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

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Saturday, July 17, 2010

Immigration activists raise hell and put a prop under it SB 1070, Arizona July 29th 2010

Call to Action against SB 1070

Puente Arizona – Alto Arizona

Activists ready to raise hell and put a prop under it

in a peaceful way, of course!

 

July 29th 2010 Don’t Work! Don’t buy! Don’t comply!

ACTIONS!

If individuals or groups are planning Non-violent civil disobedience or direct action against the racist laws targeting migrant communities in Arizona, here are suggestions on how to best direct your energy.

Suggested Areas include:

* ICE Headquarters

* Wells Fargo building/Joe Arpaio's office

* Detention Centers

* Jails

* Arizona State Capitol

* Areas related to Russell Pearce, Joe Arpaio and Jan Brewer

* Boycott Targets: o Diamondbacks o Fiesta Bowl

'* School Districts who have not publically stated that they will not comply

* Police Jurisdictions who have not publically stated that they will not comply

* Cities and towns who have not publically stated that they will not comply In recognition of the past and on going organizing and resistance happening in Arizona we ask that groups or individuals coming to please respect the following guidelines.

Guidelines:

* Participants will not inflict harm/injury to persons

* Participants will not inflict harm/damage to property

* We encourage people to think about how their actions can communicate to a broad audience and invite people to learn more about what is going on

* We encourage people to use creative and positive tactics

* Participants will not carry drugs/weapons

* Participants to not carry ID on July 29th and moving forward.

* Participants will come as self-organized action teams and affinity groups

Sheriff “Little Joe” Arpaio, a bully with a badge, has let the community know he plans to be out in force on the 29th!  It is his day to take advantage of the laws which treats undocumented people and anyone who looks like them unfairly!

Apply to Alto Arizona to help with legal observing or to participate in civil disobedience or an action of protest.

Arizona SB 1070 is the most vicious anti-immigrant law passed in U.S. history.  It requires detention of any person suspected of being an undocumented while giving citizen groups standing to sue for failure to enforce.  Meanwhile, a person driving his friend to church could be charged with transporting and employers are subject to severe penalties for hiring undocumented workers.

Free Arizona Map

Let the state of Arizona pay for it!

Friday, July 2, 2010

Colorado pulls the rug out from under MMJ Medical marijuana

The State of Colorado pulled a fast one when they passed their new legislation on Medical Marijuana.  If you were in business before Colorado House Bill 1284 went into effect, that is about 42 minutes ago, you might not be for long!

Just after growers invested life savings to become farmers, Colorado put the kibosh on their business and their dreams.

“Some of the provisions of the Colorado law will put people out of business” said Geno Rodriguez, a broker and expert on the MMJ business.  According to Rodriguez, if you are late paying your sales tax you could be out of business soon!  That is because late payers no longer qualify for a license.  Once you lose it you will have a hard time getting one again.

A second major change, according to Rodriguez, who works for MMJ Business Solutions, is the grow requirement.  Surprisingly, many businesses licensed as retail dispensaries have little interest in the fine art of cannabis farming.  They left that to professional growers who were also licensed.  Under the new Colorado laws, growers are a thing of the past.  Dispensaries must grow the majority of the product they sell.  That has left growers and dispensaries frantically partnering into business relationships which might otherwise have been better thought out.

By the way, I didn’t want to point out to Mr. Rodriguez the initials of MMJ Business Solutions is MMJ BS!  This guy knows more about Colorado state MMJ laws than most attorneys!

One thing is for sure.  While the feds have agreed to back off of the MMJ issue for now, that only applies to the guys who follow the rules.  The rules just got a lot tougher.  Those who violate the laws may find themselves in hot water next to bend-em-over Bill in the state pen!  MMJ is high risk if you do it right.  If not, well that is where a good attorney or consultant comes in hand!

The future of the MMJ business is likely well cemented in Colorado, no matter who is left standing today.  Colorado has imposed large tax and application fees on MMJ businesses.  Once the cash starved government gets it’s hands into the money pit they are not likely to toss it back easily.

Those who have a legitimate reason to use medical marijuana can register and get your walking papers at the Colorado Department of Health!  The word legitimate applies, the state cracked down hard on doctors who were giving out licenses like candy.  Someone always rains on a good parade, but we are sure the docs who were doing this irresponsibly will find another racket, unlike growers who are out of luck if they have not found a good dispensary!

Friday, June 18, 2010

Response to civil disobedience not always civil – Pastor tazed, beaten at immigration checkpoint

On July 15th, 2010, there was a symbolic act of civil disobedience at the foot of the Federal Court House in Denver, Colorado.  Fourteen activist were arrested when they refused a lawful order to leave the street.  Denver Police, having been alerted to the event, were fully prepared and with cameras pointed in their direction, very gentle.

Those who take the drastic step of civil disobedience understand the response by law enforcement may not always be civil.  The idea behind civil disobedience is to passively refuse to obey “lawful orders” by authorities.  It generally results in a peaceful arrest and a royal pain in the tail for the authorities.  But not always. 

Pastor Steven Anderson was passing through an immigration checkpoint between San Diego and Phoenix on April 14th, 2009.  Pastor Anderson passes through these checkpoints on a regular basis.  Each time he challenges the border patrol agents as to their right to inspect him 100 miles away from the border, their right to detain him for secondary inspection, and their right to search his vehicle without a warrant.  In previous trips, Pastor Anderson has buffaloed the sometimes baffooning officers.  His luck ran out on a fateful Tuesday night.



This time an officer from the Arizona Highway Patrol was called.  He demanded Pastor Anderson exit his vehicle.  He indicated the Pastor was under arrest for failure to follow a lawful order, essentially an act of civil disobedience.  When Pastor Anderson refused, the front passenger side and driver’s side  windows were broken.  Pastor Anderson was tazed for 13 seconds.  Meanwhile, one of the officers jammed the helpless man’s head into the broken glass cutting his face.
 

 

A judge wisely dismissed Pastor Anderson’s case rather than let a bull-dog D.A. try to spin the yarn of active resistance on the part of Anderson.  The truth usually comes out in these matters and the longer a case like this one drags on, the more the ugly truth gets told.

 

We are in a bitter battle for comprehensive immigration reform.  The battle has claimed many lives.  Pastor Anderson is lucky he did not pay the ultimate price.  While most of us would like to frame this as an immigration right’s battle, it has many faces.  There is the gay rights angle to it, as the GLBT community has suffered much like the immigrant community.  In addition, gays still suffer discrimination when they try to immigrate to the U.S. 

 

From my point of view, this is a battle that transcends both immigrant’s rights and the rights of GLBT people.  This is a fight for basic human rights and human dignity.  While Pastor Anderson does not make a case for immigration reform.  Rather, he makes a case for the conscience of the Amercian people, to say, “papers please” does not work in this country. 

 

A judge wisely dismissed Pastor Anderson’s case rather than let a bull-dog D.A. try to spin the yarn of active resistance on the part of Anderson.  The truth usually comes out in these matters and the longer a case like this one drags on, the more the ugly truth gets told.

 

We are in a bitter battle for comprehensive immigration reform.  The battle has claimed many lives.  Pastor Anderson is lucky he did not pay the ultimate price.  While most of us would like to frame this as an immigration right’s battle, it has many faces.  There is the gay rights angle to it, as the GLBT community has suffered much like the immigrant community.  In addition, gays still suffer discrimination when they try to immigrate to the U.S. 

 

From my point of view, this is a battle that transcends both immigrant’s rights and the rights of GLBT people.  This is a fight for basic human rights and human dignity.  While Pastor Anderson does not make a case for immigration reform.  Rather, he makes a case for the conscience of the Amercian people, to say, “papers please” does not work in this country. 




A judge wisely dismissed Pastor Anderson’s case rather than let a bull-dog D.A. try to spin the yarn of active resistance on the part of Anderson.  The truth usually comes out in these matters and the longer a case like this one drags on, the more the ugly truth gets told.

We are in a bitter battle for comprehensive immigration reform.  The battle has claimed many lives.  Pastor Anderson is lucky he did not pay the ultimate price.  While most of us would like to frame this as an immigration right’s battle, it has many faces.  There is the gay rights angle to it, as the GLBT community has suffered much like the immigrant community.  In addition, gays still suffer discrimination when they try to immigrate to the U.S. 

From my point of view, this is a battle that transcends both immigrant’s rights and the rights of GLBT people.  This is a fight for basic human rights and human dignity.  While Pastor Anderson does not make a case for immigration reform.  Rather, he makes a case for the conscience of the Amercian people, to say, “papers please” does not work in this country. 



A judge wisely dismissed Pastor Anderson’s case rather than let a bull-dog D.A. try to spin the yarn of active resistance on the part of Anderson.  The truth usually comes out in these matters and the longer a case like this one drags on, the more the ugly truth gets told.

We are in a bitter battle for comprehensive immigration reform.  The battle has claimed many lives.  Pastor Anderson is lucky he did not pay the ultimate price.  While most of us would like to frame this as an immigration right’s battle, it has many faces.  There is the gay rights angle to it, as the GLBT community has suffered much like the immigrant community.  In addition, gays still suffer discrimination when they try to immigrate to the U.S. 

From my point of view, this is a battle that transcends both immigrant’s rights and the rights of GLBT people.  This is a fight for basic human rights and human dignity.  While Pastor Anderson does not make a case for immigration reform.  Rather, he makes a case for the conscience of the Amercian people, to say, “papers please” does not work in this country. 



A judge wisely dismissed Pastor Anderson’s case rather than let a bull-dog D.A. try to spin the yarn of active resistance on the part of Anderson.  The truth usually comes out in these matters and the longer a case like this one drags on, the more the ugly truth gets told.

We are in a bitter battle for comprehensive immigration reform.  The battle has claimed many lives.  Pastor Anderson is lucky he did not pay the ultimate price.  While most of us would like to frame this as an immigration right’s battle, it has many faces.  There is the gay rights angle to it, as the GLBT community has suffered much like the immigrant community.  In addition, gays still suffer discrimination when they try to immigrate to the U.S. 

From my point of view, this is a battle that transcends both immigrant’s rights and the rights of GLBT people.  This is a fight for basic human rights and human dignity.  While Pastor Anderson does not make a case for immigration reform.  Rather, he makes a case for the conscience of the Amercian people, to say, “papers please” does not work in this country. 


Thursday, June 17, 2010

Car strikes motorcycle in serious South Parker Road accident, Aurora, Colorado.

 

With summer comes the fun.  With fun comes motorcycles.  At least fun for some.

 

 

Unfortunately, for two motorists, last night was a tough one.  Apparently, a motorcycle was headed North bound on Parker Road when it was hit by a passenger car near Illiff Avenue, in Aurora, Colorado.  We have video of the crash scene.

 

We urge you to remember, when it comes to cars and motorcycles, the cars win just about every time.  The losers are the bike rider and the car driver.  If the biker makes it through he will likely suffer serious injury.  No matter his fate, the driver of the vehicle may have a nightmare to deal with for the rest of his or her life!

 

If you want some help with defensive driving, or you have a young one who throws caution to the wind in an infallible belief what happens bad to others will never happen to him, there is the National Traffic Safety Institute.  Better to call them before the court requires defensive driving classes rather than after!

 

According to the Motorcycle Safety Foundation, over half of motor vehicle fatalities involve motorcycle-car crashes.  Most of the time, says the Foundation, the fault likes with the vehicle driver.

 

Forget the ego, be especially careful, some of these bike guys steal the road, others are in the wrong place at the wrong time.  Whatever the cause, a collision is the start of a nightmare for rider and driver and their families!

 

We do not know whether there was a fatality in this case.  The Aurora Police closed Northbound Parker Road.  I spoke to the party who had hit the biker and she was very shaken up.  He few words were, “I hope he is o.k.” pointing to the debris field.

 

 

Drive safely this summer!  And stay around awhile!

 

Tim

 

Friday, June 11, 2010

69 drug traffickers arrested, time out for undocumented workers

FBI busts drug
dealers instead of
poor people

If the American people support comprehensive immigration reform ( CIR ) our border patrol can concentrate on catching drug dealers and terrorist instead of chasing poor people through the desert and shooting 14 year old boys.

The FBI announced the arrest of 69 people on Drug Trafficking and Money Laundering Charges.  This has been a “Nationwide Crackdown on Members and Associates of Several Mexican-Based Drug Trafficking Organizations” in “Project Deliverance”.

They got 6,800 pounds of marijuana, over 520 kilograms of cocaine, approximately seven kilograms of methamphetamine and an estimated $2.37 million worth of alleged criminally derived assets.

The credit goes to United States Attorney John E. Murphy; Joseph M. Arabit, Special Agent in Charge of the Drug Enforcement Administration, El Paso Field Division; David Cuthbertson, Special Agent in Charge of the Federal Bureau of Investigation, El Paso Division; Manuel Oyola-Torres, Special Agent in Charge, U.S. Immigration and Customs Enforcement Office of Investigations in El Paso; James Maxwell, Supervisory Special Agent of the Internal Revenue Service-Criminal Investigation in El Paso; Ana Hinojosa, U.S. Customs and Border Protection Director of Field Operations; Randy Hill, U.S. Border Patrol El Paso Sector Chief; Robert Champion, Special Agent in Charge of the Bureau of Alcohol, Tobacco Firearms and Explosives, Dallas Field Division; El Paso Police Chief Greg Allen and El Paso County Sheriff Richard Wiles.  That is a lot of manpower that was not looking for the average poor guy and focused on the drug lords instead.

  • The charges include operating a Continuing Criminal Enterprise (CCE), conspiracy to import controlled substances (marijuana, cocaine, heroin and/or methamphetamine), conspiracy to possess with intent to distribute controlled substances and conspiracy to commit money laundering.

  • The Defendants include Juarez residents Jesus Rodrigo Fierro-Ramirez and Arturo Lozano-Mendez.  From January 2000 until June 2010, this organization was allegedly responsible for the smuggling of more than 150 kilograms of cocaine into the United States and attempting to transport back to Mexico from Chicago, Mississippi and Kansas more than $1.5 million in drug proceeds.

  • Five defendants, including Reyes Lopez and Santiago Perez-Pinion, charged in a related indictment returned in El Paso with drug trafficking offenses. This group allegedly transported cocaine and hundreds of kilograms of marijuana to various cities in the United States. The indictment also seeks the criminal forfeiture of three properties in El Paso which were used to further the drug trafficking conspiracy.

  • Eleven members of a Ciudad Juarez/El Paso-based drug trafficking organization led by Carlos Mario Gomez-Muro (aka Cacho) indicted in El Paso for conspiring to possess with intent to distribute marijuana. The indictment also charges Mexican citizen Veronica Cortez-Cruz, a high-level associate of Gomez. Since March 2009, this organization was allegedly responsible for the smuggling and distribution of hundreds of kilograms of cocaine.

  • Multiple indictments returned in El Paso charging 11 defendants including Victor Vargas-Montes and his drug trafficking/money laundering network based in Ciudad Juarez/El Paso. For two months beginning in July 2007, this organization was allegedly responsible for the smuggling of more than 150 kilograms of cocaine into the United States. From July 2009 to February 2010, this organization was also responsible for the smuggling of more than 2,500 pounds of marijuana. During this time period, authorities also seized more than $800,000 in drug proceeds. The indictment also seeks the criminal forfeiture of two of Vargas-Montes’ homes in El Paso which he used to further his drug trafficking conspiracy.

  • A nine-defendant indictment in El Paso charging Victor Hugo Porras Lara and his drug distribution network based in El Paso. Since April 2009, this organization was allegedly responsible for the distribution of more than 150 kilograms of cocaine and more than 150 kilograms of marijuana from El Paso to Phoenix, Detroit, Atlanta and Wichita, Kansas.

  • A six-defendant indictment in El Paso charging Fernando Garcia-Baeza (aka El Ingeniero) and his drug distribution network based in Ciudad Juarez/El Paso. Since January 2009, this organization was allegedly responsible for the distribution of more than 20 kilograms of cocaine and approximately one pound of methamphetamine from El Paso to North Carolina and New York. The indictment also seeks the criminal forfeiture of $85,150 in drug proceeds.

  • Eleven members of a Ciudad Juarez/El Paso-based drug trafficking organization, including Pedro Antonio Palma-Rios, indicted in El Paso for conspiring to possess with intent to distribute cocaine. Since March 2009, this organization was allegedly responsible for the transportation of hundreds of kilograms of cocaine from El Paso to Kansas City, Memphis and Chicago. Authorities seized 14 kilograms of cocaine in Memphis in April 2009; 108 kilograms of cocaine in El Paso in August 2009; and, 15 kilograms of cocaine in Kansas City in October 2009.

  • A four-defendant indictment returned in El Paso charging Roberto Uribe-Zubiate and his marijuana distribution network based in Ciudad Juarez/El Paso. The indictment also charges Mario Rigoberto Mireles-Zubiate, who allegedly coordinated the transportation of marijuana in the United States. During the course of this investigation, agents seized 2,200 pounds of marijuana from a tractor trailer in Sierra Blanca, Texas.

  • An eight-defendant indictment returned in El Paso charging Arturo Herrera-Moreno and Edilberto Herrera-Moreno and their drug distribution network based in Ciudad Juarez/El Paso. From August 2009 until March 2010, this organization was allegedly responsible for the distribution of large quantities of cocaine from Mexico to Atlanta, New York and Chicago, and returning large amounts of currency to Mexico through El Paso.

  • A nine-defendant indictment charging Raul Santos (aka Candelario or Pariente) and his drug distribution/money laundering network based in Ciudad Juarez. Since January 2005, this organization was allegedly responsible for the distribution of more than 100 kilograms of cocaine and more than 50 kilograms of marijuana from El Paso to Chicago, Illinois and California. Members of the organization also allegedly laundered over $1.8 million in drug proceeds during that same time period.

  • A 16-defendant indictment returned in Midland charging a drug trafficking/money laundering network based out of Ciudad Juarez led by Luis Enrique Loya-Alcaraz (aka Guero) and Jorge Aguilar. The indictment alleges that from January 2006 until May 2010, this organization was allegedly responsible for the smuggling and distribution of more than 150 kilograms of cocaine to North Carolina, Kansas, Missouri, New York, Ohio, Florida and South Carolina. This organization was also responsible for the attempted transportation of more than $3.5 million in drug proceeds back to Mexico.

The FBI wants you to remember an idictment is an allegation.  Until one is judged guilty in a court of law, each person has the right of the presumption of innocence.  Trust me, there will be a fair number of guilty pleas, although we can’t tell which one’s will be judged guilty and which will be judged not guilty.

I doubt these arrests will make any difference to Jan Brewer and her Republican cronies who passed SB 1070 in Arizona.  I don’t think the racial profiling law was passed in good faith.  Hence, good faith efforts on the part of Presidents Obama and Calderon won’t make much difference to the Arizona conservatives.  Fortunately, they are likely out of step with the rest of us!

Technorati Tags: ,,,,, methamphetamine arrests, project deliverance
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Thursday, June 10, 2010

Anastacio Hernandez Rojas murdered, caught on video by medical student, Murder on the border, Captan en video asesinato de inmigrante mexicano

Video of murder of 

Anastacio Hernandez Rojas

Medical student catches death on cell phone 




 I recently wrote in my blog, immigrants2bfree about a Mexican national, Anastacio Hernandez Rojas, a/k/a/ Anastasio Henandez Rojas, who was murdered at the border as the authorities returned him to Mexico. 







Anastacio was attempting to re-enter the U.S. when he was apprehended by the border patrol. The U.S. fast tracked him for deportation since he had been recently deported days before.


Shortly before being returned to Mexico something went terribly wrong. There are two general versions. In the first, Anastacio made a run at the gate between the U.S. and Mexico. Authorities chased him down and went at him.


In the second version, Anastasio was seated on the ground in hand cuffs and was attacked and beaten by law enforcement.


Which ever version suits your fancy, one thing is for sure:   Anastacio was attacked by up to 20 law enforcement officers who beat the holy hell out of him. They tazered him and hit him in the head so hard he lost consciousness.


By the time Anastacio was delivered to the hospital he was pronounced brain dead. The death was rules a homicide by the medical examiner.


The video taken by the medical student is troubling, as not only does it depict a person being murdered, his perpetrators did so under sanction of a badge issued by the United States of America.  It reflects the worst side of law enforcement and is a disgrace to every border patrol agent who risks his life on a daily basis to get it right.


All of this could have been avioded with comprehensive immigration reform.  The US Mexico border is like a war zone because the American people can't find a simple solution to a problem they created years ago by having a loose border and through their unskilled labor needs. 


Call your senator and tell him we need comprehensive immigration reform today!  Then get on your knees, those of you who are with me on this point, let's get on our knees and pray for the lost soul, Anastacio Hernandez Rojas, a/k/a Anastasio Hernandez Rojas, his family including twin 4 year olds and the rest of the 13,000,000 undocumented people searching for a solution to this ugly problem.

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Wednesday, June 9, 2010

25% to 38% Guaranteed! Buy Oil, it ain’t getting any cheaper! Prosper Oil and Gas!

Who knows if that is exactly how Alan Todd May pitched unsuspecting clients with his Prosper Oil and Gas, Inc. a/k/a Prosper Energy, Inc.  What is well alleged, is May took a bunch of people for a free ride and the SEC didn’t take kindly to it!

 

First, the SEC obtained an asset freeze against the company along with a temporary restraining order, civil Action No. 3:10-cv-425-L U.S.D.C./Northern District of Texas (Dallas Division).  The court went along with it so Mays found himself unable to sell more oil and gas deals and likely locked out of his office.

 

According to the SEC, May, who is a convicted felon with a long criminal history of theft and fraud, went at it again.  He conned $6 million smacks out of investors who were rubbing their hands together in contemplation of huge returns on investment.  May placed a series of ads in various publications offering unregistered fractional, undivided royalty interests in oil and gas properties. 

 

The purpose in selling undivided interests was likely to skirt securities laws.  If all the partners were equal partners, it is harder to claim May was the sole management agent.  In order to be a security, an investment must be managed by third parties.

 

The reality is, even undivided interests in partnerships constitutes securities in most cases.  The SEC felt it did in this case.  In fact, they allege profits presumably made and paid out to investors were done so via a ponzi scheme.  There were no huge profits from Prosper and Prosper Oil and Gas Inc.   Those who invested got the old suckeroo!

 

May took off from his wealthy Texas feeding grounds in order to avoid facing the music. United States Marshal Federico Rocha of the Northern District of California announced he got his man.  Rip off artist May had made his way to San Francisco where he met his match, or maybe better said, he met his marshal!

 

The arrest was a result of the efforts of the Dallas Fort Worth Fugitive Apprehension Strike Team, the U.S. Secret Service and the Northern District of California Fugitive Task Force.

 

Just to be sure, nothing is offered for sale.  The headline is to attract reader attention, and illustrate what a scam headline might look like.  Now if you want to send a donation we would very much appreciate that!  But please don’t expect anything more than great reporting in return!