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Archives: March 11 - 20, 2008 |
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Tuesday, March 11, 2008
Bravery of Local Law Enforcement Officers Spotlighted in “Murder In The Heartland” Series Book: A little more than 10-years ago, a frightened young client telephoned me at home one evening. His call led to the apprehension just hours later of two teenagers - who eventually were convicted and sentenced to life terms in prison - in connection with a double murder in deep Southern Illinois. Greg Sapp of radio stations WXEF-FM and WKJT-FM updates the story.
And Then There Are The “Less-Than-Super” Troopers: Remember the guy made famous on YouTube for being shot in the back by a taser gun-wielding law enforcement officer earlier this year in Utah? Well, that guy is $ 40,000.00-dollars richer today, thanks to a settlement agreement. [Parental guidance suggested due to traumatic video scene].
Billie Jean? Bucking legal precedent, a family court judge in Georgia ordered the return of more than $ 14,000.00-dollars last week to a child support-paying “father.” The poor guy had made his court-ordered child support payments for more than a decade - only to find out later that the child he was supporting . . . wasn’t “his.” [For more discussion on this issue, see our March 8th entry].
Wednesday, March 12, 2008
A Must Read Article: “We are a nation on dope” - that’s a direct quote from Sports Illustrated’s “Steroids In America: The Real Dope.” Not everybody is “on” something though, thank goodness. Just way too many people . . . of all ages. This article is definitely worth your time, no matter what your station in life.
By A Hair: Local radio personality “Woody” of WCRC-FM (95.7) is doing a pretty cool thing. He’s going to be shaving his head to raise funds for childhood cancer research. For more information - and to be of special assistance - click here. Woody will be sacrificing all of his remaining hair . . . in honor of Austin Adams, 9, from Effingham who is undergoing treatment for Non-Hodgkin's Lymphoma at Cardinal Glennon Hospital in St. Louis. Go, Woody! Go, Austin!
Saying “I Do” . . . By Proxy: Remember those old movies where the groom couldn’t make it to the wedding ceremony for some reason, so someone had to “stand in” for him? Well, this kind of thing really is legal in at least a couple of states. In fact, under certain circumstances, a couple can legally get married in Montana without either party being present at the ceremony - according to a news story published this week in the New York Times, as well as the web site MarriageByProxy.com.
Thursday, March 13, 2008
Curing Overzealousness - Exercising Discretion: The best check on overzealousness in law enforcement is an ethical prosecutor who knows when and if a criminal charge against a person should proceed to trial. Proving the point, the Cook County State’s Attorney’s office is dropping charges against a woman who very briefly left her daughter unattended last December in a locked motor vehicle.
We dedicate our next headline to people who mistakenly believe that lawyers think too highly of themselves.
Scott Ealy is Jesus . . . in the Easter mini-cantata “O Love Divine” this weekend at Centenary United Methodist Church in Effingham. The program will include drama, scriptural texts and inspirational music with presentations on Saturday, March 15, at 5:45 p.m.; and Sunday, March 16, at 8:15 a.m. and 10:45 a.m.
Combating Irresponsible Discussion Board Rumors: A Kentucky lawmaker is trying to criminalize anonymous internet postings in his state. House Bill 775, authored by state Rep. Tim Couch of Hyden, Ky., would require posters to provide their name, address and email address alongside any comments they make on the internet or face a $ 500.00-dollar fine for a first offense and $ 1,000.00-dollar fines for subsequent offenses. However, anonymous posters and other observers say HB 775 has virtually no chance of passage . . . and that Rep. Couch is an evil scumbag and a Satan worshipper. OK, I just made that last part up.
Chicago Now Even More “Bike Friendly” - An avid bicyclist, Mayor Richard Daley continues to make good on his pledge to make Chicago the USA’s most bicycle friendly city. The Chicago City Council passed several progressive bicycle safety ordinances on Wednesday.
Friday, March 14, 2008
Back On The Air: Following a brief hiatus, the wildly popular website RateMyCop.com is back up and available for your inspection. Originators say the website is a national indicator of police performance overall and not simply a venting place for grudge holders: “Officers who do their job well will receive the public attention they deserve. So will the dishonorable few who try to hide misconduct behind the power of their badge.”
Back When I Was In Eighth Grade . . . at Sacred Heart (Grade) School, a kid who always went “home for lunch” was our best bud. [Hello, DSL!] Before returning to school each afternoon, this enterprising young fellow would stop off at a now defunct grocery store, where he would purchase every item of contraband candy known to humankind - within the constraints of our ever-fluctuating tastes and schoolboy budgets. The nuns never discovered our unauthorized “on campus” possession or consumption, or - if they did know - they never let on. And, for us, life was just peachy.
Not so today, however, for a disgraced young lad in Connecticut. New Haven authorities eventually decided to “go light” on this perpetrator, though . . . despite the fact that his eschewing of the rules against candy obviously had become a clear and present danger to school “wellness” - as our highly-evolved civilization now knows it.
And Don’t Look Now . . . but the mind mass in the Illinois Legislature is continuing to take on the problem of “distracted driving.” Problem is, our lawmakers are trying to define “distracted driving” and . . . therein lies the problem.
Hey, wait a minute, don’t we already have a reckless driving statute? And aren’t “improper lane usage” and “failure to reduce speed to avoid an accident,” etc., already down “on the books” as vehicle code offenses?
Scott’s comment: “Next thing you know, it’ll be illegal to walk down an alley backwards eating a ham sandwich.”
HER 15-Minutes: From the for-what-it’s-worth department, here’s a link to the myspace website of former “Spitzer Girl” Ashley Alexandra Dupre’, who’s really not a bad singer. Dupre’ is receiving significant airplay right now in most major U.S. radio markets. Some say it’s just another “dime a dozen” situation. Others have learned, however, that the price is a little bit higher.
Saturday, March 15, 2008
My World Is Changing: In my consciousness, it’s always been there. But as of this week Lange’s News & Books, the newsstand on my block . . . is gone - following a path taken in recent years by the Heart Theatre, Betty’s Coffee Shop, etc.
Drug Testing: The Supreme Court of the state of Washington - relying upon that state’s own unique constitutional protections - ruled this week that mandatory random drug testing for high school athletes in that state, without individualized suspicion, is prohibited.
While I treasure personal freedoms, perhaps more so than most people, I support the concept of random drug testing for all athletes. From my vantage point, a significant amount of chemical-based cheating is likely going on in high school sports. The participants (as well any alleged “coaches” who look the other way) are compromising the integrity of sport. What’s worse is, they are jeopardizing the health - and lives - of young people.
Note: I especially support the concept of voluntary random drug testing for athletes. Sports stars who submit to rigorous testing programs to prove their personal integrity set a good example for all of us and have my utmost respect and admiration.
Local Runner Injured: One area runner whose personal integrity and work ethic I greatly admire is Roch Hartke of rural Effingham. Roch suffered a broken ankle recently on a training run, and we all wish him a speedy recovery because he’s a great guy!
Surprised: I was accosted just prior to seven o’clock this morning by a handful of apparent hoodlums pounding on my front office windows in downtown Effingham. The disturbance quickly transformed into a five mile run. (The suspects already had put in a couple of training miles on their own). The perpetrators were identified as follows: Dr. Michael Brummer, Shelley Nuelle, Dave Price, Amy Guy and Jana Deadmond - and it was great to hang out with them!
Finally: I could not be more pleased for good guy / head coach Bruce Weber and the University of Illinois basketball team, which advanced to this afternoon’s Big Ten Conference Tournament semi-finals with a big win last night over No. 17 Purdue.
Sunday, March 16, 2008
Busy: I’ve been about as busy as I can be, lately, including this weekend - with work, running, coaching (at an invitational high school track meet at Eastern Illinois University) and an Easter cantata. But, I do have time . . . right now to reflect on some of my favorite people.
If It’s The Truth, It Ain’t Braggin’ - My Chillen’ - Robert, 22, a senior at the University of Illinois in Champaign - Urbana, is on spring break right now . . . far away from home. He’s on a mission trip, working at an orphanage in Magdalena, Mexico. Michael, who’s going to be 20 in just a couple of weeks, is a sophomore at Southern Illinois University - Edwardsville, where spring break comes to an end tomorrow. He recently made the Dean’s List at SIU-E, along with his several of his good guy roommates, including: Brent Kirchhofer, his cousin; and Jeremy Lagerhausen, a classmate from high school. Meanwhile, Brigette, 15, just made high honors and varsity cheerleader again (for her upcoming sophomore year in tryouts earlier this month) at Beecher City High School. She also just completed the open road portion of “driver’s ed.”
Financial Aid Tied To Piracy Crackdown: Under pending federal legislation, in order for students be rewarded with significant new funding opportunities, their colleges would have to “cooperate in new ways” to reduce the illegal downloading of movies and music.
Got A Plumbers Union Card, Son? Florida state Senators passed a measure Thursday that would prohibit the wearing of “droopy pants” at school. Specifically, Senate Bill 302 targets a student’s wearing of pants “half way down the buttocks,” thereby exposing his or her “flesh or underwear.” First offenders would receive only a verbal warning.
Monday, March 17, 2008
Brackets & Wagering: According to a gambling industry source, more than $ 12-billion dollars will change hands in the USA during the upcoming NCAA mens college basketball tournament. Although illegal in most states, the “office pool” remains our most popular mode of wagering.
Scott’s Believe-It-Or-Not Law Summary: Illegal wagering - inclusive of “office pools” - is a Class A Misdemeanor in Illinois, punishable by maximums of up to one-year in jail and a $ 2,500.00-dollar fine. Additionally, failure to report gambling income could be considered tax evasion. If you gamble and lose however, you may be heartened to learn about the Illinois Loss Recovery Act. Under the act, a person who participates in an illegal wager and loses more than $ 50.00-dollars can sue for the immediate return of his or her money. Kind of tacky, huh?
Albeit rarely, sometimes large office pool organizers actually face criminal prosecution. In addition to seeking jail time and fines, the government can seize any property that was used in the furtherance of an illegal gambling venture.
Under Illinois law, prosecutors have the absolute discretion to charge (or to not charge) any crime. In my opinion - especially in view of the popularity of NCAA office pool activity - a State’s Attorney would be politically foolish to prosecute in run-of-the-mill office pool circumstances.
One final note: In 2006, President Bush signed federal legislation banning all forms of internet sports wagering in the USA. Internet sports wagering had already been illegal but the prohibition had encountered substantial enforcement difficulties.
Reaching Higher: Congratulations to our former office intern Paul “Bubba” Whitehair (EHS Class of 2004), who is headed to the College of Law at the University of Illinois this fall!
[Click here to view a menu of the law school’s informative “Illinois Law” online video presentations. (Windows Media)].
Reaching Higher Still: Here are links to a couple of photographs taken after the final showing of “O Love Divine,” the Easter cantata performed this past weekend at Centenary United Methodist Church in Effingham. Photo 1. Photo 2. Yes, that’s me with the beard, which, by the way, is coming off on Sunday.
It was a deeply personal, very humbling and meaningful experience for me to be able to participate in this presentation.
St. Patrick’s Day: OK, so it’s St. Patty’s Day, and I’m wearing a green shirt this morning . . . and noticing that this informal “holiday” is appropriately summarized on the website “Stuff White People Like.”
Tuesday, March 18, 2008
My Little Sis’ - A certain Rhonda Ealy turns the page today and hits the big 4-Oh! Rhonda was born on March 18, 1968, at St. Anthony’s Memorial Hospital in Effingham, Ill., and now lives with her husband Richard Steffensen in Bend, Oregon, where together they own and operate Strictly Organic Coffee.
B-Rating Each Other: Yes, some people in law enforcement are critical of the wildly popular website RateMyCop.com. I wonder what these same people might think about a new officer-created website known as . . . CopsWritingCops.com ?
After Midnight: Very early this morning, I saw my name referenced on the TalkAboutHam Internet discussion board, which - it may surprise you - usually scares the you-know-what out of me, initially. I often fear the worst, such as revelations that I am a mass murderer or something to that effect. Here, however, the “post” was basically a legal question, and (since I couldn’t sleep anyway) I took the bait and responded with some free legal advice on the duty of law enforcement officers with regard to certain traffic safety rules.
It’s A PUBLIC Phone: Many public officials receive free cellular telephone service as an employment perk. But not every public employee uses his or her phone solely for governmental purposes. Freedom-Of-Information requests are just beginning to shed some renewed light on the issue, according to an article in the Peoria Journal Star newspaper. Hmmm. This one could get VERY interesting.
Suds Sensors? A Northern Illinois judge approved another new tool last week in the crackdown on drunken driving. It’s a scientific device that measures the presence of alcohol . . . in the air, according to a copyrighted story in the Aurora Beacon News.
Wednesday, March 19, 2008
Top 10 Most Wanted: They’re reportedly the worst of the worst in Los Angeles County, California, owing between $63,000.00 and $427,000.00-dollars in unpaid child support concerning a total of 17 children. Now, ten convicted child support criminals are being featured - prominently - on a publicly distributed delinquent parents poster. Illinois doesn’t have anything similar at the moment, but we do have a rarely utilized criminal Non-Support Punishment statute. 750 ILCS 16/15.
The Times They Are A Changin’ - When I graduated from law school in 1993, a person who chose to become a prosecutor was eligible for various student loan forgiveness and assistance programs. But a person who chose to defend indigent clients got nothing (besides condescending smirks and a comparatively low annual salary). Though necessary to our system, indigent defense was not politically popular. Now, the tide is beginning to turn toward equality. Harvard Law School announced a program this week whereby students can attend their third year of law school tuition-free - if they pledge to get involved in non-profit work, or as either a government prosecutor . . . or defender.
Thursday, March 20, 2008
Human Being of the Week: Most people are aware that the USA’s troubled immigration “system” is rooted in the debunked myth of white supremacy. Some folks get their jollies from seeing “illegal” immigrants rounded up like cattle during misguided government raids, but not Bob Hildreth. Putting his money where his heart is, Hildreth recently posted $200,000.00-dollars of his own money as bond to win pre-trial freedom for 40 people arrested in an immigration raid at a Massachusetts's factory.
Warrant Issued For Actor: 21-year old Shia LeBeouf - formerly of “Even Stevens” television fame on the Disney Channel - is back in trouble. Neither LeBeouf nor his attorney bothered to show up this week for a mandatory court appearance in Los Angeles, where the actor faces a misdemeanor charge of unlawful smoking. At last report, a $1,000.00 bench warrant for LeBeouf remained outstanding.
Kiss It Goodbye: Anyone posting bail money for others in our local court system should heed this warning on the bond sheet that they personally sign: Bail money “may be used” to pay the defendant’s fines and / or costs - regardless of who posted it - and . . . it usually is.
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