Between July and December 2000, defendant paid at least $125,000 to Pellicano, which he understood would be used in part to finance the wiretapping of Finn.

At approximately 12:30 a.m. on June 23, 2003, while the federal investigation of defendant and others was ongoing, defendant telephoned Erin Finn. Defendant asked Finn if she was a “snitch” and stated that he would disclose that fact. Defendant intended by these statements to influence Finn in connection with her status as a witness in the investigation.

More!

Nikki Finke tells us abut Pellicano’s “Telesluth” program and how the feds cracked the encryption to examine the evidence that led to the wiretapping indictments.

For me that raises serious Fourth Amendment issues. The cops were not looking for wiretapping evidence when they raided Pellicano’s offices. They apparently believed that he was wiretapping and took encrypted evidence without knowing what it was. I see a big test ahead for whatever the prosecutors try to introduce as evidence. This case is far from a done deal as I see it.

Nikki’s article…

Chicago’s Mugger Protection Act Somehow Failed Last Night..

Two men in their 20’s were apparently driving in their pick-up truck on Chicago’s Northwest side in the wee hours. They spotted a Hummer at a stoplight. I guess envy and greed took over as the two pointed guns at the driver of this exotic looking vehicle.

The frightened Hummer operator happened to have a gun of his own and knew how to use it. He quickly opened fire, fatally wounding the driver and front-seat passenger in the truck.

The Hummer operator was lucky enough to have the special privilege to carry a gun for self-protection in Illinois. A permit you ask? Why there’s no such thing! The lucky fellow happened to be a yet to be identified Albany Park District tactical unit officer for the Chicago Police Department.

Both of the not so lucky would be carjackers are dead today. They proved once again that Darwin rules. The off duty cop followed his training and was thankfully uninjured.

Perhaps it’s time for the politicians to rethink their Mugger Protection Act and allow the law-abiding folks the protection they need and deserve. The Illinois plan was to make sure only the criminals were armed. That law failed today. We all all safer today as a result.

Here's the latest information on the shooting as of 04/08/06.

13 Year Veteran Cop Facing Jail Disgrace And The End Of His Career.

You’re a cop and you have the tools to investigate people and know how to use them. But now you want to find out about your strange neighbor, the person that cares for your children or that scumbag that made false allegations about you or your partner. What do you do? If you access the department computers you may find yourself in real trouble like Phoenix police detective, Juan H. Rivera.

There is a solution that won’t get you in trouble. You simply find a retired officer who has a second career as a private detective who can access the motor vehicle records and get you what you need.

You can always get the public information about someone’s criminal background from the courts and never face criticism from anyone.

Penn & Teller Weigh In On Gun Control

I have to give a hat tip here to The Liberty zone and John Lott for this little gem.

Singer Gene Pitney dead at age 65.

The 1950s and 60s brought us a new era of music called Rock and Roll. A true icon of that time was then a young man of considerable talent, Gene Pitney. Pitney released a string of unforgettable hits that I grew up with.

I always lamented that I never got to see him in person. That is until about two years ago when he put on a marvelous show in Las Vegas. Needless to say I did not miss that opportunity. Pitney was fit, fabulous and looked like he had another 20 years left to tour before he would retire. I got to meet him and shake his hand afterwards. Pitney also produced a DVD of that show that I own.

When the Beatles hit our shores Rock and Roll was pushed to the side. Later, Disco would rule American tastes. Too many artists like Pitney found themselves in forced retirement. Instead of retirement, Pitney explored and found new audiences in Europe and Australia and New Zealand. Pitney spent his time where the money was instead of brooding at home.

Gene died while touring in the UK. Another great one is in Rock and Roll Heaven. Rest in peace Gene…