O.J. Makes Request for Bail
By The Associated Press
LAS VEGAS (AP) — O.J. Simpson is promising not to disappear or endanger the community if he’s freed from prison pending his appeal in an armed hotel room heist, his lawyers told the Nevada Supreme Court.
“Simpson recognizes that he has a heavy burden in demonstrating that his release will pose no danger to the community and that he is not a flight risk,” attorneys Yale Galanter and Malcolm LaVergne said in a follow-up document filed Monday with the state’s only appellate court. “Simpson will strictly adhere to whatever conditions this court sets for bond.”
A three-member panel of Nevada Supreme Court justices plans oral arguments Aug. 3 in Las Vegas on Simpson’s request to post unspecified bond while the seven-member court considers his appeal.
This week’s filing followed an initial appeal for bail filed May 28.
The new papers include an affidavit from one of the two memorabilia dealers robbed in the September 2007 encounter, renewing his allegation that Clark County District Attorney David Roger wouldn’t let him drop the charges against Simpson.
“I wanted all of the charges against O.J. Simpson dropped,” Alfred Beardsley said in the document. “After I testified, the Clark County district attorney’s office fabricated the idea that the reason I was a reluctant witness was because Mr. Simpson had intimidated, threatened or promised me something of value.”
The two-page affidavit also referred to Beardsley’s denial before a judge in Santa Monica, Calif., that he received Simpson’s NFL Hall of Fame ring to change his story in the Las Vegas case.
“Mr. Simpson has never promised me anything for me to testify the way I did,” Beardsley said.
Simpson, 61, is serving nine to 33 years for kidnapping and assault with a deadly weapon in the gunpoint robbery of Beardsley and memorabilia broker Bruce Fromong in a Las Vegas hotel room in 2007.
A lawyer for Simpson’s convicted co-defendant, Clarence “C.J.” Stewart, said Stewart also plans to file follow-up bail request documents before a separate Aug. 3 hearing by the state Supreme Court panel.
Roger has filed documents asking the state high court to keep Simpson locked up, citing the length of his sentence and Simpson’s admission in 2008 that he violated a court order by trying to contact a co-defendant before trial.
Simpson’s lawyers say Clark County District Court Judge Jackie Glass never made a specific finding that Simpson was a flight risk or a danger to the public.
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Bury the Never Ending Myth of Jackson as Child Molester
July 13, 2009 by comrex
Filed under Guest Opinion, Hip Hop/R&B, US
By Earl Ofari Hutchinson
Websites, blogs and chatrooms pulsed with garish cracks about it. Legions of commentators and news reporters snuck it in every chance they got. More than a few of Michael Jackson’s fervent admirers and supporters made a dismissive reference to it. Even President Barack Obama in a cautious acknowledgement of Jackson’s towering contributions to American music and artistry still made reference to the “tragedy” in Jackson’s life which was a subtle nod to it. And New York Congressman Pete King skipped the niceties and flatly said it.
The “it” is the never ending myth of Jackson the child molester. It still hangs as a damning indictment that feeds the gossip mills and gives an arsenal of ammunition to Jackson detractors. This is not a small point. In the coming weeks, there will be a push to bestow official commemorative monuments, honors on and a national stamp for Jackson. The taint of scandal could doom these efforts to permanently memorialize Jackson.
The child molester myth doesn’t rest on Jackson’s trial and clean acquittal on multiple child abuse charges in a Santa Maria courthouse in June 2005. Only the most rabid Jackson loathers still finger point to that to taint Jackson. The myth of Jackson as child abuser rests squarely on the charge by a 13 year old boy a decade before the trial and the multi-million dollar settlement out of court. The settlement, then and now, feeds the suspicion that Jackson must have done something unsavory and probably criminal, or else why settle?
16 years later, though, the facts remain unchanged. The charge that Jackson molested the boy was brought by the boy’s father. In interviews the boy repeatedly denied the charges. This changed only after he was administered sodium amytal, an invasive, mind altering drug that medical experts have frowned on and courts have disregarded in witness testimony. Prosecutors, police departments and investigators in Los Angeles and Santa Barbara spent millions of dollars, convened two grand juries and probed nearly 200 witnesses that included 30 children, who knew Jackson to try to substantiate the charge. Not a single corroborating witness was found. Nonetheless, a motley group of disgruntled Jackson’s former housekeepers, attendants and bodyguards still peddled the story to any media outlet willing to shell out the cash that Jackson had engaged in child sexual wrongdoing. Not one of the charges was confirmed. Typical was this exchange between one of Jackson’s attorneys and one of the accusing bodyguards under oath:
“So you don’t know anything about Mr. Jackson and [the boy], do you?”
“All I know is from the sworn documents that other people have sworn to.”
“But other than what someone else may have said, you have no firsthand knowledge about Mr. Jackson and [the boy], do you?”
“That’s correct.”
“Have you spoken to a child who has ever told you that Mr. Jackson did anything improper with the child?”
“No.”
“Where did you get your impressions about Jackson’s behavior?”
“Just what I’ve been hearing in the media and what I’ve experienced with my own eyes.”
“Okay. That’s the point. You experienced nothing with your own eyes, did you?”
“That’s right, nothing.”
When asked at the time about the charges against Jackson, child behavior experts and psychiatrists nearly all agreed that he did not fit the profile of a pedophile. They agreed that the disorder is progressive and there are generally not one but a trail of victims.
The myth of Jackson as child molester never hinged on evidence or testimony to substantiate it, but solely on the settlement. Why then did Jackson agree to it?
No charge stirs more disgust, revulsion, and pricks more emotional hot buttons than the charge of child molestation. The accusation stamps the Scarlet letter of doubt, suspicion, shame and guilt on the accused. The accused can never fully expunge it. There is simply no defense against it. Under the hyper intense media glare and spotlight that Jackson remained under, the allegation no mater how bogus would have been endless fodder for the public gossip mill. This would have wreaked irreparable damage on Jackson’s ever shifting musical career and personal life.
A trial in Los Angeles in the racially charged backdrop of the Rodney King beating, the L.A. riots, and pulsating racial tensions in the mid-1990s would have been risky business. A trial in staid, upscale, and majority white, Santa Barbara County would have been even more risky.
Jackson and his attorneys knew that when it came to the charge of child molestation the presumption of innocence, or even actual innocence, is tossed out the window. Though Jackson did nothing wrong, a trial would have left him, his reputation and his career in shambles. The settlement was the only pragmatic, logical and legal way to end the sordid issue.
The settlement under extreme duress must not sully his name and place as an honored American icon. The myth of Jackson as child molester must finally be buried.
Earl Ofari Hutchinson is an author and political analyst. His weekly radio show, “The Hutchinson Report” can be heard on weekly in Los Angeles on KTYM Radio 1460 AM and nationally on blogtalkradio.com.
McNair mourned as ‘hero’ at Funeral
HATTIESBURG, Miss. | Titans quarterback Vince Young didn’t expect to speak Saturday during his mentor’s funeral. He wound up summing up the emotional day with just a few words.
“Steve was like a hero to me, and heroes are not supposed to die,” Young said before stopping to rub his eyes as he talked about Steve McNair, his predecessor with the Titans.
McNair was shot and killed on July 4 by his girlfriend, 20-year-old Sahel Kazemi, who then shot herself in the head.
Nearly 5,000 turned out to say goodbye to the 36-year-old during one of the biggest funerals in the recent history of Mississippi, McNair’s home state. Fans and old friends filed into the Reed Green Coliseum on the campus of the University of Southern Mississippi, and McNair’s family rented buses to bring in people from his hometown of Mount Olive.
The high school football team McNair’s son plays on wore their jerseys in honor of the man they often saw smiling from the sideline.
“Mississippi has lost a tremendous legend,” said Cardell Jones, McNair’s college coach at Alcorn State.
The hearse carrying McNair’s casket was escorted 30 miles down Highway 49 by nine police officers on motorcycles and several vehicles carried family members. After the two-hour service, the procession headed back down the road for a private burial at Griffith Cemetery, about 20 miles from Mount Olive.
Police escorted McNair’s wife, Mechelle, and his mother, Lucille, into the stadium beforehand. Near the end, a handful of people surrounded his mother and his sons, waving them with fans and programs and giving hugs.
Brett Favre, who had a home near McNair’s in Hattiesburg, sat a few rows behind the McNair family but did not speak. Titans coach Jeff Fisher, Baltimore linebacker Ray Lewis and Chicago quarterback Jay Cutler attended. Doug Williams, the first black quarterback to win the Super Bowl, also was on hand.
Young was added to the service late, and the quarterback drafted in 2006 to replace McNair remembered him as a father and mentor. Young said he felt selfish at times taking McNair away from his four sons to help him through his own life.
He then pointed at the Oak Grove High football team sitting in the stands and told them not to give up if they have someone who inspires them.
“Pay attention to that guy because every day you know I had to hear that guy’s voice,” Young said.
Lewis played against McNair and was his teammate the final two years of the quarterback’s NFL career. Lewis said he learned studying film and proper technique wouldn’t help him beat a quarterback fueled by will, heart and sacrifice.
“I find myself in awe when I speak about a man like Steve McNair,” Lewis said.
Bobby Hamilton, who played at Southern Miss and in the NFL with New England and Oakland, used to sleep on the floor of McNair’s oldest brother, Fred, when he played at Alcorn State. He also cheered on McNair during his career and recalled how McNair rallied Alcorn State once by scoring two touchdowns with less than a minute left.
“It’s very painful. We know he was a warrior. … I can’t even say the word how this warrior went down,” Hamilton said.
The program included memories from McNair’s mother, his wife and sons, brothers, and nieces and nephews. Photos were also displayed of the quarterback who played 13 NFL seasons with Tennessee and Baltimore before retiring in 2008.
Coach Nevil Barr brought the jersey-clad Oak Grove team to the service.
“He was on our sideline every Friday night supporting his son,” Barr said. “He loved to come watch Steve Jr., and we loved having him there.
“He always had that smile.”
GOP weapon against health reform
In political combat, there are few more potent weapons than a single word or a catchy phrase that can be used to target a proposal and drive it into the ground.
For Republicans, “rationing” could be that poison-tipped arrow for the Democratic-led health care bill, much as “amnesty” was the club with which conservatives beat President Bush’s attempt at immigration reform into a bloody pulp in 2007.
“Governments ration care to control costs, and we’ve got stories from other countries where disabled children wait up to two years for wheelchairs. We’ve got a story that we found: a 76-year-old retiree pulled out their own teeth,” said Rep. Dave Camp, Michigan Republican and the ranking member on the House Ways and Means Committee.
“Government rationing is a scary proposition,” he said.
Sen. John Cornyn of Texas, chairman of the National Republican Senatorial Committee, echoed this point during a conference call Wednesday, warning that the government could get into the business of rationing health care, deciding how much Americans can get or can spend on it and denying people health care that exceeds some rationed amount.
“The rationing problem is very real in all this and I think that as the American people learn more and more about the proposals as we are now being allowed more time for them to engage on this issue, they are very, very much concerned,” he said.
But Democrats say the insurance companies are already rationing care and that the reforms they want would cover all those who are being denied coverage under the current system, as well as keep down costs through an intensive focus on which medical procedures and products deliver care most effectively.
Republicans say that under a government-run system, which they argue will result from the proposed option to buy insurance from the government, cost will come to be the dominant factor that defines “efficient care,” and thus Americans will be denied care with no recourse.
House Democrats plan to introduce their health care overhaul measure Monday and consider amendments later in the week. On Sunday’s talk shows, there was disagreement on whether Congress will finish work on the bill before adjourning for the August recess.
Sen. Judd Gregg, New Hampshire Republican, said on CNN that meeting the deadline was “highly unlikely” because the Senate Finance Committee had not completed a draft. Sen. Jon Kyl of Arizona, the Senate Republican whip, said flatly there was “no chance.”
Sotomayor vows ‘fidelity to the law’
Supreme Court nominee Sonia Sotomayor responded to her critics publicly for the first time Monday, saying her judicial philosophy is “fidelity to the law” and saying her “career as an advocated ended” when she became a judge in 1992.
From her nomination by President Barack Obama in late May through today’s hearing, the task of defending Judge Sotomayor has largely fallen on Democratic senators and the White House.
The Capitol Hill hearing was interrupted several times by protesters, including a man who shouted shortly before the proceedings began: “What about the rights of the unborn?” About an hour later, U.S. Capitol Police removed a second protester, a younger man with his hair in a ponytail who shouted: “Abortion is murder, abortion is murder, abortion is murder.”
The proceedings were interrupted two more times after the lunch recess. “You’re wrong Sotomayor, you’re wrong about abortion,” a protester said before exiting the Hart Senate Office Building room. A fourth protester shouted an indiscernible phrase shortly before Judge Sotomayor testified.
Judge Sotomayor’s testimony before the Senate Judiciary Committee Monday afternoon marked the first time she directly responded to critiques that she let gender and ethnicity influence her decisions.
“In the past month, many Senators have asked me about my judicial philosophy. It is simple: fidelity to the law,” Judge Sotomayor said. “The task of a judge is not to make the law — it is to apply the law. And it is clear, I believe, that my record in two courts reflects my rigorous commitment to interpreting the Constitution according to its terms; interpreting statutes according to their terms and Congresss intent; and hewing faithfully to precedents established by the Supreme Court and my Circuit Court.”
• Text of Sotomayor’s opening statement
The testimony marks the first time Judge Sotomayor has publicly addressed her critics since being nominated to the court by Mr. Obama. For the last month much of the debate has been limited to Judge Sotomayor’s speeches and bits of privae conversations senators talked about.
Republican senators, who are outnumbered 7-12 on the committee, focused much of their opening statements on Judge Sotomayor’s remarks that a “wise Latina woman” would make better judgments than a “white male” saying they could not vote for a nominee who could not be impartial on the bench.
“If I had said anything remotely like that, my career would have been over. That’s true of most people here. And you need to understand that, and I look forward to talking with you about that comment,” Sen. Lindsey Graham, South Carolina Republican, told Judge Sotomayor.
Still, Mr. Graham said he was resigned to the political reality of the Democrat caucus controlling 60 of the Senate’s 100 seats.
“Unless you have a complete meltdown, you’re going to be confirmed,” he said.
Democrat and Republican lawmakers largely staked out the same positions on Judge Sotomayor they had developed in the month and a half since her nominations as the confirmation hearing continued Monday afternoon.
Judge Sotomayor also responded to critics who said her work for the Puerto Rican Legal Defense and Education Fund revealed her prejudices.
“My career as an advocate ended — and my career as a judge began — when I was appointed by President George H.W. Bush to the United States District Court for the Southern District of New York,” she said.
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Bill Clinton inducted by black fraternity Phi Beta Sigma
A historically black fraternity founded at Howard University has voted to induct former President Bill Clinton as an honorary member.
Phi Beta Sigma President Paul Griffin Jr. said Friday that Mr. Clinton is the first U.S. president to be inducted into a historically black fraternity.
The fraternity voted Tuesday for Mr. Clinton’s induction at its 95th Anniversary Conclave in New Orleans.
Stevie Wonder, Al Roker, the Rev. Al Sharpton and jazz musician Ramsey Lewis are also honorary members of Phi Beta Sigma.
The fraternity was founded in 1914.
Demjanjuk charged over WWII killings
MUNICH (AP) — German prosecutors formally charged John Demjanjuk on Monday with 27,900 counts of being an accessory to murder at a Nazi death camp during World War II.
The charges against the 89-year-old retired auto worker, who was deported from the U.S. in May, were filed at a Munich state court, prosecutors in the city said in a brief statement.
Doctors cleared the way for formal charges earlier this month, determining that Demjanjuk (dem-YAHN’-yuk) was fit to stand trial so long as court hearings do not exceed two 90-minute sessions per day.
The court must now decide whether to accept the charges — usually a formality — and set a date for the trial. Court spokeswoman Margarete Noetzel said the trial was unlikely to start before the autumn.
Demjanjuk lawyer Guenther Maull had no immediate comment on the charges, saying he had not yet seen them.
Charges of accessory to murder carry a maximum sentence of 15 years in prison in Germany.
Prosecutors accuse Demjanjuk of serving as a guard at the Sobibor camp in Nazi-occupied Poland in 1943.
Demjanjuk, a native of Ukraine, says he was a Red Army soldier who spent the war as a prisoner of war and never hurt anyone.
But Nazi-era documents obtained by U.S. justice authorities and shared with German prosecutors include a photo ID identifying Demjanjuk as a guard at the Sobibor death camp and saying he was trained at an SS facility for Nazi guards at Trawniki, also in Nazi-occupied Poland. U.S. and German experts have declared the ID genuine.
Demjanjuk gained U.S. citizenship in 1958. The U.S. Justice Department moved to revoke the citizenship in 1977, alleging he hid his past as a Nazi death camp guard, and it was revoked in 1981.
Demjanjuk was tried in Israel over accusations that he was the notorious “Ivan the Terrible” at the Treblinka death camp in Poland. He was found guilty in 1988 of war crimes and crimes against humanity but the conviction was overturned by the Israeli Supreme Court.
That decision came after Israel won access to Soviet archives, which had depositions given after the war by 37 Treblinka guards and forced laborers who said “Ivan” was a different Ukrainian named Ivan Marchenko.
Demjanjuk’s U.S. citizenship was restored in 1998. However, a U.S. judge revoked it again in 2002 based on fresh Justice Department evidence showing he concealed his service at Sobibor and other Nazi-run death and forced-labor camps from immigration officials.
A U.S. immigration judge ruled in 2005 he could be deported to Germany, Poland or Ukraine. Munich prosecutors issued an arrest warrant for him in March.
They accused him in that warrant of being an accessory to murder in 29,000 cases. However, that number was reduced in the charges because, of the people transported to Sobibor, “many did not survive the journey,” said Anton Winkler, a spokesman for Munich prosecutors.
Efraim Zuroff, the top Nazi-hunter at the Simon Wiesenthal Center, welcomed the filing of formal charges.
“This is obviously an important step forward,” Zuroff said by telephone from Jerusalem. “We hope that the trial itself will be expedited so that justice will be achieved and he can be given the appropriate punishment.”
“The effort to bring Demjanjuk to justice sends a very powerful message that the passage of time in no way diminishes the guilt of the perpetrator,” Zuroff said.
Obama vows to keep health care promises
President Obama said Monday he stands by his pledge not to raise taxes on families making $250,000 or less and lashed out at “Washington thinking” and negative chatter questioning the fate of his health care plan while he was traveling abroad.
“During the campaign, I promised health care reform that would control costs, expand coverage and ensure choice, and I promised that Americans making $250,000 a year or less would not pay more in taxes. These are promises that we’re keeping as reform moves forward,” Mr. Obama said in the Rose Garden ceremony before naming Alabama family physician Dr. Regina Benjamin as his choice for surgeon general.
The White House had been dodging questions on whether Mr. Obama would be able to keep the $250,000 tax pledge from the campaign trail and still pay for the sweeping, expensive health care plan he’s seeking.
The remarks came as Democratic lawmakers were to reveal a new plan to pay for health care — taxing those earning more than $350,000 per year by an additional 1 percent and imposing a higher rate on people earning $500,000 to $1 million.
Mr. Obama challenged those in Washington he said are “scared” to change the health care status quo: “You know, the muscles in this town to bring about big changes are a little atrophied, but we’re whipping folks back into shape.”
Thumping his finger hard on the podium for emphasis, Mr. Obama warned “naysayers” who oppose his health care plan: “Don’t bet against us.” He also said the country is “closer than we have ever been” on passing health reform, even as House and Senate leaders have said they won’t meet his August deadline for drafting bills that could be ready for vote shortly after the August recess.
“So I just want to put everybody on notice, because there was a lot of chatter during the week that I was gone. We are going to get this done. Inaction is not an option,” he said.
The message was the same he’s been pushing all summer, but Mr. Obama struck a stern tone that has been mostly absent since he took office.
“If we step back from this challenge right now, we will leave our children a legacy of debt, a future of crushing costs that bankrupt our families, our businesses and, because we will have done nothing to bring down the costs of Medicare and Medicaid, will crush our government,” he said.
Big 3’s heaviest debt load now falls on Ford Motor Company
GM ready for market rivalry
Ford Motor Co. has benefited for months from the woes of its bailed-out Detroit brother General Motors Corp., but GM’s emergence from bankruptcy – freed from its heaviest debts – now puts debt-laden Ford at a disadvantage.
GM used the bankruptcy process and its federal bailout to shed more than $40 billion of past debts and other obligations, and now can operate more nimbly and profitably in the most competitive auto sales market in a generation.
But Ford still faces the steep cost of servicing its $32 billion of debt – nearly twice as much as GM’s and three times as much as Chrysler Group LLC’s – since GM and Chrysler emerged from bankruptcy. Moreover, Ford was not able to use bankruptcy to shed other burdens, such as a bloated dealer network and idle manufacturing plants, as its rivals did.
The companies now must compete in a market that has shrunk by more than a third from sales levels that prevailed a year ago. But GM estimates that it can now make a profit with annual U.S. auto sales of about 10 million, down from 16 million in 2007, while Ford would need to have higher sales on average to foot its higher debt costs and make a profit.
“Ford got bupkis for its financial virtue” by going deeply into debt to avoid a government bailout, said Antony Currie, an analyst at Breakingviews.com. Ford’s strategy helped it for a while to gain market share over its rivals, attracting buyers who are repelled by the government’s involvement with the other Detroit automakers.
But in the post-bankruptcy world, Ford now is saddled with obligations GM and Chrysler no longer have to bear, he said.
Liz Cheney open to political run
The daughter of former Vice President Dick Cheney said Monday that running for political office is on her horizon.
“It’s something I very well may do,” said Elizabeth “Liz” Cheney, a lawyer and State Department appointee who has worked on two Republican presidential campaigns.
Ms. Cheney, 44, has emerged as one of the strongest defenders of the effectiveness and legality of Bush-Cheney policies on enhanced interrogation methods. More recently, she and her father have become two of the most outspoken critics of President Obama’s position on terrorism and other national security issues, which has led Republicans to consider her a strong candidate for national political office.
Ms. Cheney told The Washington Times’ “America’s Morning News” that recent new reports that her father ordered the CIA to hide information from Congress and that a government probe could follow appears like political cover for House Speaker Nancy Pelosi and other Democrats who have accused agency Director Leon Panetta of lying.
“It gets more and more appalling every day,” she said. “I think they’re very worried about Speaker Pelosi.”