By Richard Winton (Los Angeles Times) On the ground and screaming that he was “sorry,” a shirtless Kelly Thomas is shown being hit again and again with fists, a baton and finally the butt of a stun gun by Fullerton police officers in a dramatic video that was shown for the first time Monday in an Orange County courtroom.

The grainy black and white video of Thomas violent encounter with police outside a bus depot is the centerpiece of the prosecutions case against two officers accused of escalating a standard police encounter with a homeless man into a fatal beating.

At one point, Thomas — a 37-year-old mentally ill homeless man who was a familiar face in the city’s downtown — screams out: “Dad, they are killing me!”

The video and the sound of fists and a baton striking Thomas were so graphic that several spectators left the courtroom and the judge paused the video at one point after some people in the audience began to groan. He cautioned that those who couldn’t stomach the video should leave.

via Video portrays violent death of Kelly Thomas – latimes.com.

 May 8, 2012  Posted by at 8:04 am No Responses »
 

By  Melissa Boteach (ThinkProgress) Ann Romney has tweeted, “All moms are entitled to choose their path.” But unfortunately for low-wage working moms and nearly half of private sector workers, the” choice” is either “go to work and send my sick kid to school” or “stay at home with my sick child and risk losing my job or needed income.” That’s a choice no parent should have to make. Does Mitt Romney agree?

Women are now half of all workers on U.S. payrolls and breadwinners or co-breadwinners in nearly two-thirds of all families. Their incomes are sorely needed to provide basic economic security for their families.

Yet the U.S. also faces high rates of work-family conflict with few laws to support working families. One of the biggest culprits is workers’ lack of paid sick days to care for themselves, an elderly parent, or a sick kid – an issue that has been largely absent in the election debates.

Forty percent of private sector workers and 80 percent of low-wage workers do not have a single, paid sick day to recover from a short-term illness or to provide care for their loved ones.

via Does Mitt Romney Support Paid Sick Days? | ThinkProgress.

 April 14, 2012  Posted by at 6:26 pm No Responses »
 

By Rania Khalek (Salon) As the shooting death of Trayvon Martin and the failure of authorities to arrest his killer, George Zimmerman, continues to grab headlines, many conservatives and gun rights advocates insist that race has nothing to do with it. Some have also rallied to the defense of Florida’s “stand your ground” law, the self-defense legislation under which Zimmerman was able to avoid arrest. Yet not all stand your ground claims are so successful. Not too far from Sanford, Fla., a black man named John McNeil is serving a life sentence for shooting Brian Epp, a white man who trespassed and attacked him at his home in Georgia, another stand your ground state.

The McNeils weren’t the only ones who felt threatened by Epp. David Samson and Libby Jones, a white couple who hired Epp to build their home in 2004, testified that they carried a gun as a “precaution” around Epp because of his threatening behavior. According to Jones, Epp nearly hit her when she expressed dissatisfaction with his work at a weekly meeting. The couple even had a lawyer write a letter warning Epp to stay away from their property. Samson testified that after they fired him, Epp would park his car across the street and watch their house, saying “it got to the point where my wife and I were in total fear of this man.”

After a neighbor across the street who witnessed the encounter corroborated McNeil’s account, police determined that it was a case of self-defense and did not charge him in the death. Nevertheless, almost a year later Cobb County District Attorney Patrick Head decided to prosecute McNeil for murder. In 2006, he was convicted and sentenced to life in prison.

via When “stand your ground” fails – Salon.com.

 April 12, 2012  Posted by at 7:24 am No Responses »
 

By Carly Carioli (Phlog) One of the most fascinating documents we came across was the BPD’s subpoena of Philip Markoff’s Facebook information. It’s interesting for a number of reasons — for one thing, Facebook has been pretty tight-lipped about the subpoena process, even refusing to acknowledge how many subpoenas they’ve served. Social-networking data is a contested part of a complicated legal ecosystem — in some cases, courts have found that such data is protected by the Stored Communications Act.

In fact, we’d never seen an executed Facebook subpoena before — but here we have one, including the forms that Boston Police filed to obtain the information, and the printed (on paper!) response that Facebook sent back, which includes text printouts of Markoff’s wall posts, photos he uploaded as well as photos he was tagged in, a comprehensive list of friends with their Facebook IDs (which we’ve redacted), and a long table of login and IP data.

This document was publicly released by Boston Police as part of the case file. In other case documents, the police have clearly redacted sensitive information. And while the police were evidently comfortable releasing Markoff’s unredacted Facebook subpoena, we weren’t. Markoff may be dead, but the very-much-alive friends in his friend list were not subpoenaed, and yet their full names and Facebook ID’s were part of the document.

via When the cops subpoena your Facebook information, here’s what Facebook sends the cops – Phlog.

 April 8, 2012  Posted by at 2:46 pm No Responses »
 

By Frederick E. Allen (Forbes) Four university professors found that power breeds overconfidence, and overconfidence leads to bad decisions.

People who had been primed to think of themselves as more powerful had more confidence in their answers — and yet their answers were actually less accurate.

The fifth and final experiment the four conducted found that the tie between power and overconfidence “was eliminated when the powerful were made to feel incompetent.”

via Study Finds That Having Power Can Make You Stupid – Forbes.

 March 16, 2012  Posted by at 10:07 am No Responses »
 

By Ross McGuinness (Metro UK) Instead of just worrying about what might happen to their material possessions after they die, more and more people are taking steps to protect the belongings they store online.

The emergence of cloud computing — storing your information on a network of remote servers on the internet as opposed to a local server — means images, songs, movies, email logins, social networking details and online bank accounts are part of a new digital property.

And, like any property, people are starting to include them in their wills. Eleven per cent of Britons say they have  included, or plan to include, their internet passwords in their wills.

‘Control what is publicly available online during your lifetime – don’t wait for your executors or anyone else to sort your public profile out after death,’ said Sarah Needham, media and data protection lawyer at law firm Taylor Wessing.

She warned digital assets could be used ‘in an inappropriate and unexpected way’ if they were not looked after.

via What happens to your online life after you die? | Metro.co.uk.

 March 13, 2012  Posted by at 6:13 am No Responses »
 

By John Avlon (The Daily Beast) Ninety-eight major advertisers—including Ford and Geico—will no longer air spots on Premiere Networks’ ‘offensive’ programs. Insiders say the loss will rock right-wing talk radio.

Premiere Networks, which distributes Limbaugh as well as a host of other right-wing talkers, sent an email out to its affiliates early Friday listing 98 large corporations that have requested their ads appear only on “programs free of content that you know are deemed to be offensive or controversial (for example, Mark Levin, Rush Limbaugh, Tom Leykis, Michael Savage, Glenn Beck, Sean Hannity).”

This is big. According to the radio-industry website Radio-Info.com, which first posted excerpts of the Premiere memo, among the 98 companies that have decided to no longer sponsor these programs are “carmakers (Ford, GM, Toyota), insurance companies (Allstate, Geico, Prudential, State Farm), and restaurants (McDonald’s, Subway).” Together, these talk-radio advertising staples represent millions of dollars in revenue.

via Rush Limbaugh Scandal Proves Contagious for Talk-Radio Advertisers – The Daily Beast.

 March 10, 2012  Posted by at 6:24 pm No Responses »
 

By David G. Savage (Los Angeles Times) Mary Brown, a 56-year-old Florida woman who owned a small auto repair shop but had no health insurance, became the lead plaintiff challenging President Obama’s healthcare law because she was passionate about the issue.

Brown “doesn’t have insurance. She doesn’t want to pay for it. And she doesn’t want the government to tell her she has to have it,” said Karen Harned, a lawyer for the National Federation of Independent Business. Brown is a plaintiff in the federation’s case, which the Supreme Court plans to hear later this month.

But court records reveal that Brown and her husband filed for bankruptcy last fall with $4,500 in unpaid medical bills. Those bills could change Brown from a symbol of proud independence into an example of exactly the problem the healthcare law was intended to address.

The couple owed $2,140 to Bay Medical Center in Panama City, $610 to Bay Medical Physicians, $835 to an eye doctor in Alabama and $900 to a specialist in Mississippi.

“This is a very common problem. We cover $30 million in charity and uncompensated care every year,” said Christa Hild, a spokeswoman for the hospital center. “If it’s a bad debt, we have to absorb it.”

via Plaintiff in healthcare law challenge went bankrupt – with unpaid medical bills – latimes.com.

 March 9, 2012  Posted by at 7:12 am No Responses »
 

By Jillian Rayfield (TPM) Before you can join the Laurens County Republican Party in South Carolina and get on the primary ballot, they ask that you pledge that you’ve never ever had pre-marital sex — and that you will never ever look at porn again.

via SC County GOP: If You’ve Had Pre-Marital Sex, You Can’t Be A Republican | TPMMuckraker.

 March 7, 2012  Posted by at 11:10 am No Responses »
 

By Scoutmaster (FreeRepublic.com) When Rush Limbaugh called Fluke a “slut” and a “prostitute” repeatedly over the course of four days, he constantly made specific allegations about what Fluke had said. Among the four days of comments, Limbaugh said Fluke was “a woman who is happily presenting herself as an immoral, baseless, no-purpose-to-her life woman.” Which is odd, because Fluke never spoke of her own life. Rush claimed Fluke had testified that “she’s having so much sex she can’t pay for it,” although Fluke never said she was having sex or using contraceptives. Limbaugh said things like:

What does it say about the college coed Susan Fluke [sic], who goes before a congressional committee and essentially says that she must be paid to have sex? What does that make her? It makes her a slut, right? It makes her a prostitute. She wants to be paid to have sex.

None of the statements about her sex life that Limbaugh attributed to Fluke were true, because Fluke never spoke about her sex life or her use of contraceptives. But Limbaugh repeatedly called Fluke a “slut,” and a “prostitiute” based on her statements that he made up. Rush blew it. He made hours of specific demeaning (at least to conservatives) allegations about what Fluke said, and those allegations weren’t true. And he called her insults (at least to conservatives) based on the false statements he attributed to her.
New York Times Co. v. Sullivan, 376 U.S. 254 (1964), a public figure suing for defamation must prove that that the defendant/publisher had ‘actual malice,’ which means the defendant must have known that the statement was false or acted in reckless disregard of its truth or falsity.

Was Sandra Fluke a public figure? Simply appearing before Congress, or appearing in the public, isn’t enough to make one a public figure. If Sandra Fluke had been subpoenaed to appear before Congress and had been required to make her statements as testimony, she almost certainly would not have been a public figure. Fluke also wasn’t a standard public figure at the time she gave her presentation because she hadn’t earned that role by being ‘pervasively’ in the news. Gertz v. Robert Welch, Inc., 418 U.S. 323, 345.

So . . . I’d love to hear some experts in the area of defamation of public figures weigh in, but my quick-and-dirty is that if Fluke were not a public figure, it’s clear that Limbaugh defamed her repeatedly.

via Will Sandra Fluke Sue Rush Limbaugh (Vanity).

[Note: the comments have much less pig grunting than previous threads on the topic and a very persuasive argument that if Fluke sues Limbaugh he is likely to lose. This is the best legal opinion I've read so far.  --JS]
via Will Sandra Fluke Sue Rush Limbaugh (Vanity).

[Note: the comments have much less pig grunting than previous threads on the topic and a very persuasive argument that if Fluke sues Limbaugh he is likely to lose. This is the best legal opinion I've read so far.  --JS]

 March 5, 2012  Posted by at 7:43 pm No Responses »