TalkLeft

Thursday Open Thread

Jeralyn — 2012-05-24T15:26:47-05:00

The jury in the John Edwards trial seems to have progressed to considering the charges involving Fred Baron.

Busy day here, this is an open thread, all topics welcome.

Fed. Judge Rules DEA Warrantless GPS Device Invalid

Jeralyn — 2012-05-23T18:43:31-05:00

The exclusionary rule is alive in Kentucky. A federal judge in Kentucky is the latest to rule the DEA cannot place a GPS device on a suspect's vehicle without a warrant. It ordered all evidence suppressed that resulted from the stop of the defendant's vehicle, including the seizure of 150 pounds of marijuana.

In this case, the DEA agents had their fishing poles out to catch Lee,” U.S. District Judge Amul R. Thapar wrote. “Admittedly, the agents did not intend to break the law. But, they installed a GPS device on Lee's car without a warrant in the hope that something might turn up.”

The judge also found that "good faith" doesn't save the DEA's action. There was no evidence apart from the search to support the charges. The defendant, who was facing a 20 year mandatory minimum due to his prior record, should be released from custody. (The feds say they will review the decision and decide whether to appeal.)

The 19 page decision is a good one. I've uploaded it here.

33 Years for Pakistani Doctor Who Aided CIA on Bin Laden

Jeralyn — 2012-05-23T14:32:08-05:00

Pakistan has sentenced Dr. Shakil Afridi, who aided the CIA in finding Osama Bin Laden to 33 years in prison. The New York Times has more here.

The CIA had asked Afridi to run a fake Hepatitis vaccine program. Details here. Leon Pannetta criticized his arrest on "60 Minutes".

George Zimmerman: Missing From the Discovery

Jeralyn — 2012-05-23T14:23:35-05:00

As Mark O'Mara reminds people on the George Zimmerman website, not all discovery has been provided. Some we will never see.

Things I'd like to know: What time did George Zimmerman leave his house? What route did he take from his house to where he parked his car? How long was he driving before he parked his car and called the non-emergency number to report Trayvon Martin? Where exactly was his car parked? What route did Trayvon take after walking close to GZ's vehicle? [More....]

Here’s my latest map. (Note that “The Teacher," the older distraught 911 caller, doesn’t live in the row of houses with the shared backyard. Her location is stated in the discovery version of her 911 call which is designated W-18 2/26 call.)

What discovery, other than Zimmerman's statements and photos of Trayvon Martin which are exempted from public records disclosure, do you think would be helpful to an analysis of where the encounter began and what ensued?

Zimmerman: Witnesses #2 and #12

Jeralyn — 2012-05-23T13:39:58-05:00

The Orlando Sentinel reports that four "key witnesses" provided statements in March that differed in part from their earlier statements. The Sentinel portrays the changes as "major" and says they are potentially damaging to Zimmerman's case.

The four witnesses the Sentinel lists are witnesses W-2, W-6, W-12 and W-13. Two of them aren't "key" to anything. The other two, W-6 and W-13 are key, but neither changed the most critical elements of their accounts. W-6 didn't budge from his assertion that during the struggle he witnessed (in which someone cried out for help) Trayvon was in black and on top of Zimmerman whose shirt or jacket was red. W-13 didn't change his account of what he saw or what Zimmerman said, he just provided his perception of Zimmerman's demeanor when later asked. [More...]

Witness 2:

W-2 said in her first interview on March 1 that she thought she saw two people running and a fistfight. But she couldn't provide any identifying details because she only got a quick glace and she had removed her contact lenses. She said she left the room and went back to the stove where she was cooking. The next thing she heard was the the gunshot.

She was interviewed again on March 1 about distances. She clearly had no idea of distances, accepting whatever Investigator Serino suggested to her. He asked her how far apart the two guys were she saw running:

Serino: I’m going to step away from you.
About here? [He motions]
A car length? 8 to 10 feet?
About 10 would you say?
10 feet. Ok thank you so much

W-2 was interviewed again by Serino on March 9. She repeats that she only got a glance and she didn't have her contact lenses in. As to the running, she says she heard it than saw it and turned around and left the room. She returned to the back room after she heard the shot. She again couldn't identify anyone.

During this interview, W-2 either had trouble explaining to Serino where her house was -- or Serino didn't understand where her house was.

Serino: Were they running towards your house or away from your house and towards the T or towards the street?
W-2: Towards the T
Serino: So away from our house
W-2: No
Serino: You live in that row on Retreat View, right? If they kept on running, would they have passed your house?
W-2:(Pauses, then agrees.)

She can't answer how far she was from the men she thought she saw. She reminds Serino again she didn't have her contact lenses in. She says they were downstairs, she was upstairs.

The FDLE investigators interview W-2 on March 20. Same story. She doesn't know what she saw, she didn't have her contacts in or glasses on.

It's not that she changed her story. It's that Serino was so anxious to confirm a chase he disregarded that she was never sure of what she saw, she didn't have her contact lenses in, and she was clueless as to distances. She would never have made it as a witness about anything.

Witness 12:

Witness 12 appears to be the wife of W-13, who is the witness who ran outside after hearing the shot, took an i-Phone photo of Zimmerman's injuries (the one later published by ABC News on the day of Zimmerman's bail hearing), was asked by Zimmerman to call his wife, and was told by Zimmerman he had to shoot the guy.)

W-12 told investigators she looked out and saw shadows of two people, with one on top, but their porch light wasn't on and it was dark. She couldn't tell their size and she didn't know who was on top. After the shot, she saw her husband outside talking to one of them. He had a flashlight.

In March, she told police that having seen the photos of Zimmerman in the media, she thinks the bigger guy was on top and that would be Zimmerman.

I know after seeing the TV of what's happening, comparing their sizes, I think Zimmerman was definitely on top because of his size," she said.

So W-2 is an irrelevant witness who never would have been called and W-12 is minor witness with nothing to add to her husband's account, other than what she concluded after seeing images of Zimmerman on TV. I don't think either one is a "key witness" who changed their story in way that could damage Zimmerman's defense.

It's The Tax Policy, Stupid

Big Tent Democrat — 2012-05-23T10:46:09-05:00

In a column arguing for short term stimulus, Peter Orzag writes:

When policy makers put in place measures carefully designed to reduce the federal deficit in the future, most of them happen. This is a good thing, since enacting more stimulus today and more deficit reduction to take effect later is exactly what the U.S. needs. It’s also what makes the ongoing jobs-versus-austerity debate so frustrating. What we really need is to be bolder on both jobs and austerity, by pursuing a combination policy.

Those who are most concerned about the weak labor market should be most willing to do whatever it takes -- including combining delayed budget cuts with stimulus -- to get the most stimulus passed. And those who favor a combined approach shouldn’t be characterized (as I have been) as pro-austerity and anti-stimulus.[...] [Emphasis supplied.]

Someone hurt Peter Orzag's fee fees. A couple of points: Orzag is arguing for "maximum stimulus now." Where was he in January 2009? Second, his statement about spending cuts in the social safety net is true. But tax increases for deficit reduction NEVER survive. It's funny how to Orzag, the Clinton tax increase of 1993, the most important deficit reduction measure of the last 25 years, is not even worth a mention. Of course we know why, it undermines his argument. THAT deficit reduction measure did not hold. Taxes were cut twice during the Bush Administration. So Orzag says we should agree with him to cut spending in the future for more spending now. But what about the Bush tax cuts?

Sorry Mt. Orzag, you are pro-austerity and pro cutting the social safety net. It's what you don't write about that proves it to me - tax policy.

Speaking for me only

The Election and the News

Big Tent Democrat — 2012-05-23T10:13:42-05:00

I generally start my day by reading the New York Times Online. Today was no different. But I looked at it from a different perspective -- what in the news today would have an effect on the election and what would that effect be?

Here''s what I found today - Egyptians vote for President in First for Arab World. What of this? Election itself a slight positive for Obama but not really important. Just part of the sheen of a perceived successful foreign policy. Facebook IPO Raises Regulatory Concerns. A story about how insiders get better information than average investors. But Facebook is sort of tied to Obama in an image way (and probably in a monied way as well.) A wash. Global Powers Resume Talks With Iran. Good for Obama, especially if Romney feels compelled to appease the neocons who want war with Iran.

But here is the news that matters politically - Stocks Fall as EU Leaders Gather In Brussels. It is in Europe where the big story is today. The adoption of the most senseless economic policy in some time - austerity in the face of economic recession, threatens the world economy. And in fact, threatens Obama's reelection. I'll explain why on the flip.

From the story:

“The hard truth is that there are no magic solutions to solving this crisis,” the Netherlands’ caretaker prime minister, Mark Rutte, said Wednesday before the meeting. “We will all have to keep our spending in check, pay off our debts and swiftly introduce healthy reforms. This is what will kick-start growth in a highly competitive world, and offer the young a new hope and a future.” [Emphasis supplied.]

Think about that. After 2 years demonstrating just how stupid that approach is in an economic recession, Europe appears set to double down.

A similar debate is occurring in the United States. And it is the Republicans who want to emulate Europe.

The are two political plays on this for the Obama team. The first is to denounce the drive for austerity in Europe,either privately or publically, and let the European leaders know that you will distance yourself from their policies. This might forestall some of the European austerity.

This might help the economy which of course helps Obama's reelection chances.

The other play is to tie Romney and the GOP to Europe's failed austerity policies and how they would lead to disaster in the United States. "See what's happening in Europe? That's what the GOP wants for the US" would be the line.

This approach also allows Dems to highlight that the GOP wants to gut Medicare and Social Security. Yes, a little "Mediscare." Which happens to be true BTW.

That's how I'm reading the news these days.

Speaking for me only

Tuesday Night Open Thread

Jeralyn — 2012-05-22T21:16:26-05:00

No verdict in the John Edwards case.

The ACLU weighs in on DEA data-mining of license plates (see our earlier post here.)

I'll put up a new thread on George Zimmerman shortly, as our last one is full.

This is an open thread, all topics welcome.

Tuesday Morning Open Thread

Big Tent Democrat — 2012-05-22T09:43:49-05:00

How about that Cory Booker? Great surrogate for Obama ay? Prime time speaking gig at the Dem Convention you think? Wait, make that the GOP Convention.

Open Thread.

Monday Open Thread

Jeralyn — 2012-05-21T10:20:23-05:00

Dominique Strauss-Kahn faces more trouble in France.

It's a court day for me, so an open thread for you. BTD should be returning soon. All topics welcome.

John Edwards Jury to Resume Deliberations

Jeralyn — 2012-05-21T10:17:55-05:00

Update: No verdict today and the jury may still be discussing the Bunny Money.

The jury will resume deliberations in the John Edwards trial today. MSNBC has graciously provided the full transcripts of closing arguments. The Judge's final jury instructions are here. Attorney and trial watcher for MSNBC Hampton Dellinger explains the possible outcomes here.

Sunday Night Open Thread

Jeralyn — 2012-05-20T21:22:54-05:00

In case anyone here wants to talk about something besides George Zimmerman, here's an open thread, all topics welcome.

George Zimmerman : State of the Evidence

Jeralyn — 2012-05-20T16:06:00-05:00

I'm still working through the discovery in the George Zimmerman case. I have a long post I'm writing on Witnesses #6 and #13, who I think may be the most important witnesses to the criminal case.

One thing that stikes me is that police are no better than lay people as eyewitnesses. For example, in describing Trayvon Martin's clothes the night of the shooting:

Ofc. Ricardo Ayala, Page 14: 2/27/12, 2:28 am: Trayvon is lying in the grass, wearing a black sweater, blue jeans, white/red tennis shoes.
Officer Joseph Santiago, Page 16: 3/2/12: describing his participation on 2/26: Got to the scene, Trayvon was on his back, had gray sweatshirt, light colored shorts, white tennis shoes.

Trayvon had on a light grey Nike sweatshirt (ME-8) and a dark grey Fruit of the Loom hooded sweatshirt (ME-12.) (Report here. Curiously, the police reports list the sweatshirt as ME-12 and the hoodie as ME-8.) He was wearing tan pants, as is evident in the 7-11 video. [More...]

I've seen some questions in comments about the first 911 caller. She called in before the shot and keeps referring to "Jeremy", telling him to get down. Transcript and audio here and audio below).

I believe her handwritten statement from the night of the shooting is on p. 87 or on p. 103. She and "Jeremy" were both re-interviewed on March 2. Since recordings of their March 2 interviews are 12 minutes apart, I assume they went together.

She seems to be the witness Serino is referring to on page 41, who describes Zimmerman as "laid back" and says he was passionate about the watch program. I think she served on the Homeowner's Association board and that's how she knows of his activities in the watch program. (No link for that, it's based on my digging, not just the discovery.)

Bottom line is this witness and "Jeremy" didn't see anything at the time, they just heard stuff and called 911. But they were very close to the shooting site (which you can tell from the 911 call with the gunshot and yells.)

I haven't yet seen a map with the house numbers, so I made one. I'm not that great with adding text in Photoshop so the placements are approximate and not perfectly aligned. Since we don't want to use the names of witnesses who have not publicly come forward, it may be helpful to place witnesses by their number (W-6, W-13) by their location. I'll do that in a future map.

One item needs to be clarified. No one filed a capias the night of the shooting asking that Zimmerman be arrested. The capias request by Chris Serino is dated March 13, 2012. In his 13 page report dated the same day, Serino says he spoke to Asst State’s atty Kelly Jo Hines at 23:45 on 2/26 “and apprised her of circumstances.” There's no mention of anyone having an opinion Zimmerman should have been arrested or was not to be believed. I don't trust any of the media reports using unnamed police sources who may say differently.

Also, Serino says in his March 13, 2012 report that "the case was presented to" the state's attorney's office on March 8 at a meeting with Assistant State's Attorney James Carter that took place at the Sanford Police Department. (See p. 42 of 183.)That may be the earliest anyone with the Sanford Police had an opportunity to voice an opinion to the State's Attorney's office, other than in personal conversations.

Also on page 42, Serino says he received Zimmerman's medical records confirming his fractured nose on March 9. (So unbeknownst to O'Mara, they had them long before the bail hearing and the records made no difference to their charging decision.)

There's lots of questions about what was in Trayvon's pockets and the varied descriptions of the placement of the Arizona iced tea can, the skittles, the headphones, the lighter and the cell phone. I may do a separate post on that.

Witnesses who I don't think will play a big role: The confused older lady, Mary Cutcher and her roommate Selma, and 13 year old Austin Brown. The confused lady is too....confused and the roommates' stories have changed and evolved so much since their initial versions they will have no credibility.

As to Austin Brown, he only saw one person on the ground, thought he may have fallen and broken his leg, didn't get a look at him except to see he had a red shirt, could not discern his race, and he didn't see a fight or the gunshot.

The witnesses' recorded interviews are far more revealing than the 183 pages of discovery. They also take a lot of time to listen to and are not transcribed.

Who screamed may be a dead issue. As I'll explain in my next post, W-6 is no longer certain, Tracy Martin initially said it wasn't Trayvon's voice, and the FBI says it's impossible to tell. I think the FBI report will cancel out any other voice-expert who says differently. (W-6 still maintains Trayvon was on top during the physical struggle, he's just no longer sure he heard the scream coming from Zimmerman, as opposed to assumed it did because he was on the bottom.)

Nor do I think DeeDee will play a big role. She wasn't there, she is fairly inarticulate, she has a bias, she didn't come forward until Team Crump talked her into it, and her story has inconsistencies. She mainly can testify about George Zimmerman's following Trayvon, but that's not relevant to his self-defense claim, no matter how much the state wants it to be.

The state is left with: George made a bad judgment call by getting out of his car to look for Trayvon instead of waiting for the police. That's not a crime, and it's not provocation, let alone contemporaneous provocation, for Trayvon Martin's use of force against him. Even if it was, the state has no witness who said on the night of the shooting that George had an opportunity to extricate himself and avoid using deadly force.

The state has no witness from the night of the shooting to refute that Trayvon broke George's nose and banged his head into concrete (whether the cement manhole cover or the sidewalk) or was crying out for help. Opinions witnesses formed later that it was Trayvon or a child screaming won't carry much weight.

Any reasonable person in George's situation, on the ground, with a broken nose and having his head banged against cement, would fear serious bodily injury.

Your turn.

Champions League Final

Big Tent Democrat — 2012-05-19T14:35:23-05:00

Go Chelsea!!

Open Thread.

DEA Asks For License Plate Scanners of All Cars on Utah Highway

Jeralyn — 2012-05-19T09:34:00-05:00

The next wave of Big Brother, courtesy of the DEA:

The DEA and two sheriffs are asking permission to install stationary license plate scanners on the freeway in Beaver and Washington counties. The primary purpose would be to catch or build cases against drug traffickers....

....Gary Newcomb, a supervisory IT specialist from the DEA, flew in from Virginia to testify Wednesday. He said the scanners are already in place on drug trafficking corridors in California and Texas, and the DEA is considering placing them on interstates near the Arizona cities of Kingman and Flagstaff.

[More...]

The scans could be stored and accessible to the DEA for 2 years:

For long-term investigation.... the digital data would be routed through the police dispatch centers in Beaver and Washington counties to a DEA facility in northern Virginia where it would be stored for two years.

What will they do with the stored data?

The stored data could be used only to research the movements of suspected drug traffickers or to help other law enforcement agencies investigating serious crimes, Newcomb said. The DEA would track who is accessing the data and why, he said.

Funniest line of the article:

[Sheriff] Noel admitted he would be "tempted" to use the scanner data to investigate felony property crimes but would resist.