User-agent: * Allow: / Legal news, political opinion, Satire, and lawyer thinking by Tim Paynter, Attorney at Law: 2010-11-14

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Thursday, November 18, 2010

DEA Chief Promises Enforcement Of Marijuana Laws, Oppose MMJ

Article first published as DEA Promises Enforcement of Marijuana Laws, Will Fight Legalization on Technorati with author Tim Paynter.

Michele-Leonhart-daily calleriism

Acting Director of the Drug Enforcement Administration (DEA) Michele Leonhart promised to oppose legalization of Medical Marijuana (MMJ) and step up enforcement in states where MMJ has been made legal under state laws, if she were made Director of the DEA.

The Senate Judiciary Committee grilled Leonhart about MMJ laws.

“I’m a big fan of the DEA,” said Republican Sen. Jeff Sessions of Alabama. Then he asked Leonhart if she would fight the legalization of MMJ.

“I have seen what marijuana use has done to young people, I have seen the abuse, I have seen what it’s done to families. It’s bad,” Leonhart said. “If confirmed as administrator, we would continue to enforce the federal drug laws.”

“These legalization efforts sound good to people,” Sessions quipped. “They say, ‘We could just end the problem of drugs if we could just make it legal.’ But any country that’s tried that, Alaska and other places have tried it, have failed. It does not work,” Sessions said.

Then Sessions asked point blank: “We need people who are willing to say that. Are you willing to say that?”

“Yes, I’ve said that, senator. You’re absolutely correct, the social costs from drug abuse, especially from marijuana,” Leonhart agreed “Legalizers say it will help the Mexican cartel situation; it won’t. It will allow states to balance budgets; it won’t. No one is looking (at) the social costs of legalizing drugs.”

Democratic Senator Herb Kohl of Wisconsin grilled Leonhart about her position on changes in regulations for the administration of prescription drugs in nursing homes which were handed down during the Bush Administration. The new regulations are complicated and time consuming to comply with.

"The time that it takes for a nursing home to comply with the DEA’s new enforcement policy can be an eternity to an elderly patient who is in agonizing pain.” Stated Kohl.

This is not the first time Acting Director Leonhart has heard complaints about the complicated regulatory scheme. Kohl met with Leonhart in early May of 2010 after she promised a swift resolution to the problem.

“You told me you also would address the problem swiftly,” Kohl said. “In August, I requested joint comments from DEA and DHHS on draft legislation that I prepared and submitted to you to facilitate more timely access to pain medication for ailing nursing home residents. I received no response. It appears the DEA is putting paperwork before pain relief,” Kohl said.

“We don’t take lightly our responsibility to not only prevent aversion and do our regulatory business” Leonhart replied. “But we’re very concerned about those patients in need. That’s why in the interim, while we’re finding long-term solutions, we’ve come up with a few short-term solutions and policy statements. We need to do more.”

The DEA has been criticized for paying lip service to Congressional requests to solve the problem. Leonhart’s assurances of “slow progress” were not encouraging. She rose in the ranks of the DEA through the Bush Administration which encouraged heightened scrutiny of drug administration in nursing homes.

“I would like to see much more progress made on this issue before you are confirmed,” Kohl’s said curtly.

Overall, Leonhart appeared to have made a favorable impression on the Committee. If she keeps her promise she could put significant pressure on states that have legalized MMJ clinics and perhaps challenge state laws allowing MMJ in contravention to federal drug possession laws. Meanwhile, until the DEA makes changes in the administration of medications in nursing homes, patients may suffer eternal pain.

call reid

Read about government abuses to undocumented immigrants here.

Please call senator Harry Reid and Ask him to support the Dream Act and CIR!

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Tuesday, November 16, 2010

Samantha Kelly Missing Facebook Images

Originally published as It didn’t Get Better For Samantha Kelly by Tim Paynter on Technorati   Y9N6757GZXZB
Samantha Kelly was 14 years old when a popular high school student, Joe Tarnopolski, 18, allegedly forced her to have sex.

Technorati claim #  Y9N6757GZXZB

“I told him, ‘You are hurting me.  Stop.  You’re hurting me’ and ‘I want to leave,” Kelly said she told the 18 year old when she appeared on WJBK Fox News Channel 2.

“There was a point where I squirmed and he pulled me back down by my legs, and I cried and he wiped my tears and told me everything would be okay.”  Samantha continued.
Except things were not O.K., they did not get better.  While the “It gets better” campaign is directed to gay teens to prevent suicide, Samantha might have benefited from the moral support.  She did not get it.

After the alleged rape, two stories about her sexual encounter surfaced.  In the first, Samantha claimed Tarnopolski forced her to have sex. However, before Samantha went onto Fox News, the D.A. “coerced” a statement the affair was voluntary.  That changes the crime from violent rape to statutory rape.
After the Fox 2 News interview, Samantha’s crisis turned into a nightmare.  Tarnopolski claimed there was a “confidentiality agreement”.  He sent a series of twitter messages.
For example, on October 3rd, Tarnopolski sent out a tweet, “You say I fucked your life up, but your the one who lies to everyone because your scared to get in trouble! You threw this upon me! Your idea.”

Meanwhile, many who had been Samantha’s friend turned against her, choosing to support the popular Tarnopolski.  They threw food at her in the lunch room.  There were taunts and jokes.  There was a Joe Tarnopolski is innocent Face Book Page, a slap in the face for a little girl whose claim she had been violated was going un-believed.

fingers samantha kelley 
From Samantha Facebook

Even the Assistant Wayne County D.A., Keisha Glenn, whose obligation it is to protect the victim, came down on Samantha.  Glenn said she would tell the judge about the Samantha's first statement the sex was voluntary if she repeated the Fox 2 News version.  It was a veiled threat to charge Samantha for perjury.  This, according to a report on the Detroit News given by Matthew Evans, Tarnopolski's court appointed attorney.

kelly pic vsm
Samantha’s mother, June Justice, tried to find another school for Samantha to take her out of her toxic environment.  However, with no new school on the horizon, school administrators sent Justice a letter in which they said Samantha had to come back.  The nearly 4.0 student, who had spoken of college, would be a truant.

They say those who commit suicide do so because they can’t see a way out of their situation.  Samantha could not escape the jeers.  The prosecutor was far from supportive.  Samantha had to go back to school and face more ugly talk and see the man she claims raped her.  There was no solution for a 14 year old in desperate trouble. 

Samantha’s first effort at suicide, taking prescription drugs, was botched.  That won her four days in a mental institution.  She could not even escape her pain by killing herself.  Then, the night before she was to testify, Samantha came home from school, shut the door to her room, wrote the date of the rape on her wall, September 26th, and hanged herself.

Even in death, things got worse. The charges against Tarnopolski were dropped since the key witness, Samantha, was dead. Tarnopolski's admission he had sex with a juvenile can't come into court without something more.  Recently, pictures were posted to Samantha's face book page which contain additional taunts.  The worst of the pictures have been deleted. Some of the least offensive have been posted here.
Courageous Samantha Kelly would feel good if she knew her bravery in bringing forth allegations of rape have given a second girl Tarnopolski allegedly violated the courage to come forward.  Prosecutors say the criminal case will become public next week, presumably after Tarnopolski appears in court in flaming orange.  There is now a second Face Book page Joe Tarnolpolski should be incarcerated

samantha kelley
Author's note:  I included images I found on the Samantha Kelly R.I.P. Face Book Page with trepidation.  On the one hand, they are plenty ugly.  On the other, if we don't expose bullies then they continue their reign of terror against defenseless teens.  Is this the way the teens who posted the pictures want to be treated when their time comes?  Sad to say, there are images much more graphic and ugly than these.
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ICE Raids Amway Bus, Illegally Arrests Occupants

This article originally published by Tim Paynter as ICE Raids Amway Bus But Won't Eat Humble Pie  on Technorati.

Immigration and Customs Enforcement (ICE) thinks Amway is smuggling illegal immigrants from Denver, Colorado, to Omaha, Nebraska, disguised as salesmen. At least, that must have been the theory of Super Secret ICE Agent (SSIA) Linda Minze.

On April 2nd, 2010, SSIA Minze was working under cover in Omaha, Nebraska, disguised as a McDonald’s customer. All of a sudden a Greyhound Bus pulled into McDonalds and the passengers got out, very suspicious.

Protesters ask, "what does an undocumented worker look like?"

SSIA Minze is fluent in Spanish so she used her best under-cover technique to sashay up to the passengers and eavesdrop on their conversations. All the while she pretended to be an unhappy McDonalds customer who got stuck waiting in line behind a bus load of Spanish speakers.

Using her 19 years of field experience, SSIA Minze deduced the people on the interstate Bus had been traveling for a long time. That was her first clue she had come across “a smuggling load” of illegal aliens. She also concluded “the dress of the individuals” was consistent with people who were riding on a Bus for a long time and that made them likely to be undocumented workers. Minze was probably excited about winning the title of SSIA of the month.

After ordering an egg McMuffin with extra hot sauce SSIA Minze called her pals. A battalion of officers showed up including two officers, one who parked immediately in front of the bus and one immediately behind. That gave the officers plenty of time to get their own breakfast burrito before the “smuggling load” could get away.

The officers patiently waited for all of the "undocumented workers" to board the bus.  It is a state secret how ICE knew no one would get suspicious about ICE vehicles blocking the bus, and make a run for it.  You would have to be a US citizen Amway salesman to get onto a bus being blocked by ICE. 

Then SSIA Minze sprung her trap. She approached the coyote masquerading as a Greyhound Bus driver.  He explained Amway chartered the bus to drive the people to the Amway convention in Omaha.  The passengers were dressed nicely because the convention was at the Hilton Hotel. SSIA Minze didn’t buy his story.  They looked like undocumented workers to her.

The Amway salespeople were told to turn off their cellphones so no one could call the radio or television stations to witness the government make a fool of itself.   After barking orders and checking several I.D.'s no undocumented workers were found.

Considering how little SSIA Minze learned in 19 years of service, she must have worn egg McMuffin on her face plenty of times. It is the peeling the egg off in public she wanted to avoid. With patrons watching, the super agent had to arrest someone!  What would all of those voters who back border security candidates think?

SSIA Minze arrested the entire bus, including those who had produced identification to show they were US citizens.  The “coyote” was commanded to take the bus to ICE headquarters. Once there, the Denver Amway people were subjected to intimate body pat downs, including everyone's crack and los juevos for the men.  I am not going to tell you what they did to the women.  After insuring no contraband or undocumented workers were hiding in body parts, the Amway conventioneers were placed into ICE holding cells to wait for fingerprinting and positive identification. 

ICE put the entire bus through hell, humiliating the passengers and arresting them without probable cause.  Now, it was time for SSIA Minze to peel the Egg McMuffin from her face.  At least no one from McDonald's was there to see when SSIA Minze released the entire bus, no doubt telling them if they had dressed like Gray Hound Bus people, instead of Amway people heading for the Hilton, this would never have happened. 

Denver ICE has been abusive in some of its practices, as well.  Read about a botched Denver raid HERE.

Passage of Comprehensive Immigration Reform (CIR) will save millions of dollars on experienced ICE officers.  It would eliminate the need for under-cover officers at McDonalds.

The Denver ACLU, whose attorneys sometimes assist the Colorado Immigrant Rights Coalition (CIRC) has filed suit.  At least one passenger plans to peel green backs out of the US government agency which humiliated the Amway conventioneers.  Most would prefer to be treated as equal citizens than sue, but Confucius say, why cry over spilled eggs, when you can laugh all the way to the bank!

Photos from Tim Paynter private collection.

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Sunday, November 14, 2010

Belmont University Says No Fags, Bridge Builders NOT

This article originally published as "No Fags At Belmont University" by Tim Paynter on Technorati

As high schools across the nation pass the message, “It gets better” to gay teens, an institution of higher education is passing the message, “No fags here”. Belmont University in Nashville, Tennessee, does not think that sort of thing should be openly supported in a student group. But they will let students talk about homosexuality.

Robbie Maris, an undergrad with the University, says talk is cheap. He is unhappy his proposal for a new gay student group to be called “Belmont Bridge Builders” was not approved.

Robbie Maris

Robbie is not alone in wanting a support group. If the prophets at Christian values Belmont University think suicide is limited to high schoolers, they have some tough lessons coming. Well known is the tragic story of Tyler Clementi who jumped from a bridge when roommates allegedly video streamed Clementi having sex with another male student.  Clementi might have benefited from a college coming out group.

Belmont’s reaction to the Maris proposal was, no gay groups here, but “Beginning last spring, a university sponsored discussion group on these issues has convened twice monthly and expects to continue for the duration of this academic year.”


In other words, Belmont is willing to have those who are brave enough to come out of the closet meet with those who would like to keep them in the closet for a stacked deck “discussion” about being gay and being Christian. What is wholly lacking is an understanding by school administrators of the need gay college students have for peer support. You don’t get that through a discussion group comprised of straight boys who don’t have a clue what it means to be a gay man discussing gay issues with young people who do.  But then, open minds are not often sought on Christian campuses.

On Belmont's web page, one of the students is quoted as saying:

"At Belmont, the professors knew me by name, cared about me, and helped me pursue my passion."  Perhaps true for University administrators, unless you are gay.

bridge builders photo

Belmont’s lesson is, if you are gay and want to be accepted on your college campus, choose a college which supports your sexual orientation. Keep your faith separate. There is a translation for this lesson: Queers stay in the closet, as conservative Christian students might not have the fortitude in faith to handle such open displays of blasphemous sexuality.

The beating and rape of four Latinos in the Bronx is well published.  We must pass the message beating up on gays, mentally or physically, won’t fly?

The "It Gets Better Project" as GLBT members to take a pledge:

"THE PLEDGE: Everyone deserves to be respected for who they are. I pledge to spread this message to my friends, family and neighbors. I'll speak up against hate and intolerance whenever I see it, at school and at work. I'll provide hope for lesbian, gay, bi, trans and other bullied teens by letting them know that 'It Gets Better.'"

bridge builders

Our hearts go out to Robbie who has an uphill battle educating University administrators who one day may have the suicide of a gay teen on their hands for their stalwart refusal to provide assistance to gay Christians in pain. It gets better, Robby. It will get better in most Christian schools one day, but only after civil rights pioneers like yourself pave the way with a lot of heart ache at the hands of the completely ignorant.

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