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-==='''Is There an Innocence Exception to Anti-Terrorism and Death Penalty Act for Timeliness Requirement?'''===
+===What Should NY Do About the Central Park Jogger Case?===
-Floyd Perkins filed his habeas petition five years too late-however
+"For nine years, New York City has fought a civil rights suit[http://www.nytimes.com/2003/12/09/nyregion/3-of-5-in-jogger-case-sue-city-charging-a-wide-conspiracy.html  ] by five men whose convictions in the 1989 rape of the woman known as the Central Park jogger were [http://www.nytimes.com/2002/12/20/nyregion/convictions-and-charges-voided-in-89-central-park-jogger-attack.html overturned]. Officials have even tried to subpoena information from Ken Burns, whose [http://www.cinemablend.com/new/Trailer-Ken-Burns-Documentary-Central-Park-Five-Arrives-33719.html documentary] about the case opens Friday. The district attorney said DNA evidence and a review of the investigation showed that the confessions of the defendants, who were teenagers at the time, were false and that another man was the lone attacker. Police say that they did nothing wrong and that they still believe the five men were involved in the attack.
-"[d]ocuments in the court file suggest that Mr. Perkins actually tried pretty hard given his circumstances. Just before one deadline, he told Judge Bell in a handwritten filing, 'petitioner's legal documents and much of his personal property was destroyed' by prison personnel 'following petitioner's involvement in inciting a riot.'
+Should the city acknowledge mistakes in the case and settle this lawsuit?"
-'After which,' Mr. Perkins continued, 'petitioner was denied access to the law library and law materials while he was held in solitary confinement' for almost five years. He said he continued to seek legal help and to work on his case 'as much as one could have done being confined to solitary.' "
+The New York Times posted several opinions from various commentators from former mayors to ministers and law professors.
--Adam Liptak, "[http://www.nytimes.com/2012/11/13/us/post-trial-evidence-is-issue-in-supreme-court-case.html?ref=todayspaper&_r=0 Case Asks When New Evidence Means a New Trial]," New York Times (Nov 12, 2012).
+- Room for Debate, "[http://www.nytimes.com/roomfordebate/2012/11/19/justice-and-the-central-park-jogger-case/?ref=opinion Justice and the Central Park Jogger Case]," NYT, Nov. 19, 2012.''' '''
-The Supreme Court granted cert on Oct 29, 2012, and arguments are expected in February on whether, under the AEDPA of 1996, there is an actual-innocence exception to the "timely filing" requirement of a habeas petition. (SCOTUSblog coverage available [http://www.scotusblog.com/case-files/cases/mcquiggin-v-perkins/?wpmp_switcher=desktop here].).
+===Lawsuit Filed Against PPB For Failing to Provide Sign Language Interpreters===
-==='''King County Dismisses All Misdemeanor Marijuana Cases'''===
+"A deaf Portland man who reported he was the victim of a domestic assault said police and 9-1-1 operators failed to respond with a sign language interpreter, hampering the police inquiry and putting him at risk.
-"King County Prosecutor Dan Satterberg has dismissed all misdemeanor marijuana possession cases currently pending in Washington's largest county. **** Friday's announcement followed the passage of Initiative 502, which legalized marijuana possession of one ounce or less in Washington State. The law also called for a legal framework under which marijuana could be grown and sold; both those activities remain illegal outside the medical marijuana industry.
+Philip Wolfe, 39, is suing the city of Portland in federal court, alleging the city violated the Americans With Disabilities Act, which prohibits discrimination against people with disabilities in state and local government services.
-The initiative goes into effect Dec. 6, but Satterberg said he saw no reason to wait to drop the charges. 'Although the effective date of I-502 is not until Dec. 6, there is no point in continuing to seek criminal penalties for conduct that will be legal next month,' Satterberg said in a statement."
+Wolfe's allegations highlight a gaping hole in Portland Police Bureau policy: Twenty-two years after the ADA was enacted, the bureau lacks any protocol on how to respond to people who are hearing impaired.
--Levi Pulkkinen. "[http://www.seattlepi.com/local/article/Satterberg-dismisses-all-misdemeanor-marijuana-4024296.php#ixzz2C85UZoWk Satterberg Dismisses All Misdemeanor Marijuana Cases]," Seattle PI.com (Nov 9, 2012).
+Wolfe is seeking a court order requiring the city to adopt uniform policies for police and emergency dispatchers to ensure sign language interpreters are supplied when a deaf crime victim or witness makes a report, requests assistance or is interviewed by police.
-==='''Once an Acquital, Always an Acquital?'''===
+'During Plaintiff's contact with the police, he was overwhelmed, disoriented and hurt,' his attorney Daniel Snyder wrote in the suit. 'Plaintiff was unable to understand the police officers clearly.' "
-"Lamar Evans was acquitted of burning down a vacant house after his trial judge mistakenly required Michigan prosecutors to prove more than they needed to, all sides now in the case agree.
+- Maxine Bernstein, "[http://www.oregonlive.com/portland/index.ssf/2012/11/portland_police_and_9-1-1_fail.html Lack of Portland Police, 9-1-1 Policies for Interpreters Discriminates Against People Who Are Deaf, Lawsuit Alleges]," The Oregonian, nov 16, 2012.
- The U.S. Supreme Court on Tuesday considered whether Evans can now be tried again.
+==='''Portland Police Car Rolls Over Man Stopped for Jaywalking'''===
-At the request of Evans's lawyer at the time, the trial judge said prosecutors had to prove that the house was a dwelling, even though state law did not require such proof. When they could not, the judge directed that Evans be acquitted.
+"A police car accidentally rolled over a man stopped for jaywalking in downtown Portland Monday night, according to Portland Police.
- However, the Michigan Supreme Court ruled 4-3 in March that Evans could be retried as the acquittal was based on an error of law that did not address the facts of the alleged crime.
+A police press release said that Jimmy Miles Duffey, 31, ran from officers when they tried to stop him for jaywalking near Southwest 12th Avenue at Columbia Street. They pursued Duffey and eventually caught him at Southwest Park Avenue at Main Street.
- *** Justice Ruth Bader Ginsburg questioned where to draw the line. 'If we adopt your [the government's] rule, it can't be for this case only,' she told Gannon. 'That's a difficult line to adopt.' "
+While taking Duffey into custody, officers had him lie on the ground, police said. When more police arrived on the scene, an officer got out of a police car but left it in gear. The vehicle ran over Duffey where they lay on the ground, police said."
--Jonathan Stempel, "[http://www.chicagotribune.com/news/sns-rt-us-usa-court-doublejeopardybre8a51bc-20121106,0,3665377.story Supreme Court Weighs Limit on Double Jeopardy Rule]," Reuters (Nov 6, 2012).
+- Courtney Sherwood, "[http://www.opb.org/news/article/police-car-rolls-over-man-stopped-for-jaywalking/ Police Car Rolls Over Man Stopped for Jaywalking]," OPB News, Nov. 20, 2012.
-{{wl-publish: 2012-11-13 10:54:20 -0800 | sduclos }}

@@ Line 1: / Line 1: @@
-==='''Oregon Supreme Court Candidates on Think Out Loud'''===
+==='''Is There an Innocence Exception to Anti-Terrorism and Death Penalty Act for Timeliness Requirement?'''===
-"The two candidates for a seat on Oregon's Supreme Court sparred over their experience and endorsements Friday.
+Floyd Perkins filed his habeas petition five years too late-however
-Multnomah County Circuit Court Judge Richard Baldwin and Portland attorney Nena Cook faced off on OPB's Think Out Loud.
+"[d]ocuments in the court file suggest that Mr. Perkins actually tried pretty hard given his circumstances. Just before one deadline, he told Judge Bell in a handwritten filing, 'petitioner's legal documents and much of his personal property was destroyed' by prison personnel 'following petitioner's involvement in inciting a riot.'
-Baldwin emphasized his experience as both a judge and private practice attorney.
+'After which,' Mr. Perkins continued, 'petitioner was denied access to the law library and law materials while he was held in solitary confinement' for almost five years. He said he continued to seek legal help and to work on his case 'as much as one could have done being confined to solitary.' "
-"I went to law school to become a civil rights lawyer. I started Multnomah's County's first Mental health court three years ago, presided over drug courts as well. So I've been in the trenches now for a total of 35 years," Baldwin said.
+-Adam Liptak, "[http://www.nytimes.com/2012/11/13/us/post-trial-evidence-is-issue-in-supreme-court-case.html?ref=todayspaper&_r=0 Case Asks When New Evidence Means a New Trial]," New York Times (Nov 12, 2012).
-Baldwin's campaign website says he has the endorsement of a dozen current and former appeals and supreme court justices.
+The Supreme Court granted cert on Oct 29, 2012, and arguments are expected in February on whether, under the AEDPA of 1996, there is an actual-innocence exception to the "timely filing" requirement of a habeas petition. (SCOTUSblog coverage available [http://www.scotusblog.com/case-files/cases/mcquiggin-v-perkins/?wpmp_switcher=desktop here].).
-Nena Cook is younger, and while she has not been hired as a judge, for the last five year's she's volunteered as a pro tem judge in Multnomah County.
+==='''King County Dismisses All Misdemeanor Marijuana Cases'''===
-...Cook's website says she has endorsements from 27 district attorneys from counties across the state."
+"King County Prosecutor Dan Satterberg has dismissed all misdemeanor marijuana possession cases currently pending in Washington's largest county. **** Friday's announcement followed the passage of Initiative 502, which legalized marijuana possession of one ounce or less in Washington State. The law also called for a legal framework under which marijuana could be grown and sold; both those activities remain illegal outside the medical marijuana industry.
-- "[http://www.opb.org/news/article/supreme-cuort-candidaates-tout-experience/ Supreme Court Candidates Tout Experience]," Think Out Loud, OPB, Oct 19, 2012.
+The initiative goes into effect Dec. 6, but Satterberg said he saw no reason to wait to drop the charges. 'Although the effective date of I-502 is not until Dec. 6, there is no point in continuing to seek criminal penalties for conduct that will be legal next month,' Satterberg said in a statement."
-==='''Oregon Supreme Court to Hear Gary Haugen Case in March'''===
+-Levi Pulkkinen. "[http://www.seattlepi.com/local/article/Satterberg-dismisses-all-misdemeanor-marijuana-4024296.php#ixzz2C85UZoWk Satterberg Dismisses All Misdemeanor Marijuana Cases]," Seattle PI.com (Nov 9, 2012).
-"The Oregon Supreme Court has agreed to hear Gov. John Kitzhaber's appeal of Gary Haugen's refusal to accept a reprieve of a death sentence.
+==='''Once an Acquital, Always an Acquital?'''===
-Oral arguments are scheduled at 10:30 a.m. March 14 at the University of Oregon law school. . .
+"Lamar Evans was acquitted of burning down a vacant house after his trial judge mistakenly required Michigan prosecutors to prove more than they needed to, all sides now in the case agree.
-The justices will hear arguments on a single point: Whether someone such as Haugen must accept a reprieve offered by the governor under the Oregon Constitution for it to be effective."
+ The U.S. Supreme Court on Tuesday considered whether Evans can now be tried again.
-- "[http://www.statesmanjournal.com/article/20121022/UPDATE/121022044/Oregon-Supreme-Court-hear-Haugen-case-appeal?odyssey=nav%7Chead Oregon Supreme Court to Hear Haugen Case]" by Peter Wong, Statesmen Journal, Oct 22, 2012.
+At the request of Evans's lawyer at the time, the trial judge said prosecutors had to prove that the house was a dwelling, even though state law did not require such proof. When they could not, the judge directed that Evans be acquitted.
-==='''Court Denies Detainees' Right to Habeas '''for Afghanistan Detainees===
+ However, the Michigan Supreme Court ruled 4-3 in March that Evans could be retried as the acquittal was based on an error of law that did not address the facts of the alleged crime.
-"WASHINGTON - A judge on Friday rejected a request for hearings from three men imprisoned by the United States military for nearly a decade in <span class="meta-loc">Afghanistan</span> without trials. The judge ruled that new information was not sufficient to undermine a previous appeals court ruling against them.
+ *** Justice Ruth Bader Ginsburg questioned where to draw the line. 'If we adopt your [the government's] rule, it can't be for this case only,' she told Gannon. 'That's a difficult line to adopt.' "
-The [http://www.documentcloud.org/documents/472749-bates-ruling-maqaleh.html ruling] by Judge John D. Bates was a victory for the Obama administration and a blow to efforts to extend to detainees at the Parwan detention complex at <span class="meta-classifier">Bagram</span> Air Base, north of Kabul, the same <span class="meta-classifier">habeas corpus</span> rights that the Supreme Court has granted to similar prisoners at Guantánamo Bay, Cuba.
+-Jonathan Stempel, "[http://www.chicagotribune.com/news/sns-rt-us-usa-court-doublejeopardybre8a51bc-20121106,0,3665377.story Supreme Court Weighs Limit on Double Jeopardy Rule]," Reuters (Nov 6, 2012).
+{{wl-publish: 2012-11-13 10:54:20 -0800 | sduclos }}
-The men are two Yemenis and a Tunisian who say they were captured outside Afghanistan and are being held by mistake. They want a judge to review the evidence and order their release."
-−
-"[http://www.nytimes.com/2012/10/20/us/judge-denies-hearing-request-from-3-afghanistan-detainees.html?_r=0 Judge Denies Hearing Request From 3 Afghanistan Detainees]," by Charlie Savage, NYT, Oct 19, 2012.
-{{wl-publish: 2012-10-23 10:56:38 -0700 | sduclos }}

@@ Line 1: / Line 1: @@
-==='''Stop-and-Frisk "For Being a F***ing Mutt!"'''===
+==='''Oregon Supreme Court Candidates on Think Out Loud'''===
-Last week, the Nation posted a recording of NYPD stopping and harassing a young teenager. This is a rare glimpse for the non-harassed and non-defense-attorneys public:
+"The two candidates for a seat on Oregon's Supreme Court sparred over their experience and endorsements Friday.
-"On June 3, 2011, three plainclothes New York City Police officers stopped a Harlem teenager named Alvin and two of the officers questioned and frisked him while the third remained in their unmarked car. Alvin secretly captured the interaction on his cell phone, and the resulting audio is one of the only known recordings of stop-and-frisk in action.
+Multnomah County Circuit Court Judge Richard Baldwin and Portland attorney Nena Cook faced off on OPB's Think Out Loud.
-<nowiki>***</nowiki>
+Baldwin emphasized his experience as both a judge and private practice attorney.
-Early in the stop, one of the officers asks, 'You want me to smack you?' When Alvin asks why he is being threatened with arrest, the other officer responds, 'For being a f***ing mutt.' Later in the stop, while holding Alvin's arm behind his back, the first officer says, "Dude, I'm gonna break your f***in' arm, then I'm gonna punch you in the f***in' face.' "
+"I went to law school to become a civil rights lawyer. I started Multnomah's County's first Mental health court three years ago, presided over drug courts as well. So I've been in the trenches now for a total of 35 years," Baldwin said.
-See the video here:
+Baldwin's campaign website says he has the endorsement of a dozen current and former appeals and supreme court justices.
-''[http://www.thenation.com/article/170413/stopped-and-frisked-being-fking-mutt-video Stopped-and-Frisked: 'For Being a F**king Mutt' ][VIDEO] ''by Ross Tuttle and Erin Shneider - The Nation, Oct. 8, 2012.
+Nena Cook is younger, and while she has not been hired as a judge, for the last five year's she's volunteered as a pro tem judge in Multnomah County.
-===City Attorney Releases Drafts of Lt. King's Conclusions as to Whether Frashour Acted as Trained===
+...Cook's website says she has endorsements from 27 district attorneys from counties across the state."
-"In four drafts written from May 12, 2010 through June 15, 2010, King found Officer Ron Frashour acted as trained.
+- "[http://www.opb.org/news/article/supreme-cuort-candidaates-tout-experience/ Supreme Court Candidates Tout Experience]," Think Out Loud, OPB, Oct 19, 2012.
-In each of those drafts, King, then a lieutenant in the training division, highlighted his conclusions on Frashour's use of deadly force by writing in bold-face, capital letters: "THIS WAS CONSISTANT WITH TRAINING."
+==='''Oregon Supreme Court to Hear Gary Haugen Case in March'''===
-On June 20, 2010, King seemed to waver. He said it was up to the chief and police commissioner to decide if Frashour acted as trained. King added that, in his opinion, Frashour's actions were consistent with his training. Yet King also condemned the bureau's training as not stressing "de-escalation" or flexibility.
+"The Oregon Supreme Court has agreed to hear Gov. John Kitzhaber's appeal of Gary Haugen's refusal to accept a reprieve of a death sentence.
-The next day, June 21, 2010, King veered far from his prior drafts' findings, concluding for the first time Frashour did not act as trained. King also didn't mention anything about deficiencies in bureau training."
+Oral arguments are scheduled at 10:30 a.m. March 14 at the University of Oregon law school. . .
-<div>- [http://www.oregonlive.com/portland/index.ssf/2012/10/portland_police_training_revie.html ''Portland police training review drafts of Frashour shooting show how lieutenant's analysis changed '']
+The justices will hear arguments on a single point: Whether someone such as Haugen must accept a reprieve offered by the governor under the Oregon Constitution for it to be effective."
-by Maxine Bernstein - The Oregonian, Oct 15, 2012.</div><div></div>
-===Juveniles in Solitary Confinement===
+- "[http://www.statesmanjournal.com/article/20121022/UPDATE/121022044/Oregon-Supreme-Court-hear-Haugen-case-appeal?odyssey=nav%7Chead Oregon Supreme Court to Hear Haugen Case]" by Peter Wong, Statesmen Journal, Oct 22, 2012.
-<div>"Many states have adopted various protective strategies, under which young inmates are separated from adults who would otherwise prey on them. One of these strategies is to segregate young people in solitary confinement - a soul-killing punishment that condemns young people to spend weeks or even months locked up alone in small cells for up to 23 hours a day, cut off from all contact with other prisoners.
+==='''Court Denies Detainees' Right to Habeas '''for Afghanistan Detainees===
-[http://www.hrw.org/sites/default/files/reports/us1012ForUpload.pdf A new study issued earlier this month] by Human Rights Watch and the American Civil Liberties Union shows the degree to which extended isolation - which is hard going for mature adults - can easily lead to mental illness and other damage among emotionally immature young people. The report, [http://www.hrw.org/sites/default/files/reports/us1012ForUpload.pdf Growing Up Locked Down], is based on interviews and correspondence in 2011 and 2012 with more than 125 individuals who were sent to jail or prison in 20 states while under the age of 18."
+"WASHINGTON - A judge on Friday rejected a request for hearings from three men imprisoned by the United States military for nearly a decade in <span class="meta-loc">Afghanistan</span> without trials. The judge ruled that new information was not sufficient to undermine a previous appeals court ruling against them.
-[http://www.nytimes.com/2012/10/16/opinion/adolescents-in-grown-up-jails.html?ref=todayspaper&_r=0 - ''Adolescents in Grown-Up Jails'' (Editorial) - The New York Times, October 15, 2012]
+The [http://www.documentcloud.org/documents/472749-bates-ruling-maqaleh.html ruling] by Judge John D. Bates was a victory for the Obama administration and a blow to efforts to extend to detainees at the Parwan detention complex at <span class="meta-classifier">Bagram</span> Air Base, north of Kabul, the same <span class="meta-classifier">habeas corpus</span> rights that the Supreme Court has granted to similar prisoners at Guantánamo Bay, Cuba.
-===Tennessee Death Row Inmate's Conviction Overturned===
+The men are two Yemenis and a Tunisian who say they were captured outside Afghanistan and are being held by mistake. They want a judge to review the evidence and order their release."
-"A Tennessee judge on Friday overturned the conviction and death sentence of a man who has spent 14 years on death row over the killing of an ex-girlfriend whose body was never found.
+"[http://www.nytimes.com/2012/10/20/us/judge-denies-hearing-request-from-3-afghanistan-detainees.html?_r=0 Judge Denies Hearing Request From 3 Afghanistan Detainees]," by Charlie Savage, NYT, Oct 19, 2012.
+{{wl-publish: 2012-10-23 10:56:38 -0700 | sduclos }}
-A USA TODAY investigation last year showed that Memphis prosecutors responsible for the case never told the man, Michael Dale Rimmer, or his lawyers, about an eyewitness who had told the police that two different men were inside the office around the time she disappeared, and that both had blood on their hands. One of the men that the witness identified was already wanted in connection with a stabbing.
-−
-<nowiki>***</nowiki>
-−
-The case is the latest black eye for prosecutors in Memphis, who have been faulted repeatedly for failing to disclose evidence that could be helpful to defendants."
-−
-[http://www.usatoday.com/story/news/nation/2012/10/12/tennessee-death-sentence-overturned/1630757/ ''Tennessee death-row inmate's conviction overturned ''
-by Brad Heath - USA Today, Oct 12, 2012.]
-−
-</div>
-{{wl-publish: 2012-10-16 10:50:55 -0700 | sduclos }}

@@ Line 1: / Line 1: @@
-===Police Union Fights Sam Adams on Refusing to Reinstate Ron Frashour===
+==='''Stop-and-Frisk "For Being a F***ing Mutt!"'''===
-The president of the Portland police union blasted Mayor Sam Adams Tuesday morning, saying Adams' defiance of an order to reinstate officer Ron Frashour reflects "a personal vendetta." ...
+Last week, the Nation posted a recording of NYPD stopping and harassing a young teenager. This is a rare glimpse for the non-harassed and non-defense-attorneys public:
-Turner said Adams should heed the findings of the employment relations board which yesterday ordered the city to follow an arbitrator's ruling and to reinstate Frashour within 30 days, with back pay, benefits and 9 percent interest.
+"On June 3, 2011, three plainclothes New York City Police officers stopped a Harlem teenager named Alvin and two of the officers questioned and frisked him while the third remained in their unmarked car. Alvin secretly captured the interaction on his cell phone, and the resulting audio is one of the only known recordings of stop-and-frisk in action.
-Frashour was fired after he fatally shot an unarmed man in January 2010. Frashour has said he believed the man, Aaron Campbell, was reaching for a gun."
+<nowiki>***</nowiki>
-"[http://www.oregonlive.com/portland/index.ssf/2012/09/police_union_blasts_portland_m.html Police Union Blasts Portland Mayor Sam Adams Over Stance on Frashour Reinstatement]." by Helen Jung, The Oregonian - Sept 25, 2012.
+Early in the stop, one of the officers asks, 'You want me to smack you?' When Alvin asks why he is being threatened with arrest, the other officer responds, 'For being a f***ing mutt.' Later in the stop, while holding Alvin's arm behind his back, the first officer says, "Dude, I'm gonna break your f***in' arm, then I'm gonna punch you in the f***in' face.' "
-===Study Finds Memories Change with Repetition===
+See the video here:
-A Northwestern University researcher has found that memory retrieval may be like the game of telephone.
+''[http://www.thenation.com/article/170413/stopped-and-frisked-being-fking-mutt-video Stopped-and-Frisked: 'For Being a F**king Mutt' ][VIDEO] ''by Ross Tuttle and Erin Shneider - The Nation, Oct. 8, 2012.
-Just as a whispered message changes with each retelling, memories can change when they are recalled multiple times, according to the study by Donna Bridge, a postdoctoral fellow at Northwestern University Feinberg School of Medicine. A [http://www.northwestern.edu/newscenter/stories/2012/09/your-memory-is-like-the-telephone-game.html press release] summarizes the findings published in the journal Neuroscience.
+===City Attorney Releases Drafts of Lt. King's Conclusions as to Whether Frashour Acted as Trained===
-...
+"In four drafts written from May 12, 2010 through June 15, 2010, King found Officer Ron Frashour acted as trained.
-Test subjects in Bridge's study were asked to recall the location of objects on a grid in three sessions on three consecutive days. On the second day, the subjects were shown a subset on the first day's objects and asked to move them to their original locations. On day three, the test subjects showed greater recall of the objects they manipulated on day two. But when test subjects made a mistake on day two, they were more likely to repeat the mistake on day three by placing the object closer to the incorrect than the correct location."
+In each of those drafts, King, then a lieutenant in the training division, highlighted his conclusions on Frashour's use of deadly force by writing in bold-face, capital letters: "THIS WAS CONSISTANT WITH TRAINING."
-"[http://www.abajournal.com/news/article/study_finds_memories_can_change_with_each_recall/ Study Finds Memories Can Change with Each Recall: Researcher Sees Criminal Justice Implications]" by Debra Cassens Weis in ''ABA Journal - ''Sept 24, 2012.
+On June 20, 2010, King seemed to waver. He said it was up to the chief and police commissioner to decide if Frashour acted as trained. King added that, in his opinion, Frashour's actions were consistent with his training. Yet King also condemned the bureau's training as not stressing "de-escalation" or flexibility.
-==='''FCC May Cut Phone Rates for Inmates'''===
+The next day, June 21, 2010, King veered far from his prior drafts' findings, concluding for the first time Frashour did not act as trained. King also didn't mention anything about deficiencies in bureau training."
-"It might cost less for federal prisoners to call grandma, if a government panel makes calls cheaper for inmates.
+<div>- [http://www.oregonlive.com/portland/index.ssf/2012/10/portland_police_training_revie.html ''Portland police training review drafts of Frashour shooting show how lieutenant's analysis changed '']
-<div style="overflow: hidden; background-color: rgb(255, 255, 255); text-align: left; text-decoration: none; border: medium none"><font color="rgb(0, 0, 0)">FCC Chairman Julius Genachowski is under pressure to enact a new rule that would lower the price of prison calls - which can start at $3 to $4 just to connect and 89 cents a minute after that. [...]</font></div>
+===Juveniles in Solitary Confinement===
-The push started when Martha Wright filed a petition at the FCC in 2003 after her grandson, Ulandis Forte, was sent to prison. Wright, who is in her eighties, had difficulty visiting her grandson as he was moved from prison, and since she is blind, writing a letter wasn't an option."
+<div>"Many states have adopted various protective strategies, under which young inmates are separated from adults who would otherwise prey on them. One of these strategies is to segregate young people in solitary confinement - a soul-killing punishment that condemns young people to spend weeks or even months locked up alone in small cells for up to 23 hours a day, cut off from all contact with other prisoners.
-<div style="overflow: hidden; background-color: rgb(255, 255, 255); text-align: left; text-decoration: none; border: medium none"><font color="rgb(0, 0, 0)">"[http://www.politico.com/news/stories/0912/81617.html#ixzz27VrDEbrI FCC Could Cut Inmates' Phone Rates]" by Brooks Boliek on Politico - Sept 24, 2012.</font></div>
+[http://www.hrw.org/sites/default/files/reports/us1012ForUpload.pdf A new study issued earlier this month] by Human Rights Watch and the American Civil Liberties Union shows the degree to which extended isolation - which is hard going for mature adults - can easily lead to mental illness and other damage among emotionally immature young people. The report, [http://www.hrw.org/sites/default/files/reports/us1012ForUpload.pdf Growing Up Locked Down], is based on interviews and correspondence in 2011 and 2012 with more than 125 individuals who were sent to jail or prison in 20 states while under the age of 18."
-Stacy Du Clos
+[http://www.nytimes.com/2012/10/16/opinion/adolescents-in-grown-up-jails.html?ref=todayspaper&_r=0 - ''Adolescents in Grown-Up Jails'' (Editorial) - The New York Times, October 15, 2012]
-===Damien Echols of West Mempis Three - Interviewed on Public Radio===
+===Tennessee Death Row Inmate's Conviction Overturned===
-"Damien Echols was 18 when he and two other teens were convicted of the gruesome murder of three boys and sent away to prison. In Echols' case, to death row.
+"A Tennessee judge on Friday overturned the conviction and death sentence of a man who has spent 14 years on death row over the killing of an ex-girlfriend whose body was never found.
-He would spend eighteen awful years there - a moody, poetic, ultimately Zen prisoner - while outside he became known as part of the West Memphis Three, in a case that became infamous for justice gone awry."
+A USA TODAY investigation last year showed that Memphis prosecutors responsible for the case never told the man, Michael Dale Rimmer, or his lawyers, about an eyewitness who had told the police that two different men were inside the office around the time she disappeared, and that both had blood on their hands. One of the men that the witness identified was already wanted in connection with a stabbing.
-Link to interview below:
+<nowiki>***</nowiki>
-"[http://onpoint.wbur.org/2012/09/25/west-memphis-three-life-after-death-row West Memphis Three: Life After Death Row]" with Tom Ashbrook ''on ''WBUR (Boston NPR station) - Sept 25, 2012
+The case is the latest black eye for prosecutors in Memphis, who have been faulted repeatedly for failing to disclose evidence that could be helpful to defendants."
-{{wl-publish: 2012-09-25 13:05:31 -0700 | sduclos }}

@@ Line 1: / Line 1: @@
-===PPB Chief Mike Reese Responds to DOJ Findings===
+===Police Union Fights Sam Adams on Refusing to Reinstate Ron Frashour===
-"Portland Police Chief Mike Reese says his office is already responding to [http://www.opb.org/news/article/qa-doj-critical-of-portland-police-over-use-of-force/ the findings] of U.S. Department of Justice investigation that found his officers have engaged in a pattern of excessive force, especially with people with mental illness. He also says the DOJ report highlights the gaps in the mental health care system and that officers need more information:
+The president of the Portland police union blasted Mayor Sam Adams Tuesday morning, saying Adams' defiance of an order to reinstate officer Ron Frashour reflects "a personal vendetta." ...
-<blockquote>
+Turner said Adams should heed the findings of the employment relations board which yesterday ordered the city to follow an arbitrator's ruling and to reinstate Frashour within 30 days, with back pay, benefits and 9 percent interest.
-There's a lot of information that health care providers have, that we don't have access to, and in a moment of crisis I think we should have access to that information if we're going to provide a better service to that person. Conversely, we have a lot of information we would be happy to share with mental health providers so that they know this person is interacting with police frequently. There are things we can do in terms of dispatch protocols. So when dispatchers take that 911 call from a citizen, and they ask, police, fire or medical, we want them to ask mental health."
+Frashour was fired after he fatally shot an unarmed man in January 2010. Frashour has said he believed the man, Aaron Campbell, was reaching for a gun."
-</blockquote>
+"[http://www.oregonlive.com/portland/index.ssf/2012/09/police_union_blasts_portland_m.html Police Union Blasts Portland Mayor Sam Adams Over Stance on Frashour Reinstatement]." by Helen Jung, The Oregonian - Sept 25, 2012.
-- [http://www.opb.org/thinkoutloud/shows/chief-mike-reese-excessive-force-report/ ''Chief Mike Reese on Excessive Force Report '']on'' ''OPB's "Think Out Loud" | Sept 17, 2012
+===Study Finds Memories Change with Repetition===
-===Oregon Elected Officials Quiet on Measure 80===
+A Northwestern University researcher has found that memory retrieval may be like the game of telephone.
-"Oregon's Measure 80 would [allow adults to buy marijuana at state-licensed stores], and allow people to grow their own pot.
+Just as a whispered message changes with each retelling, memories can change when they are recalled multiple times, according to the study by Donna Bridge, a postdoctoral fellow at Northwestern University Feinberg School of Medicine. A [http://www.northwestern.edu/newscenter/stories/2012/09/your-memory-is-like-the-telephone-game.html press release] summarizes the findings published in the journal Neuroscience.
-Few elected officials in Oregon have taken a public position on the initiative. Democratic Representative Peter Buckley is one of them. He co-chairs the legislature's budget-writing committee.
+...
-Buckley says he supports legalization, but understands why many Oregon politicians don't want to talk about it.
+Test subjects in Bridge's study were asked to recall the location of objects on a grid in three sessions on three consecutive days. On the second day, the subjects were shown a subset on the first day's objects and asked to move them to their original locations. On day three, the test subjects showed greater recall of the objects they manipulated on day two. But when test subjects made a mistake on day two, they were more likely to repeat the mistake on day three by placing the object closer to the incorrect than the correct location."
-'I think there's a certain stigma that's been part of marijuana for many, many decades. I think if we're actually honest about it, we have to get past that.' "
+"[http://www.abajournal.com/news/article/study_finds_memories_can_change_with_each_recall/ Study Finds Memories Can Change with Each Recall: Researcher Sees Criminal Justice Implications]" by Debra Cassens Weis in ''ABA Journal - ''Sept 24, 2012.
-- [http://www.opb.org/news/article/n3-oregon-politicians-mostly-mum-on-marijuana-legalization-measure/ ''Oregon Politicians Mostly Mum On Marijuana Legalization Measure '']by Northwest News Network on OPB | Sept. 17, 2012
+==='''FCC May Cut Phone Rates for Inmates'''===
-===Dalles Police Fatally Shot Man Suspected of Rape===
+"It might cost less for federal prisoners to call grandma, if a government panel makes calls cheaper for inmates.
-"THE DALLES -- A 50-year-old man was fatally shot in a late night encounter with two The Dalles police officers, Oregon State Police said this morning.
+<div style="overflow: hidden; background-color: rgb(255, 255, 255); text-align: left; text-decoration: none; border: medium none"><font color="rgb(0, 0, 0)">FCC Chairman Julius Genachowski is under pressure to enact a new rule that would lower the price of prison calls - which can start at $3 to $4 just to connect and 89 cents a minute after that. [...]</font></div>
-The incident took place late Monday inside a residence in the 700 block of Hostetler Street, where police were dispatched to investigate a rape, said the state police, the agency investigating the shooting. When police arrived, the victim and rape suspect were in the home. Police accompanied the victim to the hospital, while other officers stayed behind with the suspect.
+The push started when Martha Wright filed a petition at the FCC in 2003 after her grandson, Ulandis Forte, was sent to prison. Wright, who is in her eighties, had difficulty visiting her grandson as he was moved from prison, and since she is blind, writing a letter wasn't an option."
-Police said the suspect initially cooperated with them, but about midnight the man went into a bathroom and emerged with a kitchen knife. Police said he threatened them, prompting two officers to fire their weapons at the man. The man was pronounced dead at the scene. A person described by police as "an independent witness" was at the scene of the shooting."
+<div style="overflow: hidden; background-color: rgb(255, 255, 255); text-align: left; text-decoration: none; border: medium none"><font color="rgb(0, 0, 0)">"[http://www.politico.com/news/stories/0912/81617.html#ixzz27VrDEbrI FCC Could Cut Inmates' Phone Rates]" by Brooks Boliek on Politico - Sept 24, 2012.</font></div>
-''[http://www.oregonlive.com/pacific-northwest-news/index.ssf/2012/09/rape_suspect_fatally_shot_by_t.html Rape suspect fatally shot by The Dalles police]'' by The Oregonian | Sept 18, 2012.
+Stacy Du Clos
-==='''Should the FBI Collect Biometric Data?'''===
+===Damien Echols of West Mempis Three - Interviewed on Public Radio===
-"The FBI plans to move forward with a facial recognition system that's set to be fully implemented by 2014. Facial recognition is just one part of many biometric tools the FBI eventually plans to use to gather and store intelligence information, including fingerprint searches and iris scans."
+"Damien Echols was 18 when he and two other teens were convicted of the gruesome murder of three boys and sent away to prison. In Echols' case, to death row.
-Talk of the Nation panelists comment on the privacy challenges of biometric data. "[http://www.npr.org/2012/09/18/161355293/the-pros-and-cons-of-gathering-biometric-data?ft=1&f=5 The Pros And Cons Of Gathering Biometric Data]." | <span class="date">September 18, 2012</span>
+He would spend eighteen awful years there - a moody, poetic, ultimately Zen prisoner - while outside he became known as part of the West Memphis Three, in a case that became infamous for justice gone awry."
-{{wl-publish: 2012-09-18 13:10:40 -0700 | sduclos }}

@@ Line 1: / Line 1: @@
-==='''Boston District Judge Orders Prison to Provide Sex-Reassignment Surgery for Inmate'''===
+===PPB Chief Mike Reese Responds to DOJ Findings===
-"BOSTON - State prison officials must provide taxpayer-funded sex-reassignment surgery to a transgender inmate serving life in prison for murder, because it is the only way to treat her "serious medical need," a federal judge ruled Tuesday.
+"Portland Police Chief Mike Reese says his office is already responding to [http://www.opb.org/news/article/qa-doj-critical-of-portland-police-over-use-of-force/ the findings] of U.S. Department of Justice investigation that found his officers have engaged in a pattern of excessive force, especially with people with mental illness. He also says the DOJ report highlights the gaps in the mental health care system and that officers need more information:
-"Michelle Kosilek was born male but has received hormone treatments and now lives as a woman in an all-male prison. ...U.S. District Judge Mark Wolf is believed to be the first federal judge to order prison officials to provide sex-reassignment surgery for a transgender inmate."
+<blockquote>
-''<span class="entry-title">[http://www.washingtonpost.com/national/apnewsbreak-federal-judge-orders-sex-change-surgery-for-mass-inmate-convicted-of-murder/2012/09/04/786b7e5a-f6af-11e1-a93b-7185e3f88849_story.html "Judge: Mass. must provide sex-reassignment surgery for murder convict who now lives as woman]" </span>''<span class="entry-title">by Assoc. Press, Washington Post - Sept. 4, 2012.</span>
+There's a lot of information that health care providers have, that we don't have access to, and in a moment of crisis I think we should have access to that information if we're going to provide a better service to that person. Conversely, we have a lot of information we would be happy to share with mental health providers so that they know this person is interacting with police frequently. There are things we can do in terms of dispatch protocols. So when dispatchers take that 911 call from a citizen, and they ask, police, fire or medical, we want them to ask mental health."
-===Washington County Investigates Shooting of Jeffrey Holmes===
+</blockquote>
-"Jeffrey Holmes, 49, was shot at least once after he attacked a deputy with a knife, said Sgt. Vance Stimler, a Washington County Sheriff's Office spokesman. The sheriff's office isn't releasing the number of times Holmes was shot or the number of rounds the deputy fired.
+- [http://www.opb.org/thinkoutloud/shows/chief-mike-reese-excessive-force-report/ ''Chief Mike Reese on Excessive Force Report '']on'' ''OPB's "Think Out Loud" | Sept 17, 2012
-When deputies arrived, they spoke with Holmes through his door at the apartment complex and urged him to come outside and speak with them. Stimler said when Holmes opened his door, he attacked one of the deputies with a knife.
+===Oregon Elected Officials Quiet on Measure 80===
-***
-Holmes was taken to Legacy Emanuel Medical Center in Portland with life-threatening injuries, said Sgt. Bob Ray, another sheriff's office spokesman."
-''"[http://www.oregonlive.com/north-of-26/index.ssf/2012/09/washington_county_authorities.html Washington County authorities continue to investigate deputy-involved shooting that injured Bethany man]''" by Rebecca Woolington, The Oregonian - Sept 9, 2012.
+"Oregon's Measure 80 would [allow adults to buy marijuana at state-licensed stores], and allow people to grow their own pot.
-===Montana Judge Strikes Down Lethal Injection Procedure as Cruel &amp; Unusual===
+Few elected officials in Oregon have taken a public position on the initiative. Democratic Representative Peter Buckley is one of them. He co-chairs the legislature's budget-writing committee.
-"[State District Court Judge Jeffrey Sherlock] ruled... that the state's three-drug execution procedure differs from a two-drug protocol spelled out in law, which he said "increases the likelihood of confusion and error in the process."
+Buckley says he supports legalization, but understands why many Oregon politicians don't want to talk about it.
-Sherlock also faulted a practice in Montana that allows a prison warden with no medical training or execution experience to determine whether a prisoner is unconscious before a fatal drug is administered. ***"
+'I think there's a certain stigma that's been part of marijuana for many, many decades. I think if we're actually honest about it, we have to get past that.' "
-''<span class="entry-title">"[http://www.washingtonpost.com/national/health-science/montana-judge-strikes-down-state-execution-method/2012/09/08/4f34505a-f9e0-11e1-8398-0327ab83ab91_story.html Montana judge strikes down state execution method]" </span>''<span class="entry-title">by Laura Zuckerman, Washington Post - Sept 8, 2012.</span>
+- [http://www.opb.org/news/article/n3-oregon-politicians-mostly-mum-on-marijuana-legalization-measure/ ''Oregon Politicians Mostly Mum On Marijuana Legalization Measure '']by Northwest News Network on OPB | Sept. 17, 2012
-===<span class="entry-title">Former Hunger Striker Dies in GTMO Custody</span>===
+===Dalles Police Fatally Shot Man Suspected of Rape===
-"WASHINGTON - A detainee at the American prison at <span class="meta-loc">Guantánamo Bay</span>, Cuba, died over the weekend, the United States military announced on Monday.
+"THE DALLES -- A 50-year-old man was fatally shot in a late night encounter with two The Dalles police officers, Oregon State Police said this morning.
-The military said that guards discovered the man unconscious in his cell on Saturday afternoon and that efforts to revive him were unsuccessful.
+The incident took place late Monday inside a residence in the 700 block of Hostetler Street, where police were dispatched to investigate a rape, said the state police, the agency investigating the shooting. When police arrived, the victim and rape suspect were in the home. Police accompanied the victim to the hospital, while other officers stayed behind with the suspect.
-He was the ninth detainee known to have died while imprisoned at Guantánamo. ***
+Police said the suspect initially cooperated with them, but about midnight the man went into a bathroom and emerged with a kitchen knife. Police said he threatened them, prompting two officers to fire their weapons at the man. The man was pronounced dead at the scene. A person described by police as "an independent witness" was at the scene of the shooting."
-[The detainee] was a former hunger striker who had "declared himself to be no longer a hunger striker on June 1," the captain said, and he weighed 14 pounds more than he did when he arrived at the prison. The detainee was being held in "disciplinary status" in Camp 5, a maximum-security wing of the prison, because he had recently splashed a guard with bodily fluids."
+''[http://www.oregonlive.com/pacific-northwest-news/index.ssf/2012/09/rape_suspect_fatally_shot_by_t.html Rape suspect fatally shot by The Dalles police]'' by The Oregonian | Sept 18, 2012.
-- ''[http://www.nytimes.com/2012/09/11/us/detainee-dies-at-guantanamo-prison.html?_r=1&ref=us Guantánamo Detainee, a Former Hunger Striker, Dies],'' by Charlie Savage, NYT - Sept. 10, 2012.
+==='''Should the FBI Collect Biometric Data?'''===
-{{wl-publish: 2012-09-11 09:35:41 -0700 | sduclos }}

@@ Line 1: / Line 1: @@
-==='''Cuffed, Stuffed, and Shot Himself in the Temple?''' in Jonesboro, Ark.===
+==='''Boston District Judge Orders Prison to Provide Sex-Reassignment Surgery for Inmate'''===
-"Carter was held on an outstanding warrant, frisked, found in possession of a small amount of marijuana, placed in a patrol car and handcuffed, according to [http://www.kait8.com/link/577939/pdf-jpd-press-release-on-chavis-carter-investigation police reports].A short time later, officers noticed Carter slumped in the backseat of the cruiser, covered in blood, according to an [https://www.documentcloud.org/documents/412428-chavis-carter-autopsy-report.html autopsy report released Monday]. The report found Carter had managed to conceal a handgun, which he used to shoot himself in the right side of the head. He later died at a hospital, and the report listed his death as a suicide.
+"BOSTON - State prison officials must provide taxpayer-funded sex-reassignment surgery to a transgender inmate serving life in prison for murder, because it is the only way to treat her "serious medical need," a federal judge ruled Tuesday.
-"Apparently he produced a weapon, and despite being handcuffed, shot himself in the head," the report said."
+"Michelle Kosilek was born male but has received hormone treatments and now lives as a woman in an all-male prison. ...U.S. District Judge Mark Wolf is believed to be the first federal judge to order prison officials to provide sex-reassignment surgery for a transgender inmate."
-- ''LA Times, ''Aug 20, 2012, "[http://www.latimes.com/news/nation/nationnow/la-na-nn-arkansas-handcuff-suicide-20120820,0,2540888.story Handcuffed--but he shot himself,]" b<span class="toolSet" style="width: 345px"><span class="byline">y Molly Hennessy-Fiske</span></span>
+''<span class="entry-title">[http://www.washingtonpost.com/national/apnewsbreak-federal-judge-orders-sex-change-surgery-for-mass-inmate-convicted-of-murder/2012/09/04/786b7e5a-f6af-11e1-a93b-7185e3f88849_story.html "Judge: Mass. must provide sex-reassignment surgery for murder convict who now lives as woman]" </span>''<span class="entry-title">by Assoc. Press, Washington Post - Sept. 4, 2012.</span>
-===<span class="toolSet" style="width: 345px"><span class="byline">'''Portland'''</span></span> Police Release Video of Billy Simms Shooting===
+===Washington County Investigates Shooting of Jeffrey Holmes===
-"Portland police on Monday released the [http://videos.oregonlive.com/oregonian/2012/08/portland_police_release_video.html video] surveillance images they obtained from a North Portland 7-Eleven that shows different camera views of the Portland police officer-involved shooting of 28-year-old Billy W. Simms on July 28....
+"Jeffrey Holmes, 49, was shot at least once after he attacked a deputy with a knife, said Sgt. Vance Stimler, a Washington County Sheriff's Office spokesman. The sheriff's office isn't releasing the number of times Holmes was shot or the number of rounds the deputy fired.
-The video was shown to members of a Multnomah County grand jury, which found no criminal wrongdoing by the officer who fired six shots from his AR-15 rifle at Simms, killing him."
-- ''The Oregonian'', Aug 20, 2012, "[http://www.oregonlive.com/portland/index.ssf/2012/08/portland_police_release_video_2.html Portland Police Release Video surveillance images from police shooting of Billy W. Simms]" by Maxine Bernstein
+When deputies arrived, they spoke with Holmes through his door at the apartment complex and urged him to come outside and speak with them. Stimler said when Holmes opened his door, he attacked one of the deputies with a knife.
-===Alabama Immigration Law - Mixed Bag===
+''"[http://www.oregonlive.com/north-of-26/index.ssf/2012/09/washington_county_authorities.html Washington County authorities continue to investigate deputy-involved shooting that injured Bethany man]''" by Rebecca Woolington, The Oregonian - Sept 9, 2012.
-"Part of Alabama's [http://topics.nytimes.com/top/reference/timestopics/subjects/i/immigration_and_refugees/index.html?inline=nyt-classifier immigration] law that ordered public schools to check the citizenship status of new students was ruled unconstitutional on Monday by a federal appeals court that also said the police in that state and Georgia can demand papers from criminal suspects they have detained. The 11th Circuit Court of Appeals ruled that the Alabama schools provision wrongly singles out children who are in the country illegally. [...]The panel did leave in place part of the injunction blocking a section of the Georgia law that allows for the prosecution of certain individuals who knowingly harbor or transport an illegal immigrant during the commission of a crime."
+===Montana Judge Strikes Down Lethal Injection Procedure as Cruel &amp; Unusual===
-- ''NYT'', Aug 20, 2012, "[http://www.nytimes.com/2012/08/21/us/alabama-court-gives-mixed-rulings-on-immigration-checks.html?ref=us Alabama-Court Gives Mixed Rulings on Immigration Law]" by AP
+"[State District Court Judge Jeffrey Sherlock] ruled... that the state's three-drug execution procedure differs from a two-drug protocol spelled out in law, which he said "increases the likelihood of confusion and error in the process."
-==='''Anti-Camping Law Stands'''===
+Sherlock also faulted a practice in Montana that allows a prison warden with no medical training or execution experience to determine whether a prisoner is unconscious before a fatal drug is administered. ***"
-"Portland's [http://www.portlandonline.com/auditor/index.cfm?a=15427&c=28513 anti-camping law] is alive after withstanding a nearly four-year-old legal battle.
+''<span class="entry-title">"[http://www.washingtonpost.com/national/health-science/montana-judge-strikes-down-state-execution-method/2012/09/08/4f34505a-f9e0-11e1-8398-0327ab83ab91_story.html Montana judge strikes down state execution method]" </span>''<span class="entry-title">by Laura Zuckerman, Washington Post - Sept 8, 2012.</span>
-On Wednesday, the Portland City Council will vote to end the federal lawsuit filed by the Oregon Law Center on behalf of homeless residents.
+===<span class="entry-title">Former Hunger Striker Dies in GTMO Custody</span>===
-As part of the [http://www.portlandonline.com/auditor/index.cfm?c=50265&a=408353 settlement], Portland will pay $3,200 to six plaintiffs and $37,000 to cover the law center's legal fees. That money, in turn, will be transferred back to the city's Housing Bureau for rental assistance programs. But the law -- which disallows tents -- will survive."
+"WASHINGTON - A detainee at the American prison at <span class="meta-loc">Guantánamo Bay</span>, Cuba, died over the weekend, the United States military announced on Monday.
-- ''The Oregonian'', Aug 20, 2012, "A[http://www.oregonlive.com/portland/index.ssf/2012/08/anti-camping_law_stands_but_po.html nti-Camping Law Stands, but Portland will Pay $3,200 to Homeless Plaintiffs]" by Mark Schmidt
+The military said that guards discovered the man unconscious in his cell on Saturday afternoon and that efforts to revive him were unsuccessful.
-{{wl-publish: 2012-08-21 11:32:59 -0700 | sduclos }}

@@ Line 1: / Line 1: @@
-==='''Tracking Sexual Offenders?'''===
+==='''Ashland Wiretap Case Overturned by 9<sup>th</sup> Circuit'''===
-The Oregonian reviewed Oregon's approach to people convicted of sexual offenses. [http://www.oregonlive.com/portland/index.ssf/2012/07/predicting_a_predators_next_mo.html#incart_hbx The article ]does a good job laying out some of the approaches that other states have taken and comparing them to current practice in Oregon. The article also discusses some of the things that researchers say contribute to recidivism - lack of social support structure, job or relationship loss, and homelessness. A pilot project in Canada, which turned away from GPS and polygraphs but daily contact from trained volunteers, treatment and some supervision, reduced recidivism by 70 percent.
+"A federal appeals court has overturned an order that the federal government pay the attorney fees of an Islamic group that claimed it was the target of the Bush administration's warrantless wiretap program.
-==='''Recklessness vs. Negligence: Judge Walker Finds Young Men Who Left Dog Tied to Car Not Guilty '''===
+ The 9th Circuit U.S. Court of Appeals ruled Tuesday that a lower court judge was wrong to award more than $2.5 million to attorneys for the Ashland chapter of the now-defunct Al-Haramain Islamic Foundation. The foundation waged a nearly five-year legal challenge to the Bush administration's so-called Terrorist Surveillance Program. The appeals court ruled that the federal government is immune to such claims."
-Multnomah County Judge Kenneth Walker said it was a close case but that he had reasonable doubt that the two young men charged with leaving their pit bull tied to their jeep and driving across a parking lot were "reckless." One of the men jumped out of the moving jeep to rescue the animal when they realized their mistake. The pit bull has fully recovered. Read the [http://www.oregonlive.com/gresham/index.ssf/2012/07/judge_acquits_men_of_animal_ab.html#incart_hbx <u>Oregonian report.</u>]
+''Associated Press'' - [http://www.oregonlive.com/pacific-northwest-news/index.ssf/2012/08/wiretap_ruling_against_federal.html "Court Overturns Wiretap Ruling" by Paul Elias]
-==='''Skype Makes Eavesdropping Easier'''===
+==='''What Does ''Miller v. Alabama'' Really Do For People Convicted and Sentenced to Life as Minors?'''===
-Skype had a reputation for making communication easy across borders, instantaneously, and with encryption software that made the instant chats relatively protected. However, authorities had been complaining that these features also made it more difficult for police to conduct wiretaps. In response, Microsoft has engineered make it much easier: giving authorities access to addresses and credit card numbers of users, among other changes. Read the [http://www.washingtonpost.com/business/economy/skype-makes-chats-and-user-data-more-available-to-police/2012/07/25/gJQAobI39W_story.html?Post+generic=%3Ftid%3Dsm_twitter_washingtonpost%20 WashPo article].
+"When Dennis Epps learned in June that the Supreme Court had struck down mandatory life without parole sentences for kids convicted of murder, he was hopeful. His brother, David, was given such a sentence for home burglary-murder committed at 16 and has spent most of his 48 years behind bars.
-{{wl-publish: 2012-07-30 10:55:11 -0700 | sduclos }}

@@ Line 1: / Line 1: @@
-==='''Portland Police Shoot 17-Year Old'''===
+==='''Tracking Sexual Offenders?'''===
-Portland Police Officer Greg Moore shot the 17-year-old after he got out of his car, with his hands up, and ran. The officers had been conducting surveillance on an apartment in connection with witness intimidation when they saw the youth leave the building, openly carrying a gun. A second officer shot the young man with a beanbag gun, and a police dog bit the teen's wrist. The judicial referee ordered that the young man remain in custody. Read more in the [http://www.oregonlive.com/portland/index.ssf/2012/07/bullet_from_new_portland_polic.html Oregonian].
+The Oregonian reviewed Oregon's approach to people convicted of sexual offenses. [http://www.oregonlive.com/portland/index.ssf/2012/07/predicting_a_predators_next_mo.html#incart_hbx The article ]does a good job laying out some of the approaches that other states have taken and comparing them to current practice in Oregon. The article also discusses some of the things that researchers say contribute to recidivism - lack of social support structure, job or relationship loss, and homelessness. A pilot project in Canada, which turned away from GPS and polygraphs but daily contact from trained volunteers, treatment and some supervision, reduced recidivism by 70 percent.
-==='''John Brennan - Acquitted of Indecent Exposure'''===
+==='''Recklessness vs. Negligence: Judge Walker Finds Young Men Who Left Dog Tied to Car Not Guilty '''===
-Brennan shed his clothes April 17 at the Portland Airport, during a TSA security scan. He was charged with violating a city indecent exposure ordinance. Brennan testified at his trial that he undressed because he felt fed up with invasive TSA procedures. Judge Rees acquitted Brennan on the basis of free speech. Congrats to attorney Michael Rose. Read more in the [http://www.oregonlive.com/portland/index.ssf/2012/07/portlands_airport_stripper_joh.html Oregonian].
+Multnomah County Judge Kenneth Walker said it was a close case but that he had reasonable doubt that the two young men charged with leaving their pit bull tied to their jeep and driving across a parking lot were "reckless." One of the men jumped out of the moving jeep to rescue the animal when they realized their mistake. The pit bull has fully recovered. Read the [http://www.oregonlive.com/gresham/index.ssf/2012/07/judge_acquits_men_of_animal_ab.html#incart_hbx <u>Oregonian report.</u>]
-==='''Is Insanity Defense a Constitutional Right?'''===
+==='''Skype Makes Eavesdropping Easier'''===
-A new petition for cert before the US Supreme Court argues that Idaho and other states' refusal to recognize insanity as a defense violate defendants' rights to due process. Mr. Delling pleaded guilty in Idaho to second-degree murder, and he was sentenced to life imprisonment although the trial judge found that Delling did not have the "ability to appreciate the wrongfulness of his conduct." 52 Criminal Law and Mental Health Law Professors filed an Amicus in support, available [http://www.scribd.com/doc/100426635/Insanity-Defense <u>here</u>]. The [http://www.washingtonpost.com/politics/supreme-court-is-asked-to-find-that-insanity-defense-is-a-constitutional-right/2012/07/22/gJQAKNbr2W_story_1.html Washington Post] article gives some helpful background on the case and general state of the insanity defense cross-country.
+Skype had a reputation for making communication easy across borders, instantaneously, and with encryption software that made the instant chats relatively protected. However, authorities had been complaining that these features also made it more difficult for police to conduct wiretaps. In response, Microsoft has engineered make it much easier: giving authorities access to addresses and credit card numbers of users, among other changes. Read the [http://www.washingtonpost.com/business/economy/skype-makes-chats-and-user-data-more-available-to-police/2012/07/25/gJQAobI39W_story.html?Post+generic=%3Ftid%3Dsm_twitter_washingtonpost%20 WashPo article].
+{{wl-publish: 2012-07-30 10:55:11 -0700 | sduclos }}
-==='''Washington Supreme Court Orders Limit on Public Defender Case Loads'''===
-−
-The order requires public defenders to certify that they meet certain standards, including qualifications of the attorney and caseload limits. The standards limit caseloads to 400 misdemeanors or 150 felonies or 250 juvenile cases per year. To respond to the order, cities and counties will either need to divert some nonviolent cases or hire more attorneys. Read more in the [http://seattletimes.nwsource.com/html/opinion/2018718887_guest19boruchowitz.html Seattle Times].
-{{wl-publish: 2012-07-23 09:57:12 -0700 | sduclos }}