DOMESTIC VIOLENCE LAWS ARE FINALLY CHANGING (2018 ELECTION ISSUE)

DOMESTIC VIOLENCE LAWS ARE FINALLY CHANGING:

MORE WOMEN ARE SPEAKING OUT, SO IS THE MEDIA.

2018 ELECTION ISSUES SHOULD INCLUDE DOMESTIC VIOLENCE.

IT'S NOT ABOUT HATING MEN, IT'S ABOUT NOT BLAMING THE VICTIMS WHEN MEN BEAT WOMEN.

WOMEN WHO TRY TO DEFEND THEMSELVES AGAINST ABUSERS SHOULD NOT BE LABELED AS "CRAZY".

"NICE" MEN DON'T BEAT THEIR WIVES.

"NICE" MEN DON'T PUNISH THEIR WIVES FINANCIALLY TO FORCE THEM INTO ADULTERY OR OPEN MARRIAGES.

"NICE" MEN GO TO THERAPY WHEN THEY HAVE AN ANGER PROBLEM.


Sources: WBUR, NY Times


******* Deadlock, Delay Mark Explorations Of Mass. Public Records Law Changes


Lawmakers should continue to study the possibilities of requiring daily arrest logs from the state police and removing or modifying public record exemptions for domestic violence incidents, according to a working group created by a 2016 law.

An overhaul of the state's public records law that Gov. Charlie Baker signed on June 3, 2016 established a pair of panels to study additional measures and gave both deadlines of Dec. 30, 2017. The law also set a ten business day response window for records request responses, required state agencies and municipalities to designate records officers, and limited how much money public entities can charge to fulfill a request, among other measures.

One of the groups the law created — a 14-member commission tasked with examining "the accessibility of information concerning the legislative process" and the constitutionality of extending the public records law to the Legislature, the governor and the Judiciary — has until Dec. 1, 2018 to report findings. Lawmakers last month quietly pushed back the original Dec. 30, 2017 reporting date by adding language to a Cannabis Control Commission spending bill. The co-chairs of the State Administration Committee - Rep. Jennifer Benson of Lunenburg and Sen. Walter Timilty of Milton - are leading that group.

The other group, which filed its final report with the House and Senate clerks on Friday, was charged with exploring the topic of police department records.

"While the group could not reach consensus on proposed legislation, it highlighted areas of concerns in current statutes and recommended further examination of these laws," state supervisor of records Rebecca Murray, who chaired the working group, wrote in a message accompanying the report.

Murray wrote that she hopes the report "sets the groundwork for the Legislature to ensure the laws of the Commonwealth reach the necessary balance between the transparency of law enforcement in Massachusetts and the privacy of individuals."

Specifically, the law instructed the working group to review the exemption to the public records law that covers "investigatory materials necessarily compiled out of the public view by law enforcement," as well as the "the public interest" in releasing police documents such as arrest reports, and related privacy and confidentiality concerns.

The group was deadlocked on whether to recommend adding the state police into the law that requires all municipal police department to maintain a daily log of complaints, crimes and arrests, according to meeting minutes included in the report.

Entries in such logs are considered public records, with exceptions for incidents involving certain handicapped individuals, domestic violence, rape or sexual assault, and arrests for assault against a relative or household members.

Murray, Sen. Joan Lovely, attorney Jeffrey Pyle of Prince Lobel, Foxborough Town Clerk Robert Cutler, and Randall Ravitz, chief of Attorney General Maura Healey's appeals division, voted in favor of extending the log requirement to state police.

Voting against were Shannon Sullivan, a designee of Public Safety and Security Secretary Daniel Bennett; Capt. Michael Lyver, president of the state police Commissioned Officers Association of Massachusetts; Robert Ross, general counsel at the Executive Office of Administration and Finance; Jessica Katon, Sen. Richard Ross's constituent services director; and Salisbury Police Chief Thomas Fowler.

A 2014 law aimed at curbing domestic violence made it so police reports about domestic violence and rape were not deemed public records, and therefore not subject to disclosure requirements. Supporters said the move would increase confidentiality for victims.

The group voted 10-0 to not recommend changes to the disclosure exemption for reports of abuse involving household members, and 10-1 not to recommend changes to the exemption relating to domestic violence, with Robert Ambrogi of the Massachusetts Newspaper Publishers Association dissenting.
Instead, the panel suggested that the Legislature should study those issues, as well as the question of whether the state police should be subject to the daily log requirements and how that requirement would be fulfilled if so.

WOMEN IN ABUSIVE RELATIONSHIPS ARE OFTEN MADE TO APPEAR AS BEING "CRAZY"

WOMEN IN ABUSIVE RELATIONSHIPS ARE OFTEN MADE TO APPEAR AS BEING "CRAZY":

OUR JUSTICE SYSTEM ALLOWS THIS TO PROTECT MEN WHO BEAT THEIR WIVES & TO SILENCE WOMEN.

DOMESTIC VIOLENCE AFFECTS WOMEN PHYSICALLY AND PSYCHOLOGICALLY.

DOMESTIC VIOLENCE IS WHEN A MAN CONTROLS A WOMAN'S MIND WITH HIS FISTS.

HUSBANDS WHO BEAT THEIR WIVES ARE "REWARDED" WITH LIGHT SENTENCES.

GOD IS THE ONLY REAL JUDGE WHO PUNISHES MEN WHO ABUSE WOMEN WHEN COURTS REFUSE TO.


Sources: Daily Beast


****** Here Is the Powerful Statement a Wife Read Aloud to the Court and Her Abusive Husband


For ten years, Neha Rastogi says, she was abused by her husband, Abhishek Gattani. But despite her recordings recording some of that abuse, the Santa Clara District Attorney’s office let him plead no contest to offensive touching and felony accessory after the fact and agreed to a deal in which he would serve less than two full weeks in jail. Here is Rastogi’s full statement, as written, that she read aloud while Judge Allison Marston Danner was on vacation, asking her to change the terms of the prosecutor’s deal:

"Your honor,

I appreciate this opportunity given to me to speak about my abuse at the hands of Abhishek Gattani, I thank for this time given to me to voice my concerns, and requests to you and this court in the case of People vs. Abhishek Gattani. I apologize that my statement is a bit long but I've been effectively silenced since the day I married Abhishek and now throughout these criminal court proceedings and this is my one and only chance to speak … so please bear with me.

First I’d like to bring to your attention a few facts, which I feel, have not been considered in this case while coming up with the plea deal granted to and accepted by Mr. Gattani.

I had been married to Abhishek Gattani for 10 years, and being battered by him for the entire duration. He hit me, multiple times during each incident on my face, arms, head, belly, pulled my hair and abused me and called me a bitch, whore, slut, bastard and much more in my language.

Towards the last 4 years of our marriage he brainwashed me into admitting that I was a complete disgrace to him and the family we built and that if he was in my place, he would commit suicide out of shame, in other words telling me to commit suicide. He also started to threaten to kill me and when I expressed fear or feeling unsafe with him he called it “my self inflicted depression”.

He was probably a few days away from killing me when I got out of this dangerous and abusive marriage – I had started getting my will done, my life insurance done, in other words started to prepare our child’s future once he kills me. I even mentioned to him that what if this happen to our child if this happens and he said “I will not leave you, I will kill you and then kill myself, our child (not mentioning her name here) is collateral damage”. Abhishek – she is NOT collateral damage - She is the best thing that happened between us and will remain so.

2. Finally on 1st July 2016, I reported abuse to the authorities. Abhishek Gattani was arrested once before on 30 November 2013, as he was beating me punching me in the head and grabbing me from the neck, out in the open (on the street) when our mailman reported his abuse. He was convicted for this violence against me in this very court in 2014.

His first arrest on felony battery charge was reduced to misdemeanor – disturbing the peace on account of POSSIBLE immigration consequences.

The same reason being given by his defense attorney Mr. Paez (who I hired for Abhishek during the first case), this time around to enable reduction and leniency in the plea deal offered to this serial aggressor. I helped Abhishek escape a harsher punishment, because, being from India, I did not know better, I did not understand the American criminal justice system and above all I hoped like a fool that this might bring some change in him.

3. He was also required to take a 52-week anger management class as part of his previous sentence.

4. This time around there is evidence in the form of audio and video clips which clearly show and prove that Abhishek was hitting me (repetitively hitting me on the face and body), there are videos of him threatening to stab me 45 times and many of these videos show this abuse towards and happening in the presence of our then 2.5 year old child. There is also evidence in the form of pictures of bruises obtained from these beatings. There is also evidence of his parents confirming (over a video recording) to his physical abuse against them (both father and mother) as well as Abhishek’s younger sister.

5. Abhishek and I have a now ~3.5 year old daughter together who has been exposed to and has been impacted from, his abusive – aggressive behavior.

YH, this is the second time his abuse towards me has been reported to the state, but it is not the second time he has committed these crimes. Our child (3.5 years now) and I have taken many years of abuse, of which 3 years of abuse post his conviction in the matter from 2013. I hoped that he could change his ways and that I could give a complete family to our child. That hope died on 30th June 2016 and I reported his violent abuse towards our daughter and me on July 1st of 2016.

In these past few months I have tried come to terms with the fact that the man I married … the father of my child … is a horrible human being, and didn't deserve my care or respect or love and now, he doesn’t deserve another second of my mental space given the 10 years I have already wasted on him. He was a mistake and now I need to move on... but I find it difficult to move on when I feel wronged by the DA's office and this court. Honestly I feel fooled not just by a convicted criminal, aggressor, wife beater, batterer, that I unfortunately married - the worst mistake of my life but by this court as well. With all due respect to the system... I stand FOOLED, disgraced and ridiculed as a victim.

I wanted to speak up at the last hearing as well, but I was told today is the right time to do so. Honestly I am not sure why is it so, as it seems it's all done... what's the point of me speaking up now?

I get heard to be ignored? to be told that the system understands the abuse and the impact it has had on our child and me but sorry it is what it is. I was told no jail, no classes, no penalties can change Mr Gattani.

Is this the faith the DA’s office and the court have in the justice being provided in this court? Is that the reason for leniency in such cases? Have we given up on justice? Is that the thinking behind giving him a charge which honestly doesn’t add up to his crime AT ALL?

I am no attorney but I can read and understand English. When I look up the charge: Felony – Accessory after the fact it means: Someone who assisted another 1) who has committed a felony, 2) after the person has committed the felony, 3) with knowledge that the person committed the felony, and 4) with the intent to help the person avoid arrest or punishment.

Please help me understand how is this a charge appropriate to the crimes he has himself admitted to in this very court. By taking the plea deal he has admitted to hitting me, he has admitted to threatening to kill me, he has admitted that he hit me and mentally tortured me throughout my pregnancy and his abuse resulted in me making multiple trips to the ER even as late as 8 months into my pregnancy.

Please advise me how does accessory after the fact apply to a criminal like him? Who was he assisting while torturing me … who is that criminal, because if it wasn’t him shouldn’t this court be searching for that person. Please let me assure you as a victim of his abuse, you need to look no further – HE did it. His charge should be Felony – battery with the intent to harm if not kill.

The second charge on him is a “Misdemeanor – offensive touching”? I didn’t even need to look this one up, as it made me laugh when then I realized that I was laughing at myself, I was the joke here. “Offensive touching!!!”

Please explain me is it offensive touching when a 8 month pregnant women is beaten and then forced to stand for the entire night by her husband, is it offensive touching when a mother nursing her 6 day old child is slapped on her face by her husband because he thinks she is not latching properly with the child, is it offensive touching when a women is flung to the floor and repetitively kicked in her belly, is it offensive touching when a women is slapped 9 times by her husband until she agrees to everything he is saying and then gets hit again for not agreeing with it sooner … is it offensive touching - I call it terrorism … That’s how I felt – terrorized and controlled held hostage by the fear of pain, humiliation and assault on my being and my daughter’s.

I feel disgraced by the charges – 3 years of abuse towards our child and 10 years of abuse towards me has equated to 15 days of his life in jail.

The system has shown me that concerns over Abhishek’s immigration status has completely trampled rights of my daughter and my own. How is it that this is the second time he has been convicted of Domestic Violence and this is the charge.

Between the prosecution and defense, I've been marginalized and honestly insulted. What I have suffered at Abhishek's hands has become insignificant in favor of considerations for Abhishek's job, immigration status. What about our child, what about me? We both experienced domestic violence from Abhishek, yet our voices cannot reach the authorities.

The plea deal given to him is not punishment for his doings rather an encouragement for continuing his ways, with just one lesson to be learnt by him – to keep it under the covers next time and that he should silence the next victim and not just control her. He was shown leniency by this court in his previous case, but the same shown this time around, stands no basis. Seriously, how many chances does a grown up, educated, CEO of a tech startup need to understand that he is not to hit anyone or else he will have consequences like going to jail, or even being deported.

This person preys on the mere perception of weakness and that’s what the system is exhibiting today.

Multiple times in the past, Mr Gattani would come back home from Cuberon, his startup, after having an argument with his co-founder and tell me, “you and my co-founder (who shall remain unnamed) are the same – lazy, empty promise makers, Positive fools, with no results. I can’t trust him.” Mr Gattani, had the same remarks about friends and even successful, accomplished people as the main investors in his very startup just because they would show empathy and not aggression when approaching a challenging situation, calling them free loaders and lucky by being at the right place at the right time.

Who is the free loader today if not him, and who is offering this leniency – the judicial system. This to him isn’t equality or rights but sign of weakness, which he takes advantage of. He has physically and mentally tortured his parents, his sister, his wife and now his 2.5 yr old daughter too – all because he looked at our values and morals and care for him as a sign of weakness, which he could misuse.

He named our strength as our weakness and continuously took advantage of it. He will do the same here and I stand terrified of the consequences of that as a mother, as again a future victim and for all those who he would prey on in the times to come.

I am appalled by the sentence he is getting.

I believe justice will come to him, if not through this court then by God's decree on account of his doings but I do stand disappointed here as a law abiding citizen of the most powerful country in the world, feeling unprotected and ridiculed by a CRIMINAL… who is here pleading guilty for the same crimes committed against the same victim in just 3 years of the first REPORTED incident while ON probation.

The reason I speak out now, is that, no anger management classes can help a man who doesn’t think he did anything wrong when he HIT and ABUSED others to control them, once someone escapes their guilt the only thing that stops them is serious consequences – which is a rightful conviction. I see that the defense council has requested his felony charge to be reduced to a misdemeanor in the future. This is the same criminal who has already fooled the system for 3 years after being convicted for the same crimes. I can almost confirm he will do the same again.

I believe in God and I will pray that we don't come back here in this very situation because this court was lenient with this convicted felon with a criminal history... I pray that I am proven wrong as peace is cheap at such cost... but if I am proven right this moment will stand very dark and very heavy in the minds of all of us who could have done something to stop that from happening.

I don’t understand the legal proceedings but I do seriously object to his request for getting to serve county jail post completion of the 5 month sheriff’s program. Is this a joke?.

This criminal is asking for a chance to wrap up his business???? Really are we enrolling him in a spa of giving him a punishment for abusing his wife and child for 10 years.

We are looking for the convenience of this felon who forced me multiple times to resign from my job (all recorded and provided as evidence) or else he will continue his abuse in front of our then 2.5-year-old child and not allow her to go to sleep … this leniency for a person of his morals and virtues?

I cannot articulate my despair at this treatment of his crimes. It’s as if we are giving him a slap on his wrist because he got caught … this is barely any consequence for him for ruining the childhood of our daughter and the 10 best years of my life.

I believe you as the judge in this case have the power to rethink what is being given away here in the name of equal rights. Rights come with consequences too.

I believe you have the power to stop any further leniency then already being given to him by the DA’s office. I believe you have the power to restore some faith in my heart that I wasn’t completely made a fool of, by this criminal and the judicial system.

I request you the following:

1. no jail credits are given to him and he serves full sentence of 30 days in county jail (CJ),

2. he be arrested today and made to serve his CJ sentence from right now; and

3. his Felony charge NEVER be reduced to a misdemeanor.

I request this to you knowing fully well that YOU have the power to do so. Rest, please do what you think is right and would help you sleep tonight.
Once again, thank you for this opportunity to state the facts and voice my disappointment. Thank you for listening to me everyone."

MARYLAND DOMESTIC VIOLENCE SHELTER UNFIT FOR BATTERED VICTIMS (PRINCE GEORGES' COUNTY)

MARYLAND DOMESTIC VIOLENCE SHELTER UNFIT FOR BATTERED VICTIMS:

MOLD, MICE & NO HEAT YET THE SHELTER RECEIVES $1 MILLION DOLLARS IN FUNDS EACH YEAR.

DOMESTIC VIOLENCE VICTIMS BEING RE-VICTIMIZED IN RAGGEDY SHELTERS.


Sources: Washington Post, NBC, Youtube


***** Shelter for abused women under investigation after reports of mold, spoiled food


Prince George's County housing inspectors and family services officials are investigating conditions inside a county-funded safe house for domestic-violence survivors after residents reported living in mold- and pest-infested rooms, eating spoiled food and enduring cold nights without heat.

The county pays the private nonprofit Family Crisis Center Inc. of Prince George's County $385,000 a year to operate the 55-bed shelter, which is the only facility in the county that provides temporary housing for abused women and their children.

The Family Crisis Center, which also offers counseling and outreach services to domestic-violence victims, receives hundreds of thousands more dollars each year in state and local grants.

Residents of the shelter — whose location is kept private for security reasons — approached reporters during the weekend to say that their concerns had been ignored by the organization's executive director, Sophie Ford. The residents presented videos and photos of mold in bathrooms, broken windows and rust.

One young mother, who declined to give her full name out of fear for her safety, said that shelter staff members were friendly, but that there was never enough money for groceries.

"The food was like slop," said the woman, who asked to be identified by her first name, Jay. "It got so bad that my children wouldn't eat it, and I wouldn't let them. I went to the store nearby to buy whatever I could find."

Ford did not respond to requests for comment. But in a statement posted on the crisis center's Facebook page, the organization said it is investigating the complaints and making repairs to the century-old building. The statement denied that the safe house lacked heat or that any of its 46 residents consumed rotten food.

"It is our highest priority to protect our population," the statement said. "Therefore we take any and all complaints very serious. . . . These allegations strike at the core of our mission."

Elana Belon-Butler, director of the county's Department of Family Services, visited the crisis center facility on Monday and saw leaking shower heads, filthy air vents and other problems.

"I was not aware of the extent, severity and complexity of the issues," said Belon-Butler, adding that she is awaiting a complete report from inspectors. "I saw a number of things I am concerned about."

The county Department of Family Services conducts quarterly site inspections of shelters it contracts with, notifying the organizations ahead of arrival. Officials are reviewing past reports, including the one from the most recent Nov. 29 site visit. The shelter has been funded by the county since 1993.

"Specifically, what we are going to wait to see is whether or not there has been any violation of the grant agreement," Belon-
Butler said. "We are taking this very seriously."

Prince George's leads the state in domestic-violence-related homicides. The safe house is part of a network of services — including a year-old Family Justice Center focused on helping abuse victims — aimed at combating the violence.

The Family Crisis Center was paid $108,000 by the county this fall to expand services to southern Prince George's. Since 2012, the organization has won at least $630,000 in county grants. The shelter also received $1.2 million in the past two years from the Governor's Office of Crime Control and Prevention.

A grant coordinator from the state inspected the shelter on Tuesday after WUSA-TV reported on the residents' complaints, agency spokesman Robert James said. No major problems were reported during two site visits earlier this year.

The state also investigated complaints about the shelter in 2015, James said. After several staff members were removed, he said, conditions improved.

Keiyauna Stanley, a former manager of the shelter, said she was fired in November after contacting the organization's board of directors about conditions at the house and unpaid utility bills.

Carolyn White Williams, the head of a nonprofit that donates toys and clothes to the women in the shelter, said, "The issues have been going on for a mighty long time."

White Williams, founder of Sister 4 Sister Inc., said she complained about insufficient funds and shelter mismanagement during a recent County Council oversight hearing but did not receive a response that satisfied her.

"My heart is with those women. It makes me really, really angry," she said.

County Council Chair Dannielle M. Glaros (D) called the allegations about the shelter "disturbing and unacceptable."

"We anxiously await more details from the inspections and the results of this investigation before determining the best next steps to support the needs of the residents of the Family Crisis Center," she said in a statement.

Prince George's County State's Attorney Angela Alsobrooks (D), who is running for county executive, successfully sought state funding this year to provide additional short-term housing options for domestic-violence victims.

Her spokesman, John Erzen, said Alsobrooks was motivated in part by long-standing concerns about the crisis center.
"We wanted to try and bring another option when people are looking to get out of dangerous situations," Erzen said.

BP Agrees To Pay Claims, Obama Meets Victims' Families

Obama Meets With Relatives Of BP Oil Rig Blast Victims



President Obama met at the White House on Thursday with the families of the 11 workers killed in the BP oil rig explosion.

The meeting provided an opportunity for the president to "express his heartfelt condolences" for the April 20 tragedy and discuss "what type of changes can and must be made ... to ensure that deepwater drilling that goes forward is done in a way that is safe and not life-threatening," according to White House press secretary Robert Gibbs.

The meeting with the families came as Labor Secretary Hilda Solis headed to Louisiana to talk with fishermen affected by the oil spill and Congress continued with hearings on what has become an all-consuming issue on Capitol Hill.

Gibbs said earlier Thursday that the president planned, among other things, "to tell the families he is committed to work with Congress to ensure that any disparity in the law is addressed and the families receive due compensation."

Obama has announced plans to visit the Gulf Coast again next week. It will be his fourth trip to the region since the gusher began in late April.

Also Thursday, an Obama administration official said BP has pledged to speed up its payment of claims to businesses affected by the oil disaster.

The oil company has agreed to look at upcoming expenses of a business filing a claim rather than a company's expenses for a previous month, said Tracy Wareing of the Federal Emergency Management Agency.

"BP recognized that their previous approach of waiting until basically after the books have closed for each month to calculate losses will not work," Wareing said. "It won't get dollars out quickly enough for the businesses that are struggling on the ground."

BP's handling of claims related to the largest oil spill in U.S. history has come under intense criticism from idled workers in the Gulf states and from members of Congress.

BP is responsible for paying for the cleanup under federal law and has said it will pay "all legitimate claims" for damages that result from the disaster.

The company also has agreed to take workers' seasonal earnings into account in paying claims, said Wareing, an adviser to Homeland Security Secretary Janet Napolitano.

Frustration boiled over Thursday as federal and local officials complained at a key Senate governmental affairs subcommittee hearing that it remains unclear who is in charge of the oil disaster response.

"I still don't know who's in charge," said Billy Nungesser, president of Louisiana's Plaquemines Parish. "Is it BP? Is it the Coast Guard? ... I have spent more time fighting the officials of BP and the Coast Guard than fighting the oil."

What is needed, Nungesser said, is someone "with the guts and the will to make decisions."

Sen. Bill Nelson, D-Florida, repeated his call for the U.S. military to take a greater role in the response effort, arguing that it has the best command-and-control system in the world.

Nelson blasted federal officials for failing to alert local authorities that oil from the Gulf disaster has entered Florida waters. Nelson noted that oil is now in Florida's Perdido Bay, near the Alabama border.

"The Coast Guard is doing a great job, but they are stretched to the limit," Nelson said during a Senate hearing on the spill. "We are livid that the command and control is not there. ... Communication is not coming to the state and local government."

And Sen. Patty Murray, D-Washington, blasted BP on Thursday for failing to attend her subcommittee's hearing on oil and gas worker safety. "Honestly, I find it very outrageous that even after an accident that killed 11 workers, BP is not putting a high enough priority on worker safety to send a representative to a hearing specifically focused on protecting workers in their industry," Murray said.

But another lawmaker mocked Congress for holding multiple hearings on the spill before experts have figured out how to halt the oil. House Minority Leader John Boehner, R-Ohio, sarcastically called the packed hearing schedule, "Congress at its best."

"You know, why don't we get the oil stopped, all right? Figure out what the hell went wrong, and then have the hearing and get the damn law fixed," Boehner told reporters at his weekly press conference.

Earlier Thursday, Obama said the oil disaster has highlighted the inadequacy of current environmental pollution laws and urged Congress to move forward with a series of changes in an "aggressive, forward-leaning way."

The president made his remarks during a White House meeting with the bipartisan congressional leadership

"We had a frank conversation about the fact that the laws that have been in place have not been adequate for a crisis of this magnitude," he said.

The president specifically mentioned the 1990 Oil Pollution Act, which Democrats have criticized for imposing a $75 million liability cap on oil spills.

A White House spokesman said Thursday that the administration won't reconsider its six-month moratorium on deepwater oil drilling "without knowing exactly what happened" to cause the largest oil spill in U.S. history.

The administration ordered the halt to allow time for a probe into April's sinking of the drill rig Deepwater Horizon. Officials in Louisiana have called for the moratorium to be lifted, arguing it puts thousands of jobs at risk.

n the meantime, federal authorities have given BP until Friday to devise contingency plans for the continued collection of gushing oil into a containment cap in the event of an operational failure or severe weather.

In a letter written Tuesday, the government's on-scene administrator, Coast Guard Rear Adm. James Watson, instructed BP Chief Operating Officer Doug Suttles to lay out a process for the recovery of oil spewing into the Gulf of Mexico.

BP said it has collected about 73,300 barrels, or about 3 million gallons, of oil since it placed a containment cap on its ruptured well.

Federal agencies responsible for monitoring the toll to wildlife reported Thursday that 473 oiled birds have been collected alive and that 658 were dead. The report said 52 sea turtles have been collected alive; 279 were dead.

As the environmental crisis worsens, states are tracking the disaster's health impact, including respiratory and skin irritation problems in Louisiana and Alabama, health officials said.

The Louisiana Department of Health and Hospitals is aware of 71 cases of oil spill-related illness as of Wednesday, said state health officer Dr. Jimmy Guidry. Of them, 50 involved workers on oil rigs or who participated in cleanup efforts, and 21 came from the general public.

Symptoms included throat irritation, cough, chest pain, headaches and shortness of breath, Guidry said. Eight workers were hospitalized, for an average of one day each, the department said.

In Alabama, 15 cases of illness have been reported, said Dr. Don Williamson, state health officer.

Florida has received no reports of illness connected to the oil spill, said health department spokeswoman Susan Smith.


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Sources: CNN, Google Maps

NC Court Officials Caught Improperly Diverting $8.5 Million In Victims' Assistance Funds (More NC Corruption Exposed)

Victims' money goes to others, despite N.C. law putting them first

(Law says crime victims should come first, but court system diverts funds to government.)


For 10 years, North Carolina's Court System has improperly diverted millions of dollars meant to compensate crime victims and deposited the money in state and local treasuries.

In 1998, the N.C. General Assembly put crime victims first in line to receive any money paid by probationers, parolees and prisoners, money assessed by judges after the offenders were convicted.

But officials at the Administrative Office of the Courts in Raleigh interpreted the law to put crime victims third in line, behind fees for probation and community service. An incorrect computer setting compounded that error by putting many crime victims sixth in line, behind fines and city and county fees.

Court officials say the courts' antiquated computer systems, which date to the 1980s and earlier, make it virtually impossible to say how much money went to N.C. Government accounts rather than victims.

But The News & Observer of Raleigh examined 244,489 cases where restitution was ordered; in 80,148 cases, restitution was NOT paid in full, even though court officials collected $8.5 million in fees and fines that by law had a lower priority than crime victims.

The latter number does not include cases closed early when the offender went to prison after making some payments. It does not include closed cases where a judge forgave unpaid costs before closing the case. And it does not include millions of closed cases that are archived and not accessible.

Court system officials did assess the damage to victims in one year: 2005. They say if crime victims had been first priority, they would have received an additional $825,823.

The court system's actions for the past decade irked former state Rep. Rick Eddins, R-Wake, who sponsored the 1998 victims rights legislation.

“Our intent was for the crime victims to be No.1,” Eddins said. “The victims for the last 10 years should get every penny.”

5 years, and still waiting:

Vernon Hutchins has been awaiting his money for years. The Air Force veteran recalled the day in July 2004 when he came home to “total devastation.”

Thieves had broken into his two-bedroom house in Charlotte's Enderly Park neighborhood and had stolen thousands of dollars worth of possessions, including antique pocket watches, a coin collection assembled over 20 years, and a diamond ring his mother had given to his father.

The thieves, he said, had broken a window, damaged electronic equipment and smashed much of his furniture. They had thrown his belongings in large piles on the floor.

“I was broken-hearted,” said Hutchins, 58, who works for UNC Charlotte, making scientific equipment used in research.

Later caught and convicted, the thieves were ordered to pay Hutchins $1,173. The money wouldn't have come close to replacing what he lost, he said, “but it would have been nice to know the law was on my side.”

The court system did collect $570 from one defendant for probation supervision fees. Hutchins questions why none of that money came to him.

“I feel like I'm totally alone here …,” said Hutchins, who adds that his home has been broken into several other times. “I don't have any faith in the court system at all.”

Thousands of others have fared no better. They include:

Larhonda Hunter of Raleigh, who had to get more than 160 stitches after an attacker slashed her face and body with a box cutter. “I was in the trauma center for five or six hours,” she said. The woman convicted in the crime, Josalyn Cotton, was ordered to pay $600 restitution to Hunter, plus $2,348 in court costs and other fees. Cotton has paid $900 to date, but Hunter hasn't received a penny.

Erika Ortiz of Raleigh, who was robbed of $20 at knifepoint in 2003. Her attacker paid $210 before a judge revoked her probation and sent her to prison. The courts sent all the money to the general fund as probation supervision fees. Ortiz received nothing.

David Conley and his wife, Stephanie, of Raleigh. George Barber broke into a garage in 2003 while the Conleys slept upstairs. Barber, who was drunk, set the garage on fire. A judge ordered Barber to pay $2,782 in restitution for the damage. Barber paid $276.11 in probation fees and court costs before his probation was revoked. “I never saw one dime,” Conley said. “The victim is left holding the bag.”

Victims' Rights history:

Support for Victims of Crime grew in the late 1980s and early 1990s, a period of steadily rising crime rates. Mothers Against Drunk Driving and groups supporting victims of crime advanced their agenda. In 1996, N.C. voters overwhelmingly approved a Victims Rights Amendment to the N.C. state constitution.

The amendment gave crime victims the right to be informed of and present at court hearings, to speak at sentencing, to confer with prosecutors and to be notified when the offender was released from prison.

The amendment also gave crime victims the right to receive restitution as prescribed by law. Eddins, the Wake County Republican, was a lead sponsor of the resulting law, passed in 1998, which moved crime victims to first priority for payment; they had previously been fourth.

In June 1999, Tom Andrews, a lawyer for the court system, wrote a memo instructing clerks how to fill out the Restitution Work Sheet and Order, a new form at the time.

Court computers were set to send money first to probation and community service fees, Andrews wrote. That would send the money to the state treasury, not victims.

Those fees were for services being currently provided, Andrews reasoned, while restitution was for past-due obligations. “Basic accounting principles dictate that current obligations be satisfied out of current receipts ahead of past-due obligations,” wrote Andrews, now retired from the court system.

This didn't mean that no money went to victims. The court system disbursed $26 million in restitution in the fiscal year July 2007 through June 2008. But that is only part of what judges ordered to be paid. Court officials say their antiquated computer systems have made it nearly impossible to calculate what percentage of restitution, fines and fees ordered has been paid.

But Andrews' memo put crime victim restitution at Priority 3 for the next 10 years, reducing the payments to victims. Tom Ross, AOC director at the time and now president of Davidson College, said he was probably told about the policy, but said he doesn't remember it.

Reached Friday, Andrews said the memo was “based on my own understanding and reasoning,” but declined to elaborate. “I've been retired so long it wouldn't make sense for me to comment,” said Andrews, who left the state courts office more than four years ago.

Another complication pushed crime victims even further down the list.

There are two types of restitution: one for crime victims and one for non-victims, such as a hospital or a doctor not paid for services provided to the victim.

The law assigns a lower priority to non-victim restitution. But the courts' computers have been programmed to lump victim and non-victim restitution together as Priority 6, unless the clerk manually overrides the program and moves the crime victim higher.

This ensures a longer wait for restitution.

A pledge for CHANGE:

Crime victims will be better served in future cases, says the new boss of the Administrative Office of the Courts.

John Smith, a former Superior Court judge from Wilmington who became the AOC director in February, said he did not know that his department had given crime victims lower priority than the law required until he was informed by The News & Observer.

“Restitution should be first. That's the intent of the legislature,” Smith said in an interview. “We can fix the … problem in one fell swoop, in about 30 minutes after you leave. Restitution will be given first priority.”

Smith that day ordered a reprogramming of computers to move restitution as the top priority in all future cases.

But Smith said it would be difficult to revisit past cases.

“That's the law of unintended consequences, when you tell a computer to go back and recalculate everything,” Smith said.

Gregg Stahl, Smith's top deputy, said that victims seeking to collect in past cases would have to speak with the clerk of court in the county where the offender was convicted. Clerks would decide restitution owed case-by-case, Stahl said.

One clerk's office has already changed its policies. After a News & Observer reporter inquired about the priority given crime victims, Wake County Clerk of Court Lorrin Freeman and Chief Resident Superior Court Judge Don Stephens realized the law wasn't being followed.

Freeman and Stephens agreed to manually enter all restitution cases as priority No.1. Freeman said her staff is making the change in cases from Jan.1, 2008, forward.

In Mecklenburg County, Clerk of Court Martha Curran said she plans to bring the issue to the attention of other county courts officials during a meeting scheduled for Tuesday. “It's certainly a legitimate issue,” she said.

But Curran noted that the courts are facing critical financial shortages – and possible layoffs. Court officials would have to examine whether they have the resources to manually reenter cases, she said.

A fraction of justice:

It's too soon to say whether any changes will help people like Lavargust Gray.

Gray was enjoying a meal at the food court of Charlotte's Eastland Mall on April 15, 2006, when two men approached. One of them, with a hand in a jacket pocket, demanded that he turn over everything he had just bought: a cell phone and Air Jordan tennis shoes.

Gray, who was 15 at the time, complied.

The robbers wound up paying more than $800 in probation fees after they were caught and convicted.

They were ordered to pay Gray $250 to compensate him for what he lost. Instead, Gray got $50.82.

“That's just not right,” he said.


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Sources: Charlotte Observer, News & Observer, U.S. Office of Justice Programs, NC General Assembly, Wikipedia, Google Maps