I Wonder if mAssachussetts Will Follow England’s Lead?

Stumbled across this story today:

Boston pays $3M in wrongful conviction

BOSTON – The city agreed to pay $3.2 million to a man whose wrongful conviction in the shooting of a police officer led the city to revamp its fingerprinting unit.

The settlement with Stephan Cowans, who was freed in January 2004 after more than six years in prison, equaled what’s believed to be the largest amount the city ever paid in a wrongful conviction case.

Cowans, 35, was sentenced to 35 to 50 years in the 1997 wounding of Sgt. Gregory Gallagher after the police department’s fingerprinting unit matched him to a print that the shooter left behind on a glass of water.

Cowans was exonerated by DNA evidence through the New England Innocence Project, and the fingerprinting unit was shut down. A report found that its officers lacked proper training and were unprepared to do complex analyses.

As part of the settlement, Cowans agreed to drop claims against the city, the Police Department and Gallagher, who had identified Cowans as the shooter, Boston city attorney William Sinnott said.

In March, the city agreed to pay $3.2 million to settle a lawsuit brought by Neil Miller, who served 10 years in prison after being convicted of raping a college student. DNA tests proved another man had committed the crime.

So, the City of Boston has to shell out $6.4 million for wrongful prosecution and imprisonments? Well hell, follow England’s lead, and charge those men for their room and board while in the slammer! If they gig them at the rate of $125 a night, you’re looking at $273,750 back from Mr. Cowans and $456,250 back from Mr. Miller! Of course, they could use the $685 a night rate…

Tigerhawk Asks a Question.

“What will it take to militarize the West?”

This is the answer I personally think hits closest to the mark:

After the surrender of Europe to Islam, their military age men will be conscripted into Janissary units for the invasion of North America (no need to ask what will happen to the women). So much for the militarization of Europe.

The militarization of the US will occur then, and not before. – John Stephens

This has bearing on the überpost I’m having such a hard time getting out. What are your thoughts? Leave them here or at Tigerhawk’s. Or your own site, if you blog. Because it’s a crucial question.

I Bet Things Will Get Even More Interesting In Britain Soon…

…if this story is right:

Overcrowded jails reaching bursting point

by MATTHEW HICKLEY, Home Affairs Correspondent
00:24am 12th August 2006

Britain’s overcrowded jails are set to reach bursting point by the end of the month with the prison population reaching a new record high yesterday and spare places dwindling fast.

In the past week the number of criminals locked up in England and Wales has climbed by 175 to 79,094 – breaking the 79,000 figure for the first time.

Doing the math, that’s about, oh, 0.1% of the population of that region. By contrast, the U.S. currently imprisons about 0.7% of our population, according to the Bureau of Justice Statistics.

At that rate, and with just 506 spare places left, absolute capacity will be reached in less than three weeks, forcing the Home Office into drastic measures.

Like building more prisons?

Officials insisted last night they were “concerned but not panicking”, (they leave the panicking to the public) and insisted they still hoped to avoid having to launch Operation Safeguard – the emergency plan to move convicted criminals into police station cells, at huge expense.

The looming crisis in the embattled Home Office is another blow for Home Secretary John Reid, who has promised to “rebalance” the criminal justice system in favour of victims.

Uh-oh. I’m getting a bad feeling about this…

Earlier this week the Mail revealed that hundreds hardened teenage criminals, including muggers and burglars, are to be freed from jail early because youth jails have run out of cells, with governors under urgent orders to trawl their prisons to find young offenders suitable for early release, or transfer to children’s homes.

Now ministers could be forced to take similar steps in adult jails to avoid newly-sentenced criminals arriving from courtrooms being turned away.

Why am I not surprised? And does “turned away” mean “turned back out on the street”?

At least 40 convicts have already spent the night in police cells in the West Midlands because no room could be found for them in local jails.

The crisis means courts are likely to come under even more pressure not to hand out prison sentences to criminals, but to use supposedly tough community punishments for more and more offenders.

Or you could just hand them “ASBOs” and let them go on their merry way! Aren’t those “supposedly tough”?

A Home Office spokeswoman said officials were ‘concerned’ and were watching the situation closely.

“Watching the situation closely” via closed-circuit television, I’m sure.

Capacity is expected to rise slightly in the autumn as a small number of prison wings are reopened following refurbishment work, but that could come too late to avoid the current crisis.

Prison campaigners claim overcrowding prevents jails from carrying out vital rehabilitation work with offenders to steer them away from criminal careers, and have accused ministers of complacency over the issue.

Perhaps you might consider the fact that “rehabilitation” isn’t actually accomplished, and that the resources spent on it might be better applied elsewhere? (And in poli-speak, “complacency” means “You’re not spending enough money on my pet project, bub!”)

Even the traditionally quiet summer months when many courts are closed have not halted the relentless rise in the jail population, which has soared by some 2,300 over the past year alone.

Housing offenders in police cells costs £362 ($685) per night – more than many top hotels – compared with £66 ($125) per night in a prison.

Maybe we should introduce the British to Sheriff Joe Arpaio? Tent cities, pink underwear, and bologna sandwiches have to cost less than a night at the Radisson, much less one in the Presidential Suite at a Hilton.

The extreme option if the crisis-point is reached is administrative release, where the Home Secretary can order offenders close to the end of their sentence to be freed.

“Close to the end” being a somewhat flexible measurement, I’m sure. Meanwhile, reality rears its ugly head on a different topic:

Council tax ‘must soar to plug hole in public pensions’

By MATTHEW HICKLEY
21:46pm 11th August 2006

Council tax bills will have to rocket to plug the Government’s black hole in public sector pensions, the head of the spending watchdog has warned.

Remember, “There is no Social Security crisis.”

Steve Bundred, chief executive of the Audit Commission, says local taxpayers will be forced to foot the bill after ministers caved in to union pressure to allow town hall staff to continue retiring early on gold-plated pensions.

The U-turn provoked fury as ministers had pledged that public sector workers would have to retire at the same age as the private sector. Local government pensions already cost the taxpayer a staggering £3billion ($5.67 billion) a year.

Under Labour, the annual local government wage bill before pension costs – excluding police, teachers or firefighters – has soared from £11billion to £18billion ($20.8 to $34 billion) and now costs around £845 ($1,600) per household.

That’s per year.

Mr Bundred has written to Ruth Kelly, the secretary of state for communities and local government, calling for the local government pensions scheme to be overhauled.

He said: ‘At some unspecified date in the future, someone will have to start bailing out the funds. That someone is most likely to be the local taxpayer.’

Uh, excuse me – who else would it be?

He went on to warn that there was an ‘accountability gap’ in public sector pensions. ‘Taxpayers, and members of the scheme, are entitled to a greater degree of assurance that the funds offer value for money,’ he said. ‘What is needed is far more openness and transparency.’

Not “lower, later benefits”?

Mr Bundred added: ‘The accountability arrangements for the Local Government Pension Scheme do not match its scale. What passed as fit for purpose historically is now inadequate as liabilities have grown thanks to increasing life spans and higher salaries.

‘Particularly lacking is accountability about performance to the taxpayer and to the employees making contributions.’

Local government is one of the UK’s biggest employers with 3.2million on the payroll and has an asset value of nearly £90billion, making it the world’s fourth largest pension fund.

Strike threat

Last year, ministers backed down in the face of strike action by local government workers by allowing existing employees to continue retiring early on inflation-proofed final salary pensions.

Under existing rules, they can retire with a full pensions if their age plus their length of service totals 85 years, and has led to the average retirement age for a council workers falling to 58.

Campaigners have warned that private sector employees are being forced to pick up the bill so that their public sector counterparts can enjoy pensions rights which they do not enjoy.

Those in the private sector have been told they will have to work until 68.

Can you imagine the howls here when we’re told that Social Security won’t start paying out until we hit 68?

Experts have warned that the total black hole in public sector pensions is currently £530billion (a hair over $1 trillion), making it a huge burden for future generations of taxpayers.

Ah, the British, and their flair for stiff-upper-lip understatement!

The Tories said that the black hole in local government pensions alone is worth around £32billion ($60.5 billion).

Local government spokesman Caroline Spelman said: ‘This year Labour has hiked the council tax bills of pensioners by £250 ($472).

‘Since 1997, one third of the basic state pension has been grabbed back in everincreasing council tax. Pensioners are being jailed for non-payment, while violent criminals roam the streets freely.

See the piece immediately above (written by the same reporter, no less!) No wonder the prisons are overcrowded! You have to wonder about the economics of locking up pensioners at $125 a night for non-payment of taxes, don’t you? Or do they get the Presidential Suites?

“Yet the Labour Government is adding insult to injury by making hardworking families pay towards the cost of goldplated town hall pensions.

And you expected a different outcome… why?

‘Council taxpayers simply cannot afford to foot the growing bill. At a time when some private sector workers face having to work until 68, this is neither sustainable nor fair.”

I quote:

The EU is built on a fantasy–that men and women can do less and less work, have longer and longer holidays and retire at an earlier age, while having their income, in real terms, and their standard of living increase. And this miracle is to be brought about by the enlightened bureaucratic regulation of every aspect of life.

Paul Johnson, 10.06.03 Forbes Magazine “Europe’s Utopian Hangover”

It may be that England gets to be first to wake up to the facts, but at this point I’m thinking they’re going to sleep through the lesson.

James Frayne, campaign director of the Taxpayers’ Alliance, added: ‘Local people have only just been warned that they may have to foot the bill for an increase in the number of migrants coming to Britain, so they will be alarmed that they also face the prospect of having to pay for local government pension schemes.

‘The Government has got to understand that people are already struggling to make ends meet and they can’t keep being used as a convenient cash resource.’

Sure they can. Who’s going to stop them?

I mean, until the goose that lays the gold-plated pension eggs lies dead that is.

Unfortunately, I Can Believe It

I don’t know where I was when this news broke, but on August 2 a Scripps Howard News Service release announced that “More than a third of the American public suspects that federal officials assisted in the 9/11 terrorist attacks or took no action to stop them so the United States could go to war in the Middle East”.

Unfortunately, I can believe it. Why? Because of the number of ignorant people our school systems are churning out. I looked up a piece from December of 2004 and found that it was still available online – America as it ain’t – written by a professor of management at California State University, Dominguez Hills. He’s still shown on the faculty page, though it hasn’t been updated since August of 2004. (He’s also a novelist, writing under the pen name of Zachary Alan Fox, which explains the essay’s excellent readability.) But read the piece. It explains precisely why 1/3 of the population might swallow what Kevin Barrett is selling, and why the moonbat Left is where it is today.

“Reality-based community” my ass.

Another “Gullible Gunner”?

Long-time readers know about the months-long exchange between me and Australian blogger Tim Lambert over the topic of self-defense in the UK. His position is that self-defense is perfectly legal – though there might be a bit of a “chilling effect” on its practice – due, he says, to “gullible gunners” like me who blow news stories out of proportion. My position is that self-defense is legally on the books, but any citizen who actually tries it puts his freedom and fortune into the hands of the Law because the Crown Prosecution Service will most probably charge that citizen for violating some statute or six.

Case in point (h/t KeepandBearArms.com), 64 year-old Diane Bond:

Brave grandma arrested after standing up to yobs

By IAN DRURY, Daily Mail
22:00pm 4th August 2006

After months of being taunted by a gang of yobs, grandmother Diane Bond finally stood up to them when she was abused while walking her pet dog. During a torrent of foul-mouthed abuse, the frail 64-year-old prodded the teenager ringleader gently in the stomach when he urged her to “Hit me, if you dare”.

Obviously the teenaged “yob” doesn’t fear the law much.

Moments later, the 5ft 1ins pensioner found herself flat on her back and nursing a broken arm after the 15-year-old boy, who was 7 inches taller, pushed her to the ground. But to add insult to injury, police officers arrested her for assaulting a child after his mother moaned he had been attacked.

And there’s another reason for his behavior.

Now Mrs Bond must report to a police station 30 miles from her home in Llandrindod Wells, Powys, Wales, at the end of the month to find out if she will be charged. Last night the retired lab technician spoke of her distress. “I am in shock and very, very teary,” she said.

“I have never been in any trouble before. I just want to enjoy my evenings walking my dog in peace. I am being treated like a criminal because a gang of yobs have nothing better to do than pick on an old lady.”

Buck up, Mrs. Bond. You’re not alone!*

Residents of her quiet street have complained to the police and council for several months about youths causing anti-social behaviour. In the latest letter to Powys County Council in June, residents said they had suffered an “endless stream” of damage to property and cars, intimidation, vandalism, noise and rubbish being hurled into gardens by up to 30 youths aged 11 to 17.

Well, I’m sure the local constabulary has handed out a number of ASBOs – “Anti-social behavior orders” – to the misguided yoots. What else can they do?

Signed by 35 fed-up people, it added: “Collectively, we are sick and tired of the situation and our frustration is now close to boiling over.”

They’d best be careful! That kind of wording could be considered a threat of premeditated assault!

Things finally came to a head when Mrs Bond, who has two children and five grandchildren, took her terrier Hettie for a walk on parkland near her home. She said a group of about 20 teenagers were loitering on the grass. Three others were standing on a path, deliberately blocking her way.

“As I approached they started shouting abuse at me,” she said. “They were taunting me and crowding round me and I was quite frightened because they are big kids.

“After a while one of them, whose name is Billy, spread his arms out wide to show his stomach, and said, Come on, old lady, hit me, if you dare.”

“I gave him three prods, almost like playful punches, not hard at all, and next thing I knew I was lying on the ground and I had broken my arm. One youth said I had been pushed.

“I went back home, shaking and crying.”

Yet she was the one arrested (since, being a law-abiding citizen, she wouldn’t resist and probably doesn’t even know a lawyer, much less retain one…)

Soon after, two police officers knocked on Mrs Bond’s door and arrested her on suspicion of assaulting a minor. “It seemed the lad had told his mum what had happened and she had immediately lodged a complaint of assault,” she said.

Mrs Bond, who lives alone, was cautioned and interviewed for nearly three hours by police officers before she was released on bail at about 1.30am.

Let’s do the math: Carry the one… They arrested her at about 10:30 PM! It couldn’t wait until the following morning? She was going to skip the country overnight to avoid prosecution? And bail? I’m curious as to just how much this flight-risk had to shell out to get out of the slammer!

She has now made a counter-allegation to the police of assault against the youth. But she added: “This sends out the message that if you stand up for yourself, if you try to take action to stop anti-social behaviour, you are likely to end up being arrested.”

Yes. That’s EXACTLY what it does. And it’s meant to. And that’s the point I’ve been making all along.

Earlier this year, Prime Minister Tony Blair said communities had to stand up to yobs in the fight against nuisance behaviour. Mrs Bond’s neighbour Steve Simmons, who co-ordinates the Nelson Street – An End To Anti-Social Behaviour campaign group, said: “Diane is a reasonable law-abiding citizen and she has been treated like a criminal for standing up to yobs when the authorities would not.

“It is bewildering. The Government says communities should look after themselves and take a stance against anti-social behaviour. But when we do try to take action, what is the first thing that happens? The blame is put on us.”

Noticed that, did you? Once the government has seized the monopoly on the legitimate use of force, it will not surrender that monopoly willingly. What’s bewildering about that?

In May, grandmother Brenda Robinson, 66, of Bournemouth, spent a night in a police cell after being arrested for alleged assault when she gave a rowdy youth a “clip round the ear”.

That used to be known as “administering disclipline,” but no longer. Add Mrs. Robinson to the list, then. She’s in good company, too.

She acted after being abused, pushed and threatened with a plank of wood. Roger Williams, Liberal Democrat MP for Brecon and Radnorshire, said: “I would have expected the police to have acted slightly more proportionately than arresting Mrs Bond over this.

“It must have been a frightening situation for an elderly lady to be confronted by a gang of yobs, especially in an area with a history of anti-social behaviour, without the police compounding the problem.”

Gee, ya THINK?

Chief Inspector Steve Hughson, of Dyfed-Powys Police, said: “We are aware of the problems in Nelson Street and associated anti-social behaviour.

“Recent patrols in the area by the neighbourhood policing team have greatly reduced incidents of crime and anti social behaviour, to the extent that positive comments have been received by local residents.

If you interpret “About bloody time!” as a “positive comment.”

“Therefore patrols will continue.”

Until the media pressure is off.

The force declined to comment on Mrs Bond’s arrest.

I bet they did.

*Mrs. Bond is in the company of fine people like Mrs. Robinson, mentioned above, and also:

Maureen Jennings, 50, of Manchester.

Martin James, 64, late of Birmingham.

Bill Clifford, 77, late of Hampshire.

David Benton, 44, of Moorby

Linda Walker, 47, of Greater Manchester

Yes, they’re all just “gullible gunners” like me.

A Right to WHAT?!?.

While working on that upcoming essay on rights, what do I step in? This story:

Ohio Man Claims Right To Have Sex With Boys

Admitted Pedophile Says Children Can Consent

POSTED: 6:52 am EDT August 3, 2006

CLEVELAND — It was probably not a defense the court had heard before.

A suburban Cleveland man accused of sexually assaulting nine disabled boys told a judge Wednesday that his apartment was a religious sanctuary where smoking marijuana and having sex with children are sacred rituals protected by civil rights laws.

The admitted pedophile offered a surprising defense Wednesday to 74 charges of rape, drugs and pandering obscenity to minors.

Appearing in an Ohio court for a pretrial hearing, Phillip Distasio, 34, of Rocky River, Ohio, said he was a pedophile.

He told the judge, “I’m a pedophile. I’ve been a pedophile for 20 years. The only reason I’m charged with rape is that no one believes a child can consent to sex. The role of my ministry is to get these cases out of the courtrooms.”

Distasio, a self-professed pagan friar, is representing himself on 74 charges. He said he’s the leader of a church called Arcadian Fields Ministries, and that some of his congregants are among the victims in his case.

The judge told Distasio to confine his arguments to secular laws at his trial, scheduled to begin Sept. 11.

“If you want to challenge the law, that’s your right to do so,” Judge Kathleen Sutula said. “But we’re going to follow the laws of Ohio in this courtroom.”

Cuyahoga County Bill Mason said Distasio was arrested after he wanted to write a blog for the Lakewood Library. Officials noticed something was wrong and notified Rocky River police.

Distasio was arrested on charges he molested two disabled boys he was tutoring at his home. He’s also accused of raping seven other autistic children at a Cleveland school for special-needs students, The Plain Dealer reported. All but one of the boys was under 13, which carries a mandatory life-in-prison sentence if he is convicted, the paper reported.

Police said they found journals at Distasio’s apartment in which he described his illegal activities, along with child pornography and videotapes of him engaged in sex with boys, The Plain Dealer reported

“Not all pedophilia is bad, and sex [with boys] can be healthy,” Distasio told the court.

According to the journals, two of Distasio’s victims were so helpless they could never tell anyone what happened.

“The defendant describes acts in which he had autistic children and he did what I would call sadistic sexual acts with these children,” said Mason.

The school he ran from his apartment was called Class Cutters. According to Distasio’s Web site, students and parents chose the curriculum in the school for unique children.

But prosecutors said it was little more than a trap that snared one victim and then another.

“Like all predators, he used this one child to bring other children to him and that’s what was happening, and that’s how he got his second victim,” said Mason.

And prosecutors believe there may be more victims.

Distasio has a history of working with children dating back 10 years.

Prosecutors said he could be sentenced to life in prison if convicted.

All Distasio deserves is a new rope and a short drop. As far as I’m concerned, his right to life ought to be forfeit.