Red Herring Alert

There's something fishy going on!

ABOVE THE LAW

AMERICANS REACT WITH FURY: ‘IF HILLARY DOESN’T FOLLOW THE LAW, WHY SHOULD I?’

Anger as FBI recommends no charges for former Secretary of State

JULY 5, 2016

Americans React With Fury: 'If Hillary Doesn't Follow the Law, Why Should I?'

Many Americans reacted furiously to the FBI’s announcement that Hillary Clinton should not face criminal charges over her email scandal, with some asserting that since the former Secretary of State appears to be above the law, they would also now refuse to follow it.

“Why should we follow the law when our leaders don’t?” asked one respondent, adding, “This Clinton bullshit has sealed the deal for me. We are ruled by a corrupt cabal that is above the law.”

“If Clinton wins, I’m not paying taxes anymore or following federal laws,” wrote another, adding, “Simple as that. It’s over. They can jail or kill me, I don’t care. I’d rather live as a free American for a day, then spend a lifetime under criminals.”

“If Hillary Clinton is not indicted why should I ever follow another law? I’ve played by the rules my entire life. Every day,” wrote another enraged American.

Innumerable people on Twitter also asked why they should bother to follow the law given that it doesn’t even appear to apply to the nation’s highest elected representatives.

Continue Reading: http://www.infowars.com/americans-react-with-fury-if-hillary-doesnt-follow-the-law-why-should-i/

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JUDICIAL WATCH DEMANDS DOJ INSPECTOR GENERAL PROBE INTO “SCANDALOUS” LYNCH-CLINTON MEETING

The political scandal of the day was the news that on Monday evening (coincidentally just before the Benghazi report was released), Bill Clinton and US Attorney General Loretta Lynch just happened to meet on the tarmac at a Phoenix airport – totally unplanned of course. Clinton saw the attorney general and wanted to say hello, so Clinton boarded Lynch’s plane to talk for a bit.

Sure, just a quick chat about the weather, his putting stroke, anything except oh, say, an update on what was about to be released on Benghazi, and especially not an update on the ongoing FBI investigation into Hillary.

Our conversation was a great deal about his grandchildren. It was primarily social and about our travels. He mentioned the golf he played in Phoenix, and he mentioned travels he’d had in West Virginia. There was no discussion of any matter pending for the department or any matter pending for any other body. There was no discussion of Benghazi, no discussion of the State Department emails, by way of example” Lynch told reporters.

Continue Reading: http://www.infowars.com/judicial-watch-demands-doj-inspector-general-probe-into-scandalous-lynch-clinton-meeting/

Police Misconduct

Activist Post

Chicago Investigator Blows Whistle on Corrupt Police Review Board

A former investigator with Chicago’s Independent Police Review Authority has filed a lawsuit claiming that he was fired for refusing to produce false reports regarding officers accused of misconduct.

Lorenzo Davis began working with Chicago’s Independent Police Review Authority (IPRA) in 2008 as an investigator after 23 years with the Chicago Police Department. By July 2010, he was promoted to supervising investigator before moving up to deputy chief administrator in October 2011 and finally, chief administrator in February 2014.

Courthouse News reports

As his boss, Davis says, “Ando began ordering plaintiff to change his sustained findings of police misconduct … in favor of the accused officers.”

He claims that Ando and Mitchell told him “to change the content of his investigative reports to more favorably reflect upon the accused officers’ conduct or to discredit the victim or witnesses.”

He wasn’t the only one, Davis says: “Ando and Mitchell also ordered other IPRA investigators to change the contents of their investigative reports and change their ultimate findings from sustained to not sustained, unfounded or exonerated.”

The IPRA was originally formed in 2007 to investigate other accusations of police corruption and misconduct. Unfortunately, the agency has itself been the subject of misconduct and corruption. In fact, in December 2015, Ando resigned from his position as head of the IPRA just as it was announced that the U.S. Department of Justice would begin an investigation into the CPD. The IPRA’s reputation has become so tarnished that in early April, the editorial board of The Chicago Tribune wrote, “the IPRA and its reputation are beyond repair. The way forward is clear: Blow it up. Start over.”

Only weeks ago Chicago Mayor Rahm Emanuel announced plans to completely end the IPRA in favor of a “new civilian investigative agency that has more independence and more resources to do its work.” Emanuel’s plan mimics a report from the Police Accountability Task Force, organized by Emanuel after the death of Laquan McDonald, which calls for the creation of a new review board. According to the Better Government Association, between 2010 and 2014 Chicago police shot 240 people, killing 70.

Both the Chicago Police Department and the IPRA are under fire for corruption, abuse, and possible criminal behavior. At this point the idea that the Mayor (another representative of the establishment) could realistically root out the poison that seems to infected the core of the Chicago Police Department is preposterous. All of these bureaucracies exist to sustain themselves and to subvert the will of the people. This is because these institutions are dependent on the people for funding (stolen via taxation) and ultimately serve the will of the State.

Imagine what would happen if our communities started organizing against these violent criminals and peacefully prevented the murder of our people? It’s time to start having those conversations.

Image Credit

Derrick Broze is an investigative journalist and liberty activist. He is the Lead Investigative Reporter for ActivistPost.com and the founder of the TheConsciousResistance.com. Follow him on Twitter.

Derrick is available for interviews.

This article may be freely reposted in part or in full with author attribution and source link.

Forcing the Innocent to Plead Guilty, an American Disgrace

Amaury Villalobos and William Vasquez reacted after their exonerations in a 1980 Brooklyn arson case. From left, Adele Bernhard, a lawyer, with Mr. Villalobos; Rita Dave, a lawyer, with Mr. Vasquez; and the widow of Raymond Mora, a third defendant who was cleared, Janet Mora, and their daughter, Eileen Mora. (photo: Pearl Gabel/NYT)

By John Kiriakou, Reader SupportedNews

19 April 16

 record 149 people had their criminal convictions overturned in 2015 after courts found they had been wrongly charged, according to a recent study. Nearly 4 in 10 of those exonerated had been convicted of murder, and the average newly-released prisoner had served more than 14 years in prison. Most of the exonerations came in only two states, Texas and New York. The National Registry of Exonerations, a project of the University of Michigan Law School, found that there have been 1,733 exonerations since 1989, with the total doubling since 2011. More than two-thirds of last year’s exonerees were minorities. Five had been sentenced to death.

There is a reason why most of the exonerations have come from two locales. District attorneys in Brooklyn, New York, and Harris County, Texas, have begun long-term reviews of questionable convictions, actions that are being watched by prosecutors and defense attorneys across the country. With 156 death row exonerations since 1973, according to the Death Penalty Information Center, this is a problem that must be addressed.

The National Registry of Exonerations report stated further that 42 of those exonerated in 2015 had pleaded guilty, a glaring indication that the current system of seeking plea bargains simply isn’t just. Indeed, Propublica found that 98.2 percent of all federal cases end in conviction, with nearly all of those a result of plea deals.

Why would an innocent person take a plea? Really, there is no alternative. First, the government uses a technique called “charge stacking.” Have you committed an actual crime? Be prepared for multiple charges, including a lot of “throwaway charges,” like obstruction of justice or making a false statement. In addition, the government will likely levy multiple charges against you for the same crime.

The point is not necessarily to convict you on everything, although prosecutors are perfectly happy to do that. The point is that prosecutors will eventually offer you a deal. Take a plea to one count and the others will be dismissed. It’s a negotiating ploy. But for the accused, the question is this: Even if you are innocent, should you take a plea and do a couple of years in prison or should you try your luck at trial, knowing that almost no defendant wins in court? Almost everybody takes the deal.

After I blew the whistle on the CIA’s torture program, the Justice Department charged me with violating the Intelligence Identities Protection Act. I had confirmed the name of a former CIA colleague to a reporter who wanted to interview him for a book. The name was never made public, but I shouldn’t have done it. Still, I had no criminal intent and there was no harm to the national security.

But that didn’t matter. The government added three espionage charges, as well as a charge of making a false statement. They threatened additional charges of making a false statement and obstruction of justice. Of course, I hadn’t committed espionage. Nor had I made any false statements. But that didn’t matter. Why risk a trial when you can just force a defendant to take a plea?

In the end, I took a plea to the initial charge. Everything else was dismissed. I was sentenced to 30 months in a federal prison. If I had gone to trial and had been found guilty, I was looking at 45 years. Realistically, I would have been sentenced to 18-24 years. Either way, I would have likely died in prison.

That happens every day in America. So it should be no surprise that innocent people are in prison as a result of pleading guilty to crimes they didn’t commit. The work of the Brooklyn and Harris County district attorneys should be lauded. But innocent men and women shouldn’t have to rely on the isolated prosecutor with a conscience for justice. Justice should mean justice.


John Kiriakou is an Associate Fellow with the Institute for Policy Studies in Washington DC. He is a former CIA counterterrorism operations officer and former senior investigator for the Senate Foreign Relations Committee.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

Dakota County Discredited Again!

April 13, 2016 | UPDATED: 4 days ago

A former defense attorney jailed for weeks on the subsequently dropped charge that he set his girlfriend on fire — resulting in international news coverage, including a Taiwanese cartoon casting him as a maniac — has filed a federal lawsuit against the law enforcement agencies involved.

David John Gherity (Photo courtesy of Dakota County Sheriff's Office)
David John Gherity (Photo courtesy of Dakota County Sheriff’s Office)

The suit, filed in federal court in St. Paul last week on behalf of David J. Gherity, 62, and his then-girlfriend Joan Isabella, accuses Burnsville police and Dakota County Attorney’s Office of violating Gherity’s constitutional rights.

It also names two investigators who worked for the department during the 2014 case, along with chief Eric Gieseke and the Hennepin County Medical Center, where Isabella received treatment after the fire.

The suit alleges unlawful arrest and confinement and violation of the “protected liberty interest in his (Gherity’s) good name.” It further alleges the agencies hid evidence, manipulated witness statements and kept Gherity in jail knowing he was innocent.

Joseph E. Flynn, an attorney representing the city of Burnsville, responded, “We find the claims to be completely unfounded, and we will be addressing the specific claims with the actual facts in court.”

Flynn added that Gherity’s arrest was based on “compelling statements of the victim, forensic evaluation and interviews of numerous witnesses. The investigation was thorough, complete and timely, and we had probable cause to proceed with the arrest.”

The Dakota County attorney’s office declined comment.

In February 2014, firefighters were called to the Burnsville condominium where Gherity and Isabella lived, and found Isabella sitting at a table with burns on her head and face, neck and legs.

Gherity, 62, was charged in April 2014 in Dakota County District Court with first-degree assault and two counts of first-degree arson. He was arrested and held in jail from April 2 until May 30 of that year, according to the suit; charges against him were dropped on June 13.

Read More:http://www.twincities.com/2016/04/13/former-defense-attorney-sues-burnsville-police-dakota-county/

Judge Brutality

Judge Orders Innocent Man To Be Tasered (Judge Robert C. Nalley) 

Maryland Circuit Court Judge Robert C. Nalley — who in 2009 deflated the tire of a Toyota parked outside the Charles County courthouse – recently ordered a court security officer to administer an electrical shock to a defendant inside his courtroom. The former Maryland judge who pleaded guilty to the civil rights violation for ordering the defendant to be physically shocked in his courtroom will have to take anger-management classes as part of his sentence.

7,827 Drug Cases Called into Question After Police Lab Tech Caught Faking Test Results 

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Image courtesy of jk1991 at FreeDigitalPhotos.net

These findings are appalling and chilling in their indictment of our criminal justice system, not only for potentially innocent defendants who have been wrongly imprisoned, and even executed, but for prosecutors who have relied on fabricated and false evidence despite their intentions to faithfully enforce the law.”      Senator Richard Blumenthal

Carey Wedler | Anti Media – March 4, 2016

A lab technician for the New Jersey State Polices’ Office of Forensic Science has ‘retired’ early after being caught falsely identifying a substance as marijuana without conducting the proper tests. On Monday, Deputy Public Defender Judy Fallon issued a memo to Public Defender Joseph Krakora explaining Kamalkant Shah’s falsified report:

Laboratory Technician II Kamalkant Shah of the New Jersey State Police Laboratory (in Little Falls) has been found to have ‘dry labbed’ suspected CDS specimens. Basically, he was observed writing ‘test results’ for suspected marijuana that was never tested.

According to NJ Advance Media, “Ellie Honig, director of the Division of Criminal Justice of the Attorney general’s office, said in [a] Feb. 22 letter to county prosecutor’s offices that Shah ‘failed to appropriately conduct laboratory analyses in a drug case.’”

The letter, released from the Attorney General to the news outlet on Wednesday, disclosed that “Mr. Shah was observed in one case spending insufficient time analyzing a substance to determine if it was marijuana and recording an anticipated result without properly conducting the analysis.”

The letter advised prosecutors to disclose this information to defense counsel,” NJ Advance Media reported.

The former technician’s indiscretion in that singular marijuana case has now called into question thousands of drug cases he conducted tests for, as the one in question was only the first observed instance of his dishonesty.

As Fallon noted, “Mr. Shah was employed with the lab from 2005 to 2015; obviously all his ‘results’ have been called into question.”

Continue Reading: http://theantimedia.org/7827-drug-cases-called-into-question-after-police-lab-tech-caught-faking-test

Read below about Minnesota’s own problems in the criminal justice system:

Dakota County Public Defenders Lauri Traub and Christine Funk

strib.logo

Tevlin: Lawyers’ detective work must be commended

JULY 28, 2012

“If I were waiting on us, we’d have coffee by now,” said Traub, who along with Funk has caused upheaval at the St. Paul crime lab by questioning the way it processed drug cases.

Traub made her declaration with authority, but not the authority of a respected defense attorney. She made it with the authority of a waitress at a hotel restaurant, which she is when she is not defending drug dealers or murderers.

You could say Traub is well versed in both torts and tortes.

Together, they have raised questions about the St. Paul crime lab that should scare the bejeebers out of cops, prosecutors and anybody wrongly convicted of a crime.

Continue Reading:http://www.startribune.com/tevlin-lawyers-detective-work-must-be-commended/164151536/


St. Paul crime lab problems aren’t leading to overturned convictions

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COURTESY, DAKOTA COUNTY Judge Kathryn Davis Messerich

This summer, they identified about 1,700 drug cases in Ramsey, Dakota and Washington counties that could qualify for “post-conviction relief” because the evidence originally presented to the crime lab could have been mishandled or misinterpreted. But so far, attorneys in the already strained public defender’s office have filed for relief — anything from a shortened sentence to a dismissal of charges — in 17 cases where defendants were convicted with evidence that relied on the police lab.

Prosecutors have largely taken a hard-line stance on the challenges after a judge ruled earlier this year that evidence that had been retested could be used in court. Since then, many requests haven’t made it past the filing of copious paperwork; judges denied evidentiary hearings where arguments could be hashed out in open court and requests to withdraw guilty pleas were denied. The decisions, made in chambers based on court transcripts and written arguments, are well within a judge’s purview — but frustrate the public defender’s office.

“[Prosecutors] want to hold onto the convictions,” said Jenny Chaplinski, an attorney in the appellate unit who is spearheading the challenges. “That’s their job; I get that.

“I thought there would be a lot more open communication between the public defender’s office, or myself, and the prosecutors’ offices, and that hasn’t been the case.”

Only two defendants have met with some degree of success — their convictions in Washington County were reduced from felonies to misdemeanors and they were released early from probation after prosecutors and defense attorneys negotiated.

“In this case, the two lawyers talked and saved everybody time,” said Fred Fink, criminal division chief for the Washington County attorney’s office. “I thought it was a reasonable way to handle things. The state still walked away with a … conviction.”

Chaplinski isn’t optimistic about the status of the remaining cases. Six cases in Ramsey County have been denied post-conviction relief, six are pending and one was dismissed by the defendant. Two are pending in Dakota County.

Both sides face a delicate balance as they continue to navigate fallout from a hearing last year that showed major scientific flaws with how the St. Paul police lab tested suspected drugs. Everyone agrees that the lab had problems even as people were convicted with evidence it produced, or pleaded guilty before evidence could be sent there for testing.

But prosecutors and defense attorneys have clashed about how much review, if any, older cases should receive in light of the revelations. For Chaplinski and others at the public defender’s office, the implications merit thorough vetting — and a hearing in court — for anyone who steps forward.

Continue Reading: http://www.startribune.com/despite-st-paul-crime-lab-failings-few-convictions-overturned/237258871/


Crime Lab Scandals the Focus of New DOJ Plan

DECEMBER 8, 2015 by KATIE WORTH Tow Journalism Fellow, FRONTLINE/Columbia Journalism School Fellowships

The equipment in the St. Paul Police crime lab was filthy. Technicians accidentally contaminated some samples, and made fundamental mistakes while testing others. In one case, a Post-it note on a case file indicated that someone not employed by the lab had opened drug evidence and weighed it. In another, a technician used Wikipedia as a “technical reference.”

These were among the findings of two independent reviews of the St. Paul Police crime lab — findings that shocked Minnesota authorities and shut down the facility for six months in 2013. That summer, state public defenders identified 1,700 drug cases that could qualify for “post-conviction relief” because evidence brought to the lab might have been mishandled or misinterpreted.

Continue Reading :http://www.pbs.org/wgbh/frontline/article/crime-lab-scandals-the-focus-of-new-doj-plan/      

Just another fake solution to pacify the public. Anyhow, what ever happened to the 2 Dakota County Whistleblowers?


Attorneys of the Year: Lauri Traub and Christine Funk

Minnesota Office of the Public Defender
Read more: http://minnlawyer.com/2013/02/25/attorneys-of-the-year-lauri-traub-and-christine-funk/#ixzz44OpX9Ijy


Public defender who criticized St. Paul crime lab sues over data privacy breach

Lauri Traub says employees from several police departments and sheriff’s offices illegally perused her driver’s license information.

NOVEMBER 6, 2013 

In a complaint filed Monday in U.S. District Court, Lauri Traub accused unidentified members of the police departments and sheriff’s offices in St. Paul, Farmington, St. Paul Park, Hastings, Burnsville, Aitkin County, Dakota County and Sherburne County of obtaining personal information from her motor vehicle record about a dozen times since June 2010.

Continue Reading: http://www.startribune.com/public-defender-who-criticized-st-paul-crime-lab-sues-over-data-privacy-breach/230748051/

Christine Funk                                                                   Attorney at Law

Advisory Committee on The Minnesota Rules of Evidence August 2005 – June 2006 Member by Appointment.

Responsibilities included reviewing the Minnesota Rules of Evidence with an eye towards new case law and statutes, making suggested changes and alterations in keeping with current law, as well as trends in Federal Court and around the nation.

Innocence Project of Minnesota  June 2003 – present. Member by Application

Consultant regarding fore nsic DNA issues in cases involving Innocence Project clients. May 2006 – present

May 2006 – present Board Member Consultant regarding forensic DNA issues in cases involving Innocence Project clients. Contribute to pursuit of Innocence Project mission, including education in the community.

Minnesota Forensic Laboratory Advisory Board September 2006 – present Member by Appointment

Technical Working Group on DNA for Defense Attorneys October 2007 – present Member by Invitation National Institute of Justice


Public defender in Fitch trial praised – but the job’s challenges continue

February 11, 2015 By Shaymus McLaughlin

The Pioneer Press detailed the small, yet forceful steps Traub took to ensure her client, Brian Fitch Sr., got a fair trial.

Who could defend an alleged cop killer? She did & would again. Brian Fitch’s defender speaks:

Continue Reading: http://bringmethenews.com/2015/02/11/public-defender-in-fitch-trial-praised-but-the-jobs-challenges-continue/


 

What do we know for sure? These systems are going to collapse, it’s just a matter of when. The way things are going, I suspect it will be soon!

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